City Council

CLARKSVILLE CITY COUNCIL EXECUTIVE SESSION JANUARY 26, 2017, 4:30 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA 1) UNITED WAY: Agency Update (Ginna Holleman) 2) ASSESSOR OF PROPERTY: New Website Feature (Erinne Hester) 3) PLANNING COMMISSION PUBLIC HEARING 1. ORDINANCE 46-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Grace Bible Church, Mid-State Investments-Agent, for zone change on property at the intersection of Peachers Mill Road and Pine Mountain Road from R-1 Single Family Residential District and R-2 Single Family Residential District to R-4 Multiple Family Residential District (RPC: Approval/Approval) 2. ORDINANCE 47-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Grace L. Harless for zone change on property at the intersection of Peachers Mill Road and Carter Road from R-1 Single Family Residential District to R-4 Multiple Family Residential District (RPC: Approval/Approval) 4) CONSENT AGENDA All items in this portion of the agenda are considered to be routine and non-controversial by the Council and may be approved by one motion; however, a member of the Council may request that an item be removed for separate consideration under the appropriate committee report: 1. ORDINANCE 42-2016-17 (Second Reading) Amending the FY17 Capital Projects Budget to accept a grant increase from the Tennessee Department of Transportation for the Red River Trail  2. ORDINANCE 43-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Shannon Keen for zone change on property at the intersection of Thomas Street and Bradley Street from R-3 Three Family Residential District to C-2 General Commercial District 3. RESOLUTION 25-2016-17 Approving a Certificate of Compliance for Yonatan Berhe for sale of wine in a food store (Jordan Grocery, 1201 Greenfield Drive) 4. Adoption of Minutes: January 3, January 5 5. Approval of Board Appointments: Audit Committee: Jeff Henley (replace Joel Wallace) - Coterminous Public Art Commission: Jim Diehr (fill unexpired term of Karen Parr Moody- resigned) – February 2017 through May 2017 5) FINANCE COMMITTEE Jeff Burkhart, Chair 1. ORDINANCE 44-2016-17 (First Reading) Authorizing exercise of right of eminent domain to obtain easements for the Natural Gas Interconnect Pipeline (Finance Committee: Approval) 2. RESOLUTION 20-2016-17 Amending Personnel Policy 03-01 relative to protective footwear (Finance Committee: Approval) 6) GAS & WATER COMMITTEE Bill Powers, Chair 1. ORDINANCE 38-2016-17 (First Reading; Referred to Committee January 5th) Amending the Official Code relative to gas rates (Gas & Water Committee:_________) 2. ORDINANCE 45-2016-17 (First Reading) Authorizing extension of utilities to Poplar Hills Subdivision, Section 7; request of Clinton Barger (Gas & Water Committee: ______) 7) HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair 8) PARKS COMMITTEE (Parks, Recreation, General Services) Valerie Guzman, Chair 9) PUBLIC SAFETY COMMITTEE (Building & Codes, Fire & Rescue, Police) Geno Grubbs, Chair 10) STREETS & GARAGE COMMITTEE Mike Alexander, Chair 11) TRANSPORTATION COMMITTEE Deanna McLaughlin, Chair 12) NEW BUSINESS 1. RESOLUTION 18-2016-17 (Postponed January 5th) Authorizing an interlocal agreement between the City of Clarksville and the E911 Emergency Communications District (Councilman Grubbs) 2. RESOLUTION 22-2016-17 Approving removal of a Lamar Advertising off- premise advertising structure on College Street and approving construction of a new Lamar Advertising off-premise advertising structure on Bellamy Lane (Councilman Allen) 3. RESOLUTION 23-2016-17 Approving removal of a Lamar Advertising off- premise advertising structure on Wilma Rudolph Boulevard and approving construction of a new Lamar Advertising off-premise advertising structure on Lowes Drive (Councilman Allen) 4. RESOLUTION 24-2016-17 Approving removal of a Lamar Advertising off- premise advertising structure on Madison Street and approving construction of a new Lamar Advertising off-premise advertising structure on Tiny Town Road (Councilman Allen) 13) MAYOR AND STAFF REPORTS 14) PUBLIC COMMENTS 15) ADJOURNMENT  ORDINANCE 46-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF GRACE BIBLE CHURCH, MID-SOUTH INVESTMENTS-AGENT, FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF PEACHERS MILL ROAD AND PINE MOUNTAIN ROAD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned R-1 Single Family Residential District and R-2 Single Family Residential District, as R-4 multiple Family Residential District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point in the west right of way line of Peachers Mil Road, said point being a corner in the tract of real estate conveyed to Robert W. Clark, et al, by Sara A. Smith, et al, by deed dated August 30, 1985, of record in ORBV 362, Page 99, ROMCT; thence with the Clark line South 63 degrees 35 minutes 50 seconds west 475.50 feet to a point; thence continuing with the Clark lineSouth 26 degrees 24 minutes 10 seconds East 462.55 feet to a point; thence continuing with the Clark line North 63 degrees 35 minutes 50 seconds East 475.50 feet to the West Right of Way linr of Peachers mill Road; thence northwardly with Peachers Mill Road on a curve to the right having an central angle of 6 degrees 37 minutes 41 seconds, a radius of 1,744.42 feet, a distance of 201.80 feet to a point; thence North 24 degrees 57 minutes 30 seconds West 261.50 feet to the point of beginning, containing 5.0 +/- acres further identified as Tax Map 43-D-E Map 29.00  ORDINANCE 47-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF GRACE L. HARLESS FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF PEACHERS MILL ROAD AND CARTER ROAD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned R-1 Single Family Residential District, as R-4 Multiple Family Residential District. PUBLIC HEARING: FIRST READING: SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being 210 +/- feet south of the centerline of the intersection of Peachers Mill Road and Marshall Drive, said point being the southeast corner of the Arvel Hunter property, thence in a southerly direction 185 =/- feet with the west right of way line of Peachers Mill Road to a point, said point being the northeast corner of the Gregory L. Walker property, thence in a westerly direction 236 +/- feet with the northern boundary of the Walker property to a point, said point being in the western boundary of the Lexington TN LP property, thence in a northerly direction 156 +/- feet with the Lexingtion TN LP property and others to a point, said point being in the southern boundary of the Arvel Hunter property, thence in a easterly direction 193 +/- feet with the southern boundary of the Hunter property to the point of beginning, said tract containing 0.80 +/- acres, further identified as Tax Map 43-E-A, Parcel 11.00  ORDINANCE 42-2016-17 AN ORDINANCE AMENDING THE 2016-17 CAPITAL PROJECTS FUND BUDGET (ORDINANCE 102B-2015-16) AUTHORIZING THE CITY OF CLARKSVILLE TO ACCEPT A GRANT INCREASE OF FEDERAL FUNDS FROM THE TENNESSEE DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $48,399 FOR THE RED RIVER TRAIL WHEREAS, the City of Clarksville was awarded a grant funded by the Federal Government and passed through the Tennessee Department of Transportation to construct and complete a major section of the City’s pedestrian trail known as the Clarksville Red River Trail in fiscal year 2013; and WHEREAS, they have agreed to increase that grant in the amount of $48,399 in federal funds; and WHEREAS, the City has funds available to meet our required 20% match within the capital project that was established during fiscal year 2013. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the following Capital Projects Fund budget amendments be made: Expenditure: 40450003 4450 13501 Clarksville River Trail Increase: $ 48,399 Revenue: 4041000 33130 13501 Federal Grant Revenue Increase: $ 48,399 FIRST READING: January 5, 2017 SECOND READING: EFFECTIVE DATE:  ORDINANCE 43-2016-17 AMENDING THE ZONING ORDINANCE AND MAP OF THE CITY OF CLARKSVILLE, APPLICATION OF SHANNON KEEN FOR ZONE CHANGE ON PROPERTY AT THE INTERSECTION OF THOMAS STREET AND BRADLEY STREET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Zoning Ordinance and Map of the City of Clarksville, Tennessee are hereby amended by designating the zone classification of the property described in Exhibit A, currently zoned R-3 Three Family Residential District, as C-2 General Commercial District. PUBLIC HEARING: January 5, 2017 FIRST READING: January 5, 2017 SECOND READING: EFFECTIVE DATE: EXHIBIT A Beginning at a point, said point being in the south right of way margin of Thomas St. 44 +/- feet southwest of the centerline of the Thomas St. and Bradley St. intersection, said point also being the northeast corner of the herein described tract, thence in a southern direction with the west right of way margin of Bradley St. 106 +/- feet to a point, said point being the northeast corner of the Jerry Paschal Stewart property, thence in a westerly direction 48 +/- feet to a point, said point being the southeast corner of the American Car Washes Inc., property, thence in a northerly direction 110 +/- feet to a point, said point being in the southern right of way margin of Thomas St., thence in a easterly direction 52 +/- feet with the southern right of way margin of Thomas St. to the point of beginning, said tract containing 0.15 +/- acres. further identified as Tax Map 66-O-A, parcel 11.00  CLARKSVILLE CITY COUNCIL SPECIAL SESSION JANUARY 3, 2017 MINUTES CALL TO ORDER A special session of the Clarksville City Council was called to order by Mayor Kim McMillan on Tuesday, January 3, 2017, at 4:15 p.m. A prayer was offered and the Pledge of Allegiance was led by Clarksville Police Department Chaplain Modesto Martinez. ATTENDANCE PRESENT: Richard Garrett (Ward 1), Deanna McLaughlin (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4), Valerie Guzman, Mayor Pro Tem (Ward 5), Wanda Smith (Ward 6), Geno Grubbs (Ward 7), David Allen (Ward 8), Jeff Henley (Ward 9), Mike Alexander (Ward 10), Bill Powers (Ward 11), Jeff Burkhart (Ward 12) OATH OF OFFICE: CITY COUNCIL Mayor McMillan administered the Oath of Office to members of the City Council who were elected and re-elected on November 8, 2016: Ward 3 - Ron Erb Ward 4 - Tim Chandler Ward 5 - Valerie Guzman Ward 8 - David Allen Ward 9 - Jeff Henley Ward 12 - Jeff Burkhart OATH OF OFFICE: CITY JUDGE Mayor McMillan administered the Oath of Office to City Judge Charles Smith who was re-elected on November 8, 2016. ELECTION OF MAYOR PRO TEM Mayor McMillan made a motion to elect Councilwoman Valerie Guzman to serve 2017- 2018 as Mayor Pro Tem. The motion was seconded by Councilman Grubbs. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The motion to elect Councilwoman Valerie Guzman as Mayor Pro Tem unanimously passed. Mayor Pro Tem Guzman thanked the Council for their support. ADJOURNMENT The meeting was adjourned at 4:25 p.m. Executive Session was immediately convened.  CLARKSVILLE CITY COUNCIL REGULAR SESSION JANUARY 5, 2017, 7:00 P.M. MINUTES PUBLIC COMMENTS Kathrine Sullivan had requested to speak to the City Council regarding the Clarksville High School Leadership Team’s recommendation for improved safety at the intersection of Dr. Martin Luther King, Jr. Boulevard and Old Farmers Road; Ms. Sullivan was not present. CALL TO ORDER The regular session of the Clarksville City Council was called to order by Mayor Kim McMillan on Thursday, January 5, 2017, at 7:00 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Pastor B. J. Brack, Hilldale United Methodist Church, guest of Councilman Geno Grubbs, Ward 7; the Pledge of Allegiance was led by Councilman Ron Erb, Ward 3. ATTENDANCE PRESENT: Richard Garrett (Ward 1), Deanna McLaughlin (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4), Valerie Guzman, Mayor Pro Tem (Ward 5), Wanda Smith (Ward 6), Geno Grubbs (Ward 7), David Allen (Ward 8), Jeff Henley (Ward 9), Mike Alexander (Ward 10), Bill Powers (Ward 11), Jeff Burkhart (Ward 12) SPECIAL RECOGNITIONS There were no special recognitions. PUBLIC HEARING Councilman Grubbs made a motion to conduct a public hearing to receive comments regarding a request for zone change. The motion was seconded by Councilman Alexander. There was no objection.  ORDINANCE 43-2016-17 (First Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Shannon Keen for zone change on property at the intersection of Thomas Street and Bradley Street from R-3 Three Family Residential District to C-2 General Commercial District No one spoke for or against this request. Councilman Grubbs made a motion to revert to regular session. The motion was seconded by Councilman Garrett. There was no objection. ADOPTION OF ZONING The recommendation of the Regional Planning Staff and Commission were for approval of ORDINANCE 43-2016-17. Councilman Grubbs made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. CONSENT AGENDA All items in this portion of the agenda are considered to be routine and non-controversial by the Council and may be approved by one motion; however, a member of the Council may request that an item be removed for separate consideration under the appropriate committee report: 1. ORDINANCE 39-2016-17 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Ronnie Goad for zone change on property north and south of Ellington Drive, Ellsworth Drive, and Bellshire Drive from R-4 Multiple Family Residential to R-1A Single Family Residential District 2. ORDINANCE 41-2016-17 (Second Reading) Amending the Official Code relative to pretreatment of industrial wastewater 3. RESOLUTION 16-2016-17 Approving a Certificate of Compliance for Sweta Patel and Kirti Patel for sale of wine in a food store (Quick Stop Food Mart #12, 1780 Ashland City Road) 4. RESOLUTION 19-2016-17 Approving a Certificate of Compliance for Dineshbhai G. Patel for sale of wine in a food store (Chum’s Marathon, 811 Peacher’s Mill Road) 5. Adoption of Minutes: December 1, 2016 6. Approval of Board Appointment: Audit Committee: Wilbur Berry, Lynn Stokes – January 2017 through December 2018  Councilman Burkhart made a motion to adopt the Consent Agenda as presented. The motion was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt the Consent Agenda passed. FINANCE COMMITTEE Jeff Burkhart, Chair RESOLUTION 17-2016-17 Authorizing redirection of allotted funds for the Customs House Museum The recommendation of the Finance Committee was for approval. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Alexander. There was no objection to allowing Museum Director Jim Zimmer to answer questions. Councilwoman McLaughlin was concerned that the current funding for HVAC renovations had not been used. Mr. Zimmer said the Museum Board’s building committee asked for advice from a mechanical engineer whose report should be received within the next few weeks for a plan to complete the HVAC renovation project by the end of May; however, the committee also decided the roof repair should take priority. In response to Councilwoman Smith’s question, Mr. Zimmer said the roof began showing signs of deterioration during the summer of 2016 and actual water issues occurred in November 2016. There was no objection to reverting to regular session. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this resolution passed. GAS & WATER COMMITTEE Bill Powers, Chair ORDINANCE 38-2016-17 (First Reading; Postponed December 1st) Amending the Official Code relative to gas rates Councilman Powers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Garrett. Mayor McMillan made a motion to refer this ordinance back to the Gas & Water Committee for further evaluation. The motion was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, McMillan, Powers, Smith The motion to refer this ordinance back to the Gas & Water Committee unanimously passed. HOUSING & COMMUNITY DEVELOPMENT COMMITTEE David Allen, Chair Councilman Allen said several local churches were participating in the Room in the Inn program which provides beds for the homeless. The Old Firehouse Day shelter was also offering shelter and assistance. He announced the Point In Time program was scheduled for January 23rd to estimate the number of homeless individuals to determine funding for the next fiscal year. PARKS, RECREATION, GENERAL SERVICES COMMITTEE Valerie Guzman, Chair Councilwoman Guzman announced upcoming events sponsored by the Parks & Recreation Department including adult and youth softball league registration, Ft. Defiance Interpretive Center events, Cupid Shuffle Dance, and Chocolate Affair. PUBLIC SAFETY COMMITTEE (Building & Codes, Fire & Rescue, Police) Geno Grubbs, Chair Councilman Grubbs shared the following monthly department statistics: Building & Codes Construction Division – 1,492 inspections; Building & Codes Enforcement Division – 151 cases; Building & Codes Abatement Division – 14 work orders; Building & Codes Administration – 73 single family permits; Fire & Rescue – 1,176 emergency runs; Police – 12,198 responses. STREETS & GARAGE COMMITTEE Mike Alexander, Chair Councilman Alexander reported 282 work orders completed by the Street Department during December. TRANSPORTATION COMMITTEE Deanna McLaughlin, Chair Councilwoman McLaughlin reported 57,444 passengers transported by Clarksville Transit System and 5,556 passengers transported by Nashville-Clarksville Express during the month of December. Councilwoman McLaughlin announced meetings of the Transportation Committee would be held on the fourth Monday of each month. NEW BUSINESS ORDINANCE 42-2016-17 (First Reading) Amending the FY17 Capital Projects Budget to accept a grant increase from the Tennessee Department of Transportation for the Red River Trail Councilman Powers made a motion to adopt this ordinance on first reading. The motion was seconded by Councilman Burkhart. Councilman Powers said the required matching funds were already available. The following vote was recorded:  AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to adopt this ordinance on first reading passed. RESOLUTION 18-2016-17 Authorizing an interlocal agreement between the City of Clarksville and the E911 Emergency Communications District Councilman Grubbs made a motion to adopt this resolution. The motion was seconded by Councilman Alexander. Councilman Grubbs made a motion to postpone action on this resolution to the next regular session to allow time for additional legal review. The motion was seconded by Councilman Alexander. The following vote was recorded: AYE: Alexander, Allen, Burkhart, Chandler, Erb, Garrett, Grubbs, Guzman, Henley, McLaughlin, Powers, Smith The motion to postpone action on this resolution to the next regular session passed. MAYOR AND STAFF REPORTS Councilman Powers announced monthly meetings of the Gas & Water Committee would be held on the same afternoon as Executive Session at 3:45 p.m. Councilman Burkhart announced monthly meetings of the Finance Committee would be held on Tuesday before Executive Session at 4:00 p.m. ADJOURNMENT The meeting was adjourned at 7:27 p.m.  ORDINANCE 44-2016-17 AN ORDINANCE AUTHORIZING THE EXERCISE OF RIGHT OF EMINENT DOMAIN TO OBTAIN UTILITY EASEMENTS AND PROPERTY NECESSARY TO ALLOW NATURAL GAS DISTRIBUTION SYSTEM CONSTRUCTION ASSOCIATED WITH THE NATURAL GAS INTERCONNECT PIPELINE PROJECT. WHEREAS, the City of Clarksville is in the process of designing and ultimately constructing a 12-inch natural gas main through portions of Todd County, Kentucky and Montgomery County, Tennessee; and WHEREAS, the gas main is intended to serve as a redundant natural gas feed to customers within the Clarksville Gas service area and will also present the opportunity to negotiate gas prices between the two competing suppliers; and WHEREAS, the availability of a redundant natural gas feed, as requested by many interested prospects, will aid the Clarksville-Montgomery County Industrial Development Board in industrial recruitment to the area; and WHEREAS, it may not be possible to cost effectively negotiate timely easements and property acquisition with the affected property owners for the required construction activities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That if negotiation efforts are not timely or effective, the City of Clarksville is hereby authorized to exercise the right of eminent domain to obtain necessary easements and property to allow natural gas distribution system construction associated with the Natural Gas Interconnect Pipeline project in the aforementioned area. FIRST READING: SECOND READING: EFFECTIVE DATE:  RESOLUTION 20-2016-17 A RESOLUTION AMENDING PERSONNEL POLICY 03-1 RELATIVE TO PROTECTIVE FOOTWEAR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That City of Clarksville Personnel Policy 03-1, relative to protective footwear, is hereby amended by deleting the language effective March 6, 2003, and by substituting instead the language attached hereto as Exhibit A. ADOPTED:  PERSONNEL POLICY 03-1 SUBJECT: PROTECTIVE FOOTWEAR PURPOSE Each affected employee shall wear protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, and where such employee's feet are exposed to electrical and hazardous substances. This policy incorporates the requirements of the U.S. OSHA Regulations 1910.136, Occupational Foot Protection and ASTM F-2413-2005 (Standard Specification for Performance Requirements for Protective Footwear), or the most recent version. POLICY STATEMENT: It is the responsibility of each department to perform a workplace hazard assessment to determine the need for specific foot protection, which employees require foot protection, and to ensure that appropriate foot protection is being worn. Employees are responsible for their own safe use of foot protection. They shall wear the approved foot protection as part of their work uniform and follow manufacturer recommendations for their footwear. Safety shoes shall be required for all seasonal part-time and/or summer help, where required, a cost to which the employee is responsible. Management/Supervisors are responsible for implementing an appropriate foot protection program for individuals, work, and areas under their direction. They shall: A. Evaluate all their work areas and tasks and assess the risk for foot injuries, plus slips, trips, falls, and electrical shock. B. Determine the need for specific foot protection. C. Ensure employees are wearing appropriate, approved foot protection. D. Provide adequate storage and care capability if needed. E. Ensure foot protection requirements are being followed. The City Health & Safety Manager shall:  A. Provide professional consultation and guidance to management for all foot protection program elements. B. Audit the foot protection program and assist management in developing effective strategies for indicated improvement. EMPLOYEE ALLOTMENT The City of Clarksville shall purchase protective footwear that meets the ASTM F-2413-2005 criteria up to the amount of one-hundred and twenty five dollars ($125) per year for full-time employees. Note: At this time, there is no legal requirement for the City to provide employees with protective equipment that is considered personal in nature, such as protective footwear. At the discretion of the Department Head, protective footwear that is destroyed due to a work- related accident, catastrophic events, hazardous substances, chemical spill, or other similar event beyond normal wear, tear, and use may be replaced by the department. IMPLEMENTATION: A. Perform hazard assessment of department worksites to determine the need for and type of foot protection B. Ensure employees select appropriate, approved foot protection. C. All protective footwear shall meet the requirements of ASTM F-2413-2005: 1. Protective footwear is intended to provide protection for the toes against external forces through the use of a protective toe box. Compression and impact resistant protective footwear shall be rated no less than C/75, I/75, and Mt75. 2. Employees conducting electrical work such as building/facility maintenance, traffic signal maintenance, sewer lift pump maintenance, etc. shall wear protective footwear with an (EH) electrical hazard rating. EH footwear is manufactured with non- conductive, electrical shock-resistant soles and heels. The outsole is intended to provide a secondary source of electric shock-resistance protection to the wearer against the hazards from an incidental contact with live electrical circuits, electrically energized conductors, parts or apparatus. It must be capable of withstanding the application of 18,000 volts at 60 hertz for one minute with no current flow or leakage current in excess of one milliampere under dry conditions. The label printed or sewn onto the shoe shall have “EH” indicated. D. The identification of all protective footwear certified as meeting the requirements of this procedure shall follow a consistent pattern. One shoe of each pair shall be clearly and legibly identified in letters and numbers by stitched-in labels, stamping, and/or pressure- sensitized labels. The labels shall identify the shoe as complying with the standard, the year of the standard, gender, and which sections of the standard the shoe complies with. Line #1: ASTM F2413-11 This line identifies the ASTM standard. It indicates that the protective footwear meets the performance requirements of ASTM F2413 issued in 2011. Line #2: M I/75 C/75 Mt75 This line identifies the gender (M [Male] or F [Female]) of the user. It also identifies the existence of impact resistance (I), the impact resistance rating (75 foot-pounds), compression resistance (C) and the compression resistance rating (75) which correlates to 2500 pounds of compression. The metatarsal designation (Mt) and rating (75 foot-pounds) is also identified. Lines 3 & 4: PR Lines 3 and 4 are used to identify footwear made to offer protection from other specific types of hazards referenced in the standard. They are used to designate conductive (Cd) properties, electrical hazard resistance properties (EH), footwear designed to reduce the accumulation of excess static electricity (SD) and puncture resistance (PR). Conductive (Cd) footwear is intended to provide protection for the wearer against hazards that may result from static electricity buildup and to help reduce the possibility of ignition of explosives or volatile chemicals. The footwear must facilitate electrical conductivity and the transfer of static electricity buildup from the body to the ground. The electrical resistance must range between zero and 500,000 ohms. Electrical hazard (EH) footwear is manufactured with non-conductive, electrical shock- resistant soles and heels. The outsole is intended to provide a secondary source of electric shock-resistance protection to the wearer against the hazards from an incidental contact with live electrical circuits, electrically energized conductors, parts or apparatus. It must be capable of withstanding the application of 18,000 volts at 60 hertz for one minute with no current flow or leakage current in excess of one milliampere under dry conditions. Static dissipative (SD) footwear is designed to provide protection against hazards that may exist due to excessively low footwear resistance, as well as maintain a sufficiently high level of resistance to reduce the possibility of electric shock. The footwear must have a lower limit of electrical resistance of 106 ohms and an upper limit of 108 ohms. Puncture-resistant (PR) footwear is designed so that a puncture-resistant plate is positioned between the insole and outsole. It is an integral and permanent part of the footwear. Devices constructed of metal must pass the ASTM B117-11 Standard Practice for Operating Salt Spray (Fog Apparatus) corrosion resistance testing. The device must  show no sign of corrosion after being exposed to a five percent salt solution for 24 hours. The puncture-resistant footwear must show no signs of cracking after being subjected to 1.5 million flexes and have a minimum puncture resistance of 270 pounds. Example label for a female Street Department employee who conducts concrete finishing:  ASTM F2413-11  F I/75/C/75/Mt75 Example label for a male Building Maintenance employee who conducts electrical maintenance work:  ASTM F2413-11  M I/75/C/75/Mt75  EH E. Employees who are exposed to foot hazards AND who regularly operate heavy equipment, large trucks or frequently enter/exit vehicles, must wear protective footwear that extends above the ankle. F. Employees may use local shoe vendors provided that the protective footwear purchased meets the aforementioned requirements and the vendors have been approved through the Purchasing Department. Purchases shall be made with Purchase Orders or City issued P- cards. If footwear is purchased through a local vendor, it is the supervisor’s and/or Department Head’s responsibility to inspect the protective footwear for ASTM F2413 compliance. G. Departments may host mobile footwear vendors and arrange direct billing at their discretion. If such vendors are used, the vendor must supply a statement that the footwear meets ASTM F2413. These vendors shall also be preapproved through the Purchasing Department. H. To limit costs and prevent damage to an employee’s protective footwear, departments should issue appropriate over-boots in situations such as sewer work and work around chemicals, catastrophic events, hazardous substances, concrete, or other materials. I. No affected employee may work without protective footwear where there is a danger of foot injuries due to falling or rolling objects or objects piercing the sole, and where such employee's feet are exposed to electrical and hazardous substances. If anyone needs  information on what type of foot protection is appropriate, contact your department’s Health & Safety Coordinator or the Health & Safety Manager located in the Human Resources Department. POLICY CHANGES: Any and all revisions to this policy that will change the employee allotment amount shall be approved by the City of Clarksville Finance & Administration Committee. All other substance revisions made to this policy shall be approved by the Human Resources Director. THIS POLICY IS SUBJECT TO REVISION WITHOUT NOTICE. OFFICIAL DOCUMENT APPROVED BY CITY COUNCIL: MARCH 6, 2003 EFFECTIVE DATE: MARCH 6, 2003 REVISED:__________________________________ _________________________________________ Will Wyatt , Director of Human Resources  PERSONNEL POLICY 03-1 SUBJECT: PROTECTIVE FOOTWEAR PURPOSE : Each affected employee shall wear protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, and where such employee's feet are exposed to electrical and hazardous substanceshazards. This policy incorporates the requirements of the U.S. OSHA Regulations 1910.136, Occupational Foot Protection and ASTM F-2413-2005 (Standard Specification for Performance Requirements for Protective FootwareFootwear),NSI Z41-1999, "American National Standard for Personal Protection - Protective Footwear” or the most recent version.." POLICY STATEMENT: It is the responsibility of each department to perform a workplace hazard assessment to determine the need for specific foot protection, which employees require foot protection, and to ensure that appropriate foot protection is being worn. Employees are responsible for their own safe use of foot protection. They shall wear the approved foot protection as part of their work uniform and follow manufacturer recommendations for their footwear. . Safety shoes shall be required for all seasonal part- time and/or summer help, where required, a cost to which the employee is responsible. Management/Supervisors are responsible for implementing an appropriate foot protection program for individuals, work, and areas under their direction. They shall: A. Evaluate all their work areas and tasks and assess the risk for foot injuries, plus slips, trips, and falls, and electrical shock. B. Determine the need for specific foot protection. C. Ensure employees are wearing appropriate, approved foot protection. D. Provide adequate storage and care capability if needed. E. Ensure foot protection requirements are being followed. The City Safety Health & Safety Manager shall: A. Provide professional consultation and guidance to management for all foot protection program elements. B. Audit the foot protection program and assist management in developing effective strategies for indicated improvement. EMPLOYEE REIMBURSEMENTALLOTMENT The City of Clarksville will reimbursementshall purchase protective footwearreimburse employees that meets the ASTM F-2413-2005 criteria up to the amount of one-hundred and twenty five dollars ($12525) per year for protective footwear that meets the ASTM F-2413-2005 ANSI Z41-1999 criteriafull-time employees. Note: At this time, there is no legal requirement for the City to provide employees with protective equipment that is considered personal in nature, such as protective footwear. At the discretion of the Ddepartment Hhead, employees may be reimbursed for protective footwear that is destroyed due to a work-related accident, catastrophic events, hazardous substances, chemical spill, or other similar event beyond normal wear, tear, and use may be replaced by the department. IMPLEMENTATION: A. Perform hazard assessment of department worksites to determine the need for and type of foot protection. B. Ensure employees select appropriate, approved foot protection. C. All protective footwear shall meet the requirements of ASTM F-2413-2005 ANSI Standard Z41-1999: 1. Protective footwear is intended to provide protection for the toes against external forces through the use of a protective toe box. Compression and impact resistant protective footwear shall be rated no less than C/75, I/75, and Mt75 C/75 and I/75., respectively. 2. Employees conducting electrical work such as building/facility maintenance, traffic signal maintenance, sewer lift pump maintenance, etc. shall wear protective footwear with an (EH)ANSI electrical hazard rating. EH footwear is manufactured with non- conductive, electrical shock-resistant soles and heels. The outsole is intended to provide a secondary source of electric shock-resistance protection to the wearer against the hazards from an incidental contact with live electrical circuits, electrically energized conductors, parts or apparatus. It must be capable of withstanding the application of 18,000 volts at 60 hertz for one minute with no current flow or leakage current in excess  of one milliampere under dry conditions. The footwear that is rated for electrical hazards shall provide protection against open circuits of 600 volts or less under dry conditions. No metal parts shall be incorporated in the sole or heel of the shoe. The ANSI label printed or sewn onto the shoe shall have “EH” indicated. D. The identification of all protective footwear certified as meeting the requirements of this procedure shall follow a consistent pattern. One shoe of each pair shall be clearly and legibly identified in letters and numbers by stitched-in labels, stamping, and/or pressure- sensitized labels. The labels shall identify the shoe as complying with the standard, the year of the standard, gender, and which sections of the standard the shoe complies with. Line #1: ASTM F2413-11 This line identifies the ASTM standard. It indicates that the protective footwear meets the performance requirements of ASTM F2413 issued in 2011. Line #2: M I/75 C/75 Mt75 This line identifies the gender (M [Male] or F [Female]) of the user. It also identifies the existence of impact resistance (I), the impact resistance rating (75 foot-pounds), compression resistance (C) and the compression resistance rating (75) which correlates to 2500 pounds of compression. The metatarsal designation (Mt) and rating (75 foot-pounds) is also identified. Lines 3 & 4: PR Lines 3 and 4 are used to identify footwear made to offer protection from other specific types of hazards referenced in the standard. They are used to designate conductive (Cd) properties, electrical hazard resistance properties (EH), footwear designed to reduce the accumulation of excess static electricity (SD) and puncture resistance (PR). Conductive (Cd) footwear is intended to provide protection for the wearer against hazards that may result from static electricity buildup and to help reduce the possibility of ignition of explosives or volatile chemicals. The footwear must facilitate electrical conductivity and the transfer of static electricity buildup from the body to the ground. The electrical resistance must range between zero and 500,000 ohms. Electrical hazard (EH) footwear is manufactured with non-conductive, electrical shock- resistant soles and heels. The outsole is intended to provide a secondary source of electric shock-resistance protection to the wearer against the hazards from an incidental contact with live electrical circuits, electrically energized conductors, parts or apparatus. It must be capable of withstanding the application of 18,000 volts at 60 hertz for one minute with no current flow or leakage current in excess of one milliampere under dry conditions.  Static dissipative (SD) footwear is designed to provide protection against hazards that may exist due to excessively low footwear resistance, as well as maintain a sufficiently high level of resistance to reduce the possibility of electric shock. The footwear must have a lower limit of electrical resistance of 106 ohms and an upper limit of 108 ohms. D. Puncture-resistant (PR) footwear is designed so that a puncture-resistant plate is positioned between the insole and outsole. It is an integral and permanent part of the footwear. Devices constructed of metal must pass the ASTM B117-11 Standard Practice for Operating Salt Spray (Fog Apparatus) corrosion resistance testing. The device must show no sign of corrosion after being exposed to a five percent salt solution for 24 hours. The puncture-resistant footwear must show no signs of cracking after being subjected to 1.5 million flexes and have a minimum puncture resistance of 270 pounds. Example label for a female Street Department employee who conducts concrete finishing:  ASTM F2413-11ANSI Z41 PT 99  F I/75/ C/75/Mt75 Example label for a male Building Maintenance employee who conducts electrical maintenance work:  ASTM F2413-11ANSI Z41 PT 99  M I/75/ C/75/Mt75  EH E. Employees who are exposed to foot hazards AND who regularly operate heavy equipment, large trucks or frequently enter/exit vehicles, must wear protective footwear that extends above the ankle. F. Employees may use local shoe vendors provided that the protective footwear purchased meets items 2 through 4 abovethe aforementioned requirements and the vendors have been approved through the Purchasing Department. Requests for reimbursement shall be submitted through the employee’s supervisor and/or Department HeadPurchases shall be made with Purchase Orders or City issued P-cards. If footwear is purchased through a local vendor, it is the supervisor’s and/or Department Head’s responsibility to inspect the protective footwear for ASTM F2413 ANSI Z41-1999 compliance. G. Departments may host mobile footwear vendors and arrange direct billing at their discretion. If such vendors are used, the vendor must supply a statement that the footwear  meets ANSI Z41-1999ASTM F2413. These vendors shall also be preapproved through the Purchasing Department. H. To limit costs and prevent damage to an employee’s protective footwear, departments should issue appropriate over-boots in situations such as sewer work and work around chemicals, catastrophic events, hazardous substances, concrete, or other materials. I. No affected employee may work without protective footwear where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, and where such employee's feet are exposed to electrical and hazardous substances hazards. If anyone needs information on what type of foot protection is appropriate, contact your department’s Health & Safety Coordinator or the city safetyRisk Management Ccoordinator (Safety) Health & Safety Manager located in the Human Resources Department. POLICY CHANGES: Any and all revisions to this policy that will change the employee allotment amount shall be approved by the City of Clarksville Finance & Administration Committee. All other substance revisions made to this policy shall be approved by the Human Resources Director. I. THIS POLICY IS SUBJECT TO REVISION WITHOUT NOTICE. OFFICIAL DOCUMENT APPROVED BY CITY COUNCIL: MARCH 6, 2003 EFFECTIVE DATE: MARCH 6, 2003 REVISED:__________________________________ _________________________________________ Will Wyatt Michael Worsham, Director of Human Resources  CGW Gas Rate Restructuring Total Charge Gas Rate Impact on City Residential Jul FY 2015 New Rate 12 20 Customers (first year) Aug 12 20 $120 Sep 12 20 $100 Oct 12 19 Nov 23 26 $80 Monthly Bill Dec 68 48 Jan 103 79 $60 FY 2015 Feb 107 81 New Rate $40 Mar 84 63 Apr 46 39 $20 May 19 25 Jun 13 22 $0 511 462 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Charge 1/1/19 Gas Rate Impact on City Residential Jul FY 2015 12 Rate 22 Customers (final year) Aug 12 22 $120 Sep 12 22 $100 Oct 12 21 Nov 23 28 $80 Monthly Bill Dec 68 50 $60 Fy 2015 Jan 103 82 Feb 107 83 Year 3 $40 Mar 84 66 Apr 46 42 $20 May 19 27 $0 Jun 13 24 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 511 488 Sections 13-215 through 13-219 CURRENT LANGUAGE: Sec. 13‐315. ‐ Authorization for pass through adjustment. The chief financial officer/comptroller and the gas manager are hereby authorized to pass gas cost adjustments on to customers, whether increases or decreases, from the supplier of the city gas system to maintain the balanced efficiency of the gas department. The mayor, public utilities committee members and other governmental officials shall be apprised of such increases or decreases, as the case may be, whenever they occur. PASS THROUGH ADJUSTMENT (PTA) Due to the volatility of the unregulated cost of gas at the wellhead, all city gas and water department residential, commercial and high load factor rate classes will be adjusted monthly, increased or decreased, by a value called the "Pass Through Adjustment" or PTA. The PTA adjustment is intended to assure that the city gas and water department adjusts for these volatile changes in the wellhead cost of gas. The "base" cost of gas is the city gas and water department average annual city gate cost of gas. This includes the actual gas plus the interstate pipeline volumetric costs involved in transporting the gas from the source of supply to our city gate regulator station. This cost is established annually and will remain stable throughout our fiscal year (July 1 through June 30). The "monthly" cost of gas is the city gas and water department actual city gate cost of gas compared to the base cost of gas. If the monthly cost of gas exceeds the base cost of gas, the amount will be an increase. If the monthly cost of gas is less than the base cost of gas, the amount will be a decrease. The cost of gas at the wellhead, or source of supply, has been unregulated for years and is affected by free market factors such as supply, demand and competition. The city gas and water department does not profit from the PTA adjustment. It adjusts for the city gas and water department monthly city gate gas costs only. It does not affect operation and maintenance, fixed demand costs, or other costs incurred by the utility. The PTA will be calculated monthly on the last business day of each month to be applied to the first billing that follows. Any balance over or under recovery of gas cost at the end of each month may be passed through the subsequent month PTA accordingly. The "pass through adjustment" shall be effective on bills rendered on or after November 1, 2005. (Ord. No. 17‐2005‐06, 10‐6‐05) Editor's note— Ord. No. 17‐2005‐06, adopted October 6, 2005, amended § 13‐315 in its entirety to read as herein set out. Formerly, § 13‐315 pertained to utility committee authorized to pass on gas adjustments, and derived from the Code of 1963, § 28‐66. Sec. 13‐316. ‐ Residential gas service. (1) Availability. Gas shall be available to any regular residential customer for residential uses where the department's distribution mains are suitable for supplying the desired service. A building shall be considered nonresidential which has more than four (4) apartments. (2) Rates: Residential Gas Service a. Rate schedule No. 1—City rate: Gas rates in the city shall be: Usage (100 cubic Usage Accumulated Amount feet per month) (In 100 CF) Amounts First 3 or less $8.93 for 300 CF or less 3 $ 8.93 Next 37 1.131763 per 100 CF 40 50.81 All over 40 1.064043 per 100 CF b. Rate schedule No. 1‐A—Outside city rate: Gas rates outside the city shall be: Usage (100 cubic Usage Accumulated Amount feet per month) (In 100 CF) Amounts First 3 or less $9.53 for 300 CF or less 3 $ 9.53 Next 37 1.297226 per 100 CF 40 57.53 All over 40 1.219605 per 100 CF General Commercial and Industrial Gas Service c. Rate schedule No. 2—City rate: Gas rates in the city shall be: Billing months of June through October Usage (100 cubic Usage Accumulated Amount feet per month) (In 100 CF) Amounts First 5 or less $13.40 for 500 CF or less 5 $ 13.40 Next 195 1.294227 per 100 CF 200 265.77 Next 1,800 1.130491 per 100 CF 2,000 2,300.66 All over 2,000 1.088209 per 100 CF Billing months of November through May Usage (100 cubic Usage Accumulated Amount feet per month) (In 100 CF) Amounts First 5 or less $13.40 for 500 CF or less 5 $ 13.40 Next 195 1.358941 per 100 CF 200 278.39 Next 1,800 1.187017 per 100 CF 2,000 2,415.02 All over 2,000 1.142620 per 100 CF d. Rate schedule No. 2‐A—Outside city rate: Gas rates outside the city shall be: Billing months of June through October Usage (100 cubic Usage Accumulated Amount feet per month) (In 100 CF) Amounts First 5 or less $14.70 for 500 CF or less 5 $ 14.70 Next 195 1.454325 per 100 CF 200 298.29 Next 1,800 1.270335 per 100 CF 2,000 2,584.90 All over 2,000 1.222823 per 100 CF  Billing months of November through May Usage (100 cubic Usage Accumulated Amount feet per month) (In 100 CF) Amounts First 5 or less $14.70 for 500 CF or less 5 $ 14.70 Next 195 1.527041 per 100 CF 200 312.47 Next 1,800 1.333851 per 100 CF 2,000 2,713.41 All over 2,000 1.283963 per 100 CF HLF (optional) for Large Commercial and Industrial Gas Consumers Having Year‐Round Usage e. Rate schedule No. 3—City rate: Gas rates in the city shall be: Usage (100 cubic Usage Accumulated Amount feet per month) (In 100 CF) Amounts First 104 or less $149.00 for 10,400 CF or less 104 $ 149.00 Next 496 1.024596 per 100 CF 600 657.20 All over 600 0.974646 per 100 CF f. Rate schedule No. 3‐A—Outside city rate: Gas rates outside the city shall be: Usage (100 cubic Usage Accumulated Amount feet per month) (In 100 CF) Amounts First 104 or less $165.88 for 10,400 CF or less 104 $ 165.88 Next 496 1.142426 per 100 CF 600 732.52 All over 600 1.086727 per 100 CF In the event that gas cost adjustments are made pursuant to section 13‐315, then the rates set out above shall be adjusted accordingly. (3) Minimum bill. For services rendered under Rate Schedule No. 1, the minimum monthly bill shall be two dollars and fifty cents ($2.50) net. For services rendered under Rate Schedule No. 1‐A, the minimum monthly bill shall be two and dollars seventy‐five cents ($2.75) net. (4) Payment terms. All bills for service are due upon presentation, and the above stated net rates shall be allowed if payment is made on or before the last day for payment as specified on the bill. Payments made after that date shall be for the gross amount, which will be greater by ten (10) percent than the net billing. (1963 Code, § 28‐67; Ord. No. 7‐1997‐98, 8‐7‐97; Ord. of 12‐14‐00; Ord. No. 82‐2001‐02, Exh. A, 5‐2‐02; Ord. of 9‐27‐05; Ord. No. 17‐2005‐06, 10‐6‐05) Editor's note— Ord. of Dec. 14, 2000 was approved by the Gas and Water Committee. Sec. 13‐317. ‐ General commercial and industrial gas service. (1) Availability. Gas shall be available to any regular commercial or industrial customer where the department's distribution mains are suitable for supplying the desired service. Service will be supplied only through a single metering point. This schedule shall be available to individual apartment houses where service is supplied to more than one family unit through a single meter. (2) Rates. a. Rate Schedule No. 2—City rate: Gas rates in the City of Clarksville shall be: Billing months of June through October Usage Usage Accumulated (100 cubic Amount (In 100 CF) Amounts feet per month) First 5 or less $6.35 for 500 CF or less 5 $ 6.35 Next 45 1.001278 per 100 CF 50 51.40 Next 150 0.847378 per 100 CF 200 178.51 Next 800 0.789666 per 100 CF 1,000 810.24 Next 2,000 0.770428 per 100 CF 23,000 2,351.10 Over 3,000 0.751191 per 100 CF Billing months of November through May Usage Usage Accumulated (100 cubic Amount (In 100 CF) Amounts feet per month) First 5 or less $6.35 for 500 CF or less 5 $ 6.35 Next 45 0.058991 per 100 CF 50 54.00 Next 150 0.895472 per 100 CF 200 188.32 Next 800 0.837759 per 100 CF 1,000 858.53 Next 2,000 0.799284 per 100 CF 23,000 2,457.10 Over 3,000 0.780047 per 100 CF b. Rate Schedule No. 2‐A—Outside city rates: Gas rates outside the City of Clarksville shall be: Billing months of June through October Usage Usage Accumulated (100 cubic Amount (In 100 CF) Amounts feet per month) First 5 or less $6.95 for 500 CF or less 5 $ 6.95 Next 45 1.125107 per 100 CF 50 57.58 Next 150 0.971207 per 100 CF 200 203.26 Next 800 0.913326 per 100 CF 1,000 933.92 Next 2,000 0.894257 per 100 CF 23,000 2,722.44 Over 3,000 0.875019 per 100 CF Billing months of November through May Usage Usage Accumulated (100 cubic Amount (In 100 CF) Amounts feet per month) First 5 or less $6.95 for 500 CF or less 5 $ 6.95 Next 45 1.182819 per 100 CF 50 60.18 Next 150 1.019301 per 100 CF 200 213.07 Next 800 0.961588 per 100 CF 1,000 982.34 Next 2,000 0.923113 per 100 CF 23,000 2,828.57 Over 3,000 0.903876 per 100 CF In the event that gas cost adjustments are made pursuant to section 13‐315, then the rates set out above shall be adjusted accordingly. (3) Minimum bill. For services rendered under Rate Schedule No. 2, the minimum monthly bill shall be three dollars and seventy‐five cents ($3.75) net. For services rendered under Rate Schedule No. 2‐A, the minimum monthly bill shall be four dollars and twelve cents ($4.12) net. (4) Payment terms. All bills for service are due upon presentation and the above‐stated net rates shall be allowed if payment is made on or before the last day for payment as specified on the bill. Payment made after that date shall be for the gross amount, which will be greater by ten (10) percent than the net billing. (1963 Code, § 28‐68; Ord. No. 7‐1997‐98, 8‐7‐97; Ord. of 12‐14‐00; Ord. No. 17‐2005‐06, 10‐6‐05) Editor's note— Ord. of Dec. 14, 2000 was approved by the Gas and Water Committee. Sec. 13‐318. ‐ HLF (optional) for large commercial and industrial gas consumers having year‐round usage. (1) Availability. The HLF rate schedule shall be available to any commercial or industrial consumer using natural gas principally for process steam generation, manufacturing purposes, or any other base‐load application, and where the use of gas for space heating is only incidental. This rate is not available to consumers whose use of gas during the months of least consumption is less than fifty (50) percent of the use of gas during the month of greatest consumption. (2) Rates. a. Rate Schedule No. 3—City rates. Gas rates in the City of Clarksville shall be: Usage Usage Accumulated (100 cubic Amount (In 100 CF) Amounts feet per month) First 104 or less $75.94 for 10,400 CF or less 104 $ 75.94 Next 296 0.804347 per 100 CF 400 314.02 Next 600 0.698541 per 100 CF 1,000 733.15 Next 1,000 0.679303 per 100 CF 2,000 1,412.45 Over 2,000 0.669684 per 100 CF b. Rate Schedule No. 3‐A—Outside city rate. Gas rates outside the City of Clarksville shall be: Usage Usage Accumulated (100 cubic Amount (In 100 CF) Amounts feet per month) First 104 or less $83.30 for 10,400 CF or less 104 $ 83.30 Next 296 0.928176 per 100 CF 400 358.03 Next 600 0.821863 per 100 CF 1,000 851.15 Next 1,000 0.803132 per 100 CF 2,000 1,654.28 Over 2,000 0.793513 per 100 CF In the event that gas cost adjustments are made pursuant to section 13‐315, then the rates set out above shall be adjusted accordingly. (3) Minimum bill. For services rendered under Rate Schedule No. 3, the minimum monthly bill shall be forty‐five dollars ($45.00) net. For services rendered under Rate Schedule No. 3‐A, the minimum monthly bill shall be forty‐nine dollars and fifty cents ($49.50) net. (4) Payment terms. All bills for service are due upon presentation, and the above‐stated net rates shall be allowed if payment is made on or before the last day for payment as specified on bill. Payments made after that date shall be for the gross amount which will be greater by ten (10) percent than net billing. (1963 Code, § 28‐69; Ord. No. 7‐1997‐98, 8‐7‐97; Ord. of 12‐14‐00; Ord. No. 17‐2005‐06, 10‐6‐05) Editor's note— Ord. of Dec. 14, 2000 was approved by the Gas and Water Committee. _____ Sec. 13‐319. ‐ Weighted average cost of gas, interruptible service (WACOG). (1) Availability. WACOG interruptible gas service rate shall be available for eligible commercial or industrial customers for all purposes where the department's distribution mains are suitable for supplying the desired service. The department shall establish guidelines to determine customers eligibility for this service. The customer shall maintain, in a usable condition, facilities for substitute fuel or shall otherwise make provisions for the curtailment of gas service hereunder and shall agree to use such substitute facilities or curtailment provisions in order to curtail the use of gas up to one hundred (100) percent of the maximum requirements immediately upon verbal notice from the department and, after such curtailment, shall refrain from increasing the use of gas until permitted to do so by the department. It is understood and agreed that the department will have the right to cut off gas service to the customer in the event the customer fails to curtail his use of gas in accordance with the department's verbal notice of curtailment. (2) Rate. The rate shall be variable as computed by the department using the weighted average cost of gas (WACOG) plus forty‐eight cents ($0.48) per MCF (1,000 CF) for all gas consumed per month. The department shall compute two (2) separate WACOG rates each month: (1) a market‐based WACOG rate; and (2) a fixed‐variable WACOG rate. For the market‐based WACOG rate, the department shall compute the commodity costs of gas supply as the first of the month index price as published in Inside FERC's Gas Market Report for deliveries into Tennessee Gas Pipeline—Zone 1 per MMBtu, plus fuel, converted to Mcf. For the fixed‐variable WACOG rate, the department shall compute the commodity cost of gas supply as equal to the department's per unit commodity cost of gas supply per MMBtu, including all purchases of fixed price gas, variable priced gas, and hedged gas prices, plus fuel. Each industrial interruptible WACOG customer may make an annual election to take market‐based WACOG pricing for the upcoming twelve (12) months by providing notice in writing to the department by no later than August 15th, with such election to be effective on September 1st. If a WACOG customer does not make such an election, it shall receive fixed‐variable WACOG pricing for the next twelve‐month period. Except as provided herein for the computation of the commodity cost of gas supply, the computation of the market‐based WACOG rate and the fixed‐variable WACOG rate shall be identical. The upstream pipeline transportation and storage costs component of the WACOG rate shall be as computed by the department so as to reflect an allocation of such costs determined by the department to be appropriate under all of the circumstances presented but no less than the unit cost of interruptible transportation service on the Tennessee Gas Pipeline Company System. The department, the mayor, and the gas, water and sewer committee (the utilities committee) of the city council shall have the authority, under circumstances where it is economically feasible and beneficial for the city to do so, to modify the specific terms of the natural gas sales agreement entered into between the department and a specific industrial end use consumer under this section 13‐219 as the department, the mayor, and the utilities committee of the city council deem necessary to induce such consumer to locate plant facilities in the city or the city service area, or to locate plant expansions that will increase the consumer's usage of natural gas at its facilities in the city or the city service area, rather than locating such plant facilities or plant expansions in other locations not serve by the department. (3) Minimum bill. For services rendered under this WACOG rate, the minimum monthly bill shall be one hundred dollars ($100.00) net with a minimum annual net billing of fifteen thousand dollars ($15,000.00). (4) Payment terms. All bills for services are due upon presentation and the above‐stated net rates shall be allowed if payment is made on or before the last day for payment as specified on the bill. Payments made after that day shall be for the gross amount, which will be greater by ten (10) percent than the net billing. (5) Contract period and billing. Contracts shall be for a period of one year with monthly payment of service taken. The customer shall not be allowed to switch from this contract rate during the period covered. (6) Penalty for unauthorized use. In the event a customer uses gas in excess of the daily volumes allowed by the department during a curtailment period, the customer agrees to pay, in addition to the regular rate, an amount the department is penalized by the supplier and/or pipeline for the twelve‐month period immediately following the month in which the breaching of the curtailment agreement occurred. Each unauthorized use of gas, whether occurring in the same month or in different months of a contract year, will be subject to a separate penalty. (1963 Code, § 28‐70, Ord. No. 61‐1989‐90, 9‐6‐90; Ord. No. 7‐1997‐98, 8‐7‐97; Ord. No. 67‐1998‐99, 7‐1‐ 99; Ord. No. 65‐1999‐00, 4‐6‐00)  ORDINANCE 45-2016-17 AN ORDINANCE AUTHORIZING EXTENSION OF CITY OF CLARKSVILLE UTILITY SERVICES OUTSIDE THE CLARKSVILLE CITY LIMITS; REQUEST OF CLINTON BARGER FOR PROPERTY LOCATED AT POPLAR HILLS SECTION 7 SUBDIVISION, CMAP 087 PARCEL 095.01 WHEREAS, proper application has been made by DBS & Associates, Houston Smith, PE on behalf of Clinton Barger for extensions of City utility service to property located at Cmap 087, Parcel 095.01 with the property address of Poplar Hills Section 7 Subdivision outside the corporate boundary of the City, said property and the extension of service thereto, which is more particularly described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the City of Clarksville Gas and Water Department has recommended approval of said application; and WHEREAS, the Gas, Water and Sewer Committee of the Clarksville City Council has recommended approval of said application; and WHEREAS, the Clarksville City Council finds that all of the requirements of City Code Section 13-405 have been or are satisfied and the extension of water and sewer service to property as described in Exhibit A will be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the City of Clarksville Gas, Water and Sewer Department is hereby authorized to extend utility service to property located at Cmap 087, Parcel 095.01 with the property address of Poplar Hills Section 7 Subdivision outside the City corporate limits as described in Exhibit A attached hereto and incorporated herein and subject to and in accordance with the provisions of the City Code and Ordinance 37-2009-10. FIRST READING: SECOND READING: EFFECTIVE DATE EXHIBIT A  RESOLUTION 18-2016-17 A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLARKSVILLE, TENNESSEE AND THE E911 EMERGENCY COMMUNICATION DISTRICT OF MONTGOMERY COUNTY, TENNESSEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby authorizes an interlocal agreement, attached hereto as Exhibit A, between the City of Clarksville, Tennessee, and the Emergency Communication District of Montgomery County, Tennessee. POSTPONED: January 5, 2017 ADOPTED:  RESOLUTION 22-2016-17 A RESOLUTION OF THE CLARKSVILLE CITY COUNCIL APPROVING THE REMOVAL OF AN OFF-PREMISES ADVERTISING STRUCTURE (BILLBOARD) FROM ONE PARCEL AND CONSTRUCTION OF A NEW OFF-PREMISES ADVERTING STRUCTURE (BILLBOARD) ON A DIFFERENT PARCEL (COLLEGE STREET TO BELLAMY LANE) WHEREAS, the City Council of Clarksville amended the Clarksville Zoning Ordinance to prohibit all new off-premises advertising structures by Ordinance No. 13-1996- 67 with an effective date of December 7, 1996; and WHEREAS, the City Council of Clarksville further amended the Clarksville Zoning Ordinance Section 8.2.15 to enable the relocation of any existing off-premises advertising structure from one parcel to another when in the “best interest” of the City and solely at the election of the City Council by Ordinance No. 47- 2009-2010 with an effective date of May 18, 2010; and WHEREAS, non-conforming off-premises advertising structures like other non-conforming uses and structures are given special protection under Tennessee Code Annotated (TCA) Section 13-7-208; and WHEREAS, under TCA 13-7-208, an existing off-premises advertising structure may be relocated or replaced on the same parcel(s) owned on the effective date the structure became non-conforming provided all other sign provisions of the Clarksville Zoning Ordinance are met; and WHEREAS, the off-premises advertising sign industry has faced increasing competition from other means of advertisement such as the internet; and WHEREAS, the relocation of obsolete off-premises advertising structures is a matter of business necessity due to changing development and roadway traffic patterns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby determines that it is in the “best interest” of the City to remove the “off-premises advertising structure” owned/leased by Lamar Advertising Company on the property located at 1361 College Street, Property Tax Map 55-A, Parcel A- 2.00; and to construct a new “off-premises advertising structure” owned/leased by Lamar Advertising Company on the property located at 471 Bellamy Lane, Property Tax Map 40, Parcel 27.10 meeting the requirements of Clarksville Zoning Ordinance Section 8.2.15.A and Chapter 4 and limited to two sign faces back-to-back or v-type at a thirty-degree angle or less. ADOPTED:  RESOLUTION 23-2016-17 A RESOLUTION OF THE CLARKSVILLE CITY COUNCIL APPROVING THE REMOVAL OF AN OFF-PREMISES ADVERTISING STRUCTURE (BILLBOARD) FROM ONE PARCEL AND CONSTRUCTION OF A NEW OFF-PREMISES ADVERTING STRUCTURE (BILLBOARD) ON A DIFFERENT PARCEL (WILMA RUDOLPH BOULEVARD TO LOWES DRIVE) WHEREAS, the City Council of Clarksville amended the Clarksville Zoning Ordinance to prohibit all new off-premises advertising structures by Ordinance No. 13-1996- 67 with an effective date of December 7, 1996; and WHEREAS, the City Council of Clarksville further amended the Clarksville Zoning Ordinance Section 8.2.15 to enable the relocation of any existing off-premises advertising structure from one parcel to another when in the “best interest” of the City and solely at the election of the City Council by Ordinance No. 47- 2009-2010 with an effective date of May 18, 2010; and WHEREAS, non-conforming off-premises advertising structures like other non-conforming uses and structures are given special protection under Tennessee Code Annotated (TCA) Section 13-7-208; and WHEREAS, under TCA 13-7-208, an existing off-premises advertising structure may be relocated or replaced on the same parcel(s) owned on the effective date the structure became non-conforming provided all other sign provisions of the Clarksville Zoning Ordinance are met; and WHEREAS, the off-premises advertising sign industry has faced increasing competition from other means of advertisement such as the internet; and WHEREAS, the relocation of obsolete off-premises advertising structures is a matter of business necessity due to changing development and roadway traffic patterns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby determines that it is in the “best interest” of the City to remove the “off-premises advertising structure” owned/leased by Lamar Advertising Company on the property located at 1500 Wilma Rudolph Boulevard, Property Tax Map 55, Parcel 32.00; and to construct a new “off-premises advertising structure” owned/leased by Lamar Advertising Company on the property located at 2235 Lowes Drive West, Property Tax Map 41-B, Parcel C-7.00 meeting the requirements of Clarksville Zoning Ordinance Section 8.2.15.A and Chapter 4 and limited to two sign faces back-to-back or v-type at a thirty-degree angle or less. ADOPTED:  RESOLUTION 24-2016-17 A RESOLUTION OF THE CLARKSVILLE CITY COUNCIL APPROVING THE REMOVAL OF AN OFF-PREMISES ADVERTISING STRUCTURE (BILLBOARD) FROM ONE PARCEL AND CONSTRUCTION OF A NEW OFF-PREMISES ADVERTING STRUCTURE (BILLBOARD) ON A DIFFERENT PARCEL (MADISON STREET TO TINY TOWN ROAD) WHEREAS, the City Council of Clarksville amended the Clarksville Zoning Ordinance to prohibit all new off-premises advertising structures by Ordinance No. 13-1996- 67 with an effective date of December 7, 1996; and WHEREAS, the City Council of Clarksville further amended the Clarksville Zoning Ordinance Section 8.2.15 to enable the relocation of any existing off-premises advertising structure from one parcel to another when in the “best interest” of the City and solely at the election of the City Council by Ordinance No. 47- 2009-2010 with an effective date of May 18, 2010; and WHEREAS, non-conforming off-premises advertising structures like other non-conforming uses and structures are given special protection under Tennessee Code Annotated (TCA) Section 13-7-208; and WHEREAS, under TCA 13-7-208, an existing off-premises advertising structure may be relocated or replaced on the same parcel(s) owned on the effective date the structure became non-conforming provided all other sign provisions of the Clarksville Zoning Ordinance are met; and WHEREAS, the off-premises advertising sign industry has faced increasing competition from other means of advertisement such as the internet; and WHEREAS, the relocation of obsolete off-premises advertising structures is a matter of business necessity due to changing development and roadway traffic patterns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby determines that it is in the “best interest” of the City to remove the “off-premises advertising structure” owned/leased by Lamar Advertising Company on the property located at 1764 Madison Street, Property Tax Map 65-P, Parcel J- 32.00; and to construct a new “off-premises advertising structure” owned/leased by Lamar Advertising Company on the property located at 2285 Tiny Town Road, Property Tax Map 7, Parcel 4.00 meeting the requirements of Clarksville Zoning Ordinance Section 8.2.15.A and Chapter 4 and limited to two sign faces back-to-back or v-type at a thirty-degree angle or less. ADOPTED:  RESOLUTION 25-2016-17 A RESOLUTION APPROVING A CERTIFICATE OF COMPLIANCE FOR SALE OF WINE AT JORDAN GROCERY WHEREAS, Yonatan Berhe has applied for a Certificate of Compliance from the City of Clarksville according to regulations of the Tennessee Alcoholic Beverage Commission, for sale of wine at Jordan Grocery, located at 1201 Greenfield Drive; and WHEREAS. the applicant or applicants who are to be in actual charge of the business have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten- year period immediately preceding the date of the application; and WHEREAS, the applicant or applicants have secured a location for the business which complies with all zoning laws adopted by the local jurisdiction, as to the location of the business. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby approves a Certificate of Compliance for Yonatan Berhe for sale of wine at Jordan Grocery, 1201 Greenfield Drive, Clarksville, Tennessee. ADOPTED: