METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle,...

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METROPOLITAN UTILITIES DISTRICT Public Hearing & Committee Meetings 8:15 a.m. May 1, 2019 AGENDA 1. Safety Briefing 2. Roll Call 3. Open Meetings Act Notice Public Hearing 1. Presentation of Proposed Billing Price Book [Mark Myers, Manager - Budgeting and Finance] - Tab 5 2. Invitation for Public to Comment Construction and Operations – Frost, Cavanaugh, Friend 1. Capital Expenditures [Cory O’Brien, VP - Engineering and Construction] Tab 6 2. Acceptance of Contracts and Payment of Final Estimates - [Cory O’Brien, VP - Engineering and Construction] Tab 7 3. Bids on Materials and Contracts [Jon Zellars, Director – Purchasing] Tab 8 Services and Extensions – Howard, Friend, Begley 1. Main Extensions [Cory O’Brien, VP - Engineering and Construction] - Tab 9 Judicial and Legislative – Dowd, Cavanaugh, Howard 1. Fourth Legislative Report for 2019 [Rick Kubat, Governmental Relations Attorney] Tab 10 Personnel – Begley, Frost, Friend 1. Wage and/or Salary Increases and Ratifications [Bonnie Savine, VP - Human Resources] - Tab 11 2. Bargaining Unit Wage Reopener Recommendation [Bonnie Savine, VP - Human Resources] - Tab 12 3. Selection of Senior Vice-President/Chief Operations Officer and Senior Vice-President/ Chief Financial Officer [Bonnie Savine, VP - Human Resources] Tab 13 Governance Committee - Begley, Dowd, Cavanaugh 1. Amendments to Board Bylaws [Mark Mendenhall, SVP and General Counsel] Tab 14 Committee of the Whole 1. State of the District Presentation [Mark Doyle, President] Tab 18

Transcript of METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle,...

Page 1: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

METROPOLITAN UTILITIES DISTRICT

Public Hearing &

Committee Meetings

8:15 a.m. May 1, 2019

AGENDA

1. Safety Briefing 2. Roll Call 3. Open Meetings Act Notice

Public Hearing 1. Presentation of Proposed Billing Price Book [Mark Myers, Manager - Budgeting and Finance]

- Tab 5 2. Invitation for Public to Comment

Construction and Operations – Frost, Cavanaugh, Friend 1. Capital Expenditures [Cory O’Brien, VP - Engineering and Construction] – Tab 6 2. Acceptance of Contracts and Payment of Final Estimates - [Cory O’Brien, VP - Engineering

and Construction] – Tab 7 3. Bids on Materials and Contracts [Jon Zellars, Director – Purchasing] – Tab 8

Services and Extensions – Howard, Friend, Begley 1. Main Extensions [Cory O’Brien, VP - Engineering and Construction] - Tab 9

Judicial and Legislative – Dowd, Cavanaugh, Howard 1. Fourth Legislative Report for 2019 [Rick Kubat, Governmental Relations Attorney] – Tab 10

Personnel – Begley, Frost, Friend 1. Wage and/or Salary Increases and Ratifications [Bonnie Savine, VP - Human Resources] -

Tab 11 2. Bargaining Unit Wage Reopener Recommendation [Bonnie Savine, VP - Human Resources] -

Tab 12 3. Selection of Senior Vice-President/Chief Operations Officer and Senior Vice-President/

Chief Financial Officer [Bonnie Savine, VP - Human Resources] – Tab 13

Governance Committee - Begley, Dowd, Cavanaugh 1. Amendments to Board Bylaws [Mark Mendenhall, SVP and General Counsel] – Tab 14

Committee of the Whole

1. State of the District Presentation [Mark Doyle, President] – Tab 18

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METROPOLITAN UTILITIES DISTRICT

Regular Meeting 9:00 a.m. May 1, 2019

AGENDA

1.

2. 3. 4.

Roll Call Open Meetings Act Notice Pledge of Allegiance Approval of Minutes – Committee Meetings & Regular Board Meeting for April 3, 2019

ACCOUNTS, EXPENDITURES,

FINANCE & RATES

5. Billing Price Book (RESOLUTION)

CONSTRUCTION & OPERATIONS

6. 7. 8.

Capital Expenditures Acceptance of Contracts and Payment of Final Estimates Bids on Materials and Contracts

SERVICES & EXTENSIONS

9.

Main Extensions

JUDICIARY & LEGISLATIVE

10.

Fourth Legislative Report for 2019

PERSONNEL 11. 12. 13.

Wage and/or Salary Increases and Ratifications Bargaining Unit Wage Reopener Recommendation Selection of Senior Vice-President/Chief Operations Officer and Senior Vice-President/Chief Financial Officer

GOVERNANCE 14. Amendments to Board Bylaws

BOARD 15. 16. 17.

President’s Performance & Salary Review Other Matters of District Business for Discussion CLOSED SESSION – Litigation & Personnel Matters

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Safety Briefing

METROPOLITAN UTILITIES DISTRICT

Minutes of Committee Meetings

April 3, 2019

Senior Vice-President of Safety, Security and Field Operations Steve Ausdemore provided a briefing regarding the District's safety and security protocol for all individuals in attendance at the Board Meeting in the event of an emergency.

Roll Call Chairman Tim Cavanaugh called the Committee Meetings to order at 8:15 a.m.

On a roll call vote, the following members were present:

Jim Begley Tom Dowd Dave Friend Jack Frost

Mike McGowan Gwen Howard

Tim Cavanaugh Mark Doyle, Secretary and President

Also present were various members of the staff, representatives from I BEW #1521, and other members of the public.

Open Meetings Act Notice Chairman Cavanaugh advised those in attendance that a copy of the Open

Meetings Act was posted in the rear of the Board Room.

Chairman Cavanaugh reminded those in attendance that the Committee Meetings were being livestreamed.

Recognition of Field Service Employees Chairman Cavanaugh presented Outstanding Service Awards to three Field

Service employees: Ted Wiles, Justin Corcoran and Carlos Alvarez, for their selfless acts in emergency situations.

Construction and Operations - Frost, Cavanaugh, Friend Interim Senior Vice-President and Chief Operations Officer Dave De Boer reviewed

the proposed capital expenditures as outlined in the letter to the Committee from Vice­P_resident Cory O'Brien dated March 22, 2019.

Mr. DeBoer reviewed the proposed acceptance of contracts and payment of final estimates as outlined in Mr. O'Brien's letter to the Committee dated March 22, 2019.

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Senior Vice-President and General Counsel Mark Mendenhall reviewed his letter to the Committee dated March 27, 2019 along with a Resolution signed by the Ralston City Council President inviting M.U.D. to submit a proposal to provide natural gas services to the City of Ralston, Nebraska, along with an analysis of the current franchise agreement and the proposed project development.

Mr. Mendenhall reviewed the proposed lnterlocal Agreement with the Nebraska Department of Health & Human Services (DHHS) as outlined in his letter to the Committee dated March 31, 2019, which will continue the current agreement between the District and DHHS for providing water testing results pursuant to the Safe Drinking Water Act, but using instead the legal mechanism of an interlocal agreement between the two public agencies in place of a generic agreement.

Director of Purchasing Jon Zellars reviewed the proposed bids on materials and contracts as outlined in his letter to the Committee dated March 22, 2019.

Services and Extensions - Howard, Friend, Begley Mr. DeBoer reviewed the proposed main extensions as outlined in Mr. O'Brien's

letter to the Committee dated March 22, 2019.

Audit - McGowan, Howard, Dowd Interim Senior Vice-President and Chief Financial Officer Joe Schaffart reviewed

the District's annual audit as outlined in his letter to the Committee dated March 25, 2019, and shared that the District received an unmodified, or "clean" audit opinion. Mr. Schaffart also presented the District's 2018 Financial Review. Mr. Schaffart introduced Kevin Smith, Audit Assurance Partner with RSM, who presented a brief summary of the audit results and associated required communications.

Insurance and Pensions - Howard, McGowan, Begley Mr. Schaffart reviewed the Actuarial and Accounting Reports for the Retirement

Plan for 2018, and pointed out the three documents that had been provided to the Board: the Actuarial Valuation as of January 1, 2019; the GASB Statements No. 67 & 68 Report for the Retirement Plan for M.U.D. Employees; and the Cavanaugh Macdonald Consulting - Retirement Plan for MUD employees - a Summary Presentation of the Highlights of the Actuarial Valuation Results. In light of unrestricted cash balances that are higher than budgeted, Mr. Schaffart presented Management's recommendation to contribute $12.3 million to the pension plan, which is higher than the Actuarially Determined contribution of $11.3 million. Mr. Schaffart introduced Pat Beckham, Principal and Consulting Actuary with Cavanaugh Macdonald, who presented the "Cavanaugh Macdonald Consulting - Retirement Plan for M.U.D. Employees" document and fielded questions from the Board.

Judicial and Legislative - Dowd, Cavanaugh, Howard Governmental Relations Attorney Rick Kubat reviewed his Third Legislative Report

dated March 26, 2019, updating the status and/or position taken on legislative bills that are currently of interest to the District.

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Personnel - Begley, Frost. Friend Vice-President of Human Resources Bonnie Savine reviewed the proposed Wage

and/or Salary Increases and Ratifications as outlined in her letter to the Committee dated March 22, 2019.

Committee of the Whole Senior Vice-President and Chief Information Officer Raied Stanley reviewed the

agreement between the District and HomeServe, a company that provides utility­sponsored home repair programs.

Mr. Stanley reviewed Management's Recommendation for the Building Purchase pertaining to the relocation of the District's headquarters, as outlined in his letter to the Committee dated April 3, 2019.

Mr. Ausdemore provided a presentation on the recent flooding outlining M.U.D.'s extensive efforts that were undertaken to preserve its wellfields and maintain optimal operational capability in order to carry out its mission of providing safe and reliable water to its customers.

At 10:23 a.m., Chairman Cavanaugh announced that the Committee Meetings were concluded and the regular Board Meeting would begin at 10:32 a.m.

MED/mjm

Mark E.Doyle Secretary and President

Committee Meetings & Regular Board Meeting April 3, 2019

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METROPOLITAN UTILITIES DISTRICT

Minutes of Regular Board Meeting

April 3, 2019

The Board of Directors of the Metropolitan Utilities District of Omaha met in the Board Room of the Headquarters Building at 1723 Harney Street in regular session at 10:32 a.m. on April 3, 2019.

Advance notice of the meeting was posted on the first floor of the Headquarters Building from March 6, 2019 to April 3, 2019. Notice of the meeting was published in The Omaha World-Herald on Sunday, March 24, 2019. The agenda of the meeting was available for public inspection at the office of the Secretary and President and delivered to Board Members on March 25, 2019. The agendas and accompanying board documents were posted to the M.U.D. website on April 1, 2019.

AGENDA NO.1 ROLL CALL

Chairman Tim Cavanaugh called the meeting to order at 10:32 a.m. On a roll call vote, the following members were present:

Jim Begley Tom Dowd Dave Friend Jack Frost

Mike McGowan Gwen Howard

Tim Cavanaugh Mark Doyle, Secretary and President

Also present were various members of the staff, representatives from IBEW#1521, and other members of the public.

AGENDA NO. 2 OPEN MEETINGS ACT NOTICE

Chairman Cavanaugh advised those in attendance that a copy of the Open Meetings Act was posted in the rear of the Board Room.

Chairman Cavanaugh announced that the regular Board Meeting was being I ivestreamed.

AGENDA NO. 3 PLEDGE OF ALLEGIANCE

Chairman Cavanaugh invited those who wished to participate, to stand and recite the Pledge of Allegiance.

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AGENDA NO. 4 APPROVAL OF MINUTES FOR COMMITTEE MEETINGS AND REGULAR BOARD MEETING FOR MARCH 61 2019

Mr. Frost moved to approve the minutes of the Committee Meetings and regular Board Meeting for March 6, 2019, which was seconded by Mr. Friend and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137887

AGENDA NO. 5 CAPITAL EXPENDITURES

Mr. Frost moved to approve the capital expenditures as outlined in Mr. O'Brien's letter to the Committee dated March 22, 2019, which was seconded by Mr. Friend and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137888

AGENDA NO. 6 ACCEPTANCE OF CONTRACTS AND PAYMENT OF FINAL ESTIMATES

Mr. Frost moved to approve the acceptance of contracts and payment of final estimates as outlined in Mr. O'Brien's letter to the Committee dated March 22, 2019. The motion was seconded by Mr. Begley and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137889

AGENDA NO. 7 CONSIDERATION OF INVITATION TO PROVIDE GAS SERVICE TO RALSTON, NEBRASKA

Mr. Frost moved to approve the preparation of a proposal to provide natural gas service to the City of Ralston, Nebraska as outlined in Mr. Mendenhall's letter to the Committee dated March 27, 2019, which was seconded by Mr. Begley and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137890

Committee Meetings & Regular Board Meeting April 3, 2019

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AGENDA NO. 8 M.U.D. - NEBRASKA DEPARTMENT OF HEAL TH AND HUMAN SERVICES ("DHHS") INTERLOCAL AGREEMENT

Mr. Frost moved to approve the lnterlocal Agreement between the District and DHHS as outlined in Mr. Mendenhall's letter to the Committee dated March 31, 2019, which was seconded by Mr. Friend and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137891

AGENDA NO. 9 BIDS ON MATERIALS AND CONTRACTS

Mr. Frost moved to approve Management's recommendations with regard to bids for materials and contracts as described in Mr. Zellars' letter to the Committee dated March 22, 2019. The motion was seconded by Mr. Friend and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137892

AGENDA NO. 10 NOTICE OF PURCHASES BETWEEN $25,000 AND $50,000

Mr. Frost requested that the Notice of Purchases between $25,000 and $50,000 be placed on file.

MINUTES FILE DOCUMENT NO. 137893

AGENDA NO. 11 MAIN EXTENSIONS

Ms. Howard moved to approve the main extensions as outlined in Mr. O'Brien's letter to the Committee dated March 22, 2019. The motion was seconded by Mr. McGowan and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137894

AGENDA NO. 12 2018 AUDITED FINANCIAL STATEMENT

Mr. McGowan requested that the 2018 Audited Financial Statement as presented to the Committee by Kevin Smith, Audit Assurance Partner with RSM, be placed on file .

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MINUTES FILE DOCUMENT NO. 137895

AGENDA NO. 13 ACTUARIAL VALUATION REPORT ON THE RETIREMENT PLAN

Ms. Howard moved to approve the 2019 District pension contribution of $12.3 million as recommended by Management during Mr. Schaffart's discussion of pension funding. The motion was seconded by Mr. Begley and carried on a roll call vote.

MINUTES FILE DOCUMENT NO. 137896

AGENDA NO. 14 THIRD LEGISLATIVE REPORT FOR 2019

Mr. Dowd requested that the Third Legislative Report dated March 26, 2019 as presented by Mr. Kubat to the Committee be placed on filed.

MINUTES FILE DOCUMENT NO. 137897

AGENDA NO. 15 WAGE AND/OR SALARY INCREASES AND RATIFICATIONS

Mr. Begley moved to approve the wage and/or salary increases and ratifications as outlined in Ms. Savine's letter to the Committee dated March 22, 2019, which was seconded by Ms. Howard and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137898

The order of the agenda items was altered to permit a Closed Session prior to the vote taken on Agenda No. 16, "Management Recommendation for Building Purchase." A second Closed Session was held immediately following the vote for the purpose of discussing real estate, litigation and personnel matters.

AGENDA NO. 18 CLOSED SESSION -REAL ESTATE

At 10:45 a.m., Mr. Friend moved to go into Closed Session for the purpose. of discussing real estate matters, which was seconded by Mr. Begley and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137899

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Chairman Cavanaugh asked all in attendance except Board Members and designated staff members to please leave through the doors at the rear of the Board Room.

At 11 :14 a.m., Mr. Frost moved to return to Open Session, which was seconded by Mr. Friend and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137900

AGENDA NO. 16 MANAGEMENT RECOMMENDATION FOR BUILDING PURCHASE

Mr. Friend moved to approve Management's recommendation to authorize the President to negotiate and execute a purchase agreement for the building at 7350 World Communications Drive for the purpose of becoming the District's new headquarters. The motion was seconded by Mr. McGowan and carried on a roll call vote.

Voting Yes: Dowd, Friend, Frost, McGowan, Cavanaugh Voting No: Begley, Howard

MINUTES FILE DOCUMENT NO. 137901

AGENDA NO. 18 CLOSED SESSION - REAL EST ATE. PERSONNEL AND LITIGATION MATTERS

At 11:15 a.m., Mr. Dowd moved to return to Closed Session for the purpose of discussing real estate, personnel and litigation matters, which was seconded by Mr. Begley and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137902

Chairman Cavanaugh asked all in attendance except Board Members and designated staff members to please leave through the doors at the rear of the Board Room.

At 12:01 p.m., Mr. Friend moved to return to Open Session, which was seconded by Mr. McGowan and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137903

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AGENDA NO.17 OTHER MATTERS OF DISTRICT BUSINESS FOR DISCUSSION

Mr. Cavanaugh asked if any Board Members or any members of the public had any further comments. There were none.

Mr. Frost moved to adjourn the meeting which was seconded by Mr. McGowan and carried on a roll call vote.

Voting Yes: Begley, Dowd, Friend, Frost, McGowan, Howard, Cavanaugh Voting No: None

MINUTES FILE DOCUMENT NO. 137904

The meeting was adjourned at 12:05 p.m.

MED/mjm

Secretary and President

Committee Meetings & Regular Board Meeting April 3, 2019

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METROPOLITAN UTILITIES DISTRICT Inter-Departmental Communication

April 23, 2019

Subject: REVISION OF PRICES FOR SERVICE WORK AND MATERIALS-BILLING PRICE BOOK

To:

From:

Committee on Accounts, Expenditures, Finance and Rates cc: All Board Members; Doyle, Mendenhall, Stanley, Ausdemore, DeBoer, Schaffart and

all Vice Presidents

Mark F. Myers, Manager, Budgeting & Financial Analysis

A detailed review of the costs to perform various types of service work has recently been completed, the outcome of which is detailed on the attached schedules. These schedules, once approved, are assembled and become our Billing Price Book. To facilitate review, the detailed schedules are accompanied by two summary schedules, as follows:

• Schedule #1 - Frequently Billed Services;

• Schedule #2 - Most Significant Proposed Price Increases and New Billing Items

To provide some perspective, the revenue resulting from items contained in the Billing Price Book generated approximately 2% of the District's consolidated revenue in 2018. Despite this, we approach this process with considerable diligence to ensure we employ the best methodologies to derive the cost associated with these services, as it has been our practice to employ a "cost recovery" philosophy when deriving prices. Because of this, there are a few instances in which the proposed price has decreased from current levels due to reductions in underlying costs, which are generally driven by process changes aimed at improved efficiency. Additionally, there are a few items that are not cost based, but rather serve as penalty fees to dissuade undesirable behavior (e.g . penalty fee for turning on service that has been disconnected).

These proposed prices will be reviewed at a Public Hearing as part of the May 1, 2019 Committee Meeting and will be on the agenda of the May 1, 2019 Board Meeting. It is recommended that the proposed updated prices for service work and materials be approved with an effective date of June 1, 2019. The proposed effective date should allow sufficient time to provide notice to local building contractors .

Mark F. Myers Manager, Budgeting & Financial Analysis

E fi"""<.§=----President

Attachments

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Metropolitan Utilities District

Billing Price Book

Summary of Frequently Billed Services‐Proposed Changes

Public Hearing ‐ May 1, 2019

Current Price

Proposed Price $ %

1) Field Services LaborRate for 30 minutes (including travel) 113.00$ 119.00$ 6.00$ 5.31%Hourly rate after 1/2 hour 165.00$ 173.00$ 8.00$ 4.85%

2) Turn on Gas and/or Water Servicea) New accounts, transfers - Scheduled 91.00$ 95.00$ 4.00$ 4.40%b) New accounts, transfers - Unscheduled-Priority 115.00$ 120.00$ 5.00$ 4.35%

c) Collection accounts - Priority 115.00$ 1st Occurrence 75.00$ 2nd Occurrence 100.00$ 3rd Occurrence 125.00$

- Fee will be based on the number of occurrences in the prior three (3) years

d) Trip Charge for Residential Shut-off N/A 50.00$

3) Water Meter Installation3/4" with ERT 290.00$ 306.00$ 16.00$ 5.52%

4) Water Main Tap and Inspection1" Corporation 439.00$ 439.00$ -$ 0.00%

Schedule #1

Change

Service

G:\GA\PRICEBK\PRICE BOOK 2019\Board Docs\Schedule 1 ‐ BPB 2019_FrequentBillingCharges 4/23/2019 12:26 PM

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Metropolitan Utilities DistrictBilling Price BookSummary of Most Significant Proposed Price Increases Public Hearing - May 1, 2019

Current Price

Proposed Price $ %

% Increase > 15% None

"Absolute" Dollar Increases >$200 Not Addressed Above None

New Billing Items

1) Hydrant Flow Test N/A 350.00$ Fee for performing a hydrant flow test at customer's request

Schedule #2

Change

Service

G:\GA\PRICEBK\PRICE BOOK 2019\Board Docs\Schedule 2 ‐ BPB 2019_SignificantPriceChanges 4/23/2019 12:31 PM

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Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

It is recommended that the following hourly rates and fixed prices be adjusted as proposed

effective June 1, 2019.

Current  

Billing Price Present Proposed

Book Page     Price       Price    

1 Field Services Labor:

Rate for 30 minutes ‐ on premises

One employee ‐ straight time 113.00$            119.00$           

One employee ‐ overtime 134.00              141.00             

Two employees ‐ straight time 220.00              231.00             

Two employees ‐ overtime 263.00              277.00             

Hourly rate ‐ after 1/2 hour on premises

One employee ‐ straight time 165.00              173.00             

One employee ‐ overtime 196.00              207.00             

Two employees ‐ straight time 322.00              338.00             

Two employees ‐ overtime 385.00              405.00             

1 Repeat CGI charge ‐ second trip if CGI and

subsequent trips if CGI 60.00                 64.00                

5 Measurement labor performed in the field:

Minimum charge ‐ up to 1/2 hour on premises

One employee ‐ straight time 102.00              106.00             

One employee ‐ overtime 118.00              123.00             

Two employees ‐ straight time 189.00              198.00             

Two employees ‐ overtime 221.00              230.00             

5 Measurement labor performed in the field 

Hourly rate ‐ after 1/2 hour on premises

One employee ‐ straight time 149.00              156.00             

One employee ‐ overtime 173.00              180.00             

Two employees ‐ straight time 277.00              289.00             

Two employees ‐ overtime 323.00              336.00             

5 Measurement labor performed in the shop

Straight time rate 122.00              126.00             

7 Water Distribution labor rates for operating

hydrants which includes furnishing hose

Minimum charge ‐ up to 1/2 hour on premises

One employee ‐ straight time 77.00                 78.00                

One employee ‐ overtime 93.00                 94.00                

Two employees ‐ straight time 149.00              149.00             

Two employees ‐ overtime 181.00              181.00             

Hourly rate ‐ after 1/2 hour on premises

One employee ‐ straight time 113.00              113.00             

One employee ‐ overtime 136.00              137.00             

Two employees ‐ straight time 218.00              218.00             

Two employees ‐ overtime 265.00              265.00             

10 Replace flexible connector ‐ per trip ( plus material ) 57.00                 60.00                

10 Pilot lighting (furnace, water heater, etc.) 113.00              119.00             

(To include gas leak calls where there is none)

G:\GA\PRICEBK\PRICE BOOK 2019\Board Docs\Board Review - BPB 2019_Summary_For Board Presentation Page 1 of 10

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Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

Current  

Billing Price Present Proposed

Book Page     Price       Price    

10 Repair and/ or Service Range or Dryer T &M T &M

Connect / Disconnect Range or Dryer 57.00$              60.00$             

( Does not include fuel line installations )

11 Inspection fee ‐ requiring two men ‐ per unit

charge ‐ commercial and industrial 140.00              150.00             

Second unit ‐ same address ‐ same application 123.00             

* Each additional unit ‐ same address ‐ same application 63.00                 75.00                

11 Inspection fee ‐ gas fired appliances ‐ residential,

commercial and industrial, requiring one man

First unit each application 98.00                 98.00                

Second unit ‐ same address ‐ same application 92.00                

  * Each additional unit ‐ same address ‐ same application 48.00                 48.00                

11 Failure to pass inspection for the third and each 

subsequent inspection

First unit ‐ each application 98.00                 98.00                

Second unit ‐ same address ‐ same application 92.00                

* Each additional unit ‐ same address ‐ same application 48.00                 48.00                

* Defined as 3 or more units.  Discount for multiple

inspections would apply to buildings with one access‐

ible address.  Multiple bays, duplexes, condos, and

townhomes would not receive this discount.

11 Air test gas fuel lines for commercial customers 119.00              120.00             

12 Modification and Relocation of Existing Gas Fired Appliances

First unit each application 49.00                

Each additional unit ‐ same address ‐ same application 24.00                

Five or more modifications to existing units T &M

13 Service diversion charge

Residential ‐ Water or Gas Service Bypass 446.00              465.00             

Commercial ‐ Water or Gas Service Bypass 446.00              465.00             

Unauthorized use of hydrant ‐ Bypass 446.00              465.00             

( Includes improper use of backflow meter assembly )

Unauthorized Turn on Fee 30.00                 30.00                

13 Turn‐on gas and/or water service after turn‐off for

non‐payment of bills or violation of District rules 115.00             

1st Occurrence 75.00                

2nd Occurrence 100.00             

3rd Occurrence 125.00             

‐ Fee will be based on the number of occurrences in the prior three (3) years

13 Damage to special locking device (gas/water) 56.00                 57.00                

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Page 17: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

Current  

Billing Price Present Proposed

Book Page     Price       Price    

13 Turn‐on gas and/or water service

Regular turn‐on, MUD reads meter 91.00$              95.00$             

Read meter for move‐in, MUD reads meter 44.00                 44.00                

Regular turn‐on, priority service, MUD reads meter 115.00              120.00             

Regular move‐in, customer reads meter, no trip required 16.00                 No charge

Leave on for default, MUD reads meter 44.00                 44.00                

Leave on for default, owner reads meter 16.00                 No charge

Apartment ownership changes ‐ per turn‐on 91.00                 95.00                

Apartment ownership changes ‐ max per apartment address 196.00              206.00             

14 Monthly Manual Read Fee 25.00                 25.00                

‐ For customer's electing not to have ERT on their meters.

14 Trip Charge for Residential & Commercial Shut‐off 50.00                 50.00                

‐ Fee for sending a Collector out to shut off gas or water service on a residential or commercial account

14 Insufficient fund check charge 39.00                 40.00                

14 Default Notification/Revert Letters  $2 additional fee to 

leave on agreement price

(Addition to the "default" prices above)

14 Preparing Customer Documents

Costs may be charged pursuant to the provisions of the Public Records Statute.

Water Meter Pricing

Prices with Couplings and Nipple

All New Construction Must Be 3/4" Meters Or Larger

1. MUD installs Meter (No sales tax)

Meter Size                  Meter

15      5/8” Meter with ERT 269.00 290.00

     3/4” Meter with ERT 290.00 306.00

     1” Meter with ERT 326.00 346.00

ERTs in meter vaults ‐ add $70.00 to the above prices

15 2. Plumber installs meter (add sales tax)

(Includes Flange)

   1‐1/2” Disc w/ ERT 471.00 507.00

   2” Disc w/ ERT 642.00 668.00

   2” Turbo w/ Remote 941.00 980.00

   3” Turbo w/ Remote 889.00 925.00

   3” Compound w/ Remote 1,854.00 1,933.00

   4” Turbo w/ Strainer and Remote 1,644.00 1,713.00

   4” Compound w/ Remote 3,104.00 3,236.00

   6” Turbo w/ Strainer and Remote 2,916.00 3,041.00

ERTs in meter vaults ‐ add $70.00 to the above prices (plus sales tax)

15 3. Install water remote ‐ over 3” meters T &M T &M

(when ERT installation is not compatible on compound/ large meters )

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Page 18: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

Current  

Billing Price Present Proposed

Book Page     Price       Price    

Couplings, Riser and Box Covers

16 Water meter riser

5/8” couplings per pair 10.00$             

3/4” couplings per pair 9.00                  

 1”    couplings per pair 14.00                

5/8" X 9" riser 123.00              132.00             

16 24" Cover and ring for new service with outside meter box 269.00              270.00             

16 Vandal proof box for post‐mounted remote index

for water meter in pit 10.00                 10.00                

16 Cash Allowances

Trade‐in allowance

     5/8” Disc 5.00                   5.00                  

     3/4” Disc 5.50                   5.50                  

     1” Disc 7.00                   7.00                  

The above allowances are for meters originally purchased 

by the District and for meters purchased by water systems 

now operated by the District.  Meters 1‐1/2" and larger must be 

appraised by the Measurement Division to determine cash 

or trade‐in allowance.

The full sales price for water meters will be collected at the

time of sale unless prior appraisal for the trade‐in has been

received from the Measurement Division.

16 Testing Water Meters at Customer’s Request

Meter determined to be 2% fast or less 106.00              106.00             

Meter more than 2% fast No charge  No charge 

Water meter 1‐1/2” or larger T &M T &M

17 Frozen, Burnt, or Missing Meters

* 5/8” meter  269.00             

* 3/4” meter 290.00             

* 1” meter 326.00             

Meter larger than 1” T &M

Customer calls for these types of meters shall be handled by Customer Service. If a customer brings a

frozen or burnt meter in to MUD, the customer shall be referred to Measurement division for possible billing.

17 Hydrant Meters Assembly

1. License required and daily rental fees and deposit

a)  License requirement ‐ all District‐approved firms

     or persons requesting use of District fire hydrants

     must be licensed.  There is no license fee.

b)  All persons using District fire hydrants must rent a

     hydrant meter and backflow device from the District

     to measure the water used.

c)  All water used will be billed at regular Schedule W‐2

     water rates plus sales tax which is in addition to rental fees.

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Page 19: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

Current  

Billing Price Present Proposed

Book Page     Price       Price    

17 2. Rental Fees

Processing & testing charge  159.00$            165.00$           

Daily fee plus sales tax (March 1 ‐ November 30) 15.00                 15.00                

Daily fee plus sales tax (December 1 ‐ February 28) 25.00                 25.00                

Deposit* 750.00              750.00             

* Not required if applicant is a current customer

      residing in MUD service area with active

      business account with a good credit experience.

Hydrant Flow Test ‐ NEW N/A 350.00$           

Fee for performing a hydrant flow test at customer's request

19 Water Main Connection Charges

Connection charge rate for mains installed prior to 1989

Contact Builder & Contractor Services for rate

Connection charge rate for mains installed in 1989

through 1993 (price per foot)

Residential lots or parcel 13.45                 13.45                

Commercial lots or parcel ‐ 6" Main 13.45                 13.45                

Commercial lots or parcel ‐ 8" Main or larger 17.74                 17.74                

Connection charge rate for mains installed after 1993

Charge is based on the actual cost of the main.  Contact

Accounting for rate.

19 Private Line Fee

Residential Lot 4,400.00           4,400.00          

No additional charges will be made against the original

applicant if and when a main is extended to abut

their property.

Commercial Lot 5,645.00           5,645.00          

The flat charge will be credited towards future connection

charges and if and when a main is extended to abut

their property.

20 Water sales Florence (sales tax inc.) 0.25                   0.25                  

140 gallons 130 gallons

20 Tap and Inspection

3/4” corporation 421.00              421.00             

1” corporation ‐ 6” to 18” main 439.00              439.00             

Inspection of service ‐ pretapped mains 60.00                 66.00                

Once approved, an additional water inspection fee

will apply to any service connections made by a

licensed master plumber on a master water service.

Normal tapping fees will apply if the connection to 

the private water main is made by MUD. 60.00                 66.00                

Inspection of existing service approved for reuse 60.00                 66.00                

Taps not ready when called for 250.00              257.00             

Extra charge for special tap (taps not called for by 

      2:00 p.m. the previous day) 60.00                 66.00                

4 x 1 taps 486.00              504.00             

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Page 20: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

Current  

Billing Price Present Proposed

Book Page     Price       Price    

20 Corporation Price (not including labor)

3/4" 58.00$              58.00$             

1" 74.00                 75.00                

1 1/2" 155.00              156.00             

2" 267.00              289.00             

21 Taps on PVC Mains (includes saddle)

4x3/4" 441.00 458.00

4X1 486.00 504.00

6x3/4" 451.00 469.00

6X1 475.00 493.00

8x3/4" 469.00 486.00

8X1 525.00 543.00

10x3/4" 588.00 606.00

10X1 522.00 540.00

12X1  497.00 515.00

21 Taps on HDPE Mains

6x3/4" T&M T&M

6X1 T&M T&M

8x3/4" T&M T&M

8X1 T&M T&M

12X1 T&M T&M

Large Water Taps

21 ‐ 22 1‐1/2” and 2” Water Taps (by size)

6 x 1‐1/2 660.00              664.00             

6 x 2 825.00              796.00             

8 x 1‐1/2 710.00              670.00             

8 x 2 854.00              819.00             

10 x 1‐1/2 757.00              706.00             

10 x 2 904.00              856.00             

12 x 1‐1/2 829.00              762.00             

12 x 2 960.00              900.00             

14 x 1‐1/2 813.00              749.00             

14 x 2 1,033.00           1,109.00          

16 x 1‐1/2 1,220.00           1,118.00          

16 x 2 1,387.00           1,306.00          

22 Taps on PVC Mains 

6X1 1/2 T&M T&M

6X2 T&M T&M

8X1 1/2 T&M T&M

8X2 T&M T&M

10X1 1/2 T&M T&M

10X2 T&M T&M

12X1 1/2 T&M T&M

12X2 T&M T&M

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Page 21: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

Current  

Billing Price Present Proposed

Book Page     Price       Price    

23 Large Water Taps *

4 x 4 3,337.00           3,453.00           **

6 x 4 2,076.00           2,147.00          

6 x 6 4,055.00           4,212.00           **

8 x 4 2,218.00           2,316.00          

8 x 6 2,513.00           2,629.00          

8 x 8 4,481.00           4,635.00           **

10 x 4 2,251.00           2,342.00          

10 x 6 2,305.00           2,367.00          

10 x 8 3,264.00           3,344.00          

12 x 4 2,263.00           2,442.00          

12 x 6 2,599.00           2,667.00          

12 x 8 3,020.00           3,143.00          

12 x 12 6,197.00           6,349.00           **

16 x 4 2,741.00           2,818.00          

16 x 6 2,889.00           2,936.00          

16 x 8 3,340.00           3,419.00          

16 x 12 4,806.00           4,728.00          

* material for taps includes tapping sleeve, MJX flange gate valve, machine bolts

and nuts for valve, full face gasket,  MJ plug and/or equivalent material.

** price includes cutting in tee ‐ instead of using tapping sleeve.

    Note:  The above prices are for tapping existing water mains, or for installation with a new main. 

Prices for sizes not listed are to be obtained from the Engineering Division on an individual basis.

24 Large Water Service Cut Offs

The following prices apply when a contractor excavates the main and MUD only does the cut off.

4" 4,350.00           4,545.00          

6" 4,444.00           4,639.00          

8" 4,500.00           4,695.00          

10" 5,199.00           5,394.00          

12" 5,292.00           5,487.00          

14" 6,213.00           6,408.00          

16" 6,816.00           7,011.00          

24 Operating Water Curb Stop Valves for Turn‐off/on Requests

Emergency turn‐off No charge  No charge 

Turn‐on following emergency 91.00                 95.00                

Customers convenience water off request at stop‐box 91.00                 95.00                

Locating Water Stop Boxes  

24 Tracing out water lines ‐ Commercial T&M T&M

   ‐ Minimum Charge 113.00              119.00             

24 Submeter ‐ monthly charge to read 10.00                 10.00                

25 Backflow prevention testing 87.00                 100.00             

Testing multiple backflow devices under same

ownership and same general vicinity T &M T &M

 ‐ Minimum charge 87.00                 100.00             

26 Valves and valve boxes ‐ repair or replacement of  T & M T & M

private valves and valve boxes

26 Test water for possible lead contamination 206.00              210.00             

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Page 22: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

Current  

Billing Price Present Proposed

Book Page     Price       Price    

27 ‐ 28 IMPACT FEE

Effective June 1, 2019

CONTINUOUS *

SIZE TYPE FLOW RATING FLOW RATIO CURRENT NEW

Rate per gpm 87.63$ 89.82$

5/8" Disc 10 gpm 1 876.00$ 898.00$

3/4" Disc 15 gpm 1.5 1,314.00$ 1,347.00$

1" Disc 25 gpm 2.5 2,191.00$ 2,246.00$

1 1/2" Disc 50 gpm 5 4,382.00$ 4,491.00$

2" Disc 80 gpm 8 7,010.00$ 7,186.00$

2" Turbo 160 gpm 16 14,021.00$ 14,371.00$

3" Compound 160 gpm 16 14,021.00$ 14,371.00$

3" Turbo 350 gpm 35 30,671.00$ 31,437.00$

4" Compound 250 gpm 25 21,908.00$ 22,455.00$

4" Turbo 1000 gpm 100 87,630.00$ 89,820.00$

6" Compound 500 gpm 50 43,815.00$ 44,910.00$

6" Turbo 2000 gpm 200 175,260.00$ 179,640.00$

8" Turbo 2800 gpm 350 245,364.00$ 251,496.00$

10" Turbo 3200 gpm 550 280,416.00$ 287,424.00$

* Manufacturer's rating

The impact fee is based on the added demand to the water system, as measured by the 

size of the water meter.

METER

As new water demands are connected to the distribution system, additional capacity is needed to assure adequate flows and 

pressures from source of supply to general areas of consumption.  Such capacity may be achieved through the building of 

reservoirs and/or pump stations in addition to looping, oversizing, enlarging, and reinforcing portions of the water 

distribution system.  The purpose of the impact fee is to pay for a major portion of these growth related costs without 

placing additional undue burden on existing customers.

Impact Fees will be assessed on each water meter purchased from the District.  The fees will be assessed on the size of the meter.  When 

upgrading to any larger size meter, the applicant will pay the difference in impact fees, at the current rates, between the existing meter 

and the larger meter.

IMPACT FEE

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Page 23: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

Current  

Billing Price Present Proposed

Book Page     Price       Price    

29 Gas Service Installation, Service and Meter Enlargement

A.  General Requirements

1. Fixed or firm prices and deposits for estimated T&M installations will be payable

at the time application is made.

2. The first 100 feet of service from property line to the meter location will be provided

at no charge to  the  customer  providing  the  following  requirements are met :

1,350.00$         1,350.00$        

      the right to place the service and meter in the most economical location. If this 

      requirement is not met (i.e.‐the applicant requests the meter to be placed in a 

       non‐standard location which will cause increased costs for the District), the cost 

       of the service will be based on a firm price provided by the District. Firm Firm

3. Single dwelling unit ‐ all above requirements are met ‐ No charge.

4. Duplex ‐ per service ‐ all above requirements met ‐ No Charge.

5. Rehab houses ‐ new application needed ‐ all above requirements are met ‐ No Charge.

6. All units ‐ excess footage charge:

•  Summer (March 16 ‐ December 14) ‐ $15.00/ft (to be evaluated each year) 13.80                 15.00                

•  Winter (December 15 ‐ March 15) ‐ $16.50/ft (to be evaluated each year) 15.20                 16.50                

7. A priority schedule fee of $200.00 (to be evaluated each year) shall be billed only in those instances

where the applicant requests priority scheduling. 200.00              200.00             

30 B. Residential ‐ Detached Building/Separate Service 

Gas service installation shall be provided in accordance with Section A, General Requirements, 

Part 2 (listed above).  M.U.D. shall determine if a separate service or branch service off the house 

service line shall be installed to supply gas to the detached building.

30 C. Other Firm Service Billings

1. All other firm service installations and enlargements ‐ new installation

a)   Where installation is to provide additional gas load includes underground

service piping from main to the meter.

30 2. Service and/or meter relocation

a)   when no increase in load made               Firm                Firm 

b)   when gas load and gas usage is increased  * *

c)   Residential Only ‐ Move service riser and

meter to outside ‐ same location               Firm                Firm 

30 3. Meter Enlargement, Meter Sets, Resets, Reconnections of Gas Load

a)   where installation results in increased gas load and gas usage * *

b)   where installation results in increased gas load but no increase in gas usage               Firm                Firm 

c)   Reset residential gas meters if removed for District's convenience No Charge No Charge

d)   Reset commercial gas meter if removed for District's convenience No Charge No Charge

e)   Reconnect residential gas service cut off less than one year ago No Charge No Charge

f)   Meter sets for old buildings converted to apartments, condominiums, offices

and shops No Charge No Charge

31 g)   Reconnect due to condemnation ‐ same owner. 675.00              675.00             

h)   Installation of meter sets to divide building load among tenants 

when gas service has been previously inactive. No Charge No Charge

i)   Where meter installation is for dividing building load among

tenants or for any other customer convenience               Firm                Firm 

j)   Installation of additional gas meter in existing duplexes               Firm                Firm 

k)   Consolidate load (eliminate meter)               Firm                Firm 

* Evaluate on individual basis based on projected load

 •  The meter is located on the side of the house. However, the District reserves  

 •  The meter is installed and account activated within six months of the service 

         installation date.  If this requirement is not met, the cost of the service is  

         $1,350.00 (to be evaluated each year).  

G:\GA\PRICEBK\PRICE BOOK 2019\Board Docs\Board Review - BPB 2019_Summary_For Board Presentation Page 9 of 10

Page 24: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Metropolitan Utilities District

PROPOSED REVISIONS OF DISTRICT BILLING PRICES

Current  

Billing Price Present Proposed

Book Page     Price       Price    

31 4. Priority Gas Service Cut‐off 

‐ Expedited Service: 7 working days 500.00              500.00             

31 5. Sub‐meters 

a) Residential multiple housing units T &M T &M

(includes ERT meter)

b) Other T &M T &M

31 6. Excess Flow Valve

‐ Installation of Excess Flow Valve at customer's request 800.00$            800.00$           

31 D. Commercial‐Firm New Service Installation with Main Abutting Property,

Service Enlargement, Conversions and Relocations

Marketing/Engineering will evaluate on an individual basis based on project load.

32 E. Interruptible Service Installations, Enlargements or Relocations with 

Main Abutting Property

1. New installations and enlargements

a. Underground service piping from main to the meter * *

b. Metering equipment and installation No Charge No Charge

c. Meter Reading equipment (i.e. Metretek) ‐ customer to provide 

          phone line and power T &M T &M

2. Service Relocation T &M T &M

3. Meter Relocation T &M T &M

   * Evaluate on individual basis based on projected load.

METER PRICES ‐ GAS

33 A. Testing Gas Meters at Customer's Request

Meter determined to be 2% fast or less 106.00              106.00             

Meter more than 2% fast No Charge No Charge

Gas meter over 750 cubic feet per hour T &M T &M

33 B. ERT Reading Devices

Install ERT reading device on existing gas meter 100.00              107.00             

 ‐ scheduled or unscheduled meter change

33 C. Submeter ‐ monthly charge to read and bill 8.00                   9.00                  

D. Gas Meter Replacement N/A 407.00             

Replacement of broken or damaged gas meter

G:\GA\PRICEBK\PRICE BOOK 2019\Board Docs\Board Review - BPB 2019_Summary_For Board Presentation Page 10 of 10

Page 25: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

May 1, 2019

Metropolitan Utilities District Billing Price Book Update

Page 26: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Water Infrastructure Charge4%

Gas Infrastructure Charge4%

Other Revenue1%

"Price Book" 

Revenue2%

Water Sales28%

Gas Sales61%

2018 Total Revenue = $358.0M2

Billing Price BookComponents of Revenue

2018

Note: “Other Revenue” includes late payment charges, rents, gas transportation revenue, and private fire protection.

($5.4M)

Page 27: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

3

Billing Price BookFrequently Billed Services

Current Price

Proposed Price $ %

1) Field Services LaborRate for 30 minutes (including travel) 113.00$ 119.00$ 6.00$ 5.31%Hourly rate after 1/2 hour 165.00$ 173.00$ 8.00$ 4.85%

Change

Service

2) Turn on Gas and/or Water Servicea) New accounts, transfers - Scheduled 91.00$ 95.00$ 4.00$ 4.40%b) New accounts, transfers - Unscheduled-Priority 115.00$ 120.00$ 5.00$ 4.35%

c) Collection accounts - Priority 115.00$ 1st Occurrence 75.00$ 2nd Occurrence 100.00$ 3rd Occurrence 125.00$

- Fee will be based on the number of occurrences in the prior three (3) years

d) Trip Charge for Residential Shut-off N/A 50.00$

3) Water Meter Installation3/4" with ERT 290.00$ 306.00$ 16.00$ 5.52%

4) Water Main Tap and Inspection1" Corporation 439.00$ 439.00$ -$ 0.00%

Page 28: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

4

Billing Price BookMost Significant Proposed Price Increases

Current Price

Proposed Price $ %

% Increase > 15% None

"Absolute" Dollar Increases >$200 Not Addressed Above None

Change

Service

New Billing Items

1) Hydrant Flow Test N/A 350.00$ Fee for performing a hydrant flow test at customer's request

Page 29: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

RESOLUTION 

 

BE  IT  RESOLVED  by  the  Board  of  Directors  of  the  Metropolitan  Utilities 

District of Omaha that the revision of billing prices for service work and materials 

as recommended by Management in a letter dated April 23, 2019, signed by Mark 

F. Myers, Manager, Budgeting & Financial Analysis, together with the attachments 

thereto,  filed  in  Minutes  Document  No.  _____________,  be  and  are  hereby 

adopted, and all rates for service work and materials shall be effective June 1, 2019. 

 

Adopted: 

 

Page 30: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

METROPOLITAN UTILITIES DISTRICT Inter-Department Communication

April 17, 2019

Subject: CAPITAL EXPENDITURES

To: Committee on Construction and Operations cc: all Board Members, Doyle, Mendenhall, Schaffart, DeBoer, Ausdemore,

Stanley and all Vice Presidents

From: Cory J. O'Brien, Vice President, Engineering and Construction

The following items will be on the May 1, 2019 Committee Agenda for consideration and the May 1, 2019 Board Agenda for approval:

BUILDINGS, PLANTS AND EQUIPMENT

1. 100090001338 - $62,000 - Purchase six excavation shoring boxes, Construction. The current shoring boxes are shared amongst all the crews, limiting their availability based on project duration. The new shoring boxes will be dedicated to the five existing main gangs and the water infrastructure replacement main gang being formed this year. This will increase availability of the current boxes to the remaining crews. These additional boxes will help all the crews be more efficient with excavation work.

2. 100090000034 - $60,000 - Purchase battery-operated tools and accessories, Stores. The Stores division supplies, maintains and tracks battery­operated tools from the tool room, and for approximately 60 crews. The Stores division currently handles these battery-operated tools from a variety .of manufacturers. This leads to significant inventory challenges. Switching to one industry-leading tool manufacturer will better meet the operational needs of the District by improving efficiencies and inventory controls. Included with this new system is a three-year warranty which covers tool repair and replacement.

3. 100083001098 - $550,000 - Low service suction header valve replacement, Florence. This request is for the replacement of two 48-inch valves in the suction header between the low service pump house and the two intake houses. Three existing valves do not adequately close to isolate flow in the common suction header. Two of the valves will be replaced with new butterfly valves and one is no longer needed and will be removed and replaced with a section of pipe. This work is required to be completed after summer high pumpage and prior to additional work at the low service pump station. This project is part of the Valve Replacement Program in the Florence Capital Improvement Plan.

4. 100083001099 - $193,000 - Rail track maintenance, Florence. Florence receives dry lime on rail car through Union Pacific. The rail track on the plant property is

Page 31: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

required to be maintained by the District. Several of the wood ties are showing signs of rotting and splitting and need replacement. There are four switches that need to be replaced that no longer function properly. The track is also out of gage in some areas and will be reset as a part of this project.

Approved:

r)IM~ Mark E. Doyle President

ca&~, Vice President, Engineering and Construction (402) 504-7851

-2-

Page 32: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

METROPOLITAN UTILITIES DISTRICT Inter-Department Communication

April 19, 2019

Subject: ACCEPTANCE OF CONTRACTS AND PAYMENT OF FINAL ESTIMATES

To: Committee on Construction and Operations cc: all Board Members, Doyle, Mendenhall , Schaffart, DeBoer, Ausdemore, Stanley and

all Vice Presidents

From: Cory J. O'Brien, Vice President, Engineering and Construction

Work has been satisfactorily completed on the following contracts and final payment is recommended:

Contract Board Amounts

Approval Date *Unit Price Bid Actual Final

a. Est. 5 - A. Raymond Plumbing, 100055001213, Install water

July 5, 2017 $139,361 .05 $129,700.30 $18,878.95 mains in Sagewood Pointe, 180th

and Fort Streets.

Comments: There were reductions in unit quantities of $3,105.65 and $7,155.10 for extra flushing. There was an additional cost of $600.00 to install the mains in frost conditions.

Contract Board Amounts

Approval Date *Unit Price Bid Actual Final

b. Est. 4 - Q3 Contracting, Inc., 100092001523, 100082000040-43, 100042000001, Gas main October 3, 2017 $2,180,787.51 $1,998,551.24 $343,700.63 replacement, 13th to 24th Streets, "M" to Jefferson Streets.

Comments: There were reductions in unit quantities of $165,116.58 due to overestimation of the amount of restoration needed and $17,119.69 for repairs to a water main and service, a gas main and service and for failed compaction tests.

Contract Board Amounts

Approval Date Bid Actual Final

c. Est. 4 - Olsson, 100083001078, Professional engineering services to perform a

October 25, 2018 $15,000.00 $15,000.00 $2,170.84 pump operator and generator replacement for the 36th and Edna Water Pump Station .

Comments: All work has been completed by the contractor, is acceptable and in compliance with the scope of work.

Page 33: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Contract Board Amounts

Approval Date *Unit Price Bid Actual Final

d. Est. 3 - Tab Construction Co., 100055001185, 100057000432-33, 100057000439, 100057002542, Install water April 5, 2017 $199,766.50 $209,832.46 $74,966.75 mains for Thrasher Addition, Valley Ridge Drive from 114th to 120th Streets.

Comments: There were additional costs in unit quantities of $3,582.86 and $9,125.00 for an excavation deeper than standard, installation in frost conditions, seeding and soil erosion control stabilization and additional mobilization to the site. There was a reduction of $2,641.90 for an unscheduled water main shutdown to repair a leak caused by the contractor.

*Based upon Engineering's estimated unit quantities.

Approved:

Co(::r~ Vice President, Engineering and Construction (402) 504-7851

-2-

Page 34: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

METROPOLITAN UTILITIES DISTRICT Inter-Department Communication

April 19, 2019

Subject: BIDS ON MATERIALS AND CONTRACTS DURING THE MONTH OF APRIL

To: Construction & Operations Committee cc: All Board Members, Doyle, Ausdemore, DeBoer, Mendenhall, Schaffart, Stanley

and all Vice Presidents

From: Jon A. Zellars, Director, Purchasing

The following items will be on the May 1, 2019 Committee Agenda for consideration and the May 1, 2019 Board Agenda for approval. The recommended bid is balded and listed first.

WATER/GAS MAIN CONTRACTS

Item

Install Water Mains in Highland Hills 168th and Ida Streets 100055001251 WP1576 Engineering Estimate: $227,315 .00

Bids Sent / Rec'd

18/2

Bidders

Cedar Construction Kersten Construction

Bid Amount

$214,229.50 262,732.00

(A C&A in the amount of $283,859 .00 will be presented to the Board on May1, 2019 for approval.)

Install Water Mains in Plaza 133 101 st Street and Blair High Road 100055001261 WP1606 Engineering Estimate: $265,936.00

18/3 Valley Corporation Cedar Construction Kersten Construction

$265,083.78 273,935.00 307,149.00

(A C&A in the amount of $348,190.00 will be presented to the Board on May 1, 2019 for approval.)

Install Water Mains in Chestnut Hills 17 4th Avenue and State Street 100055001271 WP1624 Engineering Estimate: $253,336.00

18/2 Cedar Construction Kersten Construction

$248,637.00 317,818.00

(A C&A in the amount of $349,611 .00 will be presented to the Board on May 1, 2019 for approval.)

Page 1 of 3

Page 35: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Install Water Mains in Shadow Glen North, Replat 1, 168th and Locust Streets 100055001288 WP1657 Engineering Estimate: $169,177.00

18/3 Cedar Construction Kersten Construction Valley Corporation

$182,295.00 196,942.00 198,887.11

(A C&A in the amount of $235,997.00 will be presented to the Board on May 1, 2019 for approval.)

Item

Two (2) 48" Butterfly Valves for Florence Low Service Suction Valve Replacement Project 100083001098 WP1675

OTHER

Bids Sent / Rec'd

2/2

Bidders Bid Amount

Process Equip. & Cont. $41,158.75 Mellen & Associates 64,046.00

(A C&A in the amount of $550,000.00 will be presented to the Board on May 1, 2019 for approval.)

Rail Track Maintenance at the the Florence Water Treatment Plant 100083001099 WP1678

2/2 KRW Construction $176,370.00 Atlas Company of Lincoln 185,800.00

(A C&A in the amount of $193,000.00 will be presented to the Board on May 1, 2019 for approval.)

Three (3) 16,000 lbs Tandem Axle Trailers 100088000756

NA*

*State of Nebraska bid, Contract #14045 OC

Duo-Lift

(C&A for 100088000756 approved Apri l 19, 2019 in the amount of $42,000.00.)

$33,312.00

One (1) Mini Excavator 1/1 Kubota of Omaha $114,300.00* *Price extended from March 2018 100087000602 (C&A for 100087000602 approved February 6, 2019 in the amount of $802,000.00.)

Cordless Power Tools 6/1 Hilti $54,844.00 100090000034 (A C&A in the amount of $60,000.00 will be presented to the Board on May 1, 2019 for approval.)

Page 2 of 3

Page 36: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

ANNUALS

Bids Sent Item I Rec'd

Gas Odorant (40,000 lbs.) 4/1 ($2.69/lb) (June 1, 2019 to May 31 , 2020)

Concrete and Asphalt Pavement 7 /2 Repairs at Various District Construction Sites (June 1, 2019 to May 31, 2021)

Director, Purdiasing (402) 504-7253

Approved:

Bidders

Arkema Inc.

NL&L Concrete Midwest DCM

8~18JJf--~

Joseph J. Schaffart Mark E. Doyle Interim Senior Vice President, CFO President

Page 3 of 3

Bid Amount

$107,600.00

$467,475.00 562,342.50

Page 37: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

1.

2.

3.

METROPOLITAN UTILITIES DISTRICT Inter-Department Communication

April 17, 2019

Subject: MAIN EXTENSIONS

To: Services and Extensions Committee cc: All Board Members, Doyle, Mendenhall, Schaffart, DeBoer, Ausdemore, Stanley

and all Vice Presidents

From: Cory J. O'Brien, Vice President, Engineering and Construction

The following main extensions will be on the May 1, 2019 Committee Agenda for consideration and the May 1, 2019 Board Agenda for approval:

WATER

Job Number Project Cost Applicant Construction

M.U.D. Cost Contribution by Applicant

100055001288 $235,997 $235,997 Pioneer Contribution 25,770 25,770 $0 $0

Total $261,767 $261 ,767

These mains are being installed to provide domestic water service and fire protection to 33 single-residence lots in Shadow Glen Rep/at 1 Subdivision, 168h and Locust Streets. There is a pioneer main fee of $25, 770 due to the 12-inch water mains in 168th Street. (City of Omaha zoning, Jerry Standerford)

Job Number Project Cost Applicant Construction

M.U.D. Cost Contribution by Applicant

100055001261 $348,190 $348,190 Pioneer Contribution 114 184 114 184 $0 $0

Total $462,374 $462 ,374

These mains are being installed to provide domestic water service and fire protection to nine industrial lots in Plaza 133, 101st Street and Blair High Road. There is a pioneer main fee of $114, 184 due to the 12- and 48-inch water mains in State Street and Highway 133. (City of Omaha zoning, RL Development, LLC)

Job Number Project Cost Applicant Construction

M.U.D. Cost Contribution by Applicant

100055001251 $283,859 $283,859 Pioneer Contribution 183,415 183,415 $0 $0

Total $467,274 $467,274

These mains are being installed to provide domestic water service and fire protection to 111 single-residence lots in Highland Hills Subdivision, 168th and Ida Streets. There are pioneer main fees of $183,415 due to the 12- and 36-inch water mains in State Street and 168th Street. (City of Omaha zoning, Celebrity Homes)

Page 38: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

4.

1.

WATER (con't)

Job Number Project Cost Applicant Construction M.U.D. Cost

Contribution by Applicant

100055001271 $ 349,611 $349,611 100055001272 20,000 20,000 100057000460 708,750 324,608 $0 $384,142

Pioneer Contribution 71 349 71,349 Total $1,149,710 $765,568

These mains are being installed to provide domestic water service and fire protection to 106 single-residence lots in Chestnut Hills Subdivision, 177th and State Streets. There is a pioneer main fee of $71,349 due to the 36-inch water main in State Street. Management is recommending oversizing approximately 1,350 feet of approach main as a 36-inch main at an estimated District cost of $384, 142. (City of Omaha zoning, Richland Homes, LLC)

GAS

Job Total Cost

Revenue Credits Developer Developer Deficiency

Number Estimated Equivalent Estimate Developer

100060001322 $115,227 $60,154 $53,335 $114,374 $0

This main is being installed to provide gas service to 106 single-residence lots in Chestnut Hills Subdivision, 17 4th A venue and State Street. Management is recommending oversizing approximately 3,240 feet of approach main as a 4-inch main at an estimated District cost of $55,073. (City of Omaha zoning, Richland Homes, LLC)

Approved:

a ,uJR.:,_ 1 Cory ,Yg,~ 1110 Vice President, Engineering & Construction (402) 504-7851

!Vl~!~ President

-2-

Page 39: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

METROPOLITAN UTILITIES DISTRICT Inter-Department Communication

April 23, 2019

Subject: FOURTH LEGISLATIVE REPORT-2019 SESSION

To: Judiciary and Legislative Committee

cc: All Board Members; Doyle, Mendenhall, Stanley, Ausdemore; all Vice Presidents; Nowka

From: Rick A. Kubat, Government Relations Attorney

The Legislature will have 21 working days left on the calendar at the time of the May 1, 2019 MUD Board meeting. Medicaid expansion, property tax relief and the budget will be the focus of the remainder of the session. LB 289 has been added to the list below due to a recent amendment contained within the legislation for a three-quarter cent increase in state sales tax. Nebraska's State sales tax would increase from 5.5% to 6.25%. Provided below are updates on legislative positions taken by the Board of Directors.

LB 16 (Briese) - Broadens the public records exception to permit the withholding of public records of physical and cyber assets which could pose a threat to critical energy infrastructure. LB 16 partially mirrors definitions provided for under federal law.

Board Position: Support Status: Signed into law by Governor Ricketts

LB 48 (Stinner) - Under current Nebraska law, a property owner can lose a water appropriation if the Department of Natural Resources determines that water has not been put to a beneficial use for more than five consecutive years. LB 48 provides an exception for non-use for up to 30 years if the land is under an acreage reserve program, production quota, or participation in a federal, state, or natural resources district program. Under current law, sufficient cause for nonuse for similar programs is limited to 15 years .

Board Position: Neutral Status: Signed into law by Governor Ricketts

LB 148 (Groene) - Requires the public hearing on a proposed budget statement be held separately from any regularly scheduled meeting of the governing body. The public hearing on the budget shall not be limited by time, and any member of the public desiring to speak on the proposed budget statement must be given a reasonable amount of time to speak. LB 148 also requires the governing body make a detailed presentation of the proposed budget statement and make at least three copies of the budget statement available to the public. Additionally, LB 148 requires budget notice be published in a newspaper of general circulation within the public body's jurisdiction and, if available, in a digital advertisement on such newspaper's website. The public body would be required to record the methods and dates of such notice in its minutes.

Page 40: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Board Position: Neutral Status: Placed on General File with a committee amendment

LB 150 (Brewer) - Permits political subdivisions to charge a fee for the fulfillment of public record requests by non-residents of Nebraska. Unlike the charge for Nebraska residents, the fee for non-residents would include a charge for the existing salary for public employees who do the work to fulfill the request. An exception is provided for news media regardless of their state of domicile.

Board Position: Support Status: Remains in Gov't, Military and Veterans Affairs Committee

LB 204 (Briese) - Requires that bonds issued by any joint entity on or after the effective date would have to be approved by the majority of qualified electors of each public agency which is part of the joint entity. At the Committee hearing, Senator Briese requested that LB 204 be indefinitely postponed. Jim Knight, the City of Hastings, and others were prepared to meet with Senator Briese on this matter to discuss LB 204's negative impact on CPEP bonding when the District was informed that the proposal would be pulled.

Board Position: Oppose Status: Remains in Gov't, Military and Veterans Affairs Committee

LB 242 (Lindstrom) - Provides for a turn-back of a portion of the 5.5% of state sales tax dollars collected for sewer and potable water services. The turn-back of revenue is specifically designated and earmarked for potable water and wastewater infrastructure assistance. As amended, LB 242 would turn-back 36% of the 5.5% of state sales tax dollars collected for water and sewer services from July 1, 2019 through June 30, 2021, a turn-back of 56% of the 5.5% of state sales tax dollars collected from July 1, 2021 through June 30, 2023, and a turn-back of 76% of the 5.5% of state sales tax dollars collected after July 1, 2023. LB 242 received support in the form of testimony from the District, Donna Garden on behalf of the City of Lincoln, City Council Woman Amy Melton and Jim Theiler on behalf of the City of Omaha, Rodney Storm for the City of Blair, and James Timmerman on behalf of Nebraska Beef and the Coalition of Agricultural Manufacturers. No opposition testimony or opposition letters were submitted to the Revenue Committee. Support letters were provided by the Nebraska League of Municipalities, Omaha-Council Bluffs Metropolitan Area Planning Agency, Omaha and Lincoln Chambers of Commerce, and the Cities of Beatrice, Hastings, Plattsmouth, Grand Island, South Sioux City and Waverly.

Board Position: Support Status: Remains in Revenue Committee

LB 289 (Linehan) - LB 289 was introduced as a placeholder bill to allow the Revenue Committee to formulate an omnibus property tax relief proposal. As amended, the bill includes a three-quarter cent increase in state sales tax beginning July 1, 2019. LB 284 makes numerous statutory changes. These changes include, but are not limited to altering the state aid to schools formula, the elimination of some sales tax exemptions, increasing the cigarette tax, and altering the real property valuation methodology. In accordance with previous direction from the Board, the Revenue Committee has been notified of the District's opposition to any proposed increase in state sales tax.

Page 41: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Mgmt. Rec: Status:

Oppose any proposal to increase the state sales tax rate April 24, 2019 Revenue Committee Hearing

LB 302 (Hughes) - Merges the State Energy Office and the Department of Environmental Quality (NDEQ) to create the Department of Environment and Energy. The Director of the Department of Environmental Quality becomes the new Director of Environment and Energy. LB 302 also authorizes the State of Nebraska to assume the 404-permitting process pending agreement between federal agencies and the State of Nebraska.

Board Position: Neutral Status: Signed into law by Governor Ricketts

LB 342 (La Grone) - Changes where candidates for the MUD Board may file for office from the Douglas County Election Commissioner's Office to the Nebraska Secretary of State's Office. The Secretary of State's Office would become responsible for the posting of election results for the MUD Board. LB 342 does not make any changes to the current filing requirements of Board candidates under the Nebraska Accountability and Disclosure Commission.

Board Position: Neutral Status: Amended into LB 411 and placed on Select File

LB 368 (Hughes) - Eliminates all "overappropriated" references in state statute. LB 368 declares all basins previously deemed overappropriated as fully appropriated following the effective date of the legislation. It requires surface water controls be included in an integrated management plan and be adopted by the Department of Natural Resources (DNR) to maintain compliance with any compact, decree, formal state contract or agreement. LB 368 would require the DNR to manage reservoirs in fully-appropriated river basins. Such reservoirs shall not exceed 80% of capacity prior to March 1 of any year so that said structures would be capable of capturing snow melt and runoff. The DNR would develop a management plan for such structures as part of an integrated management plan.

Board Position: Neutral Status: Remains in Natural Resources Committee

LB 412 (Geist) - Requires a vote of the registered voters of political subdivisions before a joint public agency could be created. The political subdivisions would be prohibited from entering into an agreement until the voters of each political subdivision have approved the creation of the joint agency.

Board Position: Neutral Status: Remains in Gov't, Military and Veterans Affairs Committee

LB 462 (Friesen) - LB 462 will be substantively amended before consideration by the full legislature. It is expected that current locator training and licensing practices will remain similar current practices. The substantive change to law under LB 462 will likely be the creation of a dispute administrator to be hired by the state fire marshal. The dispute coordinator will have the ability to hear complaints by operators and excavators under the one call act with the ability to levy fines. Any appeals of determinations will be subject to the

Page 42: METROPOLITAN UTILITIES DISTRICT Public Hearing Committee ...€¦ · Tim Cavanaugh Mark Doyle, Secretary and President ... the proposed capital expenditures as outlined in the letter

Administrative Procedures Act. The amended version of LB 462 will not be certain until it is drafted for floor debate.

Board Position: Status:

Oppose Remains in Transportation and Telecommunications Committee and provided with a Committee priority designation

LB 476 (McCollister) - Under current law, MUD is required to pay cities 2% of gross annual revenue derived from retail sales of gas and water. The 2% statutory payment was enacted into law before Compressed Natural Gas (CNG) was contemplated as a vehicular fuel. Current law provides an exemption from the 2% payment for CNG when used as a vehicular fuel. However, the current exemption for CNG is set to expire January 1, 2020, making CNG subject to the additional 2%. LB 476 would eliminate the sunset provision under current law and eliminate the additional 2% fee on CNG. No opposition testimony or opposition letters were provided at the Committee hearing on February 26. Support testimony was offered on behalf of the District and by Curt Simon of Omaha Metro Area Transit. A request has been made for LB 4 76 to appear on the consent calendar.

Board Position: Support Status: Placed on General File

LB 574 (Brewer) - Nebraska law requires the MUD Board of Directors meet monthly on the first Wednesday of every month. LB 574 would allow the MUD Board to designate and alter the specific date of month in which they meet. The purpose of LB 574 is to provide the MUD Board flexibility on monthly meeting dates as the Board considers alternative meeting locations. Support testimony was offered on behalf of the District. The Committee did receive two opposition letters to LB 57 4 by two individuals whose concerns were the potential relocation of the Douglas County Youth Center to the downtown area. LB 574 was amended to contain the Emergency Clause meaning that it would become law upon signature from the Governor if LB 57 4 were to pass through the legislative process. A request has been made to amend LB 574 into LB 411 which currently sits on Select File.

Board Position: Support Status: Remains in Urban Affairs CRir Approved:

Mark Mendenhall Senior Vice PresidenUGeneral Counsel

11~ President

Richard A. Kubat Government Relations Attorney 402-504-7125

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METROPOLITAN UTILITIES DISTRICT Inter-Department Communication

April 19, 2019

Subject: Wage and/or Salary Increases and Ratifications, May 2019 Board Meeting

To: Personnel Committee members Begley, Friend, and Frost cc: Board Members Cavanaugh, Dowd, Howard, and McGowan; President Doyle;

Sr. Vice Presidents Ausdemore, Mendenhall and Stanley, and Interim Sr. Vice Presidents DeBoer and Schaffart

From: Bonnie Savine, Vice President, Human Resources

The Human Resources Department is recommending the Board of Directors approve the wage or salary increases outlined below. All positions involve District employees earning more than $10,000 per year and therefore require your approval.

1. Operating and Clerical (OAC) Wage Increases Due To Promotion

The Human Resources Department is recommending the Board of Directors approve wage increases for the following Employees within the OAC classification. These wage increases are based on a job selection process, are in compliance with the Collective Bargaining Agreement, and are made following the posting and application process for a job opening in the District. The effective date for these increases will be the beginning of the next OAC pay period following Board approval.

Employee: Current position (department): New position (department): Current rate; step/grade: Proposed rate; step/grade: Percent of increase: District hire date:

Employee: Current position (department): New position (department): Current rate; step/grade: Proposed rate; step/grade: Percent of increase: District hire date:

Employee: Current position (department): New position (department): Current rate; step/grade: Proposed rate; step/grade: Percent of increase: District hire date:

John Becklun Machine Operator (Construction) Utility Worker (Construction) $34.61; Step 4 $36.65; Step 4 5.89% June 9, 2014

Jorge Cardenas Pipe Layer (Construction) Machine Operator I (Construction) $29.32; Step 2 $31.15; Step 2 6.24% May 23, 2016

Brandon Christensen Machine Operator (Construction) Utility Worker (Construction) $34.61; Step 4 $36.65; Step 4 5.89% June 9, 2014

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Wage and/or Sa lary Increases and Ratif icat ions Page 2

Employee: Current position (department): New position (department): Current rate; step/grade: Proposed rate; step/grade: Percent of increase: District hire date:

Employee: Current position (department): New position (department): Current rate; step/grade: Proposed rate; step/grade: Percent of increase: District hire date:

Employee: Current position (department): New position (department): Current rate; step/grade: Proposed rate; step/grade: Percent of increase: District hire date:

Employee: Current position (department): New position (department): Current rate; step/grade: Proposed rate; step/grade: Percent of increase: District hire date:

Employee: Current position (department): New position (department): Current rate; step/grade: Proposed rate; step/grade: Percent of increase: District hire date:

Lucas Colbert Machine Operator (Construction) Utility Worker (Construction) $34.61; Step 4 $36.65; Step 4 5.89% January 27, 2014

Kevin Kent Stores Clerk IV (Stores) Crew Leader (Stores) $36.04; Step 4 $38.30; Step 4 6.27% December 8, 1997

Larry Moyers Machine Operator (Construction) Utility Worker (Construction) $34.61; Step 4 $36.65; Step 4 5.89% October 14, 2013

Jason Muller Machine Operator (Construction) Utility Worker (Construction) $34.61; Step 4 $36.65; Step 4 5.89% July 13, 2009

Joshua Shannon Apprentice Customer Service Technician (Field Service Operations) Customer Service Technician - Fitter (Field Service Operations) $29.88; Step 2 $32.50; Entry 8.77% June 9, 2014

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Wage and/or Salary Increases and Ra tification s Page 3

2. Operating and Clerical (OAC) Wage Increases Due To Job Transfer

The Human Resources Department is recommending the Board of Directors approve wage increases for the following Employees within the OAC classification. A transferring employee who is at less than Standard Wage will be moved to an equal rate in the new job classification or, if there is not an identical wage rate, to the nearest higher wage rate in the new job classification. These wage increases are based on a formal selection process, are in compliance with the Collective Bargaining Agreement, and are made following the posting and application process for a job opening in the District. The effective date for these increases will be the beginning of the next OAC pay period following Board approval.

There are no recommendations for approval this month.

3. Operating and Clerical (OAC) Wage Increases Due To Job Progression

The Human Resources Department is recommending the Board of Directors approve the following wage increases for the OAC employees who have successfully completed required training and who have been recommended by their supervisor for promotion as they progress within their job family. All increases are based on the bargaining unit wage structure. The effective date for these increases will be the beginning of the next OAC pay period following board approval.

There are no recommendations for approval this month.

4. Supervisory, Professional and Administrative (SPA) Salary Increases Due To Job Promotion

The following SPA employees are selected for promotion. It is recommended the President be authorized to increase the salary of these employees. These SPA positions have been evaluated, graded, appropriate job descriptions completed, and posting guidelines fulfilled. The effective date for these salaries will be the beginning of the next SPA pay period following board approval.

There are no recommendations for approval this month.

Supervisory, Professional and Administrative (SPA) New Hire Ratification

Board of Director Ratification of salaries, for new SPA employees hired from outside the District, is required to confirm the salary within the grade established for the position. Authorization to ratify the annual salary of SPA employees hired from outside the District will be requested each month, if appropriate.

Employee: Current position (department): Current rate; step/grade: District hire date:

Employee: Current position (department): Current rate; step/grade: District hire date:

Michael Quinn Engineer I (Engineering Design) $73,500; SPA-02 Apri l 15, 2019

Jay Roberts Digital Media Specialist (Customer Services) $70,389; SPA-03 April 22, 2019

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Wage and/or Sa lary Increases and Ratificat ions Page 4

Employee: Jared Tomes Current position (department): Engineer I (Engineering Design) Current rate; step/grade: District hire date:

APPROVED:

MarkAMenenha~ _......,

Sr. Vice President, General Counsel

$65,283; SPA-02 April 15, 2019

] 11~~==> MarkE~ /i President

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METROPOLITAN UTILITIES DISTRICT

April 18, 2019

Subject: 2018 BARGAINING UNIT WAGE RE-OPENER

To: Personnel Committee members Begley, Friend, and Frost cc: Board Members Cavanaugh, Dowd, Howard, and McGowan; President

Doyle; Sr. Vice Presidents Ausdemore, Mendenhall, and Stanley, and Interim Sr. Vice Presidents De Boer and Schaffart

From: Bonnie Savine, Vice President, Human Resources

The District's Collective Bargaining Agreement with the IBEW #1521 ("Agreement") includes language that an annual wage re-opener will be conducted each year. This language provides the opportunity for employees occupying positions covered by the Agreement to petition a committee consisting of two (2) union and two (2) management representatives to adjust the pay for their position based upon significant changes in their respective duties and responsibilities that have taken place since either the date the job description was created or last updated. Supervisors and employees meet with the Committee to present their position(s) and to answer any questions the Committee may have. In accordance with the Labor Agreement language, the Committee as a whole must agree to the adjustment of a wage rate or no change will occur.

For the 2018 Wage Re-Opener, the Committee held 14 meetings with 20 employees reviewing 12 jobs. The Committee is recommending adjustments to 3 jobs, affecting wages for 5 employees.

The Committee is recommending the following wage adjustments:

Administrative Clerk II (10007) - Facilities Management

The Administrative Clerk II job classification is assigned to the Facilities Management Division. There is one (1) employee assigned to this position .

The review of this position indicated the employee of the Administrative Clerk II job classification is performing similar duties and responsibilities that are identified in a separate, existing job classification titled Administrative Clerk Ill. Duties that are new and identified as similar in nature to the Administrative Clerk Ill classification include entering payroll for OAC and SPA employees in the Facilities Management Department and processing invoices.

It is the conclusion of the Committee the duties performed by the employee of this Administrative Clerk II position are better identified by the Administrative Clerk Ill job

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2018 Bargaining Unit Wage Re-opener Page4 ·

classification. The Committee recommends employee Lori Seefus be promoted to the position of Administrative Clerk Ill.

The Committee is recommending the following wage adjustments:

Salary Adjustment:

The employee is at Step 1 of the position, which is $22.29 per hour. In accordance with the District's Personnel Policy Manual which directs bargaining unit employees will be moved to the closest higher step in the new job classification wage progression provided the employee receives a wage increase that is at least five percent (5%) when promoted . Lori Seefus will be placed at $23.40 per hour - Step 1.

This recommendation has been reviewed and approved by Senior Vice President, Raied Stanley.

Instrument and Control Technician (10147) - Facilities Management

The Instrument and Control Technician job classification is assigned to the Facilities Management Division. There are three (3) employees assigned to this position.

The Instrument and Control Technician job has increased the number of Gas system pressure transducers and expanded the number of sites that the transmitters cover. In addition, the Instrument and Control Technician job has assumed two job duties that were previously completed by Contractors. The first duty involves Sixnet configuration and programming Sixnet units. The Instrument and Control Technicians have also taken on an expanded role with installing, replacing, and programming the Programmable Logic Controllers (PLC) at a number of the District's pumping stations. These added duties have been determined to result in cl significant change in duty and responsibility.

The Committee is recommending the following wage adjustments:

Salary Adjustment:

Joe Detwiler and Ronnie O!son are both at the Standard Wage $41 .82 per hour. Adjustment will be a 2% percent increase, which increases the Standard Wage to $42.66 per hour. Both Joe Detwiler and Ronnie Olson will be placed at $42 .66 per hour. Christopher Majeres is currently at Step 3 of the position, which is $39.73 per hour. After the 2% increase, Christopher Majeres will be placed at $40.52 per hour -Step 3.

This recommendation has been reviewed and approved by Senior Vice Presi~ent, Raied Stanley.

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2018 Bargaining Unit Wage Re-opener Page 3

Maintenance Mechanic II (10163)- Facilities Management

The Maintenance Mechanic II job classification is assigned to the Facilities Management Division. There are three (3) employees assigned to this position.

The review of this position indicated the employee of the Maintenance Mechanic II job classification is performing similar duties and responsibilities that are identified in a separate, existing job classification titled Senior Maintenance Mechanic. Duties that are new and identified as similar in nature to the Senior Maintenance Mechanic classification include assisting foreman in development and training of Maintenance Mechanics, and assisting foreman in planning, performing, and leading others in the overhaul, repair, and preventive maintenance of equipment.

It is the conclusion of the Committee the duties performed by the employee of this Maintenance Mechanic II position are better identified by the Senior Maintenance Mechanic job classification . The Committee recommends employee Russell Kastens be promoted to the position of Senior Maintenance Mechanic.

The Committee is recommending the following wage adjustments:

Salary Adjustment:

The employee is at the Standard Wage step of the position, which is $40.59 per hour. Russell Kastens will be placed at $42.52 per hour, which is at the Standard Wage step of Senior Maintenance Mechanic.

This recommendation has been reviewed and approved by Senior Vice President, Raied Stanley.

Due to the delay related to the 2017 Wage Re-Opener, Management is recommending these increases be retro-active to January 12, 2019.

APPROVED:

Mark A. Mendenhall ~~~~~~~~-

Sr. Vice President, General Counsel President

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METROPOLITAN UTILITIES DISTRICT Inter-Department Communication

April 24, 2019

Subject: Selection of Senior Vice President, Chief Operations Officer & Senior Vice President, Chief Financial Officer

To: Personnel Committee members Begley, Friend, and Frost cc: President Doyle and Senior Vice Presidents Ausdemore, Mendenhall,

Stanley

From: Bonnie Savine, Vice President, Human Resources

Human Resources began recruitment efforts on behalf of the District for the positions of Senior Vice President, Chief Operations Officer (SVP, COO) and Senior Vice President, Chief Financial Officer (SVP, CFO) earlier this year. This process began with a detailed review of the job descriptions for both positions. Mark Doyle was instrumental in developing the direction for both job descriptions. Human Resources then worked with both the District's Personnel Committee of the Board of Directors and its Senior Management Team to develop the job application, interview and recommendation processes.

Applications for both positions were accepted from internal and external candidates for two weeks. Human Resources received the following applications:

SVP, COO SVP,CFO

Internal: 5 Internal: 2

External: 6 External: 15

Total: 11 Total: 17

The Senior Management Team and Vice President, Human Resources reviewed all 28 applications which included all materials submitted by the applicants. After that review, this group selected those individuals determined to meet the minimum requirements for the respective positions. I then worked to notify those selected individuals and schedule their interviews.

Initial interviews for both positions were held between April 16th and 18th in the Boardroom. Mr. Doyle, Mr. Ausdemore, Mr. Mendenhall, Ms. Savine and Mr. Stanley participated in the interviews. Seven interviews were conducted for the SVP, CFO job and five interviews were conducted for the SVP, COO job. Each interview lasted between an hour and an hour and a half and featured predetermined questions designed to elicit a discussion of those skills commensurate with the respective positions' minimum requirements.

In addition to those interviews, the team also conducted a thorough review of all applications materials submitted by the applicants. At the conclusion of this process,

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Recruitment for Senior Vice President, Chief Operations Officer & Senior Vice President, Chief Financial Officer

Page 2

the team discussed and determined there was a unanimous recommendation for each position. Mr. Doyle then discussed with both the Chair of the Personnel Committee of the Board of Directors as well as the Chairperson of the Board and it was determined that District Management should bring forth a recommendation for the selection of each position.

The recommendations are as follows:

Mr. David DeBoer is recommended for the position of Senior Vice President, Chief Operations Officer.

Mr. Joseph Schaffart is recommended for the position of Senior Vice President, Chief Financial Officer.

If the Personnel Committee supports these recommendations, the President will bring his recommendation to the May 1, 2019 Board meeting. This prompt action would bring the recruitment process to a close and allow the Senior Management Team to continue its focus on the District's Mission and ~ -~ic Initiatives.

Approved:

Mark A. Mendenhall Senior Vice President, General Counsel

,.-(vl4 Mark E. Doyle President

Bonnie Sav· Vice President, Human Resources 402-504-7884

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METROPOLITAN UTILITIES DISTRICT Inter-Department Communication

April 23, 2019

Subject: BOARD BYLAW REVISIONS

To: Governance Committee

Cc: All Board Members; Messrs. Doyle, Stanley, Ausdemore, Schaffart and DeBoer and all Vice Presidents

From: Mark Mendenhall, Senior Vice President, General Counsel

On March 6, 2019, the Governance Committee, chaired by Director Begley, proposed that the Board of Directors adopt amendments to the Bylaws and Committee Guidelines ("Bylaws"). Those amendments were red-lined on an attachment to a letter from me to this Committee dated February 27, 2019. I have included a copy of that letter as well as the red-lined amendments.

There was an oral motion by Director Begley to amend the proposed amendments regarding Article IV, Section 1. That proposal was adopted and appears in red-line on the attachment. The Board of Directors then laid the proposal over at its March 6, 2019 regular meeting.

The Bylaws state that they "may be amended by the affirmative vote of a majority of the full Board. The proposal for amendment shall be made in writing at a regular meeting and shall be laid over, to be acted upon not earlier than the second succeeding regular meeting."

The May 1, 2019 regular Board meeting is the second succeeding regular meeting after the March 6, 2019 meeting and therefore the proposal is ripe for your consideration.

Approved :

Enclosures

Mark Mendenhall Senior Vice President, General Counsel 402-504-7129

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METROPOLITAN UTILITIES DISTRICT Inter-Department Communication

February 27, 2019

S~bject: BOARD BYLAW REVISIONS

To: Governance Committee

Amended and Held Over March 6, 2019

cc: All Board Members; Messrs. Doyle, Reisner, Stanley, Ausdemore, Ms. Schneider, and all Vice Presidents

From: Mark Mendenhall, Senior Vice President, General Counsel

Director Jim Begley recently began a discussion to revise the Board of Director's Bylaws when he made a request to add an additional responsibility for the President. Specifically, Director Begley requested the President be required to present a "State of the District" each year to the Board . This discussion began an internal review that was completed by myself with the assistance of Mary Mancuso.

As a result of this review, I propose multiple changes to the Bylaws. They are shown on the attached red-lined version. Changes, deletions or other modifications appear in either blue or red . I want to emphasize a few of the more significant changes.

1. Director Begley's request to add a requirement for the President is found in Article 1, Section 2;

2. Added "Thursday" to the references for "Regular Wednesday Meeting" in Article IV, Section 1 which is intended to give the Board greater flexibility should it decide to move its regular Board meetings to a different day of the week. This effort is concurrent with our efforts before the Nebraska Legislature to amend Neb. Rev. Stat.§ 14-2105;

3. Added electronic notifications to give the Board greater flexibility should it choose to receive future Board meeting documentation via electronic means. This is found in Article IV, Section 11 ;

4. Deleted the provision regarding an "informal discussion" in Article VI, Section 1; and

5. Multiple changes to ensure consistency for various terms of art within various sections.

The proposed revisions have been reviewed by the members of both the Governance and Judicial and Legislative Committees.

Approved:

Mark Mendenhall Senior Vice President/General Counsel 402-504-7129

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METROPOLITAN UTILITIES DISTRICT OF OMAHA

BOARD OF

DIRECTORS

Bylaws and Committee Guidelines

Revised May 2019

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Prepared by Ron Bucher, senior vice president, genera! counsel Tracey Christensen, director, Corporate Communications November 2013

t

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Part I: Part II:

Part I

Bylaws of the Board of Directors, pages 1-14 Co1nmittee Guidelines, pages 14-23

Index to the Bylaws of the Board of Directors

Metropolitan Utilities District of Omaha

revised 1Vtnemher 6, 2013

Article I. OFFICER AND DUTIES ...................................................................... 3 Section 1. Chairperson. Section 2. President. Section 3. Senior Vice Presidents. Section 4. Senior Vice President and General Counsel.

A11icle II. COMMITTEES .................................................................................... 4 Section 1. Standing Committees. Section 2. Duty and Power of Committees. Section 3. Ex-officio Members. Section 4. Time for Report. Section 5. Superior Power of the Board.

Article III. NOTICE OF MEETINGS .................................................................. 5 Section 1. Notice to Directors. Section 2. Notice to Public. Section 3. Agenda-New Matter. Section 4. Waiver of Notice.

Article IV. REGULAR MEETINGS .................................................................... 6 Section 1. Time of Meeting-Quorum. Section 2. Imp011ant Matters Before Full Board. Section 3. Agenda-New Matter. Section 4. Recess. Section 5. Roll Call Vote. Section 6. New Matter May Be Laid Over. Section 7. Majority of Full Board Must Vote. Section 8. Copies of Minutes to Directors. Section 9. Proxies. Section 10. Chairperson Pro Te1n.

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Article V. SPECIAL MEETINGS ........................................................................ 8 Section 1. Call and Notice of Special Meeting. Section 2. Majority of Full Board Must Vote. Section 3. Minutes.

Article VI. OTHER CALLED MEETINGS, CLOSED SESSIONS AND EMERGENCY MEETINGS ................................................................................ 9 Section 1. Informal Discussion No Power to Act. Section ±. 1. Notice. Section J.. 2. Closed Sessions. Section 4. 3. Emergency Meetings.

Article VII. ORGANIZATION CHART ............................................................ 10 Section 1. Organization Chart.

AI1icle VIII. EMPLOYMENT ............................................................................ 10 Section 1. Salaries. Section 2. Selection of Employees. Section 3. Directors Not to Interfere. Section 4. Directors Not to Solicit Officers and Employees. Section 5. Directors Not to Be Hired.

Aliicle IX. MISCELLANEOUS ........................................................................ 11 Section 1. Annual Budget. Section 2. Monthly Report by President. Section 3. Special Terms for Sales or Service. Section 4. Formal Public Statements. Section 5. Inspection of Public Records. Section 6. Obligation of Contracts. Section 7. Directors, Officers and Employees-Legal Action.

Aliicle X. SUSPENSION OF BYLAWS ........................................................... 12 Section 1. Suspension of Bylaws Bylaws.

Article XI. AMENDMENT TO BYLAWS ........................................................ 12 Section 1. Amendment to Bylaws.

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Article I.

OFFICER AND DUTIES

Section 1. Chairperson. The Chairperson of the Board of Directors shall be the presiding officer of the Board, a member ex-officio of all committees of the Board, and shall speak for the Board in making public announcements relating to District affairs.

The Chairperson and Vice-Chairperson shall be elected annually by a majority of the Board at the first regular meeting in January, and shall hold office until their successors are elected and qualified.

Section 2. President. The duties of the President are those customary to such office in addition to those duties specifically set forth within Neb. Rev. Stat.§ 14-2109. The President shall be the administrative head of the District and shall carry out the policies established by the Board. The President shall coordinate the activities of all departments of the District and be responsible to the Board therefor. The President shall present an annual "State of the District" repo1i at a regular meeting of the Board in the first half of each new calendar year.

As Secretary to the Board, the President's duties shall be those customary to such office in addition to those required by these Byla\\'S By laws. The President shall record and keep the minutes of all Board meetings and be the official custodian of the records of the acts, proceedings and documents of the Board.

Section 3. Senior Vice Presidents. The duties of the Senior Vice Presidents are to assist the President in the administration of the District. The Senior Vice Presidents shall carry out such specific duties and responsibilities as may be delegated to them by the President. In addition, one shall act in the stead of the President during the absence or disability of the President.

Section 4. Senior Vice President, General Counsel. The Senior Vice President, General Counsel shall be responsible to the Board and the

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President, shall be the chief consulting officer in all legal matters and shall have general control of all matters of legal import concerning the District.

Article II.

COMMITTEES

Section 1. Standing Committees. There are hereby created the following standing committees, each to consist of two or more Directors to be appointed annually by the Chairperson and subject to the approval of the Board:

( 1) Construction and Operation; (2) Accounts, Expenditures, Finance and Rates; (3) Judiciary Judicial and Legislative; ( 4) Services and Extensions; ( 5) Personnel; ( 6) Marketing/Consumer Information; (7) Insurance and Pensions; (8) Security and Safety; (9) Audit; aoo

( 10) Governance; and (11) Committee of the Whole.

Section 2. Duty and Power of Committees. These committees shall constitute fact-finding agencies whose duty it is to investigate questions within the natural scope of the function indicated by their title and to repo11 the facts, together with the recommendation of the President, to the Board for action. No committee shall have power to act without the express approval or advance specific authority of the Board.

Section 3. Ex-officio Members. The President and Senior Vice Presidents shall be ex-officio, nonvoting members of all committees.

Section 4. Time for Report. The time allowed by these Bylavls Bylaws for a committee report may be fixed, extended or waived by a majority of the full Board. In the absence of an order of the Board to report, a committee may repo11 at its own pleasure.

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Section 5. Superior Power of Board. Except as otherwise specifically provided by these Bylaws Bylaws, reference of a matter to a committee shall not be an essential prerequisite to action by the Board.

Article 111.

NOTICE OF MEETINGS

Section 1. Notice to Directors. Each Director shall be given a notice of meeting, delivered to the address designated by the Director for the receipt of such notices, not less than five days before the meeting, if the time and place are known, or immediately upon determination of the time and place of the meeting if less than five days remain between such determination and the time of the meeting.

An agenda of the meeting shall be delivered to the address designated by each Director as soon as it becomes available and not later than 4:00 p.m. of the Monday prior to a regular Wednesday meeting, nor later than 3:00 p.m. of the day prior to a special meeting.

Notice of other called meetings shall be given to the Directors by telephone as soon as the time, place and subjects are determined.

Notice of an emergency meeting, identifying the nature of the emergency, shall be given to the Directors by telephone.

Section 2. Notice to Public. Notice of meetings, except emergency meetings, shall be posted on the first floor of the District' s Headquarters Building and published in the Omaha World Herald Omaha World­Herald newspaper, stating the time and place of such meeting and that a current agenda of the meeting is available for public inspection at the Office of the President.

Notice shall be made not less than five days before the meeting if the time and place are known, or immediately upon determination of the time and place of the meeting if less than five days remain between such determination and the time of the meeting. The agenda shall be kept current and shall be available in the Office of the Secretary and President

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for public inspection no later than 4:00 p.m. of the Monday preceding a regular Wednesday meeting, nor later than 3:00 p.m. of the day preceding a special meeting, and as soon as subjects of any other meetings ( except emergency meetings) are determined.

The Secretary shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting, including emergency meetings, and the subjects to be discussed at that meeting.

Section 3. Agenda-New Matter. An agenda of matters to be considered at any regular meeting of the Board shall be prepared by the Secretary and delivered to the designated address of each Director by 4:00 p.m. of the Monday prior to the meeting.

Any matter shall be placed upon the agenda at the request of a Director if made by 3:00 p.m. of the Monday prior to the meeting.

No new matter shall be considered at that meeting, except matters of an emergency nature by a consent of the majority of the full Board.

Section 4. Waiver of Notice. A Director present without notice at a meeting may enter into the minutes an express waiver of notice of the meeting.

Article IV.

REGULAR MEETINGS

Section 1. Time of Meeting-Quorum. Regular meetings shall be held in the District's Headquarters Building or at such places within the District as may be designated by the Chairperson on the first Wednesday or any other date as designated by the Chairperson, of each month at 9:00 a.m .. Regular meetings also may be held upon all other \Vednesdays. The Chairperson may designate a different time for any regular meeting.

l

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A majority of the full Board shall constitute a quorum, but the regular meeting on the first Wednesday of the month a meeting can be recessed by a smaller number of Directors fro1n time to time until a quorum can be obtained.

If a regular meeting day falls on a holiday, the meeting shall be held on a date designated by the Chairperson.

Section 2. Important Matters Before the Full Board. The Chairperson shall arrange, insofar as possible, that all especially impotiant matters and all matters of general policy shall be placed upon the agenda when it is lmown that all the Directors, excepting those who may be under disability or absent from the District at the time, wi-l-l can be present.

Section 3. Agenda-New Matter. An agenda of matters to be considered at a regular meeting shall be prepared by the Secretary and delivered as provided in Article III. Any matter shall be placed upon the agenda at the request of any Director if made by 3 :00 p.m. of the Monday prior to the meeting.

No new matter shall be placed on the agenda for consideration and action at that meeting, except items of an emergency nature, which may be considered by consent of the majority of the membership of the ful.l-.Board.

Section 4. Recess. Regular meetings may be terminated by adjournment or may be continued by recessing until a stated day and time prior to the next regular Wednesday meeting, but no new matter, except items of an emergency nature, can be acted upon when reconvened after recess.

Section 5. Roll Call Vote. Any action taken on any question or motion, duly moved and seconded, shall be by roll call vote of the Board in open session and the minutes shall state how each Director voted, or if the Director was absent or not voting.

Section 6. New Matter May Be Laid Over. Upon request of a Director, any new matter which has not previously been considered by a committee, shall be laid over once until the next regular meeting.

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Upon request of a Director, any new matter which has previously been considered by a committee shall be laid over once until the next regular meeting unless the request is denied by a majority vote of the full Board. A majority of the full Board may lay over any new matter until the next regular meeting or for a longer period of time.

Section 7. Majority of Full Board Must Vote. Any action taken shall require the affirmative vote of a majority of the full Board, except action taken to fill a vacancy on the Board, which action may be taken by the remaining Directors.

Section 8. Copies of Minutes to Directors. Each Director shall receive a copy of the minutes of the previous meeting of the Board by delivet)' at the address designated for receipt for notice of meetings within 10 working days after such meeting, but not later than the morning of the next succeeding meeting, whichever occurs earlier.

Section 9. Proxies. No Director may vote by proxy.

Section 10. Chairperson Pro Tern. In the absence of the Chairperson and Vice-Chairperson, a Chairperson pro tern may be elected by a majority of the remaining Board Members.

Section 11. Electronic Communications. The Secretary may deliver such documents referenced herein via electronic means so long as such delivery is determined to be secure. A Director may also request such delivery to be made via United States Postal Service delivery.

Article V.

SPECIAL MEETINGS

Section 1. Call and Notice of Special Meetings. Special meetings of the Board may be held at any time in the Headquarters Building of the District, or at such places within the District as may be designated by the Chairperson, upon call of the Chairperson or at the request of two Directors made to the President. Notice of the special meeting and the particular business to be considered shall be delivered to each Director as provided in Article III.

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Section 2. Majority of Full Board Must Vote. No action shall be taken at any special meeting except upon the affirmative vote of a majority of the full Board.

Section 3. Minutes. Minutes of a special meeting shall be kept and reported to the Board at the next regular meeting.

Article VI.

OTHER CALLED MEETINGS, CLOSED SESSIONS AND EMERGENCY MEETINGS

Section. 1 Informal Discussion No Power to ,_A_..ct. Upon the request of the Chairperson, or the request of any Director, the Board may meet at any time or place for the purpose of informal discussion of any probletn of the District, but shall have no power to take any action of any character, reach any binding agreement or make any binding pledge.

Section:2- 1. Notice. Each Director shall receive notice of the time and place of such a conference meeting. Notice to the public shall be given as provided in Article III.

SectionJ 2. Closed Sessions. The Board may hold a closed session by the affirmative vote of a majority of Directors in attendance at a meeting if a closed session is clearly necessary for the protection of the public interest or the prevention of needless inju1y to the reputation of an individual and if such individual has not requested a public meeting. Closed session shall comply with Neb. Rev. Stat. § 84-1410 and in full compliance with the Section 84 14 4 0 of the :Nebraska Open :r•vieetings i\.ct as it may be amended from time to time. The subject matter and the reason necessitating the closed session shall be identified in the motion to close.

Section4-. 3. Emergency Meetings. When an emergency exists, the Board may hold an emergency meeting either at the District's Headquarters Building or other designated place within the District, or by means of electronic or telecommunication equipment.

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Minutes shall be kept of the meeting and any action taken shall pe11ain only to the emergency, the nature of which 1nust be stated within the minutes. Such meeting may be called by the Chairperson or at the request of any two Directors made to the President.

Article VI I.

ORGANIZATION CHART

Section 1. Organizational Chart. The President shall, from time to time, prescribe an organizationalal chart for the District and fix the duties and responsibilities of the several departments, and the officers and employees thereof, including the Senior Vice Presidents, except as otherwise provided by these Bylaws Bylaws, and except the President and the Senior Vice President, General Counsel.

Article VI 11.

EMPLOYMENT

Section 1. Salaries. The salaries or other compensation of all officers and employees shall be fixed by general rule or classification, except those that by lav1 require a recorded vote of the Board by law.

Section 2. Selection of Employees. The President, Senior Vice Presidents and Senior Vice President, General Counsel shall be selected by the Board. All other employees shall be selected by the President, in conformance to the established personnel practices and procedures of the District.

Section 3. Directors Not to Interfere. Employment, promotion and demotion of employees shall be governed by the District's established personnel practices and procedures, without interference by any Director. Any concerns in this area by a Director shall be addressed to the President only.

Section 4. Directors Not to Solicit Officers and Employees. No Director shall solicit any officer or employee for contributions or donations to any funds or drives, or sell tickets to any officer or employee

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for such purposes. The President shall notify all Board members if a Director violates this section.

Section 5. Directors Not to Be Hired. No Director shall be hired by the District in any capacity as an employee or consultant until such time as

they have been off of the board for a period of one year.

Article IX.

MISCELLANEOUS

Section 1. Annual Budget. An annual budget shall be adopted by the Board. No substantial departure that would exceed the total approved budget shall be made without first obtaining the approval of the Board.

Section 2. Monthly Report by President. The President shall make a monthly repo1i to the Board concerning the operations of the District for the previous month.

Section 3. Special Terms for Sales or Service. No special rates, discounts, concessions, terms or favors of any character, either individually or by class, shall be granted without the approval of the Board.

Section 4. Formal Public Statements. All formal public statements of Board policy shall be approved by the Board prior to publication.

Section 5. Inspection of Public Records. Public records of the District shall be subject to inspection and examination by the public during business hours when a written request is made in good faith to the President or the Senior Vice President - General Counsel. Public records shall be provided in accordance with the Nebraska Public Records Act, Neb. Rev. Stat. Section § 84-712 through 84-712.09, as amended.

Section 6. Obligation of Contracts. These Byla~'s Bylaws shall not be applied so as to impair the obligation or contracts or of vested rights.

Section 7. Directors, Officers and Employees-Legal Action. If any legal action shall be brought against any Director, the President, any

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Senior Vice President, the Senior Vice President, General Counsel, any Vice President or any other District employee based upon the negligent error or omission of such official or employee while in the performance of his or her lawful duties, the District shall defend such official or employee against such action. If final judgment is rendered against such official or employee, the District shall pay such judgment in his or her behalf and shall have no right to restitution from such official or employee.

Article X.

SUSPENSION OF BYLAWS

Section 1. Suspension of Bylaws. These Byla:ws Bylaws may be suspended for a paiiicular meeting by the vote of a majority of the full Board to the extent made nec·essary by a serious emergency, the nature of the emergency being described in the motion or resolution

Article XI.

AMENDMENT TO BYLAWS

Section 1. Amendment. These Byla\\'S Bylaws may be amended by the affirmative vote of a majority of the full Board. The proposal for amendment shall be made in writing at a regular meeting and shall be laid over, to be acted upon not earlier than the second succeeding regular meeting.

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Part II Committee Guidelines of the Board of Directors

Metropolitan Utilities District of Omaha

revised September 2010

This document provides guidelines for matters ref erred to the various Board committees. The 10 standing committees are:

I. ACCOUNTS, EXPENDITURES, FINANCE AND RATES (AEF & R) ..................................................................................... 14

II. CONSTRUCTION AND OPERA TIO NS (C & 0) ................... 15

III. INSURANCE AND PENSIONS (I & P) .................................... 16

IV. JUDICIA.RY JUDICIAL AND LEGISLATIVE (J & L) ......... 16

V. MARKETING/CONSUMER INFORMATION ....................... 17

VI. PERSONNEL ................................................................................ 17

VII. SERVICES AND EXTENSIONS (S & E) ................................. 18

VIII. SECURITY AND SAFETY ........................................................ 19

IX. AUDIT ........................................................................................... 19

X. GOVERNANCE ........................................................................... 19

XI. COMMITTEE OF THE WHOLE ............................................. 20

From time to time the The Chairperson of the Board may appoint ad hoc committees ( e.g. Strategic Planning).

On occasion there \vill be specific Specific topics that 1vvill may be forwarded to more than one committee for consideration.

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I. ACCOUNTS, EXPENDITURES, FINANCE AND RATES

Items related to the accounting and financial functions of the District are referred to this committee. They include:

· • All District disbursements including procedures for issuing wanants and checks.

• Weekly disbursements.

• Monthly reports of income and finances including schedule of investments.

• All investment funds except pension funds.

• Annual operating budget.

• Annual financial audit.

• Gas and water rates, uniform charge rates for main extensions, gas service policy, connection charges, capital facilities charges and all other fees and customer charges ( e.g., Billing Price Book).

• Gas supply contracts (jointly with Construction and Operations Committee).

• Gas and water supply mains and contracts to serve new or existing franchised areas ( e.g., Springfield, LaVista La Vista, Bellevue, Waterloo, Bennington, Foti Calhoun) to be jointly considered with Construction and Operations Committee.

• Fire hydrant levy and rates ( e.g., rates for temporary usage and connections, and private hydrant maintenance fees).

• Collection policies, charge-off of uncollected bills, turnoff policies, budget plan, cashiering, customer service.

• Outside services related to the accounting and financial functions, including actuarial and auditors, information systems.

• Revenue bonds, including all related fees. • Plant retirement charges to the reserve depreciation. • Treasurer's repo1is.

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• Write-offs of uncollectible accounts. • Purchasing gas and water systems from others or franchise

agreements with outlying communities ( e.g., Bellevue, Springfield, LaVista La Vista, Waterloo, Bennington, Foti Calhoun). Matters relating to costs of main extensions, connections and other costs.

• Renting/leasing excess property not declared surplus. • Contracts with City of Omaha and other entities for collecting user

fees.

II. CONSTRUCTION AND OPERATIONS

Items referred to this committee include capital improvements to District facilities, engineering operations and maintenance of those facilities, specifically:

• Design and construction of all new plant facilities.

• Renovating, remodeling or revisions of all existing plant facilities.

• Purchasing all materials and equipment.

• Maintaining all facilities including replacements ( e.g., pumps, engines, valves, regulator stations and main replacements).

• Service contracts for maintenance of buildings, grounds, equipment and distribution facilities; other services such as trash removal, security and barricading.

• Engineering and technical outside services contracts related to construction, operations, system planning, operations and maintenance planning and work load management.

• Gas and water mains for supply, transmission, reinforcement and replace1nent, relocations, excluding mains to serve new customers.

• Gas and water supply mains and contracts to serve new or existing franchised areas ( e.g., Bellevue, Springfield, LaVista La Vista,

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Waterloo, Bennington, Fort Calhoun) to be jointly considered with Accounts, Expenditures, Finance and Rates on financing issues.

• Contracts for gas and water mains and all other District facilities, ( e.g. change orders, final payments).

• Construction operations policies related to work by contract and/or District forces.

• Long-range master plans for orderly expansion of the gas and water supply and distribution system.

Ill. INSURANCE AND PENSIONS

The following items are referred to the Insurance and Pensions Committee:

• Investment policy for pension funds.

• Quarterly performance reports of the pension fund managers.

• Selecting fund managers.

• Any pension change not covered by the bargaining unit contract, such as for retired employees.

• Actuarial reports.

• Insurance matters relating to property and liability insurance.

IV. JUDICIAL AND LEGISLATIVE

Those items related to the functions of the Law Department and legislative activities affecting the District are referred to the committee and would more specifically include:

• Board of Directors Bylaws Bylaws.

• Election activities ( e.g., payments, certification of returns).

• Settlements of claims.

• Legislative activities (lobbying, position on legislative bills).

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• Retaining outside counsel.

• District boundaries.

• Gas and Water Rules. • Easements for construction of gas and water distribution mains and

facilities and releases when no longer needed.

• Acquiring property and declaring surplus property.

V. MARKETING AND CONSUMER INFORMATION

Those items related to the functions of public info1mation, marketing, customer service and community affairs are referred to this committee and will specifically include:

• Marketing policies, plans and programs.

• Demand-side management programs, integrated resource planning, conservation.

• Promotional activities.

• Public relations policies, plans and programs.

• Customer Information: CUSTOMER NEWS, Employee Speakers Bureau.

• Community relations, plans and programs, Heat Aid Fund.

• Advertising (policies, programs, safety).

• Participation in community affairs.

VI. PERSONNEL

Those items related to the functions of the Human Resource Department are referred to this committee and more specifically include:

• Personnel policy.

• Executive salary adjustments.

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• Annual salary and benefit review for Supervisory, Professional and Administrative (SPA) employees.

• Promotional increases.

• Wage and benefit reviews for Operating, Administrative and Technical (OAT) employees.

• Union negotiations for bargaining unit employees.

• All special training, safety, educational and health awareness programs.

• Contracts related to Human Resources, ( e.g., management or personnel consultants).

• Special employment policies related to Equal Employment Oppo1iunities Commission and other agencies of the state or federal government.

• Employment of and re-evaluation of positions for SP A employees.

• Retirement plan.

• Health, dental, disability and life insurance for employees.

VII. SERVICES AND EXTENSIONS

Those items related to gas and water mains for individual customers and real estate developments are ref ened to this Committee and more specifically include:

• Gas and water main extensions and policies, except for wholesale or franchised service, relocation work, or major reinforcing gas or water supply mains.

• Creation and rescission of gas and water main districts.

• Denials of private water lines.

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VIII. SECURITY AND SAFETY

Those items related to the security of District facilities and safety of employees and the general public are referred to this Committee and more specifically include:

• Workplace hazards.

• Department of Homeland Security regulations and programs.

• Physical security measures.

• Personal injury and vehicle accident statistics.

IX. AUDIT

The Audit Committee exists to ensure the integrity and efficiency of the entire audit process, as well as the system of internal controls and financial repo1iing. An effective Audit Committee should have open lines of communication with management, internal auditors and outside auditors. Responsibilities of the Audit Committee more specifically include:

• Review and approval of all aspects of auditing, both internal and external.

• Oversight of risk manag1nent management.

• Oversight of financial statements and internal controls.

X. GOVERNANCE

Those items related to the Board's exercise of its governing authority are referred to this Committee and more specifically include:

• Review proposed amendments to the Byla:ws Bylaws.

• Review matters of parliamentary procedure.

• Assist the Board in matters that enhance the effectiveness of the Board in caiTying out its governing function.

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XI. COMMITTEE OF THE WHOLE

The Committee of the Whole is comprised of all men1bers of the Board operating under informal rules to review subjects of common interest to all members.