HomeMy WebLinkAbout2017-3889 - Ordinance - 05/25/2017 ORDINANCE NO. 2017-3889
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS, APPROVING A NEGOTIATED SETTLEMENT
BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS
ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2017 RATE
REVIEW MECHANISM FILINGS; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS
CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO
BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN
THE PUBLIC INTEREST; REQUIRING RECONCILIATION AND RATE
ADJUSTMENTS IF FEDERAL INCOME TAX RATES CHANGE; TERMINATING
THE RRM PROCESS FOR 2018 PENDING RENEGOTIATION OF RRM TERMS AND
CONDITIONS; REQUIRING THE COMPANY TO REIMBURSE ACSC'S
REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS
ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF
THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE;
DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL.
WHEREAS, the City of College Station, Texas ("City") is a gas utility customer of
Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a
coalition of similarly-situated cities served by Atmos Mid-Tex ("ACSC Cities") that have joined
together to facilitate the review of, and response to, natural gas issues affecting rates charged in
the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate
Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC
Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by
the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost
of serving the Atmos Mid-Tex Division; and
WHEREAS, on March 1, 2017, Atmos Mid-Tex filed its 2017 RRM rate request with
ACSC Cities; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2017 RRM filing
through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve
issues identified in the Company's RRM filing; and
WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants,
recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $48
million on a system-wide basis; and
WHEREAS, the attached tariffs implementing new rates are consistent with the
recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just,
reasonable, and in the public interest;
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable
expenses associated with RRM applications;
WHEREAS, the Company and ACSC have agreed that rates should be adjusted if any
change in federal income tax rates is implemented during the period that rates approved herein
remain in place; and
WHEREAS, because ACSC believes that certain provisions of the current terms and
conditions of the RRM tariff are inconsistent with market conditions, the City expects
renegotiation of the current RRM tariff in the Summer of 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEGE STATION, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
ORDINANCE NO.2017-3889 Page 2 of 15
Section 2. That the City Council finds that the settled amount of an increase in revenues
of $48 million on a system-wide basis represents a comprehensive settlement of gas utility rate
issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the
municipal limits arising from Atmos Mid-Tex's 2017 RRM filing, is in the public interest, and is
consistent with the City's authority under Section 103.001 of the Texas Utilities Code.
Section 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are just
and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $48
million in revenue over the amount allowed under currently approved rates, as shown in the
Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are
hereby adopted.
Section 4. That the ratemaking treatment for pensions and other post-employment
benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Attachment C, attached
hereto and incorporated herein.
Section 5. Consistent with Texas Utilities Code Section 104.055(c), Atmos Energy's
recovery of federal income tax expense through the Rider RRM has been computed using the
statutory income tax rate. In the event that a change in the statutory income tax rate is
implemented during the Rider RRM Rate Effective Date, Atmos Energy shall reconcile the
difference between the amount of federal income tax expense included in the Rider RRM
calculation for the Rate Effective Date with the amount of federal income tax expense authorized
under the new statutory income tax rate. The reconciliation period shall be from the date on
which any new statutory income tax rate is implemented through the Rate Effective Date. An
interest component calculated at the customer deposit interest rate then in effect as approved by
ORDINANCE NO.2017-3889 Page 3 of 15
the Railroad Commission of Texas shall be applied to the federal income tax expense
reconciliation. Further, any required reconciliation of federal income tax expense shall be
included as part of Atmos Mid-Tex's next annual RRM filing and shall be returned to or
recovered from customers as a one-time credit or surcharge to the customer's bill.
Section 6. The City requires renegotiation of RRM tariff terms and conditions during the
Summer of 20017. If an agreed renegotiated RRM tariff cannot be achieved, the City will
terminate the RRM process and consider initiation of a traditional rate case to reduce the
Company's authorized return on equity.
Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
the ACSC in processing the Company's 2017 RRM filing.
Section 8. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 9. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 10. That if any one or more sections or clauses of this Ordinance is adjudged to
be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 11. That consistent with the City Ordinance that established the RRM process,
this Ordinance shall become effective from and after its passage with rates authorized by
attached tariffs to be effective for bills rendered on or after June 1, 2017.
ORDINANCE NO.2017-3889 Page 4 of 15
Section 12. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris
Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy
Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General
Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED this 25t1i day of May, 2017.
.f/ �r
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ATTEST: APPROVED AS TO FOM:
trigink
City Secret.illtAly Attorney
2557/28/7339845
ORDINANCE NO.2017-3889 Page 5 of 15
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R— RESIDENTIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 19.60 per month
Rider CEE Surcharge $ 0.02 per month'
Total Customer Charge $ 19.62 per month
Commodity Charge—All Ccf $0.14427 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a) and Part(b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2016.
ORDINANCE NO.2017-3889 Page 11 of 20
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C—COMMERCIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $44.70 per month
Rider CEE Surcharge $ 0.08 per month'
Total Customer Charge $44.78 per month
Commodity Charge—All Ccf $ 0.09279 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part(a) and Part(b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
1 Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2016.
ORDINANCE NO.2017-3889 Page 12 of 20
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I —INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 799.75 per month
First 0 MMBtu to 1,500 MMBtu $ 0.3374 per MMBtu
Next 3,500 MMBtu $ 0.2470 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0530 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part(b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
ORDINANCE NO.2017-3889 Page 13 of 20
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I—INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
ORDINANCE NO.2017-3889 Page 14 of 20
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T—TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount
Customer Charge per Meter $ 799.75 per month
First 0 MMBtu to 1,500 MMBtu $ 0.3374 per MMBtu
Next 3,500 MMBtu $ 0.2470 per MMBtu
All MMBtu over 5,000 MMBtu $ 0.0530 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of(i) $0.10 per MMBtu, or(ii) 150% of the difference per MMBtu
between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer's receipt quantities for the month.
ORDINANCE NO.2017-3889 Page 15 of 20
Attachment A
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T—TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 06/01/2017 PAGE:
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer's deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled "Daily Price Survey."
Replacement Index
In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table
entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
ORDINANCE NO.2017-3889 Page 16 of 20
Attachment A
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 11/01/2017 PAGE:
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA; = WNAF; x q;j
Where II; is the relevant sales quantity for the jth customer in ith rate schedule.
ORDINANCE NO.2017-3889 Page 17 of 20
Attachment A
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE: Bills Rendered on or after 11/01/2017 PAGE:
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Ccf Ccf/HDD Ccf Ccf/HDD
Abilene 9.79 0.1347 93.16 0.6060
Austin 10.37 0.1483 190.68 0.9069
Dallas 13.36 0.2089 180.35 1.0191
Waco 9.64 0.1348 124.37 0.5791
Wichita 11.20 0.1412 107.96 0.5571
Falls
Weather Normalization Adjustment(WNA) Report
On or before June 1 of each year, the Company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the Company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
Company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
ORDINANCE NO.2017-3889 Page 18 of 20
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ORDINANCE NO. 2017-3890
AN ORDINANCE ADOPTING LOCAL STANDARDS OF CARE FOR THE CITY PARKS
AND RECREATION DEPARTMENT'S ELEMENTARY AGE (5-13) YOUTH
RECREATION PROGRAMS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
PART 1. AUTHORITY.
The Council adopts these local standards of care for the Parks and Recreation Department
children's Recreational Programs under Texas Human Resources Code Section
42.041(b)(14) (Required License and Accreditation) and its home rule authority.
PART 2. DEFINITIONS.
In this Ordinance:
(1) Recreation Assistant means a person responsible for the direct care or
administration, clerical support, food preparation, or Facility maintenance.
(2) Department means the Parks and Recreation Department.
(3) Director means the Director of the Parks and Recreation Department.
(4) Designee means a person appointed by the Director to act on the Director's
behalf.
(5) Facility means a building or improvement operated or used by the Department
in conducting a Recreational Program.
(6) Participant means a child age five to 13 years old who is enrolled in a
Recreational Program and is under the supervision of Department Staff.
(7) Recreational Program or Program means a fee-based children's program or activity
offered and supervised by the Department that requires a Participant to enroll or register
to participate.
(8) Staff means a person who is employed by the Department to work in a
Recreational Program.
(9) Volunteer means a person assisting without remuneration in the care or
supervision of Participants.
PART 3. PROGRAM ADMINISTRATION.
(A) The Department shall operate Recreational Programs in compliance with this
Ordinance and the Department's rules adopted under this Ordinance.
(B) The Director, or Designee, shall administer the programs.
PART 4. PROGRAM RULES; MONITORING.
(A)The Director shall adopt rules relating to the operation of the programs. A rule adopted
under this Ordinance may be more restrictive than the minimum standards adopted by
this Ordinance.
ORDINANCE NO. 2017-3890 Page 2 of 5
(B) The Director shall monitor the programs to ensure compliance with the standards
adopted in this Ordinance and the rules.
PART 5. REQUIRED SUPERVISION FOR NON-AQUATIC RECREATIONAL
PROGRAMS.
(A) Except as provided in Subsection (B), the Department shall provide Recreation
Assistants during a Recreational Program at a minimum as follows:
(1) one Recreation Assistant for each 12 Participants between the ages of five and nine
years old; and
(2) one Recreation Assistant for each 15 Participants between the ages of 10 and 13
years old.
(B)The Department shall provide activity leaders during a Recreational Program designed
for Participants with a disability at a minimum as follows:
(1) one Recreation Assistant for each four Participants between the ages of five and 12;
and
(2) one Recreation Assistant for each eight Participants between the ages of 12 and 13
years old.
PART 7. REQUIREMENTS FOR ACTIVITY LEADERS.
(A)The Department shall provide a minimum of one Recreation Assistant for each class or
group enrolled in a recreation program.
(B)A Recreation Assistant must be at least 16 years old.
(C)At least one Recreation Assistant on site must retain the following certification from a
nationally recognized organization approved by the Director:
(1) cardiopulmonary resuscitation for adults, children and infants;
(2) use of an automated external defibrillator; and
(3) first aid.
PART 8. STAFF AND VOLUNTEER TRAINING REQUIREMENTS.
(A) The Director shall establish training requirements for all Staff and Volunteers who
provide direct care or supervision to Participants.
(B) At least one Staff member at each Facility must have current training in first aid,
automated external defibrillator, and cardiopulmonary resuscitation for adults,
children and infants from a nationally recognized program that has been approved by
the Director.
PART 9. PERSONNEL RESTRICTION.
(A)A person may not be employed or serve as a Volunteer in a Recreational Program if:
(1) the person would be permanently barred from being present at a child care operation
while children are in care under the Texas Administrative Code Title 40, Part 19,
Chapter 745 (Licensing); or
ORDINANCE NO. 2017-3890 Page 3 of 5
(2) the Director determines that based on the criminal history and other relevant
credible information, the person poses a risk to the safety or health of Participants.
(B)The Director may obtain a criminal history record of any employee or Volunteer
working or applying to work in a Recreational Program.
PART 10. FACILITY OPERATION; PHYSICAL ENVIRONMENT.
(A)The Department may not operate a Recreational Program at a Facility unless the
Facility meets the following requirements:
(1) the Facility and equipment used in the program do not present fire, health or safety
hazards and are kept free of refuse and debris;
(2) the Facility is inspected annually for safety by the Department;
(3) the Facility is kept free of insects, rodents, and stray animals;
(4) the Facility has clearly marked emergency exits;
(5) the Facility has a disaster and evacuation procedure posted in a visible location;
(6) the Facility is used and maintained in accordance with the fire prevention
requirements of Chapter 25-12 (Technical Codes) and the directives of the Fire
Chief, including at least four fire drills each year.
(7) First aid and infection control kit are kept at the Facility, including:
(a) cardio pulmonary resuscitation and rescue breathing sequence guidelines;
(b) first aid review; and
(c) emergency action plans.
(8) The Facility has a sufficient number of restrooms that are equipped for independent
use by children and that are designed to permit Staff supervision if necessary.
(A) The Department may not operate a Recreational Program at a Facility unless the
Facility meets the following requirements:
(1) The Facility and equipment used in the program do not present fire, health, or
safety hazards and are kept free of refuse and debris;
(2) The Facility is inspected annually for safety by the Department;
(3) The Facility is kept free of insects, rodents, and stray animals;
(4) The Facility has clearly marked emergency exits;
(5) The Facility has a disaster and evacuation procedure posted in a visible location;
(6) The Facility is used and maintained in accordance with the fire prevention
requirements of Chapter 25-12 (Technical Codes) and the fire chiefs directives,
including not fewer than four fire drills each year;
(7) First aid and infection control kit are kept at the Facility, including sufficient
additional kits to be taken to other locations at which Participants engage in a
program activity;
ORDINANCE NO. 2017-3890 Page 4 of 5
(8) First aid guidelines are on file and visibly posted at the Facility, including: (a)
cardio pulmonary resuscitation and rescue breathing sequence guidelines; (b) first
aid review; and (c) emergency action plans; and
(9) The Facility has a sufficient number of restrooms that are equipped for
independent use by children and that are designed to permit Staff supervision if
necessary.
(B) The Department shall maintain a campground or primitive Facility used for a
Recreation Program in compliance with the requirements of Subsection (A) to the
extent possible.
(C) The Department shall maintain equipment used in the programs in good condition.
Department Staff shall remove a defective tool, machinery, appliance, or other
equipment and report the defective item to a supervisor. Unauthorized Staff may not
repair defective equipment.
PART 11. PHYSICAL HEALTH STANDARDS.
(A) A Staff member shall supervise a Participant who is ill or injured until a parent or
other authorized adult removes the Participant from the Facility.
(B) Staff shall keep a Participant whose illness or medical condition would compromise
the health or safety of the others separate from the others until the child is removed
from the Facility.
(C) Staff shall call a Participant's parent or guardian if participant has an oral temperature
of 100.4 degrees Fahrenheit or greater, accompanied by behavior changes or other
signs or symptoms of illness.
(D) Staff may not admit or readmit a Participant whose illness or medical condition
prevents the Participant from comfortably participating in program activates or places
other Participants at risk to the Facility for the duration of the illness or condition.
(E) In case of an acute illness or injury to a Participant, Staff shall call for an emergency
vehicle to transport the Participant to an authorized medical Facility.
PART 12. MEDICATION STANDARDS.
(A) A Staff member may not administer medication to a Participant without a parental
medication authorization. Staff may not administer medication that is not in its original
container or past the expiration date on the container.
(B) A Staff member may not administer an injection or an amount of medication that is
inconsistent with the prescribed dosage. A Staff member may administer an
epinephrine auto-injector device if the Staff member has completed training approved
by the Department.
(C) A Staff member may not accept more than a daily supply of medication for a
Participant and the member shall return the unused medication to the parent at the end
of the day.
(D) Staff must keep medication in a locked and secured location that is not accessible by
participants.
ORDINANCE NO. 2017-3890 Page 5 of 5
(E) A Staff member shall maintain a medication log that includes the name of the child to
whom the medication is administered, the time the medication is dispensed and the
name of the person dispensing the medication.
PART 13. DISTRIBUTION OF STANDARDS.
(A) The Department shall post and make available copies of the standards adopted in this
Ordinance or by rules adopted under this Ordinance to parents.
(B) The Department shall inform parents or guardians of each Participant that the
Recreational Programs are not licensed by the state. The programs may not be
advertised as child-care facilities.
PART 14. ENFORCEMENT.
(A)The Director or Designee shall monitor and enforce this Ordinance and the standards
herein as required by law.
PASSED ADOPTED, AND APPROVED this 25th day of May, 2017.
ATTEST: APPROVED:
411 i
X, A
City Secretary M or
APPROVED 7'
- v
Ci Attorney