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01/16/1990-CC-Agenda Packet-RegularJANUARY 16, 1990 TRAINING POLICY FIRE DEPARTMENT ELECTRIC UTILITY MUTUAL AID AGREEMENT DENTON AND SNGER NATIONAL ORGANIZATION ON DISABILITY 01 B 7 STREET., CITY HALL t. Catl t i. i C er Int f: cati r , a,nc Ptedr e tee ttie Flab . Citizen's inta tt : C }nsider and Pc :sil ie ctic n Re°ardin Trainint;Peiicy Prc .` s ed for Fire Department - Fire Chief Merw rn Ticker 6, Consider and Pc ssit le t ction Reardin F1ect °ic UtiiitST t' ittt.ttal Aid Agreement Between City of Denton and City of Sanger i e Consider and Possible Action Regarding the National Organization can Disability . 4 y t tiler Such Matters "ity Ac_tt irzistratir n Ret e rt alie C rcia, Cit 7 ecretar . • alcu .. LIIX January"0 ■ �"Mayor.. Armstrong, McDaniel,Councilman Danny CouncilmanJerry Councilmanand Councilman Harvey W. Thomas " Manager "' : •Secretary RichardEdgar Barrow, Kenny Groves, Merwyn Tucker, Jimmy Waggoner, John Bucklew, Elaine Schad�Denton� Record • Sanger Courier,r 1. Ma�Tar Ar•rY�stran� c�.11ed the meeting to order. Caunciltx�an Thomas ,gave the invocation. Mayor Armstrong led the pledge to the flag. 2. Minutes of D rnber 18, 198i� stood approved as printed. :3. Disbursements -- Motion vdas made b� Gauncilman Thomas and seconded by Counoiirrlan McNeill to approve disbursements. Matson carried. 4. Citizen's Input -- Nome ■ . Executive Session Personnel. These items were not conducted. (�) Consider � Possible Action Regarding Training Policy Proposed fc�rFire Departrrter�t —Fire (�iafef Mervayn Tuclter, Chief Tucker proposed. a program to begin mandatory training for Q � ` a ■ • 90 PAGE 2 all volunteer firefi�l7ters. State established standard for volunteer firefighters is 160 flours. D1sCUSslon, Motion was made 1`7y Councilman Shaw to implement training l}olicy for Volunteer Fire Department., Seconded by Councilman Thomas. Discussion. Motion was amended by Councilman Shaw to read as follows.4 to approve basic certificatiori training program and the taositior; for the instruction be posted and applications be taken and that the Chief and his assistant make. some kind of a decision in who ctualifies for the position. Seconded by COunCilrrlarl Thomas. Discussion Councilman Shaw withdrew motion and Councilman Thomas wit.h��r�ew second. Councilman Shaw made the motion that this item be tabled until it ti be sent back to Fire Department and members of City Council caII attend a workshop to work out details and then it can later be brought back to City Council for a decision. Seconded by Councilman Jenkins. Motion carried. 1.0. Consider aricl Possible Action Re�arciin� Interlol Arr�t�►ent f{tr Fire Services with Denton Gour�ty. Councilrrian JerIkirs rriade the rriotior� to approve IrAerlocal A,arAA-- ment for Fire Services with. Denton County. Seconded by Council-- rrxan McNeill. Motion carried. 11, Consider and Possible Action Reardiri Iriterlocal Agreement for Library Services witYi Der�tor� County. Councilman Thomas triads the motion to approve Interlocal A�reemer�t for Library Services with Denton Gour�ty. Seconded ®® by Councilman Shaw. Motion carried. Consider• and Possible Action Reba 1% Audit 1988-89 - Johrl Graves. Discussion, Motion was made by Councilman Jenkins to approve audit for 1988-1989. Seconded by Councilman McNeill. Motion carried. �. Ar�y tither Such Matters: ��, Mayor° Armstrc}n� asked City Mana,�er if there is any way possible the City could have some other system of contacting the Electric Dept, and Water Dept, when the beers aren't. working. Discussion. b. Counciimar7 McNeill stated that the City Manager• helped hire write a letter to Mr. Hird of the Highway Dept. concerning drainage problem at Keaton. Discussion, s imminent;was outstanding Job in b. City Manager reported that Public Works Dept. ans[were�a over E� ells for service over the holidays, majority being frozen meters. 14. MeetinIX adjourned. , It I (ss .. tom, 'r•� -•y: r, �•i"_ •R 1 i_)i_! i..1 ..?t-? __ ..1!-::.• tel: '': r: _-� r-.;- �....t l_? .. __ o I-,'E_i.!_!i_! ;{F_ �.; 1 f !_( \i l._l •'rz .. ,_ •_._.. .. Y: i'i r1.• r't .J L.: alas ^, '. }':t� i ,... ....:..-;(�€.,? i_+?'lF s. _?..= i _€tfi? c If. 1'=', Tr% l:,,i i I;tj s l :. Fd dl-- ! lf�'t€. . i!1 i'i€I.J' `1i;-ti I r __. `�._ r: i i_i '_s s? 1 t_ jr; M I r ,'— _ .l .. kj% �... �t � �� i ;*` z. ii_1•i lell`a l{. ;= �. i_!�'a i i�i it..! `�.- .f ,�. ,. •ii.1 .. r. , ", !; t- ... _. I I_ ._ 4�[-iii�?�._��': _�. i,l•-€ ii�_ t k_?�i'S i.? f {.jfr ``,^,F 1. ik..i , 1, tat E1N _.:,t,:` sv`r:.ilft?`? lu It ,_._.. kj ,! Iy`i•;'..!+..? k.`t'::_�i,i..l ;-f j-�i_... k�. {'!N;_iF`:ji; ly i_€a i�.k... ._p !! i iL ("!F: "t11 f7, is L?E._!i` it RI.I t'. ! i..r. ... �ti R„5 ` "i 1;! aR a i ! :' t:=i.r i J. 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J. 1€iiAll, »t +At .:i'•� '-)f-J 1:, !.)?i.ii AA i ?�i„f) _.li_ )_il.._,ir,;.c,(_-! 1.Am )_;I: r$i..!It l, .ti'l1i_) .,AAA, -?cI n,t 1. LJ.i. _' ! I ..( c.,t_I A., V� v!..1.., f_) �!_!:_! _ G r r' :.-. I I A It _ ... ... .... ... .. i4l, If `:... .) J. i `•: I lriE^! i ' (_.i!`''. `�!_! !•:, .1 i_.E_i!_) : ItI*` _:`?..i" :_a 1 t•7�. _ a_t i s=I-A� ... '.ii_J ...`5 All ;a­_ x..__,...i .-. „.... — - , `%'r) l is ;- W. II t. )j ` L.. !. A. "Att Al Al..` ! i`•:.i.._;I!1 I I !w!€' `r.. .I. _ i.,)`Ji_ii_) 'A"t i:: Y�) ...,A..r[I _ l _: itt :. +!r..t•}.A.)I (.t�:�- Al .,IfA. !, _... .Y t .f All ALI. I_,'.L'`IR1111-l_)i );ia!s._rir-:s:.)i_) :'J ,`',t) `.! .::. €' I-'t fA I i t i_.I } I-,% .�.':f , -'At : .. _ ....' 1 � uI r� i . f A ! ii T`�t I Aiil., �_. .. tf,.!(ii} ii': _. I� ),.j?` y__. Jy). .fit € )'•: t_i i %f.l f^i. ff i•�.'`_1 J. �..! - .�. ...'. ._f_!:T �1f-_i=. Lt )I )F: i•�.-.L41 -. Itf _iI�ft. j i-%' k i, t_i;) 4:�'rG f_ifI 4. :'_ 1 :!: f—N !-.fl.L.I L.H AP! ! f r r 1w! lk IE E�.)ifl L' 'w:(,.I it"Sf t ! t,"s rA.r—..., , I y It WI -� It I'li..r.i_ii It Cr Z It �14 T r. f ifi.._, Ct ti In .. Ilf v i_ L.i � i !-' I`s . .__i-i t' 1 'i •:3,° i i"fi(-; S. !e :. _. •_'i f !F; i?; i�.L.'!_)I•`dt :.� — i_z`i- ! =r t'�t'� (c.;'t`�� .. _, � 'iA i r c. z f ° CITY OF SANGER P. Ot nCPN 076 SANGER, TEXAS 76266 MEMORANDUM #435 T0: Honorable Mayor & Members of the City Council FROM: John Hamilton, City Manager/iV� DATE: January 12, 1990 SUBJECT: Fire Department Training Following the City Council anti Fire Department Workshop, Thursday, January 11th, the fire department voted to adopt Chief Tucker's original proposal. Chief Tucker's memo is enclosed for your review. Chief Tur_.ker will be present to answer any questions on the proposal you rrligrlt have regarding the Fire Department Training, JH:es enclosures MEMORANDUM T0: FR0M:�n t% DATE: SUBJECT: CITY OF SANGER P. O. BOX 578 SANGER, TEXAS 76266 John Hamilton, City Manager Merwyn Tucker, Fire Chief December 21, 1989 Fire Department Training In reference to the conversation we had for having Certified Trained Firemen and the Liabilities we have associated with the job we do, I recommend we set up a Basic Certification Training Course. This course will provide 162 hours of training and will take approximately ten months to complete, based on 17 hours a month training time. All firemen will be required to participate in training and will have a two year time period to achieve the basic certification level of training to retain membership in the Fire Department. I also recommend we hire apart -time Training Officer to teach this training. I have talked with Mr. Kenneth Swindle, who has agreed to be our Training Officer for a monthly fee of $250.00 on an annual basis. Mr. Swindle is a very qualified instructor. He has taught both volunteer and paid departments for the last five (5) years. He is presently on the Lewisville Fire Department and is Training Officer for the Highland Village Fire Department. Mr. Swindle would be a member of our department and would answer fire calls with our other members. He would provide us on the Job training, prepare our scheduled training sessions, and give us training on an on -going basis. Mr. Swindle is familiar with the Training Program we have thru the State Firemen and Fire Marshall Assoc. and has presented this course before. To provide funding for this training program, in our 1989-1990 Budget, I have $1,000 budgeted for Travel Expense and $1,250.00 budgeted for Dues & Registration. I have $419.95 Expenditures out of these accounts to this date and there will be other expenses the balance of the year. I am requesting an additional $750.00 funding to these accounts to Off.` Memo to JH (MT) December 21, 1989 Page 2 implement this Training Program. Training is one, if not the most important part of the Fire Department. This program will provide all our firemen with a minimum amount of quality training and will be a very positive step toward improving our department. MT:es Qiu FROM: DATE: SUBJECT: Po BOX 578 ANGER, TEXAS • �nnnra,�hle 1l�laynr R+ Mpmherc of tY►� �:ity C'rnrnril John Hamilton, City Manager January 12, 1990 (T Electric Utility Mutual Aid Agreement. The enclosed Mutual Aid. Agreement would provide a legal means for the Cities of Sanger and Penton to aid each others Electric Utility in case of damage from natural disasters. Electric Superintendent Larry Yoast has reviewed the agreement and believes it to be fair and could be of great k)enefit to Sanger. Staff recommends approval. �IH:es enclosures ?_769L THE STATE OF TEXAS § CITIES OF DENTON AND SANGER COUNTY OF DENTON § MUTUAL AID AGREEMENT This Agreement, made effective this day of , 19 , by and between the City of Denton, a municipal pora- tion, and the City of Sanger, Texas, a municipal corporation. ARTICLE I. PURPOSE This Mutual Aid Agreement is established to provide a method whereby the Electric Utilities of the City of Denton and the City of Sanger, which have sustained physical damage from natural disasters, can obtain emergency assistance in the form of personnel, equipment, and materials from each other. ARTICLE II. llEFINITIONS A. DAMAGED UTILTTY: The utility which sustains physical damage to its electrical system due to a natural disaster and seeks assistance pursuant to this Agreement. B. ASSISTING UTILITY: The utility which agrees to provide assistance to a damaged utility pursuant to this Agreement. C. AUTHORIZED REPRESENTATIVE: An employee of each utility authorized by his utility to request or offer assistance under the terms of this Agreement. D. PERIOD OF ASSISTANCE: The period of time beginning with the departure of any personnel of the assisting utility from any point for the purpose of traveling to the damaged utility in order to provide assistance and ending upon the return of all personnel of the assisting utility to their place of work after providing the assistance requested. E. WORK OR WORK -RELATED PERIOD: Any period of time in which either the personnel or equipment of the assisting utility are being used by the damaged utility to provide assistance shall include travel time to and from the job. Specifically included within such period of time are rest breaks when the personnel of the assisting utility will return to active work within a reasonable time. Specifically excluded within such period of time are breakfast, lunch, and dinner. ARTICLE III. PROCEDURE In the event that either a City of llenton or City of Sanger utility becomes a damaged utility and, in its opinion, requires assistance from the other utility, the following procedures shall be followed. A. The damaged utility shall contact the authorized represen- tative of the assisting utility and provide him with the follow- ing information. 1. a general description of the damage sustained; 2. the part of the electrical system for which assistance is needed, e.g. generation, transmission, substation, distribution, overhead or underground; 3. the amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed; and 4. a specific time and place for a representative of the damaged utility to meet the personnel and equipment of the assisting utility. B. When contacted by a damaged utility, the authorized resentative of the assisting utility shall assess his utility s situation to determine whether it is capable of providing assis- tance. No participating utility shall be under any obligation to provide assistance to a damaged utility. If the authorized representative determines that his utility is capable of and willing to provide assistance, he shall so notify the authorized representative of the damaged utility and provide him with the following information. 1. a complete description of the personnel, equipment and materials to be furnished to the damaged utility; 2. the length of time the personnel, equipment and materials will be available; 3. the work experience and ability of the personnel and the capability of the equipment to be furnished; 4. the name of the person or persons to be designated as supervisory personnel; and 5. the estimated time when the assistance provided will arrive at the location designated by the authorized representative of the damaged utility. C. Pursuant to Vernon's Ann. Civ. St. Art. 4413 (32c) Sec. 5A (2) as amended, the assisting utility shall secure appropriate authority by its governing body before emergency assistance may be rendered. D. The personnel and equipment of the assisting utility shall remain, at all times, under the direct supervision and control of PAGE 2 O the designated supervisory personnel of the assisting utility. Representatives of the damaged utility shall suggest work assignments and schedules for the personnel of the assisting utility. However, the designated supervisory personnel of the assisting utility shall have the exclusive responsibility and authority for assigning work and establishing work schedules for the personnel of the assisting utility. The designated supervisory personnel shall maintain daily .personnel time records and a log of equipment hours, be responsible for the operation and maintenance of the equipment furnished by the assisting utility, and report work progress to the damaged utility. E. The damaged utility shall have the responsibility of providing food and housing for the personnel of the assisting utility from the time of their arrival at the designated located to the time of their departure. The food and shelter provided shall be subject to the approval of the supervisory personnel of the assisting utility. F. The damaged utility shall have the responsibility of providing communications between the personnel of the assisting utility and the damaged utility. ARTICLE IV. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be agreed to prior to the providing of such assistance and shall be in accordance with the following provisions: A. During the period of assistance, the assisting utility shall continue to pay its employees according to its then prevailing rules and regulations. The damaged utility shall reimburse the assisting utility for all direct and indirect costs and expenses incurred during the period of assistance, including, but not limited to, employee pensions and benefits. B. The assisting utility shall be reimbursed for the use of its equipment during the period of assistance according to either a pre -established hourly rate or according to the actual opera- tion and maintenance expenses incurred. C. The assisting utility shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, unless such damage is caused by negligence of the assisting utility's personnel. The measure of reimburse- ment shall be the replacement cast of the materials and supplies used or damaged. In the alternative, the parties may agree that the damaged utility will replace, with a like kind and quality as determined by the assisting utility, the materials and supplies used or damaged. PAGE 3 D. The assisting utility shall bill the damaged utility for all reimbursable expenses and the damaged utility shall pay the bill in full not later than 30 days following the billing date. Unpaid bills shall become delinquent upon the 60th day following the billing date and once delinquent shall accrue interest at the rate of twelve (12) percent per annum or the prevailing prime rate, whichever is less. ARTICLE V. LIABILITY A. Except as prohibited by law, the damaged utility assumes sale and exclusive responsibility and liability during the period of assistance for any and all claims arising from loss, damage or injury to the personnel or property of the assisting utility, the personnel or property of the damaged utility, and to third persons or their property. To the extent authorized by the constitution and laws of the State of Texas, the damaged utility agrees to indemnify and hold harmless the assisting utility from any claims against it arising from such loss, damage or injury including, but not limited to, Workers Compensation claims, Group Insurance claims and Pension Plan Benefits. B. The above paragraph is subject to the following exceptions: 1. If any loss, damage or injury to the personnel or property of the assisting utility would have occurred even if assistance had not been provided to the damaged utility under this Agreement, the assisting utility shall be solely and exclusively liable for any claims arising from such loss, damage or injury. 2. If any loss, damage or injury to the personnel or property of the assisting utility is not caused, to any extent, by the natural disaster (or its effects) which necessitated assistance being requested by the damaged utility and such loss, damage or injury does not occur during a work or work -related period, the assisting utility shall be solely and exclusively liable for any claims arising from such loss, damage or injury. C. In the case where a claim has been made against the assisting utility, and the assisting utility believes that the claim originated during the period of assistance, the assisting utility may promptly notify the damaged utility of the claim. The damaged utility shall have the right to oversee and approve of all settlements in which the damaged utility will indemnify the assisting utility. If the the damaged utility so chooses, it may provide for the defense ®� PAGE 4 A any claim made against the assisting utility for which it is required to indemnify the assisting utility. EXECUTED this the day of ATTEST: JENNIFER WALTERS, CITY SECRETARY 1989. RAY STEPHENS, MAYOR BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: CITY OF SANGER NEL ARMSTRONG, MAYOR ATTEST: CITY SECRETARY, CITY OF SANGER i PAGE S A .. ' ii rANGER, TEXAS 762 TO: Honorahle Mayor � lviem�ers of tYie City Council Fi�%4T yTrnT7ra �I !iltnr�l tti'ity hrfsarna er DATE: ,January 12, 1990 41 SUBJECT: Partner - National Organization on Disability The enclosed rr�aterial from the National Organization on Disability is )resented for your consideration. If the City of Sanger joins (at no cost) as a Partner, we would be eligible to compete for a $25,000 grant to be used in our community to benefit disabled citizens. If Council approves nien�bership it would certainly clemonstrato 5a�xLS;ef�'s concern and dedication to improve the quality of life for our disabled citizens. `iH:es enclosures HONORARY CHAIRMAN Gerald R. Fad ORS o. Mathewson, Chsirman , ras(dont and CEO Mid Ama(ca National Bank of Chkago James S. Brady, Vla C/ralzman Forma WNW House Presa Seaetary Alan A. Rdch, President PNlip E. 8aekman Chairman and CEO, Nook-SupeRx, Inc. Henry B. Betts, M.D. Modkal W acre and CEO RehaN4laUon hstiWte d Chkago orchard Bishop, Eaq. Niles. Bartm, 6 Wilma Berbam S. Brown, M.D. Faensb MerFcal Advisory Servke Michad N CaaUe Govana d Delaware William E. Caatle Dirocta National TechNcal InsiNte la Ure Doal Cdby Chandler Cha4man and CEO Eastrnan Kodak Company John J. Coady Retired Group President Mate, Inc. Oouglss D. Danforth Halved Chakman Westinghouse Elecric Capaatlar Richard M. DeVoa NOD Fandng Chairman President, AMWAY Capaatlm Siephm L Feinberg Cha'xman and CEO Dasar Industries, Inc. George Gallup, Jr. President The Gallup Organizaim, hc. Mre. Winthrop Gardiner Fcunda, The Wakeman Award Arthur J. Holland Maya, Trentm, NJ President, U.S. Cmlaence of Mayas William R. HovreM Chakman and CEO J.C. Panay Co., Inc. M' a M. Miller k ant �rBTS,lnc. Mery Jane Owen Dkeda, OisaNilry Fears Ilzhek Perlman Robert C. Pew Chakman and CEO Stedcase, hc. Jod D. Robinaat C00, AA.F.P., Inc. Mldred T. Rose President Ikchad T. Rose Canparres Harold Russell Chaiman, Presidents Comm(Uee an Emgoymam of People with Disaditlea PsUlck G. Rvan President and CF.O AON Corpaaym Raymond Phllb Shrkr Fame Govema of Pannsytvania Counsobr, Dunaway 6 Goss Otto A Si!ha Retred Chairman, Caelea Media Co. President, Siha Asaadales Judge Leonud SUisey Revaend HuoM Wilke Direda, The Hed'ng CanmuNry Joseph D. Wpltams Chaiman and CEO Warner-Lambert Canparry SU John Wilson, C.B.E Preddenl, Intanational Agency la Ure Prevanuon of Blhdness ReulYragukre President Natlonal Cenci d La Raza :� " , ,��s;:: r... CONGRESSIONAL SPONSORS San. William Nmsbong, CO Sen, Alen Cranston, CA Sen, Robert Odo, KS Se• ^wtd Durenburger, MN S Herkln, IA S ,z HetfieW, OR Sm�`uanid Inouye, HI Sen. Edwud Kennedy, MA Sen. Paul Simm, IL Rep. Jutish Dixon, CA Rep. Bill Frenml, MN Rep. Ausrtn Murphy, PA Rep. Al Swift WA Rep. Ha�vy Waxman, CA Rep. Gw Ydron, PA NATIONAL ORGANIZATION ON � .� f o�aae nr�lJ Y/ Disabled v D V Persons V �Lv A Private, non•prolii oraaniaalion 910 Sixteenth Street, NW •Suite 600 •Washington, DC 20006 (202) 293-5960 • TDD (202) 293-5968 • FAX (202) 293-7999 COMMUNITY PARTNER - REPRESENTATIVE DESIGNATION FORM Please add our community to the network of towns, cities, and counties who are partners of the National Organization on Disability. We understand there is no fee for joining. Name of city, town Partnership Program or county joining the Community ___ __ __ We shall join as�one of the following (see reverse side for full descriptions of Partner or Affiliate status): Partner: Our representative* who will serve as a liaison to N.O.D. is: (Name) (Title and Organization) (Address) (h) (Telephone) (Telephone) * Representatives serve for 2 years or until a new appointment is made. Affiliate: You may list us as a member of the N.O.D. network; but, we will not appoint a representative at this time. We understand we will not be eligible to participate in the annual $25,000 awards program and will not automatically receive N.O.D. materials. (May be upgraded to partner upon written request) Our contact person is: Telephone ( ) �c i3 Signature Title (Must be signed by chief elected official of town, city, or county -cannot be processed without an original signature). Typed name of person signing Date signed Telephone ( ) RETURN COMPLETED FORM TO N.O . D. PROMPTLY Upon receipt of this signed form, N.O.D. will send a welcome letter and new partner information package to the representative named above. (over) � - Fxnand the partiCirlatin� of r♦I�,�,I..a �i,i�r,..� ....,� ,tl r,c A...,,,,,,-, .,....._ r_.,,. ;, .:...,. •_ �,.� in•—',��-h THE NATIONAL ORGANIZATION ON DISABILITY COMMUNITY PARTNERSHIP PROGRAM The National Organization on Disability promotes full participation of America's 42 million men, women, and children with disabilities in all aspects of life. The Community Partnership Program - a network of 2,100 towns, cities and counties nationwide - is the primary program for achieving this purpose. N.O.D.'s partner communities identify unmet local needs of people with disabilities, set appropriate goals and mobilize individuals and groups within their community to respond. N.O.D. is available to assist local partners. We maintain contact through a representative appointed by the Mayor or Chief Elected County Official. N.O.D.'s community partners undertake many different activities. Some communities work to -improve attitudes toward persons with disabilities; some expand educational and employment opportunities, address transportation needs and/or expand participation in recreational, social, religious and cultural activities. Others work to eliminate barriers at shopping centers, hotels, churches, voting places, theatres, lecture and concert halls, and other public buildings. There is no limit to the kinds of projects partners undertake. The program is up to the community. Communities may join as either 1) a partner, or 2) an affiliate. Partners are eligible to participate in our annual $25,000 cash awards competition, receive technical assistance on request and "how-to" materials. Press releases are provided for use in local media. They have telephone access to information about federal disability legislation. Active communication is encouraged through a locally -appointed representative who serves as liaison to N.O.D. Affiliates do not have a representative and do not receive all of..N.O.D.'s mailings. However, both partners and affiliates are part of a national network committed to increasing participation of persons with disabilities in the mainstream of American life and are listed as members of the Community Partnership Program. Both receive our quarterly newsletter, REPORT, with "Update" to keep you informed on the successes of other partners. N.O.D. HOT LINE N.O.D. maintains a toll -free 800 number as a service. The number is 1-800-248-ABLE. Calls are taken 24 hours a day and responded during business hours. Information about t N.O.D. as well as referral to Partners is provided. 2 c ISN'T IT TIME TO GET INVOLVED? NATIONAL ORGANIZATION ON Decade Of IV A Ll TYA private, eoompeWit egaMsafioa 910 Sixteenth Street, NW • Suite 600 • Washington, DC 20006 (202) 293-5960 • TDD (202) 293-5968 • FAX (202) 293-7999 NeO.De/WESTINGHOUSE COMMUNITY AWARDS PROGRAM $25,000 Competition Fact sheet Location Within N.O.De: The 'annual N.O.D. Community Awards Program is an integral part of the Community Partnership Program. Purpose: To encourage and develop meaningful local community iTlitlatives` and 'actions that will "eXpand� -participation of America' S 43 million persons with,'physical'or mental disabilities. Who Is Eligible: Only full partners are eligible to enter. N.O.D. must have on file a. properly executed current Representative Designation Form or one must accompany the application. To be considered current, the appointment (or reappointment of the Representative) must have been, made within the past two years. Who Are Full Partners: Towns, cities or counties who join the Community Partnership Program and who have a' current' Representative to N.O.D. who has been named by the mayor of the jursidiction or by the chief elected county offical. What Is a Properly Executed Designation Form. The Representative Designation Form must be signed and dated by the chief elected; official of the town, city or the county. Who May Sign If The Jurisdiction Has A Professional Administrator Employed By A Council: The 'council or county board of supervisor may delegate authority to execute the agreement to a professional administrator or manager. The N.O.D. Director of Program Development may alter this provision-if~necessary in some cases. When are Applications Available: N.O.D. will mail the official application blank to,all 'full partners on or about September 1 of each year. Applicatons may also be requested by letter or telephone by contacting the national office of`N.O.D. May a Partner Submit An Application For an Award on Behalf of Another Organization: Yes, but the program or activity described in the entry must have been conducted under the auspices of a local, committee with responsibility for the CP program.; The.choice-of committee name -or composition is a`matter for local decision `and will not affect eligibility for competition. The local committee can choose to carry out their program(s) or activity(ies) in ,cooperation with another organization. What Constitutes a Community Partnership Committee: 025 1) Approximately 50% of the members should be persons with disabilities or their family members; 2) both public and private FYP:3nd the r1.ltfectmoon of disabled 64i,pont and all ra Ar" ;a ♦:.«.... : �,, ►..__i+ organizations should be represented; and 3) should be ethnically representative of the 'community as a whole. May the Mayor Assign the Duties of the Community Partnership Committee to Another Existing&or Newly Formed Official Body Such as a Commision on the Handicapped?* N.O.D. has no objection to assigning the responsibilities for implementing the Community Partnership Program to another body or group so long as that group has 1) direct involvement with disability issues, 2) meets the criteria for membership described for constituting a Community Partnership Committee, and 3) so long as it is made clear to that body what their responsibilities are under the Community Partnership Program. When this assignment is made, N.O.D. requests the mayor or chief elected county official to so notify N.O.D.. Are Past Winners Eligible For Future Awards:- Cash award winners from the previous year are not eligible to compete for cash awards in the year following their award; however, honorable 'mention winners are considered eligible 'to°compete. Categories & Sizes of Awards: There are two categories of awards. 1) Community Achievement Awards. 5-awards 'are given.` Awarded to communities who have made significant accomplishments in the past year in reaching each of 4 or more locally established goals. Ip a) All entries considered: $10,000 Grand Prize. b) Communities larger than 50,000 pop: $ 3,000 1st place. $ 2,000 2nd place. c) Communities smaller than 50;000 pop: $ 3,000 1st place. $ 2,000 2nd place. 2) Community Project Awards. 5 awards of $1,000 each. Given to communities regardless of size to recognize significant accomplishments during the year in pursuing fewer than 4 long-term goals A partner may apply for an award in only one of the two categories. Use of Awards: All monetary awards must be used by the recipient in furtherance of the local goals of the Community Partnership Program as they are `defined in the application.' Project Goals: Goals are established locally by the Community Partnership Committee and must be stated in the application. There must also be clear evidence in the awards application of the committee's role in establishing goals submitted in competition. Closing Date: Applications to be considered for recognition of a year's program must be postmarked on or before January 31 of the following year. Judges: Judges are appointed by N.O.D. each year from outside the organization. Judges are selected on the basis of recommendations. Any partner is eligible to recommend a person to be selected as a judge; however, the final decision rests with N.O.D..' Notification to Winners: winners are notified by telephone and by 029 letter on or about March 1 of each year. 12/1/89 NATIONAL ORGANIZATION ON SA B L T T A privahic noftofofif WW&MXAe= 910 Sixteenth Street NW 0 Suite 600 0 Washington, DC 20006 •.0 ft TDD •.: COMMUNITY PARTNERSHIP PROGRAM Fact Sheet The National Organization on Disability was founded in 1982 to promote full participation of America's 43 million men, women and children with disabilities in all aspects of community life. N.O.D. believes the best way to achieve full participation of people with disabilities is through local planning and action. Accordingly, we have established our Community Partnership Program a network of 2,100 towns, cities and counties nationwide. It is easy for a town, city, or county to become an N.O.D. Community Partner. The mayor (or county chairperson) designates a representative for a two-year term, and indicates his/her name on the designation form. (The form may be obtained from N.O.D. on request.) The mayor (or county chairperson) signs the form and returns it to N.O.D. The community is then a member of the Community Partnership Program. N.O.D. and the designated representative stay in touch. He/she soon receives an information packet on national and local disability matters. N.O.D. encourages all Community Partners to form and strengthen local committees to set community goals and objectives and to lead in the implementation of programs. Because the role of the representative liaison is so important, careful consideration should be given to this appointment. In order for the local program to be the most meaningful and have the greatest potential for realizing its goals, the person so appointed must have on -going contact with N.O.D. and time to make sure a local committee is organized and doing its work. N.O.D. may refer inquiries received on our hot-line from people in the local area to the community representative. N.O.D.'s community partners undertake many different kinds of activities. Some communities work to improve attitudes toward persons with disabilities, some expand educational and employment opportunities, address transportation needs and/or expand par- ticipation in recreational, social, religious and cultural activities. Others work to eliminate barriers at shopping centers, hotels, churches, voting places, theatres, lecture and concert halls, and other public buildings. There is no limit to the kinds of projects partners should undertake. The program is up to the community. (over) Expand the participation of disabled citizens and all of America gains. Isn't it time to get involvedf -2- N.O.D. with Westinghouse Electric Corporation, co-sponsors a $25,000 annual community awards competition. Community partners are invited to enter. By recognizing your outstanding disability programs and your progress in reaching your goals, we encourage replication of the best ideas by towns, cities and counties across the country. Each year, cash awards are nationwide for outstanding automatically receive the submitting entries. made to towns, cities and counties achievement. Community partners application in plenty of time for COSTS IN BECOMING A COMMIINITY PARTNER WITH N.O.D. There is no cost for a community to become a N.O.D. community partner. HOW YOIIR COMMIINITY BENEFITS THROIIGH ITS PARTNERSHIP WITH N.O.D. You and your community become a part of a national network committed to increasing participation of persons with disabilities in the mainstream of American life. You have instant access to information about federal disability legislation - what's going on in Washington. You receive our quarterly newsletter, REPORT, with "Update" on the successes of other partners. It lets you know what they are doing. You receive technical assistance on request, "how-to" materials, and direct referral to other partners with programs similar to yours for networking and exchange of ideas. ' You receive press releases for use in local media and benefit from our national advertising campaign promoting awareness and positive public attitudes towards persons with disabilities. N.O.D. HOT LINE N.O.D. maintains a toll -free 800 number as a service to all persons concerned. This number is 1-800-248-ABLE. Calls are taken 24 hours a day and returned during business hours. Information about N.O.D. as well as referral information is provided. IBN'T IT TIME TO GBT INVOLVED? NATIONAL ORGANIZATION ON �` HONORARY CHAIRMAN Decade of �\1, Gerald R. FadAt�51LITYAptivate, INwbled u WE V Perums V r--�TORs D L� D. Mathewson, prslrman -�ry�- sident and CEO Mid America Nallonal Bank of ChkagO nonprofit organization James S, Brady, Vice CtW man Former While House Press Secretary 910 Sixteenth Street, NW • Suite 600 • Washington, DC 20006 Alen A. Balch, President Philip E. man and CEO, Nook•SupeRz, Inc.hairmanChaand(202) 293-5960 • TDD (202) 293-5968 • FAX (202) 293-7999 Henry B. Bells, M.D. Medical Okector and CEO Rehabilitation Institute ofChicago December 17, 1989 Richard Bishop, Esq. Niles, Barton, 6 Wiknor Bertram S. Brown, M.D. Forensic Medical Advisory Service Dear Mayor: Michael N. Castle Governor of Delaware William E. Castle Since leaving the White House and joining the National Director National Technical Institute Organization on Disability as the Vice Chairman earlier this De Coleys nndler year, I have been leading a nationwide campaign - "Calling Chairman and CEO Eastman Kodak Company on America." I am calling on all Americans to increase the Johad R©br dGroupPresidenLMars, Inc, acceptance, dignity and participation of people with dis- Douglas D. Danforth Rallied Chairman abilities. My message is simple: We do not want pity or Westinghouse RichadM.DeVosElecticCapaatlon sympathy. We went opportunity. We want to participate and NOD Fw,AMWding hairman YCorp contribute to our nation 3ust like everyone else. President, AMWAY Corporation � Stephen L. Feinberg Chairman and CEO George Gail Industries, Inc, I am calling on the President, the Congress, Governors, President business and labor leaders, on educators and religious The Gallup Oigarilzallon, Inc. Mrs. Winthrop Gardiner leaders and on people with disabilities themselves. I am Founder, The Wakeman Award Arthur J. Holland calling on the citizens of all of America's towns, cities Maya, Trenton, NJ President, US, Conference of Mayors and counties to join me. And, I am calling on you as the William hakma and CEO mayor of your community. J.C. Penney Co., Inc. Ma<odese M. Millet adent I ask that you have your community join our Community IDfBTS, Inc. MO. ,JaneOwen Partnership Program (CPP) which is vital to my campaign. Director, Disability Focus ItrhskPerlman There are many benefits and no fees associated with member- RobC. Pew Cthakmanand CEO ship. The enclosed fact sheets tell about the program and Stoolcase, Inc. Joel 0. Robinson about how members of the CPP can enter our $25, 000 cash COO, AA.F.P., Inc. Michael To Boras awards competition. President Michael T. Rose Companies Harold Russell Chairman, Presidents Committee on t To join just name a person to be the Representative Employment olPeople with Disabilities Patrick G. Ryan from your community to N.O.D. , sign the enclosed Designation AONCorordion Form and return it. We'll send an information packet to the AON Coryaa6on Raymond Philip Shafer person you name by return mail. Do it today and you can Former Governor of Pennsylvania Otto Asins,Dunaway dCross still enter the awards competition for this year. Retired Chairman, Cowles Media Co. President, Silha Associates Judge tAonardSlalsey For more information, please call Shirley Sandage the Reverend Harold Wilke Dkecla,The Hoal'ngCommunity N.O.D. Director of Program Development. She will be glad to Joseph D. Williams Chairman and CEO answer questions. I look forward to receiving your signed WhnWlsn,C.H.cmpany Designation Form and the name of your Representative. By Sir John Wilson, C.B.E. g President, InternadonalAgency becoming a member of the Community Partnership Program, you for the Prevention of Blindness Raul Yraguirre will help me "Call on America." All America" will gain. President National Council of La Raza Edward Kennedy, Jr. e s t W 15 e Special Ambassador for No Decade of Disabled Persons CONGRESSIONAL SPONSORS n Sen. William Armstrong, CO Ci Sen, Alan Cranston, CA Soon. Robert Dole, KS James S . Brady Son. David Dutenbutget, MN ' mHarkln,IA Vice Chairman vk Hatfield, OR anlel Inouye, HI Steen Edward Kennedy, on, IL Ma P.S. My goal is to double the number of cities ho belong to Rep. Julien Dixon, CA the CPPe If I receive your signed designation form by Rep, Austiencoll MurphN January 15 I will send you a complimentary autographed co Rep. Austin Murphy, PA Y Y P YPY Rep. A) nryW Waxman, of m biography,Thumbs Up. Rep. Homy Waxman, CA Y Rep, Gus Yatron, PA Expand the participation of disabled citizens and all of America gains. Isn't it time to get involved? CITY OF SANGER P. 0. BOX 578 SANGER, TEXAS 76266 MEMOkANDUM #432 T0: Honorable Mayor &Members of the City Council FROM: John Hamilton, City Manager DATE: January 12, 1990 SUBJECT: City Administrator's Report 1�. The enclosed let.t.el' concerns the TML Region 8 Quart.erly Meeting. If you plan to attend, let me know so reservations can be made. 2J. A Ilf1L-'I11c72'aildulTl from the Appraisal District is enclosed for ,your review. 3). A packet of material from Lone Star Gas is enclosed for your review. Essentially this rate revision states that Lone Star will not connect service to a customer with an outstanding balance before it. is taken care of. This would prevent customers from having service placed in the name of another family member, i.e. a child. �). tNould Council like to host an open house to allow the ccarnmunity the opportunity to see the renovated city hall. When and what time would be acceptable? 5). Please review the at.taehed EPA material which you might find VeI`y 1I1foI'1114t1VE?. .JH:es enclosures 03 �ItUor i�urst TEXAS MUNICIPAL LEAGUE REGION 8 QUARTERLY MEETING The Cite of Hurst is delighted to host the Texas Municipal League Region 8 meeting on Monday, February 12, 1990, at Brookside Convention Center in Hurst. The serial pa^tion of tt►e evening's activities will begin at 6:30 p.mi., followed by dinner at 2:00 p.m. Our special guest and. keynote speaker will be Frank Sturzl, Executive Director of Texas Municipal League. Mark your calendar no�v and make pls-u►s to join us for an enjoyable evening. Please fcrward your reservations and payment cf $16.OQ per person to the City Secretary's Office by February 5, 1990. A location map and reservation form are enclosed for your convenience. Sincerely, BiL` So►►cler Mayor 8171281.6160 Metro 498.2700 1505 Precinct Line Road Hurst, Texas 76054 V', av ///Z� JOE �.ROGERS,CTA/RPA/RTA Chief Appraiser JOHN D, BROWN, RPA Deputy Chief Appraiser JOE A. FORSYTHE Deputy Chief Appraiser For Finance and Collections memos/wp/adjtorol T0: FROM: DATE: SUBJECT: DENION GENIRAL APPRAISAL DISIRICI 3911 MORSE STREET P.O. BOX 2346 DENTON, TEXAS 76202 817-566-0904 MEMORANDi1P1 The Chief Administrator Of Each .Iurisdiction The Presiding Officer Of Each Governing Body Joe D. Rogers, Chief Appraiser December 20, 1989 Impact Of Legislation On Tax Rolls BOARD OF DIRECTORS; TROY WHITE, Chalrman JON BECK, Vlce-Chalrman JERRY GAGE, Secretary CLARENCE MYERS RICHARD C. SMITH This memorandum is intended to advise the staff and the governing bodies of the taxing jurisdictions of possible future reductions in tax rolls and penalty and interest. The basis for this concern is the language of Texas Property Tax Code Section 25.25(c) and Section 15 of the Federal Deposit Insurance Act as amended. Copies of these laws are enclosed for your convenience. The reasons that a juris- diction should be concerned about these two laws include the following I A 1 1 appraisal rolls will be subject to protest after certification. Under most sections of the Code, the Chief Appraiser would have to agree to a protest after a roll is certified. Such is not the case under these two laws. 2) The tax representatives and attorneys are becoming well Informed about section 25.25(c) and are beginning to protest, referencing this section. When a tax rep or attorney offers their services on a contingency fee basis the property owner has little reason not to protest. 3) These two laws could have budgetary impact on the taxing jurisdictions. Both current and delinquent tax rolls would be reduced after a budget is finalized if a protest to lower a value is successful. Obviously, a jurisdiction's penalty and interest revenues would also decrease. The property owner has up to three years to protest a value under Section 25.25(c). There is no time limit on a protest under the FDIC Act. Now, let's briefly analyze these two laws individually. Texas Property Tax Code Section 2.5.25(c) This section of the Tax Code allows a property owner to request that the Appraisal Review Board consider changing values on property for current and previous years appraisal rolls. The major concern that we have is that the Chief Appraiser does not have to join the property owner in this action. Therefore, as more tax reps, etc, become aware of this section, the District will probably see substantial requests based on Section 25.25(c). If a property owner or agent succeeds in convincing the ARB to reduce a value, there is little that the Chief Appraiser can do to help the jurisdiction. Federal Deposit Insurance Act - Section 15 This Act should be of the utmost interest to the jurisdictions. The Act specifically exempts FDIC property from: (1) penalty on delinquent taxes (2) interest on delinquent taxes and (3) precludes foreclosure and sheriffs sale. However, property can be foreclosed and sold by the taxing jurisdictions if the FDIC elects for same to happen. Your delinquent tax attorney will probably be very interested in this Act because the Property Tax Code indicates that delinquent tax attorneys fees are a "penalty". Each jurisdiction may want to consult with their delinquent tax attorney about this matter. Perhaps the biggest concern with this Act should be the fact there is no time limit on protesting a value of property owned by FDIC. If a substantial portion of your tax base is property owned by FDIC, or could be owned by FDIC, it is in the best interest of your jurisdic- tion that someone fully understand the ramification of this Act. I would highly recommend that each taxing jurisdiction be well aware of the impact of these two laws. DCAD will exert a reasonable effort to minimize the effect of Section 25.25(c). We will also do the same for the FDIC Act, but there is little that we can do to help on those matters that are directly applicable to collections, such as the effect on penalty and interest. Questions? Give me or John Brown a call at (817) 566-0904. Joe D. Rogers enc. 2 cc: DCAD Board of Directors EXCERPT FROM FIRREA SEC. 219. EXEMPTION FROM TAXATION; LIAiITAT1ON ON BORROWi\C. Section 15 of the Federal Deposit Insurance Act (12 U.S.C. 1825) is amended— (1) by inserting "(a) GENERAL RULE.—" before "All"; and (2) by adding at the end the following new subsections: "N OTHER EXEMPTTONs.—When acting as a receiver, the following provisions shall apply with respect to the Corporation: "(1) The Corporation including its franchise, 'its capital, re- serves, and surplus, and its income, shall be exempt from all taxation imposed by any State, county, municipality, or local taxing authority, except that any real property of the Corpora- tion shall be subjecyto State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed, except that, notwithstanding the failure of any person to challenge an assessment under State law of such property's value, such value, and the tax thereon. shall be determined as of the period for which such tax is imposed. "(2) No property of the Corporation shall be subject to levy, attachment, garnishment, foreclosure, or sale without the con- sent of the Corporation, nor shall any involuntary lien attach to the property of the Corporation. "(3) The Corporation shall not be liable for any amounts in the nature of penalties or fines, including those arising from the failure of any person to pay any real property, personal prop- erty, probate, or recording tax or any recording or filing fees when due. This subsection shall not apply with respect to ariy tax imposed (or other amount arising) under the Internal Revenue Code of 1986 ¶ 2219 Sec. 219 Y 0 3'`� i I Sec. 25.25 Yroperty Tax Code Ioffer evidence or argument of the hearing. If the appraisal review board determines that a substantial error exists as alleged, the j board shall direct by written order that the appraisal roll be changed to correct the error. (e) A property owner who files the motion provided by Subsection (d) of this section must comply with the payment requirements of Section 42.08 of this code or he forfeits his right to a final determi- nation of the joint motion. M The chief appraiser shall certify each change made ns proved- ed by this section to the assessor for each unit affected by the change within five days after the date the change is entered. Amended by 1001 Tex. Lnwn (iat C.S.)p. 162, ch. 13, Sec. 113; Amended by 1986 Tex. Lawn, p. 6158, ch. 826, Sec. i; Amended by SR 379, 71 nt Leg., 1989, elf. June 14,1999; Amended by 1111432,71 At Ley;.,1989, eff. Jan.1,1990. JIB1600 (68th lAg., 1983) Mao providen the following: (n) A tax roll pre- pared by the tax nanennor for A !axing unit before the participation of the unit in An npprninn) district And Approved by the. board of evlonlizntinn or nplimianl re- r'l view board far the unit may be conr:cted no provided by thin section. A chnnite t in the lax roll that Affecla the tax liability or A property owner in subject to Sec• lion 26.1 fi(d), (e), or (i), Tax Code, An Applicable. �j (b) The tax onnennor for the unit may chnni;e the tax roll At any time to cor- reel A name or addrenn, A description of properly, or n clerical error that doen not nffect the Amount of tax liability. (c) At Any time, the governing body of the foxing unit, on motion of the tax Annennor fnr the unit or of a property owner, may direct by written order chnng• n en in the tax roll to comet: i+ (1) clerical errors that Affect a property owner's liability for a tax; (i (2) the tax liability of A property owner who ban qualified for A residence homentend exemption for the tax year An provided by Section 11.431, Tax f Code; or � (3) mulllpirt Apprnlnnin of A property in n ninilln yrnr. i (d) The nnnennor for the unit shall enter on the tnx roll the chnngcs made no provided by thin section. Cross References: Correction of lax roll, nee Sec. 26.16. Payment of tAxen under pmlent, ace Sec. 42.08. Protenta generally, nee ch. 41. Appeal In district court generally, nee ch. 42. Nntea: A taxpayer seeking correction of a clerical error that nffceln lax liability moot exhnusl hin admininlrntive remedien by filing n correction motion with the A- MReview Board before bringing Ault in dintrict court for a refund. l,ilnnd v, Milan CAi), 731 S.W.2d 109 (Tex.App,—Dnllnn 1987, no writ). While A taxing unit in Ant brnind In do Anything by A court derision ni;ninnt the apprmanl dintrict and npprninn) review board, the unit in affected by court or- tiered chnngen by the npprninn) dintrict And review bnnrd in correcting rolln bc- rn ino of initini innppneprinte npprninn) pnxvulurrn. Alief Independent School I)intrict, v. Ilnrria County Apprainal Oint.rict and iinr(in County Apprninni Re� view 13nnrd, 731 S.W.2d 628 (Tex.App.—llounton 1987, writ rend n.r.e.). 2t)8 6 lone Star Gas Company B. 1. TMOGMARTIN District Manager 319 West Oak Street • Denton, Texas 76201 January 4, 1990 Mr. John Hamilton, City Manager City of Sanger P. 0. Box 578 Sanger, TX 76266 Re: Quality of Service Rules Dear Mr. Hamilton: Please find enclosed for filing with the City of Sanger Revision Number 4 of Lone Star Gas Company's General Rules and Regulations for Residential and Commercial Service in the incorporated areas of the State of Texas, with an issue date of December 15, 1989. In Revision Number 4, Lone Star amends a portion of the Rules dealing with refusal to serve a customer in order to more clearly state the rights and responsibilities of both the Company and the customer with respect to situations wherein gas service is being requested at an address where gas service has been terminated or a large past due bill is owing. Experience has shown that oftentimes a person who is indebted to Lone Star for failure to pay his gas bill will seek to reestablish service under a fictitious name, or find someone to call the Company and request service under a different name, in order to get the service reinstated without paying the All. This is evasion or avoidance of the utility bill and, of course, cannot be condoned by the Company. Such avoidance is in fact harmful to the other customers of Lone Star who, unfortunately, must pay for the bad debts of those who abuse the system. Revised Rule 2.05(c) (6) establishes a more explicit procedure for handling these circumstances so that the rights and responsibilities of everyone involved are clearly spelled out. The amendment clarifies Lone Star's authority to request documentation of the new applicant's right to occupy the premises and to establish that he is not the same person who is indebted to ,one Star. Lone Star is entitled to withhold service to the applicant until the required information is furnished to Lone Star at its office nearest to the applicant. Otherwise, Lone Star must initiate the service unless substantial evidence is obtained by the Company that the new applicant is attempting to avoid or evade payment of the utility bill. Yours tru y B. J. Thogmartin BJT: j er Enclosure PREFACE These rules shall be given a fair and impartial construction, and shall be applied uniformly without regard to race, color, creed, sex, marital status, or age of the utility customer. The following rules and regulations are subject to modification and interpretation in accordance with the laws of the State of Texas, valid municipal ordinances (including franchises and rate ordinances), valid final orders of any court or of the Railroad Commission of Texas, or any other state or federal authority having or asserting jurisdiction over the subject matter hereof. If any provision of these rules is held invalid, such invalidity shall not affect other provisions or application of these rules which can be given effect without the invalid provision or application, and to this end, the provisions of these rules are declared to be severable. The use of gas service shall constitute an agreement by the utility customer to utilize such service in accordance with the rules of the Company as set forth herein. These rules and all subsequently enacted rules, may be abrogated, modified, or added to, in whole or in part, by the Company, and such rules as abrogated, modified, or added to, shall become effective when filed with the appropriate regulatory authority. REVISION NUMBER 4 ISSUED December 15, 1989 LONE STAR GAS COMPANY GENERAL RULES AND REGULATIONS FOR RESIDENTIAL AND IN THE CITY OF STATE COMMERCIAL SERVICE BANGER OF TEXAS Continuity of Service 1.01 Service Interruptions The Company shall make all reasonable efforts to prevent interruptions of service. When interruptions occur, the Company shall re-establish service within the shortest possible time consistent with prudent operating principles so that the smallest number of customers are affected. The Company shall make reasonable provisions to meet emergencies resulting from failure of service and shall issue instructions to its employees covering procedures to be followed in the event of emergency in order to prevent or mitigate interruption or impairment of service. In the event of national emergency or local disaster resulting in disruption of normal service, the Company may, in the public interest, interrupt service to other customers to provide necessary service to civil defense or other emergency service agencies on a temporary basis until normal service to these agencies can be restored. 1.02 Record of Interruption Except for momentary interruptions which do not cause a major disruption of service, the Company shall keep a complete record of all interruptions, both emergency and scheduled. This record shall show the cause for interruptions, date, time, duration, location, approximate number of customers affected, and, in cases of emergency interruptions, the remedy and steps taken to prevent recurrence. REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 1 V 1.03 Report to Regulatory Authority The appropriate regulatory authority shall be notified in writing within forty-eight (48) hours of interruptions in service affecting the entire system or any major division thereof lasting more than four hours. The notice shall also state the cause of such interruptions. If any service interruption is reported to the regulatory authority otherwise (for example, as*a curtailment report or safety report) such other report is sufficient to comply with the terms of this paragraph. 1.04 Damages Caused by Service Interruptions Company shall not be liable for damages caused by interruptions or fluctuations in service caused by acts of God or the public enemy, strikes, riots, diminutions or failure of supply of gas, or, without limitation by enumeration herein, other events and contingencies which could not in ordinary course of commercial, prudent management have been foreseen or prevented by Company. Customer Relations "Customer, Consumer and Applicant" are used interchangeably throughout these rules and means a person or organization utilizing services or who wants to utilize the services of Lone Star Gas Company. 2.01 Information to Customers The Company shall: (1) Maintain a current set of maps showing the physical locations of its facilities. All distribution facilities shall be labeled to indicate the size or any pertinent information which will accurately describe the Company's facilities. These maps, or such other maps as may be required by the regulatory authority, shall be kept by the Company in a central location and will be available for regulatory authority inspection during normal working hours. Each business office or service center shall have available up-to-date maps, plans, or records of its immediate area, with such other information as may be necessary to advise applicants and others entitled to the information as to the facilities available for serving that locality; REVISION NUMBER ISSUED December PAGE 2 4 15, 1989 (2) Assist the customer or applicant in selecting the most economical rate schedule, (3) In compliance with applicable law or regulations, notify customers affected by a change in rates or schedule of classification, (4) Post a notice in a conspicuous place in each business office of the Company where applications for service are received informing the public that copies of the current rate schedules and rules relating to the service of the Company, as filed with the regulatory authority, are available for inspection, (5) Upon request, inform its customers as to the method of reading meters. (6) Provide to new customers, at the time service is initiated, a pamphlet or information packet containing the following information. This information shall be provided in English and Spanish to adequately inform the customers; provided, however, the regulatory authority, upon application and a showing of good cause, may exempt the Company from the requirement that the information be provided in Spanish. (i) The customer's right to information concerning rates and services and the customer's right to inspect or obtain, at reproduction cost, a copy of the applicable tariffs and service rules, (ii) The customer's right to have his or her meter checked without charge under 2.09 of this rule (relating to meters), if applicable, (iii) The time allowed to pay outstanding bills; (iv) Grounds for termination of service, (v) The steps the Company must take before terminating service, (vi) How the customer can resolve billing disputes with the Company and how disputes and health emergencies may affect termination of service; (vii) Information on alternative payment plans offered by the Company, (viii) The steps necessary to have service reconnected after involuntary termination, REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 3 (ix) The appropriate regulatory authority with whom to register a complaint and how to contact such authority; (x) The hours, addresses, and telephone numbers of Company offices where bills may be paid and information may be obtained, and (xi) The customer's right to be instructed by the Company how to read his or her meter. ('7) At least once each calendar year, notify customers that information is available upon request, at no charge to the customer, concerning the items listed in Paragraph (6)(1-xi) of this subsection. This notice may be accomplished by use of a billing insert or a printed statement upon the bill itself. 2.02 Customer Complaints Upon complaint to the Company by residential or small commercial customers either at its office, by letter, or by telephone, the Company shall promptly make a suitable investigation and advise the complainant of the results thereof. It shall keep a record of all complaints which shall show the name and address of the complainant, the date and nature of the complaint, and the adjustment or disposition thereof for a period of one (1) year subsequent to the final disposition of the complaint. 2.03 Company Response Upon receipt of a complaint, either by letter or by telephone, from any regulatory authority on behalf of a customer, the Company shall make a suitable investigation and advise the regulatory authority and complainant of the results thereof. An initial response must be made by the next working day. The utility must make a final and complete response within fifteen (15) days from the date of the complaint, unless additional time is granted within the fifteen (15) day period. All customer complaints shall be encouraged to be made in writing to assist in maintaining records on the quality of service of the Company, however, telephone communications will be acceptable. 2.04 Deferred Payment Plan The Company may, but is not required to, offer a deferred payment plan for delinquent residential accounts. If REVISION NUMBER ISSUED December PAGE 4 4 15, 1989 such a plan guidelines: is offered, it shall conform to the following Every deferred payment plan entered into due to the customer's inability to pay the outstanding bill in full must provide that service will not be discontinued if the customer pays current bills and a reasonable amount of the outstanding bill and agrees to pay the balance in reasonable installments until the bill is paid. For purposes of determining reasonableness under these rules, the following shall be considered: (i) Size of the delinquent account; Customer's ability to pay, (iii) Customer's payment history; (iv) Time that the debt has been outstanding, (v) Reasons why debt has been outstanding, and (vi) Any other relevant factors concerning the circumstances of the customer. A deferred payment plan, if reduced to writing, shall state immediately preceding the space provided for the customer's signature and in bold -face print at least two sizes larger than any other used, that "If you are not satisfied with this agreement, do not sign. If you are satisfied with this agreement, you give up your right to dispute the amount due under the agreement except for the utility's failure or refusal to comply with the terms of this agreement." A deferred payment plan may include a one time five percent (5%) penalty for late payment on the original amount of the outstanding bill with no prompt payment discount allowed except in cases where the outstanding bill is unusually high as a result of the Company's error (such as an inaccurate estimated bill or an incorrectly read meter). A deferred payment plan shall not include a finance charge. If a customer for utility service has not fulfilled terms of a deferred payment agreement or refuses to sign the same if it is reduced to writing, the Company shall have the right to disconnect pursuant to disconnection rules herein; and, under such circumstances, it shall not be required to offer a REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 5 subsequent negotiation of a deferred payment agreement prior to disconnection. The Company shall not refuse a customer participation in a deferred payment plan on the basis of race, color, creed, sex, marital status, age, or any other form of discrimination as prohibited by law. 2.05 Refusal of Service , A. Compliance by Applicant The Company may decline to service an applicant for whom service is available from previously installed facilities until such applicant has complied with the state and municipal regulations and approved rules and regulations of the Company on file with the regulatory authority governing the service applied for or for the following reasons: (1) Applicant's facilities inadequate. If the applicant's installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given, or (2) For indebtedness. If the applicant is indebted to any utility for the same kind of service as that applied for, provided, however, that in the event the indebtedness of the applicant for service is in dispute, the applicant shall be served upon complying with the applicable deposit requirement; or (3) Refusal to make deposit. For refusal to make a deposit if applicant is required to make a deposit under these rules. B. Applicant's Recourse In the event that the Company shall refuse to serve an applicant under the provisions of these rules, the Company must inform the applicant of the basis of its refusal and that the applicant may file a complaint with the municipal regulatory authority or Commission, whichever is appropriate. REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 6 V C. Insufficient Grounds for Refusal to Serve The following shall not constitute sufficient cause for refusal of service to a present residential or commercial customer or applicant: (1) Delinquency in payment for service by a previous occupant of the premises to be served; (2) Failure to pay for merchandise or charges for nonutility service purchased from the Company, (3) Failure to pay a bill to correct previous underbilling due to misapplication of rates more than six (6) months prior to the date of application; (4) Violation of the Company's rules pertaining to operation of nonstandard equipment or unauthorized attachments which interfere with the service of others unless the customer has first been notified and been afforded reasonable opportunity to comply with said rules, (5) Failure to pay a bill of another customer as guarantor thereof unless the guarantee was made in writing to the Company as a condition precedent to service; and (6) Failure to pay the bill of another customer at the same address except where the change of customer identity is made to avoid or evade payment of a utility bill. Before service is initiated, the Company shall require an applicant to establish that he is not the same person who owes the debt to the Company for service at the address and that said person no longer is an occupant of the premises if one of the following conditions exists: (1) Service has been disconnected at the address within the preceding thirty (30) days, or a longer period of time after March 31 and before October 31 of each year, and there is a debt owing to the Company for non-payment of service at said address, REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 7 (2) A large past due bill is owing at said address although service has not yet been terminated, or (3) Service has been terminated at said address because the utility's meter or equipment has been bypassed or tampered with. The Company is entitled to withhold service to the applicant at said address until the required information is furnished to the Company at its office located nearest the applicant. If the application is made on or after October 31 and before April_ 1 and more than thirty (30) days after disconnection of service, the Company must initiate service unless it obtains substantial evidence that the applicant is the customer who owes the debt to the Company or that the change of customer identity is being made to avoid or evade the debt. If service is initiated, the Company may terminate service at anytime it acquires the evidence necessary to refuse service. 2.06 Discontinuance of Service A. The due date of the bill for utility service shall not be less than fifteen (15) days after issuance or such other period of time as may be provided by order of the regulatory authority. A bill for utility service is delinquent if unpaid by the due date. B. The Company may offer an inducement for prompt payment of bills by allowing a discount in the amount of five percent (5%) for payment of bills within ten (10) days after their issuance. This provision shall not apply where it conflicts with existing orders or ordinances of the appropriate regulatory authority. C. A customer's utility service may be disconnected if the bill has not been paid or a deferred payment agreement pursuant to 2.04 above has not been entered into within five (5) working days after the bill has become delinquent and proper notice has been given. Proper notice consists of a deposit in the United States mail, postage prepaid, or hand REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 0 delivery to the customer at least five (5) working days prior to the stated date of disconnection, with the words "Termination Notice" or similar language prominently displayed on the notice. The notice shall be provided in English and Spanish as necessary to adequately inform the customer, and shall include the date of termination, the hours, address, and telephone number where payment may be made, and a statement, that if a health or other emergency exists, the Company may be contacted concerning the nature of the emergency and the relief available, if any, to meet such emergency. D. Utility service may be disconnected for any of the following reasons. (1) Failure to pay a delinquent account, regardless of the amount of customer's security deposit, or failure to comply with the terms of a deferred payment plan for installment payment of a delinquent account, (2) Violation of the Company's rules pertaining to the use of service in a manner which interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation; (3) Failure to comply with deposit or guarantee arrangements where required by Section 2.07 of these rules, (1) Without notice where a known dangerous condition exists for as long as the condition exists; (5) Tampering with the Company's meter or equipment or bypassing the same; (6) Failure or refusal of consumer to repair or replace or to have repaired or replaced any of consumer's piping, appliances, or equipment when notified by Company of their hazardous condition. (7) Fraudulent representation relating to the consumption of gas; REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 9 05� (8) For selling, delivering to or furnishing gas or gas service, without written permission from Company, to other persons either on or off consumer's premises, and (9) For using gas for purposes other than as represented. E. Utility service may not be disconnected for any of the following reasons. (1) Delinquency in payment for service by a previous occupant of the premises; (2j Failure to pay for merchandise or charges for nonutility service provided by the Company; (3) Failure to pay for a different type or class of utility service unless fee for such service is is on the same bill, (4) Failure to pay the account of another customer as guarantor thereof, unless the Company has in writing the guarantee as a condition precedent to service, (5) Failure to pay charges arising from an underbilling occurring due to any misapplication of rates more than six (6) months prior to the current billing, (6) Failure to pay charges arising from an underbilling due to any faulty metering, unless the meter has been tampered with or unless such underbilling charges are due; (7) Failure to pay bill rendered reading plan, read the meter control. Unless a dangerous customer requests be disconnected o preceding a day, w not available to making collections REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 10 an estimated bill other than a pursuant to an approved meter unless the Company is unable to due to circumstances beyond its condition exists, or unless the disconnection, service shall not n a day, or on a day immediately hen personnel of the Company are the public for the purpose of and reconnecting service. The Company may not abandon a customer without written approval from the regulatory authority. Gas service shall automatically terminate upon written approval from the regulatory authority for removal or abandonment by Company of the portion of its system or plant from which customer is served. (F) The Company shall not discontinue service to a delinquent residential customer' permanently residing in an in metered dwelling unit when that customer establishes that discontinuance of service will result in some person residing at that residence becoming seriously ill or more seriously ill if the service is discontinued. Any customer seeking to avoid termination of service under this section must make a written request supported by a written statement from a licensed physician. Both the request and the statement must be received by the Company not more than five (5) working days after the date of delinquency of the bill. The prohibition against service termination provided by this section shall last twenty (20) days from the date of receipt by the Company of the request and statement or such lesser period as may be agreed upon by the Company and the customer. The customer who makes such request shall sign an installment agreement which provides for payment of such service along with timely payments for subsequent monthly billings. 2.07 Applicant Deposit A. Establishment of Credit for Residential Applicants The Company may require a residential applicant for service to satisfactorily establish credit, but such establishment of credit shall not relieve the customer from complying with rules for prompt payment of bills. Subject to these rules, a residential applicant shall not be required to make a deposit: (1) If the residential applicant has been a customer of any utility for the same kind of service within the last two (2) years and is not delinquent in payment of any such utility service account and during the last twelve (12 ) consecutive months of service did not have more REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 11 than one occasion in which a bill for such utility service was paid after becoming delinquent and never had service disconnected for nonpayment, or (2) If the residential applicant furnishes in writing a satisfactory guarantee to secure payment of bills for the service required, or (3) Zf the residential appl„i.cant furnishes in writing a satisfactory credit rating by appropriate means including, but not limited to, the production of generally acceptable credit cards, letters of credit reference, the names of credit references which may be quickly and inexpensively contacted by the Company, or ownership of substantial equity. B. Re-establishment of Credit Every applicant who has previously been a customer of the Company and whose service has been discontinued for nonpayment of bills shall be required before service is rendered to pay all amounts due the Company or execute a written deferred payment agreement, if offered, and re- establish credit as provided in Section 2.07-A above. In case of discontinuance of service for nonpayment of bills or any violation of or non- compliance with any rule or regulation of Company, customer shall pay Company a reconnect charge in advance for re-establishing gas service on customer's premises. C. Amount of Deposit and Interest for Residential Service and Exemption from Deposit (1) The required deposit shall not exceed an amount equivalent to one -sixth (1/6th) of the estimated annual billings. If actual use is at least twice the amount of the estimated billings, a new deposit requirement may be calculated and an additional deposit may be required within two (2) days. If such additional deposit is not made, the Company may disconnect service under the standard disconnection procedure for failure to comply with deposit requirements. REVISION NUMBER 4 ISSUED December 15, i989 PAGE 12 OJT (2) All applicants for residential service who are sixty-five (65) years of age or older will be considered as having established credit if such applicant does not have an outstanding account balance with the Company or another utility for the same utility service which accrued within the last two (2) years. No cash deposit shall be required of such applicant under these conditions. The Company would prefer that applicants for residential service who are sixty-five (65) years of age or older provide evidence to the Company of their age. (3) The Company shall pay a minimum interest on such deposits required to be made by its customers according to the rate as established by law. If refund of deposit is made within thirty (30) days of receipt of deposit, no interest payment is required. If the Company retains the deposit more than thirty (30) days, payment of interest shall be made retroactive to the date of deposit. (i) Payment of the interest to the customer shall be annually or at the time the deposit is returned or credited to the customer's account. (ii) The deposit shall cease to draw interest on the date it is returned or credited to the customer's account. D. Deposits for Temporary or Seasonal Service and for Weekend or Seasonal Residences The Company may require a deposit sufficient to reasonably protect it against the assumed risk, provided such a policy is applied in a uniform and nondiscriminatory manner. E. Records of Deposits (1) The Company shall keep records to show: (1) The name and address of each depositor; (ii) The amount and date of the deposit; and (iii) Each transaction concerning the deposit. (2) The Company shall issue a receipt of deposit to each applicant from whom a deposit is REVISION NUMBER 4 ISSUED December 15, 1989 -- PAGE 13 Q received and shall provide means whereby a depositor may establish claim if the receipt is lost. (3) A record of each unclaimed deposit must be maintained for at least four (4) years, during which time the Company shall make a reasonable effort to return the deposit. F. Refund of Deposit (1) If service is not connected or after disconnection of service, the Company shall promptly and automatically refund the customer's deposit plus accrued interest or the balance, if any, in excess of the unpaid bills for service furnished. The transfer of service from one premise to another within the service area of the Company shall not be deemed a disconnection within the meaning of these rules, and no additional deposit may be demanded unless permitted by these rules. (2) When the residential customer has paid bills for service for twelve (12) consecutive residential billings without having service disconnected for nonpayment of bills and without having more than two occasions in which a bill was delinquent, and when the customer is not delinquent in the payment of the current bills, the Company shall promptly and automatically refund the deposit plus accrued interest to the customer in the form of cash or credit to a customer's bill. G. Upon Sale or Transfer of Company Upon the sale or transfer of the Company or operating units thereof, the Company shall file with the regulatory authority under oath, in addition to other information, a list showing the names and addresses of all customers served by the Company or unit who have to their credit a deposit, the date such deposit was made, the amount thereof and the unpaid interest thereon. REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 14 O�LI H. Complaint by Applicant or Customer The Company shall direct its personnel engaged in initial contact with an applicant or customer for service seeking to establish or re-establish credit under the provisions of these rules to inform the customer, if dissatisfaction is expressed with the Company's decision, of the customer's right to file a complaint with the regulatory authority thereon. 2.08 Billing A. Bills for gas service shall be rendered monthly, unless otherwise authorized or unless service is rendered for a period less than a month. Bills shall be rendered as promptly as possible following the reading of meters. B. The customer's bill must show all the following information. (1) If the meter is read by the Company, the date and reading of the meter at the beginning and end of the period for which rendered; (2) The number and kind of units billed; (3) The applicable rate schedule title or code; (4) The total base bill; (5) The total of any adjustments to the base bill and the amount of adjustments per billing unit; (6) The date by which the customer must pay the bill to get prompt payment discount; (7) The total amount due before and after any discount for prompt payment within a designated period, and (8) A distinct marking to identify an estimated bill. The information required above shall be arranged and displayed in such a manner as to allow the customer to compute his bill with the applicable rate schedule. The applicable rate schedule must REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 15 a�� be mailed to the customer on request of the customer. The Company may exhaust its present stock of non -conforming bill forms before compliance is required with this section. C. Where there is a good reason for bills may be submitted provided reading is taken at least every the second consecutive month reader is unable to gain access read the meter on regular mete in months where meters are not Company shall provide the custc and request that the customer return the card to the Company a type that can be read by t] significant inconvenience or equipment. If such a postcard the Company in time for billing, estimate the meter reading a� accordingly. D. Disputed bills doing so, estimated that an actual meter six (6) months. For in which the meter to the premises to r reading trips, or read otherwise, the Amer with a postcard read the meter and if the meter is of (1) In the event of a dispute between the customer and the Company regarding the bill, the Company must forthwith make such investigation as is required by the particular case and report the results thereof to the customer. If the customer wishes to obtain the benefits of subsection (2) hereunder, notification of the dispute must be given to the Company prior to the date the bill becomes delinquent. In the event the dispute is not resolved, the Company shall inform the customer of the complaint procedures of the appropriate regulatory authority. (2) Notwithstanding any other subsection of this section, the customer shall not be required to pay the disputed portion of the bill which exceeds the amount of that customer's average usage for the billing period at current rates until the earlier of the following: resolution of the dispute or the expiration of the 60- day period beginning on the day the disputed bill is issued. For purposes of this section only, the customer's average usage for the billing period shall be the average of the REVISION NUMBER 4 ISSUED December 25, 1989 PAGE 16 customer's usage for the same billing period during the preceding two years. Where no previous usage history exists, the average usage shall be estimated on the basis of usage levels of similar customers and under similar conditions. 2.09 Meters A. Meter requirements (1) Use of Meter. All gas sold by the Company shall be charged for by meter measurements, except where otherwise provided for by applicable laws, regulation of the regulatory authority, or tariff. (2) Installation by the Company. Unless otherwise authorized by the regulatory authority, the Company shall provide and install and will continue to own and maintain all meters necessary for measurement of gas delivered to its customers. (3) Standard type. The Company shall not furnish, set up, or put in use any meter which is not reliable and of a standard type which meets generally accepted industry standards, provided, however, special meters not necessarily conforming to such standard types may be used for investigation, testing, or experimental purposes. B. Meter records The Company shall keep the following records: (1) Meter equipment records. The Company shall keep a record of all its meters, showing the customer's address and date of the last test. (2) Records of meter tests. All meter tests must be properly referenced to the meter record provided for therein. The record of each test made on request of a customer must show the identifying number and constants of the meter, the standard meter and other measuring devices used, the date and kind of test made, by whom made, the error (or percentage of accuracy) at REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 17 each load tested, and verification of all C. Meter readings sufficient data to permit calculations. (1) Meter unit location. In general, each meter must indicate clearly the units of service for which charge is made to the customer. D. Meter tests on request of customer (1) The Company shall, upon request of a customer, make a test of the accuracy of the meter serving that customer. The Company shall inform the customer of the time and place of the test and permit the customer or his authorized representative to be present if the customer so desires. If no such test has been performed within the previous four (4) years for the same customer at the same location, the test shall be performed without charge. If such a test has been performed for the same customer at the same location within the previous four (4) years, the Company may charge a fee for the test, not to exceed Fifteen Dollars ($.5.00), or such other fee for the testing of meters as may be set forth in the Company's tariff properly on file with the regulatory authority. The customer must be properly informed of the result of any test on a meter that serves him. (2) Notwithstanding Paragraph (1) above, if the meter is found to be more than nominally defective, to either the customer's or the Company's disadvantage, any fee charged for a meter test must be refunded to the customer. More than nominally defective means a deviation of more than two percent (2%) from accurate registration. E. Bill Adjustments due to meter error (1) If any meter test, requested by a customer, reveals a meter to be more than nominally defective, the Company shall correct previous readings consistent with the inaccuracy found in the meter for the period of either. REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 18 (i) the last six (6) months, or (ii) the last test of the meter, whichever is shorter. Any resulting underbillings or overbillings are to be corrected in subsequent bills, unless service is terminated, in which event a monetary adjustment is to be made. This requirement for a correction may be foregone by the Company if the error is to the Company's disadvantage. (2) If a meter is found not to register for any period of time, the Company may make a charge for units used but not metered for a period not to exceed three (3) months previous to the time the meter is found not to be registering. The determination of amounts used but not metered is to be based on consumption during other like periods by the same customer at the same location when available, and on consumption under similar conditions at the same location or of other similarly situated customers when not available. 2.10 New construction A. Standards of construction The Company shall construct, install, operate, and maintain its plant, structures, equipment, and lines in accordance with the provisions of such codes and standards as are generally accepted by the industry, as modified by rule or regulation of the regulatory authority, or otherwise by law, and in such manner to best accommodate the public and to prevent interference with service furnished by other public utilities insofar as practical. B. Line extension and construction charges The Company shall file its extension policy. This policy must be consistent, non-discriminatory, and is subject to the approval of the regulatory authority. No contribution in aid of construction may be required of any customer except as provided for in the extension policy. Company shall not be obligated to supply gas to consumer if to do so requires a main extension in excess of what Company REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 19 is required to lay under its rules, regulations and policies, unless and until consumer and Company execute a special form of contract for such main extension. C. Response to request for residential and commercial service The Company shall serve each qualified residential and commercial applicant for service within its service area as rapidly as practical. As a general policy, those applications not involving line extensions or new facilities should be filled within seven (7) working days. Those applications for individual residential service requiring line extensions should be filled within ninety (90) days unless unavailability of materials or other causes beyond the control of Company result in unavoidable delays. In the event that residential service is delayed in excess of ninety (90) days after an applicant has met credit requirements and made satisfactory arrangements for payment of any required construction charges, a report must be made to the regulatory authority listing the name of the applicant, location, and cause for delay. Unless such delays are due to causes which are reasonably beyond the control of Company, a delay in excess of ninety (90) days may be found to constitute a refusal to serve. 2.11 Liability of Consumer Consumer shall be held responsible to indemnify Company against injury to or loss of Company owned property and equipment while it is on Consumer's premises, proximately rising out of or caused by the negligence, carelessness or willful act of consumer or his servants, agents, employees, or any member of his household, or any person or persons upon his premises by authority of his consent or sufferance. 2.12 Application for Service and Requests for Discontinuance Company shall have the right to require written application for gas service and written notice requesting discontinuance of gas service. Consumer be held responsible for all gas consumed until REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 20 written notice to discontinue gas service is received by Company and final reading of meter shall have been made, for which purpose forty-eight (48) hours shall be allowed. 2.13 Escaping Gas No open light shall be taken near any escaping gas; and Consumer must shut off the gas at the house service or meter cock when ?leakage of gas is discovered. Company shall not be responsible for any damage or loss due to the escape of gas from or in Consumer's piping, appliances or equipment. Consumer must give Company notice, at its main or district office, immediately upon the discovery of escaping gas. Company shall not be liable for damages resulting from or growing out of defective appliances and equipment belonging to Consumer or the leakage of gas from or incomplete combustion of gas by Consumer's appliances. 2.14 Access to Consumer's premises Company shall have access to its property and equipment located upon Consumer's premises at all reasonable times for any purposes connected with or in furtherance of its business operations, and may remove such property from Consumer's premises. But Company shall be under no duty or obligation to inspect, maintain or repair the pipes, equipment or facilities of Consumer and shall not be liable for damages thereto or arising therefrom. REVISION NUMBER 4 ISSUED December 15, 1989 PAGE 21 06 01 i Am10 Tuesday, 'December 26, 1989 543 Dallas Times Herald inns fne forspeedingreduced.--- rl to $1,050 �ssociarEo PRESS come based on gross annual won't doubt it," said Antti Kivela, I. earnings. The number of 'day duty officer at the Helsinki Traf- ,; HELSINKI, Finland — A 41- fines an offender is given is de fie Police Department. year -old businessman fought for There has to be termined by the severity of the "Obviously, when someone four months to get his $11,400 , offense. Rooth was given 27' day- who drives a big BMW says he speeding fine reduced to $1,050, some kind. of limit. fines for his high-speed driving, doesn't have a source of income iut he still says Finland's tradi- Police admit the day -fine sys- we are going to. suspect some- Donal system of punishment Rainer Rooth tem has flaws. thing - that guy was asking for Lased on a person's wealth is fair. "Sure, 'we know that most of it," Kivela said of Rooth. J� Police in August nabbed Rai- those we `stop in a speed trap -lie Kivela said that the average tier Rooth for driving his BMW with legal costs included. about their pay, but we can't speeding fine around Helsinki is �15 mph in a 50 mph zone, and The "day -fine" is at most one- check them all. But mostly, if from $120 to $240, but $1,000. lax authorities set the $11,400 third of an offender's daily in. they make it credible enough, we fines were not uncommon. fine based on his 1987 income. Penalties for exceeding the. speed limit by more than 10 mph :re based on what the offender ,*lays is his annual income. The I ninimum is $5 i I _ �= The principle of paying fines �� %ceording to earnings has, been round for years, -and Finns 'say the fine is the fairest way to_.purt �-;-- / SC�,O dish offenders. Even Rooth, who eloc t / / `ue. smay have received the highest �"ine on record, doesn't argue �-- +lvith it ' i�� "I think the system is just, but :there has to be some kind of lim- 2t," said Rooth, who built a tour- st attraction based on the Wild *West. When ticketed, Rooth told po- 2ice he was getting no income irom his business, which was eavily in debt. The case went to the tax au horities, who ruled that Rooth's arnings in 1987 was roughly 300,000 and set the fine at i 11,400. Rooth protested, and the +ease was twice adjourned. ;; "I didn't earn that kind of :tnoney when the offense oc- s urred," Rooth said in an inter- wview. On Wednesday, the court re- *duced the fine to $1,050, Rooth :estimated he paid at least $3,000 l LEGAL COMMENTARY. � � � - - � � � Like a princess fated to sleep until kissed by the proper prince, the Safe Drinking Water Act (SDWA) slumbered virtually unnoticed for 12 years after its enactment in 1974. The reasons for this are relatively simple to discern. Not only did EPA issue drink- ing water standards with sloth -like speed, but the Act's limited civil pen- alty provisions (maximum $5,000/day per violation combined with the bur- densome requiremP_n_t that a violation be "willful") inhibited all but the most ardent enforcers. In 1986, however, Congress at- tempted to resuscitate the Act by strengthening many of its require- ments, including the enforcement pro- visions. Violators now may be subject to civil penalties of up to $25,000/day and the infractions no longer need to be "willful" to be actionable by federal enforcement authorities. More impor- tantly, EPA is now authorized to issue administrative compliance orders that include penalties, rather than having to engage in lengthy court battles. Nevertheless, it took the entry of a determined "prince," in the form of the new EPA Administrator, William K. Reilly, to encourage this sleeping statute to awaken to its full enforce- ment potential. On April 19, 1989, Reilly issued a memorandum to all EPA regional administrators express- ing his personal commitment to a strong compliance and enforcement program under the Safe Drinking Wa- ter Act and asking them to take im- mediate action to improve enforcement. The Administrator's memorandum Legal Commentary is written by Roger Truitt, an environ- mental attorney with the Washington, D.C. law firm of Sch- meltzer, Aptaker & Sheppard, P.C. Mr. Truitt was assisted in the preparation of this article by Debo- rah Ann Kline, an associate with Sch- meltzer, Aptaker &Sheppard, P.C. was a direct response to criticisms of poor enforcement performance from the National Wildlife Federation and EPA's own Inspector General. Last December, the National Wildlife Fed- eration filed a notice of intent to sue EPA for its "virtually nonexistent" SDWA enforcement program, despite large numbers of drinking -water Region V reportedly issued 98 administrative orders in �iay 1989 compared to 64 in all of 1988. violations. Several months earlier, EPA's In- spector General had cited unchecked violations of the Act by non -commu- nity water suppliers, such as schools, restaurants, hotels and public -trans- portation facilities. The enforcement initiative triggered by Reilly's memorandum comes at a time when the regulatory requirements for drinking water are becoming more rigorous. At the same time, consumers are more sensitive than ever about the quality of their drinking water. In 1986 Congress directed EPA to set new drinking water standards for 83 previously unregulated contami- nants and to impose new monitoring and public -notification requirements on public water systems. Over 80,000 public water systems are affected by the new requirements and are the po- tential targets of the tougher enforce- ment provisions. In view of the new regulatory re- quirements, EPA expects widespread noncompliance problems, especially among smaller water -supply systems. More than 2,000 systems presently considered by EPA to be "significant noncompliant," or SNCs, will be the first facilities to feel the brunt of the Agency's new enforcement efforts. SNCs include those systems which have repeatedly (but not necessarily continuously) violated maximum con- taminant levels (MCLs) by a high margin and/or have failed to comply with monitoring requirements. EPA's enforcement initiative recog- nizes that the Agency cannot rely en- tirely on the states to enforce the Act, even though nearly all of the states have assumed primary responsibility for implementing and enforcing the requirements of the SDWA. While these state programs must be at least as stringent as the national drinking water standazds, they are still subject to federal oversight, including inter- vention by EPA against violators where states fail to take timely and appropriate enforcement action. In his April memorandum, Admin- istrator Reilly acknowledged serious funding problems experienced by the states in their efforts to implement the requirements of the Act. Some critics question whether the Agency itself has adequate resources to rouse its drinking water enforce- ment program from hibernation. But recent statistics indicate that Reilly's memorandum was the "kiss" that kick- started EPA's renewed compliance ef- forts. For example, Region V report- edly issued 98 administrative orders in May 1989, compared to 64 in all of 1988. Public water systems should not ig- nore EPA's new enforcement initia- tives. With its strengthened authority, EPA can make delayed compliance an expensive proposition. In a recent Cal- ifornia case, EPA assessed a $37,500 civil penalty for past violations against the Midway Heights County Water District and also obtained alegally- binding agreement from the utility to construct new treatment facilities. With the possibility of a lawsuit from the National Wildlife Federation still hanging over its head, EPA is attempt- ing to bring to life a previously ne- glected and underfunded SDWA en- forcement program. Although some may doubt how effective Reilly's new enforcement initiatives will be, this now -awakened princess must be reck- onedwith bythe regulated community. This�column is intended to apprise readers of generally applicable legal developments. Ac- cordingly, the material presented should not be applied to a specific fact situation without consulting an attorney. [7 " WATER/Engineering &Management, NOVEMBER 1989 r _ �4 �INC) C ity of cSomepLace c5peOOL January 5, 1990 Mr. David Cooper & Mr. Benny Johnson Frontier Waste Management P. 0. Box 758 Sanger, Texas 76266 Dear Mr. Johnson & Mr. Cooper: Realizing that Thursday, January 4, 1990, was your second day of full service solid waste collection under our contract, I am still obligated to report several telephone complaints City Hall received -regarding the time residential trash collection is completed. Under the terms of the contract this should have been completed city wide by 3:30 p.m. I spoke with your office_ after 4 p.m. and the routes had not been completed. Please consider this letter a reminder and nothing more. I know as your crews become familiar with the various routes that the solid waste service will be accomplished in a professional and timely manner. Sincerely, u L John Hamilton City Manager JH:es 201 BOLIVAR ST. • P.O. BOX 578 • BANGER, TEXAS 76266 • 817-458-7930 �yc�&i %rAk LAW OFFICES OF HENRY, HATCHER, GRISHAM, SGHILLER SC HAVERKAMP A PROFESSIONAL CORPORATION P.O. BOX 279 - 109 WEST CALIFORNIA GAINESVILLE, TEXAS 76240 (817) 663-3441 TELEFAX (817) 665-2000 eTIDi J. HATCHER January 5, 1990 Mr. John Hamilton City Manager, City of Sanger P. O. Box 578 Sanger, TX 76266 RE: Paul Earheart Dear John: OF COUNSEL L.V. HENRY I would like this letter to express my gratitude to you for your consideration and cooperation in attempting to resolve the Earheart matter. I think you treated me with extreme courtesy and professionalism and I further feel that the Council also treated us with courtesy and professionalism, which I do appreciate and sometimes you don't see in a matter such as we were attempting to resolve. Again, I do appreciate yours and the Council's consideration of this matter and I know the decision that was made was not an easy one nor will it ever be. If I can be of any help or assistance to you or the Council in the future, please do not hesitate to call on us. Wishing you and yours a prosperous New Year, Yours truly, HENRY, HATCHER, GRI5HAM, SGHILLER & HAVERKAMP } Ji JJH/1 0� January 4, 1990 Mr. John Hamilton Page 2 XC: Ms. Nell Armstrong Mayor, City of Sanger P. O. Box 578 Sanger, TX 76266 Mr. Benny Erwin Chief of Police, City a ia•�tia • • � a• Number 1.1 - Prohibition of Outdoor Burning .WHEREAS, In accordance with provision of the Texas Disaster Act of 1975 and the Order of the Denton County Commissioners Court dated July 21, 1986, a state of disaster has been declared based on the imminent threat of disaster from wild dire; and WHEREAS, declaration of such a disaster authorizes the imposition of controls on activities which tend to increase the likelihood of such fires; BE IT THEREFORE ORDERED that the following emergency regulations are hereby established for all unincorporated areas of Denton County, Texas, for the dura- tion of the above -mentioned declaration: (1) Actions prohibited: A person violates this order if he burns any combustible material outside of an enclosure which serves to contain all flames and/or sparks, or orders such burning by others. ( 2 ) Enforcement. (a) Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. (b) As soon as possible a duly -commissioned peace officer shall be sent to themm to investigate the nature of the fire. (c) If, in the opinion of the officer on the scene and/or the fire chief, the goal of this order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party .about the provisions of this order and request compliance with it. In such instances, an entry of this notification shall be made in the dispatcher's log and a notice containing the date, time and place of the warning along with the name of the party receiving the warning shall be forwarded to the office of the County Judge. (4) At the discretion of the officer and/or the fire chief, second or flagrant violations of this order may be prosecuted in accordance with the statutes and procedures governing misde- meanors . BE IT ALSO ORDERED that this order may be enforced by any duly -commissioned peace officer and that the venue for prosecution of violations of this order will be the County Court of Denton County, Texas. BE IT ALSO ORDERED that the purpose of this order is the mitigation of the hazard posed by wild fires during the current hot, dry weather by curtailing the practice of outdoor during, which purpose is to be taken into account in any enforcement action based upon this order. ;tp1 IN WITNESS WHEREOF, I affix my signature this = day of January, 1990. Filed in the office of the Denton County Clerk Date: County Clerk n J Number 1 - Threat of Wild Fires WHEREAS, Denton County has not had any appreciable rainfall for an extended period, and WHEREAS, weather forecasters offer little promise of a change in these hot, dry conditions in the near future, and WHEREAS, these hot, dry conditions pose the threat of large, fast-moving wild fires; and WHEREAS, such fires have the potential of endangering lives and damaging property on a :aide scale, and WHEREAS, the Texas Disaster Act of 1975 and the Order of the Denton County Commissioners Court dated July 21, 1986, authorize declaration of a state of disaster "if the threat of disaster is imminent, and WHEREAS, the magnitude of the potential damage and the rapidity at which such a fire could escalate to major proportions constitute an imminent threat of disaster; and activities which tend to increase the likelihood of such fire, and WHEREAS, declaration of such a disaster authorizes the imposition of controls on activities which tend to increase the likelihood of such fires; and WHEREAS, such controls, once implemented, have the potential of protecting lives and property by mitigating the threat of dangerous fires; BE IT THEREFORE PROCLAIMED that I, Victor J. Burgess, County Judge, do hereby declare a state of disaster based on the threat of large wild fires in Denton County, Texas; and BE IT ALSO PROCLAIMED that this state of disaster will continue until rescinded in accordance with the above cited statute and order, but in no in- stance will this declaration continue for more than seven days without authoriza- tion by the Denton County Commissioners Court; BE IT ALSO PROCLrAIMED that this state of disaster is being declared solely for the purpose of implementing controls aimed at mitigating the hazard posed by wild fires during the current hot, dry weather. IN WITNESS WHEREOF, I affix my signature this _ � day of January, 1990. ry Filed in the office of the Denton County Clerk Date: County Clerk CITY OF SANGER P. 0. SOX 578 SANGER, TEXAS 76266 MEMURANDt�rh1 #434 T0: Honorable Mayor &Members of the City Council FROM: John Hamilton, City Manager DATE: January 15, 1990 SUEtJECT: Engineer's Report on Capital Improvements The attached engineer's report. is submitted for your• review. It addresses several issues facing the Council that do need consideration. OIlE-' itel][7 Of irTlnlediat.e Concern not addressed in this report is our wastewater t.reatlnem plant.. As you know our state permitted average maximum discharge allowance is 480,000 gallons. On the required report prepared by staff for submittal to the state on January 15, 1990, our average daily discharge was 518,000 gallons. We do know that we are adding residential customers and that does account for some of the increase. The developers of the proposed Willowood Addition, south of Wayne Drive, according to their engineer, will be bringing their final plat. to Council sometime in February. With this actual and potential growth it appears that in the near future we will have no option but to initiate plans, including financing options, to enlarge our wastewater treatment pla nS. After you have had time to review this report., at. the February 5th, Illeetilig we Iliiglit want to have the City Eligirieer discuss sol7ie oI• all tl�e topics addressed in the report. �rlE�riC� �434 1A UARY 15, 1990 ::'AGE l= ��rs .Y��s�ar ir�f'c�rr�rx�ti�n t�� list sip n7c�ntl� ��T�r��e c��il�p flc� r��c�r°tact tc� the stets fr orn the wastewater plant nre as follows, t�t� P�rrnit 400,000 �llc�ns c..il�t J�rna.�r� 15, 1990 - 510,000 Dec ernber 15, 1989 - 4 0 jOOO iovetywer 15., 1999 - 360,000 t ctt. ber 15, 1909 w 302,000 epternber 15, 1989 - 377,000 t ugust 15, 1939 - 28%00 3 �a. HUNTER aft ENGINEERS/PLANNERS/SURVEYORS 0. CLAYTON January 5, 1990 Mr. John Hamilton City Manager City of Sanger Sanger, Texas 76226 RE: 1990 Capital Improvements Dear Mr. Hamilton: RICHARD G. FAGIN, P.E. J. TRAVIS ROBERTS, JR., P.E. PAUL S. BOEDEKER, P.E. SAM C. MCKENZIE, JR., P.E. DAVID J. PREWETT, P.E. CHARLES W. SCHELER, P.E. RICHARD K. ST. JOHN, P.E. THOMAS W. STANG, P.E. CHARLES A. DAVIS, P.E. As requested, we have conducted a review of various items discussed in our last meeting. Our comments are as follows: 1. Status Report of 12" Water Line Crossing I.H. 35 as The topographic survey has been completed and a preliminary design has been prepared and reviewed by the Texas Department of Highways and Public Transportation (TDHPT). A final design should be completed and submitted to the TDHPT and the Health Department by the end of this month. After the project is reviewed and approved by both agencies, an advertisement for bid should be published. The approximate bid date is March 8, 19900 2. Street Proiects Due to I H 35 One -Way Ac A. Acker Street Extension from Elm Street to Bolivar Street Our research of the plat records indicate that the Acker Street right-of-way extends approximately 150 south of Elm Street. This is approximately half the distance to Bolivar Street. A review of the utility maps indicate that both water and sanitary sewer lines extend all the way from Elm Street to Bolivar Street. The presence of existing utilities may indicate that utility easements have already been obtained from the land owner. We understand that a pedestrian bridge is planned in the immediate area. Until we can review the construction plans and easements we cannot asses the impact of the bridge in relation to the Acker Street extension. Acker Street should be extended to Bolivar Street to facWlitate traffic movement once the I.H. 35 access roads become one-way. An easement will be required from the property owner prior to any further action. Mr. John Hamilton January 5, 1989 Page Two The cost to extend a 20 foot wide, 2 inch thick asphalt road with a 6 inch lime treated subgrade would be approximately $30-$40 per linear foot. B. Gateway Addition Our research of the plat records indicate that the Freese Drive right-of-way extends from Austin Street to Spur 138. The right-of-way appears to be 50 feet wide except for a portion along Gateway Addition, Section One which appears to be 25 feet wide. In order to extend Freese Drive southerly to Spur 138, a 25 foot easement'would be required from 7 lots in Gateway Addition, Section One to provide a minimum 50 foot right- of-way. Access to Freese Drive could be accomplished by extending David Drive southerly approximately 120 feet, thence easterly approximately 150 feet to Freese Drive. The extension of David Drive should be in accordance with the Future Land Use and Thoroughfare Plans. An easement would also be required from the property owner south of Gateway Addition prior to further action. The cost to extend David Drive as a 27 foot wide, 2 inch thick asphalt road with 24 inch concrete curb and gutter and a 6 inch lime treated subgrade would be approximately $60-$70 per linear foot. We are prepared to assist the City in the preparation of easement documents, construction plans, specifications, etc., if council decides to proceed with these projects. 3. Status Report on Willowood Addition We have reviewed the construction plans as submitted by Michael Cummings and will return them to his office with our comments and revisions. Mr. Cummings indicated the owner is ready to begin construction immediately after the final plat is approved by the City. They plan to construct Willowood in several phases. The City should contact the owner to verify the various phases and request a construction schedule for each phase. 4. ;rant Sources for Water Distribution Improvements for Industrial Park Loop We discussed a looped water line from the vicinity of Spur 138 and old Highway 77 southerly to the industrial park, thence easterly to the railroad, thence northerly to Wayne Drive. e 0 Mr. John Hamilton January 5, 1989 Page Three To our knowledge, the only grant funds available are through the Texas Capital Fund Program which are contingent upon new business and new jobs created within a community. Low interest loans are available through the Texas Water Development Board (TWDB) for treatment, transmission and storage (not distribution). The Texas Capital Fund Program provides both low interest loans and grants. The same criteria is used in evaluating grants and loans except for grants the business must provide at least twenty (20) new jobs and must commit to a 2 or 3-1 ,Hatch of grant funds. A maximum of $500,000 is available for a business that can provide up to 250 new jobs. If more than 250 jobs are provided, a maximum of $2000 per job is available. The funds are normally financed for five to ten years. The business must also demonstrate that they cannot get funding from any other sources and they must provide a written commitment to the City. The Program also recommends that a municipality hire a grant consultant (i.e. G.S.A.) to perform the tedious and complicated application process. 5. Existing Ground Storage Capacity As stated in the water system analysis report we prepared for the City in a letter dated May 11, 1989, the City requires an additional ground storage capacity of 146,000 gallons based upon a current population of 4200. At that time we also recommend the City construct a minimum 300,000 gallon storage tank. A more long term solution would be to construct a 500,000 gallon storage tank to provide sufficient capacity to approximately the year 2000. 6. Water Quality You mentioned some citizen concern about the possible increase in the mineral content of the City's drinking water. The City obtains its water supply from wells drawing from Trinity Sands. This formation characteristically produces water high in mineral content. Also, the wastewater department has indicated that the Ph appears to be increasing at the treatment plant. Arising Ph could indicate a higher sodium and chloride content at the plant. This could be coming from the City wells or from a sewer service dumping excessive sodium and/or chlorides. Mr. John Hamilton January 5, 1989 Page Four The drinking water system should have a chemical analysis performed each year according to the Texas Health Department. The City should review these records to determine if an increase in mineral content and Ph has occurred. The City should also review the records before and after the Acker Street well was put in service to determine its effect on the mineral and Ph content. The only way to reduce the mineral content of the well water is to construct treatment facilities to reduce unwanted minerals prior to distribution into the system. This would he far too costly for the City, especially considering the plan to obtain surface water from the Upper Trinity Municipal Water Authority (UTMWA). 7. Existing Well Capacity As stated in the water system analysis report previously mentioned, to meet the State Board of Insurance regulations the City requires an additional well capacity of 476 gallons per minute (gpm) based upon a population of 4200. The UTMWA water supply is scheduled to be available to Sanger by the Summer of 1993. If the City does not construct a new well, the existing wells will have to suffice for three more years. With the increased population to occur from Willowood Addition and other areas and considering the strains put on the water system in the summer months, the City can ensure ample water supplies until 1993 by constructing a well, pump station and ground storage tank. Without these improvements or with constructing only a new ground storage tank, we can only speculate as to the ability of the system to provide ample water through 1993. 8. Water Purchase from UTMWA Our calculations from the water system analysis previously mentioned indicate an estimated peak water demand of approximately 1.4 million gallons per day (MGD) in the year 1995. With all pumps operating, the City can provide 669,600 gallons per day (GPD). An additional 1.0 MGD purchase from UTMWA added to the existing pumping capacity would supply approximately 1.7 MGD to the City of Sanger. Based upon our population projections, an additional 1.0 MGD purchase of water added to the existing pumping capacity should provide enough water to last until 1997 when the City will be able to purchase additional water from UTMWA. 0 Mr. John Hamilton January 5, 1989 Page Five 9. Proposed Improvements and Cost Estimates The City has already committed funds on two projects. The estimated construction cost for the I.H. 35 12 inch water line is $24,000.00 and the estimated construction cost for the offsite sanitary sewer line and sewer oversize for the Willowood Addition is $94,000.00 Several options are available to the City in order to increase their water supply and storage in relation to the UTMWA water Implementation Plan. OPTION 1 , The UTMWA will require an air gap at the point of delivery to the Sanger system. This is normally obtained with a ground storage tank. A 500,000 gallon ground storage tank should be located on the east side of town near the proposed pipeline from the Denton water treatment plant. A 350 gpm well and 500 gpm pump station should also be constructed at the ground storage tank site. This should provide for immediate and future water demands. The well could supply the additional water required until the UTMWA water supply is available in 1993 and then act as an emergency supply or provide relief during future peak demands on the system. The 500 gpm pump station would be sized for the future connection from UTMWA. A 12 inch water line will also be required to connect the well and ground storage tank to the existing water system. The estimated construction costs are as follows: Description Cost Well (350 gpm) $175,000 Ground Storage (500 K Gal) 140,000 Pump Station (500 gpm) 40,000 12 Inch Water Line 140,000 $495,000 OPTION 2 This option is the same as Option 1 except a smaller ground storage tank and pump station is utilized. This will only provide sufficient ground storage until approximately 1995 and the pumps should be enlarged when the UTMWA water supply is connected. The estimated construction costs are as follows: Mr. John January Page Six Hamilton 5, 1989 Description Well (350 gem) Ground Storage (300 K Gal) Pump Station (300 gpm) 12 Inch Water Line OPTION 3 Cost $175,000 103,000 25,000 110,000 nnn $443I A short term solution would be .to construct a 300,000 gallon ground storage tank and 300 qpm pump station at the Acker Street elevated storage tank. This would also require a 12 inch water line to be constructed from the site to the proposed I.H. 35 12 inch water line and thence easterly to connect into the existing system. An additional ground storage tank and pump station will be required at the future UTMWA water supply location in 1993. The estimated construction costs at the Acker Street site are as follows. Description Cost Ground Storage (300 K Gal) $103,000 Pump Station (300 gpm) 25,000 12 Inch Water Line 62,000 $190,000 OPTION 4 Another short term solution that is not desireable but could be a possible alternative would be to construct a 200,000 gallon ground storage tank at the existing Cherry Street ground storage and well site. This could be connected to the existing pump station and wells. This option would require increased maintenance costs due to the age of the existing equipment it would be connected to. An additional ground storage tank and pump station will be required at the future UTMWA water supply location in 1993. The estimated construction costs at the Cherry Street site are as follows: Mr. John Hamilton January 5, 1989 Page Seven Description Ground Storage (200,000 K Gal) Connect to System 10. Cost Summary and Funding We understand the City currently has $200,00 utility improvements. These funds thould be additional funds gained through issuing a obligation (C.O.). ; Cost $80,000 5,000 $85,000 0 available for combined with certif i cat e of The additional funds required will depend on which option the City will choose. Each option is totalled�as follows: OPTION 1 Description Cost I.H. 35 12" Water Line $ 24,000 Willowood Sewer 94,000 Well (350 gpm) 175,000 Ground Storage (500 K Gal) 140,000 Pump Station (500 gpm) 40,000 12 Water Line 140,000 Subtotal $613,000 Engineering & Contingencies 87,000 Subtotal $700,000 Less Funds Available-200,000 Subtotal $500,000 C.O. Cost 20,000 Total $520,000 OPTION 2 Description Cost I.H. 35 12" Water Line $ 24,000 Willowood Sewer 94,000 Well (350 gpm) 175,000 Ground Storage (300 K Gal) 103,000 Pump Station (300 gpm) 25,000 12" Water Line 1401000 Subtotal $561,000 Engineering & Contingencies 79,000 Subtotal $640,000 Less Funds Available-200,000 Subtotal $440,000 C.O. Cost 181000 Total $458,000 Mr. John Hamilton January 5, 1989 Page Eight OPTION 3 Description I.H. 35 12" Water Line Willowood Sewer Ground Storage (300 K Gal) Pump Station (300 gpm) 12 Water Line Subtotal Engineering & Contingencies Subtotal Less Funds Available Subtotal C.O. Cost Total Description 12" Water Line Willowood Sewer Ground Storage (200 K Gal) Connect to System Subtotal Engineering & Contingencies Subtotal Less Funds Available Subtotal C.O. Cost Total Cost Summary OPTION 1 $520,000 OPTION 2 $458,000 OPTION 3 $156,000 OPTION 4 $ 31,000 Cost $ 24,000 94,000 103,000 25,000 62,000 $308,000 42,000 $350,000 -200,000 $150,000 6,000 $156,000 Cost $ 24,000 94,000 80,000 5,000 $203,000 27,000 $230,000 -200,000 $ 30,000 1,200 $ 31,200 These estimated construction costs do not include acquisition or legal costs. land The most cost effective alternative is Option 1. This would provide for the existing water demands and for the future connection of the UTMWA water supply in 1993. All other options would require additional ground storage and/or pumping ilable. facilities when the UTMWA water supply is ava Mr. John Hamilton January 5, 1989 Page Nine 110 Time Schedule If the City decides to proceed immediately, the following approximate time schedule could be expected for the work program. This would vary with the specific work undertaken. The construction of a water well could take as long as four months. Typical tank construction time is four to six months* Line Construction has a shorter time span depending on weather, location etc. Descri�ticin Land Acquisition Plans & Specifications Health Department Approval Bid & Award Construction Start Construction Complete Date Unknown March, 1990 April, 1990 May, 1990 June, 1990 September to December 1990 This concludes our report on the proposed 1990 Capital Improvements. If you have any questions, please call our office. Very truly yours, �-� Thomas W. TWS/wh Stang, P.E.