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HomeMy WebLinkAbout03-13-1984 EMNRG1MCY AGORA ADDENDUM CITY OF DEN` ON CITY GUUCCIL Mardi 13, 1984 1. Consider approval of a proposal fi:ow FUlt;Oll ;~Upply Company. GERTIFlCATE I certify treat uie above notice of ineeti.nb was poatod oil the bulletin board at the City Hall of the City of llonton, Texas, on tale day of , 1984 ar, u o'clo(,k (a.al.) (p.ia, j CITY SECRETARY 12990 r March 13, 1984 CITY COUNCIL EMERGENCY AGENDA ITEM SUtiJt,CV: Consider Approval of Proposal from Fulton Supply Company SUMMAKY: Attached is a proposal from Fulton Supply Company to remove all pipes, pumps, and miscellaneous items from the Denton Arts Complex, formorly known as the Old 1laretwuse, Fulton Supply proposes to remove all inside materials, and the City will take down all outside pipes, pumps, etc. The proposal also states Fulton Supply Company -will receive all the, scrap material, FISCAL SUMMARY: Proposal as stated $5,300,00 Source of Funds - 610-008-0251-8331 (Electric Production Division-Decommissioning of Diesel Plant) ACTION REQUIRED: Approve, disapprove or modify proposal from Fulton Supply Company, and authorize staff to negotiate a contract in an amount not to exceed $5,300 with Fulton Supply for the removal of all surplus scrap at the Denton Arts Complex, RECOMMENDATION: Ttjo Staff recommends that the proposal be accepted, Regards, X- ~ K. E. 14olsott Director of Utilities I,XHIBIT 1 Proposal tram llulton ;supply Company 2867U-3 EN ERGENCY AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL Marcn 13, 1984 1. Consider approval of a' proposal from Fulton supply Company. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1984 at 0 clock (a.m.),(p,M.) CITY SECRETARY 1299C AGENDA CITY OF DENTON CITY COUNCIL March lif 1984 Work Session of the City of Denton City Council on Tuesday March 13, 1984, at 5:30 p.m, in the Cavil Defense Room of the Municipal Building at which the following items will be considered: 5030 P.M. 1. Receive a report on the Arts Council building. 2. Receive a report on 1983/84 Development Guide Update. 3. Receive a report on the status of delinquent property taxes. 4. Executive Session: A. Legal Matters Under Sec, 2(e), Art, 6252-17 V.A.T.S, B. Real Estate Under Sec. 2(f), Art. 6252-17 V,A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Apppointments Under Sec. 2(g), Art 6252-17 V.A,T.S, March Regular 13, ~~e 184, o at t 7:00 City m~.t in ll the Council Council Cambers T of d the Municipal Building at which the following items will be considered: 7:09 P.M. 1. Presentation of a retirement plaque and resolution in appreciation of Lucille Eggleston for 15 years with the City of Denton Finance Department, 2. Consider approval of Minutes of the Regular Meeting of December n, 1983. 3. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda ~Iaroh 13, 1984 Page Two A. Bids: 14 Bid # 9210 - Tree trimming, Electric Distribution 2. Bid # 9242 - Streetlight poles and wires 3. Bid # 9243 - Valve repair and additions 4. Bid # 9244 - Sale/transplant of trees 5. Bid U 9245 - Lease of farm land at the City of Denton Airport 6, Bid # 9246 - Cut-outs and cables 7. Bid 0 9247 - General purpose tractor 8, bid # 9248 - Air compressor 9, bicl 1l 9149 Panhandle Street utility improvement 10. bid # 9250 - Paisley Street water line B. Plats; 1, Approval of the reliminaryy plat of the Mulberry Creek Addition. (The Planning and Zoning Commission recommends approval.) C. Contracts and Agreements; 1, Consider approval of an agreement with Pierce-Catterton Executive Search firm. 2. Consider approval of an contract with Practical Management Associates, Inc, for training worKshops/seminars, 3. Consider approval` of an agreement with the Denton Cultural Confederation and the Denton Chamber of Commerce Convention/Visitor's bureau for the allocation of the hotel/motel occupancy tax revenues, 4. Consider authorizing the City Manager to enter into an agreement with Dr. James Glass to conduct the 1984 City of Denton Citizen Survey. 5. Consider approval of participation in an oversize water line (12") on Ridgeway Drive to service Southridge Village Shopping Center. (The Public Utility Board recommends approval,) City of Denton City Council Agenda Maroh 13, 1984 Page Three 4. Consider approval of a resolution closing Fry Street between Oak and Hickory for the Fifth Annual Fry Street Fair/Spring Rennaissance. 5. Public Hearings; A. Z-1635. This is the petition of Billy R. Jones, representing the Medical Building l pany, requesting a thane in zoning from multi lom family (MF-1), office (0 , and planned development (PD for office use) to the planned development (PD) classification on a 6,033 acre tract located adjacent and west of Bonnie Brae Street between West Oak and Scripture. If approved, the plannea development (PD) will permit the construction of a retirement center comprised of a seven (7) story multi-family housing complex tIU4,230 square feet of building area) and a 60 unit personal care facility (25,500 square feet of building area). (The Planning and Zoning commission recommends approval.) 1. Adoption of an ordinance approving a change in zoning from multi family (MF-1), office (0), and planned development (PU for office use) to the planned development (PD) classification on a 6.033 acre tract located adjacent and west of Bennie Brae Street between West Oak and Scripture. B. Z-1642. This is the petition of Larry Satell, representing Medical Practice Management, Inc., requesting a change in zoning from single family (SF-7) to the planned development (PD) classification for light industrial (LI) use on a 53.985 acre tract beginning adjacent and east of Loop 288 approximately 300 feet south of Spencer Road. (The Planning and Zoning Commission recommends approval,) 1. Adoption of an ordinance approving a change in zoning from single family (SF-7) to the planned development (PD) classification for light industrial ('L1) use on a 53,985 acre tract beginning adjacent and east of Loop 288 approximately 300 feet south of Spencer Road, C. V-1. This is the petition of M. D, RiKe requesting a variance of City of Denton land development codes requiring the extension and City of Denton City Council Agenda March 13, 1984 Page Four improvement of one half of Houston Place and the extension of public water and sewer mains across the full lengt1i of a tract approximately 94,8' x 146,7' in size, The tr,,Act beg,ns adjacent and we.;t of 2322 Houston Plate and approximately 400 feet west of Thomas Street, 'he property is zoned single family (SF-7) and single family detached development is proposed. (The Planning and "Zoning Commission recommends denial,) D. This is a public hearing concerning the proposed annexation of approximately 25.99 acres of land located east of the existing city limit along Highway 377, south of brush Creek Road, (Z. 1641) E. Tnis is a public hearing concerning the proposed annexation of approximately 75,21 acres of land located west of Interstate 35W and north or. Corbin Road, (Z-1645) 6. Ordinances; A. Consider adoption of an ordinance approving the request of Walter H. De Ronde for a change in zoning from a rieultural (A) to the planned development (PD1 classification on a 78.112 acre tract out of the Benjamin Lewis Survey, The property is located adjacent and west of the Denton State School and east of Denton West Mobile Home Park with approximately 975 feet o frontage along FM 2181 (Teasley Lane). (Z-1634 B. Consider adoption of an ordinance appprovinj revisions or additions to the Subidivision Ordinance including filing of plats, primary references, street costs and participation, and driveway culvert specifications. (The Planning and "Zoning Commission recommends approval.) C. Consider adoption of an ordinance prov;ding new water and sewer tapping fees for water and sewer service. (The Public Utility Board recommends approval,) 7. Resolutions: A. Consider approval of a resolution in support of the Police Department Crime Prevention Grant from the Morth Central Texas Council of Governments. City of Denton City Counoi Agenda March 13, 1984 .Pgge Five 8. C onsider approval of a resolution in support of the Programli GraAtparfromnt the VeNorth L Central reTexas Council of Governments, Consider approval of a recommendation to offer North Texas MedCare Health Maintenance organization (HMO) to all City employees and retirees as alternate health care benefit program. 9. Consider approval of an engineering services contract with Freese and Nichols, Inc, for an expanded Hobson Street lift station, (The Public Utility Board recommends approval.) 10. Consider approval of a contract for professional services with Black and Veatch for an operation and efficiency improvement study for units 4 and 5 of the Electric Power Plant. (The Public Utility Board recommends approval.) 11. Consider approval of an emergency authorization agreement for restoration of service. (The Public Utility Board recommends approval.) 12. Consider approval of an agreement with Arthur Anderson to perform an examination of the City of Denton financial statements for fiscal year 1984, 13. Consider approval of payment to North Texas State University for drainage improvements to Welch Street. 14, Official Action on Executive Session Items; A. Legal Matters 8. Real Estate C. Personnel DI Board Appointments 15. New business: This item provices a section for Council Members to suggest items for future agendas. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of f Y 198+ at o' c l o c a, M. e, z rY -s~Z'AE'I'e~Y~ 1293C AGENDA CITY OF DENTON CITY COUNCIL March 13, 1984 Work Session of the City of Denton City Council on Tuesdayy, March 13, 1984, at 5:30 p.m. in the Civil Defense Room of Me Municipal Building at which the following items will be considered: 5:30 p.m. 1. Receive a report on the arts Council building. 2. Receive a report on 1983/84 Development Guide Update, 3. Receive a report on the status of delinquont property taxes, 4. Executive Session: A. Legal Matters Under Sec. 2(e), Art, 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), j1rt, 6252-17 V.A.T.S. C. Personnel Under Sec, 2(g), Art 6252-17 V.A.T.S. D. Board Appointments Under Sec, 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on 'Tuesday, Mauch 13, 1984, at 7:00 p,m, in tt►e Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Presentation of a retirement plaque and resolution in appreciation of Lucille Eggleston for 15 years with. the City of Denton Finance Department, 2. Consider approval of Minutes of the Regular Meeting of December u, 1983. 3. Consent Agenda: Each of these items is recommended oy the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City !Manager or his designee to implement Cacti item in accordance with the Staff recommendations. City of Denton City Council Agenda Mavoh 13, 1984 Page Two A. Bids; 11 Bid d 9210 - Tree trimming, Electric Distribution 4 2, Bid # 9242 - Streetlight poles and wires 3. Bid 0 9243 - Valve repair and additions 4. Bid 11 9244 - Sale/transplant of trees 5. Bid 11 9245 - Lease of farm land at the City of Denton Airport 6. Bid 11 9246 - Cut-outs and cables 7. Bid f/ 9247 - General purpose tractor 8. Bid 0 9248 - Air compressor 9. Bid U 9249 - Panhandle Street utility improvement 10. Bid # 9250 - Paisley Street water line B. Plats; 1, Approval of the reliminary plat of the Mulberry Creek Addition. (The Planning and Zoning Commission recommends approval.) C. Contracts and Agreements; 1. Consider approval of an agreement with Pierce-Catterton Executive Search Firm. 2. Consider approval of an contract with practical Managemont Associates, Cne. for training worKshops/semiriars. 3. Consider approval of an agreement with ttte Denton Cultural Confederation and the Denton Chamber of Commerce Convention/Visitor's Bureau for the allocation of the hotel/motel occupancy tax revenues, 4. Consider authorizing ttie City Manager to enter in Lo an agreement with Dr. James Glass to conduct the 1984 City of Denton Citizen Survey. 5. Consider approval of participation in an oversize water line (12") on Ridgeway Drive to service Southridbe Village Shopping Center. (The Public UL[li.ty Board recommends approval.) City of Denton City Council Agenda March 13, 1984 Page Three 4. Consider approval of a resolution closing Fry Street between Oak and Hickory for the Fifth Annual Fry Street Fair/Spring Rennaissance, 5. Public Hearings; A. Z-1635. This is the petition of Billy R. Jones, representing ttie Medical Building Companyy, requesting a char a til zoning from multi family (r1 E'-1)office (0T, and planned development (PD for of,,-.,C e use) to the planned development (PD) classification oil a 6,033 acre tract located ad,jaeunt and west of Bonnie Brae Street between West Oak and Scripture, if approved, the plannea development (PD) will permit the construction of a retirement center comprised of a seven (7) story multi-family housing complex (1043230 square feet of building area) and a 60 unit personal care facility (25,500 square feet of building area). (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approvingg a change in zoning from multi family (MF-1 office (0), and planned development (111) for office use) to the planned development (PD) classification on a 6,033 acre tract located adjacent and west of Bonnie Brae Street between West Oak and Scripture. B. Z-1642, This is the petition of Larry Satell, representing; Medical Practice Management, lnc., requesting a change in zoning from single family (SF-7) to the planned development (PD) classification for light: industrial (L1) use on a 53,985 acre tract beginning adjacent and east of Loop 288 approximately 300 feet south of Spencer Road. (Tile Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approving a change in zoning; from single family (SF-7) to the planned development (PD) classification for light industrial (Ll) use or, a 53.985 acre tract beginning adjacent and east of Loop 288 approximately 3OU feet south of Spencer Road. C. V-1. 'Ellis is the petition of In. D. Rine requesting; a variance, of Gity of Denton land development codes requiring; the extension and City of Dentin City Council Agenda March 13, 1934 Page Hour improvement of one half of Houston Place and the extension of public water and sewer mains across the full length of a tract approximately 94.8 x 146.7' in size. The tract begins adjacent and west of 2322 Houston Place and approximately 400 feet west of Thomas Street. The property is zoned single family (SF-7) and single family detached development is proposed, (The Plnnning and Zoning Commission recommends denial,) D. Tnis is a public taearing concerning the proposed annexation of approximately 25.99 acres of land located east of the existing city limit along Highway 377, south of Brush Creek Road. (Z_1641) E. Tnis is a public hearing concerning the proposed annexat.lon of approximately 75.21 acres of land located west of Interstate 35W and north of Corbin Road, (Z-1645) 6. Ordinances: A. Consider adoption of an ordinance approving the request of Walter H. DeRonde for a' than a in zoning from agricultural (A) to the p Panned development (M classification on a 78.112 acre tract out of the Benjamin Lewis Survey. The property is located adjacent and west of the Denton State School and east of Denton West Mobile Home Park with approximately 975 feet of frontage along FM 2181 (Teasley Lane). (Z-1634) B. Consider adoption of an ordinance appproving revisions or additions to the Subidivision Ordinance including filing of plats, primary references, street costs and participation, and driveway culvert specifications. (The Planning and Zoning Commission recommends approval.) C. Consider adoption of an ordinance providing new water and sewer tapping fees for water and sewer service. (The Public Utility Board recommends approval.) 7. Resolutions: A. Consider approval of a resolution in support of the Police Department Crime Prevention Grant from the North Central Texas Council of Governments. City of Denton City Couitoil Agenda March 13, 1984 Page Five B, C the onsider approval of a resolution in support oz Programli GraDtpafromnt the VeNorth L Central Enforcement Council of Governments, Consider µpYroval of a recommendation to offer North Texas McdCare Health Maintenance Organization (HMO) t:; all City employees and retirees as alternate healt,; care benefit program, 9. Consider approval of an engineering services contract With Freese and Nichols, inc. for an expanded Hobson Street lift station. (The Public Utility Boarc recommends approval,) 10, consider approval of a contract for professional services with Black and Veatch for an operation and ei:ficiency improvement study for units 4 and S of the Electric Power Plant, (The Public Utility Boars; recommends approval,) 11. Consider approval of an emergency authorization agreement for restoration of service, (The Public Utility Board recommends approval.) 12. Consider approval of an agreement with Arthur Anderson to perform an examination of the City of Dentou financial statements for fiscal year 1984. 13. Consider approval of payment to North 'T'exas State University for drainage improvements to Welch Street. 14• Official Action on EXecutivc: Session Items A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 15. New Business; Tnis item provides a section for Council Members to suggest items for future agendas. CERTI CICAT.E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, 'T'exas, on the day of at 1984 12930 . C1'TY Oil DENTON MEMORANDUM DATE; 14'ebruary 10, 198,1 TO Honorable Mayor and City Council PROM; Jeff Meyer hiroctor of Planning and Community Development SUIM UCT: YHARLY REVIEW OV DENTON DEVi3LOPNi NT GUIDE The attached issue papers are presented for your information and preliminary review. As required by the Donton Development Guide Policies on page four, "tile Guide is to be placed on tl;e Planning and Zoning Commission's Agenda yearly f:Or reCelllnlCll- dations to you for minor modifications and/or readoptien". The issue papers represent a series of issues that has been brought to the staff's attention over the last year. Due to the length of the document, it was thought advisable to bring it to )'our attention for preliminary review and guidance before submissioli to the Planning and Zoning Commission, The length of the doc- umont is due in part to the time since it was last brought to your attention, and because of the large volume of develop- ment activity over the last 18 months. increased activity means the staff is using thn Guide with greater frequency which also means more questions drC raised about its interpretation. The staff's major concern is to make sure that we are relaying to the public your Development Policies, The questions about the Guide policies are presented in the attactied document in a series of issue papers. It is suggested that the Council read over these issues in a preliminary Cash- ion and mark on the papers themselves any issues that need to be deleted, additional alternatives that need to be considered, or new issues, The staff will then compile the preliminary Council review into a composite report form to be presentod to the Planning; and Zoning Commission for its detailed review and Yoarly Roview of DoIlLon Development Guide )iebvuaty 10, 1984 Page Two rer.ommondatioil. 'i'o stay on schedulo, iL is rosp~,ctfully roquosted that written commenLs, if ally, are returned within tho next two weeks, Attachment gf 0194g 1983 DEVELOPMENT GUIDE UPDATE issuE PAPERS JANUARY 24, 1984 0006g ga ISSUE kl t.1,ARIFY WHAT TYPE OF PROJECT FALLS UNDER THE, GUIDE CATEGORY CALLED APARTMEP+T POLI C I FS . BACKGROUND: The Land Use Planning Committee considered density policy ter- ~inology prior to designating specific land use pclicY, The k.on:mittee settled on a density terminology policy as follows: (Reference page 38 and 39 of Denton Development Guide 1980, Appendix Vol. I) APPROXIMATE RANGE AVG. Low Density 0 - 5 units/ac - 4 Medium Density 6 - 12 units/ac - 9 High Density 13 - 36 units/ac - 24 ',he development guide capacity and intensity standards Uere rased on these density policies. Ile staff has been interpreting the development guide reference k.u apartments as corresponds to the above high density. In ether words, anything above 12 units per acre is classified partments, Applied to our zoning ordinance, this would generally fall in the W-1 and above districts. This inte.r- "t!tation becomes important because the guide has specific performance standards for apartment (high density) whereas it toes not for low and medium density. (see pe. 24 and pg. 29) COMMENDATION: The current interpretation allows flexibility of housing design rc with control of apartments. Medium density does not need performance standards like apartments since medium density ousing does not present major problems if 1) the overall neighborhood intensity standard is strictly enforced, and 2) good site planning is maintained. Therefore, it is recommended chat the current apartment definition be maintained. (12 units acre or more) A1,TEP.NATIVFS : Confirm the current policy interpretation of 12 units/acre or more. Include medium density tender apartment nigh density pol- icies (i.e. 6 units/acre or above). Other (Specify) ISSUE N2, ACCESS REQUIRED FOR HIGH DENSITY HOUSING BACKGROUND: The guide sugggests that apartments (high density housing) have their access by: In moderate intensity area "access to major thoroughfares required" In low intensity area "access bhp collector street or larger" (page 25) "to have major street access" (page. 29). The City of Denton has an abundance of streets designed as col- lector streets. The intent of the policy was to have exclusive access by major collectors, Some of the interpretation has been access by any collector. This interpretation allows high density areas in the interior of low density housing, The guide goes on to say that access "not to be through low density streets," This latter part of the policy is sometimes ignored or not understood, The intent was to have the on access by a major collector while the practice is to have at least one ac- cess by any collector, then other access through low density is allowable, This inconsistency and/or intent needs to be clar- ified, RECOMMENDATION; In low intensity areas: high density requires the only access by secondary arterial, medium density requires at least one access by a collector street In moderate intensity areas: high density; expand current guide policy to read, "ar. least one access by major or secondary arterial with no access by low density residential street" medium density, at least one access by a collector street, ISSUE 02 PAGE 2 ALTERNATIVES; Maintain current policy interpretation Low density area, at least one access by collector Moderate intensity area, at least one access by collector or larger Change policy to above recommendation Other (Specify) i ISSUE 03 CLARIFY THE INTENT OF THE POLICY "TO HAVE STRICT SITU DESIGN REVIEW FOR ALL PROJECTS WITHIN ONE BLOCK OF EXISTING SINGLE FAMILY DWELLINGS." (THE INTENT is TO PROTECT THE CHARACTER OF THE NEIGHBORHOOD,) BACKGROUND; The practice has been to require planned development (PD) zon- ing, a screening fence, and some minor site modification, This practice does not appear to meet the intent of the policy, which was to include neighborhood character as well as site planning Planned development (PD) zoning does restrict the use to a specific use but the development standards have in the past, typically been traditional zoning, The neighborhood character standard could be called "good neighbor standards," For exam- ple,if existing adjacent single family had landscaped front yards then the commercial would likewise have landscaped front yards. If adjacent to single story single family, then the commercial/apartment would be single story or have large set- backs for transition to the neighborhood, in addition, commercial/apartment would have to restrict signs, no parking lot lights, pe°manent screening fences, etc, Also, when prac- tical,sYmilar architectural style would be encouraged. RECOMMENDATION: The protection cf neighborhoods, or if you IIke, just being a good neighbor is important, We recommend the above standards be incorporated into the guide as specific policies, ALTERNATIVES; Keep policy like it is, our PD zoning has accomplished the intent, Clarify the intent by changing the guide to include the specific performance policies as stated in the above background comment section. We should eliminate site planning requirements altogether, This is a waste of time and just discourages development, Other (Specify) ISSUE 114 CLARIFICATION OF THE POLICY ON APARTMENT CONCENTRATIONS IN LOW AND MODERATS INTENSITY N13I0HBORHOODS, BACKGROUND, The guide's intent was that the vast majority of concentration in low intensity areas w ouI6 be e s than 200 units with 500 units concentration only for unique sites, The same intent applied for the moderate guideline of 500 to 1000 units. The practice has been to apply the upper limit. Second, what is concentration in one place? The intent was that a complete different land use area separate concentration of apartments. The separation emphasis is on area and not one or two lots, The sub+ective nature of this may need guide- lines; i,e,, apartment concentrations to be separated by 50% of neighborhood width (or length), or 1/2 mile which ever is less, RECOMMEND "ION; The above intent should be specifically written into the guide policies. (i,e„ limit concentration to 200 units and sepa- rated by at least one-half the neighborhood etc.) ALTERNATIVES; Leave current policy in its generally unspecified terms. This allows greater flexibility. Change gui'de policy to specific standards as recommended: o Concentration in low intensity areas be limited to 200 units. o Concentration in moderate intensity areas be limited to 750 units. o Concentration must be separated from other high den- sity housing by l,'2 mile or 5O% of intensity area length, which ever is less. This separation includes separation from adjacent area high density housing, including moderate intensity areas, adjacent to low intensity areas, 0 Ile should not worry about apartment concentrations, Let the mar'..^t dictate how much is enough in one area. We should eliminate the current policy re- striction, Other (specify) ISSUE #5 POLICIES FOR MOBILE HOME PARKS BACKGROUND The guide specifically Addresses 'mobile homes only in regard to housing diversity (pg, 27), Mobile homes are considered one form of diversified housing. The guide suggests that divorsity be. encouraged all over town but not concentrated in any one area of town. Mobile home parts and mobile home subdivisions are generally designed to attract low and moderate income households which have been priced out of the traditional site built housin„ market, It is a national policy to avoid concentrations of low and moderate income housing and it is a policy of the Denton Devel oppment Guide that diversified housing be available throughout tho planning area, not overly concentrated in any particular location, One way to achieve this goal is to divide the City into quad- rants with Locust Street serving as the north-south baseline, such line to be extended to the northern and southern bound- aries of the City of Penton. The east-west baseline would be formed by using East McKinney Street from its intersection with Locust Street and extended easterly in a straight line to the eastern extremity of the Denton city limits. The western base- line will be formed by using Hickory Street as the baseline and simply extending Hickory Street baseline from the square until it intersects with the western extremity of the City of Denton city limits. The City of Denton Housing Assist:iice Plon from October 1, 19L to September 31, 1986, indicates that approximately 3,000 households will be in need of housing assistance, The Manufactured Housing Association of Texas advises that the 111982" share of the housing market to mobile home housing was 35 percent, in order to determine the need for mobile home housing, multiply 3,000 households times 35 percent which equals 1,050 households, In order to insure that this type of housing is uniformly distributed throughout the City, we take need for mobile home housing, which is 1,050, and divide by four which equals 263 mobile home dwelling units, This figure roughly indicates the need for mobile home housing and indi- cates that a policy which would permit 250 to 300 mobile home housing units within each quadrant of the City, over the next three years, WOW ld he sufficient to address the need of the citizens.of Denton. I ISSUE kS PAGE 2 Background (cont.) Also, specific site locational policies are not addressod di - rectly in the guide, Traditional land rise planning criteria suggest that mobile home parks have similar characteristics as apartments. The), are not totally parallel since, for example, mobile home parks are less dense but needs of access, recro- ation areas, etc,, are similar. Part of this planning criteria is based on the fact that in many cases the owner uses a mobile home park as a temporary use till the mark.et catches up to higher uses for the site. PECOHNENDATION: o Diversity: Add a policy statement; 11300 new mobile home units Would be permitted between 1983 and 1986 in each of the four quadrants of the City," o Site Locational Policies; It is suggested that the current apartment policies he utilized for mobile home parks location policies. ALTERNATIVES; Mobile homes reviewed as per recommendations, above, No written policy needed Other (Specify) ISSUE 116 DISCUSS ONE OF THE GUIDE'S "PRIORITY" POLICIES The Protection of Existing llousing BACKGROUND The guide suggests that ppreserving our existing housing stock is a priority policy, Tho guide also suggests a priority of the priority is to especia:ly preserve low and moderate income housing, This policy is mentioned several places in the guide (Ref, page 9, 19, 23, 25, with particular reference to pg, 30, 31, 50, sl, 55), A number of recent zone cases have apparently questioned this policy or differed on it's application in certain neighborhoods. These decisions appear to be in conflict with the current pol- icy, therefore, clarification is needed in terms of. Is this still a priority policy? If not, how should it be modified? Should we identify areas of town where this will not apply? Other? The planning program workshop and/or participants that prepared the guide suggested a number of reasons for the current policy. affordable alterna- 1. Existing older housing is the only tive for many people, If we tame this housing from them, where do they go? 2. Low income people (including renters) should have the same protection of their quality of life as other residents. This includes protection from traffic, noise; privacy and their home property values. 3. Public action is one major cause of neighborhood de- cline, These actions can include changing zoning patterns, low priority for public improvements or community leaders publicly stating; that a neighborhoo,; is "in transition". All of these types of actions will in themselves perpetuate neighborhood decline, 4. There is very rarely a neighborhood that can be changed from, say, single family to commercial or apartment. The fact is, it will never be totally transformed; there will always be some housing left in the neighborhood, lice question is, does this housing need protection? ISSSUB #6 PAGE 2 Background (cont.) 51 Changing zoning in older neighborhoods always creates big winners and big losers, The big winners are the few who got their zoning' and are located in the r;ght place, These sites will develop commercial, apart- ments, etc, reaping big profits for the land owners, The losers (usually the majority) are the ones in the wrong location with or without zoning, The market will not redevelop these areas, The result is a pop- ulation who have to live in a continually declining quality of life and property values, 6. There is a public cost created by rezoning older neighborhoods. Typical increased costs include fire, police, sanitation, code enforcement, federal pro- grams, and in the areas redeveloped for apartments/ commercial there will be cost to upgrade utilities and streets that were not designed for these more intense uses. 7. The guide suggested that some very limited intrusion into residential areas could be considered under lim- ited conditions (for example, see pg, 2S). Part of this policy was discussed in the guide update issue (k3--PD zoning), OTHER COMMENTS; 1. Some suggest by limiting zoning we are trying to alter free market forces. However, this is often questioned since there can not be a free market unless the total City is rezoned so all can compete for the limited commercial/apartment market, 2. Another comment often suggested is that we will dis- courage development. However, it is a known fact that if the market demand is there and if there is any available land in town (not, including, say, the zone case site) then that market demand will be met whether or not a specific zone case is approved, 3. The tax'base question. It is many times suggested that the lot in question will generate more taxes if redeveloped retail or office than if left vacant, This is true as far as the site is concerned. How- ever, if the long run tax benefit/cost analysis is made for a total neighborhood the resultant decrease in neighborhood property values coupled with increased public cost will in most cases be negative. i ISSUE 6 POE ,3 Other Comments (cont.) 4, one major public cost for older neighborhoods that are rezoned apartments and retail is the required upgrad- ing of utilities and streets to accomodate the increased intensity. The original neighborhood was platted and designed for low density, Nigher density requires larger utility lines and wider streets, The public is usually left to correct these facilities, Ono solution to the problem is the Austin example, The City of Austin is currently back zoning all apart- ment zoning in older neighborhoods unless the property owners can bring utilities and streets up to apartment standards, 51 When zone cases come up in these neighborhoods, there is usually no opposition from residents and usually support from landlord property owners, Can we, therefore, interpret this lack of opposition as neighborhood support? The accepted opinion is that this conclusion rn^} ,iuL be correct. First, the neigh- borhood residF:,ts are not informed since notices go to owners, net renters, Further, most residents do not have the financial means, or education about the sys- tem to take part in the zoning process, Landlords on the other hand are in many cases ignorant of the effect on their property values. HA t, think they can sell to the apartment developer and reap great pro- fits, Unfortunately, in most cases, only a few lots have all the ingredients necessary to win the apart- ment lottery prize, the remaining propertius are the big economic losers, RECOMMENDATION; Ile continue the current policy which is a very strict and narrow interpretation of the criteria on page 25, including the planned development (PD) site plan requirements to include a design compatible in architectural scale (size) and site plan (front yard, side yards, etc.) ALTERNATIVES: Maintain the current poli o) that includes its current strict interpretation on the protection of older housing stock. This should not be our policy at all, eliminate all refer- ence in the guide. i M UE 6 ' PAGE 4 i Alternatives (cont.) The ctirrent policy should be maintained for most reas of town except the following neighborh.)ods which cannot real- istically be protected (Specify); 1) East of Carroll and North of Eagle, 2) South of Eagle between Avenue A and Carroll. 3) North of Oak and generally South of Congress- between Carroll and Bonnie Brae, 4) West of Carroll between Oak and University. 5) East of Carroll between Oak and University. 6) North Locust/Elm caplet, 7) East of Locust adjacent to TWU campus, 3) Other (Specify) Other (Specify) ISSUE 07 RFCONSIPM AND/OR CLARIFY THE INTENT OF POLICY (PG. 21) "DIVERSIFIED HOUSING SHOULD BE AVAILABLE IN ALL SECTORS OF THE CITY, WHICH ALSO SUGGESTS THAT ONE HOUSING TYPE SHOULD NOT BE CONCIiNTRATED-M-ONLY ONE SECTOR OF THE CITY," BACKGROUNDt The intent of this p0 icy is that all areas of town would have some apartments, small housing, mobile homes, etc. The prac- ice is generally that this type of housing is not allowed in some parts of town, such as the Northeast area of town. On the other hand areas such as East Denton are allowed to develop as much as the market dictates. COMMENTS: 1. Diversified housing tends to concentrate in areas of least resistance (areas already or easily rezoned). 2. It may not be "affordable" but it is clear that if diversified housing is allowed in all parts of town, then the market will usu-a1Ty respond RECOMMENDATION The current policies should be strictly enforced and equally applied to all low intensity planning areas. Allow limited amounts in all neighborhoods, but prohibit concentration in any one neighbor-Food. Strictly enforcing the overall intensity standard and concentration standard would be required. ALTERNATIVES: I agree with the recommendation. I do not agree with the recommendation. Diversity is fine but some areas of town deserve the right to be predomi- nately single family with no apartments,townhouses, mobile homes or any other higher density typ,i houses, These areas include: (Check: one or more) 1} Northridge .2) Northeast Denton Between Sherman and University 3) University Place 4) M.ontecito/Forrestridge S) Other (Specify) ISSUE M8 COMMERCIAL/OFFICE DEVELOPMENT ON CARROLL BOULEVARD BACKGROUND: The current policy is: (p, 53) "Strip Commercial Policy" "Carroll Boulevard is intended to be a major north/south throughway and maintaining throughway traffic flow is of high priority; therefore, strip commercial of Carroll is strongly discouraged. However, selected nodes such as the immediate downtown area would be permitted, Other sections of Carroll could support duplexes and small scale multi- family and office under very limited conditions:" "site design to protect adjacent single family requiring such things as screening fences, large setbacks, landscaped front yards, sign control, etc." "site design to insure good off-street circula- tion and parking anu very limited curb cuts in order to minimize traffic disruption on Carroll," "input from adjacent neighborhoods prior to a 0..ecision," COMMENTS: This policy suggests additional duplex, office and multi-family under very limited conditions and in only a few selected clus- ters (nodes), (Note: This policy also overlaps with housing preservation policies discussed earlier,) Comments at recent zone cases suggest this may not be the best development policy for Carroll Boulevard, Guidance is needed on this issue. RECOMMENDATION: Reconfirm the current guide policies, ALTERNATIVES: Maintain current policy for selected nodes of small scale office and multi-family with strict protection of existing adjacent neighborhoods. Change policy to allow all of Carroll frontage to be deve- loped in office/apartment but no retail, Protection of adjacent housing considered but not as a priority factor, ISSUE 8 PAGE 2 Alternatives (cont,) Change policy to prohibit a_n_~~ additional office or apart. ment zoning on Carroll Blvd; Change policy to allow retail as well as office and apart- ment zoning on Carroll with neighborhood protection considered but not as a priority factor, Other (Specify) I ISSUE Mq NEW SOUTHERN ALIGNMENT Of LOOP 288 AND THE CORRESPONDING MEDIUM INTENSITY AREAS, BACKGROUND; The platting of Lakewood Estates Mobile Home Park raised the question of Loop 288 alignment, The northern boundary of this subdivision was on the proposed alignment, The conclusion of the platting/planning process was not to require Loop 288 right-of-way and to move the alignment farther south, This decision needs to be confirmed and updated in )ur official land use and thoroughfare plans, COMMENT; 1, If we plan to continue the south loop an official alignment is required, 2, Reserving right-of-way for major roads that will be developed yoars in the future is very difficult, par- ticularly on alignments across property (as opposed to alignment down existing county roads, etc,). This problem was seen in Lakewood Estates plat, Moving the alignment will not solve the problem, it only delays it until it happens again, Therefore, an alternative is to maintain the current alignment, recognizing that right-of-way will have to be purchased from 'the owner, 3. Changing the alignment will change the land use plan, 4. It is recommended that the desired land use be deter- mined first and then the engineering constraints be considered second, One could be a veto factor over the other but usually an engineering problem can be overcome, whereas certain desired laid uses require a certain type of transportation, S. A preliminary engineering review of the new proposed alignment indicates no major problems, A map of this new alignment is attached with a more detailed map to be presented at. the meeting, ISSUE N9 PAGE 2 RECOMMBNIDAT ION, The alignment is recommended to be changed oHickory Creek are Rd„ and the two current medium intensity areas recommended to be moved to Teasley and Hickory Creek Rd, and Ft, North Dr, and Brush Creek Rd. ALTERNATIVES, Leave the alignment as shown in the guides We Will Just buy right - o£-way back Move the alignment to Hickory Creek Road as recommended, Other (Specify) ronoh R ~ m ~ ! ~ ' BOHhold Rd. •41011100 Fit, :sd r tF~ r P. ' / ^ . it I ♦ i o poP '~9.e 74 I . ~ ~ 1 I! • • ~ J ~ e lot t e + I~ SJ'~ rnr't ~s 1 KInOf'A { p i0 IN 1 w-, ~ TI. ~ t, cc t ~e y~.. ..!fir; ` .+3 • , ~ . r , ti ••w-tl irk Chtisto fld. kit 1k, 1) h ty Moir r'1~ - $DfIf. Y'; ~Oi RG,,~ 'i 1 Jilmf.r 1 g, , s osole C•In. y ~Ro Pr rc ix 1 ♦ 101 i 1 t V i jotkr t ion a s l • hot'~•: - ' a ' . , . Niikory Creek Sip ahn soil C., 4, rr J \ , i i r~-~=-~L_ T ter. P ♦ ~ 4v ~.,•Y ~~'j f to I~i ~ ~ t ♦ ~ • ,t 'rioposed :South Y..cso:p , 288 . o 06 ~b f 11.E G • d A 1 , r. H.`01.nry ,+itt'~"d v , tr 1 . . • \ r t,'l 44 • • •'r'CtYL1. a v.-W •d ISSUE X110 BELL AVENUE RIGHT-OF-WAY AND FUNCTIONAL DESIGNATION FROM MCKINNEY STREET NORTH BACKGROUND; Any road that is a continuous link across the city is in most cases functionally serving as a major arterial, Any road that connects major portions of the city in most cases functions.as a secondary arterial, Bell Avenue currently serves as a secon- dary arterial function-wise {rom University south to I-35E. Past thoroughfare planning provided for Carroll Blvd,/Bell Ave- nue to ser,.,e as couplet bypass around the congested downtown area, with Bell terminating as an arterial at University via Mingo, The 1951 Development Guide suggested continuing Bell, in a loop around TWU, and on north to Locust resulting in a functional classification as a major arterial, The 1982 Guide update eliminated the TWU Loop due to voter disapproval, Right-of-way constraints make the implementation north of Mingo difficult, The Engineeering Department suggested the following, "Bell has severe right-of-way restrictions which will most likely limit the right-of-way maximum to 60 feet, TWU has an existing 60 feet but it seems little chance that this will ever be expanded, There is also the problem of getting through the area above Sherman and University and with only 60 feet provided, We feel that Bell could be made a collector from McKinney Street to Locust. The classification should be secon- dary arterial from Mingo/McKinney Street to Dallas Drive to I-35E due to increased traffic loads, etc," RECOMMENDATION: The main concern is to set a definite right-of-way policy as decisions must be made on platting, The elimination of Bell as a major arterial north of McKinney will have some negative city wide land use impact due to the limited options we have for north/south major arterials, Carroll Blvd, helps considerably, but it cannot carry the sole north/south load for a city of 200,000 people. The Carroll question is particularly important in light of highly related policy decision on land use on Carroll, As more commercial, curb cuts, etc, increase, Carroll"s capacity will decrease. ilowever, right-of-way decisions on Bell have to realize the practical restraints, Therefore, it is recommended that Mingo/ McKinney South be designated second.nrv arterial and Bell North of McKinney to Locust as collector width (601) even though it will continue to function as an arterial, Issue 010 PAGE 2 ALTERNATIVESt Maintain current plan, Change plan as per recommendation, Other (Specify) ISSUE Oil MINGO ROAD RIGHT-OF-WAY BACKGROUND: Mingo Road was designated a major thoroughfare in the 1974 plan (and possibly before). The 1981 Development Guide called for Mingo as a secondary arterial with recommended right-o£-way of 60' to 801, The 1982 plan update changed dingo to a major, Engineering made the following request, "Mingo Road does not carry enough traffic to classify it as a major arterial, The classification should be down graded. It runs along the railroad right-of-way which makes right-of-way very difficult to obtain, Development and traffic loads in this area could be handled with proper roads in other areas,(Audra Lane for one). RECOMMENDATION: i would add to Engineering's comment due to railroad right- of-way, adjacent land use intensity is low for the road and no curb cuts etc, will be realized, Thus additional support for projecting adequate capacity with 60' right-of-way, Recommend going back to 1981 plan designation, secondary arterial (also note previous related policy). ALTERNATIVES: Maintain current plan as a major arterial. Change policy back to 1981 plan, secondary arterial, Other (Specify) ISSUE x'12 RE-111J'1NING THOROUGHFARE CLASSIFICATION BACKGROUND: The Engineering Department has made the following suggestions: "Limited access throug'. the use of frontage roads needs to be required for two major roads, These are Loop 288 and Highway 380, I-35 is already controlled by the Highway Department," This would involve redefining these in both the devel- opment guide and the new subdivision regulations, The developpment guide used the functional classification system developed by the COG in the early 19701s: Freeways--controlled access Expressways--frontage road with some at grade crossings Major Arterials--transverse city Secondary Arterials--serves parts of city (does not transverse city) Collectors--serves neighborhoods The Engineering comment is referring to an expressway. This was not considered in the guide or in previous thoroughfare plan updates. It could easily be accommodated by adding the additional designation, RECOMENDAT ION : Add the expressway designation for the referenced two roads, ALTERNATIVES: Maintain current policy Add new designations as recommended Other (Specify) ISSUE 813 CHANGE YEARLY GUIDE UPDATE TIME FROM APRIL TO OCTOBER BACKGROU M C,arrently the guide requires official yearly update/re-adoption in April, This cime of year is always busy with C.I,P,, Human Services Committees, C,D.B.G,, etc., and the update has consis- tently been late, R.ECOMENDATION: Try a new time of the year that r•iig.ht have a less crowded agenda, such as September for Planning and Zoning Commission, October for City Council. ALTERNATIVES: Leave as is New Date July/August September/October October/November . January/February Other (Specify) Note: The Guide also suggests daily updates when needed. This policy might be suggested more in the future which will tend to reduce the volume and time required for the yearly update, i • I ISSUE #14 DEVELOPMENT NEAR THE PECAN CREEK WASTEWATER TREATMENT PLANT BACKGROUND: The Development Guide currently has a policy that suggests residential development be discouraged adjacent to the Sewage Treatment Plant, The policy does not provide specifics of how far from the plant, etc, Therefore, discussions with prospec- tive developers have been less than clear. RECOMMENDATION: In order to be able to provide more specific direction to pro- spective developers, the staff would recommend more specific guidelines, The staff recommends that no additional residential development be zoned within 2,500 feet of the Wastewater Treatment Plant and that residential development be generally discouraged be- tween 2,500 feet and 4,000 feet from the Plant. The 11tility Department recommends that the area ti.,ithin 2,500 feet of the Wastewater Treatment Plant be utilized for industrial purposes, preferably industries that could utilize the effluent from the Plant as cooling water or other processes requiring lower qua- lity water, This would enhance Denton's future water supply situation and save the City and industry money, since Denton would not have to purchase its water or treat and pump this water. ALTERNATIVES: Add to the current policy with more specific guidelines Keep the current general policy, refer all inquiries to t'e Planning and Zoning Commission or City Council for specific direction Other .f I 115 REpUR`r Oil COLLEC'T'ION OF CURRENT AND DELINQUENT PROPERTY 'T'AXES AS OF FEBRUARY 'I) 1981► Collection of Current Taxes: The 1963-84 property tax levy was $5,995,965. This included $4,690,332 for real estate taxes, $1,'267,011 for 63 fo business taxes, $33,989 for utiobile home taxes, and $G' ro3 ert1 y airpbl,Aanse of $1,0701,1708c,364aandsa tax ratedOf n.0056,ota1 P r03 As of January 31, 1984) $4 991,897 of the current Years taxes had been collected. This s 83.25 percent of the total fiscal year, tax levy, Ott Janurtry 31 of t.ne previous $4,530,967 of the total tax levy had been collected, or 1.03 percent. ected. Current taxes of $1,004)U68tl eYeam still current nt t of taxes During the previous nine years, r has averaged 94.55 percent. collected by the end of the 1n 1962-83 the figure was 96.26 percent. Seven months Mnain in the 1983-84 fiscal year to raise the collection rate to these levels. the detailed past Please refer to Aeviesm and colleoctio ns inore, analysis of ,property tax ten years, 11. Collection of celinquenC Taxes.: As of January 31, 1984) the following taxes were delinquent back to 1933: Ad Valorem 'T'axes (real estate $55y,1"35 and business property) 78 X460 Airplane and Mobile Home 't'axes $ 3 5 Total Delinquent 'Tax(-,8 The above total delinquent tax figure does not include: (1) The portion of the 1983-84 taxes that were declared delinquent on February 1. (G) Automobile taxes. This tax has not been levied or collected since 1981. 'T'axes of $62.4,729 arc; technically delinquent in this account. A substantial portion of this money may be impossible to collect. Please refer to Attachment 11 foE~a more detailed analysis of delinquent taxes from previous years. Report oti Collection of Current and Delinquent proporty Taxes Page Two As of January 31, 1984, $52,180 of delinquent taxes had been collected. Oil the same date during the 1982^83 fiscal year, $43,919 of delinquent taxes had been collected. In 1982-83 a total of $137,078 in delinquent taxes was collected. There remain seven months in the fiscal year to sweet or exceed Please delinquent Apr petty taxes refer coll collected duringlthetlastile t nine attiounts of years. III. Methods= Used to Collct flack raxe The City Attorney is preparing a report on wethods being used to collect delinquent taxes. 1671M c1rY OF uh;NToN ATTACNNKNT 771 PROPERTY TAX 1,tvVI ;S AND COI1,EC'r1ONS LAST TI;N FISCAL YEARS 'rUTAI. COLLEC- oUT9TAnimiNG 1 OF LEVY DIAMIQUENT TIONS DE1,IN01iaEN1- TOTAL CURRENT OUTSTANDINO VA 11) TAUS TOTAL TAX AS X, OF OUTSTANDINU TAXES tkS N FISCAL TAX a TAX CURRENT BY END OF COLLEC11,I) COLLEC'S IOt1S CURRENT DELINQUENT OF CUARENT YKAR _ LEVti' COLLECTION8_ TAXE9 YEAR _ DURING FY DURING FI'~ I.h_V1'~ TAXES - LEVI-". 1976-75 $1,137,'188 f1,671,91G 65,872 96.201 X14,326 41)686)242 97.032 $269,056 15. +!l~ 1975-76 1,906,698 I,81'1,816 92,882 95.12 41,'113 1,861,'1'29 97.64 3011427 15,111: 1916-11 2,113,561 2,002,428 lit,133 94.74 59,0')0 2,061,518 97.54 336,615 15.'1' 1977-78 2,430,423 2,3o'i,75F. 127,665 94.74 12,978 2,315,736 97,74 361,063 15. 1.0 1918-79 3,364,606 3,L3O,6c'J '233,909 93. 04 43,978 3,174,615 94,35 4971345 14.%)) 1979.80 3,582,403 3,369,564 21218b9 94.05 821999 3,452,563 96.37 427,221 ll.~ 1980-81 3,180,389 3,541,461 238,928 93.67 113,939 316551400 96.69 504,633 13...' 1981-82 4,359,541 14 062,043 297,498 93.17 101,472 4,169,515 95.64 5851785 1.3. 1982-83 4,930,971 4,746,61'3 184,358 96.26 1371018 4,883,691 9 .04 723,596 1 1983-84 5,9'15,965 4,991,897° 1,004,0681 8).259 52,180° 5,044,0774 8r+.1'1, 7 637,995 s 10.+~ 1 Llie ludos ad vAlorom LAXOA oil Vital ostlate And business property, mobilo home taxes, and Airplane taxes. Doug not inc!,t,de nutomobilo Laxos, 2 $41991,891 is Lho totAL portion of the 1983-84 tax levy collected Aa of January 31, 1984. Oil tho same date during tna: 1982.83 fiscal year, $415300966.61 had been collected. 3 A `+ortlon of these taxes were declared dolinalaont on February 1, 1984. A substantlAl percentage of this total shouli be collected before the and of the current fiscal year, /a la 1982.83 tho corrosponding percentage as of January 31 was 81.03L. 5 'rotal as of January 31) 1984, 6 ToLul ae oi' January 31, L9d4. 7 Percuutage as of January 31, 1984. 8 Total doea not lnellado the portlou of the 1983-84 taxes that were declared delinquent on February 1, 1984, if the ruxi-rent year `A delinquent taxes are added to the Amounta due later In the year and to back,LAxes from previous years, the tra:.nl would be $1,697,353. 9 Sou footuoto 8. 1669M 3/6/84 ATTACHMENT #2 PROPERTY TAXES RECEIVABLE IN CURRENT YEAR OR DELINQUENT FROM PREVIOUS YEARS AD VALOREM SUM14ARY [Real and Business Property TaxesJ As Of 1/31/84 'S'axes Receiv- Taxes Received Penalties able or Year in Current Year Received Delinquent All Years Com- bined (1933-83)1 $500480047.24 $21,137.48 $1,5138,208.22 1983-84 40967,043.59 -0- 1,029,073.12 1982-83 63,815.13 13,888.87 276,01U.34 1981-82 8,767.53 3,092,46 90,717.49 1980-81 3,594.76 1,335.96 58,464.04 1979-80 1,079.15 446.33 37,520.61 1978-79 1,576.04 733.75 29,760.81 1977-78 748.79 316.30 200872.57 1976-77 275.52 179.19 12,622.63 1975-76 241,83 192.40 7,435.96 1974-75 167.83 118.19 5,598,54 1 Years prior to 1974 are not shown in the table, but lire :included in "All Years Combined." AIRPLANE AND MOBILE HOME TAX S UMMAi(Y (As Of 1/31/84) Taxes Receiv- Taxes Received Penalties able or Year in Current Year Received Delinquent A Years Com- bined (1968-83) $8,824.13 $104.99 $109,044.5+1 1983-84 8)437.87 -0- 305185.25 AUTOMOBILE TAX SUMMARY LAs Of 1/31/841 Taxes Receiv- Taxes Received Penalties able or Year in Gurront Year Received Delinquent Al Years Com- bined (1955-81)2 4.18 1,46 $624,729.45 2Last Year Assessed 1081. 1670M 3/6/84 r CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET METTING DATE: March 13, 1984 CITY COUNCIL, AGENDA ITEM 0: SUBJECT: BID# 9210 Tree Trimming, Electric Distribution SUMMARY: This bid is for a contract to trim the trees along the electric utility lines in the City. This is a continuing effort as some is done each year by outside contractors and some by our own crews. The personnel is in short supply and the demand for service is great in the Electric Distribution Department. The department is not able to do the trimming, We would like to increase this bid from approximately 50,000 feet to approximately 100,000 feet for an estimated amount of $77,000.00. The funds a-e available in the Electric Distribution Department by a transfer. ACTION REQUIRED: Approval by Council. SOURCE OF FUNDS: Budget 610-008-0252-8338-E355 RECOMMENDATION: This bid was approved for 50,000 feet and $35,000.00 on December 6, 1983. We are now asking for an additional award for an amount not to exceed $77,000.00, of the bid price per foot as agreed to by Horton Northeast Tree Service. EXHIBITS: Tabulation sheet Recommendation for award on December 6, 1983 Memo from Electric Distribution Department SUBMITTED BY.: Its 1 21 John rs a11, C.P.M. Purchating Agent q'► + CITY Or OENTON U7l.6J71~t~1 K E y 0 R A v O U t1 ~ l` ~1i' V ; TO: John Marshall, Purchasing FROM: Bob Nelson, Directoi of Utilities DATE: February 29, 1984 SUBJ: Purchase Order 61236 Tree Trimming - Electric Lines Please recommend t.- .i,.y Council that the authorized maximum amount of this purchase order be increased from $35,000 to $7',',000. Increased construction and service requirements are preventing the utilization of City personnel in performing any tree trimming except in emergency cases to restore service, We will transfer budgeted funds from Personal Services accounts (unfilled positions) to ,he 610-008-0252-8338-E355 as necessary, .r PEN:es cc: Ernie Tullos File r t February 21, 1984 M E M O R A N D U M Tot Ernie Tullos Froml Ralph Klinke SUBJECT: CLEARING ELECTRIC LINE EASEMENT Electric utilities throughout the country have problems main- taining line clearance in their easements. The problem appears to be greater in urban areas due to customers desiring to main- tain trees for their aesthetic value, fruit, shade, etc. The City of Denton has 11312,750 ft. of overhead electric distribution lines serving Denton customers in an urban environment. A survey of our servic..:, area has indicated that approximately 50W or 656,375 ft. of electric distribution lines require easement clear- ing periodically. Dallas Power & Light company submitted an article to the magazine Transmission & Distribution titled "Effective Tree Trimming Im- proves DP & L's System Reliability" which was printed in the. January, 1984 issue. The article compared outage reports in the years 1972 through 1978 which were tree related on their system. During the years 1972 through 1975, DP & L had a concentrated effort on (as required) tree trimming and was able to maintain an average of 7.5% of total outages being tree related. In 1976, their trimming effort was decreased by 75% and their tree related outages started to increase. DP & L outages due to trees in- creased from 6% in 1975 to 12,7% of total outages in 1978. The Dallas area which is served by DP & L had a severe ice storm on December 31, 1978 which caused extensive service interruptions. There interruptions were due mainly to ice-laden tree limbs breaking and pulling down overhead conductors. DP & L, according to the article, reassessed their system relia- bility during the year 1979 and determined the need of an improved tree-trimming program. A joint study by the U. S. Department of Agriculture, Texas A & h1 University, Stephen F. Austin University and the Texas Forest Service, ascertained ideal tree-trimmin.,7 cycles for various geographies, climates and tree types and recommended a 24 month maintenance cycle, improved trimming techniques and 5 ft. line clearances for the DP & L service area. The City of Denton experiences many of the same line clearance pro•• blems encountered by DP & L in their service area, due to the proximity of respective service areas, A comprehensive cost effective program of easement clearing will provide to our customers improved electric oervice, decrease of line maintenance cost, Memo toi Ernie Tullo9 Page - 2 improved primary power factor, less property damage, decrease of inclement weather damage and above all an improved human safety factor. The Denton County Horticulturist was contacted and he estimated an average tree growth in the City of Denton is two feet each year, which is very close to the growth estimates in the study conducted for DP & L. A 24 to 30 month program with 5 ft. line clearance will require trimminc; approximately 328,000 ft. peg: year at a clearance rate of 25,245 ft. per week for 13 weeks (Dec., Jan., Feb.). A 60 month program using a 10 ft. line clearance will require trimming approximately 131,275 ft, per year at a clearance rate of 10,098 ft. per week for 13 weeks (Dec., Jan., Feb.) The estimated cost for line clearance is 70 cents per line foot for either the 5 ft, or 10 ft. line clearance, therefore the 10 ft. line clearance wil cost $91,892 per year vs. $229,600 per year for the 5 ft. line clearance. The 10 ft, line clearance is recommended as the most comprehensive cost effective pros n with adequate line clearance and a yearly cost savings of appro).mately $137,708. CITY COUNCIL AGENDA HACK-UP SUMMARY SHEET DATE OF KF.ETING: December 6, 1983 COUNCIL AGENDA ITEM p Consent Agenda SUBJECT: Hid # 9210 Tree Trimming SU'PIARY: This bid is for the trimmin of trees and clearing of electric lines in the City of Denton, The contract will be under the supervision of the Electric Dtstri- bution Department. ACTION REQUIRED: Approval by Council and award of bid. SOURCE OF FUNDS: 1983-84 Fiscal budget funds account 610-008-0252-8336-E355 Electric Distribution overhead distribution system maintenance, RECOMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification of Horton Tree Service at .50 per square foot open easement trimming (from a bucket truck); ,90 per foot closed easement trimming (hand climbing) and .70 per foot for the combination areas. EXHIBITS: Tabulation sheet. SUBMITTED BY: t Tom D. Shaw, C.P.M. Assistant Purchasing Agent I i 011) TITI,li_ 'Pico 'I'rlnuuttti}~__-- Cobb Tvco Northo+lal W111 till i re Aaplwulh OHFNR11 11/22/83 SuI,vlco Service ACCOUNT W6-LO-OV8~-0252_8336-1,,355 A tMy_ SUR l.' K(Jirji)R- _YDO1t-._ -MN QR _-YM . R-- VFNDOR VENDOR VENDOR Open easement_ trinuning NIB -.50- - .62 NIB I 2. Cloaed eosemant tritnming NIB .90 1.33 - NIB i c- 3. Coatlhined open & closed trlmming 1.25 .70 NIB .90 i - I } CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: MARCH 13, 1984 CITY COUNCIL AGENDA ITEM # SUBJECT: BIDN 9242 Streetlight Poles SUMMARY: This bid is for the purchase of streetlight polos. We bid both aluminum and fiberglass with the intention of comparing the two and buying one or the other. These 25' poles are used for residential areas and the 30' poles are for major arterial streets and highways. ACTION REQUIRED: Approval by Council SOURCE OF FUNDS: Working Capital 710-004-0578.8708 Electric Dept, Warehouse Inventory RECOMMENDATIONS: We recommend this bid be awarded to the lowest bid meet- ing specifications and evaluations for fiberglass poles. The following fiberglass supplier is recommended as the lowest bidder for item [A and [IIA Poleline Electric Supply at 222,00 per 25' pole and 43.00 per arm. The bid of Poleline using a direct burial breakaway approved unit is recommended as the best evaluated bid for item IIA at 398.00 per pole with arm. Total pur- chase price is 27,840.00. The lower bids for item IIA of Temple, Wesco, Graybar and Priester, do not include the cost of the arm or they are not of the approved breakaway design, or not a direct burial pole. EXHIBITS: Tabulation sheet, SUBMITTED BY, 1 Tom 0, Shaw C.P.M. Assistant Purchasing Agent ITILSILR POLCLINt CIYCO W.FI, 1CFII'LL NITSON RAW (I RAYIS%R YRII - DAYI + WI:SCO SUPPLY ELCCT PROD. DIISHMURR 111C, LLf.CT SO PLY C1.1'(1 , I COMPANY r SUPI'L1' CO. CO. ~U PLY I'.0. 1111) SIRI;f_ftIGHfS,R_POLES Wlllk',-_ CO, I11C. ACCOUNT ( l10-1104 0598 ' ION _ _ fi Yf 1tl~ri~N vF'fiTx c -V~:yly VfNfiok~'_ 1~5;1f5l5T-_ VENDOR VENP1511 _ Vtafooft Ji bbit !fflflol+: Vlifliliill 1~ inioTi 1 u e_aI(w 15' 08 139.00 , N8 31)7.21 211 35 105 N, _ 384.00 1113 381,44 32).71- - 3113.11H- 30 pplc alum 30' Ali _ 72,00 11D S. to .13 30 64 11 3 aIte naLe - - - - - 211 43 230.40 231.00 245 34 211 OU 31----------- I GO Pole Flberr3lass 25' DD 231.00 222 00 - - - 363.04 419.33 219,011 2P 30 391.00 398.00 4'19,75 l13 QO 44G.OO - Y 120 GI.00 x1.00 N6 41.25 34 UO 56.70 50.69 12.00 (lemon Denton Ocul.uit Den loil Ilatlon Oentun Denton ('^rrton I)enlwi Donlon - CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE, March 13, 1984 CITY COUNCIL AGENDA ITEM#; SUBJECT; BIDN 9243 Valve Repair and Additions SUMMARY; This bid is for the repair, modification and additions to a 12 inch surge arrestor valve manufactured by Golden-Andersol, and installed at the Water Plant in 1957, The bid includes all parts and labor to install new control piping, electrical circuits, electronic control system, and wiring etc, to connect existir., starters to control system, ACTION REQUIRED; Approval by Council. SOURCE OF FUNDS; 1983-84 budget account 620-008-0460-8339 Maintenance of Water Plant Generating Equipment RECOMMENDATIONS; We recommend this bid be awarded to the lowest bidder of Stembridge Construction Co, in the amount of $10,071,00 with project completion in 60 days, Item 2 and or 2A may not be necessary, However, this cannot be determined until the valve is taken apart. EXHIBIT: Tabulation sheet, SUBMITTED BY; Tom D. Shaw, C,P,M, Assistant Purchasing Anent 13 I a it 9243 - 13 11) Valve Relair and Addition ~ G,A, ASA HUNT Stombridle OPNN 2-24-842 pm Industries ]nc, Const, Co, ACCOUNT N 620008-0460-8339 - _ _QTY ''G~1 aC5Ci [E'~1'iO~t_ _VI:,NbOlt-- VCNI)OR V[5' ~OEi -i1r71~i)UR- - VF,iJS~c7lt -VF,iifoti.- <<ri~Nu6P 1 Furnish and Install Equipment Valves and Piping 7350,00 6848,00 6648,00 2 Rebuild 12" Valve if Requirod 1640,00 1328.00 1128,00 Piston and liner if required 1000.00 1000,00 1000.00 3 Connect started to controllef' 2189.00 1600,00 1295,00 Total not to exceed 12,119,00-- -20s776,00 _10-,071-,,00 bays to complete 80 day --75 day 60 day - M CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE; March 13, 1984 CITY COUNCIL AGENDA ITEM # SUBJECT; 810 9244 Sale and Transplant of Trees SUMMARY; This bid is for the sale of surplus trees at the City of Denton Tree Farm and for the transplanting of approximately 60 other trees as directed. ACTION REQUIRED; Approval by Council. SOURCE OF FUNDS, The sale of 60 trees will offset the expenditure for trans- planting service and leave a surplus of approximately $1500.00. RECOMMENDATION; We recommend Item 1, the sale of trees be awarded to the highest bidder of Gleason Tree Co. in the amount of $100.00 each. We recommend Item 2, the transplanting service, be awarded to the lowest bidder of Harwell's Nursery in the amount of $75.00 per transplant. EXHIBITS; Tabulation sheet. SUBMITTED BY; Tom D. Shaw, C.P.M. Assistant Purchasing Agent nil) Gleason IlarwoII `s Instant Nursery Tree Co, ACCOUNT N - r" iforl-_ r,I 5o t^- DOR Vr aDO- - -E-05- -Ic13t~o`n- 4- 60- Sale of Trees 100,00 75,00 2 -60 Transplant service 100.00 - - 75.00 _ ---_..Y_- r r CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: CITY COUNCIL AGENDA ITEM fi SUBJECT: BIDN 4245 Lease of farm land at Municipal Airport SUMMARY: This bid is for the purpose of leasing the farm land available to be cult;vated for a period of three years, This lease includes the mowing of other land including that next to the runways, We bid this two years ago under like conditions and received a high bid of $14,05 per acre, The high, and only bid for the next three years is $16,12 per acre. The bid was submitted by Ernest and Lewis Trietsch who was the high bidder last time, and has leased the land for the past eight to ten years, ACTION REQUIRED: Approval by Council RECOMMENDATIONS: We recommend this bid be awarded to the high bidder Ernest and Lewis Trietsch at $16,12 per acre on approx- mately 305 acres for the total net per year of $4,916,60 per year for the next three gears, EXHIBITS: Tabulation Sheet SUBMITTED BY: John J. Marshall C_P_.M._ Purchasing Agent Ernest and 13th A__1fl~ss3._af__lalasJ_,_.lliruar_t_~ !.owls Trietsch 0 IM ACCOUNT N J] F~ C1 _ .I I'I 3_ fa,~1CEtI [ON _ ~UEt ~N 7Of2 V 3NpOR -W95-Or _ V-I; 4-_T2-_ VRN!)OR - _V_E;?Q OR-~'_- 1 - Per Acre.-Per Year, 16 - - Total Price Per, Year 4 9l6 60 CITY OF DENTON MEMORANDUM TO: The Mayor and Members of the City Council FROM; Bill Angelo, Senior Administrative Assistant DATE: March 6, 1984 SUBJECT: BID 119245 AIRPORT AGRICULTURAL LEASE As you know we recently received bids on the agricultural lease at the Denton Municipal Airport, Although we only received one bid on thin item, the bid price of $16.12 per acre was substantially higher than the previous years bid of $10,50 per acre. The annual paymett to the City for this lease will be $4,916,60. The one bid was submitted by Ernest and Lewis Trietsch who have farmed this particular lease for the last seveinl years, We have been very pleased with the work that the Trietaches have performed over the last few years and have found them to be most cooperative relative to our requests, The Airport Advisory Board considered this item during the special called meeting of March 2, 1984, and unanimouQ y recommended the award of this bid to Ernest and Lewts Trietsch, Should you have any comments or questions on this matter, please lot us know. Bill. Ange l BA/sc Attachment; Airport Board Minutes MINOTI?S CITY 01' DENTON AIRPORT ADVISORY BOARD MARCH 2, 1984 EMIiRGENCY MEETING OF THE CITY OF DENTON AIRPORT ADVISORY BOARD, F1;TDAY, MARCH 2, ]5,84, AT 12:00 NOON TN THE CIVIL, DEVEINSI°, ROOM OF 9HF. MUNICTI'A.I- BUTL.D1NG, MEM141{R5 PRP:SENT: Arno, Carrell., C,;rl.and, Ilayt:ard, Keith MEMBPES ABSENT: Click, Smith OTIIERS PRBS1?I,T: Mr. Jon Weist, Denton Record Chronicle; Bi.]_t Angelo and Cl.tut Lynch of the City Staff The Board considered tho Bid Proposal of Er.nost and Lomin Trietsch for the lease of the farm land nt the Denton Municipal Airport from Septem- ber 1, 1954 to August 31, 1987. Mr, Garland inquired as to how the Bid, was adverti,,,cd. Mr. Angelo responded tint the bid End bean advertised through the normal procedures of local. newspaper advortisoments, th.irt,. day postings on public bulletin boards, and through direct uoriflcatic- by tuail of all proviouc. bidders, While. it was noted that the Triets-rh proposal was the only bid received, it was pointed out that the terms their proposal were quite good and that their record of cooperation a:'_ performance under the present contract was excellent. Mr.. Hayward mc,r ' and Mr. Arno scronded that the Board recornmend to tl;e City Council th,~- the bid of Ernest and Lewis Trietseh be acecpted. Tho motion carried un;tttiI no u:;Iy. There were no matters for executive session, 'r ilith uo further buainess, the Board adjourned at 12:08 P.M. r CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: March 13, 1984 CITY COUNCIL AGENDA ITEM N : SUBJECT: BIDO 9246 Cutouts and Cable SUMMARY: This bid is for the purchase of 100 AMP electric cutouts ano 02 concentric aluminum cable, This material is warehouse shock replacement. It is used by the Electric Distribution Deparr,~ent in the maintenance and new construction of the electric disw.ri- bution system, ACTION REQUIRED: Approval of Council SOURCE OF FUNDS: Working Capital Account 710-004-0598-8708 Electric 0epartinent Warehouse Inventory RECOMMENDATION: We recommend Itein I be awared to the lowest bid meeting specification of Cummins Supply in the amount of $52,50 per cutout for a total $5250,00, FOB Denton, Delivery in 5 days. We recommend Item 2 be awarded to Priester Supply as the lowest bidder with a stock delivery on40m feet at $655,90 per thouzand for a total of $26,236.00. We also recommend an additional 40m feet to be awarded to "raybar in the amount of $573,68 per thousand with a delivery in 9(J-1.00 days for a total of $22,947,20. Based on current usage figures, 40,000 feet is approximate'y a 90 day supply, EXHIBITS: Tabulation sheet, SUBMITTED BY: Toni D, Shaw, C.P.M. Assistant Purchasing Agent 11Ip 1 9146 llll) - rdl'^ablc_- - GrayUar lumplo Cuarnins III, Iestor lluscu Po IeIiIle Nelson Kils-Davis _._CILWALl l- - Electric Eloclr'Ic Supply Supply Eleclrlc Electric U1'rli -,.1_23_!14__ 2n ! ACCOUNT 1 .._-I9'EFS-'DrSCRIPTIoll-"- yo}l(k n-_ vpilljb1t.-. -velln-oll-- VFilvoli - vrl)MR - vDj;IDGA- _ VrIlo6Ci-.-- PIIDort- fEiir>brl- of N[it71f._-_.11FfiJrl71F 1 IUD 111610 cul-out 100 amp 611 55.00 52.50 ND 1411 38.50 58.90 54.86 _ l - AM. Chanu 2 40H -Ollie UUG W 1GINA Concentric 5/3_68/m 574,00ha 61 00/in 655,90/m 6110. 00/111 ¢57 00/111 583. 00/m 673.99/m j - _ - - - - - ---F Delivery Iteai 1 2-4 wks 1448 dy- stock stock 14 dy item 2 90-100 t 90-100 dy 154 :ly stock 50 dhy stock 90_100 dy 42 dy - - CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE; March 13, 1984 CITY COUNCIL AGENDA ITEM SUBJECT; BID# 9247 General Purpose Tractor SUMMARY; This bid is for the purchase of a general purpose tractor for use by the Parks and Recreation Department in the main- tenance of the parks and related areas. This is an additio;n to the motor pool fleet, ACTION REQUIRED; Approval by Council and Award of Bid, SOURCE OF FUNDS; This tractor will be funded through a lease/purchase agreeir.cent over a 36 month nayout period. Funds will come from budgere'd funds in account 100-003-0064-8508. RECOMMENDATION; We recommend this bid be awarded to the lowest bidded meeting specifications of H.L, Peterson Co, of Denton in the amount of $9500,00 for a Kubota Model M4500-OC with delivery in 1- days. EXHIBITS; Tabulation Sheet, SUBMITTED BY; onf ~ D. Shaw, CrP,M, Assistant Purchasing Agent wrY al vzmroIV, rffX,AS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (817) 566.8200 M 1: M 0 R A N D U M TO: John Marshall, Purchasing Director FROM: Boi) Ticknor, Superintendent of Parks DATE: March 1, 1984 SUBJECT: Recommendation on Bid 9247 1 have reviewed the bids received for a general purpose utility tractor, Bid 9247, and wish to recommend the low bid of H. Petterson Co. for a Kubota M4500 OC at $9,500 be accepted. This piece of equipment meets% or exceeds all requested specifications. Other bidders were: Dentex - Ford Tractor t101389 G & G - Massey Ferguson $12,250 George Implement - John Deere $1,21500 Robert K, T~ckner L., NWM00069 PARKS AND RECREATION DEPARTMENT 817.387.6146, 566.3270 H. L , George G&G Oentex BIU Peterson Implement Tractor Ford .___._S,~ire►,al ~.u~iiQ~._Ir~.~-fir QPSN__- ACCOUNT N -T E }on'V Ni~aii= ~I 1 O►i Vrh`3~non -V ~1F~o~ U r~Oil t;rano i _ - 1 1 Tractor 9 500 00 i2 500,00 12 250100 30 389,0 _ - Make A-`-- Kubota hlasse -Ford Model MA 500 oc 2250 250 oc 910 1 cg Del iyery - - 14 days-- 45 days- -2 days 15 days p 1 us tires CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE; March 13, 1984 CITY COUNCIL AGENDA ITEM N; SUBJECT; 810# 9248 Portable Air Compressor SUMMARY; This bid is for the purchase of a 185cfm portable air com- pressor with hose, pavement breaker, clay spade and tamp. The unit is a motor pool replacement for unit 06143 and will be assigned to the Water and Sewer Department. ACTION REQUIRED; Approval by Council. SOURCE OF FUNDS; This purchase will be funded by Motor Pool and Water and Sewer Capital Equipment Accounts. Motor Pool - 720-004-0020-8107 $ 4850,00 83/84 Budget-620-008-0461-9104 5755.00 $10605.00 RECOMMENDATION; We recommend this bid be awarded to the lowest bidder of Sullair of Dallas, Bid q2 in the amount of $10,605.00 for the compressor and tools. They have offered a Sullair Model 185 OP2 with Perkin diesel engine, delivery in 30 days, FOB Denton. EXHIBITS; Tabulation Sheet. SUBMITTED BY; dom'6, Shaw, .P.M. Assistant Purchasing Agent i BID 1 5ullair Sul lair Bar~tholow P,A Ross Hertz Bacrac a Dontex cord DID _Portable Air Conpressoi,_ Dallas OPEN 2-23-84 - - 1 2 ACCOUNT v>J o V - .1._ Ai_I'_CQU142~e.sSw 8.43,M- 4344._00- .-.12 ,A 94.00- _-11-,490,00- ~Ll .2AA.A0_ _ - - -e~ k~=--- - - 743.00 ' 770.00 incl _ 97.00 65_00 ---inc1 50.00 - 97.00 - i nc 1 Make Sullair JD Sullair Leroi Schranrn Ingesel Joy 11air Model 185 DPQ - 185 OPQ Q185DDE _ 185 cm~ DPQ _ _ Delivery _ - 4-6 creeks 30 days 10 days 30 days - 30-60 days 7-14 days 14-30 days - Total - 11,835.00 10,605.00 11,783.00 13,930.00 12,490,00 11,150,00 1!,200,00 ` CITY Comm. AGENDA BACK-UP SUMMARY SHEET MFETIN DATE, March 13, 1984 CITY COUNCIL AGENDA ITEM It' : SUBJECT: 8idl! 9249 Panhandle Utility Improvement SUMMARY: This bid is for the utility (water and sewer) improvements on Panhandle Street. We sent out invitations to some twelve prospective vendor/contrar.tors and received thre_ bids, as shown on the tabulation sheet. Two of the Con- tractors have done business with the City before and on (BAR Construction) is a new vendor. The major part of these improvements are to be made in an old alley way and the work area is limited, Therefore after careful evaluation and consideration we find that in fact the l ~Y bid is a real good bid. ACTION REQUIRED: Approval by Council ALTERNATIVES Not award and delay the Projoct. SOURCE OF FUNDS: Scheduled Capital Improvements RECOMMENDATIONS: We recomnend this bid be awarded to the low bidder Dickerson Construction of Celina Texas for the total of $198,720,00. Dickerson Construction has been the suc- cessful bidder for several contracts in the past, EXHIBITS: Tabulation Sheet SUBMITTED BY: ~jPurcha~Ing Agent Dxp Dickerson Millard BAR ~ p . _ Pctllb.dlld~A_ui a l~ iy_ in~~rovanir~n t A Hea nd ~h C`ons tm- OPEN Co. stion ACCOUNT M w 71y2ti bsct7xbF'~ vl? rruorz Nna i yr poi: tvua vriiioiz vrHr~3ri - vr~,_: fox - _L .tal con refit U d L28.720. lo_ _~717~4 31 8 _ Bond Enclosed Yes Yes CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: MARCH 13, 1984 CITY COUNCIL AGENDA ITEM N SUBJECT: BID# 9250 Paisley Street Water Line SUMMARY: This bid was sent out to some 10 to 12 vendors after being properly advertised, We received only three bids, The bids received were only slightly higher than our estimates, We feel that we have some good bids, with the low bid of $14,232.50 from D/FW Utility, ACTION REQUIRED: Approval by Council. SOURCE OF FUNDS: Account 623-008-0450-9114 RECOMMENDATIONS; We recommend that this bid be awarded to the lowest bidder D/FW Utility for the amount of $14,232.50. EXHIBITS: Tabulation sheet, SUBMITTED BY: -ohn J. MarIsha' 1',P.M. Purchasing Agent Millard pic{;al^son pI~IJ Heath Constru.iiti 1 i ty And Sion c0, CCOUNT 0 _ Vvy t~►_1~~_ ra~crtat~~I'YaN -Viet 01st VE-r4T5TIf '-V1'NDOR `fir. tnati VcNt7oti ! Yt~ OR -vi„~iuOR 1 _ _To a1 Cont,ac Bid -Alternate 11145,00 1 17Ci,00 00.00 Yes _Ye,s CITY COUNCIL. AGENDA BACK-UP SUMMARY SHEET MEETING DATE; March 13, 1984 SUBJECTi Approval of the Preliminary Plat of the Mulberry Creek Addition SUMMARY; This is a 1.493 acre tract located adjacent and north of Mulberry Street between Bernard Street and Carroll Boulevard. Existing zoning is multi-family (Mr-1) and the proposed land use is development of 26 multi-family dwelling units, Significant drainage and utility questions are being studied in conjunction with this request, but information is adequate for preliminary plat approval, ACTION REOUIRED; Approve or deny the preliminary plat RECOMMENDATION; The Planning and zoning Commission recommends approval. ALTERNA`I'IVES1 1. Approve preliminary plat with conditions 2. Approve preliminary plat without conditions ATTACHMENT: Reduced plat r '((.(!L David son Development Review Planner MVIWIt'1 CMK A00I1`1011--, I u ~I VICINITY MAP ! f I l [ I . IN' ! I i I a YIt alla Y. [YIf IDY D "JYHDY D 1111111Da 1. •1Ir1Ali4 1 04 4 64 04,614 UT c) ft{1 1Rl. u1O, t?a Ifl. 101 611, r) P ) 1111111 r 11, 1/1, 1r 11{ 1. ,.r1 W 1 ZONED: MF• I 1 50L WM NEIL SURVEY 971 "1T S80014 WE -+IBC.4A' - r NBL NM LOVING SURVEY 4-'159 " N s e4115 It 110 4 m Y Mb ~ ~ ,'O N~ 7ONE0 1AF-I i ~ZONE,OI; MF-I ZONE) 3 iBLOCK ONE * uF x 4 1 4 LOT ONE y~ W 1 1}` n 115 t9r41' 79'N J I I/~ J. ,1 IY OY1 N111 I IY! ~ ^ • t ___..t.~,•, 1 r"'--it y, 474' F v a1 "OYEP LINE '~FN:} i• CAANCLs~RI' E!!15• G 7y EXIS7 f H ti B9"4!'!4'8 .,S3 A7 t~3" x!'71 W'4AY.~ 9EA_fP__ MULE°RRY IV STREET ZONED' MF-1 CONTOUA4 RuN FROM CITY Of OCNI'ON B.M. .NO. 11 1846.50 THE OF CENTON W-1 r CONSTRUCTION ~,0 3 '520! !0 ID )RAPMICCp SCALE - ff~fT OC111611C1/ f LU 0 ~ I~ PRELIMINARY PLAT `J ASH, INC, MULBERRY - CREEK ADDITION ;S & SURVEYORS AN ADDITION TO THE CITY OF DENTON +4No POB 1552 DENTON COUNTY, TEXAS -:o -p 20,0`_: WY of DBNTON, rEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 / TELEPHONE (417,)566-8200 MEMORANDUM TO: Betty McKean, Assistant City Manager FROM: Kathryn Usrey, Director of Personnel/Employee Relations SUB.: Letter of Agreement with Pierce-Catterton DATE: February 29, 1984 Attached is the Letter of Agreement as proposed by Pierce-Catterton, the Executive Search Firm, we are recommending be engaged to locate a Finance Director for the City of Denton, I have had several meetings with Martin Pierce to discuss our needs and requirements in regard to a Director of Finance. I believe Mr, Pierce has a good understanding of our requirements and expectations regarding this position, I checked references on this search firm and received nothing but excellent recommendations for their services, The fees as proposed by this searc,~) firm are the most reasonable that I found in my inquiries among other search firms. The usual fee is 30% of the proposed salary of the individual hired plus expenses. This firm has agreed to a flat fee plus expenses. I have been very impressed with Mr. Pierce's professionalism and the strategy laid out for this search. The consultants employed by this firm are all CPA's and the firm specializes in Finance and Accounting searches, They have agreed to provide progress reports every two weeks, I recommend the engagement of the Pierce-Catterton Firm for the purpose of locating and recommending a Finance Director. Kat yn Usre , Director Personnel/Employee Relations KU:db 1723P &rce MANAGEMENT SEARCH CONSULTANTS March 8, 1984 I Ms. Kathryn Usrey Director of Personnel City of Denton 324 E. McKinney Denton, Texas 78201 Dear Kathryn: This letter confirms the terms of our agreement for the engagement of Pierce Catterton by the C1 of Denton to conduct a search for qualified individuals for the City's Director 0Finance. It is our understanding that the general position specifications are as follows: The position outline as given me by Ms. Kathryn Usrey, revision dated June 5, 1981 will serve as the position description under which the candidate shall operate. The successful candidate will have approximately seven years of financial experience including at least five years of municipal finance. The candidate will possess a minimum of a Baccalaureate degree in business. The candidate will have held Increasingly responsible positions including at least having obtained supervisory experience at the level of Assistant Director of Finance for a municipality equal to or greater than the size of Denton. The candidate will have a thorough understanding of automated financial reporting systems. Personal characteristics will - asist of professional Image and demeanor, aIn attitude of growth and enthusiasm, the ability to effect a program of proposed change (with the approval of the City Manager), while maintaining the cooperation and goodwill of employees for the changes that have already taken place. - Additionally, If possible, the candidate will possess a CPA or M.B.A., and will have knowledge of electric utility operations and reporting. - Compensation range will be $40,000 to $48,000 plus standard city benefits. Relocation package will consist of house hunting trip and the moving of personal belongings. DALLAS • FORT WORTH , HOUSTON 2 Oaks Pfau, 6710 L8J Suite 2165, Dailu, Texas 75240 {2141 934.9000 LEADERS IN FINANCIAL RECRUITING AND SEARCH Ms. Kathryn Uarey March 6, 1984 Page 2 Past experience indicates a search for candidates of the caliber described herein requires a minimum of 4640 days to complete. However, as we understand the lmportanoe of completing the search quickly, we wi11 make every effort to find qualifled candidates in less than the usual time and will report the status of our efforts to you periodically. I will be leading this search assignment with backup provided by Gerald I,. Box, CPA. This search effort will entail a professional fee of $10,000. A retainer fee billing of $3,000 (30% of professional fee) is attached. An additional billing of $3,000 will be issued at 30 and 60-day intervals, and a final billing at the completion of the search. We provide an unconditional guarantee to reconduot the search should the employee leave your employ during the first six months. Should the engagement be terminated short of completion, your obligation will consist of fees and expenses incurred from the beginning of the assignment to the date of termination. In addition to professional fees, our billing statements Include reimbursable experuses normally Incurred In the conduct of the work, lee., local candidate and oonsultant travel, communications, research, etc. Such expenses on this engagement should approximate 10 to 20% of fees. This includes all out-of-town travel and associated expenses, should they become necessary. Out-of-town travel is subject to your prior approval. I have enclosed the Initial retainer billing as well as a copy of the engagement letter for you to Initial and return. In summary, Kathryn, I am looking forward to starting on this engagement for the City, and will await your instructions on when to begin. Thank you for this opportunity to work on the City of Denton's behalf. Our projected date of completion for this engagement is April 30, 19844 Sincerely, Mastin J. i~.terc4, CPA/CMA for the City of Denton MJ P/rot Enclosure &1terce elton. i ED C1 of DENTON, rEXAS MUNICIPAL BUILD1NC ' DENTON, TEXAS 76201 TELEPNON6 8171 566.8200 M E M O R A N D U M TO1 Betty McKean, Assistant City Manager PROM; Kathryn Usrey, Director of Personnel/Employee Relations SUBJ: Practical Management Associates (PMA) Tickets DATE February 29, 1984 In our Fiscal Year 1983/84 Budget we proposed $3300 to purchase 30 acvanced discount tickets for training sessions conducted by Practical Management Associates, Since the cost of these tickets is over $3000 it will require Council approval, Practical Management Associates conducts a variety of supervisory :raining courses, Le. Mid-Management, First Line Supervisor. We have had them conduct in-house training sessions for our Mid-Managers and have also sent man-A~ of our supervisors to other courses. The quality of their training programs is excellent. The purchase of these tickets will allow our supervisors to attend various courses at a savings of approximately $200 per course, These funos were budgeted in a supplemental package and were approved in the Budget. If you have further question about the approval of this contract, please let me know. flat iMnUsrey Director I Personnel/Employee Relations KUtdb 1721P Pr a a"agement A~wiate4c TNRMii Nf:T Va DAym Ihaprpor~b~d- MI, FINANcl; t:r+ark(~I! WILt. Hi: 23601 Calsbasat Rogtl, ;Salle 2026, P.O. Nox 8789, CalaArstry, GA 91302.8789 . APr~LIFt~ TO ALI ~;~"r:rtt~ul! HAL (21 (21-3)34N.9 101 INVOIC ICF NO 4 1~97r4 • RIIOiPIAL YOUR PO No NAME KATHY MEYF'RS rnlr TRNG COORD oha CITY OF DkNTUI, INVOU:r: r,,tirr: t ~i3!/r3:~ Aru) necc 324 E kick lnlNFY rn, nEdITOn TY Th2~ 1 LJ PAID . CHECK Nct rE OF 4EMINARI ANY PUBLIC f1dTF. OF $~'dItJA?7 gf.rAlnlAR OW rIt)RKgNOP t JANUARY 10,1984 THROUGH JANUARY 9~ 1486 LUCA'IIOhl t VARinUS TOTAL ATTENI)EC81 M) 1110600 RA JJ yc.r~{},uU r TOTAL uuF.' 'E 3f r r~~0 n ! ► I i I`I i J Practical Management Associates, Inc. 23801 calabasas Road sure 1026, P.0 Box 9794, Calabasas, CA 9130?-8789 • (113) 348.9101 January 4, 1984 Kathy t1yer s Training Coordinator CITY OF DENTON 324 E. McKinney Denton, TX 76201 Dear Kathyi Enclosed are two copies of our Subscription Agreement and an invoice in the amount of $30300. if everything meets with your approval, please sign one copy of the agreement and return it to our office with your payment of the invoice. Upon receipt of the invoiced amount, we will send you the necessary amount of tickets to be used for any workshop/seminar of your choice during the contract period. if I can be of any further help, please do not hesitate to contact me. Sincerely, ~y Jan Sell Marketing/Sales Secretary jb Encl. cc: Tom Maruna PRE-PAID SUBSCRIPTION AGREEMENT Jan. 3, 1984 I, CLIENT: CITY OF DENTON 324 E, McKinney, Denton, TX 76201 II. SEMINAR Any public seminar workshop III. EFFECTIVE DATES: Jan, 10r 1984 through Jan, 9, 1986 IV. NO. OF PASSES X30 V, SUBSCRIPTION FEEL $11040 PER PASS /PER SEMINAR DAY VI. ENROLLMENTS: It is understood and agreed that the number of passes listed in Paragraph IV (above) is the maximum number of passes included in this contract. The client may enroll additional participants at the full public price or may commit to a new pre-paid subscription agreement for at least the minimum number and fee specified in the policy of Prac- tical Management Associates. VII. PAYMENT; Practical Management Associates will submit its invoice, along with the Agreement, for the total of 30 passes at $110.00 each, Upon receipt of payment, Practical Management Associates will issue 30 r passes which will be numbered sequentially and validated for a two-year period. These passes are valid for any Practical Management Associates' seminar in any location in the United States and Canada. VIII. CANCELLATION: Should Practical Management Associates find it necessary to cancel a session to which the Client has scheduled attendees, the agreement period will be extended to include the next session scheduled in that location. IX. It is understood that CITY OF DENTON will assure passes are received by Practical Management Associates prior to attendance at the specified seminar. In the event passes are not received prior to the seminar, Crmv ny n.mTnmt -will be billed by Practical Management Associates for the full public price of the seminar, PROPERTY RIGHTS: Printed materials provided by Practical Management Associates may not be reproduced, reused, or resold without the express written consent of Practical Management Associates. DATE 1 -Z /I 'e^ A CLIENT Y PRACTICAL MANAGEMENT ASSOCIATES DATE Practical Management A.ssociat; BY ~G;'/,'i,:~ 6910 Owensmouth Canoga Park, CA 91303 , TITLE ` " i '2 Phone: 213/348-9101 PRE«~PAIV $UBSCRIPTTON ACREEMENT Jan, 3, 1984 1. CLIENTt CITY -OF DENTON 324 E, McKinney, Denton, Tx 76201 II. SEMINAR Any public seminar/workshop III. EFFECTIVE DATESt Jann 10, 1984 through Jan. 9, 1986 IV, NO. OF PASSES V. SUBSCRIPTION FEEL $110#00 PER PASS /PER SEMINAR DAY VI. ENROLLMENTS: It is understood and agreed that the number of passes listed in Paragraph IV (above) is the maximum number of passes included in this contract. The client may enroll additional participants at the full public price or may commit to a new pre-paid subscription agreement for at least the minimum number and fee specified in the policy of Prac- tical Management Associates. VII. PAYMENT: Practi,~al Management Associates will submit its invoice, along with the Agreement, for the total of 30 passes at 5110,00 each. Upon receipt of payment, Practical Management Associates will issue 30 passes which will be numbered sequentially and validated for a two-year period. These passes are valid for any Practical Management Associates' seminar in any location in the United States and Canada. VIII. CANCELLATION: Should Practical Management Associates find it necessary to cancel a session to which the Client has scheduled attendees, the agreement period will be extended to inLlude the next session scheduled in that location. IX. It is understood that CITY OF DENTON will assure passes are received by Practical Management Associates prior to attendance at the specified seminar. In the event passes are not received prior to the seminar, army ny nryrnu will be billed by Practical Management Associates for the full public price of the seminar. PROPERTY RIGHTS: Printed materials provided by Practical Management Associates may not be reproduced, reused, or resold without the express written consent of Practical Management Associates, DATE 1 i_ Z' CLIENT BY PRACTICAL MANAGEMENT ASSOCIATES DATE r, Practical Management Associate: BY < - 6910 owensmouth Canoga Park, CA 91303 TITLE = Phone: 213/348-9101 Practical Management Associates, Inc. ?3601 Calabasas Road, Smile 2016, P.a Bax8789, Calabasas, CA 91301-8789 0 /1131349.9101 DETAILS OF HOW TO USE SUBSCRIPTION CARDS 1. Fill in each card completely before mailing them to the registrar of Practical Management Associates, 'inc. 2. Each card is worth one day of instruction Examples If a course is three (3) days duration then three (3) cards are necessary, etc. 3. Cards must be received before the session is held, unless prior agreements have been made. 4. if the attendee does not attend the session, cards will be forfeited. If notification of cancellation is re- ceived five days prior to the starting of the session the cards will be returned to you. 5. The subscription cards are money to you - please treat them as such. Also, take note of the cancellation date and use the cards before that date. It is important that you follow the above guidelines. If you should have any questions regarding same, please call our office. Thank you for your cooperation. -fit E Practical Management Associates, Inc, t ~33801 cw4km Road SWW 2098, P. Q. Box 8789, 04400M, CA 91302.19789 , (213)!41.9101 February 10, 1984 In connection with an examination of our records, our auditors, Windes & hlcClaughry, 444 W. Ocean Blvd,, Top Floor, Long Beach, California, 90802, desire to obtain directly from you a confir- matton of the following; That on January 31, 1984, you owed us ; ,300 on invoice k 17?. We have enclosed a copy of your unpaid nvo ce s as of that date for your refer- ence. If your records are in agreement with the above, please sign the confirmation below and return it in the envelope enclosed for your convenience. In the event there is a difference, please indicate the amount reflected in your records on the reverse side, Thank you for your cooperation, sincerely, Robert R. Jans en Controller PRACTICAL I-IANAGEMENT ASSOCIATES, INC. CONFIRMATION Yes. the above data is correct. No, the above data is not correct as indicated on the reverse side, Stgnature Date i CITY of DENTON, TEXAS MUNICIPAL. BUILDING / DENTON, TEXAS 76201 / TEL. EPHONE (817; 566.8200 MMORANDUK DATRi March 11 1984 T0: Mayor and City Council FROK: 0. Chris Hartung, City !tanager SUBJRCT: Denton Cultural Confederation and Chamber of Commerce Agreements for Allocation of Hotel/Motel Tax Funds On September 61 1983, the City Council approved an increase in the hotel/motel tax from four percent to six percent of gross room receipts. The City of Denton retains one percent of the gross receipts from all hotel/motel tax revenue as an administrative fee. The Denton Cultural Confederation and the Chamber of Commerce Convention/'Visitors Bureau are to equally divide the remaining gross receipts, Attachment A is an agreement allocating hotel/motel tax funds to the Cultural Confederation, A third of the funds received by the Confederation will be used for historic renovation, specifically the old Warehouse and the old Steam Plant. Once these structures are renovated, the City will retain this portion of the hotel/motel tax funds to be reallocated for purposes approved by the City Council. The other funds allocated to the Confederation will be divided equally between the Denton Arts Council and the Historical Commission, Attachment B is an agreement updating the Chamber of Commerce's present agreement with the City to obtain hotel/motel tax funds, 'The new agreement incorporates the new hotel/motel tax rate of six percent. The City Council is requested to approve these agreements for the allocation of hotel/motel tax receipts. 0, Chris Hartung / V City Kanager ah 0292& . ATTICFMENT A THE STATE OF TEXAS § KNOW ALL MEN 8Y TH.°5 E pRES ENTS : COUNTY 08 DENTON § This agreement made and entered into this the 13th day of March, 1984, by and between the City of Denton, Texas, a Municipal Corporatton, hereinafter called '"City", and the Denton Cultural Confederation, a non-profit corporation chartered under the L,avs of the State of Texas, hereinafter called "Confederation"; WITNESSETH: 'WHEREAS, the City has recently passed an ordinance providing for the increase of the assessment and collection of a hotel/motel occupancy tax in the City of Denton from four percent (4%) of the consideration paid by the occupant of a room, space or facility in any hotel/motel to six percent (6Z); and WHEREAS, Article 1269,E-4.1 permits the use of a portion of the six percent (6%) occupancy tax for the encouragement, promotion, improvemenc, and the application of the arts, and historical preservation and restoration; and WHEREAS, the Confederation is well equipped to improve and present the arts and to conduct and coordinate historical preser- vation and restoration in the City of Denton; and WHEREAS, it is to the mutual benefit of the City and Confede- ration that the City provide funds from the additional two percentage points increase in the hotel/motel occupancy tax to the Confederation for the above stated purposes and that the Confederation use such funds for such purposes; NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, City and Confederation hereby agree as follows: I, Confederation shall employ its best efforts for the encouragement, promotion, improvement, and application of the arts and historical preservation and restoration in the City of Denton including the establishment and operation by Confederation of an office for such purposes, III Confederation shall use a third (1/3) of the funds provide) by the City for the restoration of historic facilities, specifically "The Old City Warehouse and the Old City Steam Plant" located at the intersection of Hickory and Ball, Upon the completion of these renovation projects as reflected by the acoel.tanco of the facility for occupancy by the Confederation and final payment to the contraotor(s) involved in the renovation projects, the City will retain one percentage point of the six percent (6A) occupancy tax for purposes to be established by the C:',ty Council, At that time the Confederation will receive two percentage points of the hotel/motel occupancy tax less one percent, (1%) of gross receipts to be retained by the City for administrative expenses, but the City shall not be liable to pay any additional funds. if one percent (lb) does not adequately reimburse the City for its expenses, then the City may deduct the actual amount of such expanses, This paragraph, once it becomes effective, shall replace any other allocation of funds as listed in the following paragraphs of this agreement, 112. Until the new two percent (2%) tax rate allocation listed in Paragraph 11 becomes effective, the City shall, pay to Confederation an amount equal to the three percent (3Z) hotel/motel occupancy tax or fifty percent (50x) of the amount actually collected by the City from the hotel/motel occupancy tax in any fiscal year during the term of this agreement less one percent (1;) for administration expenses, but the City shall not be liable to pay any additional funds. If the one percent (1%) does not adequately reimburse the City for its expenses, then the City may deduct the actual amount of such expenses. IV, The City shall, on or before the 45th day following the end of each quarter pay an amount equal to fifty percent (50$) of the monies collected for the quarter, less one percent (i7.), to the Confederation, The quarters will end on the 31st day of March, the 30th day of June, the. 30th day of September and the PACE 31st day of December of each year. The first payment under t_tt contract will be due forty-five (45) days after the quarter ecdi.ug December 31, 1983. V. The Confederation agrees that it will record expenditures Involved in this progrAm on a monthly basis in separate accou^.t, The books of account will be maintained in a form approved by 11,11 Director of Finance of the City of Denton and will be availa::la for inspection and copying by the Director, his duly authori:rd agents and representatives. VI. Thirty days after the and of every quarter the Confedsra- tion will furnish to city a performance report of its work z,c&r this contract in a form determined by the City Manager and vti.h shall reflect overall activity, and a description of same is the last quarter, and the expenditures during the quarter of the r~~5s reVeived pursuant to this contract. VLI, It is understood and agreed that Confederation shat: zot in any sense be considered a partner or joint venturer with •:ity, nor shall Confederation be considered nor in any manner Bald itself out as an agent or official ,representative of ty. Confederation shall be considered an independent contractor :or the purposes of this agreement and shall in no manner incur any expenses or liability on behalf of City. VIII. Confederation does further agree to hold City haruless from any and all.claims by third parties for any injuries, dansge or liability occasioned by Confederation in connection with ...'s agreement, 1% It is understood and agreed that this contract shat: be terminated upon occurence of any of the following events; (a) The giving of written notice by either party to the other party at Laast ninety (90) days prior to the date of termination; (b) The termination of the corporate existence or. Confederation; (c) The insolvency of Confederation, the filing of a petition in bankruptcy, either by or against PAGE 3 I Confederation or an assignment by Confederation for the benef{t of creditors; (d) The breach by Confederation of any of the terms and conditions of this agreement and the continuation of such breach for a period of ten (10) days after written notice is given by City to Confederation of such breach. X, in the event of the termination of this agreement as pro- vided in Paragraph IX hereof, Confederation shall submit to City a . statement showing any expenses incurred by it for the present quarter in which said termination takes place and City agrees to reimburse Confederation, during that quarter, an amount equal co the lesser of the expenses incurred by the Confederation during that quarter or the amount they would normally be eligible to vaceive under the terms of this agreement for that quarter. City also realises that Confederation may have committed thowielves to• pay expenses for the promotion and encouragement of tltie costs chat will occur after the termination of this agreement, and City agrees to reimburse the Confederation for such expenses up to the cumulative sum of $250,00 from the hotel/motel. occupancy tax. XIS Confederation shall not assign this contract without the written consent of City first obtained in writing. XII, Any notice required to be given under the terms and provisions of this agreement shall be effective if and when given in writing and deposited in the United States Mail, certified or registered mail, return receipt requested, on the date to deposited and addressed to the respective parties as follows; City Manager City of Denton 215 East McKinney Denton, Texas 76201 President Denton Cultural Confederation Denton, Texas 76201 XIII. This agreement shall be binding upon the successors and assigns of the respective parties. XIV. All the terms, conditions and stipulations of this Ccn- tract are subject to all applicable federal Laws, state laws, the PAGE 4 Charter of the City of Denton, all ordinances passed pursuant thereto and all judicial determinations relative thereto. EXECUTED on this the 13th day of March, 1984, CITY OF Dt+NTON, TEXAS BY: KIMM) 0, grEWMT, MAYO ATTEST: CITY SLUKE7M ALLEN, CKARLOTTE CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON$ TEXAS BY: DENTON CULTTYRAL CONFEDERATION BY: 1 ATTEST: SECRETARY PACE 5 1 ~ ATTACHMENT B i THE STATE OF TEXAS COUNTY Or DENTON § This agreement made and entered into this 11th day of March, 1984, by and between the City of Denton, Texas, it Municipal Corporation, hereinafter called "City", and the Denton Chamber of Commerce, a non-profit cor-,oration chartered under the Laws of the State of Texas, hereinafter called "Chamber"; WYTNESSETHi WHEREAS, City has recently passed an ordinance providing for the assessment and collection of a hotel-motel occupancy tax in the City of Denton of six percent (6%) of the consideration paid by the occupant of a room, space or facility in any hotel-motel; and WHEREAS, the Chamber is well equipped to advertise and conduct solicitation programs to acquaint potential users with public meeting and convention facilities and to promote tourism and advertise the City of Denton; and WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to the Chamber for the above stated purposes and that the Chamber use such funds for such purposes; NOW, THEREFORE, in consideration of the premises and of the mutual covenants horein contained, City and Chamber hereby agree e.s iOllowst 1. Chamber shall employ its best efforts for general promotional and tourist advertising of the City of Denton and conducting solicitation and operating programs to contract conventions and visitors, including the establishment and c operation by Chamber of a convention and visitors bureau, 2. As a consideration for the services set forth in Paragraph 1 hereof, City agrees to pay to Chamber an amount equal to three percent of the consideration paid by the occupant of a room, space, or facility in any hotel with the City PAGE 1 L retaining one percent of the total gloss receipts eligible to oe paid to the Chamber for administrative expenses, but the Ctt7 shall not be liable to pay any addittorial funds. If the on,e percent (1%) does not adequately reimburse the City for tts expenses, then City may deduct the actual amount of suc~ expenses, The eligible amount shall be paid quarterly from ch'e hotel-motel taxes received in any fiscal year during the term c: this agreement, 3, The City shall, on or before the 45th day following t'n<e and of each quarter pay the sum of funds the Chamber is dx:e which were collected according to Paragraph 2, for that quarter less one percent (1X) to the Chamber. The quarters will and the 31st day of March, the 30th day of June, the 30th day September and the 31st day of December of each year, 4, The Chamber agrees that it will record expenditures involved in this program on a monthly basis in separatt accounts, The books of account will be maintained in a fr a approved by the Director of Finance of the City of Denton i:az will be available for inspection and copying by the Direct,.-., his duly authorized agents and representatives, during regu!Lr business hours of the Chamber, 5. Thirty days after the and of every quarter the Chnmc-er will furnish to City a performance report of its work under ti-.:,s contract in a form determined by the City Manager and waL:h shall reflect overall activity, meetings, conventions E.:,d conferences conducted, identity and amounts of advertis:ag conducted, copies of literature produced as well as a description of direct mailings in the last quarter, and :',e expenditures during the quarter of the funds received pursuant to this contract, b. It is understood and agreed that Chambar shall not in cny sense be considered a partner or joint venturer with City, :-r PAGE 2 I shall Chamber be consideed not in any manner hold itself out As an agent or official representative of City, Chamber shall be considered an independent contractor for the purposes of this agreement and shall in no manner incur any expenses or liability on behalf of City, 7. Chamber does further agree to hold City harmless from any and all claims by third parties for any injuries, damage or liability occasioned by Chamber in connection with this agreement. B. It is understood and agreed that this contract shall be terminated upon occurence of any of the following events; (a) The giving of written notice by either party to the other party at least ninety (90) days prior to the date of termination; (b) The termination of the corporate existence of Chamber; (c) The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against Chamber, or an assignment by Chamber for the benefit of creditors; (d) The breach by Chamber of any of the terms and conditions of this agreement and the continuation of such breach for a period of ten (10) days after written notice is given by City to Chamber of such breach. 9. In the event of the termination of this agreement as provided in Paragraph 8 hereof, Chamber shall submit to City a statement showing any expenses incurred by it for the present quarter in which said termination takes place and City agrees to reimburse Chamber, to the extent that said monies are collected from the hotel occupancy tax during that quarter, an amount equal to the lesser of the expenses incurred by the Chamber during that quarter or the amount of the Chamber is eligible to receive for that quarter. City also realizes that Chamber may have committed themselves to pay expenses for conventions that will occurr after the termination of this agreement, and City agrees to reimburse the Chamber for such expenses up to the cumulative sum of $1,000.00. PAGE 3 f 10. Chamber shall not assign this contract without the written consent of City first obtained in writing, 11, Any notice required to be given under the terms and provisions of this agreement shall be effective if and when given in writing and deposited in the United States Mail, certified or registered mail, return receipt requested, on the date so deposited and addressed to the respective parties as follows: City Manager City of Denton 215 East McKinney Denton, Texas 76201 Executive Vice-president Denton Chamber of Cummerce 414 West Parkway Denton, Texas 76201 12, This agreement shall be binding upon the successors and assigns of the respective parties. 13. All t4a terms, conditions and stipulations of this con- tract are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pur- suant thereto and all judicial decerminations relative thereto, EXECUTED on this the 13th day of March, 1984, CITY OF DENTON, TEXAS BY: MAYOR ATTEST: DENTON CHMIBER OF COHtI RCE CITY OF DENTON, TEXAS _ APPROVED AS TO LEGAL FORM: BY: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ATTEST: r - / BY: Cl~, Y SECKEFARY PAGE 4 CITYOI oxwoN, rExAS MUNICIPAL. 8UILDING / DEN70N, TEXAS 76201 / TE'LEPHONE 13,17) 566.8200 V'iEMORANDUM DATE: March 7, 1984 TO: Mayor and City Council FROM: G, Chris Hartung, City Manager SUBJECT: 1984 DENTON CITIZEN SURVEY Recently r received a letter of proposal from Dr, James Glass to conduct the 1984 Denton Citizen Survey. Dr. Glass will follow essentially the same design that he has employed successfully in past Denton Citizen Surveys. Dr. Glass will assudae full responsibility for project development and administration, including data analysis and report preparation. The cost of the survey will be $2975. A computing charge of approximately $200 will be billed separat.Nly to the City by the North Texas Computing Center. To most a mid-Jung completion date, the city Council is requested to authorize me to enter into a Contractor's Agreement with Dr. Glass for conducting the 1984 Denton Citizen Survey. ✓~f" 6 ~ _ CC I 0. Chris Hartung City Manager ai 0311a INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § The City of Denton, Texas, a Municipal Home Rule City situatad in Denton County, Texas, hereinafter called "City", acting her:ia by and through its City Manager, and James J. Glass, harainaiter called "Contractor", hereby mutually agree as followst 1. SERVICES TO HE PERFORMEDt City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. 1984 Denton Citizen Survey 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as followat A. Amount of Payment for Services: Two Thouaand Nine Hundred Seventy-Five ($2,975.00) Dollars to be paid to James J. Glass. B. Two Hundred ($200.00) Dollars for computer costs to be paid separately to North Texas State University Computing Center. H. Dates of Paymentst Completion of the Survey. 3. SUPERVISION AND CONTROL BY CIT_Y:_ It is mutually understaod and agreed by and between City and Contractor that Contractoz is an independent Contractor and shall. not be deemed to be or -on- sidered an employee of the City of Denton, Texas for the pur...ses of income tax, withholding, social security taxes, vacatica or sick leave benefits, or any other City employee benefit. The :ity shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood t.tnat Contractor shall perform the services hereunder at the dire,.-ion of and to the satisfaction of the City Hanager of the CicT of Denton or his designee under this agreement. 4•. SOURCE OF FUNDS: All payments to Contractor under c.:nis agreement are to be paid by the City from funds appropriati,c by the City Council for such purposes in the Budget of the Ci:: of Denton. S. SERYICSS AND 3VPPLIES TO BE FURNISHED BY CONTRACTOR: Con- tractor agrees to furnish to City the following ssrvicas and/or supplies: A. Pro ect Development B, Administration C. Data Analysis D. Report Preparation. 6. INSWkNCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, Liability insurance, and all other insurance necassary to protect Contractor in tha operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agree- ment at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: Invoices will be rendered to the City by North Texas State University Computing Center through completion of the survey, which has a projection date of ,tune, 1984. EXECUTED the this 13th day of March, 1984. CITY OF DENTON, TEXAS BY: U'-CHR1b KARTUNU ATTEST: CHARLOTTE ALLEN, CITY SECRETARY APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY BY: JAMES J. GLASS, CONSULTAI+'r BY: That Betty McKean, is hereby designated as the person to administer the provision of this agreement. ~ DATE G. CHRIS PAGE 2 \Yr1 I\.. r, w.i1 March 130 1984 CITY COUNCIL AGENDA ITEM SUBJECT Consider Participation it) Oversize Water Line- 12" -cn Ridgeway Drive to Service Southridge Village Shopping Center, SUMMARY; The attached map indicates the location of a new Southridge Village Shopping Center Addition which will be built at the corner of I-35E and Ridgeway Drive, This addition will b,e served by the construction of a waterline extension from I-35E along the east side of Ridgeway Drive. This segment of waterline, 525' of 12" diameter, would be economically advantageous to the City in that only the oversize costs would be chargeable to the City, The Southridge Village Shopping Center addition would pa:;, for the eyuivilent 8 waterline which extends across their frontage along Ridgeway Drive. The Hogan and Rasor Distribution Study has indicated LLUe need for a 30" waterline to transport more water to tae southeast section of the City of Denton along Kidgewdy Drive, Staff plans to oversize the waterline on the east side of Ridgeway drive to a 12" diameter to handle demanu in the area until such time as the location of the neu water treatment plant for Lake Ray Roberts has bean defined. Then, at a later date, a capital improvemenrs project for a larger water transmission line along the west side of Ridgeway Drive will be planned and constructed, FISCAL SUMMARY; All figures are estimates; Total project Cost 525'-12" WL t $28/Ft $14,700 Southridge Village Shop'g C:tr Share of costs for 525' of eyuivilent 8" WL LJ $22/ft, $11,550 CITY'S SHARE OF OVERSIZE 12" WATERLINE $3,150 Source of Funds- Water Bond Funds Account #623.00-008-0461-9114 26510-7 $150,000 is recommended in the revised 1983-84 CIP for waterline oversizing. No project has yet been funded, althou h Denton Co-op oversizing has been approved for $70$0 in bond funds. However, Denton County Co-op has decided to locate in Corinth rather than on Loop 288, so the use of tctose committed funds is doubtful, ACTION REQUIRED: Approval or disapproval by the City Council of subject participation in the oversize of waterline to 12" diameter, and authorize Staff to advertise for bids for the City's shave of the oversize line, ALTERNATIVES: 1, Approve participation of City in oversize of subject waterline. 2. Disapprove of subject participation at this time and approve installation of 8" waterline, which will necessitate greater costs to the City when 12" waterline is constructed in the future. RECOMMENDATION: The Public Utilities hoard, at their meeting of February 29, 1984, recommended to the City Council that the oversize of this 12" waterline be approved, and that the City be authorized to go out for bids on this project. Respectful y, R. E. Nelson Director of Utilities EXHIBIT I Location Map iI Participation Agreement I 2851U-8 . \ O 5 00 ov 0 $C A L I0 a"sv Iuj lady o"U) I \ 1 i SJUTHRIDGE VILLAGE SHOPPING CENTER i 00, , S N~op • 1~ SU6JEC"r . TRACT wmmmwmmmwwmmm~ ' LOCATION MAP NG?T TO SCA L E THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTSI COUNTY OF DENTON § THAT WHEREAS, SOUTHRIDGE VILLAGE SHOPPING CENTER, is the developer of certain property shown on the attached plat, which plat is incorporated herein as if set forth in full, in the City of Denton, Denton County, Texas, and Developer desires to serve such property with 525 feet of onsite water line facilities; and, WHEREAS, The City of Denton desires that such onsite water facilities be oversized and the City will participate in the additional cost of the oversized facilities pursuant to thv provisions of 83-70 of the Code of ordinances of the City of Denton, Texas; NOW, THEREFORE, this Agreement, made this day of , 1984, by and between SOUTHRIDGE VILLAGE SHOPPtNO CENTER, Denton, Texas, hereinafter called "Developer", and the City of Denton, Texas, a Home Rule municipal Corporation of the State of Texas, hereinafter called "City"; WITNESSETH: 1, The Developers will install, by contract or otherwise, a 12" water line and appurtenances to serve the property describ.zd on the attached plat in accordance with all City of Dento-, ordinances, rules, regulations, policies and procedures, The snid facilities shall be located as shown on the attached mas which is made a part hereof for all i-heats and purpases, 2. The City's share of the estimated cost of said facilities is approximately $3,150,00, Upon completion of construction anz, acceptance by the City of said facilities., the actual cost the City's participation in said facilities shall be determines and certified to by the Director of Utilities and hiii cartifica:e s.ettiog out the City's cost of said facf14;ies shall be attaches hereto and made a part hereof. WA'TEP,LINE PARTICIPATION AGREEMENT-PAGE 1 3. The City shall pay for its share of the facilities within •:hirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said facilities is hereby and shall at all times be vested in the City. 5. The Developer shall and do hereby agree ;:o indemnify and hold harmless the City from any and all damages, loss or lia- bility of any kind whatsoever, uy reason of injury to property or third person occasioned by any act or omission, neglect or wrong-doing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the perfot.nance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. IN WITNESS WHEREOF, this instrument is executed in triplicate originals this day of , A.D., 1964. CITY OF DENTON, TEXAS SOUTHRIDGE VILLAGE SHOPPING CENTTR BY 1 BY: MRARD 0. STEWART, MAYOR ATTEST: CRARLOTTE ALLEN, EZAETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS WATERLINE PARTICIPATION AGREFVENT-PAGE 2 \ H \ 10 ~ o ~ oy\~c~' scA 13 w \ a ~N n I z I Q y w I to Q' 'PCtj w y rs o'~ \ SOUTHRIDGIr VILLAGE \ \ SHOPPING CENTER \ I PuUl1c Utilities Board Minutes February 29, 1984 probable waste flow to establish lift station design flows, Ham concluded by stating that the project is included in tine current year of the capital improvements program. Herring made a motion that the Board recommend that the City Council approve the proposed contract for services, second by Loveless, five ayes, no nayes, motion carried, l 13. CONSIDER PAXTTCIPaTION IN OVERSIZE WATER LINE-J.2"-ON 1 RIDQNAY D'~ZIV:; TO SERVICE SOUTHRIDGE VILLAGE SHOP'IFTC` CENTER: Ham advised trie Hoard on this item sayy ng- that representatives of the Center nad requested tide 525' extension of water line and had agreed to pay for the cost of such an extension of 8" line. Ham said that by paying additional incremental costs and installing a 12' line, the City could avoid future problems in the area for very little coat. A brief discussion followed after which Herring wade a motion that the Board approve participation of the City in oversize of the subject water line, second by Boyd, rive ayes, no nayes, motion carried, 14. CONSIDER FINNL PAYMENT TO ED BLAYLOCK FOR UTILITY DEPARTMENT SLIDE PROGRAM: Nelson advised the Board that this action would fulfill' the City's obligation under the contract with Mr. Ed Blaylock for a video slide program, Coomes made a motion that the Board recommend the City Council approve the final payment in the amount of $400 to Mr. Blaylock, second by Boyd, five ayes, no nayes, motion carried. 15. CONSIDER REVIEW OF POLICY ISSUES: Nelson addressed the Board saying that at its January 18, 1984, meeting, the Board had indicated it wished to address a few policy issues during each of its subsequent meetings. Nelson then asked the board for direction, General discussion then followed during which the Board identified service territory, tie-on pricing, and quality issues as key concerns that it would address at a special meeting to 'be held at 7:00 AM on the 14th of March, 1984, No further action was taken on this item. 16. UTILITY DIREC'TOR'S UPDATE: Nelson advised the Board that at the February 21, 1984, City Council meeting, the Council awarded the bid for a $1 million issue of ut..ity revenue bonds at an interest rate of 9,196944%. Nelson stated chat the Staff was pleased to obtain such a favorable interest rate, With no further business, Cnairman Laney adjourned the meeting at 11:0U PM. 285OU-6 Data sigma chapter North Texas State UnivarsitY I=34 fie'' ~j306 west Oak Street Denton, Texas 78201 'telephone (817) t~.t t 7 Dear Sirs, We, the Brothers of Beta Sigma Chapter of Sigma z"Pha Mu, do hereby petition the City Council of Denton, Texas to aI nw us to close Fry St,, between Oak and Hickory, from the hours of 9;0001 to 8:J0 P1, on April 15, 1984, in order that the Fraternity may hold the Fifth Annual Fry St. Fair/Spring Renaissance. We have obtained written approval from all the merchants on Fry St. (see enclosed petion) and hope to obtain yours, We are looking forward to the fair and hope you will all come. Also I'd like to note that we have decided to give this years proceeds from booth rentals and other donation: to the United Way of Denton, 5incerIy, _ Teti ny~on J,B, Florida , Deta Sipme Chapter ~ North 7exae Wots, University 1308 West Oak Street Denton, Texas 78201 _ _t Tolophone (8'17) Vaa-4~Y s Z` t td~= t0 lo: Fry St. Merchants From; Sigma Alpha Mu Re: Fry St, Fair/Spring Renaissance Dear Sirs, We, the Brothers of Beta Sigma Chapter of Sigma Alpha Mu do hereby petition the merchants of Fry St, to allow us to close Fry St .5 (between between Oak and Hickory) from 9;OOAM to 8:00 on Sunday April 15, 1984,in order that we may hold the Fifth Annual Fry St, Fair/Spring Renaissance. Since its birth in 1980, the fair has been a great local event; it has been enjoyed by many and there has never been any trouble, we would appreciate your support in this year's fair. We also need your permission to block the street as its closing requires City Council's approval. First we need yours; If you will sign below we can really get this thing off the ground. Sincerely yours, ~f. Ten n J.B. Florida he Corkscrew... , Campus Barber Shop... , ~z i Studio Fashions......... r 4 Jiiii 's Diner..... Second Hand Rose,....... ~c Bullwinkles........ . r Student Book Exchange. , Fry St. Classics,. . Connection R E S O L U T I O N WHEREAS, on Sunday, April 15 1484, the Sigma Alpha Mu Fraternity is sponsoring an Spring renaissance to be held on Frf Street between the intersection of Oak and Hickory; and WHEREAS, the Spring Renaissance is open to the general public of of the City and County of Denton; and WHEREAS, in order to provide adequate space for the said Renaissance and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Fry Street between Oak Street and Hickory Street from the hours of 9:00 ABM, until 8:00 P.M, on April 15, 1984; NOW, THEREFORE. BE IT RESOLVED o; THE CITY COUNCIL OF T+8 OF DENTON, TEXAS. SECTION I, That Fry Street between Oak Street and Hickory Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on April 15, 1984 from 9:00 A.M.. until 8:00 P.M, for the purpose of holding the Sigma Alpha My Spring Renaissance. SECTION II. That the portion of the above described streets shall revert back to the City for normal traffic activi , immediately from and after 8:00 P.M. on April 15, 1984. SECTION III, That this resolution shall take effect and be in full for~.e and effect from and after the date of its passage and approval. PASSED AND APPROVED this the 13th da!o of March, 1984. RI T{RRD 0 STEWA F ,FOR C M. OF DENTON$ TEXAS ATTEST: CCFMLOTTE ALL2 , CITY SE R AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORt4 C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: L 7 7 J PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE. CITY COUNCIL To; Denton city council Case No.: Z-1635 Meeting Date: March 130 1984 GENERAL INFORMATION Applicant; Billy R. Jones representing Medical Building Company 2515 Scripture, Suite 203 I Denton, TX 76^01 i F status of Applicant; Prospective ^-.weloper r i Requested Action; Change in zoning from multi-family 1 (MF-•1), office (0) and planned devel- opment (PD-51) for office use to the planned development (PD) classifica- tion Purpose; Development of a seven (7) story multi--family housing complex (133,930 square feet of proposed building area) and sixty (60) unit personal care facility Location and size: 6.033 acres located adjacent and west of Bonnie Brae Street between West Oak and Scripture Existing Land Use; Single family residential, vacant Surrounding Land Use and Zoning; North - Single family residential, office; MF-1, 0 South - single family residential, I multi-family, electric E substation, Deli-quick; MF-2, 0, GR, 5-19 East Single family residential, j Pro Music Shop; NS, SF-7 West - Multi-family, Texas Medical Center, vacant; MF-1, O, GH. C~ Denton Development Guide; Area is designated as low intensity (Case # Z-1635) Page Two SPECIAL INFORMATION Transportation This site has immediate access to and Traffic: Bonnie Brae Street. The portion of Bonnie Brae adjacent to this site is an improved four (4) lane secondary arterial. West Oak (partially im- proved secondary arterial) and scripture (partially improved collector street) are near this site to the south and north, respectively. Staff will present a more detailed traffic analysis at the Planning and zoning commission meeting but it appears that Bonnie Brae and affected road systems have adequate capacity to support this proposal. Ingress- egress is proposed from Bonnie Brae Street exclusively. Two curb cuts are being requested and can be approved as shown on the site plan; however, normal subdivision regula- tion and land development code policies would permit one (1) curb out only (one per 200 feet of front- age on secondary major arterials). The transportation engineer has also reported that visibility problems will exist for motorists exiting the site. The visibility problems relate to the design of the street as opposed to the design of the proposed development, Public Utilities: Adequate electrical, water and sewer, telephone, gas and cable T,V. serv- ices are in pla:e or available for extension to this site. Drainage: No major drainage problems exist at the site. i I (Case *Z-1635) Page Three LAND USE ANALYSIS The 6.03 acres in this request is located in an area with a low intensity designation despite the presence of existing and sur- rounding multi-family (MF-1), office (0), planned development (PD) for office, and commercial (C) zoning classification and land uses. Thu area west of Bonnie Brae Street between Scrip- ture, West Oak and I-35 E was last considered when a local physician requested, and was granted, planned development (PD) zoning for medical office use at 215 Bonnie Brae Street, At that time, and during a February, 19824 request for the same site, staff suggested that piecemeal redevelopment of, the single family property fronting Bonnie Brae to the west would not be desirable. Some members of the Planning and Zoning Commission expressed concern for poorly planned redevelopment of remaining single family housing and residential character, and sentiments were mixed regarding the future of this area, However, some commissioners clearly intimated that the area in question should become the site of medical or health related land uses compati- ble with the Medical Surgical Clinic and existing medical offices north of the 6.03 acres being considered today. The petitioners in this request have addressed the piecemeal redevelopment problem by acquiring a large portion of property along the West Bonnie Brae corridor for incorporation into a retirement center that is designed to house and provide personal care for senior citizens. Existing character of the area will be altered dramatically if a center of this scale and scope is constructed, but the potential benefit to the public is an obvious consideration and the proposal is compatible with existing surrounding medical facilities. If existing multi-family, office, and commercially zoned property were developed, the area in question would have more moderate center characteristics than low intensity characteristics. It is felt that the proposal is both logical and reasonable, but it is strongly recommended that, Development Guide policies be modified and structured in accord with what is actually happening in this area. Additionally, it is further recommended that consideration be given to a strong policy that limits moderate and high intensity development to the west side of Bonnie Brae. The Development Guide prescribes that policies can be modified or added in conjunction with specific zoning actions or during more comprehensive annual update exercises. (Case #Z-1635) Page Four SITE PLAN ANALYSIS Staff has reviewed the proposed site plan and has found it to be consistent with applicable regulations except in the area of curb cuts, As reported earlier, the subdivision regulations and land development code would only permit one (1) curb out along a mayor arterial per every 200 feet of frontage. An additional curb out can be approved as part of a PD request. Screening and landscaped perimeters are proposed both for security and protection of abutting properties, During conceptual discus- sions, staff urged the petitioners to submit a plan that would minimize concrete and parking along the Bonnie Brae frontage as much as possible. Total rear yard and side yard parking was discussed, but the petitioners have explained that security, accessibility and topographical factors makes parking in the front yard a necessity. A previous plan was modified at staff's request and the present plan now shows a minimum 25 foot land- scaped front yard (consistent with average existing front yards) and parking lot and perimeter landscaping. The petitioners feel that they have diluted the potential "concrete" effect as much as possible within the framework of their objective, Staff agrees that sincere efforts have been made in this and all efforts, but strongly recommends that land- scape amenities be designed as shown on the site plan before certificates of occupancy are issued, if the petition is approved. Plantings along Bonnie Brae Street should include some trees of considerable stature and not more shrubs, In the past, some commissioners have questioned staff's recommendations "that every single tree on the plan be counted and required", in general, it is not staff's intent to be overzealous or too specific, but in this particular instance it is felt that detail is needed to attain a positive character, RECOMMENDATION The Planning and Zoning Commission recommends approval of Z-1635 with the following conditions by a vote of 6--0: 1. Curb cut location and number of curb cuts is not approved as shown on the planned development site plan; final location and number shall be determined during the building permit stage. (Case #2.-1635) Page Five RECOMMENDATION (Continued) 2. Total number of residential and personal care units, landscaping, screening and height of structure shall conform to approved planned development site plan and artist rendition. 3. Applicable City of Denton subdivision regulations, land development codes and other building permit requirements and standards shall be observed unless expressly waived as part. of the approved planned development ordinance. ALTERNATIVES 1. Approve petition with conditions 2. Approve petition without conditions 3. Approve petition with additional conditions 4. Deny petiion ATTACF ME:NTS 1. Aerial 2. PD concept plan 3. Reply form totals 4. Property owner list I 5. Minutes of Planning and Zoning Commission meeting of.' I February 8, 1984 0207a of r- Y ~ rI i~r'~1h1) )Ii i~•~~ ~,1 ' I I l1TT `Y t, Y `y) • ( dddY Ir.'.~~5 ~ . 1, IY ) P / C r t.l r f I f J.I I7 ? 1 ~1~ { a, kl ,,I ry ~~.o~1~~ ~.w.W y0ASL r 1 4 e ray ~ ~ \ ;fin a r ~ • r~ ~ rr. itj 000 L` r T ~ ir~9 7 t~ / ' ~ ~ I~ ~ ~ ,r.f~ 1 r r r r r• ' I ' s j 14*61 wjmn it }I r.~l 1 AOL ~,„>~Q~.• y' fry )C ~liY ~ ~"F~'. ...~~+y'. ~.~lr I . 5 a - _.......r.._.~._w......r ,r.♦.hrw .w,rr ..wy~MM.r«+•.i.~Njyl.11~.+-0 i._ «u _ ...-.r o..•~....~.. , 1' Ali 1{ti`Fl~ ' " f#ir' 1 ~ r I ' ~l ltl 11 ~ 1. ' I .1 , r I i I 1 ~ 1 ' •~1 r 1 ,1, h ~ I Rlrl 1 1 Ills •^r•m r=z-r_'_• Trr--III / Mr's 1 ' I ~ rr I ti I 1/ I rrT»>lll ! ~ 1 r t. l M i41 rqr ♦IYM 1 ♦ ! 1' . I \ ~ 1 r1~`~ , 1 I ! r _ (~r''^7'_ I_i- L<Y..- _ _ - _ ♦ .V2 DPCa ♦ 1 ~_~.;.;.tr I 'i I 1 tF V ♦ ; ~.r. I I' I 1 r•a'F - `IF TI Iop F1 Y + crl ~,.:.I~ ~}r .1J1RI`'1J1Jr 1 1{11yI. 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M lal1KY Ip~~(h IM1Vh.. ullrl ppl Rnu.pRP NFJt M, Ne•Mlhl v1 i La' Exbn+ 1j~ I'.NU. Y~(n 11 r«A' ICr W'J ""!"♦ROJM V~nrl l•Ylr r,rK I"♦V 11lI IL.1'r4 i♦ fl.f♦ IN IL'•/ lnavunr l9 q'I+rgrr.1~•RL"Tii.-._....."R!.♦.' L`ucbA•h!N!J~?_•. PRCFI?'!F.1 11t, r/rw ril Y. yrd».r 1 n•••~•'. n♦ Indv J Rf11pEMENF CENIEF I r r.,O>/cc 7) FFMAS _ 1vw n•A Vryi,r ~ttj /TG q1w-a. ~ /ILVV RUVtR l11Y rt r.SP.I 'd nTt, ~ nIb l •••~l 1 ~ `.b~'ytllll[tF lr1.111' ~ n• 1"r Irr•O ru 41i4 .1 PROPERTY OY?NER REPLY FOB'PiS CITY COUNCIL z-ib35 V\ FAVOR IN OPPOSITION Ul1`DEC7DED B. R, Jones J, V, Cooke 2509 Scripture 2300 West Oak Denton, Texas Oenton, Texas 2r I c~3 _ l e c r' 4u ~ la I y Ca I I 1 ; 1 C's~ ~ ~ ~ T ~'7 v ~ NI 5 ~ ~1'JY`1 y ~CI e, s-I V , ' Soi1 315 ~ _o c ~s-I 1q,1 aLt Pori -41 I I 3'--1 0 14"1 (KJll~c 5 Lv~. ~ Y ~ C I tr t.. 1 '✓UnY) 1 'C~ IJ t C1-.4.✓ f~ lrs, Jcry 1r1'1af~~~~ j d , , K , .S. S f I ck-~1G P & Z ftnutes February 8, 1984 Page 6 Mr, Claiborne commented he would be willing to consider duplexes, Mr. Claiborne made a motion to recommend denial of Z-1637, Mr, Juren seconded the motion. Mr. Pearson commented he feels these proposals would violate the intensity levels in the area, the piecemeal bothers him somewhat and he would rather see lard;er multi-family complexes. Vote was called and the motion carried 6-0, F.J Z-1635. This is the petition of Billy R, Jones, repre- senting the Medical Building Company, requesting a change in zoning from multifamily (MF-1), office (0), and plan- (UNAPPROVED) ned development (PD for office use) to the planned develop- ment (PD) classification on a 6.033 acre tract located adjacent and west of Bonnie Brae Street between West Oak and Scripture, If approved, the planned development (PD) will permit the construction of a retirement center com- prised of a seven (7) story multi-family housing complex (104,230 square feet of building area) and a 60 unit personal care facility (25,500 square feet of building area), Mr, Ellison explained 15 notices were mailed to property owners within 200 feet of the subject property 3 reply forms were returned in favor, and 1 reply received in opposition. Existing zoning is multi-family (MF-1), Bill Jones (partner) showed artists sketch of proposed retirement center and he said there would be available nursing care, lie explained the project would be a rental facility. Peggy Morris (area property owner) stated she is very much in favor of the proposal. Glen Rucker (architect-designer) stated the object is to give the project a '.esideatial look. He said much time has bone into the planning to make the units a very good place to live, lie explained details of the structure and site location. No one spoke in opposition, P & Z Minutes February 8, 1984 Page 7 Mr, Ellison explained all public facilities are adequate for this proposal, Street systems can serve with no capacity problems, This proposal with the type of individuals that will be residents will generate a much lower trip generation than single family or offices, He explained the Transportation Engineer has stated there is a visibility problem, Also screening will be an important issue. Staff feels this is a good proposal due to community needs. The number of curb cuts is the only technical problem and Development Review Committee recommends approval with the following conditions, 1) Curb cut location and number of curb cuts is not approved as shown ort the planned development site plan; final location and number shall be determined during the building permit stage. 2) Total number of %esidential and personal care units, landscaping, screening and height of structure shall conform to approved planned development site plan and artist rendition, 3) Applicable City of Denton subdivision regulations, land development codes and other,bvilding permit requirements and standards shall be observed unless expressly waived as part of the approved planned development ordinance, Mr. Juren asked for a clarification of the planned landscaping and questioned if it could be ;in additional source of visibililty problems, Mr, Ellison explained there would be bushes and trees but nothing in an area that would cause visibility problems. He stated the curb cuts will be addressed in the platting stage and an involved study would be done on visibility, traffic, etc, Public hearing closed. Mr. Sidor made a motion to approve Z-1635 with the following conditions: 1) Curb cut location and number of curb cuts is not approved as shown on the planned development site plan; final location and number shall be determined during the building permit stage, 2) Total number of residential and personal care units, landscaping, screening and height of structure shall conform to approved planned development site plan and artist rendition. P & Z Minutes February 8, 1984 Page 8 3) Applicable City of Denton subdivision regulations, land development codes and other building permit requirements and standards shall be observed unless expressly waived as part of the approved planned development ordinance, Seconded by Mr. Juren, motion carried 6-0. G. V-4, Request of Donald H. Stone for a variance of Article ITT, Section 4.03, Paragraph H, 2b, which requires curb, gutter, drainage and pavement improvements to unimproved perimeter streets adjacent to subdivisions and develop- ment lots. The petitioner is seeking lot of record and a og approximately hat would acres inlsizeelocated at 1,500 South Bonnie Brae St. Mr. Ellison explained that the Development Review Committee is in favor of getting the required improvements imposed. No one spoke in favor or in opposition. Mr. Claiborne asked what size the property is and said the street was not improved on either side with curb and gutter. Mr. Ellison explained the size and agreed the other section of Bonnie Brae was not improved with curb and gutter. Mr. Sidor commented he agreed with staff in requiring them to do improvements. :Ir. Juren made a motion to recommend denial of V-4, seconded by tor. Sidor, motion failed 2-4. (Cole, Claiborne, Pearson and LaForte) Mr, secondbdbbyr~Ms. Cole, made a motion to recommend approval of V-4 11. Approval of the final replat of part of lot 3, block D, Shady Oaks Industrial Park Addition. Mr. Ellison stated Development Review Committee recommends approval. No one spoke in opposition. Public hearing closed. Nr. Jurr:u made a motion to recommend approval of the replat, seconded by Ms. Cole, motion carried 6-0. NO, AN ORDINANCE AMENDING THE ZONTNO MAP OF THE CITY OF DENTON, TEXAS, To THE COE N OF SAME THE N0, 69D 1 ,OANDRAs SAIDS HAP OF DENOND TEAS AN XAS, BY APPENDIX ORDINANCE CITY WAS APPLIES TO APPROXIMATELY 6,033 ACRES OF AND OUTTEr T;H ANDUGENE PUCHALSKI SURVEY, ABSTRACT NO, 996, PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFFCTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSi SECTION I, The Zoning Classification and Use designation of the following described property, All that certain 6,033 acre tract or parcel of land situated in the Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas; part said County otf bDenton,otTexasndsai,d Btract beingAfurther described City and o Y described heroin by metes and bounds as 'ollowet BEGINNING for the northeast corner of the tract being described shown by plat recordedt InoVolume fl L Page 7 , Plat herein iAdditin as iron pin at the Records, Denton County, Texas in the west line of Bonnie Brea said Street; 15 iron pin set in the ground east with angle point tinethe sastllinetof to an Lot 1; said road corner of Lotf el tof osaVX11 cut in id Bonnie side0walk at east with THENCE concrete south Brea Addition; THENCE south the gr5'east with said he southeastdcorOnerBofetract shownrby pin found in the ground; ; at deed to Texas A & M University Development Foundation as shown by deed recorded in Volume 932, Page 437, Deed Records of Denton County, Texas; THENCE north 89°16'08' west 213.13 feet to an iron pin found at fence corner post; THENCE south 89°58'16" west 161.48 feet to an iron pin found at fence corner; THENCE north 89°42'55" west at 11,7 feet an cut in concrete at the southwest corner of said Texas A A 8 University Dev, Foundation tract, ov9rall, a total distance of 473.41 feet to an iron pin found at, the southwest. corner of tract shown by deed to Jameeba Records of Denton County,lTexasrded in Volume 1239, P THEI:CE north 0°G0' 34" west w'.th fence 103.84 feet to dfence Jcorner post at the southwest corne" of tract snovin by dee to amoeba tract as recorded in Volume 1043, Page 739, Deed Records of Denton County, Texas; THENCE nhO tt with fence Ofeet Block tiA, iHed-T set in the grotind at the southwest cornet: of ax. Subdivision; 20. eet 11H,,8tCatsthehsout east cornerfofhsaidrblock A,Mad Tex Subdivisione;r Z-1635/BILLY R. JONES/PAGE 1 THENCE south 88°57'02" east 301,68 feat to the point of beginning, is hereby changed from Multi4amily (MF-1), Office 110" and Planned f~fios use) district Classaifioa:ion Use to Development (PD for g Din riot Classifica tion nd Use under the t Planned Development PD the Comprehensive conditionsd and specificationsy of Denton, Texas with 1. Curb cut location and number of curb nuts is not approved as shown on the planned development site plan; final location and number shall be determined during the building permit stage; strucare 2 landscaping, number screegand residential heand ight personal ture ssshali conform to approved planned development site plan and artist rendition; 3. Applicable City of Denton subdivision regulations, land development codes and other building permit requirements and standards shall be observed unless expressly waived as part of the approved planned development, ordinance. The Zoning Hap of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City, of Denton, Texas, under Ordinance No. 69-1, be, and the same is classifica- to to above c onditnionsi and s specifications. tion and rUse by sub~ect ad SECTION 1I, That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district view toreonIts aervingliar the suitability or particular uses, and value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, ants its citizens. SECTION 111, That this ordinance shall be in full force and effect immediately after its assage and approval, the required Zublic hearings having heretofore been held by the Planning and coning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of March, 1984. RICIiARD 0. S'f {ART , "A OR CITY OF DENTON, TEXAS .ATTE3T: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J . TAYLOR, JR. , CITY A'TTOR:,EY CITY OF DENTON, TEx,15 BY i Z-1635/81.LLY R. jONES/PACE J vl .h tl I 1 r 1 1 1 1 ....,r.. ` s-.t=~.u.•lf'^` 1 ~-.:_--`-S~a -a.lb.s~s d-... . ` O f Ij 10. « N 'G' ~ .i1(FIT.1 I I 11:4141:11 ~ (n=11 4 i h VM111M14• 1 i t 11 1 1 I ' 111:L1:~~~.Et ec:.. I i ~t + I ` i`'1` ' w , ,1,1,x' ~fy11f ;ri I ~y~;W __.'w" ~ ♦r ` ' 1 r, ~A~I~~~I~I'.~1 I~1 I~f~'r~li/~ ~ I~I:I I ! ~I , ),'i ' jj~ i ti~1 .I.z Hel rI~ w 1 J -1 1 '1 1 I I I I_ I I-~ - 1,;~ (1tI IJI_l f I IJ I C~_I111 I,I_I_[1 l ~I ~I -TT mT [IF- V, FIT ID T f T I J 1 \ r.Fl ' ~y✓ Ili a-''li 1 !t r~~.' 'I ' " IM Y WY i.M 1 1:Ill -I+~f'IJ•.I.0 ~ 'bL2, 11lSJ J4 0!,:_* S/; ~e~li il.jiw .~~:P~~514 1 I 1 n •HrY wPw r,w,oq .aul. ~IMI nOY .u. l!L.4L._._ IJb Yt ' .fMNlll.A „HM. M4u,r 111 i' tj r, p li II• 'll\r t HI~R 4n 1 X "h n111111111 fINIII ' i 'nlt'fa:. {11~e.+ S.1 j I 'I.n 1 l I{ - Y 11'. !b 1•"I. 1y,'. r~ i~ I , iy I~Uv ~i11 .a. o i f PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No,: Z--1642 Meeting Date: March 13, 1984 GFNERAL INFORMATION Applicant: Larry Satell representing Medical Practice Management, Inc, atatus of Applicant: Owner Requested Action: Change in zoning from single family (SF'-7) to the planned development (PD) classification Purpose: Zoning change for prospective light industrial use Location and Size: 53,985 acre tract beginning adjacent and east of Loop 288 approximately f 300 feet south of Spencer Road Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Single family, vacant; LI, C South - Vacant; A East - Vacant; A West - Single family residence; A Denton Development Guide: Area is designated as high intensity. SPECIAL INFORMATION j I)rainage: Retention/detentior, is strongly recommended for the type of development possible, but no major improvements appear needed. (case # z-1642) page Two SPECIAL INFORMATION (Continued) Public Utilities! Adequate sewer capacity is available. Nearest available water is in the area of the MKT Railroad and Loop o but i have lines adequate have to be capacity. Adequate electrical and telephone gas vand scaare ble availale. facilitiesuisof unknown. Transportation and This site has immediate access to Loop 288, a primary major arterial, Traffic: Driveways along Loop 288 and all major thoroughfares are greatly limited and controlled heavily by the City of Denton subdivision regulations and land development code, Access is not considered a problem, but staff feels that the petitioners should be apprised of driveway policies and the need for acceleration and deaccelera- tion lanes along Loop 288 early in the process, The thoroughfare p•'an shows a north-south collector street whose general location appears to be located within the boundaries of this E tract. Staff is researching the effect of the designated collector on this tract, and will report any additional findings at the meeting. Howevor, the transportation engineer is considering a recommendation that the alignment of the collector be modified to follow the western and southern perimeter of the 53 acres in question. it (Case kZ-1642) Page Three LAND USE ANALYSIS In spite of its current single family (SF-7) zoning classifi- cation, the site in this request is located in a high intensity 4 area, Light industrial (LI) zoning at this site would be con- sistent with policies for high intensity areas. The petitioners have agreed to restrict the attached land uses in the proposed PD as opposed to requesting unrestricted light industrial a.oning and uses typioai"Ly permitted by the city of Denton zoning ocdi-. nance. The Engineering and Utility departments have indicated that problems associated with the recent Henry S. Miller Company requests for similar zoning in this area are not applicable to this proposal. RECOMMENDATION The Planning and Zoning Commission recommends approval of Z-1642 with the following conditions by a vote of 7-0, 1. The following land uses shall not be permitted in the approved PD; Dormitory, Boarding or Rooming House Trailer Camp or Mobile Home Park Cemetery or Mausoleum Fairgrounds or Exhibit Area Half-Way House Home for Care of Alcoholic, Narcotic, or Psychiatric Patients Private Utility Shop or Storage Yard Amusement, Commercial (outdoor) Drag strip or Commercial Racing Go-Cart Track Rodeo Grounds Stable, Private Club Stable, Commercial Rental Stable, Hoarding Theater, Drive-in Hauling or Storage Company Tire Re-Treading or capping Used Auto Parts Sales (in building) Tool or Trailer Rental Hatchery, Poultry Livestock Auction Livestock Feeding Plant, Pens or Yards (Case #x-1642) page Four RECOMMENDATION (Continued) Heavy Machinery Sales and Storage Sand, Oave or Ert Sales or Strage StoragarandlSalesaofhFurniture oroAppliances outside a Building Trailer Rental or Sales Extraction and Sale of Sand, Caliohe, drone, Clay or ar.ave petroleum Collecting or Storage Facilities Mining or Storage of Mining Wastes (permanent) Brick Asphalt Kiln or n Tile e pgant atching plant Dump or sanitary Fill Area Open Salvage Yard for Rags or Machinery, etc. 2, All applicable City of Dentodingbcodesioandeotheri nvia gd zon' land development codes, ordinance requirements shall be observed. ALTERNATIVES 1, Approve petition with conditions 2. Approve petition without conditions 3. Approve petition with additional conditions 4. Deny petition ATTACHMENTS F2. . Aerial PD concept plan (property boundary map) Letter from representative of petitioner , Property owner list , Reply form total 16. Minutes of Planning and zoning commission meeting o February 22, 1984 02308 gf iv 'r• i f v~y~ r till s i N` Fu ~ 1( ' ,~1lyH~~ ~ rr 1 1 p~ r. +'h1~ MOH? 1 , Mme" r t t t A j 1 ' 2.N ` 1I r G la. kv • +e 1n ~ ~f r far L> i~t~~Ai~~ N MII~MwI M ,WMrI M'Ii Mi Iw #1U M1 11 M M.1 Iww lw ~ II IN r wl 1rN M II IIM IM Iti H wl ra lrlN r M ~11~ 1411 wwll H IM /M1 IM 11 N1 l,Y~ Mlr Mr11 N I~i111M M IwYllll» r 1. AMU N MN M MM 41W w MM b I" N 1 N W 11 M. N w 1. MI, 11 NM w WM Nr M FI M•'IMlwf N r Inl 1y MI Iwrl. NN 1NM W M11MN4 wlwl N W 1. YI II NI H1111 • /rlrl I MI MN IINU N ~1,~1~111 I r ""M H M w 1. INI,II k NN MI HII 1YY N W tll11Y11 IN» » NI/11=1 111 p II.MI NIN 11 IM Ir 1r /•1• IrM /Nwl M W IMM N 1AIW W 111NIIA11 \ 11►I N•YI M /WM11 Ir 111111 111, rlr M 1J IMII''1' 11 tit _ ,L. I 1 ,111° ~~ff e }I r a ` 1• }Lw L~ TOPOGRAPHY SURVEY OF A 55965 ACAS 1RAC1 S17VAT£0 IA YHE J, 'A' CHEEK SURVEY, A- S24, DWON S COUMIYI T£%AS S suu r I loo' uu°c ~ . II1: ►1r1 10111 MRUH f-1.111 ltfa scot tAst Mt Nl O.IM ~J.9IJ ♦CAfS tltl UfIJU Itmtalt a1 Ml t' v, (~1 NI IMr 1 IINH ~ N a g w J. W. CHEEK SURVEY A-324 N H LL d H lA V N 1/'11'15' 1 Tol ld• S IY M1'Id•r tl/ k IJ nlllb Ill"W" I' "Mi" ""hU ' (•I y.ll •11»» WI 11111. 1111111 1111 1111 1•IV 1.11 .II WI » IY 111 11 1•I IIw 111 1111111 111111111 NII» IN I• NI w IY1 1411 11• Y IINI»• NODUH SURVEY A- 646 INUr, 11NUi•1 n nu. Iwln uN Iwul11.~~ ...w.Nn. w1IN•Iq II ;•IN~Y •11, w II» IIIN'lll f INH 111111 N .r 4•»1, W IN1 1111 /1.». I 1 Y•111 Il.llyll (I ••IM 1 •111111 11 111 1 ~r^ 1 •1,1 •I ruuwl.ro rrlWAl v,nll Ynulrnm nwl 11. on ALL Muck llxs b)NMIOYIYfNIIdlCwkllt rlYdrtr r~r), 1 rrwr . ,11 V4445 011 HENRY S. MILLER CO,JSRE pLT0R3 PAW rORY i~ """'OUSi0Ni SON ANIONIC) DRASE SIFRANKrURI EIMI 73 ?09 J, Mik#l Roynolds February 9, 1984 Senl0r Pico Pro6ldeni Mr. David Ellison City of Denton Denton, Texas 76201 Res Zoning Case #IZ-1642 Dear Mr. Ellisons has agreed to not Medical Practice Management, Inc. allow on thet53-acreotractuinsthe aboveDreferenceduzoning ccasesict on Dormitory, Boarding or Rooming House Trailer Camp or Mobile Home Park Cemetery or Mausoleum Fairgrounds or Exhibit Area Half-Way House Narcotic or Home for Care of Alcholic, Psychiatric Patients Private Utility Shop or storage Yard Strip Amusement, Commercial (outdoor) Drag S or Commercial Racing Go-Cart Track Rodeo Grounds Club Stable, Stable, Commercial Rental Stable, Boarding Theater, Drive-In Hauling or Storage Company Tire Re-Treading or Capping Used Auto Parts Sales (in building) Tool or Trailer Rental Hatchery, Poultry Livestock Auction Livestock Feeding Plant, Pens or Yards Heavy Machinery Sales & Storage Sand, Gravel or Earth Sales or Storagances Storage & Sales of Furniture or App Outside a Building Trailer Rental or Sales Stone, Extraction & Sale of Sand, Caliche, Clay or Gravel Petroleum Collecting or Storage Facilities RECEIVED FES 1 0 1984 AnOE u~rE F HAN1u A. aEReA LAND 60 ~I AVLACAPONSL1VIEOFNAENAL ESIAIE APPRkltpS OWEAE -ANSV A' ;Y.FEly IOFAEFA ENSI4E000'SEIC°S ~i4'1 AI31AL UiWAr('EP SCY.Ittv CF Februar 9, 1984 Mr, David Ellison City of Denton Page 2 Mining or storage or Mining Wastes Asphalt or Concrete Batching Plant (permanent) Brick Kiln or Tile Plant Dump or Sanitory Fill Area Open Salvage Yard for Rags or Machinery, etc. Mr, Larry Satell has asked that I forward this letter on his behalf in order that you may proceed with your public notices. Thank you for your consideration in this matter, Very truly o rs, iJ', Mikel Reynolds (Agent for Larry Satell) /emz cct Larry Satell Bob Ray r t 0 F~~Y PROPERTY OWNER REPLY FOP MS CITY COUI<CIL Z-1642 IN FAVOR IN OPPOSITION Uh'Al, CxDE~ Bob Lohrke None Received Route 7, Box 17 Denton, Texas 76205 James L, & Mary Harris 1703 hoop 288 Denton, Texas 76201 L, 3( Fay } ln~ '~6IIb S" n G r r~•.._. J~~ `t V. c. ~ ~IYI~ a Li . 10 ~ I P IA Z Minutes Fepruary 22, 1984 Page 2 111, public Hearings ~"Z-1642, This is the petition of'La1ryuestinl)arepresenting A, e cal Practice Management) Inc Co the tanned development zoning from single family (sF-7) p use ve a (PD) classification for light industrial east of hoop 288 53,985 acre tract beginning adjacent (UNAPPROVED) approximately 300 feet south of Spencer Road. Mr, Ellison explained there were 5 notices mailed to reply feet of subject pror,erty zero owners .with erty Mike Reynolds (H. S. Miller Company) explained the request lightfamily industrialouse~nned development .from. present single class No one spoke in opposition. Mr. and statedntiiepareaeistdesignatedoastnighuintensity,land Mr. Sidon asked what usually planned idevelopmentsllcomeningshowing be used for, us Y exactly what is proposed. Mr, Ellison commented that the Transportation Engineer has some concern with the alignment of the collector street but this can be addressed during the platting stage of the approval. Development recommends 1. The following land uses shall not be permitted in the approved PD: Dormitory, boarding or Rooming House Trailer Camp or Mobile Home Park Cemetery or Mausoleum Fairgrounds or Exhibit Area Half-Way House Home for Care of Alconolic, Narcotic) or Psychiatric Patients Private Utility Shop or Storage Yard Amusement, Commercial (outdoor) Drag Strip or Commercial Racing Go-Cart Track Rodeo Grounds P 4 Z Minutes February 22, 1984 Page 3 Stable, Private Club Stable, Commercial Rental. Stable, Soardin Theater, Drive-In Hauling or Storage company Tire Re-Treaditig or Capping Used Auto Parts Sales (in building) :ool or Trailer Rental Hatchery, Poultry Livestock Auction Livestock Feeding plant, Pens or Yards Heavy Machinery Sales and Storage Sand, Gravel or Earth Sales or Storage Storage and Sales of Furniture or Appliances Outside a building Trailer Rental or Sales Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Petroleum Collecting or Storage Facilities ~~ing Plant (permanent) Mining or Storage of Mining Wastes Brick Asphalt Kiln or Concrete Plant Dump or Sanitary Fill Area Open Salvage Yard for Rags or M.acninery, etc. + 2. All applicable City of Denton subdivision regulations and land development codes, building codes, and other zoning ordinance requirements .:hall be observed, Public hearing closed, following motion conditionsmend approval of Mr. L1642 Claiborne with I~ the made a Z 1. The following land uses shall not be permitted in the approved PD: Dormitory, boarding or Rooming House Trailer Camp or Mobile Homz Park Cemetery or Mausoleum Fairgrounds or Exhibit Area Half-Way House Home for Care of Alcoholic, Narcotic, or Psychiatric Patients Private Utility Snop or Storage Yard Arausement, Commercial (outdoor) Drag Strip or Commercial pacing P kA Z Minutes February 22, 1984 Page 4 Go-Cart Track Rodeo Grounds Stable, Private Club Stable, Commercial Rental Stable, Boardingg Theater, Drive-in Hauling or Storage Company Tire Re-Treading or Capping Used Auto Parts Sales (in building) Tool or Trailer Rental Hatchery, Poultry Livestock Auction Livestock Feeding Plant, Pens or Yards Heavy Machinery Sales and Storage Sand, Gravel or Earth Sales or Storage Storage and Sales of Furniture or Appliances Outside a Building Trailer Rental or sales Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Petroleum Collecting or Storage Facilities Mining or Storage of Mining Wastes Asphalt or Concrate Batching Plant (permanent) BricK Kiln or Tile Plant Dump or Sanitary Fill Area Open Salvage Yard for Rags or Machinery, etc. 2. All applicable City of Denton subdivision regulations and land development codes, building codes, and other zoning ordinance requirements shall be observed. Mr. Juren seconded the motion, motion carried 7-0. B. Z-1643. This is the petition of Charles S, Krocker, representing Checkmate Development Corporation, requesting a change in zoning from single family (SF-10) and specific use permit (5-84) to the planned development (PD) classi- fication on an approximately 77.8 acre tract beginning adjacent and north of old North Road, adjacent and south of the Kingston Trace Addition, and adjacent and east of the Northwood Addition. If approved, tae planned develop- ment will permit the following land uses: Single Family (SF-10) - .rn 20.3 acres bordering; Northwood Addition (5th3 7th and 8th installments) and Kingston Trace Addition (west of Cooper Branch East Street) Single Family (SY-7) N0. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE Of ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-10 5 ACRES 0D AS PPRO OF LAN OUT OF THEDJ M W. CHEEK SURVEY, ABSTRACTLNO, 324, DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING Ail EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSI SECTION 1. The Zoning pClasatf,cation and Use designation of the follow- ing ing all that certain lot, tract or parcel of land situated in the J. W. Cheek Survey, Abstract No. 324, Denton County, Texas, and being a part of that same 65.63 acre tract of land conveyer to Olen L. Spencer by the Veteran's Land Board of Texas as recorded in Volume 382, Page 204 of the Deed Records of Dentoo County, Texas and being more particularly d&scribad as follows; BEOINNINC at an iron rod at the intersection of the southeast line of SH 288 with the west line of the J. W. Cheek Survey; THENCE torthe 61*40' east 27.60 a curve to the left southeasthaving a central angle of 4°23', a radius of 2939.79 feet; THENCE around said curve to the left and with the southeast line of SH 288, 224.90 feat to a point for corner; THENCE north 31°05'34" east 205.22 feet with the southeast lire of SH 288 to the beginning of a curve to the left having a central angle of 10°58'36", a radius of 2924.79 feet; line cothe rner, southeast of THENCE SH 288, 60.33 feet curve the iron aleft and n rod for with being the southwest corner of the K. L. Brooks 1.31 acre tract; corner south line of the THENCE Brooks south tract 4to 0 a 1n iron rod 9for feet the Inez J. Bond 94.6 acre tract; THENCE south 00055'05" Iron t rod 2252,06 for 06 cofeet rner with the the the Bond tract to a south line , i the J. W. Cheek Survey; THENCE south 89°16'20" west 559.44 feet with the south line :f the Cheek Survey to sn iron rod for corner; THENCE north 89°11'35" wost 601.20 feet with the south line of the Cheek Survey to an iron rod for corner, said paint being :he southeast cos-nor of the W. W. Williams 7.208 acre tract; THENCE north 00°54'02" east 1627.17 feet with the east line of the Williams Tract and with the west line of the J. W. Cheek Survey to the place of beginning and containing 53.985 acres of land. Z-16421LARRY SATELL/PAGE 1 hanBed from Single-Family "SF-~ District Classifica- is hereby c " Development "PD" District Classification for Pla"Lnned I" DUse under the Comprehensive Zoning Ordinance Light Uindustrial to of the City of Denton, Texas with the following conditions and specificationst 1. The following land uses shall not be permitted in the approved PD; Dormitory, Boarding or Rooming House Trailer Camp or Mobile Home Park Cemetery or Mausoleum Fairgrounds or Exhibit l.rsa Half-Way House Home for Care of Alcoholic, Narnotic, or Psychiatric Patients Private Utility Shop or Storage Yard Amusement, Commercial (outdoor) Drag Strip or Commercial Racing Go-Cart Track Rodeo Grounds Stable, Private Club Stable, Commercial Rental Stable, BoardinTheater, Drive-to Hauling.or Storage Company Tire Re-?reading or Capping Used Auto Parts Sales (in building) Tool or Trailer Rental Hatchery, Poultry Livestock Auction Livestock Feeding Plant, Pans or Yards Heavy Machinery Sales and Storage Sand, Gravel or Earth Sales of Storage Storage and Sales of Furniture or Appliances Outside a Buildin3 Trailer Rental or Sales Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Petroleum Collecting or Storage Facilities Mining or Storage of Mining Wastes t) Asphalt or Concrete Batching Plant (permanent) Br Kiln or Tile Plant Dump or Sanitary Fill Area Open Salvage Yard for Rags or Machinery, etc. 2. All applicable City of Denton subdivision reguia:ions and land development codes, building codes, and other zoning ordinance requirements shall be observed. The Zoning Ma of the City of Denton, Texas, !Adopted the loth day of January, 1969, as an Appendix to Che Code of Ordinances .f the City of Denton, Texas, under Ordinance No. 69-1, be, and t,ne same is hereby amended to show such change in District Classi:i- , cation and Use subject to the above conditions and specificatLoos SECTION II. That the City Council of the City of Denton, Texas, hareb}N finds that such change is in accordance with a comprehensive p'.an for the purpose of promoting the general welfare of the City of Denton, Texas, and With reasonable consideration, among ot:-,er things for the character of the district c.nd for Its peculiar suitability or particular usas, and with a view to conserving :he value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. Z-1642/LARRY SATELL/PAGE 2 SRCTION I In ce and W That this aftordiance egaelandes proval11 therrequlrad eublio Immediately SS p onin hearings having heratocor t oot% h ~d by he Plo£~~Dentona TexasB the City Commission and the City after giving due notice thereof. PASSED ANA APPROVED this the day of March, 1984. CITY OF DENTON, TE:SA5 ATTEST; L'i~iLRL ° , `C2T4'rt"ECTtEi~AY CITY OF DOTON, TEXAS APPROVED AS TO LEGAL FORMI C, J,•TAYLOR, JR „ CITY ATTORNEY CITY OF DENTON$ TEXAS BY; Z-1b42/LARRY SATELL/PAGE 3 .Iw•Ia MY1y•MI1~rew• 1r ~1 1117 MyM Y•FIr«IM yrrlr lYrN VI .Ti y1~bIi..Iiwlr~ai11. 4n 1_.w•i1r N :w'IayC "..`.'l l'•Y 1. 111. ..1•«Ir Y~ 4. rw rr• I ♦ rr•Iwr Yrlwrl, w~.•wr•rrur. rrr.Iw. .1Y11 T.w + CAww wri ^"'w.r .l,rrra.. N. jI°~ ~~•I~Mrw•rl.. 1+•«~~ .r 1.. x11..1 ' «'II,S' III ITN M~ Y 11.1 «•1 Ynll Y • 1~r T Tr1 \ wl,lr r,~4 It}I l ;I,t ! rll' \ 11 I ~ III III 1 I~ ~1• / I pl 1 II I;">' p 1.114'11• ! SIC t. III H' \ 111 \~.r,~• f 1 1't TOYOOR4PHY SURVEY of a Ufll aMt rllatl fn W4[1 • •¢1 a tetlx 1V4vty, 1• Sta. fR ••t% i tOV414, It7a4. ,va . •rl Italy, 11 .44 .1 rent Iew4t la a.. itl ILIt (a t-thl JJ.JIJ lt~!'d Ylt VIa114 I1•IN( fa aw u ~ MI M•1 1 1~rr rv Y 1 W, CHEEK SURVEY A-324 N 4 N I •11'"II' IP 11 ~ IIP•l'll'. 1111 1 . sru lnr.,YUnrn w.'r YCUGH s11a\'Cl' 1.441 I_...~:~++. ~..i•.'.rll Ij , n,I u.•1Y•11 ,.......u.. N..!.1 I J gLM1tI N.NU e,~1M gbM1t1 M111, 4111,1 n,r I,MI - 1"N-- Nu•M{dHIHL•.all gMdl '/'"1~ IN • I PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL MEETING DATES March 13, 198+ SUBJEC'1't Petition of Mr. M. D. Rike requesting a variance of Land Development Code requiring the extension of water and sewer mains and one half of Houston Place across the entire frontage of a parcel 94,8 x 146,7 in size, (V-1) SUMRARYs This is a 94,8' x 146.7' (13,907.16 square feet) lot located adjacent and west of 2322 13ouston Place, approximately 400 feet west of Thomas Street. If the above variance requests are approved no public street and the extension of an existing 6" water and 611 sower shall be required in conjunction with construction of a single family residence, Article III, Paragraph 4.09, subparagraph A, of the Subdivision Regulations and Land Develop- ment Code provides that all developments are required to extend water and sewer facilities across the full width of the development lot in such an alignment that it can be extended to the next property in accordance with the master and sower plans of the city, Article III, Paragraph 4,03, subparagraph D, provides that the proposed street system shall extend local access streets as may be desirable for public safety and convenience of circulation. It is a standard policy that streets be extended across the full width of a lot proposed for development. Chapter III of the Denton Development Code prescribes procedures for variance of any general requirements, The Planning and Zoning Commission may grant variations or modifica- tions when, in its judgement, special or peculiar factors and conditions warrant such var-1 ations any. do not affect the general application or spirit of the rules and regulations, or the master plan of the city. The attached procedures and information extracted directly from the development code clearly outlines the conditions that must be satisfied if the vari.ation City Council Back-Up Summary Sl3eot March 13, 198+ M, D. Rike Pago 2 SUMMARY' continued or modification is to be granted. A dotermi.- nation to chant a varianco must be made by a majority of affirmative votes Of the Planning and Zoning Collnmission. Denial of a variance shall be final unless appealed to the city Council f.os: a final decision. Adjacent property owners are notified of the variance request ten (10) days in advance of a required Planning and Zoning Commission public hearing. The Planning and Zoning Commission denied this request at its meeting of November 30, 1983Qa1 The applicant requested quested the opportunity to app City Council. DE:VLLOPbIEN`i' RLVI' W The Development. Review CCon s Committee i e ed a COMMITTEE COMME;N'r5: proposed preliminary plat variation of the normal water and sewer and street extension requirements and is of the Opinion that plans for utility services are adequate from a technical and service availability standpoint. Property on the opposite side of the tract in question presently has frontage and public access to West Oak Street. A single family residence would have little or no signi- ficant impact oil capacity of existing public facilities and the character of the area. Staff is principally concerned with potential precedent that may be set if the variance is approved. ACTION RLQUIRLD; Approve or deny the variance request and take subsequent appropriate action on the preliminary plat of the Houston Place Addition. RECOMMENDATION: The Planning and Zoning Commission recommends denial of the variance. ALTLRNA'i'IVLS: 1. Approve or deny both variance requests, 2. Approve request for variance of utility requirements and deny street request. 3. Approve request for variance of street requirements and deny utility request, ATTACHMENTS: 1. Reduced proli.minary plat 2. Development Review Committee minutes of November 11 1983 and November 8, 3. Correspondence from consulting engineer. 4. Planning and Zoning Commission minutes Of November 30, 1983 meeting. J.", " ~ly6-A Davie] Ellison, Development Review Planner i ~ .I~.ww+~+~i ww~++~w ~.w+~w~r~r n~w~w~e~ w~~l. ..i~ - i 1 5~ .q \ CA~gXi bL) R`"'\ E \U INN r A Vol 4"14 0.331 NN, LOT I 5LOCK I _.......t^7 4E - CYO' I' rl' r' r INN~ I ° } s Nnus oN ~'c act > rr:-. )~«~,rs~ - so'r.w\ .00 vjr U'Y rf 0.4 'CO -OPQG.YiPMICA! > ~.17l.'±!+!• f; P_A. 'y1y, '174 U't k! 7A "Cle 41 le..' I~ V b L .i \\r Y.~~J LOCATiOW MAP ' -a-r I OCT~BH't 7,l+1H3 1 w„ 0 IAC 1 °_4 HOUSTON PLACE ADDITION LOT I BLOCK I p ! 7r Af CGi N 'wE Ev'.1ChC r'L ''n:LL SK: b•Udvf r A 404 ' :JN : 1 C.'; I;Tr' if oC IICU IJ. 1g,Y,AS OELIVRRHO OCT 1 9 iW ' t n ' Minutes Development Review Committee November 1, 1983 DRC Members Presents Jerry Clark, 3a0kie,poyle, David Ellison, Tim Fisher, Bob Hageman, Wayne Horsley, Ken Lamberson, Don McLaughlin, Pablo Rubio, Denise Spivey, and Tommy Stcne, Engineer Presents Greg Edwards II, Review of preliminary plat of Houston Plsee Addition A, Engineering 1, Drainage calculations acceptable, 2, Regarding request for pavement waiver it would be better for the City to cul-de-sac this dead-end street or if not possible to install barricades, The rest of the area could be quitclaimed, Need following preliminary plat requirements; a, Scale b, Are there any easements? o. All zoning districts in and around property, d. Check if r,o.w, is existing and how far it extends, 4. Fire truck access needs to be adequate (within 150' of structure), B. Water and Sewer 1, It is the developer's responsibility to locate the end of the existing 6" sewer on Houston Place and extend a 6" line as shown on this plat - including a clean-out. Developer shall have this work done by an approved contractor subject to city inspection, Sewer tap can be made by contractor, 2. Existing water line can be tapped to service line brought to property line, +,er will be set. at location shown for water service on plat. Tap fees for water are applicable, Mi.nu~ea Development Review Committee Houston Place Addition November 1, 1983 Page 2 C, 'Electric Service available, D. Bu O ding Inspection Preliminary plat acoeptable, E, Transportation Engineering No representative from this department was present, F. Fire Need additional information before determining whether plan for access is acceptable for fire protection purposes, See Uniform Fire Code, Section 13,208 for access regulations, 2. Deed all weather access to handle truck load, Structure must be within 150' of access, 3. Show where house will sit on lot, G. Parks and Recreation No representative from this department was present, H, Lone Star Gas Gas is available but must be extended to property line, service available, J. Cox Cable Service available, K, Planning and Community Development 1, Staff will provide a recommendation on requested waivers but decision will be made by Planning and `boning Commission, Minutes Aove,lopment Review Committee Houston Place Addition November 11 1963 Pago 3 'rho owner is requesting a variance of general requirements of the subdivision rOgbeafollowudhere- fore, the following p The owner of any tract of land aggrieved under these regulations snall apply to the Planning asuch nd Zapplgca- Commission for a hardship vorience. On On be notified tion all adjacent property ten (10) days in advance of the scheduled hearing for variance request. Upon Commission shall make aedetermina- Planning and Zoning tion, A determination to grant a variance must be made by a majority of affirmative votes of the plan ning and Zoning Commission Denial of a.variance shall be final unless appealed to the City Council for final decision. 00108 aa/5&6,7 FSinutes Development Review committee November 8, 1983 Jerry Clark, Jackie Doyle, David 1'Ili90110 I)RC clambers Present! w1~orry Horsley, Don Mel,aughlin, Denise Spivey) Tommy Stone, Tim Fisher, Bob Hageman, Harlan Jefferson and Pablo Rubio Greg Edwards Engineer Present! I1[.Revie~4 of Preliminary plat of Houston Place Addition A. Engineering please refer to earlier comments regarding street. B. Water and Sewer Preliminary plat is acceptable - please refer to earlier comments. C, F;lectric Preliminary plat is acceptable. D. Building Inspection preliminary plat is acceptable. E. Transportation Engineering No representative from this department waa present. F. Fire Please refer to comments of November 1, 1983. C, Parks ar,d Recreation No represettitative from this department was present. H. Lone Star Gas preliminary plat is acceptable. I. G.T.1:. Preliminary plat is acceptable. Minutes Development Review Committee Houston Place Addition November 8, 1983 Page 2 J. Cox Cable \o representative from this department was present, K. Planning and Community Development Developer must seex a variance of the requirement that all residential lots shall have 60 feet of frontage on a dedicated, improved street from the Planning and Zoning Commission before the plat can be processed, Please contact David Ellison for meeting scheduling information. . l SCHOELL, FIELDS & ASSOCIATES, INC, MIL1,1AM 0 SCHOEIt. PA ENGINEERS ANCD SURVEYORS DEWEY E. F IEM AT.S 1214 FORT WORTH DRIVE s DENTON. TEXAS 76201 16 171 38314 16. 36704214 OETRO 430 1692 • GAINESVILLE 668.8971 1 October 18, 1983. City of Denton Attn: David Ellison 215 E.. McKinney Denton, Texas X6201 Re.: Houston Place Addition Dear David Ellison: Enclosed is the preliminary plat of Houston Place Addition. This lot is unusual in that it is surrounded by fully-de- veloped lots. Street, sanitary sewer and watermain exten- tions would.serve only this property and would not appear to facilitate further development, The owners have pur- chased the property to build a home for their retirement and have asked ues to try to keep development costs at a minimum. I feel this is a unique situation and am there- fore asking for several variences to the subdivision ordi- nance,. This lot is located at the end of a dead end street (Hou- ston Place), Existing Residential lots are to the east fronting on Houstoii Place, while existing residential lots 'facing Bonnie Brae are to the west, The lot to the south has street frontage on Oak Street and the current ozaner has built a tennis court next to the Houston Place right- o£-way. Since Cite extention of Houston Place would requ4re purchase of right-of-way and relocation of existing residen- tial uses on Bonnie Brae I do not feel. that this connection is a realistic assumption for planning improvements for this lot. Since the proposed driveway facility would adequately serve the proposed residential use, and the possibility of added City cost are remote, I feel that this tract fully meets the requirements for waiver of pavement improvement under the perimeter street paving policy, and would request that extention of half width pavement of Houston Place be deleted by City Council from the development requirements. It is my belief that th!,s lot is the only lot which would beni.fiit from water (rnd sewer extention. I feel it is very unlikely that the City would be able to loop the existing 6" watermain in Houston Place within the foreseeable future, Our 'proposal is to make only the main end service line extentions necessary to serve the proposed lot so that development costs can be held low. As proposed the current pattern of runoff will remain unchanged with most of the flow turning south at the west end of the tennis court on Houston Place and apparently making its way to Oak Street, The attached drainage calculations indicated that concentrations of flow do not exceed street flow capacities, and the need for additional drainage improvements is not indicated, 4~.ith submission of the preliminary plat we are requesting waiver of the perimeter sheet paving and asking to limit the extention of the watermain as outlined above, Please callif you have any questions. Thanks, Greg, Y dwards GE/bd P & Z Minutes November 30, 1983 Page 10 Mr, Mor an said he would go along with 61000 square foot lots au~ would prefer that t:he commission table his request at this time and the would change lot sizes and street extension and clear up the drainage situation and come back as soon as possible. Public hearing closed. Mr. Escue made a motion to table Z-1623, seconded by Ms, Cole. Motion unanimously carried 6-0. Charles Watkins returned at this time, E, rThis is the petition of Mr. M, D, Rike requesting a variance of City of Denton Land Development Code requiring the extension and improvement of one half of Houston Place and the extension of public water and sewer mains across the full length of a tract approxi- mately 94.8'x146.7' in size. The tract begins ad.jaeent and west of 2322 Houston Place and approximately 00 feet west of Thomas Street. {ranting the variance will authorize approval of a preliminary plat which proposes a cut-de-sac at the west termination point of Houston Place and extension of a 6" water and 6" sanitary sewer for a distance short of the full lot width, The property is zoned single family (SF-7) and single family detached development is proposed, thy, Ellison explained that ten (10) notices were mailed to property owners within 200 feet, zero i(0) reply- forms were returned in favor, one (1) reply opposed. Dewey fields, engineer on the project, explained that Mr. Rike had bought.' this property for a retirement home, the land is developed all around and he feels this variance request should be granted, Marvin Morgan, owns land adjacent and south of the subject property, stated he didn't feel like the petitioner should have to put in the cul-de-sac as he only wants to build a home and it would be of no benefit. Tom Fouts (for Dr. Silvey, a property owner on the west side) stated he also does not wait a cul-de-sac. Mr, Ellison stated that granting a variance such as this one could set a precedence if approved. Public bearing closed, Mr, Escue made a motion to recommend denial of the variance request, seconded by Mr. Sidor. Motion carried 64. CITY COUNCIL AGENDA BACK-UP SUHKARY SHMET MEETING DATE: March 13, 1984 SUBJECT: This is a public hearing concerning the proposed annexation of approximately 25.99 acres of land located east of the existing city limits along Highway 377, south of Brush Creek Road (Z-1641), SUMMARY: A 53 acre estate subdivision along the east side of Highway 377 on the south side of Brush Creek Road is currently being subdivided. Approximately 25.99 acres of the subdivision is located outside the existing city limit. The tract of land is being divided into approximately 45 lots at least one acre in size for single family residential development. The developers plan to tie into the Argyle water system but will install the waterlines and fire hydrants to City of Denton standards. Sewer service is to be by individual septic systems, The internal street system will t,e built in accordance with City of Denton standards for estate subdivisions and the developer will be responsible for improvements to the frontage on Brush Creek Road, Additionally, sufficient right-of-way is being dedicated along Brush Creek Road to accomodate Loop 286. The existing zoning for that portion of the subdivision already in the City is agricul- tural (A) classification which permits single family residential development on lots of at least one acre in size. Annexation of that portion of the subdivision currently outside the city limits will help to ensure that the entire subdivision is developed in accordance with the city standards and in a consistent manner. The City will be responsible for providing services to approximately 26 of the lots proposed in this subdivision which is already in the city limits. Annexation will require provision of services to approximately 19 additional lots. ACTION REQUIRED: Hold a public hearing; no other action is required at this time. Z-1641 Back-up Summary Sheet Page Two ALTERNATIVES; 1. Hold a public hearing 2. Move to continue the annexation process 3. Move to discontinue the annexation process 4. Move to institute disannexation proceed- ings on that portion of the subdivision currently in the city limits. SOURCE OF FUNDS; Department budgets RECOMMENDATION; The Planning and Community Development Depart- ment recommends approval of annexation. The Planning and Zoning commission will make a recommendation to the City Council at their meeting of March 14, 1984, EXHIBITS: 1. Map 2. Service plan Charles S, Watkins Senior Planner U292g v _ _illf I • I~l~ ' ~ i•.•~Inr•C DIY Of Rd ,1. 10 ~ ' 0 0 11 J - d 0 iP c,K eFA rr ~LGaj • d. ~ . ~ 1515 . ' t- S~rLA •Ndr )R~ ! - lN`4r 8 23 r' Poster Q-\I b Coe I • '°."iiir.'' 0;4 06 ii ;yJ~p C0mm u I i S 'ii::: CoM• Ill. ' GQ ~Odr~O~ 14 rib Rd 2449 d • t ' f7.:: a +r' Y Yl \ ~ • ~ ~ O • t_~ ~ POCkru R cX : • • rLone c i • i \ . Rren d . • r'T a F: w . ar s; ' 'R low to d 7 CORlNTH.. d 3T7 r POP~I VAW fck0 y '~c r4sIt Re• • rid S( ILOT KNOB Op.: illrrtel~ iCKak • • L~i4wiVn A dB' t Johnson n i ` 'O' • 4 /Old 13 / - _ v 8.6 raw >•d o it, , _ 218+ x ~4-7 off • r• • • • tt__ s s I Q'iA5 '1 l a S • AS• Hic skor W1 ft ! Id Jus11n 6. ti J c Hle r ' H f • •Rd • 1 v 0 lot L. _ °a • • v 'm UUViS•Rd•~` M i • a• • i Chld {,=Hllf Lan y Cam. ,i. rA5 ui k 3.0 t { 4C1 merit -Town Rd a ' . Oar ,,c S'Oner ftrdq( Ad. a . l y~ .Defer R,! i5.iel•r Rd' v _1-_a_..tie . , • u r . . • . 54g7pNVit.1.E r x o t~ ttr Rd kA V-.AMI. or- V. i ~Il❑11 r/ ~ ~ / ~f ~ i•~. .YIY, Ytt..l~ ~ ~ U • • F E~ ..--V L L a a • . • •1.~•R L-~'- PLAN OF SERVICE FOR ANA'EXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS Section 1, Pursuant to the provisions of Article 070a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will. be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing; city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D, Sewer (1) Properties in the annexed areas will be connected to serer lines in accordance with article 4.119 of appendix A of the code of the City of Uenton. Texas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will b'e extended to the annexed area within one month after the effective date of annexation, Service Plan Annoxed Areas Page two r, streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as i,n the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, G. Inspection Services (1) Any inspection services now provided by the city (building, e)ectrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation :Irea on the effective date of annexation, }i, planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area, I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J, Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc,, on the effec- tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, l.lectric Distribution (1) The city recommends t,ie use of Ciiy of Denton for electric power, Sorvice Plan Annexed Areas Pago three L, Miscellaneous (1) Street name signs whore needed will be installed within approximately 6 months after the effective (late of annexation, 11. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or tPchnical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics, The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation, In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. CITY COUNCIL AGENDA RACK -UP SUM -MY BHEET MEETING DATE! March 130 1984 SUBJECT; This is a public hearing concerning the proposed annexation of approximately 75.21 acres of land located west of Interstate 35W and north of Corbin Road, (Z-1645), SUMMARY; This tract belongs to Mr, James Mason and is proposed for annexation at Mr, Mason's request, No development is proposed on this vacant tract of land at this time. The northern portion of Mr, Mason's 1,ract has access to the Interstate 35W service road and is served by Corbin Road on the south, The Hickory Creek sewerline runs through this property and light industrial land uses are located north of this tract. ACTION REQUIRED: Hold a public hearing ALTERNATIVES: 1. Hold a public hearing 2. Move to continue the annexation process 3. Move to discontinue the annexation procese RECOMMENDATION: The Planning and Community Development Depart- ment recommends approval of the annexation of this tract of land. The Planning and Zoning Commission will make a recommendation to the City Council concerning the annexation of this tract at their meeting of March 14, 1084. EXHIBITS: 1, Map 2. Service plan C~ia~es 5, IdatTcins Senior Planner 02929 ti ~ ,ice ~ ~ ~ !1 ~ ~ + w ~ 1. I ti 11 } ~ r ♦ i 1 ' jj • l i ,I.y 1.-.~+~.+ 1 , ~ 1 S• r L I 1 S -4\4 y''f' w 1. ~ p Z-1845 SPRINGSIDE R i r. j,,,yti 1 7Y~ I . i` 1 it ` 1 11. • :.1 G y 1 •Ir' : 1~ t` I PLAN OF SERVICE FOR ANA'EXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 070a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON', TEXAS; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; I. Basic Service Plan A. Police (1) Patrolling, radio :responses to calls, and other routine police services, using present personnel and equipment, w0l be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix .4 of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas wvill be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, 'T'exas, E, Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Se rvi.;e Platt Annexed Areas page two F, Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation, (2) Routine maintenance annexedsareatton will present city, , the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage .facilities, construction of curbs and gutters, and other such major improvements, under 11 the by estlabligoverning as the I will d be therefore accomplished determined body policies of the city, G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, H, Planning and Zoning (1) The Planning and Zoning jurisdiction of the cite will extend to the annexed area on 'the effective date of annexation, City planning will thereafter encompass the annexed area. T, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K, Electric Distribution (1) The city recommends the'use of City of Denton for electric power, Service Plan Annexed Areas Page three L. hlisceIlanecus (1) Street name signs where needed %rill be installed within M)IzOxinlately d months after the effective date of annexation, II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) Impact on overall city economics, The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new C-11) planning year the annexation area will be Judged accordingly to the same established criteria as all other areas of the city. NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE O~ ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATiLY 78.112 ACRES OF LAND OUT OF THE BENJAMIN LEWIS SURVEY, ABSTRACT NO, 769, AND THE JEREMIAH FISHER SURVEY, ABSTRACT NO. 421, DENTON COUNTY, TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS1 SECTION I. The Zoning Classification and Use designation of the follow- ing described property, to-w£ti Being all that certain tract or parcel of land situated in the Benjamin Lewis Survey, Abstract No, 769, and the Jeremiah Fisher Survey, Abstract No. 421, Denton County, Texas, being part of a called 78.112 acre tract described in a deed from Henry97S. Miller Realty Trust to L. R. Herkimer on December 27, 11 , recorded in Volume 980, Page 889, Deed Records of said County, and being more particularly described as follows; BEGINNING at an iron rod at a fence corner at the southeast corner of said Lewis Survey, and the southeast corner of said Herkimer tract; THENCE north 88°49' west with the south line of said survey a distance of 603,5 feet to a steel post in concrete; THENCE north 1°49'42" east 981.81 feet to a steel post in concrete; THENCE north 88°43'52" west 387,89 feet to a steel post in concrete; THENCE south 14°11'05" west 309,30 feet to a steel post in concrete; THENCE south 72°37' west a distance of 555.13 feet to an iron rod at the southeast corner of a 0,5 acre tract described in a deed from L, R.. Herkimer to General Telephone Company of the Southwest on February 26, 1982, recorded in Volume 1130, Page 571, Deed Records; THE14CE north 17°23' west a distance of 71,97 feet to an iron pin; THENCE south 72°37' west a distance of 313.16 feet to an iron rod on the east right of way of Farm Market Road 2181; THENCE north 33°43' west with said right of way 15.66 feet to a wood right of way post at the beginning of a curve; THENCE northwesterly with said right of way around o curve to the right having .a central an%le of 14o12'54", a radius of 2805.1 feet, a chord of north 26 05'57" west 694.16 feat, and an arc length of 695.95 feet to a wood right of way post; THENCE north 18°51'15" west with said right of way 377.67 feet to a fence corner; Z-1634/WALTER H. DeRONDE/PACE 1 THENCE south 88°58' east with a fence 797.6 feet to an iron rod; Fisher Surveys with feetnto an fence corner etwaen said LewisE anorth to a fence THENCE on south he 8east 1 boundary lineh of said e Le15M9 foot wis Survey; corner south 1°44'39" west with an old fence on said surveyy line 2265 50 feat to the place of beginning and containing in all 77,600 acres, Us• hereby lanned changed i"PlDtu District District Classific Cion andtUse under the Comprehensive Zoning Ordinance of the City of Denton, Texas with the following conditions and specifications: 1. Specific site plan ap roval is required for the portion of medium the density multi- residel/ntialisections servic, family restricted directly north of the fourplex use, 2. Final utility layout, street alignment, curb out and driveway location and overall plans for access shall be determined during the site plan approval and/or plat processing stage; no driveways or curb cuts shall be permitted on FM 2181. 3. A twenty-five (25) foot setback along the FM 2181 frontage for the office/retail and neighborhood service uses shall be required. This area shall be landscaped and used as greenspace. No parking shall be allowed in this area. antwo (2) stories 4. or There buildings ein a maximum the office/retail of d neighborhood service sections, 5. There ha in be a the moffice/retail (and detached signs service sections. The height and location of these signs will be determined during site plan approval. 6. No portable signs shall be allowed in any areas of this development. 7. The proposed thirty (30) foot greenbelt shall be extended along the northern boundary of the medium density residential section to the first proposed collector street. 8. An adequate screening device shall be constructed along the northern boundary of the medium density residential section between the proposed first and second collector streets. 9. The development shall conform with the approved PD concept plan, 10. Right-of-way consistent with Highway Department begdedicated ondtherpreliminaryoandufinal tplat shall 11. If 25 percent of the devel,opmeat, with a minimum of 5 percent single family, is not developed wirhin five (5) years, zoning will revert to its previous agricultural (A) classification. Z-1634/WALTER H. DeRONDWAGR 2 The Zoning Map of the City of Denton, Texas, adopted the 14.th day of January, 1969, as an Appendix to the Code of Winanoss of the City of Denton, Texas, under Ordinance No. 1, bo, and the same is hereby amended to show such change is Ditriot Classification and Use subject to the above conditions and specifications. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such chrxnge is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton Texas, and with reasonable consideration, among other things tor the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That thin ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. I PASSED AND APPROVED this the day of March, 1984. ` RICM 0. STEWART, KAYO CITY OF DENTON, TMAS ATTEST; CITY OF DENTON, TE.'(AS APPROVED AS TO LEGAL FORME C. J. TAYLOR, JR., CITY ATTORNEY CITY OF D£NTON, TEUS. BY;L~ i~ 1 Z-1634/WALTER H. DeRONDE/PAGE 3 hlrl 111Y1 '1 Ill,iJ /1 Y~...-~.y~r--•-•-~ L~ ~ rl ' f ~ ~ nA i 1 IIo.i:~. I ^4 I j + Y' _fIJ 1 7' if ~t,N,~,t ,I I 1 "'r l ,'11111Y 11 \ ' •i~},i jl 1'Ir. r% A.4I itU U ,rM I~t'i,; ; j1;• l`1\I` 1`I ' q / r1 ~3 T/ 6\ Io '1, 1 ,llJl I1 II S.f 1 r tIA. 11„ ,1.- r t /11 I I r I~~ I U I , 12 P. 11A ~ 'u /i 'z, \lr Ily , l 1 1 1 I l'11 I ~1 ~C1~'il.~'~.. ~l i, !',.'1~~11., ,€1 1VWA t J y;J' { { I I /I Il J h1w.. 11u .V~ r r y I 1 ,",IY n 1_•,Igv Iy l 11 1 1 r ir..YU f .,u vll, I, r:"~ 1 \ 1 I 11 / r is ~I. .rn Y,( fl~1VF V11 00 j.f 41x1 ..A Af ' ~ ' / -'•b a 'rl Ai, H III i NJY(n166t I~A/1 da lY:r IMIR W.PWJ Jr illl ~ ~ I 1 /1 14 I ).11 h1♦ n[/IS C.rry4/oafr N, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE tw) $66.8200 M E M O R A N D U M TO: Rick Svehla, Assistant City Manager FROM: Jerry Clark, Senior Civil Engineer DATE: February 28, 1984 RE: Revision-Subdivision Regulations Ordinance 083-70 Please include this ordinance revision on the council agenda for March 13. The Planning and Zoning Commission approved it on February 8, 1984. Section I - One change involves keeping the actual filing of plats as the responsibility of our division. This insures consistent filing of all plats as a different person doesn't process each time. Section II - The second change is clearing up a vague description of what each plat should be referenced to a right-of-way pin at an intersection provides a solid reference while also allowing easy location of that tract from the referenced City street. Section III - City participation in extra width or depth pavements now requires the developer to bid the work through the Purchasing department each time. Our proposal would allow the City to use fair market prices once properly established for a full 6 months. This will reduce or eliminate legal problems that arise when developers forget to bid their projects through the City or just want to use their favorite contractor, All prices are based on comparable work. John Marshall and I developed the procedure. page 2 page 2 Section IV - Driveway culverts currently have no regulations, The enclosed sootion lives a general standard that should protect the City from ]awsuits arising from cars running into blunt ended culverts. This revision is in accordance with TDH 4 PT policies. The above are basic explanations for the ordinance revision. Please advise if any further information is needed. Please send this to engineers effected by the changes. J r y 1 rk S o C it Engineer 'P & Z Minutes February 8, 1944 w Page 10 D. Consider an ordinance amending Appendix A to the Code of Ordinances of the City-of Denton, Texas, known and cited as the Denton Development Code, by amending Article II, Chapter II, Article 2.03, relating to completion of filing process for final plats; amending Article III, Chapter III, Article 3.06, Paragraph H, Subparagraph (2) (c), relating to references on lot of record map; amending Article III, Chapter IV, Article 4.03, paragraph (C), relating to method of obtaining market prices for City participation in street costs; amending Article III, Chapter IV, Article 4,15, Paragraph (b), subparagraphs (3) and (4), relating to per- missible water spread limits and street cross flow for residential and collector streets; amending Article III, paragraph IV, Article 4,15 by adding a new paragraph (G) thereto, relating to standards for end sections to drive- way culverts; and declaring an effective date, Mr. LaForte asked for comments from the public seating, Brian Burke (Burke Engineering) came forward and stated tie felt that in Section IV the 3' change is pretty restric- tive, the 6" is much more realistic, Greg Edwards (Fields, Edwards Engineering) stated the reduction to 3" would be much too costly to the developers to conform to this requirement. Pablo Rubio explained the curb depth at present is 611, he continued to explain the difference between having water running 4" (present maximum allowed in subdivision regulations) over the top of the curb and 2" over the top of the curb (proposed change). He stated that the force of water could present a traffic safety problem. He had a capacity chart which he explained to the commissioners with regard to the water flow and force on the street as it rushes downwards at different levels of depth at the curb stating he felt this is a necessary change. Mr, Pearson suggested he would like to see a study of the increase in costs to the developers. Dewey Fields (Engineer) stated this type of change would make new development in Denton very costly to the developers and they might consider development elsewhere, Nr. LaForte requested that staff put together a study of the increase in costs to meet the proposed standards for the commission to consider as Mr. Pearson suggested. Mr. Rubio continued to explain the other sections which the Engineeringg Department is requesting to be revised in Ordinance (183-70, No questions or comments were directed to Mr. Rubio with IeQaa~rq t-,- 01 , P & z Minutes February 8, 1984 Page 11 Mr, Juren made a motion to recommend denial of the Section IV request, tor, Pearson secondod. Mr, Claiborne made a motion to amend only Section IV, Mr, Juren seconded. Vote was called, motion carried 6-0, Further discussion by commissioners as to the necessary motion required, Mr. Juren made a motion to recommend approval of the re uested Revisions of SubdL ision Regulations Ordinance #83-70 with the exception of amending Article III, Chapter IV, Article 4,15, Paragraph (6), subparagraphs (3) and (4), relating to permissa le water spread limits and street cross flow for residential and collector streets, seconded by Mr. Pearson, Mr. Sidor moved to amend the motion to table the request, Amendment died for lack of a second. Vote was called, motion carried 6-0. E. Consider creation of a sign code board. Mr. LaForte commented there should be some considerations to allow the public to offer some input. His opinion would be to recommend to the City Council to set up a sign code board but first discuss procedurc of a sign code board and receive input from some of the industry. Mr. Claiborne mentioned he also would like to have input from the sign industry. Mr. Sidor commented he is not sure a person in the sign industry would have the citys' best interest at heart in setting up a sign ordinance, Staff was requested to return some input for a sign code board from people in the sign industry and business people in the community, 1 1 ' P & Z Minutes February 8, 1984 Page 12 E. Consider scheduling a workshop prior to the regular Planning and Zoning Commission meetings. Mr. Claiborne commented he felt a workshop before the meetings could be very beneficial to the commissioners to clear away problems and review any late material they need to see before the case is heard. Mr. LaF.,.-te commented he felt this would probably prolong the meetingg and usually such items would have to be discussed in the public hearing anyway. Mr. Claiborne made a motion to approve a workshop to be scheduled before the regular meetings, seconded by Mr. Pearson, motion failed 2-4 (Pearson and Claiborne . F. New Business No new business. Meeting adjourned 8:50 p.m. AN ORDINANCE ANENDINO APPENDIX A TO THE CODE OF ORDINANCES OF AND DDEVELOPM T FCODE,, SY, AMTEXAS, ENDING ~A.RTWICLE 11,CICHAPTER ITHE s ARTICLE 2.03 RELATING TO COMPLETION OF FILING PROCESS FOR FINAL PLATS; AMENDING ARTICLE III, CHARTER 111, ARTICLE 3.06, PARAGRAPH S, SUBPARAGRAPH (2)(c) RELATING TO REFERENCES ON LOT OF RECORD MAP; AMENDING ARTICLE III, CHAPTER IV ARTICLE 4.03, PARAGRAPH (C) RELATING TO ME'T'HOD OF OBTAZNIh0 MARKET PRICES FOR CITY PARTICIPgTION IN STREET COSTS; AMENDING ARTICLE III, CHAPTER IV, ARTICLE 4.15, PARAGRAPH (B), SUBPARAGRAPHS (3) AND (4) RELATING TO PERMISSIBLE WATER SPREAD LIMITS AND STREET CROSS FLOW FOR RESIDENTIAL AND COLLECTOR STREETS; AMENDING ARTICCLE It PARAGRAPH IV4 ARTICLE 4.15 $Y ADDING A NEW PARAGRAPH (G) THERE? PM ATINO TO STANDARDS FOR END SECTIONS TO DRIVEWAY CULVERTS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIM SECTION 1. That Appendix A, Article 11, Chapter 11, Article 2.03 of the Code of Ordinances of the City of Denton, Texas, heretofore effective, is hereby amended to horaaftw read as follpwsi "Art. 2.03, Filing of plat. After approval of the final plat by the planning and zoning commission as outlined in Article 111 Chaptar III, the developer or his engineer shall submit to the planning and community development department the required number of copies for filing with the county clerk. These copies shall bear all signatures but those of the city officials. After signature by these city officials, the City Engineer must complete the filing process and return the required number of filed copies ro the planning and community development department. Said copies shall show the volume and page of the map and plat records into which tt,a plat was filed by the county clerk," SECTION 11. That Appendix A, Article III, Chapter 111, Article 3.06, Paragraph (2), Subparagraph (2)(c) of the Code of Ordinances of the City of Denton, Texas, heretofore effective, is hereby amended to hereafter read as follows; "(2)(0) Primary control points or descriptions and ties to such control points to which dimensions, an leap hearings and similar data shall be referred, At Least one corner shall be tied by course and distance to a corner in a recorded subdivision or to a right-of-way pin at an Lntersection. A note describing the corner marker should be included," PACE ONE SECTION-III. That Appendix A, Article III, Chapter IV, Article 4.03, Paragraph (C) of the Code of Ordinances of the City of Denton, Texas, heretofore offective, is hereby amended to hereafter read as follows: "(C) Street Costs and City Participation. The owner shall be responsible and pay all costs for the design and construction of all streets within his development except streets over thirty-four (34) feet or over five (S) inches in depth ae required by the City below. The developer shall buiJ.d those streets in accordance with city standards. The city will participate in the paving costs (subject to funds available and approval of city council) only on street-paving costs above a thirty-four foot pavement section or over five inches in depth on streets required by the city, above and beyond the traffic needs of the proposed developmeat, For paving projects involving city participation, the project price shall be determined by the lowest and beat bid received by the city at six month intervals which is representative of market value on a project involving city participation. Should the developer elect to publicly bid the project and receive a lower and better bid, then such bid shall determine the project price. In the event that the bid utilized by the City from a project during the preceding six' months is not reppresentative of market value on the particular project bein proposed and the developer has not received a bid representative of such market value, than bids from other comparable projects may be utilized until an acceptable project price based upon fair market value is achieved,' SECTION IV, That Appendix A, Article III, Paragraph IV, Article 4,13 of the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding a new Paragraph (G) thereto, which shall hereafter read as followsi (G) Drivevay Culverts (1) The following specifications are required for the construction and installation of driveway culverts; (a) All pipe shall be properly sized and in accordance with permits obtained through the City Building Inspection Division; (b) All pipe shall be approved classes of reinforced concrete pipe (:c,C.P.) or, corrugated metal pipe (C.M.P.)o PAGE TWO i (c) All pipe shall be jointed together properly (Ram-Nek or Talco for R.C.P, and approved metal bands for and (d) All pipe shall be Inspected during Installa- tion by the Public Works Department. (2) rho safety standards for ends to driveway culverts adopted by'the Texas Highway Depart- ment and on file in the Office of the City Engineer, are hereby adopted by reference to the following extent: (a) Culverts of twenty-one (21) inches in size or larger shall have 6:1 safety end sections. The ground around the upstream and section shall be graded to match the 6:1 slope; the ground around the downstream and soction shall be graded to a 4:1 slope. (b) Culverts lee than twenty ono (21) inches in size shad have Typo 8 eud sections (Texas Highway Department Drawing CH-11)." SECTION y. That this ordinance shall be effective immediately after its date of passage and approval. PASSED AND APPROVED by the City Council on the day of 1984. CITY OF DENTON, TEXAS ATTEST: CITY OF ht;TON,,TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE THREE March 13, 1984 CITY COUNCIL AGENDA ITEM SUBJECT: Consider amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas, Providing new Water and Sewer Tapping fees for Water and sewer Service; Repealing conflicting Ordinance; Providing a Severability Clause,and Declaring an Effective Date, SUMMARY; Since this ordinance was last revised, the cost of piping materials and labor has exceeded the City fern by at least +10%. The Utility Depdr=eut must receive sufficient tap fees to valance Lap expenditures. AsptfalL, concrete and other materials associated with Lhis work have d'so increased at least 20%. Ttte comparison of existing t.nd proposed fees are listed on Exnibit 1. FISCAL SUMMARY: See attached Exhibit 11. ACTION REQUIRED: Approve, disapprove or modify, RECOMMENDATION: The Public Utilities Board, at their meeting of February 29, 1984, recommended to the City Council approval of the proposed ordinance revision. RespecL•fullyj, lt. E. Nelson Director of Utilities EXHIBIT 1 Comparison of Existing N Proposed Fees 11 Fiscal summary III Existing Ordinance IV Proposed Ordinance I f 2851U-3 EXHIBIT 1 COMPARISON OF EXISTING TO PROPOSED WATER TAPPING PENS (including Maier Loops) Size Paved St. Unpaved St. Existing Proposed Existing -Proposed 3(4" $44U $475 $355 $350 1' 475 525 315 375 1-1/2" 710 775 595 600 2" 850 925 710 7,15 3" compound 3,114 3,350 2,595 3,125 (4" Lap & vault) 4" compound 3,913 4,300 3,260 4,O 5 (4" Cap & vault) WATER 'YAPPING FEES (without Meter Loops) Size Paved St. Unpaved St. Existing ropasec ZXiStirig Proposed 4" $925 11175 $700 $95i 6" 990 825 8" 1,055 880 1U" 1,125 935 12" 1,190 990 WATER METER LOOPS Size Existing Proposed 3(4" $90 $175 1 ' 180 250 1-1/2" 320 350 2" 420 450 SEWER TAPPING FEES Size Paved St. Unpaved St. Existing Proposed Existing PropL)sPfl 4" $315 $425 $260 $2i5 6" 320 475 265 275 8" 345 500 285 300 lull 360 525 300 325 2805U-12 ExF1z8I!~' TS FISCAL M,AARY 83.84 Budget Aotunl To Date Rost Of Yoar Water T~s WiCh L.oopsI 3/4" 91 @ $ 365 4 $33,215 8 @ $ 440 m $ 3,520 16 @ $ 440 A $ 73040 1" 18 0 395 a 7,110 3 @ 375 a 101,25 6 @ 375 a 2,250 5 @ 475 r., 2,375 l0 @ 475 a 4,750 1 1/2" 12 @ 595 W 7,140 5 @ 710 3,550 10 @ 710 - 7,100 2" 23 @ 700 d 16,100 13 @ 850 2,550 6 @ 850 u r 100 4" 6 @ 2,965 m 17,790 3 @ 3,114 9,342 6 @ 3,114 m 18,684 6" 1 @ 8,000 b 8,000 1 @ 5,300 = 5,300 2 @ 5000 r 10,500 8" 1 @ 91800 = --91800 0 0 152 units " $99,155 28 units = $27,762 56 units $55,524 Total a $83,286 Water Loops: 3/4" 400 @ $ 47 a $18,800 271 @ $ 90 $24,390 542 @ $ 90 a $48,780 1" 50 @ 78 - 3,900 8 @ 180 1,440 16 @ 1P0 2,880 1 1/2" 25 @ 138 n 3,450 1 @ 320 320 2 @ 320 640 2" 14, @ 182 d 2,730 5 @ 420 4 21100 10 @ 420 4,200 4" 10 @ 364 n 3,6N0 p 0 500 units a $32,52C 285 units a $28,250 570 units v $56,500 Total $84,750 'fnp (Without Loops): 3/4" 0 2 @ $ 350 n $ 700 4 @ $ 350 a $ 1,400 1 112" 0 3 @ 390 - 1, 170 6 @ 390 21340 2„ 0 UP 15 @ 385 a 5,7`5 30 0 385 11,550 411 p Y I@ 430 a 430 2@ 430 860 UP 1 @ 700 4 700 2 @ 700 d 1,400 6" 0 UP 3 @ 825 - 2,475 6 @ 825 4,950 P 3 @ 990 - 2,970 6 990 = 5,940 8" 0 lip 1 @ 880 n 880 2 @ 880 a L1760 P 2 @ 1,055 a 2,110 4 @ 1,055 4,220 31 units n $17,210 62 units = $34,420 Total - $51,630 Sewer Taps: 4" 127 @ $196 - $24,892 0P 3 @ $260 y $ 780 6 @ $260 = $ 1,560 P 24 @ 315 - 7,560 48 @ 315 - 15,120 6" 35 @ 225 ;,875 LIP 1 @ 285 - 285 2 @ 285 - 570 P 2 @ 320 - 640 4 @ 320 = 1,280 8" 7 @ 2.50 1,750 P 4 @ 345 - 1,380 8 0 345 - 2,760 10" _ 4 @ 260 - 1,0"0 UP 1 @ 300 _ 300 2 @ 300 - 600 L73 units c $35,557 35 units - $10,945 70 units - X21,890 Total $32,835 83-84 Budget Summary Dick: WTRIV 36L BU IBIT I I I1- HUSTI+NG ORUINANCB NO. AN ORDINANCE AJI8ND(.NG CHAPTER IS OF THE 0008 )F URDINANC35 IF THE CITY OF 08NTON TSX.IS, PROVIDING NEW n'ATSR AND SEWER r.W:.NG FM POR ;NATSR ANd 3&NBR SBRV(CS; REPEALING ALL OROI,NA,NCSS 1!i CONFLICT THUSWITH; PROVIDING A SBVH Ud( LITY CLAUSE; ;\D 08CLARINO AN BFFBCTIVS DATB, TH8 COUNCIL OF NS CITY OF DBNTON, TEXAS, 89988Y OROAMS! ?ART I. That Sdct,on Ii-', Articla I, of Chaptar :s of the Cacti f Or:inaneos of the City of Denton, Texas, is hereby amenda: ;o read as follows; 'Saction 2S-1, WATER AND !364%ER MAIv rAPP(NQ CHARGES Jtiticies da artment to nake all ca s, The uti(icles apartment snail Upon app icacion an paynent of the required fees make all taps oe -.rater and sdwar natns required to axtond servico imam trio main to a point immediately behind cne curbline of the street and it shall be unlawful for any parson other than an employee of the city to tap any water or senor main jr cut any itroot surface for the purpose '>i maKIng suer a tap. 7appsn3 and meter loop lays, kny parson, association .t parsons, or corporation 3esLrang a (atdr or sewdr -aain tap or water metar loop shall lay ro Ind utilities department, in advance, she iollowing iaos: WATER TAPPING FEES {Inc:uding '-later Loop) SI.e )f Tap ?avid Street Unoavea Street 3i1 inch S44 0,00 $35i.00 i Inch $a 7S,0+) 5375,00 I-1i2 inch $710,00 S595.00 inch $8S0,U0 5710,00 i inc') tap witn 3 inch coapound ner.er i vault 113, 00 S:, 395, 4)0 J incn tap wi.h i inch Compound aecar i vault 53,313,JO 53,:30,00 'ape aver four (a) inches ~i1L od aost of natdrtal, laoor and equlpmaac plus 305. ,ATER M8'TE0, LOOPS 3r + inci S 30.00 1;I SIW.00 ;nc.9 $33U.J0 incnss20.00 i8R TAPPING r"cES ii. of Tea ?3Vad Strde: "Jnaav.d Str:° incn 5315,00 53s0,J~) 5 inch $320, A 553.00 3 inch 1534 i•00 5:93.00 1) acn $560•r)o 5300 .00 14ATER TAPS a'ITHOUT WOP $isa )f Tap Paved Street Unpaved Snreat Z Inch with valve S saddle 3 335,00 5350.00 a inch with valve S saddla S 925,00 $700,00 S Inch with valve 3 saddla $ 990,00 5825,00 3 Inch with valve 8 sado la 51,0$5.00 $880.00 10 Inch with valve 3 saddla $1 11$.00 $913,+)0 12 Inch with valve 6 saddle 51,190,00 $990.00 rapping fees in addition to other fees. The tapping fags ostablishad herein sna11 o@ to iauition :o pr) rata cost cnarges or any other char3es provided iy ordinance, PART I I , That if any section, suosaetion, parigrapn, Santenca, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held tnvalid by any court competent jurisdiction, such holding shall not affect tie validity of the remaining ;portions of thca ordinanca, and :.d City Council of the City of Da ncon , rixas, hdrdoy declares .ouI,i Nava enacted such rdma IAiaq portions Jaspica ir.v s~cn invalidity, ;)+AT i t ! r,nat this ordinance mall peeoma ifiecttve on ;he ~O a, of , 131, and the City Secretary is Hari.. dird:ted to cause the caption of this ordinance co be puoIisI rice in the Denton ,Aecora - Chronicle, the r.'Eicial n@++s pa ear the City of )aA - iA, Td.eas mithiA :dn ;10) gays or .na aata of t;a pissage, PASSED AN 0 APPROVSU this tite day of M; A1i 7, 37-7777 '71L ;CrY OF J5NfON, T--XAS ATT~sT: Y OENTON, r~(AS %;W'vED AS T LEGAL FORM: ;AY'OR, :R. ~ITAT7')RN8'! DENTON, rcXAS D` Public Utilities hoard Minutes February 29, 1984 Hartung said that the error tended to overstate water division expenses and understate its revenues. Hartung concluded by saying such problems are typically encountered soon after audits and that they would be resolved well before they have a chance to impact rates, A brief discussion followed with no further action being taken on this item, 81 CONSIDER CON'T'RACT FOR PROFESSIONAL SXRVICES WITH BLACK .RD `TEA'M` H RSA ' E i EFFICIENCY IMPROVEMENT E UNITS 04 A OF E ELECTRIC POWER Nelson reported to the Boar t Eat approximately JU-40°! of Denton's electrical energy would in the future be supplied from either our own gas-fired plant or from other plants in the Texas Municipal Power Pool (TMPP). Increasing our plant efficiency, said Nelson, would not only effect substantial savings when the power plant is in operation, but also w';nen we receive power from other TMPP members because the price of that power is based on splitting the difference between the cost of that energy that would have been produced on Denton's units as opposed to the cost of energy produced on tree selling units, Therefore, said Nelson, significant savings oan be realized by improving production unit efficiency because the efficiency of those units is used as a billing determinant in all non-TMPA purchased power, Nelson concluded by saying that it is reasonable to as.same that this method will effect a gross savings of over $50,000 per year, discussion followed during which the Board expressed its concern that the ultimate cost of this service contract not exceed the stated $25,000. Boyd further noted that the entire budgeted amount for such services was $50,000 and asked Nelson if he thought this project worth 50% of the budgeted amount, Nelson replied that, in his opinion, the potential savings justified the expenditure. Herring made a motion that the Board recommend the City Council approve the study of operation and efficiency improvements, Second by Boyd, four ayes, Coomes (naye), motion carried. 9, CONSIDER AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS PROVIDING NEW WATER AND SS_%rER TAPPING FEES FOR WATER AND SEWER SERVICE; REPEALING CONFLICTING ORDINANCE; AND DECLARING jkN EFFECTIVE D).TE Ham briefed the board on this item stating that since the ordinance was IL;st revised in July 1983, the cost of pi ing materials and labor has exceeded the City fee by at Least 10% and further stated that t«e proposed fees ;ere established by a cost-ot-service study executed by his division. A brief discussion followed, after wtlich Ccomes made a motion that the Board recommend that the City Council adopt this amendment. Second by Herring, five ayes, no nayes, motion carried. 285OU-4 E)MTT IV PROP= ORp7.tygk7 NO, AN ORDINANCE AMENDING SECTION 25.7 OF ARTICLE I, OF CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR NEW WATER AND SEWER TAPPING FEES, METER RELOCATION FEES; SEWER MANHOLE BREAKOUT FEES; CHARGES FOR WORK NOT SPECIFIED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND DECLARIi~' 1N EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS; PART 1. It it Section 25.7 (b) and (o) of Article I of Chapter 25 of the Code of Ordinances of the City of Danton, Texas, is hereby amended to read as followst "(b) Tapping, Breakout Motor Loo and Othor Fees. Any person, association or. persons, or corporation desiring a water or sewer main tan, water meter loop, meter relocation or sewer manhole broakout shall pay to the Department of Utilities, in advance, the following fees: WATER TAPPING FEES (Ine u ng .eter cop) Size of Tap/Meter Paved Street Unpaved Street / h 475.00 $ 350.00 1inch $ 525.00 375.00 1-1/2 inch 175.00 600.Q0 2 inch 925.00 725.000 4 inch (with 3-Lnch compound meter and vault) 3,350.00 3,125.00 4 inch (with It inch compound meter and vault) 4,300.00 4,075.00 WATER TAPPING FEES (Wt lout Ater OOP) r Size of Tap/deter Paved Streer, Unpaved Street 2 inch with valve and saddle $ 575.00 $ 350.00 inch with valve and saddle 1,175.00 950.00 SLATER METER LOOPS 3/4 inch $ 175.00 1 inch 250.00 1-1/2 inch 350.00 2. inch 450.00 METER RELOCATION FEE Size of Tap/Hater Relocation of 10 Feet or Less 3/4 inch $ 50.00 1 inch 75.00 1-1/2 inch 75,00 2 inch 100.00 PACE 1 r Sl_I!£R T~PPINO FEES (T019 iles eCT an=out) Size of Tap Paved Street Unpaved Street k inch g 275,0 6 inch 475,00 275 00 6 inch p0 p 10 inch 525,0 325 00 SEWER MANHOLE BREAKOUT FEE, $ 50,00 (c) T~~appppi~n~gg foes in addition to other fees. The fees established 538 n Shall be in addition to pro-rata cost charges or any other charges provided by ordinance, Any person requesting and receiving a meter relocation, water or sewer tap or other similar work, service or material for which a fee is not specified above, shall be charged for said work in an amount equal to the cost of the material, labor and equipment plus twenty (20%) percent, PART II, That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of compatent jurisdiction, such holding shall not affect, the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, PART III, That this ordinance shall become e~feetive April 1, 1734, PASSED AND APPROVED this the day of _ , 198 R C 0. STE ART AOR CITY OF DENTON, TE 18 ATTEST: 'CPS Y-StrRrMY CITY OF DENTON, TEAS APPROVED AS TO LEGAL FORM• C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: i PAGE 2 f ,l 1 R E S 0 L U T I 0 N WHEREAS, it £s necessary for the Council of the City of Denton to authorize the submission of an application to t..e rexa~ Criminal Justice Division requesting funding for t:.e City a Crios Prevention Program; and WHEREAS Article 4413 (3ka) ) V,T,C,S, was amended to enable the Criminei Justice Division of the State of Texas to allocate grants and administer criminal justi i programs on a stattwice level; and %niEREAS, the City of Denton is eligible to rocaive sutra funds and desires to protect the safety and well•boiug of its citizens through the reduction of crime; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TENS: SECTION 1, That the City Council of the City of Denton, Texas, certifies that the City is eligible to receive a fundi:,& allocation from the Texas Criminal Justica Division for t,e City's Crime Prevention Program and hereby authorizes the staff to submit an application for such funds, SECTION It. That the City Council hereby authorizes and directs the C:ty Manager, ov his designee, to represent and act on behalf of t:,e City of Denton in working with the Criminal Jus,:ica Division in regard to such grant application, SECTION III. That a copy of this Resolution shall be forwarded to tae Texas Criminal Justice Division and the North Texas Central Council of Governments, PASSED AND APPROVED this the day of March, 1984, CITY OF DENTON, TEXAS ATTEST; CWL07iZ )RE4'A11Y CITY OF DENTON, TEXAS APPROVED AS TO LE(IAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY / R E S O L U T I -ON WHEREAS, it is necessary for the Council of tthe lon City the Denton to authorize the submission of an app Texas Criminal Justice Division requesting funding for r Juvenile Police Officer to augment the City's Juvenile Law Enforcement Program; and IIHEREAS Article 4413 (32a),' V,T C,S, was amended to enable allocate Texas progra programs on astatewide criminal fjusticeState 8trantsiAnda4 dminister Division level; and W}1EREAS, the City of Denton is eligible to receive such funds and desires to promote the public safety and well-being of enforcement effectiveness relating to juvennilest its ccitizens ui n its ncreastng the Poli NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I, That the City Council of the City of Denton, Texas, certifies that the City is eligible to receive a funding allocation from the Texas Criminal Justice Division for a Juvenile Police Officer to augment the City's Juvenile Law Enforcement Program and hereby authorizes the staff to submit an application for such funds, SECTION II, That the City Council hereby authorizes and directs the City Manager, or his designee, to represent and act on behalf of the grant king awith pplication. Criminal Justice Division in to Desuch nton City regard of SECTION II1,. That a copy of this Resolution shall be forwarded to the Texas Criminal Justice Division and the North Texas Central Council of Governments, PASSED AND APPROVED this the day of March, 1484, r.. CITY OF DENTON, TEXAS ATTEST; CFL RLOTTE ALLEN, CIT SECREC-ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR2d: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS By; CITYo/osmroN,TEXAS MUNICIPAL BUILDING / DE'NTON, TEXAS 76201 i TELEPHONE (817)~ $66.8200- MEMORANDUM TOI Chris Hartung, City Manager FROMI Betty MCKean, Assistant City Manager SUBJ; HMO for Retirees DATE; February 29, 1984 and the possibilit of (2) meeting an HMO we were city Jnvestigate insurance retirees, Council HMO a for January policy for retirees, This research has been completed and we recommend that the City of Denton bring the North Texas MedCare Health Maintenance Organization on as a benefit provider to those employees on the h HMO. of a drug rider which City would employees, covere drug expenses recommendation North Texas MedCare would not allow us to cover simply our retirees; however, by offering the HMO to all employees we can cover our retirees, The alternative of placing retirees on a separate insurance policy was also researched. This type coverage would be difficult to find. Although there are some companies who night cover retirees as a separate group, the rates would be high; retirees would have to have physicals and any preexisting conditions would not be covered. Because of those limitations we recommend the HMO rather than a separate policy for retirees; the HMO does not have a preexisting condition clause, Although we are pleased to be offering the HMO as a benefit l ternani e, tsome hey employees will not find the alternative of an HMO appealing. higher rates sacrifice the right to select their own physician; they also will pay on a month-to-month basis, Each employee will need to examine his/her own usage of an insurance program to determine which of the two programs will be most program variances sat and offering the HMO as an al ternative, ouriexisting health Because of This recommendation is scheduled for presentation to the Council March 13, 1984. If you need further information regarding this recommendation or our presentation to Council, please me know. Betty WMristant Manager BM,.db 1711P i C/TYo/DQNTON,TQXA$ MUNICIPAL BUILDING i DEN TON, TEXAS 76201 1/ TELEPHONE (S17)$66-8200 M E M O R A N D U M TO: Betty McKean, Assistant City Manager FROM., Kathryn Usrey, Director of Personnel/Employee Relations SUBJ: HMO for Retirees DATE: February 24, 1984 I talked with North Texas MedCare Inc., the Health Maintenance Organization (HMO) located in Denton, about the possibility of offering the HMO to our retirees, Offering the program only to retirees as a group is not acceptable to the HMO. However, if we offered it to our entire group we could also offer it to our retirees, This does not mean that all employeos must ,Join--only that we make it available. A sample contract and several brochures are attached. I am also providing you with a rate schedule which will be effective April 1, 1984. The HMO offers a drug rider option. For comparison purposes I will make the assumption that the drug rider option will be included. The four-tier rate structure (including the drug rider) which parallels our present insurance program shows an "employee only" rate of $70.87. The City's contributi,.,:n is $60; therfore, employees on the HMO would have to pay an additional $16.3' for their own coverage plus the cost of their dependent coverage. The family rate, excluding what the City contributes for the employee, is $159.09. I have attached a chart which compares our insurance rates and the HMO rates; the third column figure shows the rate if we include the drug rider Per the HMO. This is not optional per employee but optional per plan. Although the rates for this program are higher than our insurance program, it has benefits that may attract certain employees. There are certain services provided by this program which require no charge and no deductible. Tt.ere are some benefits whi^,h require a co-payment of the employee. One benefit t:; our employees is they would simply present their HMO cards to the service providers and in many cases there would be no exchange of money and no `orms required. For the City, this will mean we will need to have our payroll deductions established so that we can transmit these premiums to the HMO. Although the HMO provides benefits that will interest some employees, others will not be interested in the higner rates; still others will not like sacrificing the right to select their own physicians. MEMO TOi Batty McKean R8i HMO for Retirees February 24, 1984 page 2 There is no minimum number of employees required in order to offer this to the retirees. It will, however, require us to allow North Texas MedCare to market the program to all City employees, Retirees eligible for the Federal Medicare proclxam will receive a reduced rate, since the HMO plan would become a supplement to Medicare for them, That rate is indicated on the chart, I also inquired about the HMO'$ progress in the Federal verification process. Apparently when they originally applied for Federal certification they %ere informed that they were not quite ready, They still had some internal procedures to implement such as their management information system and apparently some management problems to work through, They state that they have made signigicant headway and are preparing to reapply. The present funding source for HMO is through First Texas Medical and their share holders. The program is essentially self supporting at this time. They are expecting by December, 1984 to have 6500 members and by the end of 1985 approximately 10,000 members, This health maintenance organization plans to build their own hospital in Denton. North Texas MedCare operates in three locations: Carrollton, Lewisville, and Denton, Although there are other HMO's in the Dallas area it is not practical to offer those to our employees since the doctors would be located in Callas and would require our employees to travel there for their medical care. After visiting with North Texas MedCare, it is my recommendatiom that we :ffer this HMO to our employees and to our retirees. This would provide a suitable alternative for our retirees as well as an alternative for our employees. My recommendation is that we offer the four-tier plan and the drug rider to insure that medication costs are covered. I would also propose that we c4 fer a twice-annual open enrollment period in which employees can transfer from one program to the other, I would also recommend that we have briefing sessions with employees to discuss the HMO, its benefits and points for employees to consider. If you need further information regarding this recommendation or the -Ho itself, please let me know, Ka yn Us y Director of Personnel/Ein oyee Relations KU:bdb Attachments 1712P MONTH,Y RATE COMPARISON En,1loyee Costs City Insurance/HMO City of Denton MedCare Em to ee Cost** MedCare w/dru (Effective 4-1-84) E ec ve 4- -i,.L Employee $60.00* $ 12.45 $ 16,87 Child 36.50 66.79 74.53 Spouse 52.72 92.14 101.44 Family 79.75 146.46 159.09 Retiree (over 65 with Medicare 43.47 54.46 * employer pays employer contribution removed KUtdb 1711P r 1 NORTH TEXAS MEOCARE, INC. RATE SCHEDULE EFFECTIVE. APRIL It 1984 4 TIER PLAN A DRUG RIDER Employee Only. 72.45 .4.42, Employee & Spouse. 152.14, 9.30 Employee & Child(ren). . . . . . . . . . 126.79 7.74 Family 206.48 12.61 3 TIER Employee Only . . . . . . . . . . . . . . 72.45 4.42 Employee & 1 Dependent . . . . . . . . . 145.81 8.91 Employee & 2 or More Dependents. 199.25 12.18 2 TIER Employee Only . . . . . . . . . . . . . . 72.45 4.42 r-3:ni 1 y 184.99 11 .31 C014P9SITE . . . . . . . . . . . . . . . . 156.85 9.59 . ~ P,/Jorth Texas N1edCure, Inc- Member Handbook 2515 Scripture, Suite 205 Denton, Ilms 76201 Metro; 436.5238 (817) 383.2694 i I INTRODUCTION North Texas MedCare is a comprehonsivo health cam North Texas MedCam, Itlt~. oteanlzadon comprised of physicians who practice m the Hrst Texas Medical Centers In Carrollton, I.e,►isvitee and Denton es wed as other physicians procticirl in their Txknv W offices throughout the greater l.awisvilledDenton aroma. We provide members with health cane service at a predewmiined monthly fee, Medial services available to you Include hospicw cam, diagnostic X•ray, laboratory tests, routine office +isia with Dear Member: Primary Care Physicians and other specialists. Rmm4tntive services such as routine checkups, Immunizations, peematal I welcome you as a member of North Texas MedCam, Inc„ and postpartum care are also included in your North Texas and we welcome the opportunity to serve your health care MedCare benefits moods, North Texas MedCaro, Inc, is a Health Maintenance SELECTING A PRIMARY Organdmadon (HMO) Uoensed by the Texas State Board of Irapttance. You am JoWng over I2 mWon people currently CARE PHYSICIAN enrolled•in HMO In the United States, Studies haveshown that Health Maintenance OMwilzations Services at North Texas NdedCare usually begin with a visit like North Texas MedCare, Inc, am reducing the total cost to a Primary Care Physician, A Primary Caro Phyuc%m will Of medical care for groups enrolled when compared with coordinate the overall dirration of you or yNa eanuly~- Individuals enrolled In tradidoaal Insurance plans, health care. In addidon to supervising your routine needs, your Primary Care Physician will determine when Qo onirr To reeelMe the beat beWlts for you mud your family, it is specie! tests, consultations with other specialists and, if i dmpotsant for you to know se muoh as possihie on how to use necessary, hospitalization. OW services, Utdlke tr*W dorW health insurance, North ~ Tbxu MtadCaro Initial and fotlow•up visits to a specialist should always be rMually provides the health and medical authorized in advance by a Primary Care Physician- seNica You need This could require a dlfDerent approach r to tecelw care. You and your covered family members may select %maty Read the handbook carefully to no how North Texas Care Physicians from the Notth Texas NkdCare awdcal MW-Am wW htmdk your health care needs, group according to your needs. i Primary Care Physicians are the following sped lise< f r /y a) FamIl Practice b) obstetrics & Gyn, cology ~ l.eon.td !s, Wanort E'a0udM0 0 Pediatrics -......r-~.++..r...~...+.w ~.+..-....+w.w-.. •.."'~w~~w"w~ii ~i1r`- - `ylr~". - `_"MIiMIMW "AH _.I~1~Ii1~1`:"1 wA::.i "A 1' M' i w.,~..~ , V SCHEDULING AN APPOINTMENT REFERRALS TO OTIIER SPECIALISTS t You may schedule an appointment with a Primary Cam Should a Primary Care Physician decide you nerd to consult Physician by calling one of the following First Texas Centers. another speQla.W, he or she will so that arrangements am FIRST TEXAS MEDICAL CENTERS made with that sp"Wlst. CARROLLTON At the time of your referral, a Primacy Cam Physician will 3114 Denton Road give you a referral letter and make arrangements toschedule Carrollton, Texas 75007 an appointment. You take a copy of this letter to the spa lallst (214) 4929444 at the time of your appointment HOURS: North Texas MedCam WILL NOT cover services of any Monday thru Fl4day non•Primmy Care Specialist without prior approval from a 8:00 A.M.-10:00 PM, Primary Caro Physician Saturday 10:00 A.M.-6;00 PM. HOSPITALIZATION Sunday 12:00 Noon-8:00 P.Ivf. If a Primacy Care Physician determines you require hospitaii- LEWISVILLE ration, this will probably take place at one of our affiliated SODA West Main hospitals, Lewisville, Texas 75067 Tb date, North Texas MedCare is affiUmed with Lewisville Family Practice/Pediatrics-(21414369721 Memorial Hospital in Lewisville and Flow Memorial Hospital Obstetrics/ Gynecology-(214) 4369'41 in Denton. HOURS: Monday thru Saturday As a member of North Texas NledCare hospitalized at an 8:00 A.M.-I0:00 PM. affiliated hospital, you will be covered for most inpatient Sunday services. 12:00 Noon-8;00 PM. EMERGENCY CARE DENTON 2509 Scripture In emergency situations, contact a North Texas 4ie<(Care Denton, Texas 76201 physician if possible. If not, go immediately to u First Texas (817) 566-6757 4ledical Center or office. HOURS: If the emergency occurs after normul office hours, you may Monday thru Friday 6x) to any of the two hospital emergency rooms listed below. 8:00 A,M.-10:00 PM. Remember, howevtir, you will be requixW to pay a co-payment Saturday for services received in the hospital emergency room. 8:00 A.M.-4;00 PM. Sunday LEWISVILLE MEMORIAL HOSPITAL 12:00 Noon-6:00 P.M. ; Emergency Room The followingisanoutlineofhow to make your appointment: 360 W. Main 1. Cull the First Texas Medical Center where ! Lewisville, Texas 75067 you wish to be seen, FLOW MEMORIAL HOSPITAL Emergency 2. Identi ourself as a North Texas MrdCare Room 1310 Scripture member. Denton, Texas 76201 3. Tell the appointment cleric (hat you wish to II you are outside the service area or because of the life- arrange an appointment with a Primary Care threatening nature of the emergency, you are not able to Physician, reach one of the facilities listed above, GO TO THE If you am makingyourfistappoinmtent,tell theappointment NEAREST SOURCE of emergency care; THEN HAVE clerk so that your medical record file may be prepared prior SOMEONE CALL NORTH TEXAS NIEDCARE ININIEDF to your clinic visit. ATELY COLLECT AT MF.TRO 434.1502 OR 817/383 2694. y` ....~._•,...•.N.a..._~ .~ILMYi~inW~lt+i~IS~ISWiii'"{• .y ._,.`~i`:~Sw~H..a-`_ , i NON•AFF11 4TED PHYSICIANS AND FACILITIES HOW TO SUBMIT A CLAIM You are NOT covet>ad for care rovkied One of North Texas MedCamh moat important features is p by any phys(clan or the fact that you do not genoWy gel WW, or directl in any facility not affiliated with North Texas Medcam (Of the service you receive. This is because a16lla0M providers 0=60 in li6athrealonirrg emergency situations or when bW North Texas MedCam and not the patient, There may your Primary Cary Physician has referred you to a norr be, however, occasions when a North Texas MedCare affiliated physician or tacillty for special treatment, member receives a 'ail( from a physician, hospital or other medical facility. Members may also, In rare Instances, be NOTIFICATION OF CHANGES haappe~n, for example, xam cash when pow service, TTY may pl you are traveling outside the service area and receive necessary emergency service from You must complete a North Texas MedCam change form to a provider who is not affiliated with North Texas MedCam. notify North Texas KiedCare of changes in eligible der. When this occurs simply send the itemized receipt or bW to dents, address or name changes, or to terminate covetuge• North Texas MedCam, You will be reimbursed for all covered Change forms are available from your employer, expenses. , YOUR NORTH TEXAS NEDCARE COORDINATION OF BENEFITS IDENTIFICATION CARD It you or your covered dependents are covered by group North Texas MedCart will Issue each member and covered Insurance In addition to North Texas MedCare, payment for spouse an Identification card. This card wW have the family's { the services wW be coordinated between the coverages this account number, responsible party's name and a Uting of procedure avoids duplicate payment for the same service. covered dependents, It you should receive a reimbursement from another group Your North Texas MedCan number is used when making ! Insurance for a service North Texas MedCam ha; made appointments and Identifying medlcal records. Each family payment on or rnelmbursement for charges for services member wW halve a mmdicW record at a North Texas Medcam 3 provided at a North Texas MedCare facility, the reimburse approved facWty Your number will be placed with this Me { ment should be sent to the North Texas MedCam office, for identification purposes, Jf PLEASE CARRY YOUR CARD AT ALL TIMES. You will I need to present It when receiving can at any hospital or IVIENIBER SATISFACTION physicians office, KWure to present your card may result in unnecessary delays in receiving n.eded cane. If you cannot fired uhe answer to I booklet or the certificate, please feel your to call North Texas By using your North Texas MedCam card you are also 1 MedCare (214) 434•W2 or (817) 383.2694, assured of not being billed for covered services. This Is one of the unique aspects of North Texas MedCare, unlike walootne suggestions or comments on how we can make traditional health Insurance. You do not have to file claim North Texas MedCare do a better job for you, 11 you wish to forms to be reimbursed for services you have received, eontaot us, you may! Under North Texas MedCam, covered services have been CallNoMTexaaMalCaroyMemberService Department paid for In advance, Your North Texas (vfedCare card is your (214) 4344502 or (817) 383.2694 passport to receiving these services. ,Send a lethtr to North Texas MedCare! U your card is lost, stolen or damaged, call the North Texas North Tom MedCm, Inc, MedCare office immediately and arrange for its replacement. 2515 Soripture, Sidle 205 NOTE; This card is to be used for identification purposes Denton, Texas 76201 only. Possession of the card does not Indicate Member comp(alnts are resolved through the "Complaint eligibiilty for medical care coverage. Pr~" outlined in your North Texas MedCam rertiscate, ~Yf~ftL,.. 10.. y. 1 , QUESTIONS t AND ANSWERS' r Q, What is axuidered a medkal emorgeney? A. The suddon onset of Ulan which requires Immediate medical attention to preserve We and prevent permanent damage to the patient, Q. What It I have a health insurance plan in addition to North Texas MedCaro? r A. The value of any benefit or service provided is coardl• natal with any other group plan so that North Texas MedCam will reimburse for covered services as it It had been the primary carrier. To optimize the value of all your benefits, make sum information about your other insurance plans is in your North Texas MedCam file, Q. Who submits claim forms? ~I A. The North Texas NledCare afflllated facilities and phy sicians will bill directly to North Texas MedCare. You do not have to be concerned with claim forms. Q. What if I marry while I am under the North Texas MedCare Plan'? A. You should notify North Texas MedCam by completing a new application a month prior to your wedding date. Coverage on your spouse 'M11 become effective the month following the date of marriage. Q. What If I have a question or complaint'? A, North Texas MedCum encourages member involvement and welcomes your views and quesdotm If you have a question or complaint, call the North Texas MedCam office in Dentou at (214) 43,H502 or (817) 3834644 and ask to speak to someone in the Member Service Depart- ment, Should you have a formal complaint, a repre- sentative will assist you. The grie%.utce procedure is explained in detail in your policy. Q. It I leave my job, how does this affect my North Texas MedCerr coverage'! A. Conversion Policy: If you leave your job, North Texas MedCare does offer an individual policy. You will need to arrange for individual coverage before your coverage through your employer expires. Contact our office for further details. i' .N i • I IANIs1111o NIa'tnuriul Ihlspilil AdrIN \cronlNUr IllulVapllq lu The Iludlullou Ik'palina'Ill 's of l l l lira ~;ny>♦q' I" III' I NI1111 h\' III \ tay, k'h\ 14N 11~ rw .X Now UA1100! 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C,HikvnnJ C"lrd)hnlnscutm I ~uf',rimrecle■nd Vvalry ArmAKm;ult~Innlhei,nuv..,un,nwhnrlnStn pin kled fit slants uu•dlclnc. hack, ueck nud bmlJ 11'Iss'anuttics, K:r6,nn Inrn'.n~`sufQical k'riu.,smr~, iulnn'rylUculs TI}PCIpxllniUll In nl'}I,Y11111Y1 (lir if)YnluIttlex icn+fw'ri~f your Lually nllphl lKYYl thcsc k'I I Ix Ails IIn mni l it Itil +slcu Ill;f(xry\aF4 lIvsiilt,Ile Thvicstlul;nlu0educs rust pr--l id, n eu+lydrlr annpklllxlInkmoni y, 1'145, scniecs,cnl!ZIRIxwlkElit(:i'1) IJ6117.11ur(411) Upilw ityM"llealCenwrInIllk;.}leI!tidorttIll; N ,Ylhmm (ulyIlo+irt ndkease,hulItntlm; vm'xwnttMiliY• ,\kelgxllhthaLessimilkllcntuNa3llmlillni 'Im4975.This serrlsrsvnddlKU(M' Ilithlekl uu tU IlSldsllll'pit)'sC1;1111rti~vprllrllti~n111h1nf crp,unlou,,rlll nlul hcnmvn dU, tlxl ylluue lils,l uma' Itux' lilt([ hl the lnllITV > thehol"thtl l lbxns,u Au sill mid 411 ollir ir'rlt wxltl y.ild.c nurehlnr xHl he:I.nun:~nnerrtraldplnuiblnllemlr srmry.lesanlt,lh11n IuxvrlNnl;nrrn11eLenh,rnllJ nl 'viiNnllt- CV1lu halht.c llls n(fltY' sr Ill lie 'mn pigsielnns+thendn'y'suspren~ln- I , 1Pntncri Il rrssv n• ill uict4mimillilcJusl volufnur ,cxhslllecmef suchns"nciw'hcnrlni!I~~s.."nnr.~hs,l.nr'IenlslsmlJ rnY'ndl 14111 lu ur srmtnum klles In I~ u• I K•sl n ul uy ui 1x9\ ixtcs11,k gill.' ht Ihe.wits n1tv1411x'. , • North Texas MedCare, Inc. f i t•. ♦ r i Wit ~ ' • X1155 Com • ensive pre Benefits Introducing North Texas MedCare a,Health - offering comprehensive health benefits for yrounandayourOfamly,aOff ce visits, routine check-ups, maternity care, immunizations, laboratory and x-ray services, oilt-patient surgery, and, of course, hospitalization are included in our benefit package. Unlike traditional health insurance programs, MedCare provides these benefits for a fixed monthly payment, minimizing out-of-pocket costs when you and your family receive medical care, Your Own Imagine! Personalized care! Physicians D or associated with North Texas MedCare are highly qualified in the areas of Family Practice, Obstetrics/ Gynecology, Pediatrics, and other Specialities. You may select a Primary Care Physician to supervise your family's health at one of the three First Texas Medical Centers, More than 50 Physiew' m including Specialists practice at these three Medical Centers. Most of these physicians are part of a group which has practiced in the area for more than 30 years. Many new members will not need to change doctors because their own physician already is associated with MedCare, 14 Hours Day~ ice at ur And WeekendsconServvenienycel Medical Centers located in Carrollton, Lewisville and Denton are open 14 hours a day (8 a.m. - 10 p.m.) each weekday and convenient times on weekends. North Texas MedCare virtually eliminates the inconveniences associated with health maintenance of the entire family by offering you hours that make it easy for you to schedule appointments that do not conflict with work or school. i I S D~ I St c.u ' I ~ ~ 1 ~alei ~ KrvA y. Old y ,e 7 ' ;dENTON. 0 u~•~^"•h McKINN Y a. 1 'I~ 711 . u ~ tale eiw. a laid • ~ c rnlA % t♦~r ' I W W ~ w I luNln ~ ~ MoIMe Vr ' W L•W r I I !I II ' l i' Whet (3 FI~ M•utw ? w l.l~ ~ VennM a a _ :DALLAS r•t TA ANT III arrollton'leen>n I~r,uruso o egwrn. L b Formers Kell•r S Ar7nah G,'RN Coll; Alls am f ~ 1 DIw Otago " sr « 4 H North 9n rre~ w " w~•J Richl B •dfad g gw I Park vl ":L \ l i II}s '.n u AhP•►t j Hlg Ild . Parr Hal Om Hurst II VI Cam, u » I e,n 'w Cjty Ichland ♦ a ` L..-,_._,i , If'• III ~ d ) l~ I ~ • } • I INI OAILAS,-\ _Mesgi pe IV i /ARLINGTON Grand Oda - - • - Plrartr i - t61 ~ 'P nlegn I11 I Iii I > Orly I Shaded portions indieate sen,ii•e area I: ADV-1.3 Conve *ex~ Locations Three clinics to serve you! First Texas Medical Center - Carrollton, First Texas Medical Center - Lewisville (formerly Doctors Clinic), and First Texas Medical Center - Denton (formerly Medical/Surgical Clinic) provide ser•;`ices convenient to work or home. In addition, two hospitals, Lewisville Memorial in Lewisville and Flow Memorial in .Denton, offer you hospitalization and emergency services. Physicians who live and practice in these communities are there to meet your needs and ensure your good health. Carrollton ISwY ti`1 HcAran H.I. Y IJ! }'rs nkfntd THAR). %fillI First Texas Medical enter 3114 Denton R4 Carrollton, Texas 75007 2141492.9444 Hours: Monday thru Saturday 8 a.m. • 10 p.m. Sunday Noon 8 p.m. Lewisville Denton a Ins } 7 ~ . MoKenn, P.trk West Main t 1Srs Ila 9S Elm St. West Oj'k Woo IlMkory First Texas Medical Center First Texas Medical Center 500•,. W, Main, Lewisville, Texas 75087 2609 Scripture, Denton, Texas 76201 2141221.2589 8171382-2521 Hours; Monday thru Saturday 8 a.m. - 10 p.m. Hours; Monday thru Friday 8 am.. • 10 p.m. Sunday Noon • 8 p.m. Saturday 8 a.m. • 4 p.m. Sunday noon .6 p.m. ADV--1.4 r' 1 Control Costs No SurprisesTake advantag©I Preventive medicine Is less expensive than emergency care or hospitalization, North Texas MedCare s objective Is to catch minor health problems before they become serious and to avoid unnecessary hospitalization. In this way MedCare helps the entire family stay healthy and combats the rising cost r~ of health care. In addition virtually all services are covered by the fixed monthly payment, allowing you and your employer to budget medical j expenses throughout the year without worry of hidden surprises. r, No Clo-11 S Eliminate inconvenience! One of MedCare's most important features is the fact that you need not worry about involvement with insurance claims, paperwork and the long wait associated with reimbursements. MedCare will be billed, not you A • ew Choice Healthy lives) al is something vie all want. The health coverage you select is an important personal decision. You now have a choice, North Texas MedCare offers a comprehensive, convenien4 and persoml health care program at a reasonable fixed rate. Contact your personnel office or Mi edCare to take advantage of this new alternative, North Texas MedCare, Inc. A Health Maintenance Orgsnization 2515 Scripture, suite 205 Denton, Texas 76201 Metro 436-5238 Metro 434.1502 18171 3832894 ,wv-1.5 I .~W. uM4.V..MM.~..~M~Ww+~.N~.V.M.~MMW.~,.Mh_.4~J.4.. ~fL`1..1Y~4..w+n~..~ •~1.~., i. '1 1. ..u 1. , ' 1 AN& "Benefits I I SERVICES COST TO MEMBER in M#dW Centere for o visits Adult or Pedlatrical Health Assessment Specialist care and consultations Vision screening to determine the need for eye refractions Allergy Testa Allergy Injections I.aboratory and X-my services No Charge IInjeurmctio u Health Education Family Planning r In North Texas Seml'private room and board accommodations ; MedCare Affiliated including general nursing, operating rooms, Hospitals anesthesia, and other general hospital services. Physicians and Surgeons services including $26,00 Copayment operations and Specialists consultations, for each admission I Emergency Room Service $26,00 Copayment per incident By Non•Affillated Ordy in cases of severe accidental injury Hospitals or or IN threatening acute illness $26,00 Copayment Physicians per incident Maternity Care FWI Hospital and Physician Services No including pre and post natal care Charge Well Baby can No Charge Skilled Nursing Fudity Up to 100 days per calendar year when (in lieu of hospital care) authorzA No Charge In the Home Physician house calls $10.00 per visit Mental Health Services Out patient mental health services for short Outpatient term evaluation or crisis Intervention care for up to 20 visits per calendar year $20,00 Copayment 1 per visit Inpatient No Coverage Ambulance When authorized by a MedCare Physician No Charge or in an Emergency The above benefita are available when provided, ordered or referred by a North Texas htedCare, Inc, physician, In emergencies,cnre may be obtaimd immediately without welting from a WdCare physician, This outlino summarixea benefits. The terns of the policy are bindiug. IN-1'a j EXCLUSIONS A. A service for which the Member is covered by any federal, state, county or munldpal worker's compensation law or employer's idability law or z u,er legisla' tion of similar purpose or any other servlce to the extent that the Member is entitled to coverage through any governmental plan or progrum. B. A eerie for military service connected disabilities for which the Member Is legally entitled to services and for which fadllties are reasonablq stsilable to the Member, C Custodial, dornkitlary, convalescent care and other care which, In the Judgement of the physician, or Medical Director, does not medically requln the facilities and services of an acute carp hospital or skilled nursing facility. D. Services In connection with (1) mental Illness, (2) longterm physical medicine and rehabilitative services (including long-term physlcal therap)-L (3) abuse of or addiction to alcohol and drugs, and (4) lose or impai ment of speech and/or heating, unkss the sere are specifically provided for in the Schedu4F of Beneetlts E. Personal comfort and convenience items and services. F. Experimental health care procedures unlaas approved by the Medical Director and authorized by I'M W's Bnard of Directors. G, Whole Blood or Blood Components. H. Se.t change operations and the reversal of voluntary, surgically induced infertility, 1. Services for the care and treatment of intentionally seif•Intlicted woundsdnjuies, J. OugAtientcppit p (including Emergency Room Services) and associated expense daring normal physician office hours, unless amng„i u, ;kivance by a Participating Physician necessary because of a life-threatening emergency, K. Medleadons prescribed on an outpatient basis, unless covered by an addendum to this Agreement, L. Services for which plasdo surgery or other services are indicated primarily for cosmetic purposes, R. Dental can end dental x-rays. N. ArtiAcial aids, corrective appliances and prosthetic devices. Non*xperimental permanent Internally implanted devices such as pacemakers w d hip joints are covered. 0. Durable medical equipment when used outside an acute can hospital or skiued nursing facility, including beds, oxygen tents, and wheelchairs, P. Physical Examiradons required for obtaining or continued employment, insurance, or governmental licensing, Q. Speech and occupations] thompy, R. Routine foot care, S, Sidled Nursing B"Ats are reduced and offset by all days of post-hospital eligible skilled nursing services covered in whole or in part by 3Iedinnsrr during the eakndar year that the Member receives which are not prescribed or directed by a Participating Physician or which were received 15ro(n fncdides not approved in writing by NTMC, T. injections and Immunizations are limited to those generally In use in the Service Area as of the effective date of this Agreement or the last met%I date of this Agreement, except Gamma Globulin, which will be provided at a reasonable cost. Unexpected mass immunizations, Hepatitus "B" imrarunizations, and other experimental immunizations are not covered, U. Mental Health 1. Chronic psychosis, chronic organic brain syndromes, and intractable personality disorders as determined In the p,«, fesslonai judgement of the Participating Physician not to, be responsive to therapeutic management. 2, Services for Mental Retardation. 3. Services provided upon court order or as a condition of parole or probation, 4. Inpatient or other institutional care for psychiatric conditions. LY-i•4 ~,.w~~i .'I.rn..MMw... rwJ.lw M•.. nn w.. M. j '"Physicians i PRIMARY CARE SPECIALIST SPECIALIST (REQUIRES A REFERRAL) , FAMILY PRACTICE GASTROENTEROLOGY Marc A, Armstrong, M.D• Barry Sanders, M .D, Thomas A. Blucker, M.D, L. R. Byrd, M.D. GENERAL SURGERY Isaac N1, Gans, M.D, Harry M, Burgess, M,D Conrad M. Garcia, M.D. James A. Conyers, M,D, Douglas B. Hagen, M.D• William P. Hatton, M.D. John J. Jehl, M.D. Arvin D. Short, M,D, James H. Jones, XD. James R. Jones, M.D. INTERNAL MEDICINE Elizabeth T. Kondracka, M.D. James R. Long, M.D. Jetendra N. Bhott, M.D. Harvard McBrayer, M,D. Emmanuel F. Desai, M.D. Terrence L. Moore, M.D. Edward N. Kremer, M.D. Mary Sender, M•D Charles H, Wahiert, M.D. Timothy S. Shepherd, M,D. Dale G. Swanholm, M.D. OTOLARYNGOLOGY - ENT Irene Tayem, M.D, James P Albrite, M.D. Eugene M. Taylor, M.D. Joseph R. Williams, M, D. OBSTETRICS/GYNECOLOGY PATHOLOGIST Michael C. Burgess, M.D. Richard C. Burgess, M,D. Stanley F Franklin, M.D. Eugene Hunt, M.D. RADIOLOGY Robert J. Lee, M.D, Suhas D. Mantri, M,D. Jules P. Brown, M.D. Albert Thibeaux, M.D. PEDIATRICS John Cuchis, M.D. UROLOGY Thomas E. Grubb, M.D. Kenneth A, Goldberg, M.D. Kiran Harpavat, M.D. Mark W. Holt, M,D. ORTHOPEDICS Gregory L. Jackson, M.D. John Anderson, M,D. David 0. Johnson, M.D. Charles Hopkins, M.D. Russell D, McDonald, M,D. Arthur Terry, M.D. Frank T, McGehee, M,D. Richard Williamson, M.D. Richard A. Rivera, M.D. Rebecca L. Walker, M,D. PSYCHIATRY SPECIALIST N. Vasavada, M.D. (REQUIRES A REFERRAL) RHEUMATOLOGY Edward E. Volayos, M.D. ALLERGY Bediola Badie, M.D. VASCULAR SURGERY James V. Palermo, M,D. ANESTHESIOLOGIST James A. Kendall, M.D. I,N-t•2 Many hands working together toward one goal n', Providing the best possible medical care needed by all the patients in our communities takes much more today. It takes a group I of professionals representing varied backgrounds molded together and working as a team. First Texas Medical Inc. has brought together such a group. In 004 the organization are family practice physicians, medical specialties from varied fields, administrators, nurses, technicians, lawyers, corn puler experts and numerous other protes- sionals working as a team to accom- plish one goal-providing our patients and our communities the best medical care possible. This medical care is delivered in traditional and non-traditional meth- ods From full service hospitals and complete community centers, to helping patients with therapy in their homes, our attention never strays from the patients and their needs. 4, The story of First Texas Medical ` Inc. is one of many hands working r . " together to lake a medical care tradition, established in the oast, to provide the maximum care possible in the present, and to constantly plan for the future. At First Texas Medical Inc. the past is deeply rooted In the community, AIN, The present is dynamic, and the future is exciling. h u II iST First Texas Medical Inc began y ' with a single goal In mind-"provide the best medical care possible:' That goal has never changed,' The dale was 1948 when nao family physicians, an internist and a surgeon formed a group practice in Denton, Texas The next three decades have seen growth that now makes First Texas Medical Inc. one of the largest medical groups in the state supplying several communities with multiple facilities and serr+ces. From Denton, the expansion began moving south Into Lew-;sW[e, with an office opening there in 1962, As the Lewisville area growth con- tinued, the Lewisville Memorial Hospital was opened in 1976 with consolidation of the existing physi• cian offices into the Lewisville Clinic In 1979 "The Oaks", a group of unique intermediate care facilities was established through various federally certified programs. These facilities, located in Denton and Lewisville, meet the unique needs of the mentally retarded with a full array of health care services. f' ; An unchanging commitment to medical care As the number of pi ysicians join. tng First Texas Medical Increased, 37546 in just seven years to a staff of over 80, the North Texas MedCare, a state chartered private Health Maintenance Organization (HMO), was established in 1980. In 1981 First Texas Medical Inc, was incorporated with local owner. ship and management and the rapid growth continued, The corporation's first Ambula. tory Surgery Center was opened in Denton in 1982. That same year also saw the First Texas Medical Center name replace the Medical and Sur• gical Clinic and Lewisville Doctor's Clinic name, and a new First Texas Medical Canter was opened in North Carrollton in 1983 to serve the growing needs of that area, The past few years have been growth years for First Texas Medical Inc, This growth continued into the present, The founding physicians began by meeting the needs of the local community, The same idea continues into the present at First Texas Medical Inc, +t~ l r ~r )I r' 1 I. First Texas Medloal Centers Meeting the total medical needs of families in our community is the reason First Texas Medical Centers were established, The Centers com- bine the attention of the family's own family doctor with the convenience of pharmacy and diagnostic ser- vices in one facility As various health rr~ care needs arise in the family, the pri- mary care physician has other spe- cialists available/ First Texas Medical Centers are staffed by physicians in t the following specialties: r r .AUergy ,Neurology iAnesthesiology o0bstetncs/ `l ,Cardiology Gynecol(r)y a Cardiovascular and 0Patrci^gy Thoracic Surgery aPedlair icv a. . Dermatology Adolescent Aredicrne m Ear/NoselThroal a Plastic surgery / w Family Practice a Radiology rv~ oGasiroenterology .urology / sGenerel Surgery r Vascular Surgery ~J • Internal Medicine our physicians are available for appointment seven days a week with the office operl 14 hours a day and on weekends. Each Center has an emergency room for minor emergencies or for patients who are too ili for regular treatment. In major emergencies the facilities of the Lewisville Hospital and other convenient local hospitals are also available. First Texas Medical Centers bring the medical care to where the needs are--the community, Meeting the community's total health care needs Lewisville Memorial Hospital A community's health care revolves around the local hospital facilities. Our Lewisville Memorial Hospital is meeting the present health care needs of the Lewisville area;and is planning for expansion to even better serve this area, A fuli range of the most modern medical and surgical services for patient care are available at 3 Lewisville Memorial, As technology becomes available ~"^s and as treatment methods change, hF "k r Lewisville Memorial reacts, The obstetrical department is ~tlt - providing the late;,) in services to then ' - family along with the newborn. With home-like labor room, lenient visiting r yt ~5 ta,}' 'a~~' privileges and facilities providing for family comfort, the needs of each lam- ily member are taken into account. ` The latest laboratory and X-ray facilities are now in place, such as "CAT" Computerized Axial Tomog- raphy scan and nuclear medicine, to perform the many tests needed for • ; rapid diagnosis and treatment, 4 , The cardiopulmonary department is providing services such as EEG, t EKG, EMG, stress testing, pulmonary function testing and outpatient breathing therapy along with patient 1A$~' h : p'i flP ` education programs, Services including occupational rehabilitation and a speuial disorder program for chronic back pain syn- drome are part of the growing ortho- °h pedics area. . i i Ambulatory Surgery Center One of the fastest growing areas in medical care is Ambulatory Surgery First Texas Medical saw the need to accommodate patients need- Ing a surgical procedure requiring << sophisticated equipment and care, but without overnight hospitalization, and answered this need with our Ambulatory Surgery Center. These Centers In Denton and Dallas pro- vide care in a comfortable, non- institutional setting at the same time maintaining maximum efflci6ncy and safety during the operation, Each Center is staffed with professionals, trained in outpatient surgery. Patients are scheduled for surgery at the Center by their own surgeon who performs the surgical procedure with an anesthesiologist and staff on hand, Follow-up calls are then made t , to the patient on the day after surgery r to assure that no complications arise, The Ambulatory Centers are bene- r filing ~etients by enabling them to t . _ return home sooner, thus reducing time away from family, work, or other activities. Most physicians feel thal the recovery process can even be speeded by the early return to normal activities. Also, a wide variety of sur- gical procedures are offered at sub stantially lower costs when compared to similar hospital charges. Provide alternatives to lengthy hospital care HMO A vital part of providing total medi- cal care is providing a met,i,,, of reducing rising medical costs through early detection and treatment of potentially serious illnesses. First • + Texas Medical Inc, is providing this, with North Texas MedCare, Inc., an + - investor-owned Health Maintenance Organization (HMO) licensed by the Texas State Board of insurance, established in 1982, By affiliation . with the physicians and specialists of First Texas Medical Inc., cost can be controlled and virtually every family health care service provided, Including hospitalization and emer- gency service, Frevention health care such as annual check-ups, tests and immunizations are part of the routine coverage, services are accessible at the First Texas Medical Centers serving the ` Denton, Lewisville and Carrollton areas, Individuals can select from any of the Primary Care Specialists in Family Practice, Pediatrics or Obstet- rics/Gynecology to supervise their care, Appointments can be made with the physicians selected. Alternate physicians are always available for emergency care, Referrals are,,. arranged for outside specialists," treatment, or care if needed, Employees are eligible if they work , for an employer with twenty-five or more employees and live or vrork in the service area covered by the affiliated Centers. J The Oaks Meeting the health care needs of a community sometimes means is offering unique services, The Oaks comprises a group of facilities pro- ; viding a Iruly unique array of health care and rehabilitation services to the mentally retarded, { Profoundly and severely retarded r---~ adults are served in the Bryan Oaks Ct nler in Denton. Clients either v attend public school classes or go s; by bus to the activity center in one of the Oaks complexes. The Bryan Oaks Activity and Training Center in Denton is operated by Oak Grove Work/Activity Center, Inc., a non-profit sheltered workshop organization. At this location, mentally retarded adults ' receive therapeutic recreation and z pre-vocational training, Moderately retarded adults receive a full range of health care and rehabilitation services at the Edmond Oaks Center in Lewisville. Activities for these clients are F provided at the adjacent Oak I' Grove Center, ' Health care also means meaning- ful work and employment. The Oak Grove Work Activity Center (s a non- profit organization offering activities, vocational training and emoloyment for the handicapped. t i Ui iique services and diverse activities to aid our physicians MedCare Home Sevfces Medcar% Home Service provides a physician oriented, short term intermittent care service of skilled nursing care, home health aide, physical therapy, occupational therapy, speech therapy, medical social services and referral services to patients, adults and children in the home, Non-Health Care/Real Estate Division The Non•Heallh Care and Real Estate Division act Independently from the medical personnel and I staff, This allows our medical per- sonnel to concentrate on providing the best possible health care, { Our Real Estate Management Company has the responsibility of meeting the lacilitles requirements of our rapidly growing health care organization. When possible, these buildings are constructed by our own construction company. The First Texas Medical Inc. Longs ; Range Planning Committee is work- ing constantly with our Real Estate Development Division to analyze our 1 luture facility needs, This is dune by careful research in community growth patterns and population movement trends. Management of the physical plants also comes under the Real Estate Management Group. This group uses the best facility manage- ment techniques available to keep all the property fully leased and operating at peak levels. The Future 1! a I t 16 v4 7 , Y IrSIt, J~~ 1 S S 'F I The future for First Texas Medical ~ Inc, is tracing the future Of medical s +sj.7,~ _ ~,~}y '1'r '~N' ~ wld f' t~..;~ i~., et., ~1 S; care, Every new advancement in `i~+ ;•,,~y 4~ ?~~y,,,~~v °a~ medical technology and every new drug discovery makes better treat. ment possible, but it takes a modern medical delivery system to best ' utilize these discoveries. First Texas Medical Inc. is involved "A in all of the fastest growing segments of the health care industry. The ,i growth in the past for First Texas Medical Inc, has been rapid. We fully expect and plan for it to continue. We are making a commitment to 'he communities served with the f 1. latest equipment, services, new and expanding facilities and, most important, a recruiting program to r • bring in the finest physicians and r technicians to First Texas Pjlec Kcal. ~f~yn 1 1 ,1 r 1 ~j. K~ ~I{[j1~ ~ h I ti~.Dl t ~ t l r ' P ~ I yY I i•1;, Fr h' i i~.S7. i• b ~ ~ l A commitment to your future E The future means rapid gromh to Include, • A new Radiallon Therapy Center in Denton • An expansion of the Lewisville Memorial Hospital to 150 beds • A new two-story professional office building adjacent to the Lewisville Hospital that will include aoDiagnosticCenter and Women's Center ;i,t~ ■ A 50.100 bed hospital in Denton ' to } c ~ • A new Ambulatory Surgery Center in North Dallas,- "J. o .lxY • An expansion plan for the Center in Carrollton, The communities First Texas Medical Inc, services are dynamic and growing. VVe are committed to the future and our purpose remains the same as that of our founders- "Provide the best possible medical services" That is and will remain the "Center of Our Attention". 0 ARTICLE I DEFINITIONS Whenever used in this Agreement and all addenda thereto, the following terms shall have the definitions contained in this Article. 1. "AGREEMENT" means this Group Health Care Agreement. 2. "CONSULTING PHYSICIAN" means a Participating Physician to whom a Member is referred for care by a Primary Care Physician who is also a Participating Physician, 3, "COPAYMENT" means the amount required to be paid by a Member at the time of service in connection with the services set forth in the Schedule of Benefits. 4. "DEPENDENT" means a person living in the Service Area and enrolled for covers e under this Agreement who is: A) the Subscriber's spouse, or B) an unmarried g dependent child of either the Subscriber or the Subscriber's spouse, subject to the following conditions and limitations: (1) The term "DEPENDENT" shall include any unmarried child who is (a) less than 19 years of age or (b) 19, but less than 23 years of agge if (i) such child is not regularly employed on a full-time basis, and (ii) evidence satisfactory to NTMC that the child is a full-time student at an accredited education institution and is primarily dependent on the Subscriber for support and maintenance, proof of which is furnished annually to NTMC or more frequently as requested. (2) The term "DEPENDENT CHILD" as used herein shall include any stepchild or legally adopted child who resides in the Subscriber's household and who for purposes of Federal Income Taxes can be claimed as an exemption, or foster ghild a P)l s e s than 1 years of age, or less than 23 years of a e (3) In gooeveQdnt s~iar~"~~PEP T~'%ciude (a) any spouse or child g active duty in any military, naval, or air force of an countr on spouse who is eligible for coverage under this Agreement as a Subs(b) an criber. 5. "ELIGIBLE DEPENDENT" means a Dependent of any Subscriber covered under this Agreement that meets the requirements of the definition of Dependent. 6. "EMERGENCY" means a serious medical condition resulting from injuries or illness which arises suddenly and renuires immediate care and treatment to avoid jeopardy to the life or health of a Member. 7. "EXPERIMENTAL UNPROVED PROCEDURES" means medical, surgical, or psychiatric procedures or treatments and pharmacological regimes not generally accepted by the medical community associated with NTMC, including but not limited to organ trans- pflants gastric je,)unal by-pass and gastric stapling (for purposes tional based ther)apysforsalcoholismtandmkeratotomieserapy, psychosurgery, nutri- B. "GROUP" means the employer or other entity with whom this Agreement is made. 9. "HEALTH PROFESSIONAL" shall mean physicians (doctors of medicine and doctors of osteopathy), dentists, nurses, podiatrists, optometrists, physicians' assistants, clinical psychologists, social workers, pharmacists, nutritionists, occupational therapists, physical therapists, audiologists, speech pathologists, and other pro- fessionals associated with or engaged by, NTMC to provide medical services consistent with Texas Law. FQ-1.03 _2- r 10, "HEALTH SERVICES" Means health care services or benefits provided for in this Agreement. 11. "HOME HEALTH AGENCY" means a facility or program which is licensed, certified or otherwise authorized pursuant to the laws of the State of Texas as a Home Health Agency and is approved by NTMC or with whom NTMC has contracted to provide the Home Health Service covered under this Agreement. 12, "HOSPITAL" means an institution which is accredited at a hospital under the Hospital Accreditation Program of the Joint Commission on Accreditation of Hospitals, and which is primarily engaged in providing medical, diagnostic and surgical facilities for the care and treatment of iii or injured persons on an inpatient basis and which provides such services under the supervision of a physician and with 24 hours a day nursing services by registered nurses. 13, "INITIAL ELIGIBILITY PERIOD" means the period of time specified in the application during which Subscribers and Eligible Dependents may make application for enrollment in NTMC. 14. "MEDICARE" means the programs, extablished under Public Law 80-97 which added Title XVIII to the Social Security Act and specifically: Part A "Hospital Insurance Benefits for the Aged" and part B "Supplemental Medical Insurance Benefits for the Aged", 15. "MEMBER" means a Subscriber or a Dependent who is covered under this Agreement and for whom payment has been received by NTMC, "MEDICARE MEMBER" means any member entitled to benefits and enrolled under both parts of Medicare who has assigned these benefits to NTMC. 16. "MONTHLY RATE" means the monthly fee required for each Subscriber and Dependent as shown on the Face Sheet, in accordance with the terms of this Agreement. 17. "NON-PARTICIPATING PHYSICIAN" means any Physician who does not have a contract or agreement with NTMC. 18. "NORTH TEXAS MEDCARE, INC." (NTMC) a Texas Corporation organized for the purpose of arranging Health Services. 19. "OPEN ENROLLMENT PERIOD" menas a period during each consecutive twelve (12) month period when employees of the Group living within the Service Area may enroll or disenroll themselves and their Dependents under this Agreement. 20. "PARTICIPATING HOSPITAL" means a Hospital which has a contract or agreement with NTMC to provide services to Members. 21. "PARTICIPATING PHYSICIAN" means any Physician who has entered into a service agreement with NTMC either as an individual or through a group to provide services to Members. 22. "PHYSICIAN" means any Physician, who is duly licensed and qualified under the laws of the jurisdiction in which treatment is received, 23. "PRIMARY CARE PHYSICIAN" means a physician who is licensed in family practice, pediatrics, or obstetrics/gynecology, who is also a Participating Physician, 24, "REASONABLE AND CUSTOMARY CHARGE" - a fee which a duly licensed provider of Health Care Services usually charges patients and which is within the range of fees usually charged for the same service by other health care providers located within the im,aediate geographic area where the Health Care Service is rendered under similar or comparable circumstances. FQ-1.04 .3.. , r 26. "REFERRAL PHYSICIAN" means a Non-Participating Physician to whom a member i's` referred for Health Services by a Participating Physician with the approval of the NTMC Medical Director, 26. "SCHEDULE OF BENEFITS" means the listing of benefits described herein and made a part of this Agreement, 27, "SEMI-PRIVATE ACCOMMODATIONS" means a two or more bed room in a Hospital, Skilled Nursing Facility or other approved health care facility or program, The semi-private bedroom charge is the maximum covered by this Agreement, 28. "SERVICE AREA" means all of Denton County and an area within 16 air miles of the First Texas Medical Centers at Lewisville and Carrollton, 29. "SKILLED NURSING FACILITY" means a licensed institution or part thereof which is accredited as a skilled nursing facility by the Joint Commission of Accreditation of Hospitals or is recognized as a skilled nursing facility by the Secretary of Health and Human Services of the United States pursuant to Title XVIII of the Social Security Act, as amended, and which has been approved in writing by NTMC to render eligible skilled nursing services to NTMC Members, 30, "SUBSCRIBER" means any employee of the Group who; 1) is eligible on his or her own behalf, and not by virtue of being an Eligible Dependent, to participate in the health benefits provided under this Agreement, 2) is enrolled for coverage under this Agreement, 3) resides in the Service Area, and 4 meets the Group's eligibility requirements, ARTICLE II ELIGIBILITY, ENROLLMENT* AND COVERAGE Section 1. Eligibility Individuals are accepted for enrollment and continuing coverage only if they meet all applicable requirements set forth in this Section and reside in the Service Area. 1. Subscribers must meet the requirements defined in Article 1.30. 2. Dependents must meet the requirements defined in Article 1,4. Eligibility of Dependents for coverage under this Agreement ends as follows: a. Subscriber's spouse - when divorce becomes final b. Dependent child when a child is no longer a Dependent Child as defined in Article I,4.B. A Dependent Child's attainment of a limiting age does not operate to terminate the coverage of that child while the child is both incapable of self-sustaining employment by reason of mental retardation or physical handicap and is chiefly dependent upon Subscriber or spouse for support and maintenance; and provided further, that proof of such incapacity and dependency is furnished to NTMC by Subscriber within 31 days after the Dependent's attainment of the 19th birthday. Such proof may also be required at any subsequent time, but not more frequently than annually after a two year period following the child's attainment of the limiting age. FQ-1,05 -4. 3, No person is eligible to enroll hereunder of the Subscriber or any Dependent has had coverage terminated at any time by NTMC for any of the reasons stated in Article VI-B. Section 2, Enrollment Group will (a) offer coverage under this Agreement to all eligible persons on conditions no less favorable than those for any alternative health care plan available through Group, and (B) have an Open Enrollment Period at least once a year during which all eligible persons are offered a choice of enrollment under this Agreement or any alternative health care plan available through the Group, (1) Initial Eligibility Period, A person who newly attains eligibility to become a Subscriber may enroll by submitting an enrollment application form to NTMC within 31 days of attaining eligibility, If the Group has a probationary period during which a new employee may not enroll, the enrollment application must be submitted to NTMC within 31 days after the probationary period ends, If the Sub- scriber desires to enroll the persons then eligible to become the Subscriber's Dependents, they must be enrolled at the same time. Any person who thereafter newly attains eligibility to become a Dependent of the Subscriber, such as a new spouse or a newborn or adopted child, may be enrolled by the Subscriber, submitting a change of enrollment form to NTMC within 31 days of that Dependent attaining eligibility, A newborn child of a Dependent other than the Subscriber's spouse may be enrolled only if the newborn child is eligibile under Article 1, 4. B), (2). (2) Open Enrollment Period, Eligible persons not enrolled when newly eligible may be enrolled as Subscribers and Dependents only during the Open Enrollment Period by submitting an enrollment application to NTMC. Section 3. Effective Date of Coverage. Unless otherwise specified in the Group's application, the coverage of Eligible Subscribers and Eligible Dependents shall take effect on the latter of; (1) the date the Agreement takes effect, (2) on the first day of the first month following the date the application is received by NTMC, or (3) if an Eligible Dependent is acquired by a Subscriber, NTMC coverage shall take effect on the first day of the first month after written application has been made and the appropriate Monthly Rate paid, providing written application has been received within 31 days of the Eligible Dependent's being acquired, If a child is born to a Subscriber or the Subscriber's spouse, coverage of such child shall take effect on the date of birth. For coverage to remain in effect after 31 days after the date of birth, NTMC must be notified by the Subscriber of the baby's birth within 31 days after the date of birth, If the addition of the child causes a change in the coverage classification, any additional Monthly Rate due must be paid, and such Monthly Rate must be paid retroactively commencing on the date of birth. FQ-1.06 _5_ , R ARTICLE III PAYMENT OF AGREEMENT CHARGES Payment for coverage hereunder is made as follows! 1. The full Monthly Rate is set forth in the Face Sheet attached hereto. 2, The Monthly Rate for all Members will be paid to NTMC by the Group by the first day of the contract month. A grace period of thirty-one (31) days following the due date shall be allowed the Group for payment of the Monthly Rate during which the coverage remains in effect. There shall be no proration of Monthly Rates with respect to Subscribers whose enrollment commences hereunder after the first day of a month, 3. Only the Members for whom the stipulated payment is actually received in accordance with Item 2 above by NTMC shall be entitled to Health Services. 4. Revision of Terms or Rates. NTMC may alter or revise the terms of this Agreement or the Monthly Rate. Any such alteration or revision of this Agreement or of the Monthly Rate shall become applicable for all Members on the effective date of the alteration or revision, whether or not such Monthly Rate has been paid in advance. In the event of such alteration or revision, NTMC shall give at least sixty (60) days prior general notice, which notice shall be considered to have been given when mailed to the Group at the address on the records of NTMC, Any amendment of the Agreement or the Monthly Rate must be approved by an Officer of NTMC to be valid and attached to the form. No other person has the authority to change the form or waive any of its provisions. ARTICLE IV COORDINATION OF BENEFITS AND SUBROGATION Section 1, Coordination of Benefits The value of, and payment for, any benefits or services provided hereunder will be coordinated with the coverage and benefits of any other group insurance (except automobile insurance), labor-management agreement, trustee agreement, union welfare fund, employee benefit organization, and federal, state or local governmental programs, and any coverage or benefits provided for by statute or other act of government so that no more than 100% of the expenses incurred will be paid by NTMC and all appropriate coordinating entities. All Members incapable of contracting, and the parent or legal representatives of all Members incapable of contracting on their own behalf, shall execute and deliver all such documents or perform such other and further acts as shall be necessary, reasonable or desirable to facilitate the coordination of the benefits of this Agreement as contemplated herein. Any Member claiming benefits under this Agreement shall cooperate in any way necessary and will furnish to NTMC all information deemed necessary or desirable by NTMC to implement these coordination of benefits provisions. FQ-1,07 -6- J . At If any Member is eligible for services or benefits under two or more Plans, the coverage under those Plans, including NTMC, will be coordinated so that up to, but not more than, 100% of any eligible expenses will be paid for, or provided by, all such Plans combined, Primary responsibility for providing these services or benefits will be determined in the following order: (1) The benefits of a Plan which covers the person on whose expenses claim is based other than as a dependent shall be determined before the benefits of a Plan which covers such person as a dependent. (2) The benefity of a Plan which covers the person on whose expenses claim is base6 as a dependent of a male person shall be determined before the benefits of a Plan which covers such person AS A DEPENDENT Of A FEMALE PERSON; EXCEPT THAT IN THE CASE OF A PERSON FOR WHOM CLAIM IS MADE AS A DEPENDENT CHILD: (a) when the parents are separated or divorced and the parent with custody of the child has not remarried, the benefits of a plan which covers the child as a dependent of the parent with custody of the child will be determined before the benefits of a plan which covers the child as a dependent of the parent without custody, (b) When the parents are divorced and the parent with the custody of the child has remarried, the benefits of a Plan which covers the child as a dependent of the parent with custody shall be determined before the benefits of a plan which covers that child as a dependent of the step-parent, and the benefits of a plan which covers the child as a dependent of the step-parent will be determined before the benefits of a plan which covers that child as a dependent of the parent without custody. Notwithstanding (a) and (b) above, if there is a court decree which would otherwise establish financial responsibility for the medical, dental or other health care expenses with respect to the child, the benefits of a plan which covers the child as a dependent of the parent with such financial responsibility shall be determined before the benefits of any other plan which covers the child as a dependent child. (3) When rules (1) and (2) do not establish an order of benefit determination, the benefits of a Plan which has covered the person on whose expenses claim is based for the longer period of time shall be determined before the benefits of a plan which has covered such person the shorter period of time. 8. NTMC shall be entitled to: (1) Determine whether and to what extent a Member has indemnity or other coverage for the Health Services provided under this Agreement; (2) Establish in accordance with A. (1) - (3) above priorities for determining Primary Responsibility among the Plans obligated to provide health care services or indemnify benefits; (3) For the purpose of determining the applicability of and implementing the terms of this Section or any provision of similar purpose of any other Plan, NTMC may, without the consent of or notice to any person, release to or obtain from any insurance company or other organization or person any information, with respect to any person, which it deems necessary for such purposes. Any Member claiming benefits FQ-1.08 -7- i s under this Agreement shall furnish to NTMC such information as may be necessary to implement this provision; and (4) Recover the value of Health Services rendered to the Member under this Agreement to the extent that such Health Services are actually provided or indemnified by any other Plan, C. The order of Primary Responsibility shall not apply when the Member is entitled to receive health care services or to be indemnified for services (a) under Worker's Compensation or similar law, (b) in a Hospital or facility owned, operated or funded b a governmental agency or through any program or governmental agency unless a charge is customarily made. In such instances, the Primary Responsibility shalt always rest with those persons or a encies providing the health care services or indemnifying the services under (a) or (b~ above, In no case shall NTMC be required, when care is provided by a program of any governmental agency, to provide coverage beyond what the Members would have been required to pay in the absence of NTMC coverage. D. If another Plan covering the Member does not contain a provision coordinating its benefits with those of this Agreement, the benefits of such other Plan will be determined before the benefits of this Agreement, Section 2, Subrogation In case of injuries or illness caused by negligence or any willful act by a third party, services and other benefits requested hereunder shall nevertheless be furnished by NTMC, NTMC may, at its option, choose to be subrogated to the Member's rights against said third party to the extend of the benefits received under this Agreement, including the right to bring suit in the Member's name. Such Member will cooperate fully with NTMC in the exercise of its right of subrogation and such Member shall not take any action or refuse to take any action which would prejudice the rights of NTMC under this paragraph. 0 Section 3. Medicare Payments Payments required hereunder are established on the assumption that Medicare pay- ments for services provided to Members hereunder will be received by NTMC or the Hospital or the Skilled Nursing Facility or Health Professionals entitled thereto. Thorefore, all sums payable to or on behalY of Members pursuant to Medicare for services provided pursuant to this Agreement are payable to and retained by either NTMC or the provider of services entitled thereto, and each Member entitled to any Medicare benefits shall complete and submit to NTMC all consents, releases, assignments and other documents reasonably requested by NTMC in order to obtain or assure such payment. Any member who fails to do so must pay for services received at prevailing rates charged to non-Members. ARTICLE V COMPLAINT PROCEDURE Any complaints which you may have can be resolved by the following prodedure; All complaints made verbally by a Member or Members involved, will be considered as an "informal" complaint. All complaints made in writing by the Member or Members, will be considered a "formal" complaint. Complaints are to be made to the Administrator of North Texas MedCare, Inc., 2515 Scripture, Suite 205, Denton, TX 76201, (817) 383-2694, FQ-1.09 -8- It is his responsibility to administer the complaint system, If the complaintant wishes, he may go directly to the appropriate advisors as listed below. 1) A complaint about Membership or termination may be discussed with Membership Advisor, If necessary, it may be registered with the President who will send the Member a written reply within 30 dAys. 2) A complaint about treatment, care, or claim payment may be discussed with the Health Care Advisor, If necessary, it may be registered with the Medical Director who will send the Member a reply within 30 days, Any unresolved treatment or Membership complaints are to be made to the Admin- istrator within 30 days of receipt of a reply from the appropriate advisor who will register it with the Members Advisory Panel, The Panel is comprised of two selected !embers of the Plan, the President, and the Medical Director, The Panel shall review the complaint formally with the Member and his representative, The Panel will give a written reply within 30 days of the review to the Member and his rapresentative. Any still unresolved complaint may be registered with the Board of Directors within 30 days of receipt of the complaint, Within 30 days of their review, will notify in writing the complaintant of the outcome. Any still unresolved complaint may be brought to arbitration under the Texas Arbitration Act. The management and governing body of the complaint system will meet at least once a year to assure the appropriate- ness of the action taken on complaints and to act toward the elimination of the problems which led to the complaints. The Board of Directors will select the members of the Advisory Panel at random from a list of enrollees until the Panel is filled by willing and responsible participants, This method will be used to fill any enrollee vacancy on the Panel that may occur during the year. ARTICLE VI TERMINATION OF THE AGREEMENT A. Termination of the Agreement 1) A group may terminate this Agreement upon sixty (60) days prior written notice to NTMC at any time after: a. It has informed NTMC in writing of continuing unsatisfactory per- formance or continuing unavailability of the Benefits hereunder based upon documented complaints by Subscribers and Dependent Members, and b, NTMC has not taken reasonable and effective steps promptly to correct such alleged problems or demonstrated the groundlessness of the complaints. 2) On Notice: Termination by NTMC or the Group may be accomplished by giving written notice to the other party at least sixty (60) days prior to the expiration date of this Agreement, Such termination shall constitute a full and final discharge of all obligations of NTMC under this Agreement at the close of sixty (6O) days unless a Member is a registered bed patient in a Hospital or Skilled Nursing Facility at the effective date of term- ination, in which case, the Member will continue to receive benefits for the condition under treatment (a) for up to 90 days, or (b) until the expiration of such benefits, or (c) until the Participating Physician or the Medical Director determines that care in the Hospital or Skilled Nursing Facility is no longer medically necessary, whichever occurs first. i FQ-1.10 -9- , v 3) By Default in Payment of Monthly Rate: If the appropriate Monthly Rate is not received by NTMC on or prior to thirty-one (31) days after payment is due, this Agreement shall terminate as of the end of the period and all benefits and services shell cease, A charge of 10% of the Monthly Rate may be added for fete payment received within the thirty-one (31) day grace period. The Group shall remain liable for all monthly Rates not paid prior to termination, A) If, after termination of this Agreement by N1MC because of failure to timely pay the Monthly Rate, the delinquent Monthly Rate is delivered to NTMC and it is not refunded within five (5) days thereafter, the Agree- ment shall be reinstated as though it had never been terminated, B. Termination of Individual Coverage 1) Termination for cause. a. If Participating Physicians or Participating Hospitals, after reasonable efforts to establish and maintain a satisfactory physician-patient or hospital-patient relationship with any Member, is unable to do so, then the rights of the Member and/or Subscriber and Dependents under this Agreement shall be terminated on not less than 60 days` written notice to the Subscriber, Member may appeal the decision through the Complaint Procedure. b. Subscribers represent that all information contained in the enrollment application that has been submitted to NTMC is true, correct, and complete, a copy of which has been provided to the Subscriber, If a Subscriber flirnishes incorrect or incomplete information which is material to the risk, then the rights of the Subscriber and all Dependent Members may be terminated upon sixty (60) days' written notice, In the absence of fraud, the above provision will not be enforced after two years from the initial effective date of coverage. c, NTMC may terminate the Agreement of a Member if the Member fails to enroll for or to effectively assign to NTMC, Federal Medicare benefits for which the Member is eligible, Due to attempted Assignment. Any attempted assignment of benefits provided under this Agreement shall render the Agreement void, upon ten (10) days written notice. d, Co-payment Charges. In addition, Members shall pay or arrange for the payment of applicable co-payments, if any, as provided in this Agree- ment or any riders attached hereto, In case of failure to do so, the Member's rights may be terminated in thirty-one (31) days. NTMC will provide written notice at least ten (10) days prior to the date of termination of benefits, W e. If the rights of the Member are hereunder terminated under this Section, prepayments received on account of the terminated Member applicable to periods after the effective date of the termination of benefits, plus amounts due on claims, if any, less any amounts due to NTMC, Hospitals, or Physicians shall be refunded within thirty-one (31) days. 2) Coverage of the Member under this Agreement shall automatically terminate on the earliest of the following dates: PQ-1.11 -10- r a. The date this Agreement is terminated. b. The end of the last contract month that the required Subscriber contri- bution toward the Monthly Rate has been paid, if the Subscriber is required to made such a contribution, (See Grace Period, Article 161;, c. The date the Group received written notice from the Subscriber for termination of coverage, or the date requested by the Subscriber in, such notice, if later, d. The date on which the Subscriber moves out of the Service Area. e. The date the Member enters into active military duty, except temporary duty of thirty days or less, f. Coverage Discontinued Because of Ineligibility. Members become ineligible for coverage under this Agreement as of the end of the month in which a Member no longer meets the eligibility requirements of Article II, Section 1. g. On death of the Subscriber, Upon termination by the above, NTMC, Participating Physicians, Referral Physicians, Participating Hospitals and Skilled Nursing Facilities will not have any further liability or obligation under this Agreement. ARTICLE VII RELATIONS AMONG PARTIES AFFECTED BY AGREEMENT The relationship between NTMC and any Participating Hospital or Skilled Nursing Facility is that of Independent contractor. Participating Hospitals and Skilled Nursing Facilities are not agents or employees of MC nor is MC or any employee of NTMC an employee or agent of Participating Hospitals or Skilled Nursing Facilities. Participating Hospitals and Skilled Nursing Facilities shall maintain the hospital- patient relationship and nursing-patient relationship with Members and are solely responsible to Members for all hospital and nursing services. The relationship between NTMC and Participating Physicians, Referral Physicians and other Health Professionals is that of an independent contractor. Participating Physicians, Referral Physicians and Health Professionals shall maintain the physician- patient relationship and professional-patient relationship with Members and ar-e solely responsible to Members for all medical and professional services. Certain Members may, for reasons personal to themselves, refuse to accept procedures or courses of treatment recommended by Participating Physicians. Participating Physicians shall use their best efforts to render all necessary and appropriate professional services in a manner compatible with the Member's wishes, insofar as this can be done consistently with the Participating Physician's judgement and terms of this Agreement as to the requirements of proper medical practice. If a Member refuses to follow a recommended treatment or procedure, and the Participating Physician believes that no professionally acceptable alternative exists, such Member shall be so advised and if upon being so advised the Member still refuses to follow the recommended treatment or procedure, then the Member shall be given no further treatment for the condition under treatment, and neither the Participating Physician, nor NTMC shall have any further responsibility to provide care for such condition, FQ-1.12 -11- . r ARTICLE VIrT CONVERSION PRIVILEGES 1. Conversion After Ineligibility, Any Member who ceases to qualify as a Member for any reason other, than termination as provided in Argicle VI,B,1), may apply within thirty-one (31) days for conversion to a non-group insurance policy without evidence of insurability, Contact NTMC for information concerning the current insurance carrier. Such option shall apply to all Members. Upon receipt of application and Monthly Rate, within the thirty-one (31) day period, coverage is effective as of the date of termination of benefits under the Group Agreement, 2. Conversion Upon Death of Subscriber, Upon the death of the Subscriber, coverage under this Agreement shall continue for the surviving Members for any period for which the Monthly Rate has been paid. A surviving Dependent is eligible to convert tj non-group coverage as in Section 1 of this Article, FQ-1.13 -12- ARTICLE IX GENERAL PROVISIONS Section II Entire Contract This Agreement and attachments, the application of the Group and the individual applications, if any, of the Subscribers shall constitute the entire Agreement of coverage between parties. Section 2. Time Limit of Certain Defenses All statements made by the Group shall, in the absence of fraud be considered representations and not warranties. No statement except fraudulent misstatement voids the coverage or reduces the benefits hereunder after the Agreement has been in force for two years from its effective date, unless the statement was material to the risk assumed and contained in a written application, A copy of the written application must have been furnished to the Group, Section 3. Alterations No alteration of this Agreement and no waiver of any of its provisions shall be valid unless evidenced by an endorsement or an amendment attached to this Agreement which is signed by an Officer of NTMC, No agent has authority to change this Agreement or to waive any of its provisions. Section 4. Records The Group shall furnish NTMC with all information and proofs which NTMC may reasonably require with regard to any matters pertaining to this Agreement. All documents furnished to the Group by an individual in connection with the coverage, together with the Group's payroll and any other records which may have a bearing on the coverage under this Agreement, shall be open for inspection by NTMC at any reasonable time. Each Member authorizes and directs any person or institution that has attended, examined or treated the Member to furnish NTMC at any reasonable time, upon request, any and all information and records and copies of records relating to attendance, examination or treatment rendered to the Member, NTMC agrees that such information and recolld3 will be considered confidential, NTMC shall have the right to submit any and all records concerning episodes of health care for Members to appropriate medical review bodies and/or physicians. Section S. Clerical Error Clerical errors shall not deprive any individual of coverage under this Agree- ment. Neither shall failure to report the termination of coverage continue such coverage beyond the date it is scheduled to terminate according to the terms of this Agreement, Upon discovery of a clerical error, an appropriate adjustment in the Monthly Rate shall be made, However, no such adjustment in the Monthly Rate or coverage shall be granted by NTMC to the Group for more than sixty (60) days of coverage prior to the date NTMC was notified of such clerical error. Section 6, Notice Any notice, under this Agreement shall be given by United States Mail, postage prepaid, addressed as follows; PQ-1114 .13,, If to Heal*h Plan: NORTH TEXAS MEOCAR£, INC 2516 Scripture, Suits 205 Denton, Texas 76201 if to a Member; To the latest address provided by Member. If to a Group: To the latest address provided by the Group. Section 7, Covered Benefits In no event shall any Member be responsible to pay for benefits received in accordance with this Agreement except as otherwise provided in 1chis Agreement. Section 8. Certification NTMC will issue to the Group for delivery to each Subscriber a copy of the Agreement as Certificate of Coverage describing the coverage to which he or she is entitled. Section 9. Pronouns .11 personal pronouns used in this Agreement shall include either gender unless the context indicates otherwise. Section 10. Conformity with Statutes Any provision of this Agreement which, on its effective date, is in conflict with the statutes of the Jurisdiction in which it is delivered, is hereby amended to conform to the minimum of such statutes. Section 11. Identification Cards Cards issued by NTMC to Members pursuant to this Agreement are for Identification only, Possession of an NTMC identification card confers no right to services or other benefits under this Agreement. To be entitled to such services or other bene- fits, the holder of the card must, in fact, be a Member on whose behalf all applicable Monthly Rates under this Agreement are paid. Any person receivingQ1j services or other benefits i which the person entitled pursuant to andtCustomaryiCharges. Agreement shall be chargeable Leonard E, Watson Chltf Executive Officer North Texas MedCare, Inc, FQ.1.1 5 -14. PLAN A SCHEDULE OF BENEFITS Within the Service Area, covered services specified in the Schedule of Benefits are available only from the Participating Physicians and Participating Hospitals, listed at the end of this Schedule of Benefits, and neither NTMC, Participating Physicians, nor any Participating Hospital has any liaoillty or obligation on account of any service or benefit sought or received by any Member from any other doctor, hospital or skilled nursing facility, or other person, institution or organization, All Primary Care services must be provided by the Primary Care Physicians listed at the end of this Schedule of Benefits in order to be covered. Covered Services provided by Consulting Physicians must be approved by the Primary Care Physician. Members may make appointments with Primary Care Physi+:ains by calling the appoint- ment telephone numbers listed at the end of this Agreement. Health Services are provided at First Texas Medical Centers (FTMC) listed at the location shown at the end of the Agreement. Other covered services, not provided at FTMC, are provided at other Consulting Physicians and Referral Physician offices, and at Participating Hospitals. If hospitalization is necessary, admission to a Hospital will be arranged by the Participating Physician. While away from `same and outside the Service Area, Members may receive only the Emergency Health Services provided in the Schedule of Benefits. Section 1. Health Services Rendered by Participating Providers A Member shall be entitled only to the medically necessary Health Services described in this Section provided by, or under the direction of, a Participating Physician. These health Services are subject to (1) the limitations stated and the exclusions and other provisions of this Agreement, and (2) payment by the Member of the Co-payment charge specified for any service at the time service is rendered, and (3) payment of the Monthly Rate required for coverage under this Agreement, Non-Emergency Health Services rendered by Non-Partidipating Providers are subject to the provisions of Section 2 of this Schedule entitled Referral Health Services Rendered by Non-Participating Providers. Emergency Health Services rendered by Non-Participating providers are subject to the provisions of Section 3 of this Schedule entitled Emergency Services Rendered by Non-Participating Providers, A. Physician Services Physician services provided by Primary Care Physicians, or when referred by a Primary Care Physician, Consulting Physicians, and other Health Professionals, as may be permitted by applicable State Law rendered in any approved health care facility or any other sites approved by the Medical Director (except for Physician Services identified in Section 1.D, of this Schedule), are covered at no charge, unless other- wise specified, including; 1. Surgical Procedures (inpatient and outpatient) 2. Injections and immunizations, generally in use in the Service Area as of the effective date of this Agreement or the last renewal date of this Agreement, except gamma globulin, which will be provided at a reasonable cost. Unexpected mass immunizations, Hepatitis "B" immunizations, and other experimental immunizations are not covered. FQ-1.16 -15- 3, Consultations with and treatment, by consulting physicians 4, X-ray, laboratory and diagnostic services, t i with ca and ainhalatiangandlchemicalservicesservices, 5, Anesthesia in dconnect iction, 6, Therapeutic ra treatment a refractions- 7, Allergy work-up, , and materials. 8, Vision screening to determine the need for eY correction. 9. Audiology screening tests to determine the need for hearing 10, Obstetrical care•when prescribed by a Participating Physician and Physical ement 11, ical Therapy approved by the MidicahyD{cectorarersubiectitoss within ignificant.timprovement the 2) m g P ian within two two ( {2) months rescribed by a Participating Physic 12, Periodic health assessment as p except as defined Section 6, item 1er's Medical Director, House 13, Home Health Services s rnandeapprovede Member's ti of home when rect10i H Per a Participating physician ent by the Member Calls by a Physician require a pis not covered. Member per visit, Medical equipment 14. Prescribed dressings and casts. 15. Well child care, g, In atient Services in Hos itals Authorized by Participating5 Physicians p a confinement for which Those se es listed below which are performed during and board charges are made and which ofr~25rperdadmissionhunless otherwiseici- room gating physician are covered at a charge specified, including; necessary, r 1. Semi -private room room mintensivevcarerunit~, h coronary care unit., laboand eals; a y nursing 2. Use of operating eneral nursing service, and private duty and delivery rooms, g (as approved by Medical Director), and inhalation therapy, 3. Radiotherapy, 4, Prescribed Medicatioana•diagnostic services. 5, X-ray, laboratory, ood com 6. Administration of whole nblood overed by thisoAgreementjt of whole blood and blood components is 7. Anesthesia and is administration. 8. Medical supplies. C. Inpatient Services in Skilled Nursin FaciFaci}ity for which room and board During a confinement in a Skilled Nursing authorized by the Medical Director in lieu of confine- charges are made, and which are Hospital, up to 100 days in each awithautycharge ate approved ment in a Participating services are provided or arranged skilled nursing services covered in tiled Nursing Facilities, excepttell iblenskilledfnursingf care is reduced n Sk offset by all days of post-hospital 9 Medicare during the calendar YQphysicianhorMwhich wereireceived whole or in part by pat. Eligible skilled Snursing iNTMC ng were not prescribed or directed by a services roved in writiPangrtbyci killed Nursing from t'acilities not and equipment ordinarily furnished by the include medical supplies biologicals. Facility, and all prescribed drugs and FQ-1.17 -16- - D. Mental Health Services 1. Services; Services in the office of a Psychiatrist, Psychologist, or other Mental Health Professional, which are in connection with conditions which are Judged by the Medical Director to be subject to significant improvement through short- term therapy, when authorized by the Medical Director, are covered. These services are limited to 20 visits per Calendar year, A copayment of $20.00 per visit will be charged to the Member, These services are provided to Medicare Members without charge. 2. Exclusions; a.. Chronic psychosis, chronic organic brain syndromes, and intractable personality disorders as determined in the professional Judgement of the Participating Physician not to be responsive to therapeutic management, b. Services for mental retardation, c. Services provided upon Court Order or as a condition of parole or probation. d. Inpatient or other institutional care for psychiatric conditions. E. Health Education Services Health education services, and hospital discharge planning rendered in an approved health care facility are covered at no charge to the Member, F. Ambulance Service Ambulance services are covered at no charge to the Member when authorized or determined to be medically necessary by the Medical Director, G. Family Planning and Infertility Studies Family planning counseling, including abortion counseling and in Formation on birth control, is provided without charge. Contraceptive devices and drugs are provided at prevailing charges, Physician services for diagnosis and treatment of involuntary infertility are provided by Participating Physicians without charge. H. Hemodialysis and Renal Transplants_ Subject to the limitations set forth in this Section, all necessary services for hemodialysis for chronic renal disease and for kidney transplants are provided without charge, Covered services include equipment, training and medical supplies required for home dialysis. Covered services are provided only upon referral by NTMC at facilities within the Service Area approved by NTMC and for participation in the Medicare program, Referrals are made only if NTMC determines that a service referred to in this Section represents the preferred method of treatment. If after referral, either NTMC or the Participating Physician of the referral facility determines that the Member does not satisfy its criteria for the services involved, NTMC's obligation is limited to paying for covered services provided prior to such determination, plus covered FQ-1.16 .17- services subsequentl/ provided that are covered in whole or in part under Medicare, Neither NTMC or it.f4 participating Physicians or Referral Physicians un4ortake to furnish a kidney donor or to assure the availability or capacity of referral facilities approved by NTMC, Health Services and all associated expenses relating to the donor are not covered. Hemodialysis for acute conditions is provided under the provisions of this Schedule of Benefits, excluding this Section I. NTMC determines whether the Member is suffering from an acute or chronic condition, 1. Alcoholism S Drug Abuse Subject to the exclusions in this Section, treatment and counseling for alcoholism and for abuse of or addiction to drugs are provided in accord with this Schedule of Benefits, except that Health Services for detoxification are limited to removal of the toxic substance or substances from the system. Determination of the need for services of a specialized facility, and referral to such a facility in appropriate cases, are covered, but the specialized facility's Cervices are not. The following services are not provided; 1. Care for a patient who or a condition which, in the professional ,judge- ment of the Medical Director would not be responsive to therapeutic management. 2. House Calls. Section 2, Referral Health Services Rendered by Non-Participating Providers In the event that specific Health Services cannot be provided by or through Participating Physicians and Participating Hospitals, a Member shall be entitled to coverage for medically necessary Health Services by Non-Participating Physicians. Such Health Services must be requested and recommended to NTMC in writing by a Participating Physician and authorized in writing in advance by NTMC Medical Director, and are subject to the provisions of Section 1 and other limitations and exclusions of this Agreement. Section 3. Emergency Health Services NTMC will cover medically necessary Emergency Health Services rendered to a Member, subject to the terms and conditions of this Section. The copayment for each occurrence requiring Emergency Health Services shall be $25.00. If hospitalization is required immediately after the Emergency Health Services are provided, there will not be an additional $25.00 copayment for the hospital admission. Within the Service Area If an emergency occurs during hours when a First Texas Medical Center (FTMC) is open, the Member should call the FTMC, tell the receptionist, "This is an emergency", and follow the instructions given, If an emergency occurs when FTMC are closed, Members should call Lewisville Memorial Hospital Emergency Room for advice. If time does not permit the Member to call, the Member should go or be taken to the nearest Hospital emergency room for treatment. If Emergency Health Services are rendered at a Non-Participating Hospital or by a Non-Participating Physician, the Member should follow the procedures described in this Section for services rendered "Outside the Service Area" to properly notify NTMC after the Emergency Health Services initially have been provided and to receive reimbursement for the charges for these services. Outside the Service Area Emergency Health Services and follow-up care, if applicable, must be 1) of such immediate nature that the Member's health might be Jeopardized if taken to a treat- ment location where the services of a Participating Physician would be available, or FQ-1.19 -18- 2) be provided under circumstances under which the Member is unable, due to his or her condition, to request treatment at a location where the services of a Participating Physician would be available. NTMC does not pay for emergency treatment provided outside the Servico Area for care rendered after the patient was able to return to the Service Area without medically harmful results. Covered benefits include Emergency Services for unexpected premature delivery of babies but not for normal delivery, within the thrity (30) days prior to the expected delivery date, unless NTMC deter- mines that the Member was outside the Service Area because of circumstances beyond her control. Any Member receiving Emergency Services within or outside the Service Area must notify the NTMC office within 48 hours after care is commenced or as soon as reasonably possible thereafter. Section 4, Co-payment Requirements Members shall be required to make co-payments in the following amounts for the following procedures; SERVICE CC-PAYMENT CHARGE Inpatient Hospital Services $26.00 for each admission Services in connection with out- $20,00 per Member per visit patient Mental illness ' Emergency Services $25,00 per Member per occurrence unless hospitalized, in which case the $25.00 covers the E,R, visit and hospital admission House Calls $10.00 per Member per visit for Physician services Section S. Procedures for Reimbursement of Eligible Expenses Incurred with Non- Participating Providers A. Notice of Claim. Written notice of injury, sickness, maternity or any other condition for which an individual claim may be made must be sent to NTMC within 30 days after the date of any service or supply for which NTMC is liable hereunder or as soon as reasonably possible. Notice given by or on behalf of a Member, with information sufficient to identify the Member, shall be deemed to be notice to NTMC. NTMC, at its own expense shall have the right and opportunity to examine the Member whose sickness or injury is the basis for the claim when and as often as it may be reasonably necessary during pendency of the claim, 8. Proof of Claim Written proof of claim, satisfactory to NTMC, must be furnished at its office, within 90 days after the date of such loss, Claim forms are available at the NTMC office, C. Payment of Claim All benefits will be paid upon receipt of written proof by NTMC. Where applicable, benefits under this Agreement will be paid to the Member. Subject to written authorization from a Member, all or a portion of any benefits due may be paid directly to the provider of the services. F'Q-1.20 -19- Section 6 Exclusions and Limitations A. Exclusions 'this Agreement does not cover any of the following: 1. A service for injury, condition, or disease for which the Member is covered by any federal, state, county or municipal worker's compensation law or employer's liability law or other legislation of similar purpose, or in a Hospital or facility owned, operated, or funded by a governmental agency unless a charge is customarily made, or any other service to the extent that the Member is entitled to coverage through any governmental plan or program, 2. A service for military service connected disabilities for which the Member is legally entitled to services and for which facilities are reasonably available to the Member. 3. Custodial, domiciliary, and convalescent care and other care which, in the ,judgement of the Physician, or Medical Director, does not medically require the facilities and services of an acute care hospital or Skilled Nursing Facility. 4, Services in connection with (a) mental illness or (b) long-term physical medicine and rehabilitative services (including long-term physical therapy), arud (c) abuse of or addiction to alcohol and drugs, (d) care and treatment of loss or impairment of speech or hearing, except as specifically provided for in this Schedule of Benefits or provided by supplemental rider, 5. Personal comfort and convenience items and services, 6. Experimental medical, surgical, psychiatric procedures, pharmacological regimens or other experimental health care procedures unless approved by the Medical Director and authorized by NTMC's Board of Directors. 7, Whole Blood or Blood Components. 8, Sex change operations and the reversal of voluntary, surgically induced infertility, 9. Services for the care and treatment of intentionally self-inflicted injuries. 10. Outpatient Hospital Services (including Emergency Room Services) and associated expense during normal Physician office hours, unless arranged in advance by a Participating Physician or unless necessary to avoid jeopardy to the life or health of a Member. 11. Medications prescribed on an out-patient basis, unless covered by a rider to this Agreement. 12. Services for which plastic surgery or other services are indicated primarily for cosmetic purposes except reconstructive breast surgery. 13, Dental care and dental x-rays. 14. Artificial aids and corrective appliances, such as braces, corrective lenses and eyeglasses, hearing aids, and prosthetic devices, Non-experimental permanent internally implanted devices such as pacemakers and hip joints are covered. 15. Durable medical equipment when used outside an acute care hospital or Skilled Nursing Facility, including beds, oxygen tents, and wheelchairs. 16, Physical examinations required for obtaining or continuing employment, insurance, or governmental licensing. FQ-1.21 -20- 17, Occupational Therapy 18, Routine foot care. B, Limitations The rights of Members and obligations of NTMC Participating Physicians, Participating Hospitals, and Referral Physicians hereunder are subject to the following limitations: 1) Major Disaster or Epidemic, In the event of any major disaster or epidemic, Participating and Referral Physicians and Participating Hospitals shai'c render medical services and arrange for hospital and other services insofar as practical according to their best judgement and within the limitation of such facilities and personnel as are then available, NTMC Participating and Referral Physicians, and Participating Hospitals shall have no further liability or obligation for delay or failure to provide medical services or to arrange for hospital services due to lack of available facilities or personnel if the shortage is the result o-F such disaster or epidemic, 2) Circumstances beyond NTMC's or Participating Physicians' Control, In the event that due to circumstances not reasonably within the control of NTMC or Participating Physicians, such as complete or partial destruction of facilities because of war, riot, civil insurrection, labor disputes, or similar causes, the rendering of medical services and arrangement for hospital services hereunder is delayed or rendered impractical, neither NTMC, or any Participating Physician or Participating Hospital shall have any liability or obligation on account of such delay or such failure to provide service. CLINICS, First Texas Medical Center - Lewisville First Texas Medical Center - Denton 500A West Main Street 2509 Scripture Lewisville, Texas 75067 Denton, Texas 76201 APPOINTMENTS: APPOINTMENTS, Family Practice (214) 436-9721 Family Practice (817) 566-6757 Other (214) 436-9741 Other (817) 565-9300 Answered 24 Hours-(214) 221-2589 Answered 24 Hours (817) 382-2521 First Texas Medical Center - Carrollton 3114 Denton Road Carrollton, Texas 75007 APPOINTMENTS; (214) 492-9210 Answered 24 Hours (214) 492-9444 HOSPITALS Lewisville Memorial Hospital Flow Memorial Hospital 500 West Main 1310 Scripture Lewisville, Texas 75067 Denton, Texas 76201 (214) 221-1583 (817) 387.5861 FQ-1,22 -21- CONSULTING PHYSICIANS PRIMARY CARE PHYSICIANS ,,REQUIRES A REFERRAL) FAMILY PRACTICE GENERAL_ SURGERY Marc A, Armstrong, M.D. Harry M, Burgess, M.D, Thomas 0. Blucker, M.D, James A, Conyers, M,D, L. R. Byyrd, M.D. Arvin D. Short, M.D. Conrad M. Garcia, M.D. William Hatton, M.D. Isaac M. Gans, M.D, Douglas B. Hagen, M.D. INTERNAL MEDICINE John J, Jeh1, K.D. James H, Jones, M,D. Jitendra N. Bhatt, M.D. James R, Jones, M,D, Emmanuel F. Dessi, M.D. Elizabeth T, Kondracka, M,D, Edward N. Kremer, M.D, James R. Long, K.O. Charles H. Wahlert, M.D. Harvard McBrayer, M.D. OTOLARYNGOLOGY ENT Terrence L. Moore, M.D. Timothy S, Shepherd, M.I1, Dale G. Swanholm, M.D James P, Albrite, M.D. , Eugene 01, Taylor, M.D, Joseph R. Williams, M.D. Mary Sender, M.D. PATHOLOGIST Irene Tayem, M.D, OBSTETRICS/GYNECOLOGY Richard C. Burgess, M.D. Michael C, Burgess, M.D. RADIOLOGY Stanley F. Franklin, M.D. Jules P, Brown, M.D. Robert J. Lee, M.D. Albert Thibeaux, M.D. > Suhas D. Mantri, M.O. Eugene Hunt, M.D. UROLOGY PEDIATRICS Kenneth A. Goldberg, M.O. John Cuchia, M.D. ORTHOPE01C5 Kiran Harpavat, M.D. - Mark W. Holt, M,D. William Sanders, M.D. Gregory L. Jackson, M.D. Richard Williamson, M.D. David 0. Johnson, M,D, John Anderson, M.D. Russell D. McDonald„ M.D. Arthur Terry, M.D. Frank T. McGehee, M.D. Charles Hopkins, M.D. Thomas Grubb, M.D. Richard Rivera, M.D. PSYCHIATRY Rebecca L. Walker, M.D. CONSULTING PHYSICIANS N. Vasavada, M.D. (REQUIRES A REFERRAL ALLERGY RHEUMATOLOGY Bediola Badie, M,D- Edward Velayos, M.D. ANESTHESIOLOGIST VASCULAR SURGERY James A. Kendall, M.D. James Palermo, M.D. GASTROENTEROLOGY Barry Sanders, M.D. FQ-1.23 (12/82) -22- ' + 444.... I £rt~ 1:'I r111 ..-..w j,.,.•~"I/ '~i1N~ 1 J v, 1 1 I,LuRMI,I 11, 1 LAI 41, 1. I bi ~I ' HMI} L'. , 111a L.7 'I I ~ y 1 ' 'lu»wwr -.___.I. .I T 1 ) HI S 1 \ 'u Iw ""1 AI.INN. f .r riNA NI Nr IN / NIN ~'1 1/ '•I.1<. I I u=A 11 ! rIM, + ' ~.i•MI/ ~~IiM} IF. 15 ~I11/ I I 1 1 .w F- L1 III i , Ly' 111 1 r,111rrY,w I1r,IM • IIR 1` Llf11 .11 MYM,NN{.Y } r1R-. y.w rw Nr rl 1 IIIy~.1 1 gMIA 1111' 1 •1 I~A,It1f 1P 51 Fyn I Irl.f+l /11}'` L' fi , Zs-.T'll 1 r1 1 ~ 1~+-- 1"(',1 '1., f• Ar IM Ago. I ` 4 . .A, 1 1 11~ i ' (IY~ r ll't*;. IAN ar+ 1 , 1 111 I !11 4%'. ._.r Inllu. ' M,YI! , • . r F I~ 11 «[H ,~t j 1 V 1 1- • ' / /AMWI~~r `~1µ_ - '~+1s, --~111~ I ~ MIr r ~ ~ Jgq)i 1 f ~ `.,CAjtwS y ~ 1 1r NN7M1 1 I' '.1 Iuel uUr 1 Imo' __J F G1 IIIN tM, 1 ~q 1. .r~~~~' Y.••n ~ I~~ 1 : ~ ~~II1~ I \IyW .~1 1, I.v~~Y~"' _ !✓•i-~...1 I i wr w.1 1 I ~ ~ Nii _ L~ I 1 ` I .r1 In 1" ~prrn~ 11 r, rl.l NU 1.+rrn 111 III } l1 hr Ilw rw I'll l1 1'1, IA.IM +lll it rtll .M`T ~lr HtlY A111 I n 1 I Vh ANr .~1 1, ''.ry sa 1 , ih..wn 5 i . M.Yw toN,'~ Ilt A•M I`I ~rt, rMl '1.-. ..1.... 1 V I 1 ._.,..IUR 'i~ '}i l~Nrgll .L r,u l,I 'r WI i -."Til. In ln. ui • r,ry1•:• N~I~t'+ ' i III J/ b1•NIN 11, 1` yr H) A11I1 I)v-%.' ' ~LAHd. ' 1 1 I 111}. 1 r. ! MIMI6 1l\ ) if 1TTT 1MnN r~ `1 •v' ~ h 11,') IN IINAI'J'.1'IN[' ..'(I /~..Myyyllj _ h.rwI .♦'J1~1: •Z;-!r..~. f it , ~'•11 ,.1 1 l11f n f ....u _r..r w.ll.. 111. _..yraw n.. I Y►A M.1, I NrtrAll A ~I rNg1114 'n l »I\l 11' 1 1 1 ~1 f 1 I ~u I _'(Ii„ r 'v ' - •~'Irr { .n ~ • 1 1u,idep1'«{' • r .~Al %Nr„111} ` ~ I J X11 ANf M1\\~1✓ "`-~_.1w 1. `1 1}1} _ ..•1 _ '~-1 -I 1 j 'h111151 III! ~I I11 1 I1V 1/ I~ V~ A -•'i1. 1111 .r I jIN4N1111U5.1,, S \i lil• l+ I I S \ \ • N\IIHII I' II I ,Yuji. rVO i/ ! ♦ Il11nl 11 11 1.. .1 r:111.Y11'1'NN 'r'P 11 n./ , ► 1 "~t 1 •~wl "I~r . FIRST TEXAS MEDICAL CENTER - DENTO}h ,lAl~((ll'Ny I «r 111....,.r~ i5'+rIN FLOW MEMORIAL HOSPITAL - DENTON D) r i,. w111 'i t_. .,«,r.r 1fYix ~•..rrt `till :r\, „ ~,k'.,,"__ ' ; LIRSS TEXAS MEDICAL CENTER - LE41I5'1,'TLLE Q ~ ~ f.' 11Aw/r .1111 A~11-~ ''l1A Itl ~ IR „ N1ti., EWi VILLE MEMORIAL HOSPITAL - 1 It N j,r N f V' ✓r411 ul l { . InALL r' FIRST TEXAS MEDICAL CENTER - CARROL.1 TON 1 , 1 ni _ e} lHT'i, Il'~ r. .11w1 ~.u. r~ 'lid y' I 'IHI W1 I'll 111111 ~ I `r' IIIN. N A~ rwe „ { 'AAPLS!'_F I', 1'Ih1WNl~l1/1'tr`y9i I{ f d.r NORTH TEXAS MEDCARE, INC, PRESCRIPTION DRUG RIDER TO GROUP SERVICE AGREEMENT In consideration of the premium to be paid, the North Texas MedCare, Inc„ ("NTMC"), Group Service Agreement is hereby amended by the attachment thereto of this Rider, 1. DEFINITIONS 1.1 "Prescription Drugs" means drugs, biologicals and compounded medi- cations the label of which, under the Federal Food, Drug and Cosmetic Act, as amended, is required to bear the legend: "Caution; Federal Law prohibits dispensing without prescription". 1.2 "Prescription Order" means the request for medication issued by a Participating or Referral Physician, as defined in 1.4 and 1.6 below, 1,3 "Covered Drugs" means Prescription Drugs prescribed by a Participating or Referral Physician. 1.4. "Participating Physician" means any Physician who has entered into a service agreement with NTMC either as an individual or through a group to provide services to Members. 1.5 "Referral Physician" means a Physician to whom a Member is referred for Health Services by a Participating Physician with the approval of the NTMC Medical Director. 1,6 "Plan Pharmacy" means the registered and licensed Pharmacy approved by NTMC located at the First Texas Medical Centers in Carrollton, Lewisville, and Denton. 1,7 "Co-payment" means the amount which will be charged to the Member by the Plan Pharmacy for dispensing or refill of any Prescription Order. 2. BENEFITS: The Prescription Drug Benefits provided under this Rider shall be available for Covered Drugs dispensed pursuant to a Prescription Order for the out- of-hospital use of the Member. 2.1 The Plan Pharmacy will furnish such Covered Drugs without charge except for the co-payment of $3.00 for each Prescription Order or refill, 2.2 Other Pharmacies: The Member, upon submission of proof of payment acceptable to NTMC shall be entitled to reimbursement from NTMC, in an amount not to exceed 80% of the usual and customary charges, less the co-payment. The Member will be entitled to such reimbursement only if the following conditions have been met: A. The Covered Drug was purchased subsequent to a Prescription Order, or in the event of a life threatening emergency, the Covered Drug was prescribed by any Physician licensed to practice medicine; and OPD-1.01 g, The Member's life or health would have been endan *red had he/she delayed purchasing the Covered Drug until tt could be obtained from a Plan Pharmay C. The Member's Direct Reimbursement Claim Form for payment is received by NTMC within sixty (60) days of the date of proof of purchase. Claim forms are available upon request from NTMC, 2.3 If parmld CoveredaDrugewillcbeumadetbyithe PlanhPharmacyivalent to the prescribe 3. LIMITATIONS 3.1 Plan Pharmathe or other snot houdldsnotsbeai'llledription Order which, s- 3 2 c~i Ton Orderior Dexrugs requred for thirty-one (31) consecutive days, whichever is greater. required 3,3 will not be Substancesm the original date on the in accord with not to exceed five (5) refills or six months supply, Texas State Law). 4, EXCLUSIONS 4.1 Drugs which do not, by Federal Law, require a prescription, except insulin. 4,2 Administration or injection of any drugs except as specified as a basic benefit in the NTMC Croup Service Agreement. Partwcipating orwReferratePhysicianiption Order 1 4,3 Vitamins, except those and are prescribed by a 4,4 Devices or supplies of any type, even though such devices may require a Prescription Order such as, but not limi tedhto$ co niraceptive devices, therapeutic devices, artificial esP Service Agreement. a basic benefit ingthelGroupf their intended syringes, support t as or other devices use, except as specified 4„5 Experimental drugs and agents. 4.6 prescription Drugs not prescribed by a Participating or Referral Physician. 4.7 Drugs dispensed by non-Plan pharmacies except as specified in Section 2, Par 5. CONDITIONS UNDER WHICH SERVICE SHALL BE RENDERED 5,1 The Member'% theacy under when a member applies for benefits Member must b{s efi9ledeororereceive filled covered benefits at the time the prescription OPO-1.Q2 6,2 As a condition precedent to the approval of claims hereunder, each Member authorizes and directs any other Pharmacy which furnishes benefits hereunder to make available to NTMC information relating to all Prescription Orders, copies thereof and other records as needea by NTMC, NTMC shall ire every case hold such information and records confidential, 5.3 NTMC shall not be liable for any 1aim, injury, demand or Judgement based on tort or other grounds (including warranty of drugs), arising out of or in connection with the sale, compounding, disppensing, manu- facturing, or use of any Prescription Drug or Insulin Nether, or not covered under this Rider, 5,4 NTMC reserves the right to deny benefits for any drug prescribed or dispensed in a manner contrary to normal practice, 5.5 The terms and conditions regarding method of premium payment are set forth in the Group Service Agreement and the premium rate to be charged for covered benefits described in this Rider. Except as expressly stated herein, nothing herein shall be held to vary, alter, waive, or extend any terms, conditions, provisions, agreements or limitations of the NTMC Group Service Agreement to which this Rider is attached, IN WITNESS WHEREOF, NTMC has caused this Rider to be signed by its duly authorized agent, NORTH TEXAS MEDCARE, INC, B Y hief 'Executive Officer NORTH TEXAS MEDCARE, INC. 2515 Scripture, Suite 205 Denton, Texas 76201 OPD-1.03 u~ March 130 1084 CITY COUNCIL, AGENDA ITEM SUBJECT! Consider Englneering Services Gontraot with Freese and Nichols, III Cfor an Expanded Hobson Street Lift Station, SUMMARY: duce tite economic recovery began in 1082, the City of Denton has experienced a tremendous trowth of single and multi-family housing construction. One of the Iiighest concentrations of this growth has taken place alonb Drive and Teasley Lane in the vicinity of We Holiday Inn and west of Souturidge ;subdivision. Approximately b00 area s ilavo been connected to tt utility system in this with approximately 900 moreUnits undr construction, Tile sanitary sewer line which serves this area along Teasley Lane from I-35 to Hobson Street Lift Station is only an 6" increasing to a 1011 size which is inadequate to accommodate the loading which is forthcoming this year, The Hobson Street Lift Station, into which this sanitary sewer flows, then pumps the effluent away to the Wastewater Treatment Plant, This lift station is also approaching its peak pumping and wet well capability, it is urgent' that the Hobson Street Lift Station be expanded with essentially a new larger wet well, pumps and associated electrical service to keep ahead of the development causing this larger sewerage demand. In addition, a larger sewer interceptor of about 15' diameter is heeded along Teasley Lane from Londonderry to 110°0sou Street Lift Station to increase the flow capability of this area served. T[iis interceptor will be scheduled in the FY 84-85 CIP due to insufficient funds currently available. Design will be in-house, This project will. also relieve s,ne flow bottleneck at Duncan Street, Freese and Nichols, Inc., has estimated the cost of this lift station at $130,000 and the gravity interceptor at $150,000. Tlie lift station project is included in the 1<Y 63-84 Gill; however, money amounts will need to be adjusted after bid opening; to reflect contract price, The Scope of Work which Freese and Nichols, Inc., Consulting Engineers, proposes (see attached extfibit) would be as follows: Hobson Street Lift Station 1. Determine line and outfall hydraulic limitatioi:18 of tile existing the Hi,kory Creek Interceptor. 2851U»4 Conduct a preliminary study withh City of Dun toll personnel to determine the maximum probable waste flow from Clio service area to the lift station, to establish lift station design flows, 3. Prepare plans and specifications for the expansion of the Hobson Stroet Lift Station, Consideration will be given to the utilization of Cho 1979 design for the lift station, as much as practical, while examining the use of pre-packaged equipment utilizing submersible pumps, u. Advertise the project, assist the City in receiving bids, evaluate the bids received, make recommendations for contract award, and conform documents for contract execution, 5, Conduct pre-construction conference and perform normal administrative functions, including periodic site visits, pay estimates, shop drawing review, etc., during construction. Work on lift station would begin immediately upon receipt of authorization to begin. Design and preparation of plans and specifications will be completed within sixty ;60) days. FISCAL SUMMARY: The Cost for engineering services proposed by Freese and Nichosl, Inc,, is: Hobson St. Lift Station $152200 Inspection of construction will be performed in-house. Source of Funds; Bond Funds ACTION REQUIRED: Recommendation by the City Council of appropriate action regarding engineering services contract with Freese and Nichols, Inc, AL,TERNATIV ES: Approve, disapprove, or Modify. 'Lt35?.U-5 RECOMMENDATION The Public Utilities Board, at their meeting of February 29, 1984, recommended to the City Council entering into an engineering contract with Freese and Nichols, Inc,, for evaluation, preparation of plans and specifications and bid documents. Respectfully, R.E. Nelcon Director of Utilities EXHIBIT I Letter Proposal from Freese N Nichols, Inc. Subjeet; Proposal for Hobson St, Outfall Sewer Improvements II Proposed Engineering Agreement Contract w/Freese & Nichols, Inc. III 1983-84 CIP IV Map of Hobson St, Lift Station 2851.U-G woN W F"" P.R A=91 A. NION ~ p p pp pp gq Dy 1` rr yy rr rtp+ ne IT R got L. Rit,~A K P 1 JONSSNRS. P.B. ~ R rAyL P.A. i A A 1? D A 11 II 1 V Q 3 ! i~ C AoM A7 p~A1' A, rwowrtoN n,. , a HN 4040K - C A N S 4 k T I N 6 8 N G 1 N 8 8 R $ T. AWw. THONY NY A rtlp.. • T. AN, P.R. 0015[ 0 AI.LRN.lirt, February 13 1984 w. 9NNKST akicMeNT, P r 0. oaf CLA.Na' P C. OAAIY N. RR"" PC r Mr. C. David Ham, P,E. Assistant Director of Utilities City of Oenton Municipal Building Denton, Texas 76201 Re: Proposal for Hobson St, Outfall Sewer Improvements Dear Mr. Ham: We are pleased to submit this proposal for the preparation of plans and specifications for the construction of a new lift station to replace tie . existing Hobson Street Lift Station, and the construction of a gravity line from the Londondary Lift Station to the new Hobson Street Lift Station. Based upon our discussions with you, we propose the following scope: PART A - Hobson Street Lift Station 1. Determine hydraulic limitations of the existing discharge line and outfall line to its conjunction with the Hickory Creek Interceptor, 2, Conduct a preliminary study with City of Denton personnel to determine the maximum probable waste flow from the service area to the lift station, to establish lift station design flows, 3. Prepare plans and specifications for the construction of a new lift station to replace the existing facility. Consideration will be given to the utilization of the 1079 design for the Lift Station, as much as practical, while examining the use of pre-packaged equipment utilizing submersible pumps. 4. Advertise the project, assist the City in receiving bids, evaluate the bids received, make recommendations for con^cract • award, and conform documents for contract execution. TELEPHONE 817 336.7161 all LAMAR STREET PORT WORTH, TEXAS 76 103 i David Ham- %ge 2 • 'sbruary 13, 1984 5', Conduct pre-construction conference and perform normal ad- ministrative functions, including periodic site visits, pay estimates, shop drawing review, etc., during construction. 6. Provide full time on-site field representative to perform daily review of work in progress, as outlined in Attachment "A", if requested by the City. 8_ - Gravity Interceptor 1. Prepare plans and specificrations for the construction of a gravity interceptor to carry flows from the Londondary Lift Station to the new Hobson Lift Station. 2. Advertise the project, assist the City in receiving bids, evaluate the bids received, make recommendations for contract, award; and conform documents for contract execution. 3. Conduct pre-construction conference and perform normal ad- ministrative functions, includng periodic site visits, pay estimates, shop drawing review, etc. during constructions. • 4. Perform construction staking of the interceptor during con-, struction to provide horizontal and vertical controls for construction and aid in evaluating payment estimate quan- tities. 5. Provide full time on-site field representatives to perform daily review of work in progress, as outlined in Attachment "A", if requested by the City. If both parts are to be con- structed concurrently, an attempt will be made to perform field representation for same personnel. would propose to begin work on Part A immediately upon receipt of ithorization to begin and to begin Part 8 after the preliminary study ' design flows has been completed. Design and preparation of plans and )ecifications for both parts will be completed within 60 days. propose to perform our work on a cost times multiplier basis in :cordance with the attached Schedule of Charges, with cost, not i.n- uding Resident Field Representation costs, not to exceed the fol- )wi ng, Part A $15,200 Part 8 $18,400 sts for services of a Resident Representative are not included, though these services will be provided on the same basis if requested. C. David Ham Page 3 • February 13, 1w As requested, we have made a preliminary estimate of the capital con- struction cost of these projects to aid you in your decision to under- take these projects, These estimates are based on an escallation of the costs prepared for the 197,6 report for this project and should be up- dated based on the present project and today's construction costs, The cost estimates are; Part A Hobson Lift Station $130,000 Part B - Gravity Interceptor $1503000 We appreciate the opportunity to submit the Proposal for your con- sideration. Please call if you need additional information. Respectfully submitted, FREESE AND NICHOLS, INC, Robert L. Nichols, P,E. • RLN/CI4V: bg Enclosure FREESE AN0 NICHO 5 I NC. Schedule of Charges Special Services 'Staff Members -Salary Cost Times Multiplier of 2.3 Salary Cost is defined as the cost of salaries of anginsers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for time directly chargeable to the project, plus social security contributions, un- ea,ployment compensation -insurance, retirement benefits, medical and insurance benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.39 times salary pay- ments. This factor is adjusted annually.) Other Direct Expensg Actual Cost Times Multiplier of 1.15 Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence, away from Fort Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff members. June 1982 ATTACHMENT A Duties, Responsibilities and Limitations of Authority of Resident Project Representative A. Getters!. Resident Project Representatlve Is ENGINEER's Agent, will act as directed by and under the supervision of ENGI- NEER, and will confer with ENGINEER regarding his actions, Resident Project Representative's dealings In Mato rs pertaining to the on-site Work shall In general be only with ENGINEER and CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with OWNER will be only through or as directed by ENGINEER. B. Dntks a»d ReopoasibillUes. Resident Protect Representative will: 1. Seheduiest Review the pnegrass schedule, schedule of Shop Drawing submissions and schedule of valuos prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. • 2. Conferences; Attend preconstruetion conferences, Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings. and. maintain and circulate copies of minutes thereof, d. Liaison, a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superinten. dent and assist him in understanding the Intent of the Contract Documents. Assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWN ER's on-site operations. b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 4, Shop Drawings and Samples: a, Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b, Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commenrament of any Work requiring a: Shop Drawing or sample submission if the submission has not been approved by ENGINEER S. Review of Work, Rejection of Defecrive ftrk, lnsperth,ns and Tests.- a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding In accordance with the Contract Documents and that completed Work will conform to the Contract Lbcuments, b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defectise or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment,, and advise ENGINEER when he believes Worst should be corrected or rejected or should be uncovered for observation, or requires special testing, inspectio,r or approval. c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRA(" TOR mointuins adequate records thereof, observe, record and report to ENGINEER appropriate details relative to the test procedures . and startups, d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. record the outcome of these inspections and report to ENGINEER, Q 1979 by National Society of Professional Engineers, 2029 K St., N.W., Washington. D.C. 20006 NSPE/ACECIASCF Publicntion No. 1910.1•A 1979 rdition 6, Inferpretatlon of Contract Documents: Transmit to CONTRACTOR ENOINEER's clarifications and inarpret kM$ of the Control Documents, 7, Modoeatlons: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Spoclacuions, sad report.thsm with recommendations to ENGINEER. d, Records: a. Maintain at the job site orderly files for corrvspondenve, reports of job conferences, Shop Drawings and samples submissions, reproductions of vrlginai Cnntrut Documents including all addenda, chart a orders, field orders, addi- tional Drawings issued subsequent to the execution of the Contract, ENGINEER's clagfications and Interpretations of the Contract Documents, progress reports, and other Project reiatcl documents, b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations In general and speolAc observations In more detail as in the case of observing test procedures, Send copies to ENGINEER, o. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major supOlers of materials and equipment, 9, Reports: m Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'scompliance with the approved progress schedule and schedule of Shop Drawing submissions, phases of h to important b, Consult with ENGINEER in advance of scheduled major tests, Inspections or start of work, c. Report Immediately to ENGINEER upon the occurrence of any accident. 10, Payment Requisitions: Review applications for payment with CONTRACTOR for enmpilance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particulariy their relmlon to the schedule of values, Work completed and materials and equipment delivered at the site but not ineor- posted in the Work. 11, Certificates, Malnrendnee and Operation Manuals,, During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior. to Anal acceptance of the Wott, 12. Completion. a. Before ENGINEER Issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b, Conduct Anal inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a Ana: list of items to be completed or corrected, c. Verify that all items on Anal list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitadoos of Authority, Except upon written instructions of ENGINEER, Resident Project Representative, 1, Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipnwmt, 1. Shall not exceed limitations on ENGINEER's authority as set forth in the Contract Documents, 3. Shall not undertake any of the responsibilities of CON rRACTOR, subcontractors orCONTRACTOR'ssuperintendent. or expedite the Work, d. Shall not advise on or Issue directions relative to any aspect of the means, methods, ter-tniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. 07. Shall not participate in specialized held or laboratory tests. M PW - by Er~fnwn' Je,m Comex, Doc ~41 Cerr„m,t" h %Md0w1Vby: Profefwn+aEMlnrenMMtiuAx,ko,~pnetke diwwon a/, be N~,wn,J tiorwYOf Prolef~anN Fntlne~rr Anwner, CanwNrn*Pnyneen Cow+.d.nw.A: r, S,r»,f oariVdF P W w THE STATE OF TEXAS § ENGINEERING SERVICES COUNTY OF DaNTON § This contract entered into this day of , 1984, by and between the City of Danton, Texas, hereinafter called the Owner, acting by and through Richard 0. Stswavt, its Mayor, duly authorized to act, and Freese and Nichols, Inc., Consulting Engineers, Fort Worth, Texas, hereinafter called the Engineer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1. Employment of Engineer: The Owner hereby employs the Engineer and the Engineer agrees to perform all necessary professional services as herein set forth in connection with the engineering services relating to the expansion of the Hobson Street Lift Station, Part A, It. Character and Extent of Services: The Engineer shall perform professional engineering services comprising a study of flows and preparation of construction documents expansion of Hobson Street L_.ft Station, Part A. III. Scope of Services: The scope of work shall include the following: A. Determine hydraulic U,mitationr of the existing discharge line and outfall line to its conjunction with the Hickory Creek Interceptor, 8. Conduct a preliminary study with City of Denton personnel to determine the maximum probable waste flow from the service area to the lift station, to establish lift station design flows, C. Advertise the project, assist the City in receiving bids, evaluate the bids received, make recommendations for contract award, and conform documents fo: contract execution. D. Conduct pre-construction conference and perform normal administrative functions, including periodic site visits, pay estimates, shop drawing review, etc., during construction, Work will be performed on a cost times multiplier basis, in accordance with the Schedule of Charges as set forth in Section V herein, with a not to-exceed cost of $15,200, H08SO'4 STREET LIFT STATION EXPANSION-PART A-PACE 1 IV, Time of Completioni The Engineer shall begin work on the lift station immediately upon receipt of authorization to begin. Design and preparation of plans and specifications shall be completed within sixty (60) da;rs. V. Fee; A. The Owner agrees to pay the Engineer for all services rendered under this contract in accordance with the Schedule of Charges as follows, with a not to-exceed cost of $15,200 without prior approval from the City of Denton. 1. Staff Members; Salary Cost times Multiplier of 2.5. Salary cost is defined as the cost of salaries of eagi- nears, draftsmen, stenographers, surveymen, clerks, laborers, etc,) for time directly chargeable to the project, plus social security contributions, unempl:y- ment compensation insurance, retirement benefits, medl.cal and insurance benefits, sick leave bonuses, vacation and holiday pay applf.cable thereto. (Salary cost is equal to 1,,, t mas salary payments, This facror is adjusted annually,) 2. Other Direct VMS 0: All other direct expenses s"aII be c arge at ac post times multiplier of 1.15. Other direct expenses shall include printing and reproduction expense, communication expense, travel, ,transportation and subsistence away from Ft, Worth and other miscellaneous expense directly related to the workI including costs of laboratory analysis, test, and other work required to be done by independent persons or agents other than staff members, 3. Payym~ent~: Payment will be made on statements submitted 5y We Engineer, Statements shall not be submitted at intervals of less than uae (1) month, VI, Successors and Assignments: The Owner and the Engineer, each binds himself, nis successors, executors, adminf9,_r,a,-.7s and assigns of the ct.er party to this Agreement, he successors, executers, administrators, and assigns Cher party in respect of all covenants of this Agreement. Noither the owner nor the Engineer shall assign, sublet or transfer his interests in this Agre®ment without the written consent of the other. This Contract is executed in three counterparts, HOBSON STREET LIFT STATION UPANSION-PART A-PAGE 2 IN TESTIMONY HEREOF, the parties have executed this Agreement, the day and year first above written. CITY OF DENTON, TEXAS FREESE AND NICHOLS, INC. BY: BY: RICHARD 0. Tr; FRT%_ MES R. , , FRESTGEQT ATTEST: WITNESS: PRAY BY; - CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS N J BY: ROBSON STREET LIFT STATION ENPANSION -PART A-PACE 3 1 ' 1 ♦d,iH+l «IPU.II .-IVY-•q w. lu i.. r1N •1~ rn CAPITAL IlN'R11YfJIFNT PLAN WAICA AND WASTEWATER UT1111R IOUJ-04 PROJECT PROJECT REVISED AfCUIRI R 1403 AM u: IIONU CURRENT AID IN ~ LOYAL Ck AlJfif 3111 UE awsyglicy AID { IF GAIAJITS AfgJr~gfJPP Y a 84-IJN c"'Ishud W ter Pump 426,000 (+200,000 •1 oPldcu 4 F~llte• Bed Modla b0,On0 426,000 0 0 0 G 84-WP-3 kaw Wdtor Pump each 0 86 i60 000 (`30'000'2 60,000 0 0 0 B4•WP-6 POWJI'llne/Raw Wator St tton 150,000 p 0 0 0 ni4o4 ~G,n44 4 4 4 -s~s,aaa x675,aaa G , ! C EllW~! 04 ~'•}aOrsizo W larllnes 150,000 (+76,000}.{ 160,000 04 14 2 Miscellaneous Now waterlines 25,000 0 e p 84•W-3 84-W Wtr Tiwt Pit/1200/Unly Art Wtrln 0 2b,00U p 0 0 r, •4 Roplaco 11111crost St. Waterline (-131,b00]-4 p 84•W-b Payno 4rIYO Wator)ino 49,b00 49,600 0 0 04 W-d Aoplaco Crostwood-wilspnwood 0 (-130,000] 4 0 p H Natoriine 11,300 (+100]-1 11 3oO 04 14.7 9004C4 Urupp Slruot 114iorllIne + 0 0 0 0 14 1 81-W 8 11~PIace Nidorson Stl Waterline 12,600 12,600 0 0 A 84-14•? Replace TuXAS Stroat waterlino 10,000 10,004 0 G G 04-W-10 10 llepldee Fannin Stroat waterlhle 10,000 10,000 G 0 G ,000 100000 p 0 0 04-W-11 Oohton St School waturliae 0 8 G 4.14.12 water Ta s toopps Meters (-41,600 -4 0 p 84 •W>13 Ilobllu Equii4wont - Nato). I t31,6W 1#6:600 -1 0 0 131,600 Aislribution 84 -14 3 136,60(1)j-26,060.2 O 0 p .11 iJabi{a fqquipment - Mater Shop l 26 000 140,600 0 36,000 84 W-Ib kopptaco Nin~Jo Noad Watorline I,7U (+6,700]•3 0 200 p 0 2,000 0 84-W-16 t-35 Sorvica Road witeelino G 84.14-17 0avld FSilkoy IJatorlino 10,000 1410,6031-3 10,000 ;70 0 84-U-18 Aoaird/Cuslui.sn 11,000 4•3 11,060 30'000 0 0 p 04-W~IA kupidco TulSne st, wateritno '000 +30,000 -3 30,Oo0 a 0 0 84•W-20 lnsldll Flow Control Yalvo 13,300 +13,300 •3 0 13,300 0 0 11 84-W•21 Aeplaca Watortlno for Panhandle 10'000 1+101000 -3 10,000 p 0 0 Urainapa &JA-300 j+64,300]•3 -3~3`ua(f - 0 0 0 I T3T;~Ob ll t ~ tncroase 3 > flow R M 3~;t)D•6 7~ 2 u Roduction 4 0o{utu 2b66U/i ~ Acv. 12 -87 0'1 r r ' I CAPITAL 114PRO MWT FLAW WATER MD WASTEWATER UTILITY i RFVISEq OECE111411 1903 Per puaiECT D P TO AL C AR 'ES FUONO ND wREWllT f.0 UGO OW 0 E GRaANTS B/~S-2~HIyyors1io' Sowerltnes 100,000 + r - 0 •S-3 Ulscellanoous Dow Soworlinas [ 26,000") 1100 UUp 0 i S. ill l1wa 300 Sewcrlino 26,000 26;000 0 0 0 I Q0 -S•§§1 kopplace Fannin Stl Sewerline 111 100 0 0 0 0 1 17,100 tl 0 8- •a A rinn yow' $ a Line ,100 0 0 1 Port S 0 42,008 [`60,9001.) 0 81•S-7 Sowar Taps 36,600 42,000 0 0 0 BS-S-A Wbi a Fqulhaant - Sewer o 0 35,500 0 04 0 I Co~I ctlon b3, 900 0 .5-9 Ruplppln0 OoLson Lift Station (-16,1tl0 -2 0 260900 0 286000 I 84-S-10 Ellainate Oottloneck on 04118y 100'000 (+100,000]-3 100,000 0 0 0 II at Wilson/korso/Uuncan Streets 30,600 0 84-S-I1 Review and Wd to Cooper f+30 ,0001,•3 30,000 Q 0 0 Croek Lift Station 60,000 0 84-5-12 Ruplace Seworllno Panhandle 1+60,0001-3 604000 0 0 ylreat Dralnaoo 0 0 76 000 [+78,000}-3 4800 p 0 + `31f IS; i'bb S~, y011 -3et; Aii6 ~`6; 5Ti6 D 84"161-3 an e1~aLllltatian i7,60U M4-1111- kiscellaneous loproveamnts 12,600 0 17,600 0 0 4 kLblld 84 worlEqut{{rocnt 12,600 12,600 0 0 -WW-S Po{na/hickory crack 0 12,600 0 0 0 1.11t Station 0 0 0AWO 40000 0 0 0 5Q6 --S2 0 sac c ila~~~Lora apY ~ ~l""`-"Ca6~o~prove~rwu is 84•kL-2 Lab Equlµuont 11200 81`1111.•3 lioLllu FilulWaonL 9,300 0 16200 b,pD 0 0 0 11600 3,300 0 0 "]~,ii611 0 4, 0 n COW 0 1 • IIICYadSe 3 ■ flow ~ I 2 neductioit 4 • Mau I} 266SU/2 Rev. 12-00.83 1 I • « . 1 I I cArlTAI. IFIPROYEIIEIIT PLAN f WATEA AND WASTEWATER UTILITY I^ REVISED 4UfwifiE$uj 013 PROJECT PROJECT ~M1Dffl Rl uo UAL ClIU~I'kS 00ho CURRENT AID IN q! F. Y for u urTcny Eli A 9, s eshrack -SoroIca Cantor U ~20,OOA~•1 81-W/S•2 Covered Waliicle Sllod$ I el•W/S-3 1"114 EIuI 0 -60,000.4 I $;•W/S•4 Hlscoilaaoous diflco j EnOr. 74400 f-606 -2 D 1,000 0 3,100 Equlpmnt/furniture 0 '000 0 16,000 0 0 D;-W/S•6 CItY 11411 Ronovatlon 16a 000 600 0 D , VIAL 1063-84 CAPITAL IMPROMIENTS 2,127,800 I,46b,00D 226,600 147,100 68 400 D i i I I 1 I t T Increase 3 - New 2 • Ruductlon ; • Dolete 2655u/3 Row. 12-00-03 ,'S'•~'" y + rtew Ali M;., `"`f ,I \ i Norte, rr.' _.:•e-•-~.. • I~ I C I l►O W U ~ . a , I jj} , I ; 1 64 I L'I C:: .A, FYI IFS J . I I II i l ) y d 1, ..4 ~ •W" i ~ /Cw 19, `.x,1.4 y,~ ' Ir k-1 WISP` A ,,JJ~~//~ # 1 4! ,r t 1~`T'rj . I Rr f( '+f '.~I ' iQ,l S► + I y KAW row n ter, .,r',,1 RI /aw 3~ wow 44 HOW Now to 1 t ~q v lk_ \r~ rl~ ~„L. VII...,. ..•:.1\~ 1 V I - ~r ' \ ` .I' IoW as +I t,~ i+•MY OoY MN ~ ~'d f ~%:~I ~ !•oW !1 ' I .r»~. a., \ ..I + xow 27 + •t MCII 7j1.. / V I i A I „ is / It- 4h 'A . OW 14 1 `Mw If Ow to 44 1, IXaw 4 \ r r. + N6w r Isms It He 00 . U111~/ /acurr/utrlw Public Utilities Board Minutes February 29, 1,984 CONSIDFoR ORDINANCE CHANGE TO RE DIRE DEVELOPER OWNERS OF NEW S i13-DI I S OR PLANNED DEVELOPMENTS A;. t D-8 GROUND 'L!. KICAL CONDUIT SYSTEMS '11 LIEU PA I, r DY 'r'EKEN' IAL E T I A E BETWE89' O 'K AND IJND C, ; u os addressed t e Boar on this item saying at tna' present ordinance requires that a cost estimate be made for each use where a developer wishes to consider underground in lieu of overhead, and if the developer decides to use the underground system, he is then charged the differential cost, Under this system, Tullos said, the installation is performed by our City crews. Tne proposed ordinance change would relieve City work crews of the burden of installing underground service conduit in exchange for relieving the contractor of responsibility of the differential cost payment. Tullos said that his analysis indicated that the cost of installing conduit systems closely approximates the differential cost now being charged, and that t1'.1S ordinaoce change would free utility crews to perf:Irm much,-needed maintenance and extension of the system proper-, Herring asked if this was the appropriate time to consider the policy issue whether the electric system should require developers to pay for all electrical distribution extension development costs, and then have the electric fund reimburse the developer as customers connect onto the system. Discussion followed during which Boyd indicated tier feeing that this item was related to a mach larger policy issue which rightfully was within the purview of the Board and not the staff. Other Board members also expressed their desire that the developer be made to bear the upfront costs. Loveless also suggested that the Board consider making underground service mandatory in new developments. After the discussion period, Loveless made a motion t;~Iat the Board recommend the City Council approve the proposed ordinance, second by Boyd, Herring, Coomes and Boyd (naye), Loveless and Laney (aye), motion failed. The Board then resolved to address the salient issjes pertaining-to this item in an upcoming meeting devoted to policy issues. No further action was taken on this item. 1 , COPSIDER ENGINEERING SERVICES CONTRAC'r WITH FREESE ft y, NI.CHOLS INC. FOP, AN EXPANDED HOBSON ST.2r".l:T LIFT STAT;Jtj; Ham reported to the Board on this item stating that the area served by this lift station had undergone substantial growth, and that the lift station is fast approaching its I peak pumping capability. Ham stated that the system design would be done inhouse, but that contract services would be required for the determination of hydraulic limitations of the existing discharge line and to determine the maximum `.185OU-5 Puolic Utilities Board Minutes February 29, 1984 robtible waste flow to establish lift station design flows. tam concluded by stating that the project is included in the current year of the capital improvements program. Herring made a motion that the Board recommend that the City Council approve the proposed contract for servicas, second by Loveless, five ayes, no nayes, motion carried, 131 CONSIDER PARTICIPATION IN OVERSIZE WATER LINE-12"-ON RIDGEWA.Y DRIVE TO SERVICE SOUTHRIDGE VILLA-GE OP CENTER: Ham advised the Hoard on this item saying that representatives of the Center had requested the 525' extension of water line and had agreed to pay for the cost of such an extension of 8" line. Ham said that by paying additional incremental costs and installing a 12j' line, the City could avoid future problems in the area for very little cost. A brief discussion followed after which Herring made a motion that the Board approve participation of the City in oversize of tho subject water line, second by Boyd, five ayes, no nayes, motion carried, 14. CONSIDER FINAL PAYMENT TO ED HLAYLOCK FOR UTILITY VCPARTMENT SLIDE PROGRAM: Nelson adv s-ed the Board Chat this ction would fulfill the City's obligation under the contract with Mr. Ed Blaylock for a video slide program. Coomes made a motion that the hoard recommend the City Council approve the final payment in the amount of $400 to Mr. Blaylock, second by Boyd, five ayes, no nayes, motion carried. 15. CONSIDER REVIEW OF POLICY ISSUES; Nelson addressed the Board saying that at its January 18, 1984, meeting, the Board had indicated it wished to address a few policy issues during each of its subsequent meetings. Nelson then asked the Board for direction, General discussion then followed during which the Board identified service territory, tie-on pricing, and quality issues as key concerns that it would address at a special meeting to be held at 7:00 AAf on the 14th of March, 10,84. No further action was taken on this item, lb, UTILITY DIRECTOR'S UPDATE; Nelson advised the Board that at the February 21, 1984, City Council meeting, the Council awarded the bid for a $1 million issue of utility revenue bonds at an interest rate of 9.196944/o. Nelson stated that Lhe Staff was pleased to obtain such a favorable interest rate, With no further business, Cnairman Laney adjourned the meeting at 11;00 PM. 28500-b March 1;i, 1981; Jo. CITY COUNCIL AGENDA ITEM SUBJECT: Consider Contract for Professional Services with Black and Veatch for an Operation and Efficient Improvement Study for Units 4 and 5 of the Electric rower Plant, SUMMARY: Denton is now and will be receiving 60-70N of its energy from Texas Municippal Power Agency's (THPA) Gibbon's Creek lignite unit and in the future from Commanche Peak nuclear unit also, This still, however, leaves 30-40% of Donton's energy coming from our own bas-fired plant or from other Texas Municipal Power Pool (TMPP) member citi+ss' plants. Wittt gas costs at $4.20 per million btu and a gettorating unit efficiency ratio of 12,400 btu per kwh oil our units, ttte cost of energy is 5.20 per kwti, If energy is generated on a TMPP member's unit at a meat rate of 1U,200 btu per kwh, ttieir cost is 4.34 per kwh, and wheu we split ttie difference in our economic dispatch arrangement, this cost is 4.754 per kWh to Denton. Considering that 30% of Denton's 1985 requirements of 557 million kwtis, 167 million hours must be generated either in Denton 's plant (estimated 55,000,000 kwh) or from ocner TMPP members (estimated 112,000,000 KWH). Any increase it) plant equipment efficiency can generate substantial savings. Saving 2% on 55,000,000 kwh at 5,24/kwh results it) a savings of $57,200 per year. Since our economic dispatch price is based on splitting the difference between the cost of energy on Denton's units and the sellers units, a 2% improvement in efficiency on Denton's units would result in a 1% lower cost on split-the-savings price. Tnerefore, a 1% savings on 112,000,000 kwh at 4.754 per kwh would result in a savings of $53,200 per year. Engineering experts believe that efficiencies greater than 1% and 2% can be achieved by modifications to Denton's Power Plant. Vie Staff has bripf?,y investigated with Black and Veatco various mettiods of effecting such improvements in ui-ficieticy. These can include such minor modifications, as repiping steam condensate drain lines, to adding additional recovery heat exchangers, to installing economical neat f recovery equipment in the exhaust stacks, to installing a gas turbine to serve as the forced air fan to ttte boiler which pr.ovidet: substantial supplemental heat for the boiler in addition to generating additional electricity itself. The costs of such systems can range from $100,000 to + several million dollars. 2851U-1 The Staff is proposing that an Operational and Efficiency Study be conducted to determine the feasibility of such modifications. We have requested Black and Veatch to submit such a proposal, a copy of which is attached, FISCAL SUMMARY; Estimated CosL $25,000 Source of Funds Acct. 11610-008-0250-8502 budgeted 50,000 Expended/Encumbered 0 Balance , Savings in fuel and economic dispatch purchased power could be substantial over the life of ttie generating units. ACTION REQUIRED: Approval or disapproval of Operation and Efficiency Improvements Study or consider other alternatives. RECOMMENDATION: The Public Utilities Board, at their meeting of February 29, 1984, recommended to the City Council approval of the proposed Operation and Efficiency Improvement Study by Black and Veatch, ConsulL).ng Engineers, for a not-to-exceed contract price of $25,000, RespecLiully, R. E. Nelson Director of Utilities EXHIBIT I Contract for Professional Services Proposal from Black and Veatch 2851U-2 rHE STATE OF TEXAS q CONTRACT FOR OPERATION 6 COUNTY OF DENTON EFFICIENCY 11WROVEMENT STUDY Contract made this ^ day of , 1964, by tad between the City of Denton, Texas, a municipal corporation organi.z.*d and existing under the Home Rule Amendment to the Constitution of Texas, (hereinafter referred to as Denton) and Black and Veat::.h, Consulting Engineers, a corporation duly authorized to trans.zct business within the State of Texas (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, Denton wl.shas to employ Consultant for the purpose of conducting an operation and Efficiency Improvement Study oA Dent,:,--'s Elantrical Power Plant, Such study consisting of; 1, Survey existing generating units 44 and 05, obtain histor :al and projected operating data on the units, and review existing tracts to determine any limitations which may affect alternatives for improvements in unit efficiencies, 2. Develop alternatives for obtaining unit efficiencies suc- as equipment modifications to Units 114 and 05, installation of a bustion turbine using a heat recovery steam generator to supplea~ent and improve afficier,cy of Unit U5 and refuse burning, 3, Conduct an economic evaluation of the possible savings snd document the findings for possible consideration in Denton's Capital Improvement Plan, NOW, THEREFORE, the parties hereto do hereby agree as follows: SECTION I. Consultant shall perform the services as set forth in Attac went I hereto, SECTION II. In consideration of the services performed by Consultant Bader this Contract, Denton shall pay Consultant a not-to-Exceed amoua; of $25,000 based on the followings A. Professional Services Charges for professional services of Consultants staff who PACE l may be assigned to the project will be billed in accordance %-ith Consultant's standard hourly rates for the various categories of personnel as followsi Pro act Manaber 66.00 Engineer 45.00 Technical/Clerical 25.20 Time charges will be made for personnel only while they are actually at work on the assignment and for travel time during normal working hours. B. Out-of-Pocket Expenses, In addition to the cost of professional services, certain ocher expenses consisting of, but not limited to, travel, lodging, and living expenses of Consultant employees when engaged on a pro- ject away from the home office, plus long distance telephone and other incidental charges will be billed at cost. Printing, repro- duction and data processing charges, as required will be billed in accordance with Consultants' standard rates prevailing at the time such services are rendered. The use of Consultants' automobiles shall be charged at 250 per mile. Rented automobiles -will be L?Iled at cost. C. The City shall make available to Consultant all appropriate operating and maintenance records, equipment manuals, contracts and any other reasonably related material necessary for Consultant to evaluate the alternatives possible. D. The City shall make Units 04 and #5 available and necessary operating personnel to run operational effi.ciency tests if such are determined to be necessary. Such tests shall be coordinated Vith the Texas Municipal Power Agency and Texas Municipal Power Pool dispatcher. SECTION III. Invoices shall be rendered monthly for the preceding month's services performed and expenses t.iurred on Denton's behalf, and such invoices shall be due and payable fifteen days after receipt of the invoice. SECTION V. "he Director of Utilities will serve as Project Manager for the Study. PACE 2 SECTION V. Denton may terminate this Contract upon thirty days prior written notioe to Consultant. In the event of termination, Der-ton shall pay Consultant for full services rendered and expenses in- curred to date of termination and Denton shall receive all completed analysis comparisons, and work done to the date of termination and any work in progress or incomplete reports will be delivered to Denton. SECTION VI. Consultant will complete its' services under this Contract and deliver the required reports within forty-five (45) days after a+ and of Contract. SECTION VII In no event shall Consultant be liable in any cause of action foe special, indirect or consequential damages of any nature, SECTION VIII. The provisions of this Contract constitute the entire agreement between the parties and supercede all prior communications, repre- sentations, and agreements, oral or written, between the parties hereto with resper.t to the subject of this Contract. IN 14ITNESS WEREOF, the parties hereunto set their harsds and seals the day and year first above written. CITY OF DENTON, TEXAS BLACK 6 VEATCH, CONSULTING ENGINEERS BY: R 'D0. STFWARi, kfXSr-TR BY: TITLE ATTEST: ATTEST: BY: BY: SECMARY CITY SECRETARY APPROVED AS TO LEGAL FORM: C,J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY. PAGE 3 ATTACHMENT I OPERATION AND EF'F'ICIENCY IMPROVEMENT STUDY INTRODUCTION This proposal outlines a two-phasa study for improving the operation and efficiency of the City of Denton's (the City's) generating units, The first phase, which is specifically addressed in this proposal, provides an operation and performance survey of the City's units combined with a cursory evaluation of alternatives for improving operation and performance. The study would identify alternatives which appear to be favorable for more detailed study in Phase II. The findings of the Phase I study would be used to determine the scope and estimated cost of the Phase II study. The Phase II study would provide detailed evaluation and capital cost estimates sufficient to include the projects in the City's forthcoming Capital Improve- ments Bond Issue. SCOPE OF SERVICES The following Scope of Services is intended to meet the objectives of the Phase I study, Task 1--Prole.t Management and Administration Task 1 consists of all project control, coordinating, and scheduling efforts. Task 2--Performance Survey of Units The performance survey will concentrate on Units 4 and 5. Activity 2.1--Obtain Existing Data. Black & Veatch personnel will meet with City personnel and plant operators to obtain existing data on actual unit operation including heat rates, forced outage rates, and pattern of opera- tion, Actual data will be compared with design data to determine areas it • which performance has degraded. 021484 1 Activity 2,2--Survey EvIsting nits, Slack & Veatch personnel will survey • the City's existing units concentrating on Units 4 and 3, The survey will note areas in which efficiency gains are moot likely, including the following. e Steam Generators, e Feed Water Heaters, • Turbine Generators. e Condenser, • Cooling Towers. Black & Veatch will review existing performance data for Units 4 and 5 and will identify areas in which actual pe,~formance testing will be required in Phase II. Task-3-Operational Survey of System Activity 3,1--Review Existing Contract. This activity will review the exist- ing contract with Texas Municipal Power Agency (TMPA) to determine any limitations which may affect alternatives for efficiency improvement. Activity 3.2--Obtain Historical Operating Data. Slack & Veatch personnel will meet with City personnel to obtain historical data in the following areas, • Unit Energy Production • Power Purchases and Costs from THPA. • Historical System toads. • Historical Fuel Costs. Historical Unit Performance, • 021484 2 Activity 2,3--Obtain Protected operating Data, projected operating data will. be required for the City and for TMPA since TMPA's operation will affect the future use of the City's generating units. Projected operating data required includes the following. e Load Forecast, e Fuel Cost Projections. 0 Installation Dates for TMPA Units. e Projected Operation of City Units. e Projected Cost of Power from TMPA. Task 4--Specification of Alternatives Black & Veatch will develop alternatives for improving the operation and efficiency of the City's generating units which will be evaluated in Task S. The following alternatives are currently envisioned as well as altercatives which surface from the system surveys in Tasks 2 and 3. e Improvements to Units 4 and 5. • Installation of a Combustion Turbine Using a Heat Recovery Steam Generator to.Supplement the Operation of Unit 5. • Refuse Burning. Task 5--Evaluation of Alternatives Activity 5.1--Determination of Evaluation Criteria and Economic Parameters, Black & Veatch personnel will meet with City personnel to develop the evalua- tion criteria and economic parameters. The evaluation criteria can be based on pay-back period or savings over a specified evaluation period. The economic parameters to be determined include escalation rate, interest rate, and present worth discount rate, • 021484 3 Activity 5,2--Unit CXgling Eval_ lUation, Black & Veatch will perform a pre- liminary unit cycling evaluAtion for Units 4 and .5 to determine possible detrimental effects of cycling the unite, Activity 5.3--Economic Evaluation of-Alternatives. The alternatives for improving unit operation and efficiency developed in Task 4 will be evaluated to determine savings to the City using the criteria developed in Activity 5.1. Sensitivity analyses will be used to determine the affect on possible savings from changes in the projections determined in Activity 3.3, The results of the sensitivity analyses may indicate areas in which more sophisticated investigations and projections will be required in Phase II. Task 6--Documentation Black & Veatch will fully document the findings of the study in a report. A preliminary report will be provided for City review followed by a final • report incorporating the City's comments. Black & Veatch will also provide a presentation of the study results if requested by the City. SCHEDULE Figure 1 presents the proposed schedule for Phase I of the study, it is anticipated that Phase I can be completed within six weeks. It is antici- pated that Phase II of the study can be completed in 12 to 16 weeks depending upon the alternatives and evaluations required as a result of Phase I, MANHOUR ESTIMATE The estimated manhours for completing the Scope of Services for Phase I are shown in Table 1, Estimated manhours for Phase II cannot be determined until the Scope of Phase II is defined after the completion of Phase I. 021484 4 TABLE 1o PHASE X ESTIMATED MAMOURS • Task Hanhours 1 - Project Management and Administration 16 2 - Performance Survey of Units 36 3 - Operation Survey of System 36 4 - Specification of Alternatives 80 5 - Evaluation of Alternatives 188 6 - Documentation 60 Total 416 • 021484 5 FIGURE 1, PHASE I SCHEDULE Weeks 1 - Protect Management and Administration 2 - Performance Survey of Units 3 - Operational Survey of Syt+ am 4 - Specification of Alternatives 5 - Evaluation of Alternatives • 6 - Documentation Preliminary Report a Final Report 021484 6 Public Utilities Board Minutes February 29, 1984 Hartung said that the error tended to overstate water division expenses and understate its revenues, Hartun3 concluded by saying such problems are typically encountered soon after audits and that they would be resolved well before they nave a chance to iiapaet rates, A brief discussion followed with no further action being taken on this item, } 8. CONSIDER CONTRACT FOR PKOFESSIONAL SERVICES WITH BLACK A' M; UNITS 04 A E ELECTRIC U R Nelson reported to the oar that approx mate y - o o Denton's electrical energy wou d in the future be supplied from either our own gas-fired plant or from other plants in the Texas Municipal Power Pool (TMPP). Increasing our plait efficiency, said Nelson, would not only effect substantial savings when the power plant is in operation, but also when we receive power from other TMPP mem)5ers because the price of that power is based on splitting the difference between the cost of that energy that would have been produced on Denton's units as opposed to the cost of energy produced on the selling units. Therefore, said Nelson, significant savings can be realized by improving production unit , efficiency because the efficiency of those units is used as a billing determinant in all non-TMPA purchased power, Nelson concluded by saying that it is reasonable to assume l that this method will effect a gross savings of over $50,000 per year, I Discussion followed during which the Board expressed is concern that the ultimate cost of this service contract not exceed the stated $25,000. Boyd further noted that the entire budgeted amount for such services was $50,000 and asked Nelson if he thought this project worth 50% of the budgeted amount. Nelson replied that, in his opinion, the potential savings justified the expenditure. Herring made a motion that the Board recommend the City Council appr~w e the study of operation and efficiency improvements. Second by Boyd, four ayes, Coomes (naye), motion carried. 9. CONSIDER AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES ()F THE CITY OF DENTON TEXAS PROVIDING NEW WATER AND 5 WER TAPPING FEES FOR WATER AND SEWER SER lCE: REPEALING CONFLICTING ORDINANCE; AND DECLARING AN EFF?~CTIVE DATE. Ham brie ed the Boar on this item stating that since the ordinance was last revised in July 1983, the cost of piping materials and labor tias exceeded the City fee by at least 10% and further stated that t,ne proposed fees ere established by a cost-of-service study executed by his division. A brief discussion followed, after which Coo mes made a motion that the Board recommend that the City Council adopt tnis amendment, Second by Herring, five ayes, no nayes, motion carried. 285OU-4 Harch 13, 1984 CITY COUNCIL AGENDA ITXM SUHJECTt Consider Emergency Authorization Agreement for Restoration of Service, SUMMARY; A form has been developed for electric service personnel to obtain authorization to have an electrical contractor perform emergency repairs during emergency conditions as necessary, The form has been reviewed by the Legal Department and their recommendations have been included in this final draft, Meetings with several electrical contractors have been held in whim they have endorsed this authorization/assignment procedure during emergency conditions, Under standard practices and the building codes, the home owner is responsible for the electric service entrance, installation and maintenance, including; the electric conductors which supply the meter base via a conduit and weatherhead, The utility installs the overhead service conductors from the pole to the building/house, The owner furnishes an attachment on the building for the overhead services under present practice which normally uses the electric conduit as the attachment point, The meter base is required to be approximately six feet (P) above ground for ease of reading and maintenance and is usually installed on the wall under the roof overhang, The electrical conduit is usually extended through the roof on residences in order to have a point of attachment ten feet (101) above ground to meet present code requirements. Under prior codes, this ten foot (10') requirement was only eight feet (81) so that some services are connected to the end of the roofing rafters (roof overhang) with an insulator using; a lag bolt, Under severe wind or ice loading conditions, the overhead service conductors break or pull the douse/building attachment loose which usually results in the meter base being; pulled away from the building or house, This often damages the insulation on the electric conductors in the meter base or the electrical connections between the meter base and the customer's main disconnect switch box. 2851U-1U V This proposed emergency authorization will give our line crews the authorization to radio in for an electrical contractor and advise or assign them to the customer, This is intended to help the customer, since during if.e storms or in the event of a major wind storm or tornado, the customer would probably not have a telephone, This will also help coordinate the electrical contractors in areas where the line crew,i are concentrating their restoration efforts. For example, during the ice storm in Dallas a few years ago, the utility often had power restored to an area, but since the electri<.al contractors were widely dispersed over the entire city, customers could not get service until an electrical contractor was available, and in other areas, electricians had completed the customers' work, but the utility did not have power restored to the area. FISCAL SUMMARY: It is anticipated that, if the electric service personnel did perform emergency repairs, the City would become liable for consequential damages, ACTION REQU1RED: Recommendation by City Council for adoption of the proposed policy and "Emergency Authorization Agreement". ALTERNATIVES Not applicable, RECOMME NDaT lON Tne Public Utilities Board, at their meeting of Marcia 23, 1983, recommended approval by ttie City Council in order to facilitate restoration of services during emergency conditions for tho citizens of ttie community. Respectfully, R. E. Nelson Director of Utilities EXHIBIT 1 Proposed Policy 11 Proposed Emergency Authorization Agreement F.MERGCNCY AJTHORIZATION ELECTRIC SERVICE RESTORATION I HEREBY AUTHORIZE,. and request that the CITY OF OENTON notify a licensed electrical contractor to perform emergency repairs on my electrical service entrance equipment in order to restore electrical service to my property at I AGREE TO PAY the selected or specified electrical contractor for this work in an amount not to exceed $50,006 I UNDER57AND that the work will be inspected by the Building Inspection Department of the City of Denton after the service has been temporarily repaired, If it is found to require additional work t,o meet the Building Code Requirements, I will have an electrical contractor perform the necessary work within thirty (30) days at my expense. I AGREE TO HOLD the City of Denton harmless against any, and all acts or omissions of said contractor as a result of any work or service performed under this authorization or agreement. SIGNED & WITNESSED THIS day of CONTRACTOR ASSIGNMENT Name............ - Ao r~d-ess B~ ~ng""F,naress-" CITY REPRESENTATIVE Phi on e~Num'15`e r DISTRIBUTION; Original - City of Denton Elec. Adm. Copy _ R e-s-i-de-n-t Copy - Electrical Contractor Copy - Building Inspection 1716U-Jan,1983/Denton Municipal Utilities MINUTES PVbI.iC VTIL1TIaa BciArtp March 23, I983 6' h,embers Present; Chairman, Roland Laney, Marvin Loveless, Charles Cryan, Ed Coomes f Staff; Chris Hartung, Bob Nelson, Bill Mc Nary, Ernie Tullos, Dave Ham, Bob Fiorini, Ann Bingman Otherse Jay Anderson, Acting Customer Service Manager I 4 Vita Thurman, Denton Record-Chronicle Absenti feonard Herring (Excused) 1 r a 1. CONS IDJ M1NU FOR FEBRUARY 3 1 r E AND MAR H R T hL T\ i B 1 i k TiA U I t 0 Coomes made a motion to accept the Minutes of both meetings as C stated, Second by Cryan, four ayes, no nayes, motion carried. C 2. CONSIDER MYRTLE• NORMAL. BRYAN' NO ALICE WATER/SEVER CAPITAL a Ir1PKQ1B MENT PLAN PROJECT; h cHam briefed the Board on the opening of bids for the referenced L~ projects on March 14, 1983. A total of ten bids were received cl ranging from $109,624 to $236,452, b: Cryan made a motion that the board recommend to the City s` Council to accept the low bid from Tri-J Construction Company a for the four water line projects in the amount of $109,624,10, Second by Coomes, four ayes, no nayes, motion carried.- e~ 3. CONSIDER EMERGENCY AUTHORIZATIQN AGREEMENT FOR RESTORATION b SERVICE; TF Tullos briefed the Board on the proposed procedure and form for cc assisting citizens of Denton to restore electric service during emergency conditions, TP After much discussion. Coomes mace a motion that the proposed TP procedure and form be presented to the City Council for their an consideration and approval, Second by Loveless, four ayes, no se nayes, motion carried. _ in 4. CONS DER ABANUONh1ENT AND QUIT CLAIM OF EASE4EN7 TO TPdL fu ~RAI~IE J. A. MU NT51 nnu vxull)u c tun am St no Tullos explained to the' board that this easement was for an tnl electric distribution line PuTchagea from TPSL by the City of up, Denton several years ago. The line was a duplication of City p" lines and was removed to eliminate necessity for maintenance. re; The easement is not neeeed for fuc.re use, In After a brief discussion, Coomes mane a motion that the boarc sit recommend to the City Council for abandonment of the referenced easement, Second by C yan, four ayes, no nayes, motion carries. Tre 6. CONSIDER A.bAA'UU\nc-,\T OF tASEME:NT - STRATrORD ADDITION: aact prc Tullos explained t;,at the ;,;retractor constructed duplexes on ai: of an existing 16' easement. The owner is dedicating ac o additional easement on the aojacenc property so chat the nev easement wail be 16' wice after abandonment of portion under the ouiioing. Tne nee easement. is satisfactory for the „ti1W -e `s. u: i_. aglOn, i.rYd r. T,aCe a '.dtior. tnat :ne ooar ._....-Ler)C % -.n-? t; ~'.,,,"iCti :cr abanuon-ent .:,e referencet eASte.,ent. Jed Jno ^:Jor.es COQ.. d eS, no nayes. Mor.IOG n: C! (CDNT6N,7.FX-AS cv'ASirsAvrr *P v-r= s Jwow. o«ro», raw n►~..w~r~+r1 U ,.orK -M E M 0 R A N D U M T0; Public Utilities Board FROM, E, S. Tullos, Asst. Dir, of Utilities, Electric DATE; March'15, 1983 RE; Emery,ency Service Restoration In reviewing our disaster plans for service restoration, we have become aware of a common problem associated with all electric utilities following a disaster which damages the overhead electric system such as wind or ice storms and tornados. Eventually, as the electric crews restore service, there will be many customers whose service drops have damaged the service entrance equipment by pulling it away from the dwelling so that it cannot be reconnected. Since the same type storm also eliminates telephone -service and may, block streets from vehicular traffic, we plan to contact the customer with our own crews using th•e attached agreement form. It will allow the Utility Department to notify electrical contractors who can make the ne,essary emergency repairs to restore service. The electrical contractors can pick up the addresses from the Central Dispatcher, since we would also expect that their communication service would not exist under these conditions. We have held a meeting with four electrical contractors who have agreed that they would participate in this type emergency operation. We plan to submit the form to all the electrical contractors to see if we can get a definite commitment from each of them and to determine the number of crews each contractor would have available. 9'spectfully, E. ti. Tullos Asst, Dir. of Utilitiec Electric Divisions EBT;gcr EXHIBIT I - Proposed Emergency Authorization Agreement cc; file 1879U/15 ARIIIlJN ANI)ENSEN CO. Sul'ru Qvoo Ivol 1:1""( 1?AI.I.AS. TEXAS 761?70 ('21-n1 74I.212tII February 23, 1984 To the City Council of the City of Dentou; This will confirm our understanding of the arrangements made with you covering the examination you wish us to make of the financial statements of tine City of Denton for the year ending September 30, 1984, Our work wi11 consist of an examination of the financial statements of the City of Denton as of September 30, 1984, and for the year then ending, Our examination will be made in accordance with generally accepted auditing standards, including such tests of the accounting records and such other audit- ing procedures as we consider necessary to enable us to express our opinion on the financial statements, Our examination will include a review and evaluation of the existing system of internal accounting control to provide a basis for reliance thereon in determining the nature, timing and extent of selective audit tests to be applied to recorded transactions and data for certain periods of the year. Primary reliance for the prevent.iou and detection of errors or irregularities must be placed on such a system of internal. accounting control. because it is in constant operation and covers all. periods and transactions, Such a system can- not eliminate, however, the possibility that errors or irregularities may occur. Miile there call be no guarantee that such errors of irregularities would be detected by us, we would plan our examination to rsearch for errors or irregular- ities that would have a material effect on the financial statements, Our fees for the above services are estimated to be $36,500. We would, of course, endeavor to keep our fees as low as possible. In addition, we will contribute, at no cost to the City, approximately $5,000 of professional. services in mutually agreed areas, Such services will be covered in a separate letter when arranged, We appreciate this opportunity to be of service to the City of Denton. Very truly yours, C~-C~C'~. CCrC~e~.~;.v C/rY0/DENr4N, TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 TELEPHONE (8171566.8200 1-1EM0RANDUM TO: G. Chris Hartung, City Manager FROM: Rick Svehla, Assistant City Manager DATA: March 7, 1984 SUBJECT: Participation in Drainage Improvements on Welch Street In 1980 - 1981, North Texas State University undertook major additionaltsdrainatge c facilities alonge Welch VeStraeet ncluThee majority of these improvements were for North Texas, However, along Welch there are several pieces of property that are not owned by North Texas. These include at least 2 churches, as well as several privately held lots. These lots also contribute to the system that was built by North Texas, Shortly after completion of the improvements, we were contacted by Jim Nash, former University engineer, Mr, Nash advised staff that he melt that the city should participate since part of the water that the system was carrying was not North Texas drainage, We advised Mr. Nash that there were no funds available at that time and that the Council would have to approve this type of expenditure, Subsequently, Mr, Nash became ill and passed away and no request was made to appear before the Council, Recently, North Texas has again requested that we participate in the cost of these improvements. We have reviewed the contract prices with Mr, Ray McFarland from North Texas, We are in agreement on the costs of individual items for the improvements, we also agree oil the percentages of additional water that non-NTSU sources generate for this system. Tile total cost of improvements that accommodate drainage water that not is generated by NTSU is $21,315,24, In the past, the City has worked Jointly with entities like NTSU for the private ventures to increase or oversize facilities in order to accommodate drainage water or street traffic that is not generated by the entity proposing the improvements. As a matter of fact, North 'T'exas and the City participated jointly in a very similar system on ttie west side of campus along Avenue E. Page 2 participation in Drainage Improvements on Welch Street staff has reviewed these improvments with this to h lOS p tyhese mind and we feel that it is approp nd for improvements. Currently, there are not funds appropriated this expenditure. 'there are funds for drainage improvements in the Capital Improvement Program and we would rlecommeiWrthat these improvements be funded from this source. Council have any further questions, we would be happy to try and answer them. c v a Assistant City Manager 1G73M CERTIFICATE OF AUTHENTICITY YNIS IS YO CSMTIFY thal the micropholoyrophs appearing on this Film•illo CITY COUNCIL AGENDA PACKET 03/13/84 f/arf(M wlrh......._,.,__..._.....~`. , and fTnding with CITY COUNCIL AGENDA PACKET aro amralo and somploo rrpeoducilons of tho rocords of (Company and Dopl,) CITY OF DENT ON CITY SECRETARY - as dollvored In the "Oyler couno of Ibusinoso for photographing. N Is furthor cortl6d that the mlc►epholopraphlc procossos wore accarnpllshod In a marmot and on film which moots with roqulromenls of iho NatlonNJ,awrwu of flandarrs for p0mononl mlcrophologrop ilc copy. rA Us a -Records ComEffl~ _ ILwett T(CHNOLOQY AT(OWAK cowwo ap PI.IM 61c, ga twark Row State Nllnpton, Texas 76010