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HomeMy WebLinkAbout10-20-1987 J., I, r 71 r !1 1 4\ of ~ ~ r , r RY r i 1 i 3~ w 1„ d l w r \q ,gyp li :YA ' r rbr.i- acjl~ l ~ "'A YI°r! ~ IIjJ. ' ry, i~rZ j}e' J ~ t J VrJr''rh l'A{Ly4(l 1 1 1 `I !~A tit .~q1 hl r 1 r~A, ~ FY tt ~~rivn4 ~ ~~1{~'f f•,"i Jai j,ry ~ d t of , uJk ~J l Yr V ti ~ 2 }fie, I 4 r J w' 7 1 a ~i~~~~ro"Maur 3' 000 1 14 r ^ r r Y~7 l.p Ar r rf C1 t~ ~ y ~ ,rc i F f r ;i i~x ~'ylr r',•~~{ pMWR'W~/r\I~)r+ar'ww w.wn. Air..».....r ww w«+.. .,n++w.r+. ~.rMSnw+Y.a Mt3yal7+q~ "AMU'":...:,.. .s.nuJ ~•wypk~i .M.a., J „ 7 • , ~ ~11w4~~~ ~.~,pFOii~ r . , S r' x f' AGENDA CITY OF DEKON CITY COUNCIL Qctober 20' 19$7, Work Session of the City of Denton City Council on Tuesday, October 20, 19879 at 5:30 p.m, in the Civil Defense P')om of City Hall at which the following items will be considered: , } 5 h1M , :Y'• Note: Any item listed on the Agenda for the Work Session may + r also be considired as part of the Agenda for the Regular Meeting. 5:30 P.M. 11 Presentation of a report from the Beautification Task V, Force. 2. Hold a discussion regarding a possible taxi franchise in the City of Denton. 31 Consider the alignment of Woodrow Lene. Y ',r w 4, Receive a report on unattended pools and consider directing staff to draft an appropriate ordinance. Hold a discussion regarding a resolution designating s` Vl) date for a runoff election day when such an eli:c*ion is necessary. 6. Executive Session: ~jY~G~IV al`I Ij}~Tr, ~ 1 kkNk~;e h. Le al Matters Under Sec. 2(e), Art, 6252.17. x V4 416S, 16 Hold a discussion regarding acquisition of right-of-way on Woodrow Lane. 2. Hold a discussion regarding litigation r including Maverick Vs. the Cit of Denton ` and the Count Denton an ow os t w r the city o en on. h ,r VS. + to trkY ` l B. Real Estate Under. Sec. 2(f), Art, 62S24'17 VATS 1, Consider offer to purchase County's interest G in Flow Hospital. C, Personnel/Board Apppointments Under Sec, 2(g), Art 6252.17 V,A,T.S. 1. Hold a discussion regarding Council ` appointments to the Flow Hospital Board. ix • °X . i'q r w 3: I~, yeti ,fir 4 h,Y iT4u~3~, ~ t.., f _ - i r ~ ~ f' Ali 'S Yr ~ it ' •"'S ..d, Y~ x,r r d t Tk f T rf +Y e City of Denton City Council Agenda October 20, 1987 e.)) Page 2 j E ,I 2. Hold an annual revie% of the Municipal Judge. 3. Hold an annual review of the City Attorney. 4, Hold an annual review of the City Manager, S' Regular Meeting of the City of Denton City Council on Tuesday, ' October 20, 19879 at 7:00 p.m. in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. a Receive an update from the 191 Committee. 2. Consider approval of a resolution temporarily closing kll Eagle Nest Court for a block party on October 25, 1987 II during the hours of 4:00 - 8:00 p.m. i~.` by V4p j, °I 5, Receive a report from Mr. George Edward Terry regarding a newspaper poll done on flow Hospital. 4 Public Hearings A. Hold a public hearing on a proposed annexation of ' -R appproximately 23,126 acres of land being part of t tht A. Gibson Survey, Abstract No, 498, and ~.'r• located south of El Paseo Drive at Forrestridge. (A-SS) ; B. Consider a petition of Burye Engineering representing Don Curtis of Collin County Land Company, requesting approval of a change in. toning from the agricultural (A) classification to the planned development (PD) district and approval of a concept plan for light industrial land use on an 183 acre tract located on the north aide of East McKinney Street (FM 426) ` roxieatel 600 feet west of Mayhill Road. The IN operty s yfurther described as a tract in the r. fC f A,E,p, and the P,R.R. Company Survey, Abstract ~4 rfr No. 9274 9.1866. (The Planning and toning Commission recummessds approval,) 1, Adopption of ordinance approving a change in e. zoning and concept plan on an 18,1 scre f; r5 a r tract, , (~r;~ ~ ---.e an!.+>.^M1V~w>c+.+M wn+o-..w.nwrw., u.. ~ wA.i9~~'a.MM.lnth'U+R.V#f~w~~ z.. ~ ~Ik~ f 1..., w ^n ' t, y J6'~ik A r y 7 ~ + e v ~ pt 1 ' ,Y,aM f y t J. k City of Denton City Council Agenda October 20, 1987 Page 3 C. Consider a petition of Burke Engineering, representing Teasley Road Associates Three, „ requesting approval of a detailed plan for a ? n 13,630 acre tract located at the northwest corner This portions R of and Fanrevioas y. approved property panis a ned development at this location. If the request is ` approved the following land uses will be permitte~I 40 Single Family Detached Lots with a minimum lot size of 7,009 square feet on 12.063 acres with a density of 3.0 units per ^ acre Park on 1,567 acres Z•1866 (The Planning and Zoning Commission recommends approval.) ` 1. Adoption of ordinance approving a detailed plan for 13.630 acres of an existing planned + development. s, Consent Agenda ' Each of these items is recommended by the Staff and r{ „ approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consent Afanda authorizes the City: Manager or his designee to implement each item in x'^ accordance' with the Staff recommendations, fll,n - r : ,f ~r Listed below are bids and purchase orders to be r.r. opproved for payment under the Ordinance section of the agenda, Detailed back-upp information is actuched to the nces (Agenda items 6,A, 6,8), This listing is provided r on the Consent Agenda to allow Council Members to discuss any d lteli prior to approval. of the ordinance, n A Bids and Purchase Orders; 1, Bid 19784 • Bolivar Street 1011 water Line , 20 P.0. 181014 - Pedus Services, Inc, 31 P,O, 081019 - Hewlett-Packard, Co, a, r yr a a } 1 } l' f 4A WO/, 1ly;.tilrPR^.~"'~ t~'7k~~•.dr"{~ i'v',t ~ e ,..-r 'ay' a r 6 .r .r;{ { z 9 J. 1 ^ ! e is .i ^ ray} 1 1 K i `t. ~ 'rr 1^~y+i ~ ✓ 2 ~1 Y r I "rl rL I City of Denton City Council Agenda October 20, 1987 k Page 4 (77) ! B. Plats and Replats 1. consider approval of preliminary plat of the Curtis Industrial Addition, Lot 1, Block A, (The Planning and Zoning Commission " recommends approval.) rv 2. Consider approval of preliminary plat of the " Y Greenfield Woods Addition, Section IV., Phase A. (The Planning and Zoning Commission recommends approval.) 6. Ordinances "s A. Consider adoption of an ordinance acceptingg !l" competitive bids and providing for the award of contracts for public works or improvements. {'~r,'`w~ wkF P. . Consiaer adoption of an ordinance providing for the expenditure of funds for emergency purchases of Rr,terlaIs, equipment, supplies or services in accoidance with the provisions of state law exempting such purchases from requirements of competitive bids. C. Consider adoption of an ordinance authorizing the t }A expenditure of funds by the City of Denton for 4 z~. the annual service fee for membership in the a R ; American Public Power Association and approving the expenditure of funds therefor; and providing for an effective date. ( awl , . ;~ti Y s,,+, D, Consider adoption of on ordinance for the number of persons authorized torbe ie~ployed in each classified position in the Police Department for the City of Denton, Texas; repealing all ordinances and resolutions in conflict herewith; and declaring an effective date, i Consider adoption of on ordinance accepting the y~ proposal of Washington National Insurance Company , for excess lnsurance for the Ctty}s healthh t,;> insurance plan and for life insurance for City. employees; authorizing the expenditure of Sunda therefor; and providing an effective date, r~ >N 48 Z~ ~1 l'~ yy 1 . t r I .f rF 411t'r, _ n r}!rrMMM~,,rrt r.w...e,ry, ,.5,l.T 5,''1',,1{r'•-. ...y,yyy.! f G { I City of Denton City Council Agenda Oct)ber 20, 1987 Page 5 F, Consider adoption of an ordinance accepting the proposal of Coordinated Benefit Systems to provide thud party administration for the City's health insurance proggram) and authorising the expenditure of funds there or. G. Consider adoption of an ordinance authorizing the Mayor to execute agreements with Southwest Preferred Health Network for a preferred provider ' plan and for health services for its employees; authorizing tho expenditure of funds therefor; and providing for an effective date. H. Consider adoption of an ordinance prohibiting the arking of vehicles on the north side of Gary ru Streat from Its intersection with Elm Street to its intersection with Locust Street when signs are posted; on the south side of Third Street from its intersection with Elm Street to its tia5 intersection with Locust Street when signs are posted; providing a severability clause, providing a penalty not to exceed two hundred dollars; and declaring an effective date. (The +a is Citizens Traffic Safety Support Commission AVI recommends approval.) I, Consider adoption of an ordinance of the City of Denton, Texas, providing for two-way traffic Yast and west bound on Gary Street between Elm Street and Locust Street; and providing for an effective date. (The Citizens Traffic Safety Support Commission recommends approval.) J. Consider adoption of an irdinance of the City of Denton, Texas, providing for two-way traffic east and west bound on Third Street between Elm Street and Locust Street; and providing for an effective date. (Tho Citizens Traffic Safety Support Commission recommends Approval.) K, Consider adoption of an ordinance prohibiting the f » arkin of vehicles on both sides of Gayle Drive ,qh,y from i s intersection with Mayhiil Road to Its ~OI intersection with Bridges Street; providing a severability clause, providing a penalty not to exceed two hundred dollars; and declaring an f,~f~4•ti "'JI ? effective date, (The Citizens Traffic Safety Support Commission recommends approval,) ~ d§?p 3 f^tSK ~jY~tltl tt fit y~;y, .F y{ ~~~~.i i•~A~~. 1- *wgluevr..w+\Nw»r!nMw•e..«.,Y,...,. .,..~-w,-'U4c aF„'4jMS1M'M1?ky%MR'6K+'f,i"...,.,,.,.~«w ,»kwK. vW.Y\7s`,^'~,1 '~~l [ K r r ',R I Tgal 1 n n, • l City of Denton City Council Agenda October 20, 1967 Page 6 '4 ~ ' -P•!fli L. Consider adoption of an ordinance prohibiting the parking of vehicles on both sides of Metro Street from its Intersection with Interstate 'iighway 3Sh' Service Road; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. (The ` Citizens Traffic Safety Support Commission recommends approval.) 4 M. Consider adoption of an ordinance approving an agreement between the City of Denton and Brazos Electric Power Cooperative for the purchase of i s electrical facilities and easements; and providing for an effective date (The Public Utilities Board recommends approval.) N, Consider adoption of an ordinance authorizing an agreement between the City of Denton and Texas Utilities Electric Company; and providing for an effective date, ,kr,, 01 Consider adoption of ordinance and service plan w > annexing a 9.21S4 acre tract of land being part of the j. Early Survey, Abstract No. 1279, and part of the Moreau Forrest Survey, Abstract No. 417, and being located at the northeast corner of Mingo Road and North Cooper Creek Road. (A•47) {a'~ (The Planning and Zoning Commission recommends r approval.) P. Consider adoption of ordinance and service play annexing a 24,39S7 acre tract of land being part of the J. Ayers Survey, Abstract No. 20 and part of the B. Burleson Survey, Abstract No. 6S, and being located west of I-3S and north of f intersection of Rector Road. (A-SO) (The' Planning and Zoning Commission recommends approval.} r9; Q. Consider adoption of ordinance amending Chapter (','A s 22 of the Code of ordinances to provide` for a partial tax exemption for designated hi,+torie sites for a period of ten years; providing for the recapture of taxes in specified cases; ,end r providing for an effectiva date, (The Histor!c Landmatk Commission and the Planning and Zoning ~ Commission recommend approval,)", ;a, qtr w;F •d a f, ~ 'q:' ,`y i ui. ~.~~~~►.1~'"~'w ..nN~ty'LLU"Fi~C~1k~e'~i+''1/`~Yw..',rR. •.n E.vrM11W'MiAfA#~~;.~. "agMJ t ~q Ee t 4 '4 P Y M7?'MrVs , 9 L City of Denton City Council Agenda ` October 20, 1987 age 7 R. Consider adoption of an ordinance establishing ' fees for ambulance service and related services; y and declaring an effective date, S. Consider adoption of an ordinance authorizing the 44 ^Ik Mayor to execute an agreement with Black 8 Veatc% Consulting Engineers for a feasibility study of a solid waste incineration and steam generation facility. { FE a et,~ ,1 r 7, Re solutions A, Consider approval of a resolution leasing parking spaces located on the Williams Trade Square and declaring an effective date. B, Consider approval of resolution setting a date, }~,A1 b time and place for public hearings on proposed annexation of approximately S87,303S acres of ~r`rFo land being part of the J. Clayton Survey, ahn ti, , Abstract No. 221, J. Lamar Survey, Abstract No. F 7541 and M, McBride Survey, Abstract No. 804, vw (A'51)~. C. Consider &pproval of resolution setting a dale, ; F4 I time and place for public hearings on proposed annexation of approximately 229.5212 acres of land being part of the w. Tansy Survey, Abstract No. 12S3; S.A. 4 M,G,R.R. Survey, Abstract No. at-f . 1228; and ppart of the M. Cox Survey, Abstract No. D;'. k ' Consider approval of a resolution temporarily closing Hic ory Street between Elm Street and Locust Street on November 21, 1987; and declaring an effective date, E. Consider approval of a resolution authorizing the condemnation of property for drainage and street " {I~ti>Af1 "7 ihprovements and declaring an effective date, ~ Lr 80 Consider a decision to allow the City Manager to ` t negotiate for the sale of a 1,365 square foot "tract of city owned property at the northeast corner of Melt ~ Oak and Bolivar streets, (D•42) (The Planning and s toning Commission recommends approval,) ys . rfi 94 Miscellaneous matters from the City Manager. ' f'~Y, cry , up y. ' o t " x J 8 T 7'"f7"'MIQraM • r r k ~7 rs~ ~r iT r 1r f .r r'. p' r ^ S r ' Y I , 1.- ! t4 r + r I City of Denton City Council Agenda October 20, 1987 = rage 8 r , 9'w,~ Y•: i 106 Official Action on Executive Session Items: +,~,~CI to ti:' 1, Legal Matters Y / y Dr Real Estate C Personnel , ,4r D, Board Appointoe'its Y y Yr 1 ,I« f iI. New Business:, Ilaw , This item provides a sectloa for Council Members to Y t C~~ r~ l r 1 suggest items for future agendas, t i,l ~ x 41 Executive Sessions 14 ~'17Yy ' , 1-0 Q H A, LeAal Matters Under Sec. 2(e), Art, 6252.17 T. r T,.7, i 1 CI ! M1'7ft Ir ~r r,.,1 B. Real Estate Under Sec, 2(f), Art. 625Z•17 z. j"M g,`2 .~ri .4 3 C. Personnel/Board Apppointments Under Sec. 2(g), s1 x~ Art 6252• « 17 V.A.T.S. `5r 4t C B R T I F I C A T B I certify that the above notice of ■eetin was raY,iulletin b the Cit j all of the City posted on the y of De on T „ w n ° the day of 1987 exas, ° is at olclock s I a. 41 Y YY A!6 ell 2161 6C I r a ,.y f,4 ~'r a 9~ it 141 , ties. ° I 8 (I 14 1 w 5;. , 1 ai ~ Y t u y T'Y ,1, 1LL141.ALWWY1M,l{,Wi~ _ .r 1~ ! ,y h a, 1~ r r r [ I i e f ! 1'~ r ~ !j~ ,l~ti ,r s cjfi ' ~.:fi 1 q 1 ' r S 1 ,~I I r W. }1 1 np r r ^ 1 r 1 tf 1~qy } y s aft/ ~ 1., t 1' I 7 ^ , f f AGENDA CITY OF DENTON CITY COUNCIL October 20, 1987 Wnrk Session of the City of Denton City Council on Tuesday, October 20, 1987, at S:30 p.m, in the Civil Defense Room of d'+t, City Hall at which tho following items will be considered: /I 1' r Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. y d, y tr S:30 P.M. 1. Presentation of a report from the Beautification Task • h Force. 2. Hold a discussion regarding a possible taxi franchise in the City of Denton. ~a1= r~r 3. Consider the alignment of Woodrow Lane. 4, Receive a report on unattended pools and consider : directing staff to draft an appropriate ordinance, ,iidiF lr'r t d , 1 Hold a discussion regarding a resolution designating } a;,~rE{'1`~tr: the date for a runofi election day when such an z election is necessary. Executive Session: gg A, Nei Matters Under Sec. 2(e), Art. 6252.17 ' ~9,y' •,ft~'; 1. Hold a discussion regarding acquisition of r F ' r l l4 right-of-way on Woodrow Laned ~A' 2. Hold a discussion regarding litigation ' including Ma Brick vs. the City of Denton r` 11 4 and the Countyof enton an ow osr to R vs, the City of Denton 4 B, Real Estate Under Sec. 2(f), Art. 6252.17 " r< X" Y A T S :4 a w 1, Consider offer to purchase County's interest in Plow Hospital. yKs as 44 4, C, Personnel/Board Apppointments Under Sec. 2(g), nF~ k:!J+ h Art 6252.17 V.A.T.S. rr; 1, hold a discussion regarding Council 19"v , appointments to the Flow Hospital Board, < r 1 e , x y e ' + I•N41~M1ditANhrl:{iG01Y l+XYlva@gpfr'.,e.w,,.}„y. e'.Mi-:n:.me .w,•,.... _ _ R r . v. Nf~t 'r Y it V Y t ' _ 1 V City of Denton City Council Agenda October 201 1987 t Page 2 t t 2. Hold an annual review of the Municipal Judge. 3, Hold an annual review of the City Attorney, r Manager. q, Hold an annual review of the City Meeting of the City of Dentor. City Council on Tuesday, Regular m, in the Council Chambers of the . at 7 00 P items will be October 20, 19870 Municipal Building at which the following considered, ,,r5 7:00 p.m. Y Receive an update from the 091 Committee. 1 i4„ 20 Consider approval of a resolution temporarily closing Eagle Nest Court for a block party on October 2S, 1987 during the hours of 4:00 - 6:00 Pam, Receive a report from Mr. George Edward Tevey «r` regarding a newspaper poll done on flow Hospital. r~t`3ka1, r t~ Public Hearings ,`k7• A. Hold a public hearing on a proposed annexation of Abstract. Noing498artand ,•r a proximately 23.126 acres of 4` the A. Gibson Survey, located south of E1 Paseo Drive at Forrestridge. E~ { (A-S3) B. Consider a petition of Burke Engineering representing Don Curtis of Collin County LanA Company, requesting approval of a change in zoningg from the agricultural (A) classification - r ~vA;{ to the planned development (PD) district and + approval of a concept plan for light industrial land use on an 18.1 acre tract located on the north side of East McKinney Street (FM 426) approximately 600 feet west of Mayhlll Road. The roper ty is further described as a tract Absin the tract t~ 4:.{,and the P.R.R. Company Survey, No. W. Z-1856. (?he Planning and Zoning y Commission recommends approval.) , p 3~ Y: t k r y a 1t ~ ~rh M 1, Ado tion of ordinance approving a change re pp Ian on an 118,1 acre toning and concept p • LAS i s "g 4e, tract ~Y C la i 1~ k ;t i f b "!~t ~*y, x„ti ~::tt ...w..w ••'a.,r•. r'.w , ri,yN +r,i ~ ~1 .r• VV J{ '.I 1 1. 9}a r i. n. r ~ ~r MY rt ! t-7 " 4. City Denton October 10, 1987City Council Agenda Page 3 III J % ti,' II C. Consider A representing petition of Burke i requesting g Teasley Road AssociateslneThree, { 134630 acre tractvlocat of ed o at the of 8}n s Row the northpwe t for 1 g and Farris Road, corner portion k develomentfat thisrevlously approyeerplanned request 1s x Approved, the following If uses will Permitted: , t be r, 40 Single Family Detached Lots minimum lot size of w! Lh n' 12 0 acre 63 acres with a density ofg380eu nits per a F„ 3r Park on 1.567 acres ~ 66 cn'n )If4y'rrl _<r1~Nl 21 (The recommends a Planning an+ pProval.} Zoning Commission { ,a~ t Adoption of ordinance a plan for 13 t ,fir " IT, ,630 acres ofpanoexistin detaf2ed development. g planned , 6 R~ ,,p fw Consent A Benda Each °,rF of those items Is recommended by the Staff approval thereof will be recomAendations, Ap strictly on the basis of the Staff' City Manager or hlsovdeslfneee Consent Agenda authorizes the accordance with the Staff recommendations'. lement each Item In approved Listed below are olds and for agenda, (S9talfedment under Purchase orders to bo pp the Ordinance Be ltback es.u Inbormatlun is attael~ed Of the the nan es (Agenda ondi item This listing is to nda to allow l provided tha dr~~s a a prior to approval of the ord to disc Council Members discuss d inance, ed any ~ w A$ Bids and Purchase Orders: r . $1d 09784 y - Bolivar Street 10 y' " Water Line Z` P'O' #81011 Pedus ,Services rk~i, s• P.O. 081029 Inc. Hewlett ~ r~►.}~~~{,~k?5 -Packerd, Co. tG , e `t i 1 1 ~y S City of Denton City Council Agenda October 20, 1987 ! Page 4 4 i , 111 r B. Plats and Replats 1. Consider approval of preliminary plat of the Curtis Industrial Addition, Lot 1, Block A. (The Planning and Zoning Commission recommends approval.) ',1 2. Consider approval of preliminary plat of the ; Greenfield Woods Addition, Section IY., ~ Phase A. (The Planning an(l Zoning Commission recommends rpproval,) o Ordinances 'A. Consider adoption of an ordinance acceptin ! < competitive bids and providing for the award of contracts for public works or improvements. B. Consider adoption of an ordinance providing for "st- the expenditure of funds for emergency purchases of materials, equipment, supplies or services in ° accordance with the provisions of state law exempting such purchases from requirements of competitive bids. C. Consider adoption of an ordinance authorizing the expenditure of funds b)• the City of Denton fc-~ the annual service fee for membership in the American Public Power Associatiun and approving j~ r ;'A . the expenditure of funds therefor; and providing for on effective date. i D. Consider adoption of an ordinance providing for the number of persons au0orized to be employed in each clairifiee position in the Police Department for the City of Denton, Texas; gyp, ~~r a",'. repealing all c rdinanecs and resolutions It, conflict herewith; and declaring an effective date. 3 r' Y' B, Consider adoption of nn ordinance accepting the Ake,':;g}Y{ proposal of Washington National Insurance Company ~r for excess insurance for the City's health insuranc, plzn and for life insurance for City employees, authorizing the expenditure of funds ! ` 1 C ~X ` + therefor; and providing an effective date. ~t f~iF s err j.~ r 49 r, w r r(~ y ~ VeN3 t atria MFNW.r...F W.n♦.a •vr.. .r.. - ay~Ua.H-. 4•'N• y 141~MVMr1rY1a+ Na` °~`ar , '1 ! i + S w , 1. ih IF ,l la, a .w r y I City of Denton City Council Agenda October 20, 1987 Page S P. Consider adoption of an ordinance accepting the =rxf "ti `5 proposal of Coordinated Benefit Systems to ~ c,q provide third party administration for the City's health insurance program; and authorizing the expenditure of funds therefor. ~ 4 r G. Consider adoption of an ordinance authorizing the Mayor to execute agreements with Southwest Preferred Health Network for a preferred provider plan and for health services for its employees; authorizing the expenditure of funds therefor; ' and providing for an effective date. H. Consider adoption of an ordinance g t prohibitin the parking of vehicles on the north side of Gary ~1~ ,A yr Street from its intersection with Elm Street to its intersection with Locust Street when signs Y5h ?A` are posted; on the south side of Third Street from its intersection with Elegy Street to its r :t intersection with Locust Street when signs are posted; providing a severebi33ty clause; . providing a penalty not to exceed two hundred doilorc; and declaring an effective date, (The .x Citizens Traffic Safety Support Commission recommends approval.) 1. Considor adoption of an ordinance of ti^,e City of. Denton, Texas, oroviding for two-way traffic east and west bound on Gary Street between Elm Street i'r 4 and Locust Street; and providing for an effective a " „X date. (The Citizens Traffic SREety Support Commission recommends approval.) J. Consider adoption of an ordinance of the City of c3+!,'4'° Denton, Texas, providing for two-way traffic east and west bound on Third Street between Etc Street i ' ~+1i a and Locust Street; and providing for an efiective f ~i I date. (The Citizens Traffic Safety Support I Commission recommends approval.) 1. Consider adoption of an ordinance prohibiting the parking of vehicles on both aides of Gayla Drive ,w from its intersection with Mayhill Road to its intersection with Bridges Street; providing a severability clause; providing a penalty not to r 54 exceed two hundred dollars; and declaring an effective date. (The Citizens Traffic Safety Support Commission recommends approval.) x' w rS* , d' +.P~13F Ilse..,..., R.:u•r,Y.ur.. w a. . _ . . •N i S City of Denton City Council Agenda October 20, 1987 Page 6 F L. Consider adoption of an ordinance prohibiting the parking of vehicles on both sides of Metro Street from its intersection with Interstate Highway 35W k Service Road; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. (The Citizens Traffic Safety Support Commission recommends approval.) t , 1 t 4 M. Consider adoption of an ordinance approving an agreement between the City of Denton and Brazos M Electric Power Cooperative for the purchase of ' electrical facilities and easements; and ti providing for an effective date. (The Public v Utilities Board recommends approval.) N. Consider adoption of an ordinance authorizing an agreement between the City of Denton and Texas Utilities Electric Cotapiny; and providing for an .st;. effective date. ~ 0. Consider adoption of ordinance and service plan annexing a 9.2154 acre tract of land being part of the J. Early Survey, Abstract No. 1279, and part of the Moreau Forrest Survey, Abstract No. t,k Gt° , t1, 417, and being located at the northeast corner of Mingo Road and North Cooper Creek Road. (A-47) (The Planning and Zoning Commission recommends approval.) ; M P. Consider adoption of ordinance and service plan annexing a 24.3957 acre tract of land being part 54; ` t of the J. Ayers Survey, Abstract No. 2, and part of the B. Burleson Survey, Abstract No. 6S, and t being located west of I.35 and north of intersection of Rector Road. (A-50) (The Planning and Zoning Commission recommends r k 4, day N ~ r T. Consider adoption of ordinance amending Chapter 21 of the Code of Ordinances to provide for a F ,•Y , ~t, partial tax exemption for designated historic sites for a period of ten ears{ providing fair the recapture of taxes in specified cases& and . ~'1'~'fd! providing for an effective date. (The Historic t Landmark Commission and the Planning and Zoning Commission recommend approval.) 'r '16t: y { t r n'. . JY~AG'~.4nf w.JMw.v:.«,u... . ...,.u.M.. e..~mw',.e n. n..r.. . 1 r Q i 7 7 City of Denton City Council Agenda October 20, 1987 Page 7 R. Consider adoption of an ordinance establishing fees for ambulance service and related services; s' and declaring an effective date. Consider adoption of an ordinance authorizing the Mayor to execute an agreement with Black 4 Veatch Consulting Engineers for a feasibility study of a solid waste incineratioi, and steam It I facility. generation 7 Resolutions ;ry A, Consider approval of a resolution leasing parking spaces located on the Williams Trade Square and k r declaring an effective date. B. Consider a F "s time and pproval of resolution setting a date, Y' place for public hearings on proposed annexation of approximately 587,3035 acres of land being part of the J. Clayton Survey, 4.. ` 75 Abstract No. 121; J. Lamar Survey, Abstract No. i' 4g, and M, McBride Survey, Abstract No, 804, w• , C. Consider approval of resolution setting a date, time and place for public hearings on proposed annexation of approximately 229,S212 acres of z,'* land being part of the Y. Tanzy Survey, Abstract n No. 1153; S.A. g M.C,R.R, Survey, Abstract No. 2918; andSp'rt of the W. Coz Survey, Abstract No. X41 2 D, Consider ap roval of a resolution temporarily A 4F " closing Hickory Street between Elm Street and Locust Street on November 21, 1987; and declaring an effective data E. Consider approval of a resolution authorizing the +yc ` condemnation of property for drainage and street improvements and declaring an effective date, Consider a decision to allow the City Manager to negotiate for the sale of a 1,365 square foot tract of city owned property at the northeast corner of Nest f,r Oak end Bolivar streets, r (D 42) (The Piannin and ~ ,4,Fa Zoning Commission recommends approval.) B l, t 91 Miscellaneous matters from the City Manager. , r.. Y' a * ~lpiNWMM+ l A {K"IF9.3F6wJW:*Ie1n.Aawik•+Mm.r.w.:.... . .w_. ! i, a. x i h 1 J+ b E " t City of Denton City Council Agenda October 20, 1987 Page 8 10. Official Action on Executive Session Items: 1 A. Legal Matters " ~4 It .f B. Real Estate: C. Personnel D. Board Appointments '7 Yyn New Bus'.ness: Y VR , N F, This item provides a secticn for Council Members to suggest items for future agendas. 12. Executive Session: A. Legal Matters Under Sec. 2(e), Art, 62S2•17 V.A.T.S. B. Real Estate Under Sec, 2(f), Art. 6252.17 a4 , V,A.T.S. Personnel/Board Appointments Under Sec. 2(g), r . Art 6152-17 V.A.T.S. r Al. „ C E R T I F I CATS: 1 certify that the _above notice of meeting was posted on the 'r bulletin board at the City Hall of the City of Denton, Texas, on : the day of , 1987 at o' clock i 1;l Epp P CITY 9EMMY Jf Fa' FO" b ~ 6'Il'r rr A. Y r 3 ~ 1.'''S~" ay @~~f , 1 4 y4$ V.F a f ~.r,.rvr.rw«.«.,n - .+rwi.erw.YMa.Rr+r"'°"~".... .....w.nAe rr►..eM*rv'r'.+'•^" .i♦ 1 t~p to}r.3, y @ ti1 , J~yy t 1 f ,~s~rY ay rk~ 3 ri ~d''ir r i f.. r . t ''tG n t t et p j i ';ter ..v- j; ey F „ ~1 S e t al ' , ti CRYo/0ff~ TtXA$ MUNICIPAL BUILDING/ DENTON, TEXAS 70201 / TELEPHONE(St?) 500.8307 ~ Of lao of the City Menapa i r r' Z F M E M O R A N D U M Tt r'+.t a i la - 3 TOi Mayor and Members of the City Council FROM s Jennifer Walters, City Secretary ` DATE! October 15, 1987 SUBJECTS Back-up for Agenda Item t 1-work Session =G': Mil "iry ' The Planning Department is furnishing booklets for back-up regarding this item. tit` Ff e l:. { ~t , 1Fj I' , l 1 +s S it k ~ 9il' t r i <hk 5 k .1' s .ttl" C N Y "a N k,wi; G r v! ~1 t n Lw+rwM+, i++. ..............rv......<,.wnt4 i +gyrwn•.r,,•iwn,.,,rwwrr ~ y, +Ck 1 q ♦ 'k'7 ' , • i k ri1~ r r It , , '.I ItY+ t N r t r t ~ ~ e 1 • t + r r. i } r. X30 k~> yi 11 + , "x7 CFTY01 DENTONI rffXA8 MUNICIPAL BUILDING/ DENTON, TEXAS 70201 / TELEPHONE(017) 000.0907 ` Office of this Gfy manapir r' NY" MEMORANDUM TO: Mayor and Members of the City Council pia r FRONt Jennifer Walters, City Secretary DATE:` October 15, 1987 1r SUBJECT: Hack-up for Agenda Item 1 2- Work Session 'At',the August 18s 1987 Council meeting, Tom Van and Roselle Weddle'' t ' appeared before the Council asking for a taxicab franchise in the 1 r City lif Dentbn. The Council requested that this item be placed on F,t Uria a work se,siLon for discuision. i have attached a copy of the legal r f'' ,+4 opinion from Joe Morris regarding this matter. v } r t .c h r 1 v l1., r i r '1 '°r 5~~r~r~ oe ar w ters X72702 . t1'; r r rY ~ < r 41`Jb~( r ill, t, r i< S~1 f,W ^ ? i "'w'M11°~+-wA,.~iM~CRrA/prjtRift7iWtihl~t/u.[iAw,+r'w+r, l~a+ rz , 1, 4 1, L 1 4i k . r' ' r, y f, - 3 r" 1 ,3. OFFICE OF THE CITY ATTORNEY r MEMORANDUM T0: Debra A. Drayovitch FRO1d: Joe D. tdorris, Assistant City Attorney SUBJECT: Request for Exclusive Taxicab Franchise w: DATE: :[arch 11, i986 on January 10, 1986, Charlotte Allen, City Secretary, forwarded u t - a written request from Denton Taxi Service asking that the city i a of Denton grant it an exclusive franchise to operate all licensed rho taxicabs within the City. We have been asked to address what action need be taken in order to grant the request. Although the City Charter provides for the granting of franchises to ,r companies that wish to hake uae of City property to carry on its 0 Ft,A; business activities, a request for an exclusive franchise to t, ^ opperate a taxicab business raises significant legal issues that should be addressed before the procedural steps that would be required to be taken to grant such a franchise are answered. 3 Exclusive franchises such as the one being, requested are subject 4 to attack, as you know, for being in violation of fedet+l anti- ` trust statutes, specifically the Sherman Act, 15 U.S,C. Sec. 1, R1.> and the Clayton Act, 1S U,S.C. Sec. 3. These statutes prohibit certain anticompetitive activities and provide civil remedies to ' ys p"arties who are dar;aged as a result of those activities. To ynderstand how these, statutes could apply and to clarify some of the significant legal issues that would sieed to be addressed should the City wish to grant the request fir an exclusive .taxi- cab franchise, a brief review of the nijor court decisions } Interpreting the federal, antitrust statutes, as they apply to i municipalit es, is necessary, In Parker v. Brown, 63 S.Ct. 307 (1943)0 it was held that it was E „Y , jr,,• hot Intended d that federal antitrust statutes were to be applied F W' to, anticompetitive SegislaturabI M nicipalittes, on of the a state other to d,~g were rh ld not `t r' a,;`rFE; ; to be beyond the reach of the antitrust statutes unless their anticompetitive activities were authorized by `a state "pursuant F to state policy to `flisplace competition srf th regulation or i s ti ' honopoly public service," city of,~Laf~axett_ev, Louisiana Power F 8 Light Co., 99 S, Cto 1123 kiy7s AltthOUJ the municipality xf4n,4 nee not a able to point to a specific, detailed legislative r r it y t p,c.w. s..!w<w. „,Y r.wn.r.....•.:rs.a^gvroe++Pw,uwe+MPk10 ,r pit v.. ° 'r t m. ~S J !lebra A. Drayovitch ^ Narch ld, 1986 Page Two I G ~ + authorization" to prove that a state policy to displace com~ petition exists, it would be required to show that is acted pursuant to a "clearly articulated and affirmatively expressed state policy" that was "actively supervised" by the State, id. at 1135. In Communit Communications Co. V. Ci~t of Boulder, ti S.Ct. 835 (I984), the ourt e that a municip+a ly•s status k As a horse rule city under a state's constitution, which conferred upon the City the general authority to g,siern local affairs, did not in itself constitute a "clear articulation" of a state policy to authorize anticompetitive conduct by the City with y°y4o respect to the regulation of cable television, f After City of Boulder, there remained considerable uncertainty as'to ow expi cct a~state's legislative authorization had,to be yr' ` In order to sanction the municipality's anticompetitive activity sothat is towed successfully claim exception from antitrust r, t' . x?* scrutiny; Would it be enough to show that the state authorized rG the;. Y, or would it be necessary to show that the anti- coigpofitive conduct was compelled by the state? Did Parker imwunity.,apply, absent active state supervision, or did the s`tag have to retain a more active role in order to immunize'the city? ` r, ftx.. Much of this ambiguity was resolved recently in Town of Millie v:; Cit f Eau Claire, 105 5,Cca 1713 (.985), t+. tt a Eau s re,,- a unan moos ourt held that the 'clear articu at on o t a stat6'p'olicy`to displace competition'does not require that the state legislature "have stated explicitly that is `expected the City' to "engage in conduct that would have anticompetitive' a f4ctt is sufficient to show; that the '!legislature ,J,F}hXl eontempl Ced the kind of action complained of." Cd, at 1114 { Moreovfr, the Court held that "although toupulsion aafflrmatively exprgvied a&y be the best evidence of state policy, it,'is by no ,f4 meshal a to e4Uislte` to a. finding' that a rduriici alit p y'. acted ' + pp , u fuant' ~to 'clearl'y 'articulated state' pot icy.+! Id, at 17'Z6. 1AsYlyp;thq,Court held that the.suggestir,, made by.the'Court In s Ate ,y Cit` _ of : Lo£avette, ,;"that a , city claims ng the state action " , exeRpc on : must_ s ow that its a.nticor~petitive conduct wa's` wZt"iYely 'super'vised by thb State should not be imposed In case; in~wrhlch 'thb `actor is ,a municipality." Ida at 1710. i <<r Ott►ough. Ci~t _of Eau Claire put to rest muc) of the ambiguity a,°► thjt hsd previous y ex ste in analyzing a claim that d munti- 'r? 's pal Ity~s anticompetitive activity is or is not exempt 'from federal antitrust statutes,° some uncertainty remains, ` The 'pYes i• ihr~ryf,esults of tie 'Principles Stated In City of 99u ,C elre, is s n i , ' ~ ".v,w.,wr+~dtgaNplplT.yl.Ngt+aet~+r,~.~ , ` y ~ 1 .M `V rl. r , f a~ ° , t ) ~ 3 S : r k o f , 4.. y' Debra A. Drayovitch March 14, 1986 page Three j as applied by the courts in pending litigation, are only now. ' beginning to be seen. in Independent Taxicab Drivers' Employees v. Greater Houston 4 Transportation o., 760 E. T6b~- 0 t, r. cert. d e~•a I3T~ the court applied the principles of-WE-7-6T-Mau Claire to a claim brought against the City Y of Housto' Skye operators after the City ax ca w concesson for `t passenger service at the oustoneIntercontinental Airports to one Y taxicab company. In deciding in favor of the City, the court , Y stated that "Texas has delegated the management of both private !'r paid carriers and airports to the state's municipalities through statutes expressly directed toward these ends." Id, at 611. The conclusion reached by the court was based on its analysis of two state statutes. The first statute authorizes municipalities i "(t)o regulate, license and fix the charges and fares made by any person owning, operating or controlling any vehicle of any rk character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and ` ltl, t " alleys of the city." Tex.Rev.Civ.Stat.Ann, art, 117S(21)(Vernon 1963), The other cited statute "s eciEic, p lly authorized , municipalities to grant contracts for the provision of goods and services at their 'airports." Tex. Rev. Ct%,.Stat.Ann. art.4Ed-4 (Vernon 1069) Id. at 610. Construed together, the court geld that the state statutes "articulated a policy of regulkory 'deference to its municipalities' which exempted the City from " the constraints of the federal antitrust law. Id. at 611. Althoujh Ind.eeendent -Taxicab makes clear that a municipelicy may ti`+ a,u~1 grant an- exc us ve taxicab ranchise at an airport it o;,erates, ; 4, 4 1 ie;doas'not clearly answer whether an exclusive franchlie may be itgnfed'to ,1 taxicab company to operate upon, the public streets ry r of a 'city ':where such : operations are not In conjuncO on with s l• $6Vfid ' trai.sportation'. services at the city's airport. The at;yri~ quedtion left- unanswered by the court, obvi )usly, Is' whether the scate'statute quoted above, which authorize, Texas munir1 alines, , -PC 'It6,'regulate, l-icense and fix the charges and fares" of taxicabs, „by`itseiE; is a''1ciearly articulated and affirmatively expressed" yr`,;lr+' strte;,poticy to displace eompetitidn In general taxicab opera, S„,r1, , cl"ons'within a city. t.yould suggest that prior to devoting the considerable time in legal,-research 'that would be necessary to fully, address the qudstion left unanswered in Inde'endent Taxicab, that the_ City Council ravie the request an ma e a eterm natiun whether the l~*11yy~33L ~ ~ a r~ 111 y y JY M ~r J,I,N r r+i~ t R.t'4a f ti t z X: ~ Y Debra A. Drayovitch March 14, 1986 Page Four d granting of an exclusive franchise would be appropriate. In ' !k!' this regard I would note that Denton Taxi Service stated in its r written request that (wle would like to receive this franchise to protect our taxicab investment as we have been hearing that others are wanting to start more taxi businesses in Denton,', f ,ft Obviously, an exclusive franchise should not be granted merely to ti~Kaf protect a party from competition. A primary purpose of an - X r exclusive franchise is to insure auequate public service in the activity being regulated, that could not or would not otherwise be provided without such anticompetitive regulation. It is for ! the benefit of the public that exclusive franchises are era r nted. Of course, whether adequate taxicab service can be gra r provided to the public only with anticompetitive regulation is a legislative determination to be made by the City Council after ra careful consideration of facts showing the need for such regulation. t•,; k'tiv,l in ''closing, it should be noted that while municipalities are now .1hielded from the paymtit of monetary damages for violations of federal antitrust laws, as a result of tha passage of the Local 't Cdlrernment 'Antitrust Act of 19840 thty are still subject to injtinCtiVi-relief for any such violations. :Since attorney fees 41 may stl'll-~ be.,awrarded atung with any injunctive relief gra'nted' rrO ut1!IeC15UA,C. 126, substantial costs can still result from a r y N v.Colation of.'the antitrust laws. r i «,4' a Respectfully submitted r: S1~ , ti psi 1 `b, . u M tk A P rn..~-. ~ •^T' 'r"'."!^`ww~NwMIMrIM~~a•er.... . a ` ~d f I A -t Y M l^~ ~I. r j^ is y v 7A r I 1 v, r r • ~ c r .t ,rir, wa ~ 1 t„S 9p 2 ~YY1' q~ f ' V i !a ' iyi F .+1 r 4. 1 5'~ jr C1 l+ei DEW", rax" MUNiOIPAL BUILDING 1 DENTON. TEXAS US01 / TELEPHONE (w) "#-M * J t; DOW of N►e city Ullo r trS)` MEM0RANDUM } TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE-. October lb, 1987 r '1 SUBJBCTt Alignment on Woodrow Lane The' stash has laid out the preliminary alignment on Moodrow. ' IU14e, 'we hid funding -difficulties, we have looked at'' way; . to ; ,siwb,moneyin't$e' crews by eliminating or narr,owinj, ths`median artos~ 1 <would 11ke tq talk to the Council about' this alid`` the a xt' AidI'art open itsa we are' proposing on Woodrow Lane. ~ rc Lk t ',3, t!e 'Viii hiye a Ylarge drawi>rt available at the 'Council meeting,; 6' ,jz e'k l1 D `hi to review it with` the Council at that, ti, a Ain ~ pV ahawe r"anY questlona that they might have 'Ni k" IN, -Sv 0 la Deprily , C1°tj► Manager . 3 ` , f y ~4t.;. } rp 1 r. f ~✓f Y A v ~'i °rf 1~ i' ~ ! J+ 1 N lRi' 1 Y 1 r 1~ V , a J ~ l A LL w ~ r ~ ,~a r' Ffi YI d1,f~ , . ~ f s, ~hh ~ . f k + 61r ~ 'r +..-~.w.r»rs.~n.rwwwMwssaa+Mraalswn+wr.+..~. ~..*~w+r+rt~Nrr.n~r.r.. _..__..^„~"Y'++IytMU'MTswMlAWIMMW/kW~MYrr,P~aMGb+AtlMNIrNAM'w' ' i + Fri ~f ~ r 1 r~a 1 r r~ ,r r r ~ 4~ 1h~!~ h r y _ _ r r r rr , rd " 1 i 4 S , ti y CITY 6f DENTON, rEXA3 MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONE (#I1) 5ee•690- i ial oHICe of the City manager . M E M 0 R A ND UM ~I TO Lloyd V. Harrell, City Manager Irk` " " FRO14: Rick SY01a, Deputy City Manager %r.1 i T DATE: October lb, 1987 ' SUBJECT: Discussion of an Ordinance That Requires Maintenance H of Swimming Fools r We have had a request from at least one local pool service tYs,°, 'nr company to consider implementing an ordinance which would 2•i,~ require continued maintenance of a pool or spa after a premise +f~' ~`t hac,been `vacated: 4pperentiy in Farmers 'Bunch, there have 0een'3•everal cases of drownings or near drownings In swimming pools th•at have, not been maintained. One of the reasons for z r`rthe drown 111 s was that the victims could not be seen in the i " x ar1~ soihteoanetecauser ithad turned a dark color froma lack ;'of I r 7, The `on'ly, ordinance that, we are aware of is an ordinance that passed in .Farmers'Branch', and we have attached a':copy for `,qm , your ievlew:° Such an ordinance would require existing owners,;3" tef~snll; or real estate brokers to maintain swirmivig pools ^so E y if":ihyone ventured, into the pool, they could be 'seen more 4 readily: Yw'b As far i%''we know, Farmers Branch' is the only'I,Gity that, his 6 % p tsdd .such an" ordinance. it is by understa:lding that ' bal,las 3,~a vat: ~tofs,idering, a similar ordinance. An ordinance like this k" PIf' would require the owners or the real estate brokers to, pick up t m6re Cast ;for , this maintenance: It would also' require us, to make' -these inspect-ions upon request or when our,. inspection', , wY ~'rel i ~r. people ndticed 4 `problem. ,t,hought` it would be appropriate to discuss this item with ;~s + tie ;Council Members and receive their direction baf ore initiating; any such ordinance. If the Council has ._any w`,5•~{: questions we would be happy to try and answer theta at the ti~N~h isebtin 4 'o . r 1y r c e a( epudty city ~faneger am/sb6sM J +wrufA , E r LI +K v.' dk.l T A~,w" k " :h~ Nti r c ~ •4. I 14 4,i A' s 4r k. j' w ~~JJ Ili f 111! t I F1:1 r I -mill or I} r C F ~ Iv IRS F EWE CH j ' ORDINANCE NO. 1666 if 4 Y , aq, A - • .1 „r AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, y RELATING TO THE SAFETY OF PRIVATE SWIMMING POOLS AND PRIVATE SPAS; PROVIDING FOR DEFINITIONS; PROVIDING REGULATIONS FOR SWIMMING POOLS AND/OR PRIVATE SPAS; PROVIDING FOR INNUAL INSPECTION3; PROVIDING FOR ENFORCEMENT RESPONSIBILITIES; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED ONE THOUSAND ($1,000.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; f f 7 1 b+ " PROVIDING FOR SEVEPABILITY CLAUSE; AND DECLARING f , AN EMERGENCY. s I~ Y•} 1AIL ~I i , v}4 "k o 7 ff= NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0'". FARFlERS > SRkNCH, TEAS j "I 'v A' SECTION 1. 1 ' That there is herebyy adopted by the City o'; Farmers ••~i Branoh,;Texas, this ordinance which shall be known as ':he Private rwimmin Pool ordinance for the purpose of providing safety and. protection of persons by establishing rules and regulations ~`or ;prvae:sw t imming pools and private s as located at one-family dd pp weliings.(detached)' one-familyy, dwellin a 3 Eto-family dae131ngs~ Pools and spas atgmulti-family )~dwellings, hotels motels, P d private: clubs and all other ools an s as 16C6tbA within the City are regulated by a separate ordinance. a 81=10..4 2. ,Definitions (A) Ctty &hall'mean the City of Farmers Branch, Texas, r (rA~ Director of Communit Services shr,ll mean the Director of the° 41 Y Commu~llty Services Depar meta of the 'City of Farmers Branch or F his/her authorized representative, ;7r (C)'One~Fami.v Dwelling (detaches:) shall mean a dwelling deigned I An constructed for occupancy by one family and located on a lot { . 1! ^^S " e + ~ '..h pz Y /k c•'; 1•, -w«~. ..+r.M(M.K.yA~aL'wilrl.Y.tA~.)y'L~MiF..V4.w + f Y 4 1/ d 1 ~ _ Y I + F or-separate building tract and having no physical connection to a building on any other lot or tract and occupied by one family. (D) One-Family Dwelling (attached) shall mean a dwelling which !s joined to another dwelling at one or more sides by a party w611 or abutting separate wall and which is designed for occupancy by one family and is located on a platted separate lot, delineated by front, side and rear lot lines. (E) Owner shall mean person claiming, or in whom is nested, the ownership, dominion or title of real property, including, but not limited to: 7 1. Holder of fee simple title; ,6F 2. Holder of life estate; 3. Holder of a leasehold estate for an initial term of five (5) years or more; 4. The buyer in it contract for deed, S. A mortgagee, receiver, executor or trustee in A^i~ r contra of real property; but not including tho holder of a leasehold estate or tenancy for an initial term of less than five years # ?rM ! (F) Person shrill mean an individual, corporation, business trust, T. f ti,< estate, trust, partnership or association, two or more persons having a joint or common intexost, or any other legal community ~y entit x (0) Private spa shall include, b•A not be limited to, therapeutic pool, hydrotherappy pool, whirlpool, hot spa etc, located at a v i one family'dweiling (detached), one famil dwellin or a tic-famil dwelling, Yt ma y g (attached), may +nclude, but not be limited to 1 d, ~'ati Lt hydr' j6V circuyy lation, hot water, cold water mineral baths, air induc ion bubbles, or any combination thereof. t ! 4i) Private swimming Pool shall mean an yy pool located at a dne-f .ally dwelling (detached), nne-i'amil dwellin attached), a Vt'. a wo-family dwelling, the use of which is limited to merr,bera ! ra,4~~„ of his/her family or thatt invited. guesto.. ``1) Real Estate Broker shall mean any person ! rr'`~' r doptract for the sale, loaning or mahagement oftanone-family to a dwelling (estached), one-family dwellin r g (attached or ,r t'wo-fakl dwelling for a fee or commission where he contract ra ti, requires he.Broker to exercise ppossessory control and responsibility over the subject dwelling, (J) Tenant shall mean any person who occupies a on family ' dwelling (detached), one-family dwelling (attachedor a L 2- - 1 L I &dI R1. 1 rl e' Yea 4~; i~ 1 aJ1: i a y a is rFS M\a Y1u4 .i; " ..a + P , s 2 r . ° di r' h tY J i 1 two-family dwelling for living or dwellin owners consent, 9 purposes with the (K) Two-Family Dwelling shall mean a single structure designed and constructed with two living units under a single roof for occupancy by two families. SECTION 3. Regulations for Private swimming pools and/or Private Spas. Every person in control of property within the ci owner, tenant, or real estate broker, upon 4•hicris,located as one-fami], dwelling (detached) and a private swinnin spa, a of. family dwelling (attached) g pool and/or and/or si. ~or a two-familydwelling anddaaprrivateeswimminggpooll and/or sp; ,hall comply with the following regulations, Fences Very private swimming pool and ever yy private dpa shall be enclosed with a fence that is ? a minimr+n of three and one-half (3 1/2) feet in mt=4 height. The walls of any building may be a part of this enclosure. There shall be no openings therein, other than gates or doors, larger than M; 9 four (4) inches square measured in an direction, except that measurement for a icket fence orf Picket type fence (one com osed P primarily of ~ vertical members) shall be measured in a horizontal direction between members. The Director of Communit Services is hereby, nI ranted -authority to mody ifyy these fence rogult~tions n situations where natural b+srriare such as pended WAter form a boundary to a yard where a private sWimmii~g pool or spa is located; provided that such a,tiatuial'barrier will provide adequate security in ths..'judgament of the Director of Community ; r Services `Gates: All gates or doors o erring directly into p aY">ar r,, the private, swimming pool and/or spa enclosure, 4r`yn1 `humn4tbeingshwhichrform any )artlofgthec9mclosura yy pp shall he equipped and maintained with self-closing and self-latching devicea capable of keg ing r. of doors securely closed at all timas when 9htlates i 1ates or doors are, not in actual use, t evices shall be attached to then ersalf-latching ass such PP uarto a Y gate or d 4 r of oor, / .3- r 4 Y~ t 4 1, , ~ ~ v..1 Mau N 1 I ..r ~ :.a~ r` 1 "~''Ml~l'1 /aWM/'LW'.NNswriiFW~ww.vN ~ • t Cj r., r gip, r All gates and doors opening into the private swimming pool and/or spa mmst be securely locked with devices tech as padlocks, chains and locks or similar devices immediately when a dwelling is } vacated and must remain locked until the dwelling is occupied again, except .hen the gates and doors are in actual use by an adult person. water Clarity: Every private swimming pool and spa j shall have water clarity sufficient for the main drain, or a six (6) inch diameter turbidity test disk placed at the deepest part of the pool or spa, to be readily visible from the surface of the deck above the pool or spa. This water clarity standard shall not apply if the pool or spa is completely covered with a structure capable of supporting a weight of 75 pounds and provided that the pool or ape, is kept free of mosquito larva, SECTION 4. .F Inspections and Reinspections of Private Swimming i Poole and Spats 10 The owner, tenant, or real estate broker in control of a property containing a private swimming pool and/or private spa as defined in this ordinance shall consent and agree to ermit and allow the r, Direction of Community Services or his/her authorized representative to make the following inspections to insure compliance with this ordinance. Annual inspectionst At least annually, the owner, ; 'titi a kr 'gyp . tenant, or real estate broker in control of a property shall make the private swimming pool and/or private spa and the enclosures surrounding same available to the Director of Communityy 4 s Services.or,his/her authorized representative for in's action to insure compliance with this ord nande,' When possible, this inspection will be made by appointment. >n Complaint Inspectionsi When upon reliable • ;r, r` information, the Director of Community Services or his/her'.authorized representative ham reason to ; believe that violations of this ordinance exist, r4 the Director of Community Services or his/her authorized representative shall have right and access to inspect tho private swimming pool and/or spa'and'the enclosures surrounding same upon satisfaction of any laws, rules and requirements concmrninq the obtaining of a search warrant. 4. r~ Y h 4 1 area ri Y r Y?,} r.;r. ra r M Reinspections; In the event any inspection authorized by this ordinance requires a reinspection due to noted violations, the Director of Community Services or his/her authorized representative shall have right and access to make this reinspection, it a second reinspection is necessary due to noted violations, then a $35.00 reinspection fee shall be paid prior to the second reinspection. SECTION S. Enforcement Responsibility. The Director of Community services or his/her authorized representative will have enforcement responsibility for this ordinance, SECTION 6. Penalty. Any person, either as owner, tenant, or real estate broker, E violating any of the provisions of this ordinance shall be deemed tCoartyshall bessubjectrtona fine notvtotexceed One Thousandl yE! ~f "y~ D611ar`s'($1,000,00) for each offense, and each and every day such violation continues, it shall constitute a separate offense.' R " SECTION 7 , Injunctive Relief, , In,:addition to and cumulative of all other enalties, the Cit A", ~ shall have the right to seek injunctive relp yy ief for any and all ~t« k1 rt.J vioiationa'of this ordinance. SECT `ON 0. Soverability Clause, If:any:section, paragyraph, subdivision, clause, pphrase or provisiott'of this ordinance shall be judged invalid or 1 t unoonsLitiutional, the same shall not affect the validit of this A ordinancs'as a whole or portion thereof' other than that portion so deoided.to be invalid or unconstitutional. ° c w 1 $E6'! 69' 04 Declaring an Emergency.sent ordinances of the City of Farmers pro bradch;° T6kas, do not adequately rag' late the use and operation of private swimming pools and private spas within the City creates.an,urgency and an emergency in the reservation of the rt;iubkia` health, safety and welfare, and requires that this . r<< d} ordinance shall take effect immediately from and after its 1% t V pal y { r, ~ - ,.w.. , _ _ „:..cn,«.yyN'+'#WPikTW1Mk">'1~W'ii6lAfiWl+M1M'iia-y{{-b~•,w«W r a. n'N 1. Y.1 , i y 5 1 r X '.1 r passage and publication of the caption of said ordinance as the law in such cases provides, and it is accordingly so ordained. I DULY PASSED by the city Council of the City of Farmers Branch, Texas, on this the 22nd day of December 1986, 41 APPRO D- ,r a k1yyY ',J - May - - - - = - - - - i. APPROVSD AS TO FORMI ATTESTt y I, R~~ I Slv 1~~ r!i r r_YrY`- Y y Yt M1 it ~ y ~ ~ o f f 1 r, Cty AEtorney city Secretor I- v~ 4, 1 P # YJ l I.J.1 t ~'r 1 ~ rt~wl: /~~1 }R 1p j:1 1 1 Iii ~ 1 Y. 4 i~ rS €M ~ F I . 1 [~~y!r~r f~ . Pr Y I ~ . vrr+ Y! , ~ 1 W~~ 4ti~PI ~ .~ar~ rS H~ f Y~ < L) 1 v ~ 1 !t Jul Y It~~Y.• /k• .6•~} Y. 3 # f2 1 ~ Ilt p~q !i Yt~ r t i . i. NMA~1{~~4}~IdM,~~t~~YM'~ i 1 rrY1n 1 •.Y . / 5 IJ 1 Y ~(4 f S r i ~ ,t~ W (y 4 ^ ~r n I .1 I t r s , t6 1.°_; l Y i .aye. R(`e~` t y ~ 1' I A 4 ~ a y i 1 _ , r .r :.I I L F t, r. ; I I r F t Ii i r el" of offh ON, TEXAS MUNICIPAL 8UILDIN0 / DEN7ON, TEXAS 70200 / TELEPHONE (617) 660.6307 ONtce of the CIOy Reneger r~l 'a MEMORANDUM TOO Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATED October 15, 1987 SUBJECT: Back-up for Agenda Item S Work Session } • ~ of 1 3r ~ 1 I htlVa been notified by the Secretary of State's office thaty citiea holding elections on the first Satur46y in May have the option of,ho.idirg run-off elections either the second to the last Y the,1 89t Saturday in' May. The attached resolution will be presented to'couh6il at the next meeting'with the desired run-off date x, inserted. a {,''til w ' ~`+i PIZ d 0 a teta, G• 2727C/2 v$~^'v AYR n~ Y 1 TTt ~ h~l I L y q t h'. 11 b. e n` i t "C tiHK V'' fA , _.Y,....._ , ..1 TF 4~~~. +...Wy+~iWMIMiI'/Ml7rMM4'MNW~iigNl/.Aew.u•~•n.... 1, G yp. 1 v( ~ 1 a t q°° y " a Y q is t3 M,InfWM fai•.y t' i': .4 , .x. s E': 00 1T f lJ' ,t,y♦ L .1 . 41,11, a F ti , z ~4~ ,,11 ~.q r,t , 1 ty Y y I 2017L n 1 RESOLUTION NO. _ r A RESOLUTION DESIGNATING THE DATE FOR RUNOFF ELECTION DAY WHEN SUCH AN ELECTION SHALL BE NECESSARY; AND PROVIDING FOR AN EFFECTIVE DATE, r~ I WHEREAS, Chapter 2, Section 2,025, Election Code has been amended to require that, when necessary, the City shall designate either the next to the last or last Saturday in the month of May as Runoff Election Day as a result of any election held on the first Saturday in May; and WHEREAS, in recognition of and in compliance with this enactment by the legislature of the State of Texas, the City E " Council of the City of Denton, Texas, wishes to designate a Runoff Election Day; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Dentod ~r e yy;YI1 _ Runoff Elec lone pay, when necessary, as a result rofyany In May as election: held on'the fir st Saturday in May. : 3ECTlON `II. That this resolution shall become effective w~ fi,~'a ; ^ forme a7Ji`eIy p n its passage and approval. ' ~''kr y'' PASSED AND APPROVED this the day of 1967. r -KYOR r . ATTESri t~r 'gyfyMti ~d ~ 1 r r li,. r ~ ~MRSj ?f~ APPROVEb.A`3 TO LEGAL FORM: DEbRA ,tDA141 DRAYOVITCH CITY ATTORNEY 1aJ, 1 r a ? BY: u' e p r \ ~t j t4 - - r. ..,.r.,.R„r H0.wz+9Aw'EariY+INW iltlaie~M~iw~.~xrw.~' ; `4 -1 1 gipp' y'q'GMAO~in !*r N. 1 Fg 4 Sri.l 'i t 4 , '1 f "i 1 a err I r ' f " rl ~ r i " 11 j A v • 1 1 { , H f r q'~ ,S d C1'fyol DENTON, TEX48 MUNICIPAL BUILDINO / DENTON, TEXAS 78201 / TELEPHONE(817) 888.8307 t. Offke of the My Monapor a G M E M O R A N D U M ~ n~ v y p of"' TOs Lloyd V. Harrell, City Manager x; FROM: Rick 5vehla, Deputy City Manager i, Ff DATEi October 130 1967 i , r', 5UByECfs AlignMent on Woodrow Lane r * t k f ,y 1'k 'Fhe' 4taff' has , laid out the preliminary' alignment on Woodrow. ~ )t t Stnce Iii- had. funding `difficulties, we Katie looked at wa'y's to sAve Money ln:.the areas by elialnati would i ng or narrowing'. the Median y,. tr;.,' Areas.. Y'ike to'talk to the Council about this andthe m6di4h'openifig3 we are proposing on Woodrow Lane.' `"x P li'e ,will have a large drawing alrallable at the Council Meeting, Vol '.till b'e' ha r ppy to review it frith': the Council at 'that ' time and atiayer any,q` 0tians that' they eight have; Y I li . r T t J . i~ ~ RN1 r U G .r Y3 ~~ti "~f C ve I ~ 't • 1~epitY'Cy br K «'v 4 ,r ,I 4 ~1. q] 4 ~~1 1 1 F Wl~ r~fF 1 " r Iw f $ 1 i Q~Y ^1~rr f r i " 1 , lye,~,t VIA ~ .c r"~i~~G t' 1~ l y .I t' Mt~icvt+Ys++AW+{i7hMpY+TMM~JaOM~orw.«w+w.-,• i ~f1? i a t r 1 P w'~..*St1, {AI°l,"r. .141( . .G. ~.A ga ~.~i „ , pfy~,{,M 1. 4. C'r~ I•. „N ".h t„ ; n it ~e 01 ~ f t fl x ~ J ~ , I 1 f r 1 r Y f a 1 k IA '1 9 Rtlj I 1 I a l`~ ~ ~ , + e P°i r~( JI 1 " J1, a x°`V I' f 4 1 I Y 1 G'I i .r ,J 1D COMIQENITON TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 70201 / TELEPHONE(817) 806.8307 ' Office of the 01y Manager ! w` M E M 0 R A NDUM TO: Mayor and Menbers of the City Council s 'N IJ r PROMI Jennifer Walters, City Secretary ~w DATEt October 15. 1987 4Q ` SUBJECT: Back-up for Agenda Item t 6.A.2. - 6.C.4. i ~y r No formal back-lip materiels were presented for these items, L, r ,1'~1j Its ~ pa t 7727d/2. ! V y } a •N~RL4tY { YI ~ u v . % k e } ! J . 1~ , t y Ai.#M1 % f y 0 '~~M1 F J it 6 ~ p ~ F 7 y : e{ 1 `v . .i r1 !9! , i rr,~ 1• I• FI r 'jo 'A ~>t r Crib h~ 1 11 ! v` ! tl ' A i 10li ' a ~ v I '4' w I xr to "1''. I i,4 " f. n , ' 01TYoI GENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (017) 666.8901 r Office of the City Mosgor M E M O R A N D U M I TO: Mayor and Members of the City Council j FROM., Jack Miller, Chairman, 191 Committee " - DATEt October 14, 1987 SUBJECT: Update Report on the $10 million Street Bond Issue and the $210 million CIP Program This is the second in our series of our biannual reporting' ° }r r9 weeti'ngs that we have scheduled with you for the life of the CIP Program, We continue to be briefed on a quarterly basis by, ,W°?x the. staff on the projects and the timing for each of them, The taeofity :of the projects continue to be very close to the st edule, This is sometimes more painfully evident by the dtrtours one must maneuver. However, we are making progress and &Vd; proud of the results. Staff continues to prvide us with t r+, 4 information on changes problems or suggestions and we will address those in the bo~y,of this report. 4 1, $10 Million Street Bond Issue { In. the Aprtl report>we told you that almost all of thestreet ;R r`ep ving and oVerliyingg projects had been com leted, We had sbVen teneining at .tat time, The as f orlty of them are yj finish'ed;or will be finished by the time you receive this ~ .r 4Y W"S report. i', COMPLETED PROJECTS k r<< 1 Oak Street + Cedar to Austin w' 2 Locust Street • Hickory' to Oak r =A F•i 3 gin Street McKinney to Oak 96liver Congress to University `~w ire' 5 Magnolia the new aspphalt to Hinkle 6) Con iess Ponder to Oakland r t r u ~r iq~3 ~ ~q • ~ .S I, 7) Austin` McKinney to Mulberry ;;r„• / r 9r~~'~e!G~.'}" Y ri ter. ' f . , ~"+aF~ T a v .rf e1 + " r Ya' t ..d cry ,gyp r•r ~ , " ti, rv1 'r r } r a ,M s• p.• 1 . ' 191 Coamittee Memo October 14, 1987 Page 2 EXCEPTION PROJECTS ,~~,t {l) Congress - between Carroll and Bolivar - Starf has x; determined that the curb is in such bad shape that r repaving will not work in that particular area end some new curb work must be completed first. , ` (2) Austin - McKinney to Mulberry - Utilities will be 3 r doing some underground work in this area. We are aware of at least some tentative proposals to change some of the structures in that area which would affect the use of the street. Utilities will also be looking at modifying the rest of the underground system around the back side of the Square. Therefore, staff has suggested that we wait to repave these streets ` Cedar, Pecan and Walnut) until Utilities is (Austing finished, (3) Bolivar - contractor is just finishing, The repaving operation should be moving in within 10 days. E 1, i.s we indicated, there are sixteen rebuilding projects in this , r bond issue. a COMPLETED PROJECTS r 1 Stewart - Seline to Hercules r 4 Pe"rshing - Steuart to Atlas Locust - Sherman to Orr ,~r 1,'rF;r N Welch Street Mulberry to Hickory r;l ^xi,' r" (S Hickory - Carroll, to Cedar k" ' (6 Hickory • Cedar to Austin a e kf PROJECTS IN PROGRESS Glenwood Windsor 'to University the paving should be finished by the time you receive this report and lT , the project should be totally finished in November. J E (2) Avenue' C - ISS to Mulberry the section from 135 to a ` Eaggle has beer. completed, as well as the section from Mulberry to.Sycamore6 We expect the majority of the e work on the rest of this project to be completed during the latter part of this month and during 9 red? ,y: aCh'nnea authorized by Council from a rebuilding project to a ►~C,.' repaving project of the Square and adjacent streets. ap ,1;,'.r Ire, its IAA y r r .;ra, t f ,r, nci - yF Aid a •+>•tlt 6erv tvMMIl PiY:MaN'JKAwW7R4q`'rv'+'r`^ '.y 1. 14 l1 tk y`1 t 1 ~ - - J ] aa1 , _ ,yq y1 Y ~qi , r .F r ! it 6 ~ awn ~y d P ~4 y Y I. n I ~ '91 Committee Memo October 14, 1987 Page 3 : SCHEDULED PROJECTS " (1) Teasley Lane project - this Is virtually designed. It will be submitted with a request to remove it from the State system within the next month. Once we receive E °J that approval, we will then get ready to bid this project. Staff has suggested that we wait to award this bid until Lillian Miller is finished so that we do not completely handicap the Southridge area of town for access to the rest of the City, (2) Magnolia Street paving and drainage and Bolivar Street paving and drainage - these projects have been d combined. They are virtually designed and In approximately three weeks will be completed and ready .;F # to go out for b!.d. This prv ect has lapsed w approximately one month from our orig~nal schedule, hrr~°"' b° (3) Audra Lane paving and Acme Street paving - these are 1 scheduled for next year r'*s, (4) Bonnie Brae paving - scheduled for subsequent years? (5) Scripture paving - scheduled for subsequent years We see no reason why these projects will not remain on schedule and can be completed In the appropriate timetable. b EXCEPTION PROJECTS Hickory Street - Welch to Bonnie Brae was to bit A awarded and begun earlier this year. Staff has ` suggested that we hold Hickory Street and combine it with the Oak Street aria the fry Street paving later this year. Staff felt that by combining these two -they could coordinate the efforts of the contractor In < a much better way and could perhaps get a better f^^y rice, The schedule for Hickory was to be June of his year and Oak and Pry was to be November of this ~h4 < year, We think because of the Avenue C construction - ~I and its lag due to the phone company, it would be better to let those projects lapse just a little bit. We will look to begin bidding on these In February or March, { i 3,, ,7w I atF f ,t ~ ~ y1 y LI L+1 h I.. , ! Y , x3 , ~ wn.x~wiev.ak#.ww+v . ..w.~.wv.n.w fti n,^ ~~yy ~ ' F 1'~ ~l~,l A '^~'alAl~'~,iN~~Ji^•r"'~RtlIV4W JM- b I 'F } i¢Fp~' ~ !ley 1 ' r h I l 1il'y II '91 Committee Memo f October 9, 1987 Page 4 k $21,7 MILLION CAPITAL IMPROVE`S,r;NIS As we mentioned in the April report, the staff got a little bit of a slow start because they were waiting for the bond :ale on some of our early CIF proje(ts. Obviously, that sale has happened and they are now well into the CIP Program. The current states of )he first year projects are as follows: "OMPLETED PRnJECTS ^ (1) Stewart/Selint drainage project - completed in April. a}`; (2) Dallas Drive tvirn lanes - several thousand dollars yl,cs, were saved on this project because of the participation of the Street Department personnel, w~y}F /?t {3), Signal at US 380 and Loop 280 (4)' Signal light at US 380 and Old North Road t• PROJECTS IN . PROGRESS -IF 1^° (1) Lillian Miller Parkway - the majority of the work should be completed by Notiamber and we look to have r• the total facility finish3d by the first part of fat{t ghti, December, weather permitting. (2) Turn lanes - Lillian Miller and 135 these were included in the Lillian Miller bid. The turn lane at ' the Mobil corner is complete &P well as the turn lane on the other side of the freeway near Colters Bar-B,Que. Within the next three to four weeks, the r~"~''•Xcµ,','f`; other two turn lanes should be completed, (3) Pecan Creek drainage - there are approximately 20 j' construction days left on this w, , r project and we see no reason why the project cannot be completed 61ring'this time period. (4) Sidewalk projects on Hercules and Evers Parkway both of these projects will be completed by the time you ` receive this report. ~ (5) Controllers on University Drive and Carroll Dlvdr - c 6ta~f delivery schedules have been set up ar,d initial work i at the Oak And Hickory intersection on Carroll has , 4x`, Y:fq ( begun. , . ~ i r ' r qt•1 r I A ~M f i r I ; r , 1.. i 74 i;j ~n5 4 h + r 1 V r~ r yn i 191 Committee Memo October 14, 1987 ,JI Page S r (6) Drainage Study - a contract for the study has been awarded to Freese and Nichols. The drainage manual is i now underway and should be finished within the next four to five months. ,M t ' (7) Traffic Study contract - this has been awarded to Steve Hoffner of Traffic Engineers, consultants from Oklahoma City. This study is well underway and we ;l r look for it to be completed in approximately six months. I S, Rip r,, t +a. PROJECTS IN DESIGN OR BID (1) MLK Community Center - plans are complete. We have had to do some replanning on the heating and air facilities which is now complete. Our original time ~z Y`r frame of bidding in July has been set back to bidding the project by the first part of November. The delays , were further complicated by going back several times to make sure that all of the requirements of the " building were completed along with completing a final 9 review in-house plus receiving citizen input Y Y ,day ~ (2) Woodrow Lane bridge - we expect to have the bids. back., sy?p within the next three weeks. As you are aware, we z`IrY J:' suggested to you and you concurred that savings :i realized from Lillian Miller and the turn lanes be used for the Woodrow Lane street and bridge construction as well as some money from the Burning Tree bridged r ±:''tK (3) Carroll Blvd./ Eagle Drive right turn lane - this is designed and has been awarded for bid. We look for r the construction to begin within the next three weeks. ; J (4) Athletic Field design - proposals are o!it and the bids ; , have been received. Awarding of this contract will be in the next several weeks. 32.' .i~r6 a J. ' (5) Windsor/Sherman signal this is currently being designed, Stiff is having a problem securing the l`«µ.ti 4y poles for this intersection and getting on track to award bids for boring of Sherman and Windsor to install the underground cables. t , ~l~C't75y~ ~''JJWWlk`yy^n . r Z a' ia~ I i~ ) q } 5 Y• , I; FM1 ,]HA~~Y~1 ~1 •1.i M r , c a d t p ti 1 A J rry l~Yh all. ✓ , L I i 1 }P I L P '91 Committee Memo October 14, 1987 Page 6 If (6) Audra Lane and Burning Tree drainage projects - these are just about designed. They will be ready for bid within the next month, (7) Senior Center RFP's - these have been sent out, They 1 should be received by November 1, 1987 and then the °s { Committee will begin interviewing candidates. They ' will be coming with a recommendation to you in the i` very near future. { (8) Traylor PLrk drainage - this is almost complete and 1 should be bid in November. 11 EXCEPTION PROJECTS 3 y, Y ' rF (1) Burning Tree bridge - this has been one of our problem j y areas, The structure and the channel modifications that are needed for ultimate structure in this area are larger than we are physically able to late at that crossing. The ultimate structure required for a a,y 100 year flood is an 80' long clear span bridge, We € r" have only 60 of easement to work in and the topography requires even further revisions to burning Tree in this area which would affect ad3acent r r housing. Staff has discussed this problem with' usr' We hove asked them to look at other alternatives which are they discussing with the engineers. After all cE these alternatives hays- been researched, staff will ba: bringing alternatives to us which we will then } recommend to you. (2) Animal Control Center this was tti.i * little while put on hold for a pending contract negotiations with the Humane Society and the County for supplemental funding, As you know, we have received $40,000 from the County to enlarge the structure. Final irk negotiations are now pending with the Humane Society, We expect those to be comtleted within the next 'r several weeks and then we will begin the process of r designing the building and letting it out for bid. ay ` Fib IF ti I r - .,.3s4 r ON 4q1 A. 0 NrF iS.h{ •l$ti6eRAF.'~6.C.+Si+rvr.r. sd f} ~ a i t '91 Committee Memo October 14, 1987 Page 7 + (3) $151000 for new signal equipment - staff has suggested ' retaining the traffic consultant which we have f?~ employed on Carroll and University to look at the downtown square area. They have discussed the matter 11 with the consultant and he has indicated that for " t $10,000 or less, such a study could be performed, By using staff people for Installation, the City could buy equipment for two intersections for approximate $16,000 versus the $15,000 estimate thatmatwas ` I originally anticipated. This approximately $9,000 that could be used for la studyaof F the downtown square area, With the renovation of the Courthouse an-i all of the new paving in the area as well as the signal s „ C ystee upgrade on Carll, the ommittee felt that this was an appropriaterarea for us to recommend to the Council. (4) The Hfghwe± Department's rescheduling of the Loop 288 project - we will continue to work on this project and € o t if there are alternatives that we ch~ale t 'would help could implement solve our problem, (5) Fire Stations - Chief Cook has made sugges+fons on a staffing proposal that would allow the first station I :o to be built this coming year. The second station rM`~ rii~ q+ y~ would be designed at the same time and scheduled for ' k construction the following year. Staff continues to negotiate with the land owners for the southern site. projects for the remainder of this k the•. next year and the beginning of year remain close to the. attached schedule, The Woodrow Lane paving design is well underway and we.think we will be ready to bid on schedule by January, if not before, Mulberry and, Carroll signal should be installed very close to .,our time frame. As we mentioned, preliminary work of some of .'Ik the signals on Carroll and University have be un and I-IJ P F" installation of the computer and wiring of the system should be very close to the time frame that we gave you. We have "already " ~,rI begun some repaving work at Bell .Avenue, The remainder of that is scheduled for March of next year meeting those deadlines. The remaininnd o see no problem in 8 projects for next year " continue to look good, We think we will be able to meet or be 'Dra;~;w very"close to the starting dates that we suggested in our first s' scheduling efforts. } 1 ~ t , V Oro- 1 1, r r ti 91 Committee Memo October 9, 1987 }age 8 In conclusion, the staff continues to make progress and we are ~1 t pleased with the activities that are occurring. We continue to worry about the costs of the projects although staff has been ; able to confine costs of the projects very well. In fact, they saved money 01i several of them Including ' Street and approximatel $20,000 on Locust instances, ke have su y $b0,000 on Lillian Miller, In some ggosted to you that that money be spent on other proje,as such as the Woodrow Bridge, We are continuing aiY "I, to advise the staff to make sure these savings remain in the categories if we have not recommended that they be spent on other facilities, k , Me, are pleased to submit this to you, if we can answer further S;,C 6'L z questions we will be happy to do that at the meeting on xc October 20th. r, a ` T' Chc: We ,g roan` 191 Committee Attachment jw/2763C oy nic vyd tl : y~. ~f~* Y 9~ C} 1 C ~ t 1 ...5 M1 , 0 '1" 7 nl . ~ 4j'a thti, i 1d``ra 3 , P'~4V , gr 011 " 24 , l f i _ , _...•,•,wru.,,,yW,`+yr"li9a,aiw+h¢Vtu19Mk.l'J6"kara,~~w,w._ i, d'V t " r 4r r 1' ytiJ,t - K 1, .'4i d r v r ~ r'i 4 1 v ,h 5 5. , v , 1 S r s r I r ` r M BOND PROaecr$ 4/21/87 ' ~ SCEEDOLE ' hl PROKISED f rMICT PROCREII DOE DATie 8?DATEKC E' Xi RPP Bridges Designs Woodrow and Burning Tree Me CIP 01-19-87 04-87 Stuart-Selene Drainage (Awarded January 21) No CIP 02-01-87 86-87 Oak-ley-Bryan Sewer Lines U. CIP 02-01-87 BighWay 377 Water Line U. CIP 02-13-87 a Controllers for Upgrading Carroll and rt"' University N. CIO 02-15-87 86-87 ! Lillian Miller Paving and Drainage (Includes " ¢ w Three Turn Lanes) N. CIA 02-15-87 86-87 >4 r" i' t 380 and 266 Signal (Installed) N. CIP 02-15-67 86-87 Nottingham Row N. CIP 02-15-87 69-90 Pecan Creek Drainage N, CIP 03-01-87 86-87 AvenW C Paving and Drainage S. Be 03-15-87 86-87 6411" Drive Left Turn Lanes N. CIP 03-01-87 86-87 r Mcxinney Strait Water Line O. CIP 03-06-81 • RecieVe Contract on Drainage Study/update +k u. Drainage Manual No CIO 03-!.5-87 86-87 " RPP for Traffic Study N. CIP 04-01-87 86-87 L Hickory Street Paving and Drainage S. Be 04-01-87 86-87 K 4f,=t ti` - Tais2ey Lane Paving and Drainage S. B. 6 87-88 No CIA 05-01-87 66-87 Evers Park Sidewalk N, CIP 05-01-87 86-81 a~ a e a~" Mlrcules Sidewalk N. CIO 05-01-87 86-87 E bnivereity Drive Water Line l &; U, CIP 05-15-87 Carroli-EdgleRight Turn Lane No CIP 06-01-87 86-87 4{ Cr~,,4- Ahlmei°' Controi Center; ExFanaior. N. CIP 07-01-87 86'-87 aa~q„ ;''s Old North )toad and 380 S1 -al (Installed by) N. ciP 07-01-87 86-87 B011vac Streit Water Line U. CIP 01-01-87 ~ ~J Martiil'tiLutRer Ring; 3r- Recreation Center No CIP 07-01-87 86-87 f+ r r4 SenlorCititin Center Expansion No CIP 07-1/1-87 Bi-88 ' y~ Q AFhlW6 Fleld`Plans ' N. cIP 07-01-87*e 86-87 * 2 t <oodr,plBridge No CIP 07-15-87 ad-87 g Qakttiet Water Line U. CiP 08-01-81 Fry Street Plater Lino Tayldr Park Drainage U.'cIP 08-01-87 N. CIO 08-01-87 85-87 itindsor 448 Sherman (installed 1`y) No CIP 09-01-67 8b-87 y l{ Audra Lani Dralnage N. CIP 09-01-87 86-8T k, x Burning 41! Dralnage No CIP 09-01-87 86-87 Magnolia Street Paving and Drainage S- Be 10-01-87 81-8B 061141! Street Paving and Drainage S. Be 10-01-87 67-88 Abletlb Field Development No CIP 10-01-87 87-88 '!i a bck Street Paving and Drainage S. 8. 11-01-87 87-80 Fry.Stteet Paving and Drainage S. 8, 11-01-87 87-88 s * Burning Tree Bridge tG> N. CIP 12-15-87 -87-88 1106drq(t Lane Pavan y g N. CIP 01-10-88 87-88 i'"r+ Mulberry and Erroll (Installed by) No CIP Qa-01-88 86-87 Traffic'$tudy Installation (computer, ~AFKi $bftware ltirnq#"Etc.) No CIP 02-01-88 87-88 r ( Program Legends N CIP ■ 02167 Mile Program U CIP Utilities Program 4 SB ■ o10 Mil- Street Program • t ! 4 4 , i } t 4P , t ~M1 J f r L 'p d p,. r Bond Projects u d Page TWO ' PROM IS BD , n PROJlCT STARTING r PROfitJW DOS DAT8* DATA 5e11 Avenue Drainage and Paving N. CIP 03-10-88 87-88 ~ . Willow Springs acainaga N. CIP 03-10-88 07-88 Mingo Road Drainage N. CIP 03-10-88 87-88 y~ Malone Street Drainage N. CIP 03-30-88 81-88 ;f4 Audra We Paving S. a, 06-01-88 88-89 ,.rr Acme Street paying S. e. 06-01-86 88-89 New Traffic Equipment {#25,000) N tit . CIP 08-01-88 87-88 Atbletic iield Development N. CIP 10-01-68 88-89. t ~gyrr~ Start Drainage Plan Update N, CIP 11-01-88 88-89 Bannle B[ae Paving imd Drainage (ScciPture r ~l s to Windsor) S. 8. 11-01-86 88-89 Land ACquleltion for Library N. CIP 01-01-89*** 88-89 y, P3ana for Law Enforcement/Court Complex N. CIP 01-01-890* 88-89 Avenue A paving and Drainage S. B. 03-01-89 89-90 Diiie street Paving N CIP 93-10.. . Avenue g Pavin 89 88-89 G 9 N. CIP 03-10-89 88-89 Scripture Street Water Line U. CIP 05-61-89 P Iiece'eatlon Center No ciP 07-01-89 Se-89 fit# Stition AM Equipment N. CIP 07-01-89 88-89 1~s 2I81 (Teasley Lane) N, CIP (Hwy Dept) 88-90 : w Scripture Sheet Paving and Drainage S. a. 08-01-89 89-90 Bonnie Brae water Line U. CIP 08-01-89 Bonnie Brie Paving and Drainage (Windsor to,tRiney) ~rt S. e. 11-01-89 84-90 uar-Sunnydile Drainage N, CIP 11-I0-89 84-90 ur P4' J St land f'o~ Law Enforcement/Court complex i+. CIP 01=01-904** 89-9G Nottinghim Paving and, Drainage N. CIP 02-10-90 69-90 ' LbnOrid a Drainage ,•;;s. y : Lodi DW Reyy "Draainage (Highway Department N. CiP 03-10-9Q 89.90 t ~a §afe Problem) r Jr"f': N. CIP 06-30-90' 89-90 "M16,64. y Lodpk ,380 to Colorado)(Highway e k~°dF; t~ qi Dap<1Ctnerit Sohedule Problem) N. CIP (Hwy Dep t) 89-90 tl~64 380JLoCuat to Loop 288) N. CIP (Hwy Dept) 89-90 ' r 4fw' O4 S4 300 Lind Aquitltion N. CIP (Hwy Dept) 89-90 * Lai WOtcement/Court Complex N. CIP 07-01-90 90-91 Athlitio tiild aevelopeant N CIP 10-01-90 90-91 J'rt`•r a~ James 8treeE`Dealnage N. CIP 1i-10-90 90-91 t RecCoition Center ~ ,t i Ltbriry Cxpanston N. CIP 07-01-91 90-91 ~ N. CIP 07-01-91 90-91 i Oriole Street Paving (Highway Department i Scbediit Problem) N, CIP 07-10-91 90-91 ;M tort Worth Dr. (1--39 to PH 1630) N. CIP (Hwy Dept) 90.91 b ~ ,t' ; • Add two to four weeks for specifications and checking Design bats w Acquisition dale S wr 4~ t~ e 4 0461k r, ~i a l> q~,~a, 1, d~ r, i i T 1 r r 1 4 'r , CITI~O/ D!'NMN, TtXAS MUNICIPAL 8U1101N0 / OfNfON, TEXAS 70201 TELEPNONE(017) $004307 (1~ YI "y Office of the City Afsn&W M.er rt M E M O R A N D U M v e r, r~tt°ti`> Y, TO:; Mayor and Members of the City Council } ~ • ~ 'FROM: Jennifer Walters# City Secretary C~ r . s D).TE ! October LS, 1987 t SUBJECT: Back-up for Agenda item 2 Xft 'Pani Harris, Ryland Homes, came in and requested permission ' st fot' a`block party. He has contacted all of the neighbors on the fr^} r? y cou'rt and' 'they have signed the attached request. M C Y ` 55 ~i3 }rs , S Y F" I M~ y` 5 ' n e; . i e 4..? rh n. _ i e ve a!~ 4`~ irB , e~ S~; ~rk4 try? Jelin er: 1 ere w ~:r4`^S 2727%2. , r45yy Y!Wl, S}''~' a 9~ry~Fr ~+5~ vx r s St ,c ( tl r. 1 1'r I t~ rK, Ya<w .w.wr~•f^ ~k:"+TV;~FWASiaY:~y~r r'.nwro........ +vnM MrM aninN4"nrY ea xiR wM•MVn N.w .1 -4 Y lv ~){-Y n!, =N ,fit ♦r rr: e'r 1 REQUEST FOR SLOCX PARTY I STREET Ci " - OS URE r,r Organization requesting street closure: k Addr r .3 ess:.~3d g" LM n r ~ , Phone number:' Contact person: - - - - - - - - - - - - - - - - - - Date and time ~It of street closure: Place of closure:_ ~ncy ~o l~ Reason for closure: I Ida < r, • We, `the neighbors of s r l ud ; on oro no object to a oc p rty n e+ r c4 a t~~ <°if ~ i. { ° Name ~ I ~•t~ Address ; 0. 1'1,SF•~ r 1 ~ F na'=ate='fdY wi [i w~. v t f Y ♦ Y 1 % ,fp r~ 09 t Gtr A, ' S + a ~ ;y 4 a d. 6. rte ~ 4,s ) v l w ~ n~ 4. t4,; f lb. I 2726C It 'fl~ ♦ai.}av..vi y ~ ll ~ MwewV'.-.•Melhp"+.yliYnl{Y.MYYnYr.W.rt:r• ~df~ ~r7'= 'r 1 '`Y r ' u. r t r ' r l ~.~~F , 2037) 4 u t Z< f ♦ A` RESOLUTION NO. E A RESOLUTION TEMPORARILY CLOSING EAGLE NEST COURT ON OCTOBER 251 1967; AND DECLARING AN EFFECTIVE DATE. ar ~ r• 7rA, , WHEREAS, Paul Harris has requested that Eagle Nest Court at its intersection with Longmeadow Street, public streets within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 4:00 p.m. { r' to' 8:00 p.m on October 2S, 1987, for the purpose of having a community get acquainted party; and a l~ ek ~ r ` e WHEREAS, Paul Harris has further assured the City. Council that all residents in such block have agreed to the temporary r closing of Eagle Nest Court; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Eagle Nest Court at its intersection with Longmeadow teat, public streets In the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 4:00 p.m. to 8:00 p.m. on October 2S, 1967, for aff~ the Purpose of have a community get acquainted party. SECTION I[. That the City Manager shall direct the appro- , prim a My , epartm6nt to erect barricades at the intersection of r „5 s ,SLr Eagle. Nest. Court and Longmeadow Street at 4:00 a.m. on October ~kP tn~y~€ 3S, 1987 and to have the same removed at 8:00 p.m. on said date. r 89CT18N. III: That this resolution shall become effective + ter( inme a. e_ y upon Its passage and approval. PASSED AND APPROVED this the day of October, 1087. rr ,,iP er4~ M A e " 21 1 r RAY STEPHENS, MAYOR fJ M.k ar f ATTEST: ;ERSo CITY SECRETARY eIPPROVHD AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f rt7 s's,~ ~.t' k BY, m; i r s Ii q ~k p k ^ ~ 4 e t ~ Cl~Yg1 DlNTON, TtXAS MUNIVIPAl. BUILDING 1 DENTON, TEXAS 76201 i TELEPHONE(817) 50"$07 Office of the Clly Martsper x N F M 0 R A N D U M t Y w I. :i TI Mayor and Members of the City council FROMS Jennifer Walters$ City Secretary j i DATEt October 15, 1987 5w 4~tt , ~r r SUBJECTC Back-up for Agenda item t 3. r ai cA~+(;w; tti Mr. George "Ed" Terry came in the office and requested to be placed ? maa poll terial regarding Ythis item" A R+ V yr`r Hi'0ital. There is discuss ewriheen results of copy'of the Guidelines for Appearance before the City Council' has been mailed to Mr. Terry. t d R f~lh ~ i i r y r4 L 4 ~~~1 ` 1 .-Y v e fib. Jeh er ters +t xti r F M t c~ IiL . r } IJ I ..',..a,rm .,d+..w» ....r .r:. : vow. w.ti4'..rrraw>ww., a.:. w.ian~.a Mr. : - i tS1i. i`li'9 ~.fir v'. Y " q d •~r . h t. milk 1 DATE: 101/20/87 CITY COUNCIL REPORT FORMAT T0: Mayor and Kembers of the City Council Zia '4 FROM: Lloyd V. Harrell, City Kanager a SUBJECT: HOLD A PUBLIC HEARING ON PROPOSED ANNEXATION OF APPROXIMMY 23.126 ACRES OF LAND BEING PART OF THE A. GIBSON SURVEY, ABSTRACT NO. 498, AND LOCATED SOUTH OF EL PASEO DRIVE AT FORRESTRIDGE. (A-53) ' C ATION: Planning and Zoning Commission will make a recommendation on " >s November 4, 1987. This is a tract of land south of Forrestridge Addition which to proposed for single family development on minimum 16,000 square I foot lots. A zoning request and plat were submitted to the City of Denton during 1985 and the staff misinterpreted the location 1 as alrredy being in the city limits. E BACKGROUND s r t, Haja,~~t „ A plat for Forrestridge Addition, Phase III, was approved in 1985. . GROUPS AFFECTED. Planning and Development Departsoent, and all departments who provide services to the public'. ~wt ai. FIBCAL IMPACTS ~ •f ' No impact has been determined. } 4 '1;? Reap lly_gaDw d a 4 Lloy . Harrell Prepared bys City Manager " Cecile Carson Urban Planner " av'v, - 4 4 y ~ . a 4 Approved: c 9 ~ ,tiS David Ellison 44- j7~ Wok€ng'Director for +h~~~ a < planning and Development . 1. V 1 1 ~44 ~ rk : 0784k i . Sept `a ' ~ r'~ - J f, 1, d, 1978L Yr NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION is + y I~I NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: I The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and incorporated by reference herein, to the corporate limits of the q City of Denton. tl~airr t*'!'r f A Public Hearing will be held by and efore the City ouncil ° of the City of Denton, Texas, on the day of , ' 1987, at 7x00 o'clock P. M. in the C~~MY ouncil chambers o te Municipal Building of the City of Denton, Texas, for all persons € . interested in the above proposed annexation. At said time and ' lace all such persons All have the right to appear and be pp .r, heard. Of all said matters and things, all persons interested in r„~A.,;,ar+ the things and matters herein mentioned, will take notice. A Public Hearing will be held by and4efore the ity Co ciI " of the City of Denton, Texas, on the day of 1987, at 7:00 o'clock P. M. in the C ty ouncil c embers o e Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and s wi. pplace all such persons shall have the right to appear and be 6eard.lOf all said matters and things, all persons' interested in the things and.matters herein mentioned, will take notice. da r RAT aL~{ f , >s ' PPYOR At K x7 1 , M1 Y T m y.vr`f~ I~x , ATTEST r u~ r~ UIR59 CUT SECRETARY a , r, ri f, , f r Y _ r v ev ~l r , i i EXHIBIT "A" ' ALL THAT CERTAIN tract or parcel of land that is situated itl the A. Gibson Survey, Abstract No. 498, Denton County, Texas, bei.:; a portion of a certain (called) 116.054 acre tract deeded by John yr Maeckle to Fort Worth Savings 8 Loan Association on the 14th day AY~}5s of February, 1973 and recorded in Volume 6601 Page 132, Deed Records of Denton County, Texas, and being more fully described as follows: f BEGINNING at the Southwest corner of Forrestridge Addition, Phase kt l i p THENCE South 8S°3210511 East a distance of 1114.79 feet to an iron pin in the West right-of-way of Forrestridge Drive; THENCE South 04041'05" East a distance of 6.90 feet to an iron [ pin in the Nest right-of-way of said Forrestridge Drive; THENCE North 890S115S" East a distance of 230.20 feet town iron pln,also being the Southeast corner of Forrestridge Addition, Phe 11; THENCE-.South 0003713111 Nest a distance of 801.72 feat to an iron` , as t , pin, THENCE North 69028'5111 West s distance of 220.49 feet to an iron }r; ( r pine THENCE. North 00°3110911 East a distance of 6339 feet to an iron n r r. THENCE North 85632'OS" West a, distance of 1120'.SO feet to an iron ` ; . 0 1 b t,i fHEhC9 North 00 16 3711 East a distance of 741.98 feet to the ¢ kAY I 0:00t -of-beginning and containing 23.126 acres of land. 1 •t k.. .q ti r y t .i.+.:Fkl.a'.I+..t ,4uc'rva..w.»+ap~.na . y. r ` ' r• 5 9 'y+ I .rl J . j AX, r M ANA -1 7 Y" t l I' V F PLAN OF SERVICE M'ANNEXED AREA, CITY OF DENTON, TEXAS 1. Basic Service Plan Al Police " Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation. t v r, r,~ rr ~d;, B. Fire Fire protection by the rt •ent personnel and equipment of 4. f~ the faro fighting forces, will be provided on the effective date of annexation. C. Water/Wastewater f. e.1J 11 ! Ar ' Maintenance of public water ana wastewater facilities will yap`` M begin within sixty (60) days after the effective date of the annexation for ali facilities required to be maintained by the City of Denton. D. Refuse Collection x{ 4 A t.1 The same regular refuse collection service now provided 'V within the City will be extended to the annexed area within sixty (6u) days after tho effective date of annexation. " j" ~~"vpr,£ri t E. Streets 1. Emergency maintenance of streets (repair of hazardous ; chuckholes, measures necessary for traffic flow, etc.), will begin on the effective da.e of annexation. Y. Routine maintenance on the same basis as in the present City, will begin in the annexed area on the effective a date of annexation. ,r 3. 'Reconstruction tnd resurfacing of streets, installation t ;A4,''yx of storm draineQ! facilities, construction of'curbs and + gutters, and other such major improvdeents, as the need therefore is determined by the governing body, will be accomplishcd under the established policies of the City. ,t 4, Traffic siggnals, t kffic signs, street markings,. and other traffic coht devices will be installed ai the need thetefore is es .0 1shed by appropriate study and, pp 1 traffic standards. F. Insiection Services r~41i. any° Inspection services nod provided by the City (building, electrical, plumbing. gas, housing, sanitation, etc:) will p begin in the a.~nexa~on area on th3 effective date of annexation. Gage ~~Ly••' : . ~A ft' 1';~~M!MwM.t•Mi~.."- .w.amww.r,.......+......... _ __._..-"'wi+~irMls..:WN-MMJf~IM,w.ilM~Trer a,Ww.M~WMn~ Ix 1 i> 4 ¢ T 1 y,.it Y~'ril fP tl ~fi y i ^ T 1 w o f A5~,5 a' aj 1 (p., .fir. y: r "y '4 ~ 1C VE Y. A• i ,1 n ~,IMt1 P 1 s + 'I 1 r. a y, ~ 1 4 ~ y f'J P t J f ` Service Plan Annexed Area Page 2 J Y -'I G. Planning and Zoning The planning and zoning jurisdiction of the City will extend to the annexed area on the effective date of r annexation. City planning will thereafter encompass r , ,rw ~jl.r 4. the annexed area and a zoning designation for the property will be established. H. Street Lighting Street lighting will be installed in the substantially r #t•r, developed areas in accordance with the established " policies of the City. I, keereation Residents of the annexed area may use all existing ~p. recreational facilities, parks$ etc., on the effective date of annexation. The s.me standards and po:icles now used in the present City will be followed in expanding the recreational program and facilities in the enlarged Cityd J. Electric Distribution i` The City recommends the use of City of Denton for new ( electric power. k. Miscellaneous Street name signs where needed will be installed within ' approximately six lb) months after the effective date of 1 annexation. II. Capital Improvements Program (CIP) The CIP of the City is prioritized by such policy guidelines, as: ,qtr`»'c, it A. Demand for services as compared to other areas based ;P partly on density of population, magnitude of problems compared,to other areas, established technical standards 4t,aw9' and rofessional studies, and natural or technical re- p yi r siraints or 'opportunities, B. Impact on the bolanced growth policy of the City. C. Impact on overall City economics. °ry v1f uP~3, AMY " The annexed area will be considered for CIP in the upcoming' CIP plan. The annexation area will be judged according to k t ~ 4' the 'same established criteria as all other areas of the City. ~ r1 1 , ~ Y I^ f1Y'j 'wrnwewYw .ww!t«r F .'...ww «r...~~ f.,»......-- v..miwAe+rMpo~ { I t` , h ~,g 5 * r , S r + r ' it i `'1, c I+ + ,e r'r,..~~. M1p I 1 ■i Y' • ro n, r .4 / .'c Y r t y+. F n iSS S J41, rl ~ r4 L . ~p7^M i Y j ~ ~ _ Y 7i'~y s ! ~i [ 1 u• i' ww t+"v I Y • ~ ~ ( r 1~~ a r• I. . s 4r 4J` y~ ~ ~ ;V,' ~IIII(. i..'i" ~IlYrr • aril 1 • Ey4t~ rid, 1► i . awe ` r., It ~ E f i IC YJ'i : f~. S. ~.arw~.~w ww KS ..r. ..T......~.. .e..~Y4rM++•,...,. ~.....w......u.i•.f~.av.+:,v ...WWW' ~F f.];d 7 -77 Tyr' ~ 1 ~ r rt~"~ 14 i~ i~ ~ < r ~ r ~GN h' 1'L Y 1 Y tl dry f N' I A t > IL ANNEXATION SCnEDULb ` .3 A-55 s October 06, 1987 City Council sets date, time and ' q±` x? place for public hearings i~ ✓ October 09, 1987 Notice published in Denton Record Chronicle for first public hearing *y October 10, 11,187 laity Council -first public hearing October 23, 1987 Notice published in Denton Record ~w Chronicle for second public hearing November. 039 1987 City Council - second public hearing November 04, 1987 Planning and Zoning Commission makes V-1 recommendation 'November 24, 1987 City Council institutes annexations tai Novomber 27, 190 Publication of ordinance in Denton Z .5 .~ti,yyk, Record Chronicle 3a uary OS, 1488 Final action by City Council 41 r 17 r~9yy SS ' "1^ i I` ' , 4 ~1 r:? ~Ir,ffTU~ f, . R 4 .I y yrt X 1r ~ ~ J t +~Yi^dJ0.~ 7iY 7 ata ~K 4'-4 i r 1 I .4, 1 ,1 4r1 ~ ,1 ~I a~Y SF i 4 u 'y{1 r )o L ~w 1~ ' 4 a, tF st rd •'r tit ' i', r~F p L~ 1. 1 y, r 'S !t d ,n ~f 1°~ i,°1 l i n.R a y,. P 7. ! .l r , ~y r Y w~}~Ykl~ k n~ a. n. 1 4 Y 1 r. 1 n a; , \ t °1 5 r 1 ~ Y Y . ~i N 1 \ C i ; r r l.. \ r e y' x ~ u 9 1 DATE: 10/20/67 CITY COUNCIL REPORT FORMAT , TOs Mayor and Members of the City Council ?R0N: Lloyd 7. Harrell, City Manager l ` .wleSUBJECTt PUBLIC HEARING AND ORDINANCE ADOPTION FOR S-1956 I t ° RECOMMENDATION: N f r The Planning and zoning Comminaion considered this item at its meeting of September 9, 1987 and voted to recommend approval of 1-1856 with conditions by a vote of 4-1. e S T n 4' v7 P G~; ' SUMNARYs rt This is a request for a change in zoning from the agricultural (A) a n a district to the planned development request for light industrial land use on an, 18.1 acre tract located on the north side of East I;, ,~v,r McKinney St. ON 426) approximately 600 feet west of Mayhill Road. s}` BACKGROUND: This property is located in a low intensity a'ea that is currently fti J f ~ t i; over the standard by approximately 261 based on existing zoning► " hovaver, surrounCin9 zoning and land uses make this light industrial I proposal a logical land use for the site. "F r KS PROGRAM B~ DEPARTMENTS OR GROUPS AFFECTED: ~4fs, 3'6t applicable 11SC11L IMPACTt t ,fr:, s There is no impact on the general fund. rp ;g: r~ u. Rasps ully subm t edt , t r 0 . r[ 1 Prepared by., r' Cit Manager + Dehiio Solvay UrbefiPlanner ~a Approved: David' Ellison • ti(k tai tctfAg DiYeatorfor „ "1r, yt Plinninq And Development n >kiar n ..n.wrgty►'y1~6!MtM-t.:•:nswn any r.....w ravet.;..wt,w+r.• /n.+~w,«.v Awca+ow..e+w ._i'~l , w e 11 fi i t, 4 1, ~ t v . ~ ~ q t ~ ' k'a I `-a 714a~ w+ .r , tF •,~y~~• ~ r"c I a I a ; F ~ J r S PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL TO: Denton City Council Case No.: 2-1856 Meeting Date: October 20, 1987 {1f ~,:`A GENERAL INFORMATION yk M Applicant: Burke Engineering, representing Don Curtis of Collin County Land Co,, Denton, Texas 76201 i Status of Applicant: Engineer Requested Action: Charge in zoning from the + a•, agricultural (A) classification to 1 the planned development (PD) district r and approval of a concept plan for f +Yyl'~Y - light industrial land use. j " Location and Size: + 18.1 acre tract located on the north 9x side of East McKinney Street (FM 426) R`~ru R, approximately 600 feet west of Mayhill Road. :I Surrounding Land Use and Zoning: North - Vacant, tlanufacturing) A LI South - Vacant, Auto Repair, Masonry }3~ r SuPplyl PD-41, Li East - Construction Company, Office/Wa rehouse, ~,(t Mini-Warehouses) LI, A r a 4 + West - Vacant, Building Material F3, Sales, House) At LI tirEl ter Denton Development Guide: Low Intensity Area Iyjy r SPECIAL INFORMATION 1 r~ 1 ~ ~11I+yr;`r ~'+rD;: Transportation: The + Property has frontage on East McKinney Street {PM 426), a primary major arterial. Access to the property will. be via two joint access L", ;N, points at the east and west property } +k~ lines, A sidewalk will be provided along the McKinney Street frontage of the property, y).'I 51 ti4 yj.( ' 1 k I i T1F v 1jr - ~wewAMtl.y}M6 %*A WM 44 V',WA. om.n.wr.w^•.w:.w.-.. {45 F 14 4 tAlb ,"a:ein»rtaw•M >r+.enM A..^4A^)Gw+A'..,. rr rrw. ,m,.. i Y I ~rIS. Y 1 • ° 1. tl 4 S I, f 1 A 1. S ~r h R I D I f rfr n e F 1 1r y. ,HY 111R jf Y (Case Z-1856) Page Two SPECTAL INFORMATION (Continued) Utilities; Plater service to the property will be provided by an existing 8" line in , r ! East McKinney Street and an 8" pro- posed line along the eastern and northern property lines to tie into r' { the existing line in Loop 288. B" rtiF^ a sewer lines are proposed along East McKinney Street and in an easement along the east and north property lines to tie into the line at Loop 288. Gas, electric, cable, and phone service are available to the property. Drainage; Drainage ie a critical concern at this site. The northern half of the r property drains to the north. A ! grass-lined channel must be con- structed on off-site property to the I north. off-site permission and x1y~; ~t easements will be required for this i knit°r ~3 process. The southern half of the r tract drains south to East McKinney i Street$ along East McKinney in a F` borrow ditch to a box culvert located at the intersection of East McKinney Str?et and Mayhill Road, k ar vAVt ANALYSIS .The following is an analysis of the request; l; Intensity the property is located in a low intensity area 'y"•,'7~ that is currently over the standard by 26% based on existing zoning; however, surrounding zoning and land uses make the 314hk lndsetrial proposal a logical land use for the site. night industrial zoning borders this tract to the north, soutyo and E1ast, Land use in the area includes office/ wareiouseo commercial and light Industrial. Detail plan approval will give the Planning aid Zoning Commission an opporunity to review specific development plans for ~XasY;,;+ coropalibility'to the site and surrounding area, " ~ +e L 4 x e,~~ ors i , S/ t~j I~J.. > RKwrn+W+ hi~++«Y+n~+„n _..wTL.nuMwA lk~ 'qj ry.+1r.LK+ANYWthW ♦M4tlNN»lyr Yh°xrw.wlrw .ns Y RY "I,lpy~ ~i ' c t L f b (Case 2-1856) page Three ANALYSIS (Continued) E Yr ' °ti 2. Building standards a. Setbacks - A minimum 35-foot sedan`. fA minim mM100nfoct Street is shown on the concept p + setback is proposed along the eastern property tine q; ;r while a minimum so(-foot setback is shown along roviderah and west property lines. These setbacks will p buffer to the residential area to the northeast of this ^A:' site. b, Height - the proposed two story height licit is, acceptable for this area. c. Parkinp - Parking consistent with zoaing ordinance shownspace standards for ligVaindustrial development is(one re feet Of floor a on , `s ^ wa for each 1,000 sg the concept plan. lam must be submitted and Landscaping - A landscaping p 4t'a approved with the detail plan. + . ! _ RECOMMENDATIOtt Fle anning and Zoning Coamission considered this Stem at;its li of Se tenber 9, 1987 and voted to recommend approval of g pp ~ With the following conditions by a s vote of 4-1: wenty percent (204) of the street yard (area between the ight-ofand the building) will be landscaped. '+'.4 ercent (44) of the remainder of the property will be s ! b ti 2 landscaped. r4 a An off-site drainage thannol gust be constructed on property rs; to the north. off-site peteission will be requires or this process. ,ti y Sig ! r J'x a wr. j,LTERNATIVES ~X " ES Approve petition F`~ Y4Y~rG Apptova ppetition with additional conditions Deny petitian 4 < rk^ ire d~itM..~'~i`+, r ..._.,.r...,.,,G:...:,.x.. .a-.•..-.......... ...,.......Y :,.ncw.+.i+rwur,eus:~,vrr~'^'*^"""".,~.[L' r i a~ W if I, pGri n "T'4. Av s i F .t a nF rc"'r k`.' e i - 14 ' ter; I k F rRf~r rt ~ r, f 1 r d r ^ ~ ^ . ! . _ • ! , r 4' a ti f°" ~&'ifi Z r i, 1 (Case Z-1856) Page Four ATTACHMENTS 1. Location Nap 24 Concept Plan a 3. Development standards 4. Reply Form Totals I, 5 Property owner List' k 6. Planning and Zoning Commission minutes of September 9, 1987. I{ '"x ~ C 1 yyyl • l n 'vl~ f {~I t d I v ~~P"71 i^.d~I yN 1~} 3 3 1 `;.i. i ar~lR~ f 1"t s , T Y1~~, fe a 1 slrp~k~~ t~K~~yt ~ ~ I ,tl~r•~ ~rvfii ry~f I C E. 5 i 3 Y NW`L u A a 11 ~k!ji„ ~ dl ~ I: t ~ n 1 v I : r I I ~,r Lf 1)~r~i I~, ~Ss E f,~~yfil u ,11~ _ , " f, f' L i$tldj tp s 5~„ i .i 1M ~ _ _ ...,w.e.w..~M.a..w,s n•wrrwN~ww+w~M'"'►`rrw° .rT"~,'~` r 1 } w r: YY1 y a I v ppt "1 '0 N 1p +R 1 1 ! FyiF'~'d~' y y Tt 1 ,Yr 1 S I , { ~ 4 L h t r ' r ~ 'q , ,S f➢ f ' r r-L J! f a+ 1 I N I SF.10 S-126 PD-73 LI I ~ 7i alhl' I k` t 1;: r j~ist 7 1~5b fr+ n ~"4t 4 ~ _'4+q ~ ff PO 41 i 1 y , y yx q > IS y" z I s 1 r k '"1"~tIC~ "♦a gy'p`' ~ ~I k ''Xli I Y it '•y~ w~ A t 1_I r / At / ww rxfrlor' Trh 9 ~ r JJJ rl Sl Sta ~ ,N YA~111 rh ~ f • 1 61 I' f r b f ' V `If -T -11 a I•Ift / J fiI ra 41 A4+ Kos 4 J ...tuf u Uo a. 0, El ~ ~'~l~v deCIL IORIr t 1•II~ ~ ~ f II x - 4 f4 ww f1• ~0 X=1 q Ir W II.N W. w ~ fabW eNy44 Afs1av A/W ' M Wn J IN IIJ- t tM NYI INfwiV ►M ..4Y f41 I MII w L IIJSgV la. W wnWV YN S.f7, W I4 Irr MtYi 1 r4ww/ Y Wy fn }~ilr !Y1 ww. rd q w vdllti Nrl. 1~~YI 4 MnNk11U~rr YtLM M 7!~ ~1 tIN r41 utlrn. wrI •••M.w' I' ~Il Wr41! ~ylyl•HWW OIM. JI14J e)rrr14 M,IMInr11 ~t~ I •~y~ /♦A ~j~I~t/,~~ in. r..M Wn It MhI411J1 d.) 1• t'V 4n Ir 1. Itfln•II Cy nT15 IN W5T R1/W fWYII M'l 4 GW.ekl. tir p.4 M W fu J•rJ k 1'J) W I'w.l St .r•It . ! ' L m rl:.l rJ1 ItJ11 I4 Md" M", 4 Y.YI rrw WM. 4 1NMI.f 4M I WIr~ M 1.•r11W11 IIJ Y r.y, r!J t4 IrgtlM A 11, 44.19 0111"" W IW w nhr a.. • • 1wM[N~ PON d~11~ Y) lylf Wllf My Oa4l. ff WM d IIl1! N1411Y p, b a.k 1f.W 401.~.•I •f•b b 4 I•l.lt W k..11a Nn 467 I 4.. louI FI 4f ri IwW M, 3". Ire.. •u•t••a- IM Mf :l. Ilr Iw,!a. lYr. IMi III Irfl~ IrrIr14. M lr. ItA. /'YaMl,0lalh e . U. rr.r d fs.r rl•0t 41 4r~w ql« W Jb brf1l(!r. • •N 1, ` L 4yily 11u. b-,*,,W 4.r Itu 4 OrrN•d I.plr.dll Mq•I•I r n rI,..1A. Pp LIGHT INDUSTRIAL t p1m MIN,. W 1'r e~/ t~~+ ~~y~y.~~~y~y~ ' . .i1NIM trrl MSfrfl1rr III /wM tfr fl r. 7brr nr «rn14 u. 9,1. 4 r N /Ifll 161.. 8.•1)•11, !I•.I~' BGRKE ENGNJEMM r ~l url IW rIr WI.YrI lew, M W Ir« ArM1 r t4 llr VM/dl ~K IIII r l PLAN, Of a Irn w wl IrIM I Ina felr «f4 Nlrry Val I EVAN NntliL. . !n)rrx, sµa t J7 b: •t t • L 4,4r rjsi U p.p.W. CURTI9 tNDUBTldAt. ADDfTFON OON9ulT110 t ft CITY Cf ptrTON C611O11,NtlW orartw.w OCNTON COUNTY, Tau 4 via CCCY,CR:,:'sw i user 1 y rt YiR Irl•" 1 '1 (fb '~~fiy Y mr , V I { T ~f ~a, rn~'L~"'6At 1 4 1%n~K r y" I 1 k I , 5 11 ~ t Yi r , ~ A"} / F• e 7 I r~ + I I / r , {a~ 1 ~IYl.~IrY. DEVELOPMENT STANDARDS CONCEPT PLAN rr, 1. Statement of Intent of Owner: proposes Qp Light Industrial zoning for the 18.10 acres of the tract +fj~° ~'a currently zoned Agricultural. Note that 2,76 acres of land adjacent to McKinney are currently zoned Light Industrial. The owner requests LI zoning ' but realizes that certain uses, such as auto wrecking yard, my be specs icaTly ;,MKti r excluded as part of the zoning ord, ace. r 1r ~~a 2c Statement indicating Relation to Denton Development Guide: f, This land appears to be completely within a Low Intensity node. 34 Total'Number of Acres in Proposed Distri^.t: The total area within the zoning request is 18.103 acres. 16 and Uses and Total Number of Acres in Each Parcel or Tract: Total Proposed Acreage a,'• Single Family Detached Singly tamiiy Attachsd (townhouses, cluster, stc4) 7 e~ t cr" Altaohed 6/040*6/90,ro Lot Line kfi~f, d , Duplex isz elf Multtrpamily ~'W~i? ~t.i 'Ir Office Y,1 Neighborhood Service t~ Oen~til Retail ` i. Commercial i }a' Light' industrial 18,103 acres 1~'r , k, 84avy industrial " tither (specify) ,c 'k~ iw~r r E F y `i t10 @ i.'. lu F f ~n id • j 1 n ' w,wG.d 4~SMY'^M'i M.uMIV.41gwPp ~}p~~~ ~q~(~t~M~l«}h~~tli•+°i.ru.,....~_.......~.. ;.~~L%;.At9M'NiiG~ Wdi~SIb JaSilGr.'4i'f..i'4GIShK'C.WLL6~'~',". A ~1 ~/r l~ y~r r'.pFj} r~, 14 l,1% s tie t DeYelOpment Standards Concept or Detailed Plan page 2 4{ 5. 0!f-Site Information - adjacent or surrounding land uses, zoning, streets, ' drainage facilities, and other existing or proposed improvements. 4 } (Shown on concept et• drtatled plan.) rl r: 6. Traffic and Transportation - indicate existing and proposed streets, parking lots, r a , ; nading areas, access points. tShown on concept or--detnii`eb plan.) +k Projected Traffic Generation. _IBased on traffic study, if required.) ar < 0 I T, 7. euildingn lan.1 r R.' a. Approximate location. (Shown on concept-erdetstlad P b, Maximum heights + 1 r 'I W p S{i) Y! C_ T7T'(1~ ~.._L c. Minimum set(}b'a/c~keys~ (Shown on concept as-41eter+-4*d plan.) d. Maximum gross floor area (square feet for nonresidentiials DT ~l IIS~__ a 1 R a f • ~ y f Ohl i , N~ `fir, 1 8. A}Nlidentisl' Subdivisions v y~''> a', tlussbac of t.,~ita ~•t aoce,(dMaity) s' , , , « y 4 ~ ) b,`' taumbir and location of lout (Shown on concept or-~de!'e{~3'N (,t an. K ' P NIA I~ 'N Us (shown on concept erdetn43rd D k{`' 1an.) b c. Minir.um alse$ widtb and depth of to 7r~ NIA j r 1 1 it , r!de and rear yard setbacks. (Shown on concept oe-dalek3?d Plan.) ~a d . Minimum Erunt ~,,y~„i ~ , 5 M rn . F ry 't i IN IA 41, 4 u, r t. yy k i,I.h,~ i/ K7yyiy.lWVaw..~~a-..... .......,.-.,..•.•.aavvrs...wr+w':n..-r ..mwlw,swF.Y,vtvl s'i. M'SRiAw{ ~ ~~Kl~i fib X` y~. P^^-~ s ran ,x,3!6 , ` , a ; r-~ " 1?sXelo~mant standards Oncep~~• or Detailed Plan Page 3 ~ E ~ ~ i 9. Water and Drainage - approxiMate location of all existing or proposed creeks ` , f w ponds, lakes, floodplain9,_other-sr ter retention or major drainage facilities l r ~yy and improvements, own on concep or detailed plan.) JA1l ' r a'E ~ r k. `r 10. Utilities - location of all major sewer, water or electrical lines and facilities, r (Shown on concept or•-deia'k ,Ed plan. ) ya i 11. Location of trees 3' in,diameter - six (6,) feet from ground level. F~. Y ;tiY; (Shown on concept or-let"--J plan.) R~. ~ 'fir ',•i r< 12. Open Space - location and sire of greerbelta, parks, common and recreational areas. (Show11 on concept oe-dtULUa plan.) none _proposed a ti3r' /r~ r r " : q 2 r "VI I } t . x , 17. Bcrearilnq - SocaLSon l4 t rY"f+ f r ype ana site of all fences, berme or screening features, 4,. r~.'*y s (Shown on concapt y'oe-detefied- plan., r PF s ° none proposed ,L1xJ ~.`x ' ~ t{E 14~, D+velOpm+nt ech~duia (ooncepa plan) - showing epeaific date detailed 'v plan will 4 01", S rrt;bra, kr; y W oubmittOdo date to..stAiC coeitruction and complete construction, and rate of dwelop 6nt'i Ail dates Aouid;indicate month and year., r ; `submit detailed plait Oetobfi-1988 ':°r r; lJ submit final plit and glens during December 1988 t commencm ednstruction )larch 1989 complete construction December 1989 i- t ADDITIONAL $ UIR RENTS fOR A DET ILED PLAN f, 1- 5ubrn.l ~r V 154 Landscaping plan major f raurae and types of 14ndecapinq !o used. r4lN,'rt~L~ `r• L' hq a M1 ~ : h. i A X ~ ~3 n,~i 4 7 " ~ lµ ~ S t~~,vC-xhaa'i^ n?'+~.•' a#a ~ti ~ - ,..,wt-.. +~w wT a.~4q.'i"+I:tC.. .r a h •n " ~.~wr+~Y~}e~µ4tdi»?+~ w~C#.~.•Iav~p.~rrrrwNw4h'~ . f rA °~.1q a .y' b~ ~ i. l ~ •t~ ~Y15 N y r rY y i ~ 1 ~ 9 r z r t ..i 3rrs % IT ii r • ti x +a r „ PROPERTY OWNER REPLY FORMS` as`' CITY COUNCIL 5 I Z-1856 IN FAVOR IN OPPOSITION UNDECIDED w r ti8 r F NA 7ti ,f 1 None Received None Received r ra j. r ~ , , as iy1~ ek: , ,~a" N a, law "1~ t ~ r ,o 4f~r r3iE f ~ ~ , "If ~~..'f y wr^ E i1 1 rw+rti'' 4 gr'. - - .r + l~ S y er ~d afro` r i~4u;. 1 W t a ~I( , ' jY~~ j 1~ f L hhhhhhllllll , Vi 71, ;1 'r 64, Y4 L a dad ° +1 IT I n~ • a I k'n'^"+n'7" ^'^"r°"tY4+Y~Y~.. ' - .....,,yu,rtMS~wM1 F~ ~r YD g y, , ~ , r...o,."yT *w7^suA~l •MNl1 pi[M iT. aLf, 1&1~ r < a u ` y 1< ` k TV kyyr f~ y G M1 r y: ^ l i r _ ~1~7 ~~F x, ~p ~yRf, y$$yee++~~ i ti r a i ~ ! L. b a'~ 1 1~. ' r' r k a r yeti ! r r r ~°[l rt fir, r V y ( ,r r `f y' a t r w •'tiw T Y„ ' J°~ + y w,rk~'iK; Jr Lt ,514, St~'I,i} 4 Kc PA It 4fOt'!~. ~ PA IN l. ~kA bIr WAWMMM~ IIJA t OJ` - a. Q O I, xt I 5 4: fb. ~h c 411 .141 T!' _ ISM 19 R 1 r a l f U ~dF Mau { ~ dike ~ a !es' s s fto"WENEWAMOMMUM 5 7 Rep. fflee ch h "'ad, ?'f it J.4 1 ,i ~ ,•)~ri~ feifa~,fHs~ r ? #111A A AAA art :`r l ' 76 At. k,AAjy A* A 41 07 8 astl Y 'rs 14 j i ` r . .~,~iKyw,,..~-.- _ . ,:..•n.. . , _ ,.._.~...n.n.,r~r+rrv~~rcar..rw~ss+tR+Mrw>.:wrw~w.wy.. n . i I i / Minutes Planning and Zoning Commission September 9, 1W !il The ~epular meetlny of the Planning and Zoning Commission of the c City o Denton, Texas was held on Wednesday, September y 1987, a at SWO p.m„ in the Council Chamber of the Municipal building, t'q!+>''F., Present: Euline Brock, Bill Claiborne, Ivan Glesscock, tr; 4, William komman and Etha llker ! Absent: Ruby Cole and Judd halt ! P'esent from Staffs Livid billson, Acting birector for planning r y' i and Development; Denise Spivey, Urban klsnner; Cecile u ' r Carson, Urban Planner; Joe Morris, Assistant City Attott~y; Jerry Clark, City En ineer3 Lee Allison, Civil Engineer; and Susan Mitchell, Secretary Chairman bill Claiborne called the meeting to order. M1__h.UTE$i It was moved by Ms. Brock, seconded by Mr. Glasscock, awn u-nanimously carried {S•u) to approve the ;inutes of the regular meeting of August 2e, 1987, 11. PUBLIC hEAA1hGS 4 F r Ip it A. Z-1bS6. Petition of Burke Engineering, representing D'o`n "ertis of Collin County Land Company, requesttnff approval of a change in toning from the agricultural (A) y 1's° }yyt f ',,i, classification to the planned development (PL) district a and approval of a concept flan for light Industrial land use on on 16.1 acre tract ocated on the north side of East Mclinney Street (I'M 426) approximately 600 feet vest of hayhill Road, The propert) is further described as a e tract in the M.E.P. and the P.k.k. Company Su'lley, , Abstract No. 927. r,. Twelve notices wets mailed to property owners within 200 t4„ , feet; no reply forms were received in tevor or in ? opposition. Fy 5[AP AEPluAl: Ms. Spivey stated that this property 14 lo- ca e n a ow intensity area that is currently over the t standard by 201 based on existing tonin i however, Sur- rounding toninand land Uses make the ht industrial : proposal a logical land use for the site, Light ihdus• trial toning borders this tract to the notth, soutb, and rt++. east. Lend use In the ores. includes 6efice/warehous8,. commercial and light industrial. Luring the detail plan approval process the PlshninB and Zoning commission will have an ogportut,ity to review specltlt de4eleprent piths for compatibility to the site ahd surrounding area. Sfie " r J said that a minimum 35 foot setback from bait Maloney Street is shown on the concept plan. A 111611001 100 tut setback is proposed along the eastern property line While k r, a minimum So foot setback is shown along the north and. f n welt property lines," She added that these setbacks will provide a oufier to the residential dreg to (be northeast , r of this site. ifyf'! ry Ms, kiker asked It the grass lined channel would be a~#' edeQuato for a considerable amount of time, Ms, $pivey ' stated that the englneerih analysis indicates that y;2r' '17r n^r:ti this channel would be suffi cient to handle the runoff, s Ms. klker stated that the Was concerned about future eapahsion in this area. Ms, Spivey stated that the off site drainage would have to be done before the ; eft,{ property develops, Mt. Claiborne asked how far the drainage would Continue , ,t ` a t41rr, Ms, Soivev said I,OuO feet, ~X! 'M n t .IiNVW~',MY.r~ww..Wr.sww+w,r+..rnwuaww.ww,w.^•• _ _ t , , t a ••,+•~aawti6i/9M{xll'NO'YMFW9~A!{R ' '+M.ww~w. 1 ~ y in ~r a ! X31 ~ ` 4 ~ ~ , t L ' P b Z Minutes x September Y, IV47 Pala 2 r t + n Fk1IT1uhEet Brian Burke, Burke Engineering representing k w t s, stated that they have been working with the ~tTr rT . engineering and utility staff on this plan. lie said that w .•,,t most of the runoff drains to the north and southeast, He ' said that they ere proposing public drainage easements on +a 1, the east, north and west si as tot the purpose of inter- cepting and controlling runoff in pipe or channel, He said eaax that the oitsite drainage from about the center of the north property line northward to either existing natural 1 ~ h drain or future improved drainage channel would be gross lined, He sold tliat they are providing gar a setbacks and agree with staff comments end conditions, ~ia added that they have discussed joint access with surrounding property owners, IN FAYURr Robert Folstadt, adjacent property owner, stated tt axis very much in tavor aria he would like to request r ay rr Ir1 Zr^r similar zoning In about a year, uPk0bbI None present. RECU,Mp 'N'AT[ON_a Ms. Spivey stated that staff recommends appr ova. oo •1B1o wit the following eondltionss l~I~ A{ N I O" ' 1. tut of the street yard (area between the right-of-way xa Fhf~r , and the building) will be landscaped. y 2. 11 of the remainder of the property will be landscaped. S. An off-site drainage channel must be constructed on ;;r property to the north, Off-site permission will be e f, , I•l required tot this process. " n war ~ Ms. Brock stated that if opptoved by the Commission they will be turning this area Unto a moderate Intensity item. She asked how would apprevsl of light industrial affect i, the total concentration of this area. Ms. 5pivey stated rthat light industrial creates M vehicle lrlpa perda/ y- per acre. She said looking at the area the lekst Intense : most logical land use would be light industrial. Ms. Brock asked about undesirable uses on this pro arty. hs, 5pivey stated that this could be discussed during the detolled plan stele. 6 Ms, Riker asked if the landscsfins would change or stay the tame as pror,ented, Ms. Spivey stated that a landscape ,t# , " plan will be submitted at detofled plan stage. i r KlbUlIALI Mi. Burke stated that the owners were informed " carat some lend uses might nbt' be permitted. Ha laid that there was not a residential'Stheme that xould work in 'his Orel that was comlortable with the owners. t' ,t 1 Chair declared the public hearlml closed. lria ! ,UECISIU9r Ms. Riker stated that if not c.ireful she Ant y+ kJ ! pates that this whole area will be light Industrial ,and standard$ need to be a reed upon for this use, 'She Added s that she felt some dre note imptorements should be imposed .;r try } t'rw' t ,dh aJ a ,r and agreed with stilt on eondltibns, f ~!F 1 'y ,"ga t Ms. Brock asked it the I,andscaping percentet!es ware stmt- Jar to the Michael 'a store, ks, Orson ssld,the Michael+! r store landscaping was established os et of the entire lot' so this would be similar, 'Al Hsi mrock stated that the l.ouisslon needed to decide if y ~~`,!1 GF w' ' this whole area needs to be light Industrial., { ri". x~t ,lit ~ + 4{ ' 10 ! T, i y'S I ' ' ~ ~.ws.+rrw...i ron.wnw.na~+wsw . - . ~....,•~.•rr.annc.+~l wMW~.M~+4vYarRtM"'O"' i ' „ ~ ~ 3 I If ~I I, rP'" ry~,r~u., '!a ,r 111$4 I" + I. ~ 1 t ^ 1 t ' i}{r Y , l Y,a. a~ 1/ y.Fr a A J{: - UNIONS y K Y 4 1 Minutes September w, 190 Page $ hr, Claiborne stated that he has some reservations. He said that the city has some control because this is a 1 planned development. He said that this proposal is more desirable than other types of uses. Mr. Claibornr moved to recommend approval of 2-lb5o with the following condltionst ra ,•a ti 1. lot of the street yard (area between the right-of-way ;'1rs + ' and the buildingl will be landscaped. 2. 44 of the remalnder ut the property will be landscaped. An ott-site drainage channel must be constructed on ro property to the north. Ott-site permission will be required for this process. hs. Brock asked what the Commission would be deciding when other agricultural coned properly In the area comes Before xc r the Commission. Mr, Claiborne stated that they have to be decided on a test by case basis. '1}c Vote was called and motion carried (4.1) Ms. ~ block voted . . 4? no. 9. 1-1 tot. Petition of Burke Engineering representing ~as-ey koad Associates Three, requesting approval of ! ? e a detailed plan for a D,6 acre tract located at the r+ k northwest corner of kings kow and Farris koad+ Ibis d•~.a,~_` ,t~, property is a portion of a previously, approved planned development at this location. If the. request is approved, ? the following land uses will be perrittedt jig v.r,'~ 41 Single tinily betached Lots with a minlcum lot site of 7,000 square feet r yak on 12.03 accts with a density of l.bl units per sere r X Park on 1.5 acres Four notices were mailed to property onners within lu0 feetl one reply form was received in favor, no reply forms b+l y were received in opposition. °P` SlAFF RLPUKlt Ms. Spivey Stated that the City touneif on s ,fi.ln a". ctor r 7p 7956 lap proved a change in ionlhg from the ogrl• cultural (A) district to the planned development M) on a 5u.4 acre tract located at the northeast corner of Loop r ' x c 189 and lings kow. Into plan represents the second phase E of the residential section of the development, 6he said rr - that electric services for the der,eloppRent will be under- "J ' , ground except for rajor trtnsmisslon lines, as required by w the concept plan, the project will be monitored to ensure that tree planting and preservation conditions alt corpllei with upon completion of the development phase. tl~ r, Mr. Ellison stated that the staff Initially was recommend- .1 y, ) ing denial of the detslled plan In regard to two iss4es that had not been resolved. He said that the Issue of perimeter street improvements on the frontage of property x; ~ ?r that was not owned by the petltici Virgil 5ttange+ has been resolved, The Litt' and Mr. Strange will be contrlbut- ` ino'to cooet the cost of isprovtng the pearls kded frontage 1 r.+t a t s;. of the kllson propertyo he Iddeo that two lots ,in Fhlsoa b were Left with small, awkward, Irregularly shaped build- a able areas because of a transmission line easement end ~''ll9 q ,;r Mt. Strange he$ agreed to rework this area by consolidating ri the lots, ~ fF • hS, brook asked for clarification of the Street slishment and tot layout. hr, kllison stated that hr. Strange would t +°~'t be redesigning the plan and consolidating the lotto he ~ A~ ti "rNn~!'"•!"~aM ~.'+.nr~.-•...n+•w.u+.+WM.u.sr..wa~w.w.... ~w.N+'-+wn:+R:Y'MMMMMYMI,IM.+MIrMM'{N~.Y.Y.PA•' ~v t ,a v'v+ry' S , .Y 4 ,~y AI t . J r r r, .1 1~' b~+r 1. i, •d ti, " L o<, v ` .rq v Y , r ~Y{ 1 , ~ n~ r , r r •i a h0 . .b In i., in. q/AJ f, 4J / I I 2028L NO. v. - E AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, y. AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.11 AS AMENDED, AND } AS SAID MAP APPLIES TO 18.1 ACRES OF LAND LOCAT`7D ON THE NORTH `y SIDE OF EAST MCKINNEY STREET APPROXIMATELY 600 FEET WEST OF a MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND 'S•,'. PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HERE:Y ORDAINS: SECTION I. That the toning classification and use designation of IM acres of real property described in Exhibit "A", attached hereto and incorporated herein by reference, is herel•v changed ltt~q~ from Agricultural "A" District Classification and Use designation s., to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City f of Denton, Texas, SECTION 11, That the Concept Plan, attached hereto as Mp^a `,"n, r±' is Exhibits end incorporated herein by reference, is approved a, and adopted as the concept plan for the district in accordance 'k a with article 11 of Appendix B-toning of the Code of Ordinances of 11Y the City of Denton, Texas. SECTION 111. That the district herein approved shall be sub- ject tote following conditions, restrictions, and limitations: 1, Tito permitted uses, which shall be determined at the time ! the detailed plan is submitted for approval, shall be those uses +t+;,{ fri, permitted or compatible with the uses permitted in a light indti'strisl zoning district, The detailed plan And permitted uses fr shall be approved by the City Council. 2, The detailed plan shall be submitted showing that twenty (201) percent of the street yard (the area between the right-of • , } + way and the building), and four (41) percent of the remainder of the property will be landscaped; provided, however, that if an j'. ordinance is adopted print to submission of the detailed plan that provides for or requires landscaping of the property, the zva S7r •'r 4Mz~ provisions of such ordinance shall control over the provisions of'`_ x;~a• , , this ordinances . ! yt ^ Il,S 4 ' e .!i isx, 6eq ,r h. .,-,,,.rwr+....,« o.,..yt.. _ ....v.,•-• 10RKW[ArFA,+,I•a""v~` C Y _ WMYN41NiM1~AlA' U ,ij p V r tw ! 'w i i SECTION IV. The Zoning Map of the City of Denton, Texas, i` adoptedthe 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No, ; 69.1, as amended, is hereby amended to show such change in a; District Classification and Use subject to the above conditions 1 alld specifications. SECTION V. That the City Council of the City of Denton, i' r~ p Texas`,Tier`eb-y finds that such change is in accordance with & 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 and for its peculiar suitability for particular uses, l and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses E( r of land for the maximum benefit to the City of Denton, Texas, and k l0. { rGr 7,.. , Its citizens, SECTION VI. That this ordinance shall become effective s fou'rT'aon (rdT'Tays from the date of its passage, and the City Secretary is boreby directed to cause tho caption of this i ~3r1r'"'r o'rdinance' to be 'publishqd twice in the Denton Record-Chronicle, We "official newspaper of the City of Denton, Texas, within ten bra,; (10) days of the date of its passage. 1 vty;' 'F PASSED AND APPROVED this the day of wi 1987. I, fF 1, AlIt: a RAY STEPHENS, MAYOR w' ATTESTS i `y~ '~1 y Ili 1 1 APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOV1TCHs CI1'Y ATTORNEY Iq F, 1'11 7 I A R~ ! f Sys C~~ !Y g. S~ ,'4 Y shA t . 7 At 4H,x S s, t gE" w a ~,~r~„ f, > R 1 ~~o r, 2. ~ 1~. + ';i r♦ ` ,~i, 'GSM ` ' jir i I' r + Description for Zoning Change Strittmatter Tract on E. McKinney EXHIBIT "A" FIELD NOTES to all that certain tract of land situated in the M,E.P, and P.R.R. Company Survey Abstract Number 927, Denton County, Texas and being Tract I, Tract 11, Tract III and Tract V described in the Deed from Tucker Equipment Company, Inc,, to David J. Strittmatter, recorded in Volume 1293, e Page 905, of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows; y BEGINNING for the Southerly Southwest corner of the tract being described f herein at a point 300,00 feet along a line bearing North 09 Degree, 42 Minutes East of the Southwest corner of Tract III, said Southwest corner of Tract III, called to be an iron pin in the North line of F.M. 426 (East K ; McKinney Street) in the East line of the tract described in the Deed to Gene M. Massengale recorded in Volume 874, Page 985 of the Deed Records of Denton ; County, THENCE North 09 Degrees 42 Minutes East with the West line of Tracts III, Il, {u and I and the East line of the Massengale Tract a distance of 587,88 feet, more ore less, to the Northeast corner thereof foe a re-entrant corner Tract I, called to be an iron pin; of the said + f" THENCE North 87 Degrees 54 Minutes 25 Seconds West with a South line of the said Tract I a distance of 400,8 feet, more or less, to the West Southwest' qrv:, ` ~~t# corner thereof and the Northwest corner of the said Massengale Tract; ii fs THENCE North 04 Degrees 45 Minutes 52 Seconds East with a West line of the said i +tr~k+ Tract I e distance of 7 I va< 90.81 feet, more or less, to the Northeast corner there- F, h ter, w1 THENCE South 87 Degrees 52 Minutes 45 Seconds East I the North line of 'Greets I and V a'discance of 698,3 feet, more or less, to the Northwest corner ' of the said Tract Vs called to be an iron pin; x11+ A, i I M 1 _ THENCE South 03 Degrees 52 Minutes West with the East line of Tract V a distance of 1558,05 feet, mote or less, to the Southeast corner thereof; ' THENCE !North 60 Degrees 57 Minutes 09 Seconds West a distance of 408,30 feet, more or less, to the POINT OF BEGINNING, and enclosing in all 18.103 acres. r ~ 'r t yy X1]1 , 1 2-1856 h ~ p 'f f ' ~ ' .rrq.yt~Vi~• + Fr , I j, t 101 0 11 i ~ 1 7 Y„ I . r. : .ti_ -T 7 -7 ♦ qtr r ~ ~r a jtl1 c I nS ? + Y l 9y j: r d, 1 1 EXHIBIT "B" If char r CONCEPT PLAN FOR CURTIS INDUSTRIAL ADDITION, CONSISTING OF: u rtl' r, 1. Conceptual Site Plan 11 page), and r atla~~~[r r, A ~4 2. Development Standards (3 pages). f~ rKw +~Y f 1 11 ~ l ~ ,,4r ~a iY y~ ~ r I'j •J (~J ~t hy4 ~F 'r E it 4. 1~[1, y VIII r 14 1Ay,, tl f ll ; ~ 1 I~/th Y y o l .t M f a r tl Y ~ `r1 t c JA 7, I { C 1 [I F .^1 t7Y t~t tr ~ ^.I 1 r Iz SOU+~Liy~a ' I {4r t • ~ ~i A ~ < d ~ , , rl ale(. ,y9 r.Jdd..d! Q1 4 ~A' r ! r 1 'kip zi t- - 6 D~ ^ rp'le~a t ; 1,4 X ~NIp"{~r ~(yfa~iC ✓bV'Ia at:P.'y~f 'f, i ~r nr^. .d `~V, t :'ds` ~A [~F1~1 f .fin f l !w ' rv.~r V it i V.. tl t ~r. , , ah rY ,tl. "F 9 1 {t, tlP 1 r 1 yak ))1 ^ I t r+ 4^ f ~4 ,'Yr A ,r I r V r!~ YI ~ ~ 1r i r, ii. I t ~ rr rrr h~ ~ {Y r t,r w r' , I li [ , ;w r a•~Ir t ~ r s t i6 + ~ ~ r`~~+~ a'}~r1 [ b'= r ° q 8 r A 1, Fe Y• Fi4 k~ , 1 r i t If t ~L, rt hr,5i S YY,Y a~' I.1^X ar i ! [ f rj 1 1 ~ 74 1 u '~l I~. r, , " rr ~vf ' Yd^~ , e A. ' rYO flM'pYY^I' ~M 1✓ rbff YO P e, rllw \ vi WY oilra~r.lor 1 .rb~ IJ~p+•rth IIII , j m . 'r- YM•,y ~ yr S ,~lo.I ! o 01 asv Pd*0 1Y/ ID cif '.r 69044 Mai l n.lN 1 1j q'IY• A wn -MAR rw./anl•arw.u 4 4-0 14~, dI11ON 1RRIl rl r ' a rws u►uu a~AUfr ~.Y, 1 r~uli 1 Iw.,u .7T,_~. W 4/wlw lr.l, Irtl+:/oMrrn .MY1~ I. 1 /W ..10' °Y~" I~r r~nnd. rL j y1~rn ~I ryMIi1 , I. ,II"1 I {I ! dnw11d MIW. r m I i In4 n II.1Y + 111E 1 IIn Mi Y !1, d w MAnlel 1 A , /,lY, d1I I.d INIM, Y le N rl.Ml/ CURl'I51 +il[I IN W" INDUSTkIAL ADDITI 1. Illpyy M W ~ 1,r~d 1I. V JV butI~wM6 Ali W 4e , 11 N rJl w 7A,14 1..4 rf nlYlr0 DH I Yllln { WI MYr 4r , N MN t10.,'la I. IWI MY d¢4 d+ Ind. n«IId N 18.10/ Mln. I .Irlll. n,dl"d vW V w1YY vId IM IMIMI„' n 11. 1.4.13N n111dn ,n Idwtn MIM rtM. pILM 4 WI! 118nI`IIY . /n/w/ Snl nr pI W 11. iV Iwwmd MM1.W 6,14" I, 1, Ih , AN W'.114 11.1 Will gnNWllr NaMdM~,1,11, Y WMU6111~1M1~ ,i WI MINI I"InWe -MIAAlM 11. C4 N lent. It."Wo ma 0w I, nn kwo.'ry. ' 1: 411aN IIn, M.il.r, w t«Mw nu w dot All 1I Wt -1 IM-. 1„y,l, .10 I..,I.,.a - •M w 411 lY+. p0 LIGHT INDUSTRIAL BURKE ENGWEEPoNO i IA. IW -W .IU f1 M n 1!Y IJ►M. IINLU. /M ,.,lA, CONCEPT PLAN. OF lawn AUpIIML' r. M M« Iy.I1II'rI,yII~.1l.W.rM1~ ~,MY M111M Un 1111. MrrnlgM ~M.~ All I~~T . wMm INDUSTRIAL ADDITION CoNaultklo uYIL ClaNC1~l, j till of 4~ two Idl .i1MI .I M nw . W I,wlu. (,Q•pl] 8.1r..- ,ua ux /a, CITY Of etumtV OtMpI,,IfU/ b011M•1M - '..D[WTON GOUNTfe fiMAl tR C C c! Y ri D ^ 1 1987 r- - f ifs } 14 1 1' S• ~I o- M l e, t I f , r F,' DEVELOPMENT STANDARDS CONCEPT PLAN Statement of Intent of owner, proposes pp Light Industrial zoning for the 18.10 acres of the tract currently zoned Agricultural. Note that 2,76 acres of land a jacent to McKinne are currently zoned Light Industrial, The owner request; LI zoning Yo~t „ but realizes that certain uses, such as auto wreckin and g y My be sped Ica y excluded as _part of the zoning ordinance. Statement Indicating Relaeion to Denton Deve;opment Cuide= ' This lend appears to be completely within a Low Intensity node. Ni /!.1 , flU 4 . ` 31 Total Number of Acres in Proposed Dietrich ' The total area within the zoning request is 18.103 acres. 4 <e Land Uses and Total Number of Acres in Each Parcel or rcactj Total Proposed Acteelja f ,ryes' as single Family Detached ax ' b. single Family Altachad (townhouses, clue =j ter, stool '1, ce Attached Pstio/Qerdan/taro Lot Line d. Duplex C 04 multi-Family _ , d Office M g. Naighborhood service he OaAeral Retlll - { u, . Is comet rciaY s } Light Industrial - } rti; 13.103 acres Naevy Industrial ' 1. Other (specify) 1 ~ Ali ~ Rey, , y,Fr~ ~ J. k r ~ . l\e r 1W~IW.FAT!.+Mww w-.~ F 4 ' j y„h,. e 1 r+rr,ply7A1WdA11A7fYM.MNMAWN.pp+M"^"'~"' r' e a r l;. rl r 41 t vet "rR I i r t_ dooke ♦ Development Standards Concept or Detailed Plan Page 2 S, 0!!-Site Information - adjacent or surrounding land uses, Zoning, Ptreets, y drainage facilities, and other existing or proposed improvements, e (Shown on concept es-drtrl}ed plan,) ~ ~ If Fd I0. 6. Traffic and Transportation - indicate existing and prr.~osed streets, parking lots, 5 1 ' loading areas, access f points, (Shown on concept usde{yl}e plan,) Projected Traffic Generation, G (Based on traffic atfo . V required.) { i ~ ht' p. study yl 'av i r. Buildings: , hi Approximate location. n`~+♦`, ~Lp (Shown on concept '~-~e4ii+d plan,) b . Maximum height: ' co Minimum set coke: w , ha (Shown on concept of AH f}yd ~ Plan,) rt 6 ~r C +Ct: 1 d. Maximum gross floor area (a d1 guars feet for nonresidential: Y,Mrz,♦ ~1 ~~7AA7 , 4 r , i?~. S r iyq 1.Y ,art J~ ~ •I.~ r t 7 1 51 Is, Residential Subdiviatoni ~ a, Number o". unlis per dare a a; tdIonsity): ?'r~, - NIA ♦ ' r „ , . , r r. r. ,r y i ; r ~ } ~J:~ S"r{[i3 'k b, Ni+Abar and location of lotal 4 {shown on concept ot-44t*IiN N/A Plan.) ~rRy; k <<"^ c, Minimum alma, width and depth of totes (Shown on concept ft'defYf3*d plan.) N/A I All yr k ' da Minimum !runt, aide and rear ard a0tbr ksi (shown on concept so dob+ljv~ Plans) ,ay3 '~y,ni'44 1111 ~ I rir S a r' w yaw ......-..n.....•.-...r..-.._..,...~.... ~1 . ~ y. v` +.vvwarw~wau~rw.r~+mrw+r.+^.r«j^ ;".J, It 17 01 11 tp,rie lr 't.. ~ 1 v :)U Ia + f 1 r M.~ . ~ ph .i. .1 E Development Standards Concept or Detailed plan Page 3 91 Water and Drainage - approximate E, all existing or ponds, lakes, location ion of es, flOOdplains,_other-w tec retention or ma Proposed creeks, and ( v improvements, qt own Joe drainage facilities own on conceP or detailed Plan.) 10. Utilities - f ' e ' location of all major sewer, water or electrical tines and facilities, t el 41 ti~+ ~ ~ ~ ' ' (Shown on concept 01st? Plan.) , M1' lt. Location of trees 3- in diameter ~ r a L• -six (6) feet from (Shown on concept oc-da{ { ground level. t ti~ ~ t ( Open Space - localSon and site of `q IShown on concept oey 4reenbel*_e parks, common and recreational Plan. areas. none to osed ,f t~ a e t 17, Screening - location, tYPe and aiae of all fences, Derma IShown on concept or-dete4}N pla n.) ec screening features, a 4Yy " „ a none proposed ,r'yr t, 11, bevelopment 8ch#dule rr a (concept plan) - showing be submitted, date to •ttert and construction andcpaletecconstructionfaaratelot developpeeht, All datelr ehou ld indicate month ' 8U 17it: retailed and Year, plan lktober 1988 < , a submit final plat and plena dyrin ' its g December 1988 i commence construction Marrch 1989 .Yr~~~kt 5; yAS coaipleta construction December 1989 % , ADDITIONAL 1 bfR )MINTS FOR A +DET QED PLAN ~urrt rA, 4 r '(s r Z "+Sy E~~ ~ • 13, iartd4Ceptn4 Ptgn - major 1 atU E 4 a Pt.~, g Y^a ,fi$1 Al A ees and tYPe to x 1r a of landscaping to ue~a, r -r f `w-.~` ~a 'f Itil~~3a .+ra a. 1 q 7-4 rg ;~ti, a """*•^'~",rri v5,1yW:7Mf+Nii~'tl'Y~h1~11r+Raa'~YwW~Axs+o+sw+y • 'r, y <<.1~W•. ye'w', . 14 DATE: 10/20/87 j CITY COUNCIL REPORT FORMAT % a f TO. Mayor and Members of the City Council ` PROM: Lloyd v. Harrell, City Manager $ SUBJECT: PUBLIC HEARING AND ORDINANCE ADOPTION FOR 8-1866 RLCOMMENDATION: J z ` The Planning and Zoning Commission considered this item at its meeting of September 9, 1987 and voted to recommend approval of z-1866 by a vote of 5-0. ' SUMMARY: 7 This is a request for approval of a detailed plan for a portion of a 'r previously approved planned development on a 13.6 acre tract located at the northwest corner of Farris Road and Kings Row. ~Fx"5 , je BACKGROUND: I,` This phase of the development contains forty SP-7 lots and a 1.5 acre pack site. This detailed plan must be approved by the City +r; council since it is not consistent with the approved concept plan in + 1, 44 terms of lot layout and street alignment. d Yy `r '4. PROORAMB, DEPARTMENTS OR GROUPS APPME03 h ti~ i,r Not applicable. ' PISf,A 1MPACTs f where is no impact on the general fund. l r Res pfully submi teal Proparad by: Ci y ,Manages Fr f + OWING B iv y Urban Planner rV - k David 111110011 Acting Director: for f ~'I Planning and Dev., )pment x r,; , 4~ id 5r r 1 p~'l 7Y.'' YY 1 . .1 l t. + .W ywAY r 1 ,r+S~ ifiV t ~ ~~e TTT Qom' y~ SW . V to t ) 1. l 1 1` PLANNING AND ZONING COMMISSION tRECOMMENDATION TO THE CITY COUNCIL H r To: Denton City Council Case No,: 2-1866 Meeting Date: October 201 1987 GENERAL INFORMATION i ~tr~J Applicant: Burke Engineering, representing F~ ? Teasley Road Associates, III •h f 412 S. Carroll Boulevard Denton, Texas 76201 Status of Applicant: Engineer a Requested Action: Approval of a detailed plan for a portion of a previously approved st y planned development. This detailed plan contains the second phase of a residential development plus a by , N 1.5 acre park site, Location and Size: A 13,6 acre tract located at the > } ' northwest corner of Kings Row and + . Farris Road. alb Surrounding Land Use and Boning: North - Single family residential, acbooll PD h~ South - Vacantr Outeide,City limits East - Single family residential, r+ Mobile Home Parki Outside 1,s 5 City limits a>:. west - Vacant, Single family residential= PD, A 4A, Denton Development Guide: Site is located in a low intensity ' o rs area '$PECIAL INFORMATION b transportation: This property has frontage on Kings ff µ f° Row and Farris Road, one half of each of theme roads will be improved as per the requirements of the i. ; Subdivision and Land Development Regulations. 4 y , e 5 ;0' y l 1. r r..wry,py.4vMMle'.VM ~ '1 1 Y. f.. 'If w ye I (Cast Z-1866) Page Two r F SPECIAL INFORMATION (continued) rY Utilities: Six inch water lines and eight inch 'y sewer lines within the property will provide services to the development. Electric service for the development will be underground except for major s, transmission lines. Phone, cable and gas service is available to the site. r Drainage: Drainage for the tract will be handled through a 16' easement ry containing a grass lined swale on the northern property line. t: A 50' temporary drainage easement stablished will be a o Drive until that lalong Harvest ek "'A of street is constructed. e t A r Y.a a HISTORY a On October It 1986, the city Council approved z change in zoning W, from the agricultural (A) district to the planned development ,c•,?rA`'' (PD), district on a 50,4 acre tract located at the northeast Comer of Loop 288 and Kings Row. This plan represents the second phase of the residential section of the development, ANALYSIS This is a request for detailed plan approval of the second phase of ,A p.eviously approved concept plan. The proposed detailed y;` ^ Y 1 ti f plan must also be npproVed by the City Council since the lot layout and street alignment are not consistent with the approved 4 f1 = concept plan. The following is a review of the main points of 1 w a„ the detailed plan: ¢ a I k. Density/lot layout -The proposed density of 28 SF-7 lots in Phase A and 12 SP-7 lots in Phase 6 is consistent with the approved concept plant however, the proposed street and lot layout are inconsistent with the approved concept plan, The proposed street alignment allows a direct connection between I " c: + F- Sections 11 and IV as opposed to the concept plan which had s no direct connection between the two sections, All lots on j the approved concept plan backed up to tLe 70' electric I 3 transmission line easement) however, the detailed plan shows I L~ W a,y Y ,yt /f, ^ i I i Ij~l- S III 'J S , M ! 10 1 t r i. i ! (Case 2-1866) j Page Three ANALYSIS (continued) the transmission "ine easement crossing the front yard of {4js' one residential lot, 2. Utilities - Electric services for the development will be underground except for major transmission lines, as required by the concept plan. 3. Transportation - Perimeter street paving improvements have been provided on the Farris Road frontage of Section I of Y - Greenfield Woods Addition and the elementary school property. These improvements will be done to the Farris Road frontage 4. ! of Section IV. The Wilson property, located between the school site and Section IV will be paved in conjunction with f t _ this development. 4. Tree Preservation. - The project will be monitored to ensure that tree planting and preservation conditions are complied with upon completion of the development phase. ! 3 'Si'p ~y'gs RECOMMENDATION The Planning and Zoning Commission considered this item at its All iaeeting of September 9, 1967 and voted to recommend approval of ' un 4 ° w _ y-186b by s vote of 5-0. J` ? ALTERNATIVES q Apptove petition a` > S' 2. Deny petition ATTACHMENTS - 1, Location Map wr; t 26 Detailed Plan 3. Design Statement r ?t' 46 Approved Concept Plan ordinance , 5, Reply Porm Totals 64 Property Owner List E 7. Planning and Zoning Commission Minutes of September 9, 1987 E 0153k r6 F, jl lgq~plMMMOnan... e«o= i'(4 M+W.w..rva+KMrrrw.w-..rte«_.. f f t t r yrn r i v 'a , r v . , i I`' y 1 . , t _ rte, dd ,N I ~r. r Y r'i1 r ! + r Y, S a ~ I L ~N 1.866 h 1 4'1 ids' 5. 1 ,II+1.11 1 ~ arrI kMl } r k~ F~d a ~ y yAi a 1 y. ~ r.' IS lY. A Jt ii ~ rl ' T. 4 m' 11 . f 1rNr P, u~ l~ 'f r~ 1f 1 r d 1+ y, yy L s, 74- 1 " i i r T t' v y, $ • ~ r a 1 l A 1 I W74~ I Y l 1 r r LI 4rt lr t ~ ryp~~~ as t k TI'~!;s~/ti .+r.~'S 1 rlr Ir•-.. 1~° y -+.err.tu$.I~.r.,u.w~«x.,v.+►seo+w.vu; r.~.+r....+1.. 1 Y~ i r l I 1 s y r ~ Cl ~ 1~'. } + 1' }I. 1 y {li ~ r t^+air ? a ~ i - ~ , e r 1 ~ 1 r}a t' 1 Y: f. 1 c,,s.l,At~ li» NE{INt wk i IIIWU~r''./(1fiW aMJLM(Yai j 01•DplMrfM .4~P~ (~/7~~ aa/a~r'w gi• CAD Y,rl+n wsM rr~` a t 1`Y~Y, N' la' K~ k sS.Yr{ J•a ~ / { / •Y I Y•If • ar, ~ I _ I - 1*7 f \ r a,, 1( S:•f*,46 rtlt+ , YwW P•YM ' \ r +1 ~ ~IU r.W~"W ~.w IM"r~W., LrrrN,.^t \ , b_ 4'_ tN y' L 1• •••r'M w ruM Y r ri.• Yrrw w. \ t/ L rrl wrrYMr rslr•n.u w. Ilrq i~'Ij , L rwr wrrr•.r r•Y Lr w. _010 ~ ~ ,w_ L LrY wlr.dl Wi FM WnM rOl sLLr' ; d/~\ _ _ rf..WU~ n.1 Yr wMV `r rYMww r11Y, W \ \ 1 j ` .Srwrunar~•"C: "ilYr`Y \ r yyyy ..rr•``rr•~n W r~nrn~Y r•~41y YYf+. ► N/r 1~ ` s Wr rY•r .l wN w"NI.•MyM n.l rr"i. AL r 1 t .l'„ \ } _ r. YrltYr rt•r rwrYr Nr -77 J 11 L I"r Yrw•wr.. y. L Y• rwr~11 Y•Y •I Mlwr l rl ~y 4~ yr r•wrL • t, t .Iri r.• "n' g,`r"6„r"l1wYrM Y::SI :,IN"Ir 1 . 6 / r•,w„i"Y \ AML Y w . n.rnr w.W r r•I+Y PF ` ♦ • 1 nw.,Y 11,Y,nWY ~IYY.YIrrl.W btlY y : 11 N It N/ / j 1•L. ~Y ~Yy•w,wl~wr "muwlNr.rYwll L, rr rar ' a , t ti •~SC~•~WVMU' WW~•"ilM niuLLr t/ g ~ K Y• Y41 w / IM+ Iw W. . ~np.. wnwrww MI " r NIF i Ia "'•I~~ ~ , ,\r ,y"Kp~~~n/1•N.YI YYIr•wt•YWIIM 1. i ~ f. r.♦ ; rnr r , . M1 r. al•.r •r•.Lf aluw t a.tLL W aJ rYM/ W. DETAILED PLAN GREENFIELD WOODS SECTION FOUR, PHASE, A Al 9 O ow an A= a M env a !011114 w "wm a '1 oae. i.. TEASLEY ROAD AS906ATES M r.a bw N1 ,90RIM. ft - 74101 'a. _ b4% on BURKE ENGINEERING Y 1 BON NUNU.P.L , CtCN.l4{-TIkO IIVIlWOlNtfll rypS~jal ~~or.. e'txto4tttul. (IRS NI•I1N R~ciary 1987 REVISED •.win..p.- r. i--r-4•°~+MMtY.wWRIL.IWI~rr"^""°• v _.._...._wa{Y)w,.W-.M. _ _ a •.Y 1 F 1, l Cy t f ~ t~ i~ei?~f p~g p y It. { F DEVELOPMENT STANDARDS 40W8WM DETAILED PLAN ~,1+ Statement of Intent of Owners r ' a~Th0 ioa'intant is to develop these lots consistent with the approved 1 v ' v v r a ' s r' i• Conceni Plan zoning. Al lots are zoned Sk!ml under the PD, v. % y 4 rr, , a."a r~ - .y , ~ r f 1 _ -,L 2. Statement Indicating Relation to Denton Development Guidet fl „ j t The nrooosed uses are consistent with the Denton Development Guide,' r e - 7 r f 'Is, i r •S i r tl aJ~ 3 to. yT~ots1 Numter of Acre in Proposed Districts °tt`io+ r?,'s Tl:e totr,l-area6 6f the protosed distyiot is 13,630 acrese 4. ot or o, 4^ ti 1. t Land Uses and Total" Number of Anrea:in Each Parcel' o! Tlsttt t'- f os 't ,it t r ~t C TOta1 Pr0pOaed ACreagf Ike- Single,Fanily Detached. 120063 bS~; ~Single~ Falsely VAttached (tOwnhonala/ Clnstell it*.) ~ •y' „ li ' ~a! r f~, r + ~'os s s ce Attached f~atio/Garden/teto Lot Line C f Z. r,l " S r{ r - r:' or os Los "so or., o so fE ~1 it d. Duplek r, tea , y " " u {k ye~~lSult-Fsm~lY , _w }yf k d y v +EJ{. f + ' Is •w, t. 00f fide Niigt~rllood Service b Jrlry r '"j., } r he Oiniiil~, Retail s i,,' ' k rr., f' J s Is 1 a '+6P 1 " ~i. cciaalr`ldial: 1a ,y J r ooo ; Light in'Euai3 t L r. 1 ti a + t r tl ~o t ke He& y tnduitliel 1J ; , r , 1 ~ I. Othe! Iapealfyl r r to k f1J"F ♦ { ; ~r i7 u. i~~rC'~ ewrwl~r•~ ' ~F16 ftrk so 1; -L Ars `o` 1 31 y? h \ ; Y 1 r 1, I qt } Jr. x.11" ^+4 ♦{`~Ft w '".r, i nF s4 ~ ' +J 1r7'"r5 i" r r t J.. Y~ 1 t r ° n ~ti fe'4 r i J yF p T,SJ P e .•r .r•' too, + "y i•1 f~ ff Y''j, + •r+ , , + R -ri r. J " E t I 5 i f; r t „ i 141r .r. .....n i ~I t e p Development Standards Concept or.Detailed Plan 1 Page 2 54 Off Site"Information - adjacent or surrounding land uses, zoning, attests, drainage facilities, and other existing or proposed improvements.. i (Shown on'concept or detailed plan.) 5 ? - 6 TTraffio and Transportation - lndicate existing and proposed streets, parking iota,' a F r loading areas, access points. (Shown on concept or detailed plan.)` r: Projected Traffic Generation. (Based on traffic study, if required.) ~ V1 1 ~ ter,. ) 1.. euildingst aApproximate location. (Shown on concept or detailed plan.) y f b. Maximum heights v: 1 't as shown bn the plan minimum setbacks] (Shown on concept ce detailed plan.) 4 ; f 1i r r~ ' r ~ d , Maxlmum gross floor area ,(square,feet) for nonraeidentials xc p,'m,rk> P 8.' 1(ioldential 86bdivlsions ry' ;r > er't, b aNuabet ofunits per, acrd -(density)t ` r } c 1 'r J r •Y ur4lte net acre y , iA' ) * w rir~+ Bbl Numbsr"and -iodation of loafs (Shown on concept or a.tatiea plan.) 9,Q ' o.t~ Minlsaui► ai r, width and depth of lotat (Shown on concept or 'detailed planO l !h r a` 61An' ` ;'f t7. aG•rc rrtg .bra, w " T V Ili I, r , { ° r "d, MlnUVA front, side and rear yard'setbackst (Shown '6n concept or detailed plan.), ~ r ~ ' ~1a A}iALM del r. t31A t1Ian 3 n 17 k r t . t , R t YQ '.r r tai T~ K . r . L Deve!lpment`Standards Concept or Detailed plan page; 3 { 9r, Water, and'Drainage - approximate location of all existing or proposed creeks, w `ponds lakeeo fioodplains,,other water retention oc major drainage facilities y' 1 s and improvements, (Shown 04 concept or detailed plan.) N it " 1x10.1 Uti1i!!ei -'location of all major sewer, wafer. or electrical lines and Eacilittes (Shown concept or detailed plan.) 8r 1 y 3 p ~I lI. Location of trees 3' !:a diameter - six (6) fe.t from ground level. (Shown on concepk or detailed p,en,} ' open Space location and ai:e of greenbelts + parks, common add recreational areas: ' (Shown On concept + 'or detaliad plan.) T~ , gar jU 16J acres of pa~rk ie proposed 3 3 , - a s \;Screening- locati0n+ t, .J 1 P. a' ♦ { ' ! fir, b. Ype and site of all fences, berms or screening taatures.~ fhovn"on concep!'or detailed plans) ! k ~ ~ tv5+G r "7 .~r,~ ark Y.1 ° 1, r~ f 1 ~ ~ s r v rn"- I q ./p1.. s, i Development eehedule (concept plan) st;owinj a io1Elo date delilled plen,wlll s,5; e r .ubmltia fi R n 1 + date to'atact conalruction and complete consiruetfont and develo rate of pmant, s 4 r A11 datei sAould indicate month and yeer~ 4p r + r. er nN a X ? 1 .r.. .k. t.. pp r rrt r ha:.'' ! ~ rJr ~i1 A.R k ' i r 1 ~ .^l y At "x : '4rt .'s 4 # r^ADDITIUNAL REQDIREllENT9 f0R A DBTAILRD FLAN kt t`, s k~*\1Ss LandeMapinq.pla~;majoc Futures and types of landacepinq to D• useq No' overall 'in i landsca A' o al1 d' ee ~hon ladivIIdual lots will. De' r r r Nays landsod d eooordi to th6 build.r'r lan as honees Are oom"f11ed r y r,A~~ ~tvl t ~k ~r S 1r y i, 17 y'•At~` r1+.# tiay , 1 j r•, S .i n ~ r t L~. `r r ' ° .l'' ~r i~ R p t ~ ln/.fii.~}4L1 y.1W. 1.NM Mt..tf.~4y Mfl Mre,.[~p-D„Ll r 1 t e Development Standards y Concept or Detailed Plan Page s 16. Signs show location, type and sire on detailed plant otherwise, signs must j conform toiA"icle it of the Zoning Ordinance. l No eigno. other than small builder's signs, arepropogai for this pantion." I l,7 Sidewalks. (Shown on detailed plan.) As shown on the plan. x ~ a i r r;}a 19. A11 Information required for p1e11min4ry plat in accordance with Appendix A (Denton Development Code) of the Code of ordinances. (A separate plat is required.)' < 19. Development Schedule (detailed pion) - Indicating stem and completion of ; f °'R 5y es constrnetion'and the rata of development. All dates should 1ndIcate'otonth$ a • w J'' Y+i 4 Some;surrouridin pavi' and drainage -imovements have'been' Constructed Interior t paving and utility constriotion on Phase.°A will begin as soon r s , as thA plat and plane are accepted b the of Denton. ~R~ Y , ` yJ ",Y and gas iai Eleotrical r z`: gti~ t Pr vements will rbe .constructed as ebcn`as'praotlaaY following t~ thAccmpltion of th'e': streets. > r s• Aii T.R raj rY } t`R N~,~i~ a* ~7~ M d j1Y 4 WR Y / r•' 4 , r t ~`q'~. •S. t~ A i ~r.C ti~ ~ 1 R • y la u ' . P i t 1 ' 4 r e , IRi t"'' ,m ' .R p ~h 12 i tyLi . \ A II r ! ?~r t ~ ~ I J_ C Y 1 , I , pp , t w t .f k n r~ A MS , , r n c .1R ~ V~1 ~r~~~ V, k ~ ,y L~t ~ Y' i+. ' <r'{%~ 1 v' y;` •ja~~:; ~ K { IS t { ~ .~,A i ~.y R ty, r Rb ~ , ,.•R i n' Nr 41 e ~l'• ' I Ran{ T,: r r, / ' ~ l~ M`~.9 Vc~,07Ax1 r t ~'a 1 ) ~ [ j , ct ' r 9 R iY T l a l t ~ ~sK . , r~ { r rR v* w 7 d ~~F~'-'[ ~Oi.dR d ,IY Y} 1, t-~ rl I u f~ ! M,t .N 41 ' .k ~ ,~~I r?` . ttc V I"! M~ •t y_: ♦ s R17 1 ' ~ S _ , k , ~r ~~'[a !I ~i: w r i'R 1' d'l; 1 ' • ,b fro ~ „1 ~ " "'"'Q'"°' r Yn.'d't'l:M;;i;;'kD k'C$~rsJi3A'livM~' .R M1~'31r.'F+F+IYYia4.•w „ n I588L p~` 4 N0. X9.II 14 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 CF DENTON, TEXAS, BY ORDINANCE N0. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO SO.S ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF KINGS ROW AND LOOP 288 AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL ASSIFI ,1 CATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT RhPD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE 4 DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEgEBr ORDAINS: SECTION 1. That the toning classification and use designation of SO.S ',',eI+FJ acres of real property, described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed p` from Agricultural "A" District Classification and Use designs- „ ^k,'.','> >'a tion to Planned Development "PD'k District Classification and Use designation under the comprehensive zoning ordinance of the City` rw` bf Denton, Texas, a SECTION I I. II That the "concept plan" attached hereto as Exhibit "B", and Incorporated herein by reference, is hereby approved' as the concept plan for the district herein established, in accordance 'with the provisions of article it of Appendix -Zoning of the ? fir; x'S~ Code of Ordinances of the City of Denton, Texas.' ma., SECTION III. „IA5 That the district herein approved shall be subject to the following conditions, restrictions, and limitations: Land uses permitted in the ereral retail area Section 4 !hall be all uses 8 a' Section 71 Subsertionr N'tti still and gservi a type luseis tandt in K• following additional uses permitted in the general retail , K1 1 K S i a h a r. '`cf t~'", ti'x Z-18x3/PACB 1 + I s,7 y f , +WwA'.a•,?nn... , w.,_:Me1p.i,,,p,~N Kkn'ti+1~AWr.d'.'1~k4,1'i,4i4~':Jlll4~1~41.i:YdLiyt'(N~W r. t t ra, ` / r yF L •r s ~ Y ' district: amusement - commercial (indoor), theater - other than drive-in type, and new auto parts sales store. w n ;4 2. Electric service for this development shall be under- „t " ground with the exception of major transmission lines. 3. A six (61) foot brick wall shall be placed along the A, northern boundary of the general retail tract before building permits may be issued on that parcel. i' 5 x, 4. A minimum of twenty (201) percent of the general retail tract must be landscaped on the detail plan for that parcel. h, S. Sidewalks will be located on one side of all streets in the development. ' 6. Upon completion of the development phase, restrictions Vi 11 be filed of record to prohibit removal of trees from y7;4 developed lots without the permission of the Architectural ° Control Boaro.'s y. Each residential lot must have a minimum of two (2) trees In 'the front yard and two (2) trees in the back yard of the hope, p P; SECTION rv, to ct ;i; The Zoning Map of the f ity of Denton, Texas, adopted the a> ,14th day, of January, 1969, as an Appendix to the Code of s Ordinances of the City of Denton, Texas under Ordinance No. 69.11 as amended, Is hereby amended to show such change in n,,. yc A` District Classification and Use subject to the above conditions ~fi , ~ and specifications. , . SECTION Y. That the City Council of the City of Denton# Texas, hereby finds that such change is in accordance with a comprehensive cur >^a'R, plan for the purpose of promoting the general welfare of the p d City of Denton Texas, and with reasonable consideration, among :4+ other things for the character of the district and for its peculiar suitability for particular uses, and with a view to G; conserving the value of the buildings, protecting human lives, ' aid entouraping the most, appropriate uses of land for the aN ;^t,irw * r~axinum benefit to tte City Denton, Texas, and its citizens., WL+ 1 VVV sf1 e n7 i t ll 8 r,t - 1,t, f~v ~ n l S ~~J 1 I Y Y r J Y A4 ~Al ; i~ E-1833/PAGE 2 y i r~~ 4 f Y yam, A 5ff'' ~ l 't t +..~.ww~ e.w*w•. reRr..wv...r e'«ri++.. w•+... n4pi•+Hati `LLfl.aM-MI lI~ j e i ~iS' tf. 5 J W{ . 5~q4 t ti If - r: . + ,Q. .r ~ z ti ,Y kt. + T r •eM1~ o SECTION VI. That this ordinance shall become effective immediately upon s its passage and approval. AF PASSED AND APPROVED this the day of 1986. r . ti's y r RAY SUPKINS11MAYOR ";Fk c afi' CITY DENTONO TEXAS ear, '7 ~ ~ k+ (i ATTEST: CITY'OF.'DfNTONj, TEXAS rr~ ( Oz APPROVED AS TO LEGAL FORM: 3 AEBkA''A0AMI. DRAYOVITCHj CITY ATTORNEY CITY-6 OENTON, TEXAS A rr ~t aa~ ~ ~ ~ r( ser jr , tL y`'2fY"`'i r ti l rt r f Lr , Al. Cr , Z•1833/PAGE 3 t y f ~ ! 1 r,a. yp N" \d . -www.~...~~M~Vn.aainww,.«.•.. .+.x•n Wua,Mw4~.'.'rx.......,....,,. ~~.M:wh Ni.ly /"N+Iw^.'.am.vrrar+w"uw•am"' i. r•~ f r .q d i ~ i s Y ~ A ~7 ~n.", ++~~Sl A 'fir r. .p r ~ • ~ Y Y . ~ '•n ""r ryvf; ~ F ;r' ~rl h( r + r Exhibit "A" Field Notes to 50.0 acres (more or less) for Greenfield Woods zoningr Field notes to all that certain tract of land situated in the James Coltart Survey Abstract Number 288, Denton County, Texas and being a part of tho called 60.9975 acre tract described in the deed from Dora Lee Reese to Teasley Road Associatiou recorded in Volume 1541 Page 167 of the Deed Records of Denton County, Texasj the subject tract being more particularly described as follows; BEGINNING FOR THE Northwest corner of the tract being described harein at an iron rod at the most Northerly Northwest corner of the said 60,9975 acre tract, said point also being the Southwest coca-r of Block A, Oak Bend Estates Addi- tionj THENCE North 89 degrees 17 minutes East with the South line of said Oak Bend - Estates 766.00 feet to a point for corner; THENCE South 00 degrees 00 minutes 34 seconds East 208.60 feet to a point for corner= E THENCE North 89 degrees 33 minutes 05 seconds East 417.00 feet to a point for corner in Farris Road; A THENCE South with the East line of the said tract in Farris Road 150.00 feet to a point for corner at the Northeast corner of a called 9.563 acre tract known as the Denton Independent School District tract; , E l THENCE SoutR599':degreesl,$G'ibtautes 24!eeconds West-Vithithge+Nocthylins ofethe said . tract left having Da radius4of.300~00tfeetaandiatdeleehangleioE190 degrees curve 00 minutes ~r 00 seconds; P ty ,L. I THENCE in a Southwesterly direction along the arc of the said curve an are dis- s tance of 471.23 feet (chord bearing of South 44 degrees 30 minutes 24 seconds r, West a distance of 424.26 feet) to a point at the end of the said curvet THENCE South 00 degrees 29 minutes 36 seconds West 140.00 feet to a point at the begianing of a curve to the right having a radius of 270.00 feet and a delta raA i ' angle of 32 degrees 26 minutes 55 seconds= r. THENCE in a Southerly direction along the arc of the said curve an are dis` tance of 152.91 feet (chord bearing of South 15 degre'is 43 minutes 50 seconds Vest adistance of 150.87 feet) to a point for cornea at the Southwest corner ~F of the D.I.S.D. tract; THENCE South 88 degrees 51 min,:tes 40 seconds Ea=t 517.00 feet to a point for we7 } cornarl 'THENCE South 00 degrees 04 minutes 22 seconds East 258.00 feet to a point for ws'~•°. , r a ~ Corner i ; THENCE South 88 degrees 55 minutes 21 seconds east 280.00 feet to a point for corner in Farris Roadi f rTHENCE South 00 degrees 00 minutes 00 seconds East along 'aarris load 593.00 feet to it point for cornlrl ~Al THENC$ South 89 degrees 07 minutes OS seconds West 1,976.00 feet along Rings 4r{Row to a point for corner at the right-of-way of Loop 2881 l' . Z-1833 Y 14 l~s ~.ws,.......v ...-....-..,.......+!..e.a x~w.,...r.......,.......... a......... .......rwg4cAi MSIWFFO:EUWf.fGtY1PdNVtiwWVle~Kw.-r,...«... I{.. ` E q 1 , .1 I:r ww,- w THENCE North 05 ce 06 minutes West 25 feet al, Loop 288 to a point for corner; L,.a right-of-way of THENCE North 50 degrees 10 minutes West 286 feet Ilona the right-of-way to a point for corner; 1 THENCE North 01 degrees 03 minutes 07 seconds West 469.50 feet to a point for corner; r THENCE North 89 degrees 03 minutes 42 seconds East 1.029 feet to a point for corner; 'r THENCE North 00 degrees 15 minutes 49 seconds West 287.50 feet to a point for corner; i` THENCE North 46 degrees 00 minutes East 129.00 feet to a point for corner; THENCE North 44 degrees 00 minutes West 134.82 feet to a point for corner; THENCE North 00 degrees 15 minutes 49 seconds West 102.50 feet to a point for s t corner; j ~ K~ I r 1 ~ J. THENCE North 44 degrees 20 minutes East 159.00 feet to a point for corner; Ft 4 , t THENCE North 45 degrees 40 minutes West 122.00 feet to a point for corner; 4"', r +fF' THENCE North 44 degrees 20 minutes East 80.00 feet to a point for cotaer; M1'" `FN'rg 7, THENCE North 45 degrees 40 minutes Hest 113. 66 feet to a point for corner; THENCE North 00 degrees 17 minutes 31 seconds East'.ith the West line of the. said 60.9415 acre tract 226.96 feet to the POINT OF BECINNINOs and enclosing d iq all 50,5 access more or less. 'AYE' +P S a 4 L i ~ F ` W:1 S ' i ALL y. R C . N F 1~1 ~\~1 \L, r 11 • ~ .'011 ' 4r F r •~IA-0 LI'SA'r L. e~ a', Ik a,;:n 171 J YI ^ 1 FL 1 U , 4 ~4~, y P i'. { _ ~ .w.ti.r..,.w..-.....,- .,.-.,Wy~MWAanww,w.~ .w. ryvMWMtlMptAWa•MiwN:rs*aua+.r l+u+im.n.+w.,^^'e'^ _ 1 i 1r. r1la Lq .1. >L 1 `.1SF. ~ L. ~s Sr L ' •k' a c s 1 ~"~,m 5 ) ,al X 1 t i p 11~~r Y ''''S.I , 1 S O iy d 1 ,ryY xPf y b~ .l q.~ ! r 1 1 ~V 'fir w 1 r' ~ f .i ` Yk 5 ' t +t 1 y i, 1' , 1y Y' { s ,IS a r 91\1 f 1 e Y COLEMAN 8 ASSOC. SUI;vEYING 1 417 S. LOCUST, SUITE 100 . P.O. BOX eae OENTON, TEXAS 78202-0888 . ;817) 565-8215 9,78 Acre Single Family-10 FIELD NOTES to all that certain tract of land situated in the James Coltart Survey Abstract Number 2888 Denton Countyo Texas and being a part of the called 60,9975 acre tract described in the Dead from Dora Lee Reese to Teas- lay Road Association recorded in Volume 1541 Page 167 of the Died Records of Denton County, Texasi the subject tract being more particularly described as follows, BEGINNING for the Northeast Corner of the tract being described herein at an iron rod at the most Northerly Northeast Corner of tPi said 60,9973 acre 'tract! THENCE South 00 Degrees 00 Minutes 34 Seconds East with the East line of the ar + said 604975 acre tract at 208,40 feet passing an iron rod at a re-entrant corner of the said 60„9975 acre tract and continuing along said course, in a11l a total distance of 329 feet more or less to a point in the Northerly right-of-way of Greenfield Parkway ( proposed )j THENCE South 89 Degrees 30 Minutes 24 Seconds West with the North line of the said parkway 1 a distance of 43.0 feet more or less to a point at the beginning 1a ,r of a curve to the left having a radius of 330 feet and a delta angle of 44 Do- 1 arias 31 ainutas 02 Socondsl {Y1 '+s4 f THENCE in a Southwesterly direction along the arc of the said curve and i:ith said right-of-way a distance of 256,4 feet more or lass ( chord bearing of South 67 Degrees 14 Ntnutes 53 Seconds West a distance of 250.00 feet ) to a point for a corner) r. THENCE North a distance of 70„0 feet more or lass to a point for a cornarj THENCE oast a distance of 71, 16 foot to a point for a corner at the beginning of a curve t'3 the left having a radius of 430 foot and a delta angle of 45 Degree! 21 JIinutes 05 Seconds) THENCE in a Southwesterly direction along the are of the said curve, being r" yl=r 100 feet from and parallel with the Northwesterly right-of-way of the above mentioned Greenfield Parkway an arc distance of 940 feet more or loss ( chord f " , bearing of South 22 Degrees 10 MInutas 57 Seconds Nast a distance of 331,3 feet ) to a point at the end of the said curvoj at~R,, 'Ta THENCE South 00 Degraes 29 Minutes 36 Seconds East continuing I° l said parkway a distance of 140 feet more or loss to a point at p the beginning of a curve to the right having a radius of 140 feet and a delta angle of 51 Degrees 59 Minutes 26 Socondsi, 4 ,v ',hyl~ THENCE in a Southwesterly direction along the are of the said curve and pare- ' i ss'► " t llel with said parkway an are length of 1274,0 fat more or tell ( chord bear- a., ing of South 25 Degrees 30 Minutia 07 Seconds Nest a distance of 122.1 foot r' to a point at the end of the said curve) 1< :L r a 1. , r r. , .e ' i pace 2 THENCE South 51 Degrees 30 Minutes West a distance of 152.0 feet to a point in the North line of a proposed road$ THENCE North 39 Degrees 58 MInutce West with the North line of the said road a distance of 189,0 feet more or less to a point in the West line of the above- mentioned 60.9975 acre tract THENCE North 46 Degrees 00 Minutes East a distance of 129,0 feet to a point T for a corner, THENCE North 44 Degrees 00 Minutes West a distance of 13482 feet to a point E for a corners ` THENCE North 00 Degrees 15 Minutes 49 Seconds West a distance of 302,50 feet to a point for a corner) THENCE North 44 Degrees 20 Minutes East a distance of 159.00 feet to a point r for a corner= s it THENCE North 45 Degrees 40 Minutes West a distance of 122.00 feet to a point I for corner, 4 TIIENCt North 44 Degrees 20 Minutes East a distance of 80,00 feet to a point fur a corned THENCE North 43 Degrees 40 Minutes West a distance of 113,66 feet to a point for { a corrier~ THENCE North 04 Degrees 15 Minutes 49 Seconds Hest with the West line of the said tract a distance of 229,27 foot to tha Northwest Corner of the said trac', 1 also biing the Sout`wost Corner of Oak Bend Estates THENCE North 89 Degrees 17 Minutes East with the South line of the said Oak Bend y~ Estates and th0 North line of the said 60,9975 acre tract a distance of 766.4 w t, faet;`w,ro or'•loss to tho PLACE OF AEOINNIN6 and enclosin 9, Ile of les'a~ C 78 scros of land more s wI ~r lik ; Thesi'F3eld Notes sore prepared from record information only. ~y qdc ~`,1k,~frd el Kern A',Pr9,. Not 4158 cha n Dace , ~p t ~A C ids ,`t ~~,..rl....~• „ t~E~S ~ ' e~•• ,117 •:ti,~ ~ d i. 1 ,ul, ulfu,.lwu...f~+, x a +¢r {JA's 51 r,{IC11lt J. k;dN y,~l UI"In IN.. U, u1NI1 N1~ 4 4158 t eSU~ ~t11i, k - .«...e,.py~ _ ^vhak tcm.VdiAOV.r^,^*r..«. ..,•I.Yq y"lNweea.. r , y a wE r ,+Ay 5 t ~q ~r' i , , r ' y , J~Sh4 5 a r J 7~ 7 9 y COLEMAN & ASSOC. SURVEYING 7 S. LOCUST, SUITE 106 . P.O. BOX 686 . OENTON, TEXAS 76202-0686 1817) 565.8215 1.1 Acre Future Park FIELD NOTES to all that certain Tract of land situatad in the D. Culr Survey Abstract Number 287 and the James Coltart Survey Abstract Num- ber 288, Denton County, Texas and being a part of the called 60.9975 acre tract described in the Deed from Dora Lee Reese to Teasley Road Association recorded in Volume 1541 Page 167 of the Deed Records of Denton Countys Texas, The subject tract being more particularly de- scribed as followse BECIMIINO for the most Northerly Northwest Corner of the tract being ; described herein at an iron rod at the Southwest Corner of a called 9.963'acre tract described in the Deed from Teasley Road Association to Denton Independent School District ( also known as Farris Road DIED Elementary ) recorded in volume 1801 Page 818 of the Real Prop- c Rey erty Record of THENCE South 88 Degrees 57 Minutes 40 Seconds East with the South line i' of, the said DISD Tract a distance of 257 feet more or less to a point a?? for the Northeast Cotner of the herein described tracts THENCE South a distance of 350,0 feat morn or less to a point fora e L~`, ,iuyq Cotner) s# .THENCE South 44 Degrees 49 Minutes hest a distance of 58.63 feet more w t of loss' to a point in the North lino of a proposed ro;adj THENCE North '39 Degrees 58 Minutes best with the North line of the said " r y`PZ+ + rold'i-distanca of 428 feet more or less to d point In the Easterly iinilof Greenfield Parkway ( proposed ) in a curve, to the left havine ors a isdiui of 210 feet and a delta angle of 17 Degroh 09 Minutes 20 Sec cods (chord boating of North 40 Degrees 31 Minutes 25 Seconds East a distance of 80«4 6 Nett ! 1, `;fr,59ti THENCE 'in a Northeasterly direction along the arc of the said curve on the East lino of the said parkway a distance of 80,8 feet to the PLACE 8EOUNINO and enclosing Irl acre$ Of land. s, 6 " c•~ `ar~< , Those i'leld Notes were-prepared from record information only, rat b ~ ,r9 I a fie, X. C t + Miehul Jo Kern R.B.S. Not 4158 t g,a ate r F,.: I" 9~~,• ylIt y A Wraw Mmr.#,n. •••""~+AalHyptA!iYp, dwi.~~"-" ` .1 I> M i it ~ I Y' - I COLEMAN ASSOC. SURVEYING N7 S. LOCUST, SUITE 108 • A.O. 60X 688 . DENTON, TEXAS 76202-0686 (817) 565.8215 , 7.7 Acre Retail f FIELD NOTES to all that certain tract of land situated in the D. Culp Sur- wf,. Vey Abstract Number 287, Denton County, Texas and being part of the called w 60.9975 acre tract described in the Deed from Dora Lee Reese to Teasley Road Association recorded in Volume 1541 Page 167 of the Deed Records of " Denton County, Texas) the subject tract being more particularly described as followsi BEGINNING for the Northeast Corner of the tract being described herein at IA a point in the West line of the said 6049975 acre tract, said point bainR South 01 Degree 05 Minutes 01 Seconds East a distance of 330 feet more or lees from a fence corner post at the West Northwest Corner of the said t 6049975 acre tract THENCE North 89 Degrees 01 Minutes East with a line parallel with the North line of the said 60.9975 acre tract a distance of 1008 feat more or less to a'point for the Northeast Corner of the herein described tract] r. THENCE South 00 Degrees 53 Minutes East with a line being the projection of A ,7c the most Northerly-West property line of the said 60.9975 acre tract a dia- tanc of 358 feat more or less to a point in the South line of the said 60.9915 acre tract in Kings Row) + 1 f•i wt j A a y~`f " ;q; THENCE,South 89 Degrees 07 Minutes 05 Seconds West with the South line of the said 6049975 acre tract in Kings Row a distance of 789 feet more or a " lue to an iron rod at the most Southerly Southwest Corner of the said r tract? THENCE North 05 Dagreaa 04 Minutes West crossing said kings Row a distance I lyv of 23`;eat E6 an iron rod in the North line thereof and also being in the 'Ay.G Northerly right-dl-way of Loop 2881 THENCE North 50 Degrees 10 Minutes West with said Northerly right-of-way - ',s A distance, of 286' feet more or less to an iron rod in the West line of the'laid 6019915 acre tracttl 'WHENCE North 01 Degree 02 Minutes 30 Seconds Nest with tha West line of ;;1 ! the laid 60497S aoia tract a distance of 146,5 feet more or leas to the R t,br+ PLACE de BEOiNNINO a»d enclosing 7,7 acres of laud more or less. , These FUId Notts were prepared from record information only, ~fiy' ~X 09 Ir2i' Mich 6 Ie1 J. kern R m , P ,$fr Not 4158 f~~;,1•{,'#.s a r~,+ Date wa1 ;t• r v. hey J 4.'. 11 ~ ' .•.ww.w+l.ww"r.."w+r.^.-... ........w nw+.,.a.gaw+n.a.~. .w,.yyly+`eYtVn,M.a~++t.W.ItvNn.MVKv1a.Wrw4w~"'"^"'" L.. 177. '717" . 7(ti'~ s % Ik, JI 1' 1 c i 1•} , R}'.F4 t1 ~ f 1 'G ti 1V' it 1 .f i 7 , COLEMAN & ASSOCe SURVEYING 117 S. LOCUST, SUITE 108 • P.O. BOX 688 • DENTON, TEXAS 78202.0888 (817),45-8215 31.4 Acre Single Family FIELD NOTES to all that certain tract of land situated in the James Coltart Survey Abstract Number 288 and the Der Culp Survey Abstract Number 287, Den ton County, Texas and being a part of the called 60,4973 acre tract describ- ed in the Deed from Data Lee Reese to Teasley Road Association recorded in Volume 1541 Page 167 of the Decd Records of Denton County, Texas) the sub- ject tract being more particularly described as follows BEGINNING for the Southeast Corner of the tract being described herein at an iron rod at the Southeast Corner of the said Teasley Road Tract at the inter- section of Farris Road and Kings Row) s THENCE South 89 Degrees 01 Minutes hest with the South line of the slid tract " in Kings Rou a distance of 1187 feet more or less to a point in the Nest line a of Greenfield Parkway ( proposed )J THENCE North 00 Degrees 53 Minutes Hest a distance of 352 feet more or leas {~g to a point for a re-entrant corner of that herein described tract) THENCE South 89 Degrees 07 Minutes west a distance of 1008 feet more or 1o 0i to a point in the west line of the said Teasley Road Tracts + k THENCE North 01 Degree OS Minutes 07 Seconds west with the west line of the acid tract a distance of 329 feet to a fence corner post at the west Northwest ','d'rt Corner of the said tracts THENCE North 89 Degrees 03 Minutes 42 Seconds East with the North line of the said tract a distance of 1029 feet to a fence corner post at a re-entrant cor- net of thu said Teasley Tracts THENCE North 00 Degrees 15 Minutes 49 Seconds west with the Nest line of the iaid"NA'61sy tract a distance of 285 feet more or test to a point in the North y ' ` like df a proposed road) s „ THENCE South 39 Degrees 58 Minutes East with the North line of the said road a L°,at distance of 189.-0 feet to a point for a corner) Y 'tk Y win a 7~ \\\31{ENCE North 51 Degrees 30 Minutes East a distance of 15t.-0 feet to a point at the beginning of a curve to the loft having a radius of 1404 feet and a delta ; Angie of S1,Degrees 59 Minutes 26 Secondss 1J THENCE in a Northaasterly direction along the are of the said curve 140 feet 'w L X parallbl to the Kest line of the 'abovementioned parkway an are distance of 121 f A ( chord bearing North 23 Degrees 30 Minutes East a distance of 122.7 feat) to a point at the and of the said curves - THENCE North 00 Degrees 29 Hinutes 36 Seconds Nest a distance of 140 feet to a point for a corner at the beginning of a curve to the right having a radius of °L'+.;;~~ 430 feet and a delta angle of 45 Degrees 21 Hinutee OS Seconds) } i4 ~ ''"..+r .........r• - • •-+..a..awAwww?Yt~+.'Y.w., w« • • r...eal6M4d~J,Y4Y"11.11F..tl~i!':➢N`.!N'fiF/Vt.MiMYdbua y Ali r r THENCE in a Northeasterly direction along the arc of the said curve being 100 feet frgm and parallel with the Kest line of the said Greenfield Parkway an are distance of 340 feet ( chord bearing North 22 Degrees 10 Minutes 57 Seconds East a distance of 3345 feet ) to a point THENCE East a distance of 71.0 feet to a point for a cornea THENCE South a distance of 70.0 feet to a point in the North line of the said parkway in a curve to the right having a radius of 330..0 feet and a delta angle of 44 Degrees 31 Minutes 02 Seconds! THENCE in a Northeasterly direction along the are of :he said curve and the North line of the said parkway an arc length of 256.40 feet ( chord bearing of North 67 W Degrees 14 Minutes 53 Seconds East a distance of 250.00 feet ) to a point at the end the said curvet 3 y'. THENCE North 89 Degrees 30 Minutes 24 Seconds East continuing with the North line of the said parkway a distance of 43.0 feet to a point for a corners THENCE North 00 Degrees 00 Minutes 34 Seconds East a distance of 12040 feet to a 2 iron rod at a re-entrant corner of the said Teasley Tract in its North lines J err a ;i THENCE North 89 Degrees 33 Minutes 05 Seconds East with the North line of the said tract a distance of 417.0 feet to an iron rod at the rest Northeast Corner of the said tract in Farris Roadj THENCE South with the East line of the said tract in Farris Road a dIstanc'I of 150.00 feet to an iron rod at the Northeast Corner of a called 9.963 acre tract d`ry` known as DISD Farris Road Elementary] ' a f1'+ THENCE South 89 Degrees 30 Minutes 24 Seconds Kest t:ith the North line of the said DISD Tract in the center of the said parkway a distance of 460,.0 feet more or less to,a point at the bodinninn of a curve to the loft having a radius of 300.0 feet and a delta angle of 90 Degrees 00 Minutes 00 Seconds! TH99CE in` a Southwesterly direction along the arc of the said curve an are dist- ~Y i ' tlnoe of OW3 feet( chord bearing of South 44 Degrees 30 Minutes 24 Seconds best }t, ; ' a distance of 424.26 feat ) to a point at the end of the said curvet - ; THENCE 'South 00 Degrees 29 Minutes 36 Seconds East continuing with said parkway and the Nut line of the said DISD Tract a distance of 140.00 feet to a point at the bsgltining of a curve to the right having a radius of 270 feet and a delta angle of y all 49 Degrees 33 Minutae 11 Seconds! ;HtNcg,in a boutherly direction *long the arc of the said curve an are distance of ,7 sis; 212d feet more or leis ( chord iaaring of South 24 Degrees 17 Minutes 59 Seconds Neet a distance of 226,45 feet) tp a point in the North line of a proposed toad] TASCE South 39 Degrees $7 Minutes 4e Seconds East with the North line of the, said road a distance of 47860 feet mor4 or less to a point for a corner! THENCE North 01 Degrees 44 Minutes 57 Seconds East a distance of 73,23 feat to E ve,r , rv a point for a cornorl ' r THENCE (forth a distance of 350.0 feet to a point in the South line of the abovemen- , t tloned DISD Tract! s`~.; ek~J,«.rr,~.~.-+.. _ - ...,,.,'J,'Y'IL'11hCiWIAY#SCA~rY►/iM4M'M"'..„ 4 1 d. 4 NI r 1, CCCC R A l r 1 j V .A A i 1 r ' r Page 3 x r t, THENCE South 88 Degrees 57 Minutes 40 Seconds East with the South line of the said DISD Tract a distance of 26) feet to an iron rod at the Northwest Corner of a called 1466 acre tract dec:ribed in the Deed from Dora Lee Reese to Irene Be Wilson recorded in Volume 1542 Page 35 of the said Deed Rncordsl * :r THENCE South 00 Degrees 04 Minutes 22 Seconds East with the west line of the said Nilson Tract a distance of 258.0 feet to an iron rod at its Southwest bk Corner) d k THENCE South 88 Degrees 55 Minutes 21 Seconds East with the South line of the t said Wilson Tract a distance of 280.0 feet to an iron rod at t I nor of th he a the said tract in them est Cor- iddla of Farris Road and the East line ine of of the • said Coitart Surveys P THENCE South with the East line of the said Teasley Road Tract in Farris Road a distance of 593 feet more or less to the PLACE OF BEGINNING and enclosing Ir 31,4'acres of land more or lessl 4 k1 x r,` hese Field Notes were prepared from record information onlyr , r 4 4r r l '#f az 1 ' E !ic sel Jr Kern R„PeSe, No,.. it9 4158 rSf,,,,~eT..J, .s1 .ti q~;,~ rah. yt.•~ '~.7 Date u pR/'y. + .b•HN~Fae•u,ee --sloe Y~ 1.% 611CFtAEt J. K:AN a..~ ' OI NU U• I~leiuullHw u1~+ w t Irl i A~ 4158 ~ 1 r n;' e 6 tiff; 1 ;1 d V ~ JI ~ 14~ ~1 I r I o , t y~i M 4` ' ~ •ir ,l7,, J • y r ~ t ^q fJ .re ~,..i k t"' ,1 r . x r r:y/~ ~ ` . ~1 Fyn r'I~iy aG 14 • . _ ...~.yyc„ON XdMMdNeyy..r....I' a 6 v 1 'I T C'r ~tl~i I;A f rA ~+J ttY ' ' S.PI yySV ~ S ~ k +~A2 S i 0~,, t ' + 44, tl X14. y !1 y 1 1 r~+tnR! ' 1, "1. ,'l~J~1:" S' I , FtiY~w+rr 1. ■WUi yW, Yby ■Y.. ~ L.M" YMN w1.4~wh~T i. Yv •wIn Y~ivwnl r~ 4iFS:°~'1 I:°.•a ri`I,'• ti A Vlfrr■FIi/IJ L Y~ ,M•••~• • w 1 iv. nMvu•,r I ~tiry`d pp T , I , YYUi~ rl ~ \ ~ ,rNMW .I M. •L.LY , Y~cwrrr HA► . t .LI41rer ■ naHSr~ / I \ i.n .~:.:':•r' -X /l.iTivj TR!(t I rr: ~M1~w,M•Ir~. u,•~,YNY r.r ~~x hrr~nyrr/I). It- r . ~ IY 4ila( flR Iyr. I±Fw f~i1 1MLAi. yy I.rY q\. [■MI4L.tlr■~~ i X.1/ t r4.'twr~'. ■ l , I. (1115124i•? ridAP A;.c wt~rll~lY~e>~#~7'n., Il.w ~1-.. i~1 I• ~ •~!S"ry M•r /+•.1 F.n r., ♦~.•►M1 w.■r1 I l N tl.Iw NL...N... ; F YIw1 ' 9 ~A \.'rI~ :v I I N•.Y.U Nrlrt Iy~~M+ . a Cwwirlr►y5 7EA4W ROAD A$fdaAT6."1M -'t- a/■ MO. JV 07'M408 O'd b{ Pt 11 MN fM1, 1Cu! blol . ••fKlL Y(■rblNfdL u i 'Olrl l~, ja` '.~il~lf 1L17' ~VDODy t....`'C N[V11rON1 BURK1. ENGINEERING ~ „~,~„a~ , esweC T/Ibr l_tAp~ ~W rtt ,G,iow dfr 6. IGGI,fj WIT/1yd a D[NTI)N, TCNU mom Ilttl !N' In+ =-oif Id3 ...,.vMrar/L■•ylgdylNlt?I/1Wi1•`~•, - - a ~ e T Y f~ a y rwr 1 :A r I 1 f { ti P, EXHIBIT "B" u CONCEPT PUN FOR GREENFIELD WOODSr CONSISTING OFs +y = 1. Conceptual Site Plan (1 page) ,c err . ` l ' 2. Tree Conservation Statement (1 page) 3. General Notes and Development Schedule (2 pages) t r~ III,: r r s i J err , ~ r ^ 1 {,M1j W~ ~ r f R D ,F{ I 6 "~''~f JA'Pyl~~ 4 r rr•. 11~l/r, n1' .4',14. 211 rp 0, , yy~~' t I v I ' A ~r v l r ' i i f, i ; t?il~lF L-1833 :ra F ~ r~ v tr . ~ I~ a r I. ~ r r , ~ I 6 I~ F N J ~ .'t r. ~ r P r: i t n Y ti' ~I' .w 'i JirS ~~u~erly rl I~. n ~ r ~ )ry. r r i 1 . I [ r rllf t ~lr ' r. 1 v . 9 f 1 Teasley Road Associates P.O. Box 117 Denton, Texas 76202 (817) 383.1520 August 140 1986 j GREENFIELD WOODS ADDITION ` Planned Development Tree Conservation Approximately fifty pe:- cent (501) of the land area at Greenfield Wood is covered by native trees of varying heights and caliper. It is the intent of the developer to remove only those trees directly in roadways (paved portion only) or those that cannot be salved during utility construction. Every effort will be made to coordinate construction of streets and utilities in order to save as many trees as possible. Upon completion of development phase, restrictions will be a ~,Ir # filed of record to prohibit removal of trees frot,~ developed lots' 5`~1"? u43 ,Athout the permission of the developers' Architectural Control tf , Cimmittes. A standing restriction will also require that each lot have a minimum of two (2) trees in each the front and back yard of the home. q As in the past, the developer will relocate as many trees a's possible during the development process. Our goal is to preserve 3e; treed, not to destroy them. r 1 k ,r ytJ a, y +4 , n "1+ ~ 4 ,y~,*~ y yM1 a, rat t i P, i'f f'1 1 f` 1 ~frv. X p ? 1i a " i;v F , GREENFIELD WOODS CGNCEPT PLAN VISION GENERAL NOTES: Statement of Intent is is intended that this 50.45 acres, be zoned and annexed within the City limits of the City of Denton; and be subdivided as requested on accompaning Concept Plan above. Teasley Road Associates being the solo owners of the property, Fish to designate a portion of aforamaottoeed aub~ivision'Eor a E li~ PUBLIC PARK. t y{ p,' Relation to Comprehensive Plan Bi it known that this development is intended to meet or exceed the City of Denton requirements in direct relation to the City s comprehensive plan t w •'.^F,, for this area of Denton, specifically the areas being designated for Educ- ation, P,iblic Usage, and Preservation of Existing Natural Landscape and Foliage %4 enever possible. 3. Acreages Tota'. acreage- 51.07 Ace gross ' r ►rte ummarY_s Grgas Areas 51,07 M<. Street ROW. Y 4R 1 Y,N T b 1 2.13 1EM -__1"6O ti s. NET ACR£AGEs 47.34 .F Density 4e' Land Uses 40% F.A.R. 3.08 Ace Ceneral Retail 7.7 Ac. b,b U/Ac. 112 lots Ra" 31.5 Ac. SF1 9.78 Ace 3.4 U/AC. 27 lots ; rrY ' SF10 - Public Park 1.47 Ac. f " y 50.45 Ace . r iy i 4: 5. Off. Site tnforlmation are' ` i; Ali adjacent property lies outside of Denton City Limits Zoned except a proposed Loop 288. 011, r,►,° ' b. Traffic and Tranahortation + y r, y Projected Traffic' Amounts Acreage Level Avg. Trips Total ^6'a ,rT Trip Ceneraeior, Trips Land Use Factor of Develo went Acre 1 trips l V `rr 14 trip s/D.U, 4.•4 D.U./Ae. 44 r " Single Faseily SF-7 p ' s/D.U. 3.4 O.UdAc. 34 354 trips w e r 10 tri p single Family SF-10 i w trips General Retail 60 trips/D.U. 17,4.4 sq. ft./Ac. 1045 805 trios ztiv ,,,r •r{ ^7 Public Park 10 trips/Ac, 1.5 A.A. Total trips daily- 9787 ' BulliinAS 7 76 t,.;t',' m w' `y1 as)) See Concept Plan "Example" ~r ~bb) Maximum height- 2 story r (cc) Setbacks- see Concept Plan above. (dd) non-residential total floor areas i.ot to exceed 40x of 7.40 Ace- 3.16Ac. { , r continued- w~•,~b,~xM.,,w_..-:.. RBfiP:V0:t1ni-.l_e..own log; i• ; b ,r t I 4 5 ~ 5 r g~w'w nl7 df' h;~~ % e 1 6 } CREENFIELD WOODS CONCEPT PLAN xEvIsioN GENERAL NOTES: (page 2) 8. Residential Subdivision ; r, (as) 142 lots, for location see Concept Plan above 4 ~ (bb) see Concept Plan "Example" ^ (cc) setbacks- see Concept ! Plan "Example" i q 9. Water and Drains a Site is out of`I00 year flood plain, There are no ponds, creeks, or lakes. M ` w 10. Utilities Texas Power and Light Easement- see Concept Plan above. ' No existing gas lines on site. ar Proposed utilities: have been submitted 2-6-86 u a 11. Trees See Concept Plan above for limit of existing trees. aF ,F t, 12, Oven Space See Concept Plan above. 13. Screening r.. ^ Natural screening to be used wherever passible with berms and fences to be added between areas of different land use and adjacent property, b r s ~t S4= y t 14, Development Schedule { s Sc'tion Detailed Plan 3R Construction x~ . Jan. 1987 Au 2: 8 1988 3d4 Sept, 1988 Oct. 1969. ~,7 K July 1989 Aug Aug. 1990 .15.Minimum lot areas are 7 iul ~N 4 ' 000 sq. ft. for SF-7 and 10,000 sq. ft. for SF-10. s 16. Proposed Sanitary and Water Lines are shown and will be sized and designed according to current subdivision ordinance requirements, R 1 E Yr 1 e ,{e F~6 JAS' 'rJ 0 + :Lf 1 t j .1, .lye ~ S W q. RsQ PI IQ~I6 A flY$ X66 p~ i~yyg a ~ Y 1VM > E , ZI. q~ ~ 4 f F_ - 6 % { I r A~ ~ K i ti 1 # L I. { PROPERTY OWNER REPLY FORMS y CITY COUNCIL 1 3 ,4,i 2-1866 I,lI~~ a d f ~i C [ IN FAVOR IN OPPOSITION UNDECIDED r";t Teasley Road Assoc.II1 None Received r P.O. Box 117 Denton, TX z,. r k yk v r t ~ M1. r r r r yi fly f Y {~#;i r.', bf t ,/.1 try , X t 1 5 s I :w 4 S'7t;r' P,t 1. 77~~ 3 A 'P~ t1z. Pr vi,y y F`~~ as dF1'. x IF Y hat. 1 ~ i rr 0-1 y ?f c r R'r ; ti 5 i 1 r r t 3 1~ r . t r; .w.t<O~M+.r dbr.sd'~J~W'4MI~tlhAliNd9FW'.FR .r.~rs _ v'.'''; ^ t A +4! # ''SK ~l' ~~r:r.X v 7' 1 nr r r t F r r 1'r ° I l# ^e ~ [ I h y~~3 r r r. i q, f e,'1 : 1 a s J r ~ F r~< H ? t ' Y~ ~ ~ t ~ i~ r 1 @ ~pvY r w.y~7 r~ F d fIA 1 i a r i ~ ~Nla I 1'. ~ nh r (^jJh jl' 7AJ 1. ~ Y: kY 16-ala -C djQP. f~ ~y k A l r 'w i 4 r t~ y^R Y tot, Y 1 I. "i M1 1 It - S r 3 . tt sa a p 4 Z Ninutes September 9, 1947 Page 3 e t t A+r. Claiborne stated that he has some reservations. He said that the City has some control because this is a plannea development. He said that this proposal is mote 7', tw desirable than other types of uses. Mr. LIaiborne moved to recommend approval of Z-I%so with the IollOW ing conditions: 1, Y I. lUt of the street yard (area between the right-of-way and the building) will be landscaped. t. 41 of the remainder of the property will be landscaped. 3. An ott-site drainage channel must be constructea on .yrl, x property to the north. Gtl•stte permission will be f p~ required for this process. k t ° Ms, bfdcK asked what the Commission would be deciding when f other agricultural zoned property in the area comes before tl.e Lommission. Mr. Claiborne stated that they have to De ~decided on a Case by case oasis. l„' ~ e a Mkt j Vote was called and motion carried (4- no 1). Ms. 6reck voted JI < rM ,,e s' , ;~r,. Z-1 Sob, petition of Burke Engineering, representing ' r ems ey f,oad Associates Three, requesting approval of a detailed plan for a 13.6 acre tract located at the j ' northwest corner of kings Kow and Ferris koad. `Ibis property is a portion of a previously approved planned e development at this location, It the request is approved, . v' {;r the following rand usxs will be permitted! " k 41 Sing;-, family Detached Lots with a minimum lot.sise of 7,tiuu square feet on 1t,u3 acres with s dehsSty of,S.UI units per acre f F M r park on l.s acres y Four notices were mailed to property owners within 2uu "r feet; one reply form was receiveo In favor, no reply forms ~,4 r v 1. were received In opposftlori. el 74 ' Sl Af!' k1PUK'li ks, Spivey stated that the Lity Council `on ucto er , 19so approved a chinge !n toning ttcm tnr ayrl - yn y9, icy, cul~urvl JA) district to the planned development M) on a 5U.4 acte tract located at the northeast corner of Lou +,xY4 ibb ahd kings kow, V ~+s + ~A+ a w this plan represents, the Second phase .k of the resloentlal section of the development. Dhe said rr y that electric services for the development will ue under- gtdunu except for major transmission lanes, as required by + the concept plan. The project will be monitored to ensure jsJ t ° that tree pl ahtiny and preservation conditions"are <oayiled r with upon caopiet on of the development phase. 'C a'' Mr. Elllson stated that the staff initially was recommend Ing dental of the detailed plan in regard to two issues 'tilit bad not been resolved. he said that the issue of ~ perimeter Street Improvements on the frontage of propetty +y " T ' that wqs not owned by the petitioner, Y1rgl1 Strange, has c l been resolves. The City and Mr. Strange will be contribut- ing to cover the cost of improving the Farris Road frontage k, of t:te bilson property, he added that two lots in Chase b 4t kd.. were left with small, awkward, Irregularly snaped buifd• y '".t XsN a hr. ble areas because of a transmission line easement and I the lots, figs agreed to rework this area by consolidating 1 the { !is. brook asked for clarification of the street allbuiael,t and lut tavout. Sr. bllison stated that hr. btranae wouiu oe redesigning the plan and consolidating the lots, lie . r . " • '+R,-"..`MKp rvry'e..-.r ..r....yrN. aw..r....,._ , ...•.e. .nAer war+ , tAAj ,5 ~1 _ I.it % x, It a r . P 8 1 Mlautes September 9, 190 + Page 4 said tnat Mr. Strange would like to make revisions before t the plan gods to Louncil and staff administratively accepts r e the preposal. The Commission would have a chance to see the layout again during final plat stages. r „ YhTiTlONER: YtrgiI Strange, Teasley Road Associates ill, 1 • sated tKat he would like the uowulssion to approve a de- tailed plan for Section IV of this propperty and to approve s preliminary plat for Phase A of Section IV. he said ra i that in the near future they will be coming back with a a i prelt inary and final plat of Yhase b as soon as these 'a Issues have been resolved. y Ms. klker Askea about the street alignment in regards to safety for the school areas. hr. Strange stated that they . want to avoid long, straight streets to avoid speeding but to have a short street with a curve that has good visibility. + „ { Irene Wilson, owner of tract that is to improved on the frontage by the city and Virgil Strange, asked about the ? 's improvements. Sr. Ellison stated that the city and Virgil Strange will 5., be contributingg to do the perimeter street paving Improvements In no cost t'j Ms. Wilson. ti~ 1` • ' IN hAYUk: None present. a OPPUShb: hone present. 'tPF s: Mr. Morris stated that it Mr. Strange is redesigning the +L property it will have to be brought Oack before the ,r Commission. vd Si^t Mr. Strange stated that he is just moving a lot line. KiLUMNLNUATION: Ms. Spivey stated that since the issues , (~a have een resolved, the half recommends approval of RtbUTTAL: Mr. Strange stated that he was available to y y a~. , ~~X? < , answer questions. 1 Chair deelared the public hearing closed. DEL15fuh1 Mr. UISSSCOck moved to recommend approval of ZT--176-o. Seconded by Ms. Brock and motion unanimously .Carried (S-u). f 1;, y+f F~ 3~ ill. CUNS1DkRAT10N5 A. APPAUVAL OF PhbLIMINARY KAI uE ThE CURIIS INDUSTRIAL a x, XUDIFION, of , Block . y" tip,; S STAfP KEYOK1: Ms. Spivey stated that this tract is 20,85 , T> s fi+,a acre loco d on the north side of East Mclinney Street 1tk 420) approximately ODU feet west of Mayhili Road, A planned development (PU) requeet for fight industrial land use was recommended for approval by the Planning and Zoning P Commission and approval I. pending by the City Council, Drainage Ia a cf tical concern at this tract and a`jrafs• x✓,1 Ka+,'~ fined channel must be,consitucted on off•site property to the north, 0 % site permission and easements will be required. She added that the Development keview Comwittee t + ` ~ttix t recommends aa`pruval. {fiti `".rt ` VEiIiIONER: Brian burke, Burke Engineering, stated that the preliminary plat is conslstent with the plan and does contain all utility easements. He added that he teels there will be no problem with the drainage In this area. . s r _.....rw.w.au ..w.b»w _ .....-.ru•..KN. •.rt\Aw.'f+v,ur.:.wr.,..:..-..n...e..-.w 6 14 _ I 1 a , VP 15 , • . w , 3 / y f'e . 2026E .41, .'i N0. I k t AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR A PORTION OF THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE NO. 86-1989 AS SAID PLAN APPLIES TO 13,6 ACRES OF LAND 4 LOCATED AT THE NORTHWEST CORNER OF KINGS ROW AND FARRIS ROAD, AS M IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $29000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. j ?4 / . rr- k WHEREAS, Ordinance No. 86-198 provided for approval of a a planned development district of SO.S acres of land located at the northeast corner of Kings Row and Loop 288, as is more t;r > particularly described therein; and WHEREAS, on July 22, 1987, Teasley Road Associates Three petitioned for approval of a detailed plan for 13.6 acres of the district for 41 single family detached dwellings; and r WHEREASO on September 9, 19879 the Planning and Zoning, n Commissions after holding a public hearing upon the petition, recommended the approval of the detailed plan; NOW, THEREFORE, p a y y, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That, in accordance with article it of Appendix B-ton ng o a Code of Ordinances, Exhibit "A", attached hereto; t and,Ancorporated herein by reference, is approved as the detailed plan for the 1$.6 acres of Is d as described therein, so that, herbaftor the land 'shall be developed, used, and subject to the v,r .I provisions of said detailed plan. I SECTION 11. That a copy of this ordinance shall be attached F~ to: r nance o. 86.198, showing the approval of the detailed plan for a portion of said district,, " SECTION lII Any person who shall violate a provision of this or nances or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued 'thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars {$2,000,00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such' violations such person shall be punished within the limits y' e~ u * above. ai 4 IGf a e ~ T xr'i L: lY~ ! y ..i L .-~.~--.r. -....r.x... n...V.«M.-..VC.r~.... . r. N. n n Wvty r r, rI♦A tl.P: ~ITrsaler~~:>-p3. vim.. a sr.rn ~i {d 1 lI ~ ~ :Y I , lip 61, 44 lS~yyG Y'• 'ar 1 i :r + d , ( y SECTION IV. That this ordinance shall become effective four een ays from the date of its passage, and the City r;7 Secretary is hereby directed to cause the caption of this r u` ordinance to be published twice in the Denton Record-Chronicle j the official newspaper of the City of Denton, Texas, within ten (10) da;s of the date of its passage. s <t , ' PASSED AND APPROVED this the day of , 1987. ~r ~ _ , .~f• ~ ~ , -,tip RAY STEYHENS9 MA i ~ a b + w ATTEST: 3tNkim IIALTERS, CITY SEC MM «i r^f.}Ir w APPROVED AS, T0, MAL t'ORM: a>' D$BRA -AbkMi 'WYOVITCH, CITY ATTORNEY ; yER~Lf n~tlt vl , a ~ FJ ii 1 P d~v 00 rC i 4 ~Ij ' L L 1 j 1 1 .1 Ib e~ ' - _ i l . ~3 P{yd ~ Q~ rF r f .1 I U~i tin' 1 1 7 ~ i~ i p e„ I GJ'g1 .'{~,IC~, 1i 1~ !J 7 r i 5, 1 W 1! ~~~po r n rb~ jr 7,i d» 1 y ° s 1 R ti ~.e' • { f N EXHIBIT "A" 1 YL f , Y' DETAILED PLAN FOR ORDINANCE NO. 86-198 13.630 ACRES, i- GREENFIELD WOODS ADDITION, SECTION FVUR, PHASES A AND B,+. CONSISTING OFa f 1 1. Detailed Site Plan (I page); ti 1 1r) # 2. Development Standards 14 pages); 3, Field Notes, Phase A, 9.294 acres (2 pages); and 1 , 4. Field Notes, Phase B, 4.338 acres 11 page). t r , ~ Y+ y f ; M1 ti K ~Y Lr r,. t M1 r , ~ F Y_'f.. CFA+~ ~ ~X f~1 1 r 4 1~ : 1 ~ i t sf s , I e r. 41, ~F $ j ' 419 a31~ y Ai. S 1 r j F, y g, ' 8-1866 `L .t f _ - - -.....um PKY kYY1&'~Lf~+'JK.1C,aa^t~rSCAFrirro,•+`~^""'•~~• p C S~ 1 i ' d r 14 4 k r4 P a Y~k~ ✓ s ~ F F7 tib~~, q++ ii ,4 y .I ? 1 f t +i ' l s j ~ O~ rDYNM ItM K.OI (,n~ j ' var , n...~w I . r w_ A T r Yf. tlM M'ff a / I f r !Y! +~l M. \a ~sr IS al p Y i,11i 4 r wv wr.u «r.`w.. rYw f. r Yl.,..i \ \ 4 'JY MiI' rrx. rw, +r. rw. a• V! L r4Tr .wr rYir fwYYr YY.r1 Yl.. rte'{-+Y a L...~ _ a lY rl .n er WY u.W. .W.... ~i~t~a~iNN~I ,i- 1 / L 1 a IY .rwer...a .wui,e d.. r<MI IbYI \6. \ 1 ....ht rx. ~f arur'r rw~wrrwx ~ ! V •,N •)i .1 = ~ ivwwitliir:.`i.xr+ihwr~:r.w x I A \ r Wx.,.r YM1lr.mf.xr Yr lr I ~ ` \ ~ ff• _ ~rMY,x Mwwrl4.tlW rw Y. ~R M1 k J I J 1 \ \ \ ~ 1Ix.f lwrf W,Y rrrw M1p.. \ 1 ( l 4iM.wYwf YM. kI. \ ) / r ~r.~V I. Hh y rru~..~n r'=kk :M✓AJY. ( lI Wf.~.yr~~YIYI•.N x .Y•'I~W.IYY 16. I L L •.L...J y tl. \.W.~✓.+Mr, wil MIrY YA wMw.lYxY W. 1 I i . `Y 41wrrY W~4'r rwww Y,rwu. H. ~Y jf4 1,. I' •4tl.YHM Yw "I'.M.I WwW.rN.YhWIx I,, ~ ~^VI~ H,~ 1 L Yw lrYl wlf YYlr .d ~ y r. Mr~ I! l a Yr.w w.rx.. 11 ~ , .l /I' wWiiwWf !1 las o1.11u.w.W LY. `r. i rr Y.fx Y.p lyl;Ilwrli' ii ~ 1 ~ , ~ n w OYef MA.Y YQIi. ~ 4YS VIP IY.ill /Wp vn ,s zr r> j ' \ DETAR.EO PO Y OF 1 GREENFIELD W6W P' I eµ. x SECTION FOUR, PHASE A 9 B r au AMU • tYt dltr M4 evAm b d(litol r n TEASLEY ROAD ASSOCIATES Zi h ►d. IP7 nt ,dp1i01l, t%./4`CI + BURKE ENGINEERING / • BRIM! BURRE,p IiiY.1 Fa•,CIf1pYi lg"INw . (ONlIN.iM10 CIM ENOINCfR r t} ~ oixrcY,niw Iurlwe-I/N 3cwp .w w ! 6 tr I aHill PF.CFyr'ts8) i ' ' 'r. c .I.f.ww 1 71 t A 1 I: ~I I bl IY! ~ I 1 ~ ~ ' 1C 1.~ 1 r Y ` y0. Y. . DEVELOPAENT STANDARDS 4WINQMM DETAILED PLAN Statement of Intent of Owner ry, w R'" ' " `me omer'e tnt~nt la to de4slon base loLe consistent with the aptaroved _ All - l _ -9 zoned S~-T under the PD. ? z coneVt'r 'Zonlns lots sn 1 YR • a" 9 Zm Statement Indicating Relstion to Denton Development Guidet f"J, y The pronoasd uses are consistent with the Denton Development Guide, I t: 14 Total Number of Acres in Proposed District$ 14 The total Area of the proposed dietriotis 13.630 acres. Land usau and Total Number of Acres in Each Parcel or Tracts `Ic ~k Total Proposed Acreage 1 Single family Detached r2.oG3 52.663 .w ty tr. Single tally Attached (townhouses, cluster, stem) r • Attached Patio/Garden/3ero Lot Line Duplex g~. "Multi-ragily n al Office 'Osigb~*orhood Service i; GOnirll Retail commercial - Light industrial - k. , Heavy Industrial i ,`a °at s ° a: Othet. (specify) y 1 P' d yr' keT'/R 6~ J F 4 , l_ a aR.,6F o. w.a.i•3..... erF1N>•1uYiwNwa.d•.r"'. 4 R~f f~ 17 { 1, .A7 ~~1t 1 't z',Itr` F s Dev4lomont Standards 1 concepb`or.Detailod plaq Fag. 2 Rev lk;r~.ya ` k S: M~1,81t ~or'aa!!ga adjacent of surrounding land diinays~lllties and other exiatln9 or uses, zoning, streets,~' a } lr o•s: ~R. proposed improvements. . {Bhovu on; concept of Qetoiled plan.) ~ w x Ttafffo and Tian sportatlon -indicate Axiatln and ro sod streets I , Perk ; loadia areas, access g P Po king lots, ' points. (Shown on conce pt or • detailed plan.) projected TrafflC Generation. (Based on traffic study, if requlred.) I v y ' AAX " 76 Bulldingsr at xpprotlmale location. (shown'on concept or detailed plhn.) b. "Maxtmpuo heights 11 N as ahown bn the plan W Nlnimuse setbackar (Shown on concept or detailed plan.) h ~NF1~ If s,,;~ Maximun 99084 floor area (square feet) for nonresidential) » 9 ! ~npl i t 1 Y 1 a. 1Cpid.nt3a!'Subdivision r Nwrber 'o! ~,'~~c~ u{~ a• • units Pot acts (density) g 3.0 b. Number and location '3f lOte! (Shown on concept or detailed pian.I ra3IY ~•,~N~nlsslo9,fwldth and depth of 2ots~ (Shown on concopt or detailed plan.) s "z • Ak1is r~ 6 y ,t, ,+fy~r , • t t ^x G" y^}; , d. Ninirur (cunt, side and rear yard retbackst (Shown on connpt or detailed pfanI r , t. , r `w± ~ ' k'#+ q h,`, r•.,i , • 1 whits nn__ *~f~4~` ~ y s z i ti r v t..., F1{. - '.r. t. } 1 R 1 I ~ `1 nl a . ~F . Dwelopmentstandarda ' Concept or Detailed Plan Page .3 9r Mates and•'; lDral449e - approximate location of all existing or Proposed creeks., Ponds, lanai, tlo odplaina, other water retention, or major dralna , and improvements, (Shown on conce t # P or detailed 9a facllltlea Plan.) _ location of 422 major aawer we ! 0. (shown Uttittlon concept or detailed plan.) electrical lines and facilities. Pt or detailed ' •,er•or P2an.I electrical lines and facilities, . Location of treat 1 In diameter - s! 6 Syr, } (Shown on x concept or dotrl2ed feet from ' ground level. Plan L 1e ' ~ ~ AaK 12. Cg:n space . , } . location and site of (Shown on concept or detailed yraanbelta, Parke, common and plan.) recr 6 acres of eations k ! 1 areas, rt t o sed xN 7 { -k k t 130 screenin 9 -location, type and the of all (Shown on co w okapi or detailed fen ces, berme or screenin ' plan. y„h, ) g features. r j S 1y ; r ?`v r , 7, 11 Davalopment se hMu2d (ooneeTt be apbrittad plan) -showing spa..lfic date r data to start conatructlon 'and ~elaliad plan will. devalo complete construction n5;~k4, %ti { Pmant All dale should Indicate month and ' and rata of z ,h Year. -77~7- A tiff l e ADDITIUkAL 1 REQUIREIlLN1'3 a 1"oR A MAILED p ' u 1S, Land LAd "-..aping Plan . ma or laituret and t • , Iandg~ .i is o YP~s of landscaping No overall to be used..,. r needlth i Iandaca . a aoco.dt to the °u individual lots will i i r jr builde be r a lake as h E Donee are cokti lard, i ; r` ~ t , ti . o ~•"fir J I" f TIT. r` Development Standards Concept or Detailed Plan Page 4 <r " w 16, Stgne ;itror~vocation, type and size on detailed plans otherwtee, tlgn3 must •T e~ conlotm toyArtidle'17 of the toning Ordinance. NO eigna. dthss+ than easll builder's airme a v a a ~xis• a,5 { , Ce Dt'JDO4ed fe.}L.a_ - ' Sidewalks. (Shown o ,p n detailed plan.) ~ . As sho . " wa' r,d the plan , ti } 9~.'~ 18• All Inlormatton required for pcellninar Y plat !n eccocdance with Appendix A ti 'r,r (Denton Developrent Code) of the Code o! Ordinances. RI Flat to R~• R uL~` (A **Perot* required.) b Development ScMdule {detallad plan) - indicating Start .nd d'omp construction and the rate Mti..♦~ y c , r of d lotion of avelcp"'er , -r and y~sr. t• All dates Should indicate xonthr f t,p'ya', i Some enrronndin paving and drina * ovam ente have been coted; ti Interior r':b♦'' t~* 1 in~8nd Utilit oone*ruotion on Phaee.A will coon ° as the gist be in as * t fRt d~ and Plana P,rs accepted ti the oit of Denton. ~ t,y~ r " ~I° Bat!: improvamente will be eonstruoted as Soon ae €leotrical' As`{r* tar oompletion ;of the Strieth• praotiC41 follovidg M w~,w % ??+r I 1 - / V. gyp., 1 41 ':.FaV ' 1~n j :J { d Ilk 'r f~ ' S~ f )i/ f d r ffL i r ~q~qi. I F '.y it 4 ! ~ ~ i. +ril g!."taSt k,~lfl: j s'r i~ r . n pM { 1~"Sot K\ t ; j ; 44, 10 ab 01 7/.17 ♦ A i 1 R y', ' r nr'~* , ( 1 V r e +o ~7,11~'~4s' (S 1 .r.w. y,,,.,,,..... _ .-.,""`•.~,,.-w.s.VmewnVw.aure•,m•n.. •.e.,.w. :...-v•,V N ~~~'~V~♦f ~k♦~v n ~ ~ d tV t: nl a'. (~f~ I F V~ ~n *f ° ~'I i ~m3\4t~{ , r M I~ • 'F•~~4. Vii V r 'N 1. ~ 1 f 5 ? STATE OF TEXAS GREENFIELD WOODS SECTION FOUR, PHASE A COUNTY OF DENTON WHEREAS, TEASLEY ROAD SSSOCIATES is the owner of all that certain tract of land situated in the James Coltart Survey Abstract Number 288 and the D. Culp Survey Abstract Number 287 in the City and County of Denton, Texas and being a part of the called 60.9975 acre tract described in the Deed from Dora Lee Reese to +5" Teasley Road Associates recorded In Volume 1541 Pagr 167 of the Real Property + Records of Denton County, Texas as recognized and occupied on the ground$ the ~p subject tract being more particularly described as follows: k BEGINNING for the most Northerly Corner of the tract being described herein at a point in the center line of Grant Parkway, same being the Southwest Corner of :r the DISD FARRIS ROAD ADDITION as shown on the plat thereof recorded in Cabinet F Slide 206 of the Plat Records of Denton County, Texas; aFi , tr~s THENCE South 88 Degrees 57 Minutes AD Seconds East with the South line of the said DISD Tract a distance of 516.93 feet to an iron rod at the Northwest Cornet 7 a, 7~Yr of a celled 1.66 ecre tract described in the Deed from Dora Lee Reese to Irene B. Wilson recorded In Volume 1542 Page 33 of the Deed Records of the said q~x}5a i' county= r' THENCE South 00 Degrees 04 Minutes 24 Seconds Fast with the West line of the said Wilton Tract a distance of 258.21 feet to on iron rod at the Southwest ' ,ar Corner thereofl + THENCE South 88 Degrees 55 Minutes 22 Seconds East with the South line thereof x passing at 246.39 feet an iron rod in a fence in the West line of Farris Road and continuing, in all, a total dlst,_oce of 279. 62 Not to a point in Farris lyypf"{ Road at the Most Southerly Northeast Corner of the herein described tract; r r`, THENCE South along Farris Road and the East line of the ;:aid Culp Survey a' distance of 285.05 feet to an Iron rod set for the Southeast Cotner of the herein desdrlb ed treat] el ire ;yy" THENCL North 88 Degrees 55 Hlnut¢s 22 Seconds West a distance of 335.88 feet to `,F }IFft+.~' an.irjn rod set for an angle point in the South line of the herein described tract THENCE South 72 Degrees 00 Minutes 38 Seconds Westa distance of 105.33 feet to ± a point In the Easterly right-of-way of Deerfield Drive; " f ti,": r' ru THENCE South 10 Degrees 27 Minutes 31 Seconds West creaming said drive a fi Elf '-distance of $0.00 feet to a yotnt in the Westerly right-of-way thereofl . I ` THENCE Northwesterly with the right-of-way of the said street and with the arc «xl,~ ; }I, .of a 'curve having a radius of 225.00 feat and an are length of 80.20 feet (chord ` ` iron."tla,1.d, a;Deating North 29 Degrees 45 Minutes 09 Seconds West a distance of 79.77 rase) to •~r}k+ 'r an from rod set at the end of the said curve; ' a~ + y' 1t ~.li. n , l ~ I k P ~ # a : t "tl~°"~~'xfi ~+wtlN ~ kskl~kill~t'I4r+hYt:v~taEwk, 1 Mf ` f s1 ';i r ' S( Q t .t, ~ , rfl f~ k~~~ rry I ,i~ I ~n aka i4 _ `rl j THENCE North 39 Degrees 57 Minutes 48 Seconds West continuing with the said right-of-way a distance of 12,21 `feet to a iron rod set for a re-entrant corner of the herein described tract; THENCE South 50 Degrees 02 Minutes 12 Seconds West a distance of 141,16 feet to + an Iron rod set at the moat Southerly Southwest Corner of the herein detcribed ' tract in the middle of a 70 foot wide THPA Electrical EASEMENT; THENCE North 40 Degrees 09 Minutes 33 Seconds West with the center line of the said easement a distance of 564,33 feet to a point in the center line of Grant . >y,' Parkway at the most Southerly Corner of Section It Block B. Greenfield Woods (unrecorded at present); r THENCE Northeasterly with the said center line of Grant Parkway with the arc,ot' x a curve having a radius of 314.19 feet, an arc length of 32.33 feet (chord bearing North 54 Degrees 26 Minutes 43Seconds East a distance of 32,33 feet) to the end of the said curve; 4h, THENCE North 51 Degrees 29 Minutes 51 Seconds East continuing with the said s canter line and the Southeast line of the said Section F, Block B a distance of 151.63 feet to a oolnt for the beginning of a curve to the left having of 210.00 feet; a radius M4 P 3• , 01 z+ ~ r THENCE with the are of the said curve an are length of 92.10 feet (chord S'r bearing fiorth 41 Degrees 43 Minutes 3t Seconds East a distance of 41.65 feet) to Jy the PLACE OF BEGINNING and enclosing 9.294 acres of land. NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT) TEASLEY ROAD ASSOCIATES THREE, does hereby adopt this plat designating the x ,y~r 41W herein 'described property as GREENFIELD WOODS ADDITION, SECTION FOWR, PRASE A, x R # ie,tha at y and 'County of Denton, Texas and does hereby dedicate to the public ~,„t'? ='r a,. 'Ufe'tdre4er_th! street rights-of-way and public easements shown hereon. 4 1. 1 7± x f~ nay ,k! 3 TEASLEY ROAD' ASSOCIATES THREE t~f a k r r~ ~ E r41r. , E w . P -1866 r Yd 1. r ^'^wwYYttiytd,~'py Mr~~ r , ~'ry , r r ~r,K h Z r, . x r p ! ly~'..S.rs ~.:S~.on.~. :'145,{ , i. ,i .7 1S''. f ¢ x,, ,=k ,x r J' l GREENFIELD +100DS SECTION FOUR, PHASE B FIELD NOTES to all that certain tract of l-nd situated in the D. Culp Vey Sur Abstract Number 287 in the City and County of Denton, Texas and being apart of the called 60.9975 acre tract described in the Deed from Dora Lee Reese to r Teasley Road Associates recorded in volume 1541 Page 160 of the Real Property Records of Dentoa County, Texas; the subject tract being more particularly a described as follo6s: r` ry'r BEGINNING for the Southeast Corner of the tract being described herein at an iron rod at tae Southeast Corner of the said 60.9975 acre tract at the . intersection of Kings Row and Farris Road; THENCE South 89 Degrees 07 Minutes 05 Seconds West with the South line of the said 60.9975 acre tract and the middle of the said Kings Row a distance of 604.78 feet to the Southwest Corner of the herein described tract; THENCE North 00 Degrees 52 Minutes 55 Seconds Weet a distance of 200.00 feet to a corner in the North line of Harvest Hill Drive; 4rx< .ti 1~ Maa,,^~ ; S<\, THENCE North 89 Degrees 07 Minutes 05 Seconds East with a line parallel with the South line of the said 60.9975 acre tract a dietance of 20.96 feet to a point in 4 70 the center of a 70.0 foot wide TMPA Electric Easement; j ; THENCE North 40 Uegreeo 09 Minutes 33 Seconds West with the center of the said easement a distance of 80.53 feet to the Southwest Corner of Greenfield Woods Section Four, Phase A; r } 61 y, a y~' ~~a1a ,M 1 #a3 THENCE with the South line of the said Phase A the following 6 courses and k LM1 ~ L', distances: ' t~'~ `y4+ d 1) North 50 Degrees 02 Minutes 12 Seconds East a distance of 141.16 } a r r , feet; < 49 t 2) South 39 Degrees 57 Minutes 48 Seconds East a distance of 12.21 feet to the beginning of a curve to the right having a radius of 223,0 } ~~,,l« feet; 3) Along the are of the said curve an are distance of 80.20 feet (chord r , s^, bearing of South 29 Degrees 45 Minutes 09 Seconds East a distance of „ 79.17 feet)] 4 y; P, ) North 70 Degrees 27 Minutes 31 Seconds East a dietenee of 50.00 feet) 5) North 72 Degrees 00 Minutes 38 Seconds East a distaste of 105.35 feet; >t' + b) South 88 Degrees 55 Minutes 22 Seconds East a distance of 335.68 feet to the Southeast Corner of the said Phase A in Farris Road$ THENCE South with the East line of the said 60,9975 acre tract and Lhs middle of Farris. Road a distance of 307.53 feet to the PLACE OF BEGINNING and enelollas 4.338 acres of land, I C t ll 95907dd1 1 ~~JJ rl ,y~ ] 1 ! ~~N y. 1 q 5 r (Rr w s, ii i' Ii~. L w 2-1866 $(r ~ ~ F f ~ - '»+n.nr,yMp"~'~~.}6*RNMtu~wMY.".. ~ 't L If { s 4 ~ n . >S 1 u,l f rr ~r -T'~ a t,.. DATE: 10/20/87 CITY COUNCIL REPORT FORMAT i 4 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager j SUBJECTt APPROVAL OF THE FOLLOWING PRELIMINARY PLATS: x r 'E 1) CURTIS INDUSTRIAL ADDITION, LOT 1. BLOCX A 2) GREENFIELD WOODS ADDITION+ SECTION IVO PRASE A RECOMMENDATION! , n1'++ s The Planning and zoning commission considered these items at its meeting of September 91 1987 and voted to recommend approval of the =r a'' preliminary plats by a vote of 5-0. SUMMARYS L, s r % SACRGROUND: `IM ,tti } PROORAMSi DEPARTMENTS OR GROUPS AFFECTED! 1 r sir 1~T ,r ; I e FISCAL IMPACTi 7 k o f q ;r <; Re fully submitted$ y' aN,ati~ 'r a, a e i turf , ~Y~ , v. ~tle I~ 3 Prepared byi C y Manager ' 13; i Dgelei S iv ~,kF vrben Planner APProved t ~r'~,d err r.~ De 1~id 6111 ton • y~~ lA' N AcLieg bieector for r , +rJ r ~~y ~ Pisn:ling end baveiopmant 4 1 a 26909%9 ' r ~ 1 1 y10. 1 + d ' k 9 I ~ 9 r r J r # ~I r ' wraWwWiwk~i]t+uw~rr.«.-....'... ...+n°rw+wgr:.~rwwMwn+sw+rr+..r,..wlu yrr .++r L 1 t ~ 0. r'~ ' ft fir 1 ~.}t } 21, + r` .5 b6 1 1r~,r ',I a ~ ~ I J ~,i f sB CITY COUNCIL AGENDA y BACK-UP SUMMARY SHEET ° 1 REETING DATE: October 20 r 1987 SUBJECT; APProv?.l of the , F~ Ir ` rY preliminary Additon. Lot 1, ot 1, plat of the ^ F Block A Curtis SUMMARY; This tract is 20.85 acres located aide of East McKinne y Street on the north mately 600 feet West OfMai(fiM oad aPProxi- F~F"rJ development (PD) request forlight land Use is aindustpialned { pending on this property, 'Y1 Water service will be via an evice n provided to the property t and a sting S m in East McKinney Street nnd proposed 8" line along the eastern and line property lines to tie into the existing ;M, in Loop 288, Sewer service will be vided by proposed 8" lines aloe Pro- Street and the north and east Pr 9 past McKinney j tie into the existing line in to erty lines to toetheipiopeble an0' phone servLOO 288 Gasp ice are.availa ble F Drainage t r1 is a grass-lined channeical concern at this site, A off-site must he constructed on ' mission andoeasementatwillobeh. Off-Site per- tle'4 southern half of the required, The , East McKinney Street, property drains south to in a borrow ditch toaaboxgcu st ast cKinne Intersection of the reet East Road, McKinney Street and Mayhill ACTION REQUIRED: Approval of the Preliminary RECOMMENDATION: The Plat, ~ Planning and Zoning , this red t and item em at its meeting Comm of Sisseptioenmber 9, consideere y, to recommend r 1987 a vote of 5-0. approval of this item by rl ' ALTERNATIVE: Approval 4.♦ is l;.a ATTACHMENT: Reduced plat 1 kl ~ { G. 17999 t 1. i;; p 1 {4. Ib r I I1 1+M1' + R n. ~r.'Y . i.9i44W;y,4d f 'T x Lj vier r F":Tanf o ,0 It rrb rw.w~+wlnrl A4., v. n+•Y yr.rsrq•1 t r ~...1 r IIII Ire a JMI. T<tI~ I 0. AN, J, „ n kf ♦ 1 V ♦ 'f ~ . KII i1 ~ !~I >t! A dIJ l 11„x• ~r 5,f' ♦,•1 i l~QJ[r ~.~r r. ' ravaly BSI .P~~~. W:ti~i .RY ` ~.II i. Odai MrJI f r f `L I. +?,",1 #}.Y~fr r 1 . j. K i 4 .t r, n l ' F h r a• 1JI , r L ~ I r 4 r ~ r! l}frAt t T 4 rf.r~l-~~'I,I~.y IA~II` J r~,111 } ~ 5, . pN l ri • i ~t' i J t ^ t « I t '.1~1J~G/ 'Y, l..q,~r/r. i ~ 1 ~ ~ r ;TIIk. ~1 ~ I r az. .y~T. ✓~y.'y,.., ' ~f,~'•Y ~rl/}I~. r t i 1 1 Yy V. 1~~ e•I r , 'IG1 Year 4 L:♦C MvgyN a4pvflaf Ay i. 1 r s. c v r {I ' Ir 1 'Ii ~r 'i 1 ~ irr* . , 1 + a ,•41M~' Y IfY~R,~.1r ? 7 i r ~:T ' ~,r / Y ♦ J 1 i r / ..I ~ ~ A'.r ¢~.'yR~ ~t ,Y~ I I 1 , f ' `ar~ , 'y ° ~ ~ I.r~~.' t' ~ ' y~ 1 a10~.• Y I,, 4 ♦f Y~VA Ni ~ fa f : ~ sQd Y i P r' r° q e4 t t Y y Y '1 I Y 'r 1_.'wIrrrr1~rrI IY Yr/+ ruto+ra1M N 04,18-lb Mrw w Z; ` t.l .eYk 11tt41u ,1y IIrW 1aM. JI4 ANA L,., wnT I IrM N>1• rre. K' T 't t r,r~r It ~w • e1M M >1dLM) M. In Rrrr117 aeN 14M tq Jv%,4l. VON ri41 1111 f}w !M4Mt~~IY.1 M,/ )W w nnK larMt, OW "a n r4.IrSIrM ' 1 Y KS r i i~ C 1 : r y ~M' i 1 k/ YI y1trM p k,rt K aN, w,1Y1 ~rllrler,,. 1 1 y. ~yb Ir W kwwl~ 1n1..r11 df4 YY I.wr.pw 1 V Yr ~w/lw.l/ b. Ay 11. Ywt n Ma,fblYnlll IeLry'~I rr <L 4!t Iw . M1[MI)) , ~'1. 6 r r lk7~rf1e~ 'rM1 k I.Iwltr M4"' 41U Crrrr<Ir G.1'a 1M W~1 i wIT M F!1 el ia4 la ww 1 r L~I~TIS ~ ~~If1L IWa'11 N~ r 1 A'• EI11ky1" vIM. W 6dM nprr 4 U,1W Orr ' WI. 1'} Tn 1 , A y, Yt~/yr r rrlraili K 11.. dl.'an ilrlllril av 4.IntM Wr~W A'~ !Rr 1 wl M Ia~aGaaA -10 u "I"; I!Y1'tli , ' 71 r pOM' IrJU r ~r Garu . - u.+N'4RwIa1 er.tlppww, .I.Y n rI w~u 1M rm1,1 rlu R. Iti rl 1~ J :1 / M '1, 1 r v 11 .,I r'.Ir„ a . dS. JON, Iryt Tlwl'IL1 IM dvnl na, IM a.wra lwrlllt/ . I , # , I ryjl " i T M74~ 16 1MN M 7r,Waa tt M lr m J U ra l al wr a✓ MvIM W Un1,kl. ro. iwRUe,w by lr4. 1Is-. Y I i ~l a .'Rp- I,;A iJ+ T. ` t . t If d,(/I MwaSrigai War ,rHfta, Ir talal;nflalvl. r ! 1'°Y Vry~ e r F M; a Y 1/, r .n . r,W,1, l r 11 'Y.N~b;wlr l`M.Pti hlwtw lrl M Tien .I Cin 14.. ,t J r „ uYasr~: PD LIGHT INDt1SI RIAI 9URk4'MVdEF.F'f y Y T ~I4114 La4'V1 ru ..r/1lwawnA r>nR is tY,r .r. ~Yaul`1 kYykie tmw lcalrlllrivrla+R. MOOT T. 4n url tlw. y IyY,1~yylwl fr.M M1 Yvr IM r.P. w Iae 14. J, uplit IMetRYi NiVa sm . rA V61 CURTI9, ~dD~l$TI{I ~yDDItIVfI • G,Ar ON lal YI MWd thelM lw WP Hr. 'MM{ y" 4YnW y , tSr/11 MEJ.IY tl !`f, .r5~.+lrlli'Ii+.I+W. ~ 1 Y ~ R'~' / 1 PITY 01.6fiN! II . R ~vl ,;74 ,nfi r i~blil"s91~a rY ' , DtNYOx; CbUp1 it>tlti . X r ! .1 • v 1.,,• , Y~,r. '.ia a tA,li .alAa ' 1 ' RE, CIiIYBD AUG 2 1 1981 ~t ; rn rYrMa.,,,.,,....~.~....,.~......~•-..r - ...__...,.«~.r....v...ral.mrlw.l.ur.rcu. aMAWY1YiLi43v Gt1Ria'wv~+rw.._.M... _ - .....___...,p....- t i y 1'r F $p 14 ° . 1 •~.r:F e, ry1 L V i low I 1 l CITY COUNCIL AGENDA ` yM BACK-UP SUMMARY SHEET E. MEETING DATE: October 20, 1987 4r~~` 4u;,sr ! SUBJECT: Approval of Preliminary Plat of the Greenfield Woods Addition, Section 1V9 Phase A y a } SUMMARY: This 9.294 acre tract located at the northwest corner of Farris Road and Kings Row is zoned planned development yTwenty-eight SF-7 i.`~ F,w lots are proposed forpsale and ndevelopment. , i~'~l r~sGt Perimeter street paving improvements will be provided for the Kings Row and Farris Road fro:itages of this property. Six inch water and eight inch sewer lines will provide service to r the development. Drainage will be handled via a grass lined Swale on the northern property line and a temporary drainage easement on a't Y{ ,3 Harvest Hill Drive. Jv;r,ti' x ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission considered I u V 7. CY' this item at its meeting of September 9, 1987 ' and voted to recommend approve] of the r~ preliminary plat by a vote of 560. ' ALTERNATIVE: Approval of the preliminary plat' f~`5i ~J~a~r ATTACHMENT: Reduced plat 5, ~rr b yx d fain OMk ra l ` TT ^I7SS' ~p t~S~l M r.- y o f i k~ ~ NM1M.~VU.Nr.I IWM++Wr.n r .y i,, b r ;Z lyt , y i r ,q x dr r e ~ ,~•f'tl'rr t r ` rr r 4~y nhy. 1 3~ ,':'4 T, t , •Ix.. r ~x x e 4F .T ~^U .fin r.M , 'iY• n. [ , C`~ ~'Ai~%Y: Fyy r h' ^ ! ~ 1. • I` ,I , } I ' .w rw',uw4rl:v"F^~•KMlpN.YMY .w. n.. . _ . _ 11lV•f.rO J.I.. . +r tl: ~ ` C r ryfr I+,+„ i^~-T y .r A J, r fMee1' MI ? C MV { NlI I ~M f A- Ira w - sq, 0. .111`9 t 40 r ` JiJ• tJr rr •...'K41 I~ \ , , ~ / 1 1 I . 11 t • i ~ M r y a,yj `Y_,(h1 y]~ w v Ji /i rr'r'r/r N 1 '`1 ..a i M f f , frJ r \ 1 w \ PRELIMINARY, PLAT OF " N:. GREENFIELD WOODS ve coS C{a..+.r a SECiJ dfItO~UR~P{ASE A • 1.ttt JW{ :tVnt HOMO eOw•r l+ tir•i•. r r ~ OrMJt. , + +S'It of mom. r •',1 tp TEASLEY FWD A5 OOTES ]ff K w w kr. too as e Q 17{ lit I p{k19M 1711 • 7pq Il) k t ~ re ~~er w e..trr.+e ►r{ DA►Ii ) i..Y.,...' . . ~ . BURKE ENONEEMN aiy~nn a , IPtAN IURKC,FC ri y ~ I ' CANSULTWI CWIL C},G+•ICt.t' ~ 'ti! r ~ rX.TOrUr.el 114f l4C s 1+`~°~11 Itrcrjvm) 0VT 0 5 1987 y p la•~M'~~{M~YI~YN.M.M1Yr...114`I+'4 ~ G r ~4I~Jrln.nw..W ~ . M\ qq q / e7, ~77 C 41,5 qq 1 N r I 1' i 17 G~ r' E '4 rE' Y } I 'a S ry.~ y r Y r 1 ' T , / T1Sr r t s - 1 U a 1 ' ~'t r~. 7lE iC ~ + ~ f t I r t' ~ i i.~ fi}~1~5:~~~ " J f ti nE " . ~ r S f y~ Jy~~~y h r 1 I k ^4 1 p i Y i S d1u ~ 1 1"~ ? , ~ I I: R 41 s l y r I` 4 ' i 44 0923L NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE M .'r AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING ,<<a FOR THE EXPENDITURE OF FUNDS THEREFOR; AND. PROVIDING FOR AN ' EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and tb } . " WHEREAS1 l the City/ Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the ubltc works p or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENYON HEREBY ORDAINS: f ,~"rte SECTION I. That the following competitive bids for the const ruct on o DNS public works or improvements,.as described in the t'I "Bid Invitations", "Bid Proposals" or plans and specifications attached hereto are -hereby accepted and approved as being the lowest responsible bids: r HID NUMBER CONTRACTOR AMOUNT Ik C ; 'Illy mu HMTY-M R CDN!;TR[fir=ft :H f i ry 1 Y H nay '4 JAN 1 I1 j t /Y~ r 6. ill .l; t i r / Z~ d 4~5u y r 7 i SECTION II , That the acceptance and approval of the above competitive _ bids shall not constitute a contract between the City and the person submitting the bid for construction of ouch 't J rf. 1 I. yy I A F • f~ JI~.f~ f 1 tl 4 1 public works or improvements herein accepted and approved, until r.- such person shall comply with all requirements specified in the Notice to bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. vz SECTION III. That the City Manager is hereby authorized to execute a necessary written contracts for the performance of rl the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided ;7 I that such contracts are made in accordance with the Notice to ` ,It, Bidders' and Did Proposals and documents relating thereto specifying the terms, conditions, plans and specifications, stgndards, quantities and specified suss contained therein. 4rJ'` SECTION IV. That upon acceptance and approval of the above competitive -Tiias and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in rkf NIV a. the amount as. specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective Immediately upon its passage and approval, ~4y{,T PASSED AND APPROVED this the 20 day of OCTOBER , 1987. E 4 y 11 4 y,, ~ ~!G '{q t "14, RAY t 9 MAYOR CITY OF DENTON, TEXAS I VI, IF w* 4 ATTEST. h rP4 1~<t i' yyyy t I . • t f 4~ ERG 4, 1 f y, y ',i4 , ' 1• "t CITY OD~TON, `TEXAS APPROVED AS TO LEGAL PORT4 s a Iw3'1°C r D88RA ADAMI DRAYOYITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 4~r,iRzr~$1f ~ , ~I ~d '''»~'Fbr k BY I Pt,UUI!! a ~ R~ y f PAGE TWO ~+1, tlk40r"~,I~ r ,..sw~.+r«~w .~w.ne,,......w. .....„w4»4N►'.w:.67F:Niv+/~trrr..r.o.4rt • - ~ ` Y,, M yi ~ r'ti I v r ' N DATE: October 20, 1987 CITY COUNCIL REPORT t~ jO; Mayor and Members cif the City Council j j 'j" FROM: Lloyd V. Harrellio City Manager ' ` BID/ 97x4 BCLIVIM ST lo" %'%MtL1W ' SUBJECT: ? } ' N RECOMMEROJiTION We recommend this bid be awarded to the lowest biC kr meeting ~ epeciticatlon, Hasty Fowler Construction, Inc., in the amount of $35,388.00. `t R SUPMY. "r This bid is to provide a new 10" waterline along Bolivar Street. The < b1d included api roxlmately 1(00' n*. waterline and all associated valves, fittings, 4" 1 ~I excavation and street patching. ' The Pudic Utility Advisory Board has reviewed this bid and is in agreement with Nis recommendation. C Tabulation Sheet i ' ' s 't ° ' r PRA6W11 . OEPMTI*IITS OR CR'• o S M ECT%. , Water Utility 1967/88 Water Utility Bond Funds p t, Account d 623-008-0461-9114 i t b4~, ~ ; r Respect Ily submitted: 4 Jtv ~ k • 1 = Lla Y.'Herrall City Manager 4. in 1 f Nti- Pre Oared bys P ' 1 r • , i, i NaawiT m b. Shawl C.P.M. Titles Assistant Purchasing Agent ' 4p roved i e J'S FS r 1 . Mgarbhall, C.P.M. 1'~f ~fi ~ °,S', ^ ' Purchasln Agent _ • ••«..•~nm.1~rmv+AUW~YW7MaWt`xx~nw+^"' t ~ , T~~~ I t , ~ ~ 1 M ~ ~ ~ .,._.,..,gywepwrnip.wnr~+..,...~ ~..+r.. r. , •t ~r t 1 b,~ a eti• .,v" e, i; a, Ilf,~ r r t t9 r a a p . 4 s , ' I ~ I I I I 1 NI # (41¢4 ! A.E. I DICKERSON I WAY I LOVELL I CALVERT I NASTY I i II1,1Ila HLIVAA IA' VATERLINE I NICKS tCDNSTRUCTIDN ICONSTRUCI100 1 1. ALLISON I WINS 1 fCKER I I pISIIER 4flrlB' P.X. I UTILITY I CO., INC. I CO., INC. 1 CONTRACTORS I CORP. ICONSTAUCTION I I I cWTRACTORs 1 I I INC. I 1 INC. I 3 T-" aa. .::.a. «.a ...._.........-...I-_---__ I.........._..I__•-_-_-_....t............. L.._._•.._...I ..1 1 ) ' GTY I ITEA pESCRiPTION 1 VENOM 1 VENDOR I gNDM I VENDOR I WWII I VENDOR I VENDOR I I.. -I. -I I------------- I -I- t - - Is„ ~ I I I I I i 1 a E. 1. 1 Ski* 11 11' IUENLINE I iflow.ST 1 61,383.!1 1 74,575.11 I 11,383.!2 I 111I73.N I 55,31B.N I l ' 1 1 I I 1 I I 1 . ' ' y ^ II11 IONS IKII*I I YES 1 YES I YES I YES I YES I YES I t ^ I ! I I 1 I 1.^ :1 I ~ t 1 I I I 1 ' ~tl~ I,t. Irt~ I 3 I I ! ~~•fppxd I,~: , I I I I I I T I t•~1' { ♦ 1 1 1 1f ~+~~~~1' Y,s F' 1 :I 1 11 I 1 I t 1 v }I y{ I I I I 1 1 t I ~ r h i S 1 J a Y y`' ' . +,IwwwwY.rM-".'.'. _.r lr 1 F ~ M1 Y r4 R~ r •flvrwh °~'~,~y,,7m~, 'k;91 "F~1' d , ,•f ^ ~ der ~ it , _sJ r y 1 . , .1 ~ ,}.Y. ~ ~ ' :~1 ~ 1 vj~yt 1 .t a~~ r S ~Yd t1 1 ' 1 , ~ ~ J 'v F , ~ r Pk~ • 1 ? 1r ' ,1 r ~ ~ y .b Ft r l r ~r ° 'K i t Y^ n 1 ~~`b ~1 • w V~ 1 T d A ~F 1 .t r ~ ~ F r i t ~ J 11 a F y. aY4' I~Q ~.~j~Y9/A+ y It ~t'~~^NI r~1 '1" s r ~i' F rr r.4} Yn I qq~lf ~ 'i yy'{- i11;. ~71~l5w i ~ le ~ ~1 • 4 i. f~jti1 1~ r~~~ ' ~ 1 v Tai t i p• rq, i ~ 7~~ by ~ . tn: 1~ ~ } u1 P ~~1 e T r 1 i" , r 9 , ' v 8 p ~~~~/'Y 1 ~ a r~ :a° •F ~I~ ~7 l~+l" ~ f i~ d O&ober 20, 1987 y+ti ~ 1 Cl f Y COUrICIL AGEI JDA ITEM gyp, r `x'; TOt MAYOR AND MEMBERS OF THE CITY COUNCIL r, V~ `?k' FROMr Lloyd Merrell, City Manager SUBJECT, CONSIDER DID OPENING?, 097840 1987 CIP BOLIVAR STREET 10" WATER LINE. jt~ eR ,tiRECOMMENDATIONt The Public Utilities Board, at their meeting of October 5, 1987, recommended to the City Council the award of the lowest qualifiel bid of r Hasty Fowler Cone.; uctlo,i In the amount of $55,388. f ji ^ 't i l r SUMMARYs Bidd were opened September 17, 19870 end the results are as follower , 1r. H9ety Fowler Construction, San Angelo, Tx $55,383.00 b Dickerson Construction C. Celina Tx 600383.00 M.E. Hicks Utility Contractors, Plano, Tx 3A,057,87 r Lowell B. Allison Contractors, Ft Worth, Tx 70,363.62 Celvcrt Paving Corp., Denton, Tx 71,071.00 Murray ConatGiction Co., Lewisville, Tx 74,575.40 ~ a i 9 k ~ r p C 2 BACKGROUNDs l k Y~ M° „r, This is un approvtd 1987 CIP project. In conjunction with the street w yw~~,;y y k.3? overlay program, proximately 1,000 L.F. of 4 water llne will be replaced with I,0001.9. of 10" water line from University Drive north to d Rees Street. The Public Works Department will overlay the street from I Northridge to Untverolty Drive after the water line construction. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDt € I '1 1 -4' ? pa City of Denton,, Denton Municipal Utilities, the contractor, and the citizens of Denton. x FISCAL IMPAUTt I t r r{? Fiscal 1481 CIP budgeted amount $200,000,00 (Under replace water line street program) ti '~y'pe~~r^~.~s Requestad owerd of bid 550.188.00 Source of Ftlf-Ast Water Bonds 623-008-0461.9114 4 n ~ _ .mr~.c+M twR1e4AY101 r+,Nc1~fiLY.r..vfrRP;,Nf9.`~IkaYrm 5 bfA Y ' 4 1 n 11V 4 i ,r f~ y y o~ 4 ' 6 s .r 7 ~ ~ r,~ ~1 r y~ ~Ir f V f. Re ectfully submitted, ZI ry ; ' oyd .+rrell, fty Haget 3" 4 ~ 7 u~ z. Prepared byt ~ r7' ~ .V 1 ~ ~ X41 , ~ I ll , ' y i~1 Ir , 4"l ~ ti r 's 46' 4hr+n rDavid am, Dire tot Water/Wattewetar Ut ties ' Or K'~k p,~ J Fr 1411 L~CYA ~r A~Vj 4 S , ,4`~1 F f APPROVED By, 'A~"f ~IY 5 Y4 ` Ro E, Nelsotti Executive Director Departmont of Utilities i~r, wte Exhibit 1 Location Map 11 Bid'7abulation r , ![I Minutait PUB Meeting of 10/5/87 61 ell i E JJ' S'4vtlr ~.~lf ~ TMI' or T 10 4 sF x r xy L rx~xt l l5 S r'~~ 1 e ' r + rye 4 a ' 5089Utbdc7 ♦ i sat "f F r~~ Z A 4 9~ Fp A r ~ A tiaM..wy!ww, I~ .v,~rrr.~YrJ1►¢~l'141VIR'Y'f~!Mw ~ +f e ~ , wywn Q r 'Fr r'~^ 1 L'fA k ,t x>.. s r i ~ t F rV ly ~~.~~'~k.~x 1}✓~ ' ~y~~ ~ C y i 1 n s E y n' Y }r r ar'. 1;. v•rf :7y t.. t + EXHIBIT I it r~~..` \'l r, L ' `I . I t ' PROJECT J LOCATION • 1 A 1,~ y~ I ~ ~ 1 'AhL a - I • 1 y •'Rr . k.WV t t+ ) i, ~~A11~ ` 'i. Tim , Yom' `W, ^f ~ ~A:7@~' •~rlw I) ~f ~rr"~'t-. ~ fi 1K ~`a Ipril~ ST * v ~'cT ~,h I • ~ ~ ~ f ~L . t!np ~1 eft + a7 fd~' rt r 9 ~ 1 rl±:. ~S n,,. - k t • l .IWIh(.` •y° ~ -•.~L 1r. .2. r~ ri' ~ ' i far w1. e,'r, i L 1r11r~.~ ¢.•~'YIC :A*-- i Waft. arrlYe i 1=1' '1 C V ' JL J f I l i -'oft am Ao- jai, ,t' ,,w c. , ru....r4 e. W_ YP ~^~LJ ~ ,•I r '4y~r°~I, ..I•l.i..~1j" . ~..JL. Jt..J4al~ O } J 'il3` ; A+' K'i} d ! 1l~..._LLY~~ LJOC~t1~ 1 .F.N r r• VOW elm r- ~rl~ls : , , s t iM .~,il r., , ~ i ~;.CJ!'~.•. ~ * L.~J(j•`~~WJt4..~LJ iI 1 I ":1. ' ak + l yry i ~ y., .'aYae'iL • r• ~ L. _ ,4 r~': Irk lf~ I~`~^ I~ ~ w ~ItlW L `~I~ Y : I '~.-+~i '~r•~ ~ ' LN%L L ON aY , ~ T' , w { a _"..n".,'""I^rp~yW+latewr.,.nr•.~.--.:~ z...~•,....._ , ~StC { s ,7 c t r { ' e s r ~ J ; j- f ~ a~ .A r ai r w ak. EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD MEETING October 5, 1967 Hem presented the following information: Bids were opened September 17, 1987, and the results are as followsi Hasty Fowler Construction, Son Angelo, Tx $55,388,00 4 4 'I Dickerson Construction Co., Celina, Tx 60,383,00 M.E. Hicks Utility Contract,, Plano, Tx 68,057.87 t: Lowell B. Allison Contractors, Ft Worth, Tx 70r363.62 Calvert Paving Corp., Denton, Tx 71,075,00 P* ° . Murray Construction Co., Lewlsville, Tx 74,575.40 This Is an approved 1987 CIP project. In conjunction with the street overlay program, approximately 1,000 L.F, of 4" water line will be replaced with 11000 L.F. of 10" water line from University Drive north to Clow Street. The Public Works Department will overlay the street from Northridge to University Drive after the water line conetructlon. trj Fiscal 1987 CIP budgeted amount $2000000 (Under replace water line street program) Requested award of bid $55,388 rdG1rY" Source of Fundsi Water Bonds 623-008-0461-9114 lC F After some discussion, LaForte made a motion to recommend to the City Council approval of the bid of $55,398 of Hasty Fowler Construction Company of San Angelo, Texas for subject water line. Second by Chew, i~ l ! ell ayes, no neye% motion carried. r I A ~i I I F y J. r ~q ~ tl ~y~ ,rte, w,w y +nl v i' a , l,, ! r ~ ,r + rt a 71.,E ~ 1 b , f : ,'Y(i i + ~ y . . W.... r,wry. ~.Mr*+•i+w..+aw+ti~4W.idlYdd~~" .........s. •~r `r 4 A i3 n 3~ y . art Iy ,yl I SJ+ W I,i~ r r ,,l Nf, 3~,a~:S 1 ( f 1.f "r; I r J ~ r ~ -tv ! ~'ytl ;k 0923E CD•U~ r NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY . ~Y PURCHAS3S OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN OF PROVISIONS COMOF STATE LAW PETITIVE BIDS; fi AND EXEMPTING WITH FROM REQTHE UIREMENTS FOR AN EFFECTIVE DATE. , I, r . r i S c WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $10,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citi:ers, or serve the property of the city, or it is necessary to to A pre of the Sit , or in case 3`kk }.;`:pry protect the public health of the citizens Y 1 of unforeseen damage to public property, machinery or equipment; ' NOW, THfiRBPORE, ' SF~ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 4s h SECTION I. That the City Council hereby determines that there s a pu ie calamity that makes it necessary to act at once , or i. to appropriate money to relieve the necessity of the citizens, to reserve the property of the city, or to protect the puic pp health of the citizens of the city, or to pprovide for unforseen machinery or equipment, and by reason damage to public property, thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase M Orders" attached hereto, are hereby approved: y r PnCHAS E WER NUMBER VENDOR AM~OUN.T_ !1014 PEDUS SERVICES, INC. ,109.17 HEMI.ETT PACKARD. CO. 61019 ~ 14,4r !4_ 00 1 } J Y 4 v ~ ' 1 I > } a r. _ us, 'N I SECTION 11. That because of such emergency, the City Manager or es C~:+ employee is hereby authorised to purchase the materI&Is, equipment, supplies or services as described in the i ~7 i d 1. r t ,n , ~ I ~ `ny . Y' I A n ' ykf~.y1° ti 11, • I' L I 1 1 x.r rr, r i?1 L 1 I I't r r, 4 attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisionz of state law exempting such purchases by the City frog the requirements of competitive bids. SECTION III. That this ordinance shall become effective imme aai`fely upon its passage and approval. 1987, j PASSED AND APPROVED this the 20 day of OCTOBER 1 rl 41 P` 11 I!, ` fx ~r l 1 j' 1 'ti CITY OF DflNTON, TEXAS 41 rr l w r V 14 R]f M AlTdST . I 1 .11r r ~ r ,I y~~ +r }~b 4.d lg l +<1 Syr 1 Ski i X: JENNIFER 1r SECRETARY ` CITY'OP DTNTONO TEXAS j i, 4 APPR}~OVED AS '!0 LEGAL FOAMt DSBA ADAMI,DRAYOVITCH, CITY ATTORNEY r~1 41 rx' CITY dA DSNTOHj' TEXAS a n BY I' r sua~ xl,R r, I ! 1 r:~*~''rMr ~ ~ , W I Y 1~`!~ YYYfffd^ b' ~ f LI 1~1 1. 1 ~1 v PAGE TWO, al e+y~k,rl~p~IraY3'q ~ , ~f 7~ aa' r i + L~ ~ ~'r. ..i+rlw.~MW.YMWY'a^^"^^ n ti r 1 L r 4.Ar r r y dd L r ~ X ! r' P4 tl i~5 , l L' t_tl~ MY y,~ ~ ee a ~{?~s. Z ~J ~rl 1 ~ ~i ~ °rl` Ir I I~ 'LA A t f~ p i p 1 4 'z 1 7 1 a}p ~y~ r~r` ~.u +J. i l d,. I u ~ r ' 1 y ~ 4 ~ L^ fir' r ~r I p,v i'~• ti I L 'I 1 t tl' r A 1 f. ly DATE: October 20, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council 1r FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER # 81C3 ` PEDUS SERVICES, INC. , RECQlf0QATI0N: We recommend this bid be extended for one year from Its expiration r date of September 30, 1987 through September 30, 1988. TT.ls Is for the janitorial servlces for the City of Denton. As per the provisions of the bid proposal the contract Is subject to a , { <5 4, one year extension under the same terms, conditions, price, etc., when agreeable with both` parties. Therefore, under these conditions, we are requesting approval of this con(, act extension. a Y of iYy' 1 . . Purchase Order. Contract f a, f :psi:. j DEPARTFEIITS OR CROUPS AFFECTED: All City Departments using the janitorial service. l s ' ' ; lit»? f15CAl l ACtt Budgeted General Fund Contract Expenses -n Account p 100-032-0002-8342 r f' YT{~,, Respectfully submitted: r. ell. oy . lurra 1 ~ 'r,'.. Git Ma;agar 4 ~4, r d~', a + Yllilli I FrepAwd by: Johe'J; Marshall, C.P.M.ti !~£ka,,~N,~~ r *m*iI Purchasing Agent rr^' r #m!: John J. Marshall, C.P.M. °~~Y,`,~J ,3~ ~~k~~s. p~~rrha~O.G.~P,t,O~.. ...,«u,,dYtpC •~i ~tq J R y + 4 r+ r 1 ri {~„ifil~ A t 4 it f i f 1t~4 f t ' 'r 1 11'X~~il' ~ 1" r ,C " ~ r i • f ' E , 1 71 R CITY OF DENTON, TEXAS DENTON,TXIETO+ 001-STWS STREET PURCHASE ORDER P. O. NUMBER DA3r/j%NO. S04 DOCUMENT 5 81014 pgp49000, y CITY 6PNUENTONr PR~OU~8UILOINa SERVO 'NC* pAHKA 6 RECREATION 10329 OLYMPIC DRIVE 321 E. 14CK2NNEY STREET sQ OAtLASsTX 75220; DENTONr TX 76201 * ' r 1 SID No, UNE AMIOUN UNITSNUMSER DESCRIPTION y„ ' " ITMg1 AOCOUNTNUMSER 309~17A~00 1 CONtRACTT1,ATTACNEO 810s96s4 ' LOT r 0!,;104 :032 0002 A302 ON 1601032 0002 1 ~3, ^ PKrr9 bi 't j7 vy l1 A y, t r i ~r Y Q i ~ r'. s'~ ~ ~ ~ r i n f~ ~l M(t ifrfl, ii 1' it i•~I i ~a b a 1 r r i L i / Y l ~ t 1 r f } 109~avil as Q , .Hoop Sfll Na 20. Ye rAt_frog .~Op. t, , M1Q1 r + ~IN Olt Of Drhla4 you I$ tax 6% ~v i a t ' yr N oA oil V4 Smwmtb red'"Oll. uMbk 1,e "fi ? r k* • W f~ (1 S. blty 61 Da+ton, Of w ledl0olsd. BY 1 f ~ t - ~ Dkio1 h+4ukiN + h.fI. a F. . M~ura►u+na AoMt a"'1 r F' S«+~ Ii±wfeK ?a I +ti ~ ~•i K k{ O~h► Of ri+n+on; ~ rt t JoTOMhn J0. okwo . M.r.o,'. wtl Aft; wire% 11!1!!4-!111 WfrW i~Nl ~ 11i L 140 N4nAiy 1+« OA t`,;°' ' , ` ~'r . (dr IM indleirt4d Puroha~ c'1rdM i , + unl 1m 1 . tY A ~ ` ~ , ~ TfN Olty of DMton U en pwl ""d ~ d My y'1 ~ ry '~ua~y Ft ~y ~R T 2 1 1 A P I C ~ ~T 1 tr 1 Y I 1 M r i 1 • y "r, Q far;! d ~ L r Y in 1 ! ~ f~ ~ r~ ~ _I y r a. y ,fir t . i ~ W I yrr ~1'C<d i r , 'fr 1 " 4°. CONTRACT AGREEMENT STATE OF TEXAS CO4NTY OF DENTON THIS AGREEMENT, made and entered into this 9 day of OCTOBER r - A.D., 1986 , by and between THE CITY OF DENTON 901-8 TEXAS ST. - 3, DENTON, TEXAS 76201 of the County of DENTON and State of Texas, acting through LLOYD Y. HARRELL, CITY MANAGER thereunto duly authorized so to do, i Party of the First Part,' hereinafter termed the OWNER, and PEOUS BUILDING SERVICES, INC. 10524 OLYMPIC DRIVE DALLAS, TEXAS 75220 4>~r y,;, e 'rsa (214) 350-6895 t'ry' 1a r " ~'I of the city of DALLAS County DALLAS of and state of TEXAS , Party of the Second Pert, hereinafter termed CONTRACTOR. WITNESSETH% -That for and in consideration of the payments and 1 ,'~r~r~•, agreements hereinafter mentioned, to be made and performed by the Party of the r first part (OWNER), slid under the conditions expressed in the bonds bearing even. date herewith, the said Party of the Second Part (CONTRACTOR) 1+areby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follower 816 9654 i NIT a1 I Q RVI -fS FOR TH FISCAL Y 819,86- 7 _41';?Sz2a for 1109,116.00 and all extra work in connection tberewith, under the terms as stated in the General Conditions of the agreement{ and at his (or their) own proper cost and expense to furnish all materiaia, supplies, machinery, equipment, toola, r superintendence, labor$ inauranee, and other accessories and services necessary to complete the said construction, in accordance with the conditions atid,pricea stated in the Proposal attached herato, and in accordance vith all the daniral Conditions of the AdrNment, the Special Conditions, t4d Notice to 4 Bidder; (Advertisement for Bids), Instructions to Bidders, and the Performance snd Paymede Bonds, all attached hereto, and in accordance with the piano, which I'Addes all me a, plats, blueprints, and other drawings and printed or t! r~Ir~ ~ ~~{~rl j ~ ur CA-1 0044b r r } 1 TEXAS and the 5pecifica= ions therefore,- tree explanatoryy matter thereof wsi THE CiTY OF DENTONI prepared by , of nee and made a part hereof and collectively evide which are all c no at tuta~the entice contract. agreed to commence work on or after the date rhe.CONTRACTOR hereby subject to . established for thetast of work as net forth isitten notice to commence work within the time stated !a the Special cork and Conditions. i C6m►~lets oil the General b such extensions of tine as are provided by rasa co pay the CONTRACTOR in current funds the pricsuch ILI The OWNER a; roposal, which forms a part of this contract, prices shown in the P, g cial Conditions of the Contract. to to he subject to the General 3nd pa Payson Presents have executed this the parties of these pre kII, IN WITNESS 41NEAE0P, first above Written. y,{' r etreeoant id the year and dal G 1, r 1 } A EST1 ~yw" a THE CITY OF DENTON TEXAS 01, "r= arty o e sat rt, • ~ i GER w r ; a RELL w LLOYD Y , CITY IA 9' (SEAL) r-k { q n p ~ ATTEST1 k.a R PEDUS BUILDIH6 SERY S, 3 o rte CON RA Party a t a ` r BY a iv! on Manager j'~#~ yid 1 a rl , SUL) y {k~ ~V"t A~PSO}~ AS To rout t Y tOr41 _ rr. r F C .2 'r . M `S f 1,ta O044b 4 f `f 4 " y) w t, I ~ 7? r 1 . for a i r k rt r 1 p y `M `S 6 =r f 5 . r il'ai~ '1 1 r 1 t h' ' 3 7r tai p 7 '.T f . kI = 14 `il i BM 4MBER 9654 BID PROPOSALS Page 1 of 19 oesetumoN QUAN.. FAICt AMOUNT ti FACILITY PRICE EACH ITEM BELOW SEPARATELY & LIST HERE City Hall, 215 E. McKinney (minimum number of hours per week (60). (Monday, Tuesday, t''ednesday, 12 mo. 3,098.2 37,179: Thursday, Sunday) Police Center, 231 M. Elm (minimum number of hours V per,week (56). {Monday, Tuesday; Wednesday, 12 mo. 1,491.0 17,892: Thursday, Friday, 3aturda!f, Sunday} nersonnol/Data Processin7 Center, 324 E. McKinney (minimum number of hours por week (16). 12 mo. 355. 0 4,260: (Monday, Tuesday, t'lednesda•+, Thursday, Friday) Service Center, 901 Texas Street (minimum number of a ' hours per week (43). (11onday, Tuaada!P, Wednesday 12 mo. 1498.0 13,17b. ~a Thursday, Friday) Vehicle Maintenance Center, 804 Texas Street (miniI number of hours per week (3.5) . 12 mo. 85.4 1,020. (Monday, Tuesday, Wednesday, Thursday, Friday) r,. Viuual Arts Center, Bell & Hickory Avenue (minimun number of hours per week (22). (ilonday, Tuesday, 12 mo. 654.4 7,848. %lednesday, Thursday, Friday) Civio Center (day time) , 321 E. McKinney (minimum number of hours per week (24). (11onday, Tuesday, 12 Mo. 827.0 9, 924. lfednesdav# Thu;ldayt Friday, Sundav) Senior Center (day timer 509 Bell (minimum of ; . (l:ondaY, Tuesday, tledne:day hours per week (18) P 12 mo. 347.0 4,164. r ' f Thursdav, Friday, Sunday) Dania Recreation Center (day time), 1001 Parvin (minitr+,.:rs number of hours per week (24). 12 mo. 647.0 7,764. +w, (lfondsg, Tuesday, t?ednosday, Thursday, Friday, PorthnLake• Recreation Center (day time), 2001 14. ` 11indsor (minimum number of hours nor week (16). 12 mo. 432.0 5,184. Olondgv, TuesdaV, Wednesdays Thursday, Sunday) irnc~ine64Inq/Traffic Control (minimur3 number of hour " »or a►eor< (3.41. (Monday, Tuesda~► t;adneada!r 12 mo. 63.7 765. Thursda! , Friday) ' , Paper goods- (toilet paper, seat dispenser paper, naner towels) 12 na. 1,214.0 14,669. R3 w ~ i c TOTALS 12 mo. 10,312,0 123,745. 1 f h Qusn the ebew f.ob. Donom Tout lhignant an be fade !n davit from naipt of order. Tenn nee Miss othewrlet lndlceted. i'e, ;Tr aVx y' n tubntktlip t!M ibere W. the vender wens that acoomAa of 1ny or ill bid items by the City of Domon, Texu within i a+enM+le WkW of dnle CenNIttM 1 oontreet. 10529 OLYMPIC DRIVE PEDUS BUILDING SERVICES, INC. sit Mrd" A I , aNen rr DALLAS, TEXAS 75220 aro ease me rr e e reemitaimwn DIVISION NARAGER ~tly~k.l_r,A _ . . ~ 4'11 u~.++w+-- . ...,_.o- . _ ......x~.-°--.•.__. ..............+ryw ^~A4MM ,•ilpy+A+~'dtw~K~"...- ' { k f A T r HtD~.MMER 9454 BID PROPOSALS. p:la! 2 of 19 I 0690111TI0N CUAN. MiC! AMOUNT TOTAL ANIMAL BID 1 56 Bid Bond or Certified Check in the amount of 61187.25 enclosed. ROTE: This contract will run from date of award 'y,6is through September 30, 1987, with a one (1) year extension under the same terms, conditions, price, etc., if agreeable with both parties. P'or:on site inspection of facilities, contact ' truce Henington, Civic Center (817) 566-8270, to f h "ke an appointment. ; l 5 l; & r 5~~ ru d V 1~, rl1 "4we.~.J, F x + y1 "/~Jj , Fi ° l d l'1 I ~ 1 l M j } q TiYTALS I,. VA tho above f.ob. bnr . taw, ON~ 4M be nwdo In dro from raodpt of ordor, Tom$ nol , 7,~r !n itti 4 tM AbOw bid, tM vendor Wm Mot sonomm of any or all bW item by ft City of Denton, T*xx within a y ? ~ ouloefdf 'k 1 r41 } _ n w J,, ` tAd90 AI ~f nIC nfFI4 ; PENA 9L1fLnINd S M9S. INC. f • , w MM"" AMltll lUMf ~ 4 4p t~ti e ;Y DALLAS, TEXAS 76220 , t. I t'` -;r~ ! ~Y qty lYlf t1r I IIMNMinI I 1 x'31 2U•350-6896' DIVISION MANAGER r 5n7~l +v. "9, !Ma/Iwa f1fN i ~e U r" ~~'„I 1. t r rM1 r l » 1y f 'P' 4 1 1 ` {i y 1r i ~ ,3 r Y•, 1~ I .r. L. y zr > r S ---r- s NMI f SID NUMBER 9654 BID PROPOSALS Page 2A of 19 The awarded contractor will comply to the following requirements. The contractor will provider 1) A list of employees (by name) who will work at the City of Denton. 2) Beside each name, list their auto Insurance company if they will be i using their autos to transport City paper goods, equipment, or other equipment on y property, public streets, and roadways. ' 3) A list of superv!.eors' names, telephone numbers. T. '4) A nightly supervisor's report to the operation superintendent each day. 5) A weekly, monthly, quarterly, and annual job assignment schedule before beginning the contract. Schedule form will be provided by the City. ; 6) , A list of employees +rho will have keys/cards for entering buildings and 11, - f, ir~r r for what buildings., Y•! The' contractor should be aware that if the City chooses to provide paper goods, the goods will be delivered to one central location (the Civic Canter). ! „r The contractor can check out paper ~ locbtiori~ The City will be goods as needed each day from that one Y responsible for stbcking only that one location. N rz r4~+'~~ t) The cclttractor should be aware that the quality of cleaning will be evaluated , r'h, (it,least monthly) by several City employees. This evaluation will be sent to the c6ntiraoti4r and a City director through the Operations Division. fine.dontractor will totally maintain any city floor scrub machine if he or are ` Y' j; she' chooso* to use that particular machine. F 'The contractor shall insure that daytime staff and supervisors can speak, read; and write fluent english. ,r r!l ie• i 1 We ducts tM above f.o.b. Denton, Tom". 8h1pmant fan bt made In days from roaNpt of order. Tarmo nat vice t •~,4~' OlhMwtM ind#aatad. M ~UDm f4 UN o0ow bid, tM v04W Or" thot oogplonco of my of all bid It•md by 1140 Cl ty of t~nton, Toxu wllAin a 7 V " NaWailflabl! peAod of tin* 0048thlaa a Contriet, 4 Y ; r l:. 10529 OLYMPIC DRIVE PEDUS BUILDING SERI'ICES, INC. - W" AMMU -IAS~ -TE1fAC 74220 u ( rr W AO, a+} 214450.6896 DIVISION MANAGER' TMiOM" Tft N~ f~)S. If~T r~f •t ~"~'pb'w"q....F - rwWiYiWM,I TeM.w~ J~ }t ? y, i✓ a 5' •r ~*rt~4OY.3 r. , A.. r• ~ti F rSy r X c f, x / , DATE: October 20, 1987 e` r CITY COUNCIL REPORT ` ryM TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager +fi SUBJECT: PURCHASE, ORDER 0 31019 HEWLETC-PACKARO CO. RECpt#WTION: We recommend this purchase order to Hewlett-Packard Co. be t + appro`-`w -~aT4,484.00 for the continued maintenance of the computer hardware used , .a S> by the Electric Utility. f This equipment is referred to by the Electric Utilities as the System and Is used in the control of the electric production and transmission. tf , 'this`contraCt/purchase order is for the continuation of the hardware maintenance for E. the next fiseal year through September 1988. I + r t,iFar Purchase Order • Maintenance Contract fY~ ` ~MIIwYM1i~ KPAX1S (A M FS AFnCTEDi -F r Electric Production and Distribution and the Utility Customers 1,'; ~ ` FISCAL IMi'AC1t Utility Account ,0 610-030-0253-9343 There Is no ti"ct on the General Fund. y;, Reapnctfutly submitted: fk r e~ Rv City Hager y < Pre arld b P Y r9a`",;y+~ q`' s ' Marshall, C.P.M. (Jhl4lei Puichasing Agent Approvsdl v~e ~ryx•~, I A. rmr~ ~ « a r b , * f r Joht► Marshali0 C.P.M. Purci ,asin Aunt d` late:.~ #y, a .w r.».:..,..,........-................ '~rtBAfil#~ra+14~" NgwN , % i ~ • , I s x ^ 1. , 4 1 r CITY OF DENTON, TEXAS 001-8 TEXAS STREET PURCHASE ORDER DENTON,TX70201 P.O.NUMBER DATEdVENDO 81019 1 /G0 2/8fIO. 922 DOCUMENT r' HEW54001 VENDOR' HEWLETT-PACKARD CO• 8H1~~0 HEWLETT-PACKARD CITY OF NTON• RAY WELLS J ATTNt DONNA BRYANT' CENTRAL RECEIVING ,w Poo* SOX 152030, 901 TEXAS ST• ( f!' tr IRVING•TX 75015-9990: DENTON• 7X 76201 i ITEM Q• n6~ s a .i ''il, r r I ~k1 a ~r Af`.OOUNTNUMBER UNITSNUMSER DESCRIPTION 81DN0.. IANI AMOUR y9s°~'„' 01 8101460!:0263 83,43 SERVICQ/MAINT•CONTRACT HEWLETT + s, ' k 09 e1 0.080•:0251 8343 l4.484r00• PACKARO EQUIPoASSOCIATED WITH 4 r `'til^;``.s 03 6I0C0alO1;0253 6343 S•C•A•D.A• FROM 10/1/87. THRU ( r 3; 64 310'0001,0253 8343 9-30-88 FORY 1987-88 FYS 4 41 l 171 4rFr ~ ` ,`y 1 i 1 l f ~ < i S ( {y ' 1 r 1yY•. ~ 414i i r>~ 11 r.• ~'+xb t J~ F, 4 fF Y~ 1 ~~♦Ir r ~ S 1 y ^r ` fi 3q k Y l Y,; Fk4'1 t ~fJ 1}f } 1 -01~~~ , ' L 14 ~ J1•, i a ray TfN Oily of Clontoq Taocao N 4x oxoMpt-Ilbuas Bill No. 20. To ~aR P.o. 14.464.ob~ 4 s > MkfflAeo P.O. NW" on all Alt •hlpmerh w 10"w o Wl~: !l Ottr of Donton, Of u Indloolid. y 'y -7=1 wwelei. YdC of Dwok Aooounh tMyobfo John J. MueMll, Q p f MI1np Aponl ii A1' 2!0. r. IIoWnMy Afy OMfon, rx 1x101 ,;'t~;,; ~ ~ ; . ' , ~lo♦ Iii Indleahd dri twrohaN torn 0. ahiw, a p. !A, AaE. PrroAMinp AlyMi) • . ~ ' : 8171110-011 DIM Mow go-wo of Don! N01ty on to an equal opWunllyompfoyor Y ~•Yl 'IiII ...'j , ? •^^'WMrM[WJMa .tw...,.,. w1.vMµ. MA Vw,r.a...r-w.••.w . .r ~ r { a- ' , r.F t` rt~{ii r % i A • • f HEWLETT e'. hJM PACKARO RECEIVED P,LG 2 7 19x7 August 14, 1987 Purchasing Agent City, of Denton Accunts )payable ' vr, 3c 90t-B Texas 8t Oent'on p TX 76201 4 SSHe t' o ~e )11 be z ~ Refi Your Purchase Order #950"NEw Dior Purchasing Agents Actirdinq to our records, your purchase order for hardware ♦upporrt will expire on September 30, 1967. Hewlett Packard is pleased to y Wo ,a quotation for hardware support for the coming year. ,Prices quoted are firm only for ninety (90) days from the date of this letter. Any applicable sales tax will be added to your invoice. To claim an okemptionp a copy of your Exemption Certificate is rpquiradoo To SKplaMeht.the agreementr a purchase order or other written r;A*k^+, author•ixation is required and should reference control number r~ 43194'Mc'i-aAsWe suggest that you modify your order to an open one a ` °Oich doss'got contain and dates or other limitations. If you are unabli'td''do this, please extend your present order or issue a new onto. y i'kt please note that by filling in the spaces provided below and rsturniriq. .two°~ 'this letter to oil you will authorise us to automatically extend ynrr• F r,t u~+:hati to end datto to EVERGREEN] thus eliminating the pogsibilify of lapel in'cowioe. We look" f6rward to continuing support service on your 4lowlett Packard j iiquipmflnj Please contact Lori. Rutelonis at 214/6'30-994'1 it you haul °any 4ue3tlon°s 4"ordinq this quotation. y " k.. t't g ! 7 .'r lr 1 } HEM OT~ PACKARU'COMPANY N hr►son bi's •rict;,9eruica, Manager rCan uter ~yeteme MYMY_V _„Yr r 1461 D CUSTOMER SIGNATURE DATE c .ry 1s • (~,dt ~~Y~~ ~ /J /M{//I c~ y //)(a/IVY b / Iy/ ~Y 1 iY* 7i 1 ,;r rr,Yw'!_r+W rVi~~fi~✓./~1` Y.lr ~1',.,~i.~SFGS~.n~~.(J4~,w 4 i rrder NANE - TITLE air .fi tneIasures' y j to {y,.r ..~_..•-•......Yr,ravgY.Fr'F~NA~'~IMM.~....,...... ,1. Aty♦ t a 'i. ~f } l.'~ , I 1' r k~ r' 4M. J i to . 1 v .r ~ f s r v ^ r 1 I 1 ~r Sia~waTrw .u L i. d ' CUSTOMER SUPPORT SERVICES HEWLETT AGREEMENT f1P PACKARD AGREEMENT NO, 0173443105 DATE PRINTED! 00/14/87 DIRECT INQUIRIES T01 es 1j EQUIPMENT LISTING FOR REVIEW E'OR'RENEWAL .d OF FIARDWARE MAINTENANCE CON1 RACT. I. LORI RUTELONIS 214/830-8944 ="'V INVOICE TO ADDRESS i " r CI!Y OF, DE:NTON ~Sr' • s `3`r ACCOUNTS PAYABLE L: >a 9r01'-6 TEXAS 8T " DIENxON TX 76201 044 I +,Ip",.~'h~.q"7+ l {7 way .r Ll Y 3r"~I')1Y c ~ ,1~A ap57~ c; ~ r' ayge~ INTERNAL. EJ99! I_ I RF 18F rrri rr~,r. r r r , +S r• ydtE;t t.s= NEylr~sy4tolao ~ Icy ~ ESQ M ,tYE1~`E: i 000 `x IEYElfC N~ NEON ` x 20. w~> d ~ XI TYf~E! a z xra I Ph .fry'a1~;4 PACES 1 GONTI'NUED Y'P'i1~d F;a. ! ~ ; ;y ~ r `Ik4~++wmtpa.Yrb..r•r r'••p••xwpyyN;7dy~Yi.wWfi'111UY'6NW19MAgIRlk1'iy1~YYMnYWIw ~a 1, + t', _j'. I a~('l~. I Y~ k -i k a Y + v I•y D 4, 1 x T ~ it :r ' b '(tr{~ , r r'' r.i q 4 i p t , } 1 f 1 b HEWLETT CUSTOMER SUPPORT SERVICES f AGREEMENT ~P. PACKARD CITY OF DENTON CONTROL NOi 3t9427234A y` AGREEMENT N01 0173443105 DATE PRINTEDi 08/14/87 J,S er EXHIPITs 2A a STA9T COVERAGES 10/01/87 AGREEMENT' CONTAM p rr CITY Of DENTON ACCOUNTS PAYABLE ~Ad t t. " 901-8 TEXAS ST DENTON TX 76201 t PURCHASING AGENT EQUIPMENT LOCATION} ci7Y OF nENTbN - POWER GrkAATION PLANT 2#5.: E,A$'f HCXINNEY k ^1 DENIM TX 76201 of BRAD, MOONS (817) $66-8256. r, INVOICE SCHEDULE 1XIMONTNLY E ]QUARTERLY I ]ANNUALLY t.IADVANCE MONTHS it-rM DEBCRII'-fION/ UNIT EXTENDED 14 ` k.1 POODUC•T NO SERIAL-NO QTY CHAR CHARGE ",i v~4~. .r'ir rrrr~~ i.irr«rr«rrrr r^wrr.^r ar.r rrr... r..r~.rr r..«.. ♦.rrrrr.. r,r,+ y ':1i re to" v1 "'2tt 4 2130AC0614 1 10640 106,00 ' 1 ;y y~M+a ~p 2 POWEVOIL RtCOVERY 2, t2$14 HI'PERFOMANCE MEMORY • ~~f~~ !274TH 2 MOO _ 30,00 a r4,.MEMORY CONTROLLER a MME 1 10,00 t0,00 F 5 MEMORY EXP66ION KIT' III. ~J ' ! Jyr ,'~yty S~ 127r'ItA 1 V.I tltl V1`"tl IIt 1,•'1 ,r t lo P !!D9'28 1 14~0tl '14;O0 hz R'-, 7 DUAL CHANNCL PORT CONTROLLER t 12E14'18', t 13,00 Moo PAGE 2 CONTINUED t ar~'~' r - _ w..as~en;,F,wp+»a ^w~aiiaiuAl6EYry~~lr"" ~ - Y7 i r I Y -q r t; ;fit'. 1 r,l i.p.v i ' ^ ' i k Jr. 1 Fyn I Y ~ i ;4f k i 1 n l V'" e 1. t , Y - 'j ' CUSTOMER uUppoRT SERVICES p,. L HEWLETT AGRE.EMF:NT PACKARD CONTROL NO I 31?427234A 4 Y; CITY OF DE:NTON DATE PRINTED, 00/14/07 AGREEMENT NOt 017344305 EXHIBITt 2A sxl START COVERAGE, 10/01/07 , j EXTENDED ITCM DESCRIPTION/ SERIAL--NO UTY CHARGE CHARGE NO PRODUCT No+_ _.._._..M...__.._._....___.•°-__.._.., 8' DMS INSTRUCTIONS }AK ROM0 1 7.00 7.00 127789 TIME DA99 GENERATOR 1 4.00 4.00 t2539C DUFFERED.ASYNC INTERFACE 6 4.00 24.00 ~ ~ 1`~ ,Ay3 it FIRMWARE 1:xPANEION MODULE 1 4.00 4.00 DISPLAY STATION 1 39.00 39A 0 2643A 2019A43084 rpr ` x , ,~ri•~ 3 4 y 4 ~ r 13 46 DUAL,C6RTRIDGE TAPE 14A0 t 14.00 14,00 ~6A3A yQD7 6f.,`ABYCkONdU9 COMM ; t x 0600 r,,; 2443A, ~-03^c DUFFCP90 AiYHC'INTERFACE t 4 00 4r0n t` 16 26M8°~MOVIN6 HEAD DISC ! 2310A12686 t SS5xOtl 1 1'S~OO i X h Y J, 74069 IS ? ,a t v , b''"+ , ~i w<~ t7 ~at~~~TpnLLER 1 42.00 420 0 2204Ai©492 < s" J i'g t2JKK HI PERFORMANCE MEMORY 2 15,00 3000 ^ + +r i 91471H tq SUFFERED ASYNC INTERFACE 12~n0 3 4,0D 4~ i2V66A ! 'yt 20. A600'00 X:COMPU*Cg 16 CLOT 5 r++5 tf t 2A600 6t2Kb MEMORY CONTROLLER t 41.00 41400 y I ' ~ V " CONTINUED ' PAG'; 3 _wµ Elk1'~#~` V 5, r t 'l . ~.r+na...wi...++.r+r_,..4 Y6Sti4Y7AiPV . k '1 i C Vii.; ' r. ~ -~pj:, r 1 .5 r 'Z ` CUs'rOMER SUPPORT SERVICES HEWLETT AL'RLEME'N1 PACKAno f CITY OF DENTON CONTRUL NOi M427234A AGREEMENT NOt 01734431115 DATE PRINICDi 08/14/07 EXHIBITS 2A " START COVERAGE1 14/01/07 " f y 1 4 i k~, IMN DESCRIPTION/ UNIT EXIENDEb NO, PRODUCT NO. SERIAL--NO Gilt Ab CHARGti CHARGE 1111 cif - . ! „ 00 a CPU , i 191 015A 1 12.00 12,00 y , 16 SLOT DOX-A600/700 2430A 1 13.00 13.00 2i BATTERY 6ACX-UP t 7.Oo 7.00 121154A sk,~~ 22, SMF1. A600/000 MEMORY ARRAY 121030 - 1 21.00 21.00 ,'14EMO V ARRAY CONNECTOR w 12038A 2 O.GO 0.00 t, ; 24 `Hf-lb I06FALE` 7.00 `/~00' 1 11~q y 1$Q05'A1 , 25' A$YIGkIRON0U9 SERIAL 1NTERPAf:E 2 6600 1240 atrt, i1 2~' 55146; bIOC/7APC DRIVE ~ 'i~ 2l46A 2637AO4654 1 72.00 72.00 yAl',' 2~. A00`-`8flX CQMPUI'FR 16 SLOT 1 3 * ;E .436E 94AIA02005 i i !y>fi a` A~tlO 51tKo'M~MOAY CONTROLLER tt ~'f~" 1 4id00 41100 itca A6"hg'`+ O U 12~ao~ 1 Mee d 12 i A ;d SLOT' k)X-A600/700 1 13.00 242tlA A' 1 + r 2g 1AT1`ERV 6ACN-UP of k A 1/ 12ilf4A 1 ?100 7.00 2"!i2, r~'A6tl0/ADO MEMORY ARRAY , ...F. i10~C 1 21000 21,00 r• ~i ~Y a , l 1 ~ Y• Y -!Ir S `4 PACE. 4 CONTINUED Y ~raa' r.' wr E~, ray , .i ! ''k ~E~ ,IA I A I 1 ~~Y,Y~ . ~ •1' ~t s ' n , V ,Fa II { i s' r : P 1 : t CUSTOMER SULlI'ORT SERVICES HEWLETT AGR4EMENI PACKARD CITY OF.DENTON CONTROL, NOi 319427234A AGREEMENT Nos 0173443105 DATE PRINTEDt OU/14/07 s F EXHIBIT i 2A START CUVERAGEi 10/01/07 , ITEM DESCRIPYION/ UNIT EXTENDED Not PRODUCT NO. SERIAL.--NO U1Y CHARGE: CHARGE 30 MEMORY ARRAY CONNVCTOR 4 ~ 12039A 2 Q100 0.00 31 HP-IV INTERFACE gr7 12009A ! 7100 7.00 32 ASYNCHRONOUS SERIAL INTERFACE t' s, 120058 2 6, 00 12.00 33 55M8°DISC/TAPE DRIVE 7946A 2637EO3026 1 72.00 72,40 KONTHlY CHANGES 862100 EXTENDED COVERAGE (SAM - DAM 7 DAYS/WEEK) 40X 344,61 111 'IM1 d~# . a~ 5 P i ~w l SQ,J ~ Yr~rrwrwww rrLwMrr«wrrrr «a•««ws rwr..~u.r_L raj. «..«..r r.._r.-urrrr rr««rrr« r r..i Y. Y. ~f y'. ROUNDED, CHARGES FOR CONTROL NUS $14427234A i r 1,207,00 t u~rS r wr rrr«rr.i wir~wrruYlrw rwrr~r r « . Y- . 1 • d r« r... Y. 7 r►««rii } ,}~e. Py rr«rr ~ ` ~ r r.iw. rYii.r lr rr.161rur««rrr«w«r.r !•F rM«r_««««Yr Yw««rrrYY\~«« : '.-110~4t TOTAL Pk DILI.ING P6RI0D OF 1 MONTH(S) f « 1,207100 } ~~.'~~r~C " r~wrrraiw.~~_rw •rrrrrW .wr.wrr... r.. r r...+.. . . r r..---r wr_r rwr-. w r n..rr r'r r. r w IN 1, ~ . , f u Y .Yw . ...I.. rr YN r..rr«r r~.r r r w Y rr««r«Y r....... w _ w w ► « .w«w ««YY r r«Y«««r « r_w r rYl+rr SUMMAAY'SIP ALL.'CHARCES (MONTHLY) $ 1,2Q7100 ML I'y.[p.~~~ Yr!..«YY+IYrw~rYrlbr~.lr YYrw Y.YMi..rwrrlMYw.rrYwwrFrMww..Y««rr. «w«« .Iw«w1P..wwr.Yr.. Y1wW «r«w , M1yS r^,'x* OUOtAYIIIN PRICES ARE FIRM FOR 90 DAM PLEASE FORWARD, A BLANKET` x} +~'p.~ GRVER 1G II~pICATE ACUPTANCE 01 1HIO CONTRACT. DERV16L UNDrR # ~ ~ da^~,;f T,HXO AGR,EEiiENT DOES NOT END. AT A SPECIFIC 1IME, HOWF.Vp.R 11 MAY Bk. CANCEI.LEp WITH 30 DAYS WRITTEN NOTICE 70 HEWLETT PACKARD, ` Ydo WILL AECEIVL 60, DAYS NOTICE OF ANY IMPENDING PRICE CHANGF.. MIL. ;~}ry1~ 1 1'~. r 1. fi n i,r w ON, Tex i h f v y J ti•~ T~~u•~~~rf PAGE. 5 t( 4~~ 4t4*~ S .'.n..w.+o+•w..-•..•"' . ....,w.«nr rat.faJ4ww...w...+^+..... _ _ ~ ' ~ ~i } ~p*S a .'l,, f, r`.t ~ , r October 20, 1987 CITY COUNCIL AGENDA ITEM'. t . TOt MAYOR AND MEMBERS OF THE: CITY COJNCIL FROMi Lloyd Harrell, City Manager i SUBJECTe CONSIDER AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON FOR AN ANNUAL MEMBERSI-41P FEE IN THE AMERICAN PUBLIC POWER ASSOCIATION AND APPROVING THE EXPENDITURE 5? OF FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE. i. t 3h k . RECOMMENOATIONi The Staff recommends approval. SUMMARY/BACKGAOUNDi American Public Power Association Is the national association for public <w' ;L power eystema Its primary function Is to assist municipal electric :NP ° syatems with Ieglsletiwi and to keep Lhe member electric systems abreast of current legal, le¢.;letive, regulatory, operational, and technical issues affecting public utilities. The annual fee for membership in this t" - organization vies Included In the 1987-88 budget which was approved by Council In September 1987 ~ fw,rs r r, Y PROGftAMS DEPARTMENTS OR GROUPS AFFECTED] ' I 0' 'jj City of Denton, Denton Municipal Utilities, City Council members, the cititeha of Denton. FISCAL IMPACT! err ~tia , . ' `A nnuel. dues $119996.79 -080-0250-8505-E930 of F under 610 Sourca' Res ul VyS too Lloyd Harrell, City Manager J1~ L ,k5 b ii PREPARED & A OVED BYi ,k Ik 5 14, I Y / A anon, Executive rector YAP, `rvv Department of Utilities Exhibit I Ordinance i. 11 Invoice a a 1y 5th{~ e S ~ i rj ++7 r,,i. t ` i i 1 1 .s+...... n..rv:nen:vs.r.wr... ...........w+..rw..W~Wiwr.INMM'I~W.YwIC'.:a r w r _ _ L a • ' 4 a i r ttl r~r ~NYf " ° 1c tr , f024L N '.N NO AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON FOR THE ANNUAL SERVICE FEE FOR MEMBERSHIP IN THE AMERICAN PUBLIC POWER ASSOCIATION AND APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City Council has determined that it is in the best interest of the citizens of the City to provide public funds . to continue membership in the American Public Power Association; and WHEREAS, the Code of Ordinances requires that the City Council +iitar t,''` appprove all expenditures $10,000 or more and Section 2.09 of the City Charter requires every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall si be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: `tA, 1 SECTION 1. That the City Council hereby approves the expenditure of-funds for membership in the American Public Power Association, 'SECTION It. That the City Council authorizes the expenditure of. $Ti';N3;TYas specified in the attached invoice. SECTION 111. That this ordinance shall become effective- 5 imae ate Y up.on its passage and approval. PASSED AND APPROVED this the day of , 1987. ^k""t 6Y,y y °e n~ WAY ST FHENSj MAYOR T ATTBSTt d n , JENNIFER WALTERSj CITY 3ECKETARY APPROYSD,AS TO LEGAL FORM., DEBRA ADkMI DRAYOVITCH, CITY ATTORNE.' ft~a4" rl,~ , , d:,• ; w! l eY i Y kd , J y i f' y • 1. ~ q ~ 1. + + 'A 9 .t ' 1 i y - r M1 ^ r s , y} , '~y},r".'' i u r~:,~luy(=uii~ilir.wr..«...e+ldwbM *I'wYdA'„F dx v.r I..L AMERICAN PUBLIC POWER ASSOCIATION MI M weal, N.K. Wag*Vlm, D.C. 20037.14M OCT 11987 A R1 E. NELSO II (01 0 Af04loEP ~IOFEUTILITIES DATE 9125187 NTT"AST M KINNEY l 1~ TEXAS - 75241 INVOICE NO. 0- 13076 J ACCOUNT COOEOENTN-OENTO-TX-MU { iy 1.2190009000 x 0.0002630 t2A9811021 X 000001100 6729652 X 50.00530 " SCAYICE f=E FOR 12 MONTHS BEGINNING 10/ 1/81 1119996#79 TOTAL DUE - $119996.79 i ~ IYAS1f1CENf$$NGYO'ANAGEMINT; PIl§l1GpE~A~NOGGENERgALEINPOAINlAI ON{ R Nf ?'iHO N~AdI~IFEiSfASfJIN-Oph CT1 pLECALLOCA?YION F 3fz370 S y J«;~ t~ ry SON ,TO HE Aa,A WEEKLY UFWSLETT.R TO WHICH YOUR UTILITY is i~ 1Eti•, tt Y Y ~ ` 7pIMN:1lrT pink •NI y0 bAYll , ^ " ~INw !M{IM11 014 baby of Invola vYft p"w ORIGINAL f., c ' v s q !M lY K1• ~ l>.1 «A 1 'MAA S4 ~ Y, 'F' 1L ' j 1r r y^.17c r s l ~ J, 1 ri rfK `t t - - ~ •t . F 4 _ env;-•.«.,.~ , t tr ~y1 4a v ' ~ . t Y ' rr T 1 C 11 t CITY OF DENTON E ME y~M~~',M y ~'yjyy•, 'NI ,,f1I ORANDUM ! is fi 9, , 1 v IG e i TO: Jennifer Walters, City Secretary y r * tR MI Gary L. Matheson, Administrative Captain, Police Department s. , SUBJECT: Agenda Item (October 20) ~N 414 DATEt October 9, 1987 r t+ y+ 1 l e'p ~"r~ ~ y! , Please place the attached ordinance revision on the October 20th Council , agenda, I did not Complete an Agenda Request Form since there is no back=up 41 a material or other information requested1 however, if you need the form Com- plated, just let me know 1 This revision simply adds three new police officer positions which were „w appr" "ed in the 1997-88 budget. s •L. Math ~4 r s Ad:piniitetlvi' Captain w ! ; ` F *i P62icy'DapaiiMent , rt ~ ~ r e ' a ~ r + I i ~ ' oe r I,r aN 4 1. ~ 0a t2087 r r EN1qq J Ilf 7 ~G CI AGfRS p~f rx f ~r ~`~b+ ,'T.'.r/' r x '.":;f _ °a,s..r-.wvw.. max. .w.•..,.. ...L. { sti ~ i' y...si ''r~' •r . r5~,' ~~;~m. f sR • n 'MYt'4brnY -M ~ry i 'Wt~WM+~ A .n "1,x.3` •nr' 1 t F.,j 1 ~ t{- ,a 4? P Ain , r' 1 I x I'.w 7 1 I r r , t r t r if N f, . 2015L " r^ Q ? 2 NO. ' E AN ORDINANCE PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED TO BE 7tt r EMPLOYED IN EACH CLASSIFIED POSITION IN THE POLICE DEPARTMENT FOR ' THE CITY OF DENTON , TEXAS; REPEALING ALL ORDINANCES yrf RESOLUTIONS IN CONFLICT HEREWITH, AND DECLARIN, AN EFF AND FCTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f s`' 4 .t<<+ rkt lyf^ SECTION 1, That, until otherwise determined by the city Count , t e ollowing number of be employed In each classified position In thelPoIiceaDepartment., ,r r ik) r'E 1 CHIEF OF POLICE k' . r+a 3 DIVISION COMMANDERS ' b LIEUTENANTS t 10 SERGEANTS "D 71 POLICE OFFICERS, SECTION II. That all ordinances and resolutions In x«1 .K 7c here srpealed to the extent of such conflict, conflict Ai"~rt It ' - ~ SECTION Itt. That this ordinance shall become effective' k;t+ 4," faa ir*Aa a Yf" p n its, passage and approval, kS89WAND APPROVED this the t grtEk day of .1987 f t'~. r r I .v~' ~ at t ~ l l r' TRIS , ATTESTt t: E rY t < 9 ~A. H n P e y . K` Y3 ~t 1 _ tl. ~RETARY APP904D AS TO LEGAL FORMt 'rf DEBRA ADAW DRAYOVITCHI CITY ATTORNEY j a, byt 1 x." ~a [ ydr _ ip. cry:. T T~r• ' t~ ll~) ...wrNnfV1....N'1N4.'nwxrwtww~ t:,~ t,f 71 N I rr ,(y~1 i % K 4 1i I DATE: 10/15/87 j CI'T'Y 0=4CIL REFCRT Fa tMT TO: Mayor and Members of the City Council FTM: Lloyd V. Harrell, City Manager SUBJECT: Health and Life Insurance Bid Proposal " + , REO(MIII~ATICtI: 4 ~ Based on the bid proposal evaluation, we are recommending that Washington National and Coordinated Benefit Systems be awatded contracts to administer the City's health and life insurance coveerAp Washington i•nsururance and provide Benefit ' Systems will pay health insurance claims. Southwest Health Preferred Network will provide and administer utilization review, v" N'r SIMSAEtYs According to City Council directive, the City is required to rebid the health and life contracts Life Insurance Company of the Southwest has administethree red he City's health end life ; insurance plans since 1979 The health and life insurance plans were rebid in 1963 and Life Insurance Company of the Southwest was &w=dad the health and life contracts for the City. This report M addresses the health and life insurance contracts only. ~a r~it Eight bids were received for both health and life coverage and one ~ b ~ id was for life insurance only. All bids were evaluated using the $n following criteria: 1 ~4 1 o Coat o Quality of Service Claims processing Management reports ` 1 * o Stability i:ryy r o Staff Fkperienoe yeti ; , o Implementation/Conversion Issues kkti fi Thtc,o top bid proposals were chosen. Thew proposals were evaluated by: " ,k.'4'~~ o F o References rN~a , `i o On Site Evaluation Visits € o Client Site o Advantages/Disadvantages of capabilitieso relative to City ~1% 01,E of Denton's needs ; l4i Y ' f q t TT ~ ~i it ' ~lrMw^~•+•++• ~ ~ 1 • •.•/0 4.• • • • _ :•\i M3•.«7}uhlvi.h arGSFS r.ir vMiY'4 W.a<a+,.• d d Y"`I~ Y ~ $r Y 9.YL 1 i . Report pormat Page 2 i Based on careful evaluation and analysis, we are recartmending that Washington National, Coordinated Benefit Systems, and Southwest Preferred Health Network be awarded the City's health and life contracts, Washington National will ' Provide stop-loss and life insurance coverage; Coordinated Benefit ystem E will Pay health insurance claims; Southwest Preferred Health Network will Provide and administer the utilization review program. The life insurance program for FY 871188 was budgeted estimated cost for this program is 456,686, Wahington National &Wnitted a y life insurance bid for 4.21/1000. The estimated cost for this program is 450,015. Due to the cost savings resulting from this bid, the staff is " recommending that life insurance benefits be increased to one times annual salary. We will still incur an estimated savings of 461611. ~m OOBT FFOOM BUDMM O06T' AT 0M TI)MS NKUIL gALi1R]t ' ,F tf f rf~. 1 $50,015 Rory Yq ry,,r, y c i~' SAvIMS 6/641 y @ l X 9 X { f ~!MN51Y1S O DEPARMEM CR GROUPS 11FFEL"I'ED. . r , } This insurance contract will affect all regular full-time City ! ~~t` j, rr erployees working 40 hours weekly and regular - part time City ernployeea working at least 20 hours weekly. Health Insurance Administrative cost 01 Preferred Provider organization 4 64,761 Ufa Insurance 11,970 r= i O1 50,OO45 TOM ~''rr t 4131,779 j ! s. Theo funds will be paid out of each ~~y~+ ~ follows; department's budget. The breakdown is GNUM FUND OMM FUNDS y { tt ! 4801385 4510394 Respectful submitted! der; pre {w , , ''t.£ pa)red by s Cit llanagerr , v nwta mite f Persoemi Specialist Personnel/bVloyee Relations ~ a 4273P b ° { f .a Nr.ye3 rP E 1 , 1 r t+L histy'~«!Q kli,+fdYa`!i#Wi$MYF9i1.✓+"',' r . ~i 9s f. .a wry OI DsNTON / 215 E. McKinney / Denton, Texas 76201 k i MEMORANDUM 70: Betty McKean, Executive Director Municipal Services/Ewnomic Development Fri: Thomas W. Klinck, Director personnel F5ap1~ V / Relations , d s r r.J :0.e", DATE: October 16, 1987 M1 ;rz~ ~ SUBJECr: Additional Backup for Health Insurance Program Recommendations ` I Betty, this memorandum is to provide additional backup concerning our ` ~"M H' t~ocsmmendaticm to City Council on changes to the health insurance program. In our initial bid that was drafted and sent out, we specifically indicated f b, that the City was interested in a package bid proposals However, we also E indicated y+~ ~ interested section ld combinnationb of siA separately and that City was penifiM fie3 services that would ld provide the greatest cost benefit to the City. We further indicated that coverages con1d stand slobs and that coverages would not necessarily be incorporated into a single package. Cur bid further recognized that due to industry` practices, some coverages did not lend themselves to single coverage contract fir awsrde. In any event,we stated that a condition of awrtding any contract' ` would be that "no in coverage would occur. Finally, we indicated that xt,?} 6, imovativaneso in bidding the raq~est for proposal was to be a factor. The Civj always reserves the right to accept or reject any and all quotations ~ and waive any informalities in any quotation. The most expensive section of the bid was the claims administration cost, s r,y e*v "r After that, the nett most expansive item was life insurance. e `4, e` She lowest bid on life insurance was $.21/1000 submitted by Maeabbee Insurance T =fib; Company, however, this bid was for life insurance coverage only and provided no prov sion for stop-loss coverage as was necessary for us in providing ra-insurance above our self insurance fud. Stop-Lose carriers, as an mustry practice, will only write stop-loss insurance in conjunction with life insurance. Qtr 74us the next lowest bid was from Washington National Insurance Company for i 1,28)1000. While their atop-lose insurance bid was higher it did howrwer i provide the beat coverage because it provided for one million dollars lifotime I imimum for both employees and dependents. f " 1~ f C rvo hMfy-d.r~'.Of., krlYilk-;Yr^I'i4V:++WAwvr ~ F,. _ r, i 3 a Insurance Backup Page 2 The lowest stop-loss bid was from Cigna. However, coverage for each employee E s and dependent was only $250,000 lifetime mmdmum on the stop-loss ooverage and their bid for life insurance coverage was $,39/1040. In addition, the third party administrator (for claims administration) seeks out and brings forth the bid for life insurance coverage and stop-loss insurance coverage by that carrier. As such, the relationship that exists between the third party administrator and the stop-loss carrier is clearly a factor in the quality of service, that are provided. We conducted reference checks on each of the top three bidders. Our research irdicates that I Washington National and Coordinated Benefit System have an excellent working relationship and provide superior service to their customers. I sm anticipating that this will provide sufficient additional Justification for rommme ding the awarding of contracts to Washington Natio.Al Insurance ' Company"for atop-lose insurance coverage and life insurance ooverap, if you have further questions, please don't hesitate to call me. v{,~ ,Y l r Gydd~ NI 7hYIR you you f l d x KGs 7 a` x.41 , K C 9 h ~'1 a ,t X< 4 , '~o S xt, a~ 4h rr f r r 41 101687030 Yr f• 8 AI'~~; I~~yr,.f(,`. rJt, ~ _ ...«~t.:M~N.+y°~Fy1i/r~9IM~~d~ti.~,~1t~•{'M7PaiWilM,r'>,++""n 1 ,:r r.J,1 ~r ti; 1jP'r v" I ! J'~~a ~~1 Y➢, . ".t^ r.-TIT 1,. 2038L NO. AN ORDINANCE ACCEPTING THE PROPOSAL OF WASHINGTON NATIONAL ar ' INSURANCE COMPANY FOR EXCESS INSURANCE FOR THE CITY'S HEALTH INSURANCE PLAN AND FOR LIFE INSURANCE FOR CITY EMPLOYEES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN x t. EFFECTIVE DATE. WHEREAS, the City has advertised and accepted ro osa life insurance coverage for its employees andp for excess insurance for its health insurance program foe City employees; and WHEREAS, the C i t y Manager having recommended to the City Council that the proposal of Washington National for said insurance coverages be accepted as being the lowest and best proposal received by the City; NOW, THEREFORE, i i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: + ,.s SECTION 1, That the City hereby accepts the proposal of Wash ng on „atonal Insurance Company for excess stop loss Insurance for the City's employee health insurance and for life Insurance for its employees, a copy of which hereto and incorporated by reference herein, proposal is attached SEC ION'II. That the expenditure of funds for such insurance Y co~rerage eieby authorized, , ' SECTION IIt. That this ordinance shall become effective iwre, a~'i}y' up its passage and approval, ~t ' sew ;PASSED AND APPROVED this the day of October, 1981. ~ " t }I ATTESTe r APPROVED AS TO LEGAL FORMS DEBRA ADAMI bRAYOVITCH CITY ATTORNEY , t BY: r t : i r"Mke"^KYYigIF~rMtlWAlt4'WIWOror. v«.arm.e, ''4~ jh y 5`ix , ^wweYYWra42,M++w...+wn«.•r....a' 01 ? j V « ~1 IA w ` w'e e r i. e 'y J f. P` •8 a INDIVIDUAL STOP-LOSS AND AGGREGATE STOP-LOSS AGREEMENT j ) EFFECTIVE DATE: October 1, 1987 ti ~ 4 THE ALAN SPONSOR: 41 City of Denton ~1~7~`+ loo Sr . r:. 1~ i+ r STATE OF OELII'ERY, texas MrTIALAOAEEMENTPERIOM Beginalogon 10/i/87 fe ''~d ~,,t + - QosinIon E SUn3EQUENTAGREEMENTPERIOD: Beginning on 10/1/8$ andeloslnpon 9/30/89 ? 5 l'. t tiri r ofeach y ear thererhrr during the continuance or this agreement. ' ku r y AOOREOATE STOP•LOU PREMIUM: $ Payable on 9,015 10/1187 and Annustiy on 10/1 of each year thereafter until this Agreement E } L amended to revise the premium. p rri~'y~~ .t I '(NtMVIDUAL STOP•LI 0 PREMIUM: (See Part IV.) f s s'; ) 0"60 the 'Plan Sponsor has establhhed,a welfare benefit plan for payment of certain hospital, surgical, medical, and Mated 6*4 oft behalf of in. Persona for whom contributing employers, accepted by the Plan Sponsor for coverage under chic Plan. tte requlred to make contribution to the City of Denton, r! st 1 f`, And all such persons'eligible dependents; and r , 4i Since the Plan I Sponsor Is desirous, of limiting that portion of (belt lisblilty under this welfare benefit plan which exceeds the t W Aipreda(e Deductible Mount and the Indtrldual Deductible Amount; and r r s ntw W asbington r National Inluranca Company Is wilting to reimburse the Plan Sponsor for a certain portion of that flabllltyi C,f ur r 7?re Plain 9Eonioe and Washington National mutually aim to the following terms and conditions: 1 k AT 1. DEFINITIONS Where (he fotlowing Wotde and phrAus appear In this agreement, they shall have the Mapective meanlnZ rat loath below, i }r unlelu chair conttr<I etearly,Indicates to the, contrary; A. The Company shall mean Washington National Insurance Company, ; t ,`k 9. Plan shall mean the welfare benefit pan of the Plan Sponsor; a copy of this (Man Is attached And labeled Article A I t 01E and Is hereby made a ark of this agreement, 4 4 NR a i~ +~.rn. r.rr~rwr~__ _ ♦ ' r) r~. ~ t Palo I of 6 7y. 1, .•.••.w 'dww~RaY1N~l4,ReeKM'' ^~"1'uW~i1M,LRR+N,Y+aa'Niy9arY:~rrW,t s.+e,w+.rx...r~ ,,,,~.e1I ! S 11 ktr ti V ' yr.Y C. Aggregate Deductible shall mean, for the initial Agreement Period, the amount determined at the close of the initial Agreement Period by the u,e of the aggregate Lkductlble formula set furlh in Part III of this agreement: for a Subsequent Agreement Period, the unwunt determined at the close of that Suhsequeul Agreement Period by the use of the Aggregate Deductible Formula set forth in Part III or b% the u,e of the reylsed Aggregate Deduclibte Formula then in effect for that Subsequent Agreement Period. D. Individual Deductible shall mean $ 60 000 of Individual Lo,s which must be paid under the Plan In any oue agreement Period for any omf covered Tn1h dual before the Company will reinnburse the Ran Sponsor as set forth In Part 11, k E. ludmitial Loss. rot the Initial Agreement Period, shall mean only arch antou nts an Dually paid by the Plan Sponsor III cash on or after the Effective Date of this Agreement but prior to the begino,ng of the Subsequent Agreement Period In payment of the benefits specified In the Ran that are paid to one particndar person, or to her or lilt assignees, In settlement of the claim made by that person. I lodirldual Lost, for any Subsequent Agreement Period, shall mean only such amounts actual])' paid by the Plan Sponsor lit cash on or after the beginning date of that Subsequent Agreement Period and prior to the beginning date of the nest Subsequent Agreement Period in payment of ltw henetlti specified in the Plan II•,at are paid to one particular person, or to her or his asslgnees. In settlement of the claim mode b.% that Verson. F. 'aggregate Loss shall mean: i it l such amounts actually paid by the Plan Sponsor In cash In payment or the benefits specified In the Ran to all ii pervma covered under that hen. or to their assignees. In settlement of claims made by such persum. Hong 5 r r those amounts eligible for reimbursement under the Individual Slop•Losi provision of this agreement; and I';. 121 an amount equal to the Individual Loss Premium paid to the Company by the Plan Sponsor. E• ' kZ. Aggregate Lost applicable to the Initial Agreement Period shall be such amounts set forth In (11 sbo+e thst art q actually paid on or after the Effective Date or this Agreement but prior to the beginning of the next Subsequent Agreement Period and the Individual Lola Premium paid for the initial Agreement Period. +7 Aggolate Loss applicable to tech Subsequent Agreement Period shall be such amounts set forth In (II above thnit o f s" E art actually paid on or after the beginning date of they Subsequent Agreement Period and prior to the beginning date ; i oof thhde next Subsequent Agreement Period and the Individual Lots Premium paid for that Subsequent Agreement ' erio. s R '4. 0. Individual Loss or Aggregate Loss shall at no time Include extra-contractual damages of any nature, compensatory I n : c damages, or any punitive damages assessed against the Plan Sponsor, and the Company shall not be liable for any & such damages. The Plan Sponsor hereby agrees to hold harmless the Company froth any such damages assessed against the Plan Sponsor and also agrees that such damages will not be used to satisfy any individual Lome Deductible 1 f` or Aggregate Lou Deductible. ss V M .'.~f 11. Amounts 'actually paid shall mean the checks or dohs Issued for paymet t of Individual Lou or Aggregate Lou but it shall not mein court cost; penalties; Interest upon judgments; or Investigation, adjustment, or legal expenw. The date of Issue of each check or doh shall be considered the date of payment. l~f 'st~1 k' 1" L Slontbfy Deductible Information shall mean that Information needed to zompute the Monthly Deductible amount ai }I ` i set forth In Part III of this agreement or any revh an or Part IIl which Is then In force. j PART 11. 1NDIVIDUAL STOP-LOSS AND AOOREOATE STOP-LOSS PROVISION ! n. ,Qr i y r The Company, In tonalderatlon of the payment by the Plan Sponsor of the Individual Stop-Ins Premium and The Agre Stop•Lou Premium required by the Company, HEREBY AMES To REIMBURSE the Plan Sponsor for: gatr A. 100 per tent of the amount by which the Individual Loss Incurred by the Plan Sponsor in settlement of s. claim !1 for any one covered Indlviduat exceeds the Individual Deductible amount during a particular Agreement Period, y- subject to an Individual Ufetime Maximum BeneOt for any one Individual of $1 000,000 , and S. 100 It cent of the amount by which the Aggregate Lou Incurred by the Plan Sponsor #%veeds the Aggregate beduellble amount during each separate Agreement Period, subloct to maximum n-imbursement of 3r', $250$000 peIt Agree me III Pit dod, I I I t tt' e The Company, at Its own etectlon and expense, shall have the right to partlelpate with the Plan Sponsor in the defense or appepl of Any action suit, or pruceeding In which It may, fn its judgment, become Involved. The Company shall have no ,F r • , ebblllgtllon to defend late Plan Sponsor IA any Wiwi Msin;under the Plan Sponsor's welfare bans fit plan, F1091eD e Page 4lsf 9 r. , fl ' ar..rgt~~ra.Yeaataf'aa Yrk F'cn4,[w -tik~aN.;ftyy y♦t(jtaawb'M1wwun.. d I,,..i/ 9 e r i h b, With regard to the Aggregate Stop-Loys, the Company shall hate uo obligation to make payment to the Plan Sponsor until the thirtieth day following the Plan Spun of s suhmi.csion to the Company of all Aggregale Lou data and all Monthly Deductible Information for a particular Agreement Period. With regard to 11te Individual Stop-[", the Company shall hme nu obligarion to make payment to the Plnn Sponsor until the thirtieth day following the Plan Sponsor's submission to the Company of any data rep;rdiug au Indhiduat Lois w,.leh I,a% exceeded the Individual Deductible, i; PART 111. THE AGGREGATE DEDUCTIBLE FORMULA l~j I The formula for and the factory used to compute the Aggregate Deductible for the luitlal Agreement Period are established as of the Effectlce Date of this agreement. The formula for and the factors used to compute the Aggregate Deductible for any Subsequent Agreement Period shall he established as described io Section D. below of this Purl. j The Aggregate Claim Deductible shall be determined at the end of the Agnement Period by use of the follutving fonuula, j q ' method, and (Acton unless revlyed as set forth In Seetlon D. below, of this Part. A. Monthly Deductible Factor: r~ # 1 t it } ; t Covered Peron Unit rnthh• Deductible Facto ;r Employee 9106.88 Spouso 9 99.12 9t?, Child(ren) 9 62,70 duo Family 9136.99 t. , 6. Stlrtng wlth the first month of the Agreement Period, the number of Covered Newlin Units covered under the Plan tit ^ T ^ on the flnl day of that month In each category shown above will be multiplied by the factor shown opposite the ~tsr ' category, That Monthly Deductible amount shall be this product or the sum of these products depending on whether r s •4:~~ there 1$ 1500 or more thus ore category shown, except lost; Il) . In the event of a strike, lockout, or work stoppage caused by any disagreement lx3wcen an employer and Alto r i certain persons covered under the Plan, the number of hovered Petwm Unite used !a compute the Monthly Deductible Amount in the month Immediately preceding such strike, lockout, or work Stappiagpe will be used to 4 ' dettrmine the Manthty lductible Amount for the month or months during which the lockout, or work > J {s a : stoppage exists. ra r' (al In the event of a reduction of fbt'ered Person Unlts, real lau of the reason, the Monthly Deductible amount shall reduce no more than 511 from the month Immediately preceding the one In which the reduction occurs and no'more than 6111 additionally each month thereafter during the continuance of the reduction. t r n ¢ , rh to, The sum of the first twelve Monthly Deductible amounts will be the Aggregate Deductible, except that, regardless of { by ;As 1 iF such actual total, the minimum Aggregate Deductible amount shall not be less than 9gr'i of the fine )Monthly , i q u feductlbIt amount multiplied by twelve. Y yaks', t „t D: 'Fhe'above Mooathly Deductible Factors and the minimum Alial Deductible shall apply until the end of the ~r$ Initial Agreement Period, unless changed by agreement between the Plan Sponsor and the Company during the ° Agreement period as a result of a change In the Mae. For Subsequent Agreement Periods the Monthly Deductible Attar and the minimum Aggro to Deductible will be determined by mutual lineament of the Man Sponsor and the ga # Y^ #I Company and set forth In an Addendum to this Agreement signed by the parties hereto. ails r1 r ~ } B, If this Stop•Lou Agreement should terminate out any daft other than the closing date of the Initial Agreement 4 t i r , .o + Period cr of any Se quent Agreement Period, there will be no pro-ration of the minimum Aggregate Deductible, Out the contrary, the entire minimum Aggregale Deductible or the total of Monthly Deductible amounts determined R v for ouch pertla Agreement Period, whlcheter 6 greater, will be applied to determine the Company 11 btilty for any partial Agreement Period: i "obi r I" OVO Page a of 6 r. r. m 11,{ 14A ~ti t.Y i` •a w... . ~ s+.~.•n . _ ••.:aww"+y.NCYYIaaNrFP,aNr.lMt~r1%I4#M~:ilLMt~+vaw+a,.., y l l' r , 1 3 t % + s PARTIV. TNEiNDIVIDVALSTOP-LOSSPRENIlUdf The rates used to compute the first monthly Individual Stup-Los Premium for Ile Initial Agreement Period are set forth below. These rates shall apply until the end set the Initial XgreeMeul Period, unless changed by agreement between the Plan Sponsot and the Company during the Agreement Period as it result of a change in the Plan. ror Subsequent Agreement Periods, the rates used to compute each monthly Individual Stop-Lots Premium shall he Chow mutually agreed upon by the Plan Sponior and the Company. A. Premium Rate , x ` Covered Person Voll Months Premium Rate Employees $3,29 4V Dependents $3.39 { t yf y f k J , to compute the monthly Individual Stop. Loss Premium, the number of Covered Person Uniu covered under the Plan on the first day of that month In esch category shown above muvt be multiplied by the Monthly Premium Rate s'.own opposite the t, b r category. The monthly Individual Stop•Lom Premium shall be this product on the sum of these products depending on whether there Is one or more than one,eategory shown. PART V, CONTINUATION AND TERMINATION This Agreement will continue In forest during the Initial Agreement Period and during each Subsequent Agreement Period A' vxF n r i ? y tubject to the Plan Sponsor's payment of premlum, it such tales as may be required by the Company, and subject to I lermlos(lon as prodded In Put VI or at get forth below, c I This Agreement shall terminate Immediately upon the occurrence of the tint of the following: (a) mutual consent of the Plan n „ t { Sponsor and the Company, Ib) dlscontinuana of the Plan by the Plan Sponsor, Jr.) any attempt by the Plan Sponsor to ! amend the Plan without the prior written approval of the Company, (d) adjudication of banlruptcy r4 insolvency of the plan Sponsor, or (e) upon nonpayment of any premium when due. This Agreen.•nt may also be terminated by written notice of either party to the other y registered mall but not less than thirty-one days In advance of the tertnhbstlen data set out Its G t: r « ouch written notice. PARTVI,V,EARLYADDENDUM° ~r s Within thirty days after the Compony'i receipt of all Aggregate was date for the proevding Agreement Period, the Company will Issue and deliver to the Plan Sponsor an Addendum to this Agreement setting forth the Aggregate &op-Loa Premium, i' the Mdnthfy Deductible Factors, and the minimum AA#I~gregau Deductible for the current Agreement Period. ThIs Addendum shall W signed in duplicate by the Plan Sponsor and its executed copy returned to the Company. In the event the Plan * i; Sponuu should refuse to accept such Addendum for this Agreement Period and fail to execute and deliver the gold Addendum and any additional Al regata Stop•Los, Premium due to the Company by the thtrtielh day after the date the t Addendum Is nulled to the Plan ~ponsor, this entire Agreement will be deemed to have terminated at the dose of the i priceding A roItmont Period, and the Company shall thereupon refund the Aggregate Stop-Lou Premium paid for this r w Allitti lent l rood, and Abell, It the Individual Stop-Loss Premium Is {realer, also refund the dtltlronce between (a) the seta lodividual Stop-Loss Premium paid by the Plan Sponsor during this Agreement Period and (b) the amount pold by the t 06MPAAY under Via Individual Stop." Provision, Part 11. A, In reimbursement of specified Individual Loss incurred by the Plan Sponsor during this Agreement Period. In the event otsuch deemed termtnitlon, the Plan Spoosorhervby agrees that, it (b) above exceeds 10) above, the Alan Sponsor shall refund to the Company An Amount equal to the excess of their to llmburipmentafter the ytemlum, PARTVIL PLANCHANOES t1 r i; r' e' L'j The Plan Spongot shall promptly furnish the Company with all proposed Plan amendments, endorsements, or ridcrA, 4 1n « .=I it any Change In Plan, If effected, shall, In the opinion of the Company, Increase tho risk assumed by the Company the Company shell hove the option of nodding the Plan Sponsor of (al in Inercase in the Monthly Deductible factors ant) the minimum Aggregate palm Deductible to be effective foe the Agreement Pc Hod in which such change becomet effectlve And Sr ila) in Increise in the Individual Stop•Lou Premium Rate and the Individual Stop-" Deductible to be effective tot the i v temlinder of the Agreement Pi In which such change hecomes effective, F10970D , r 5 C r} Page d of 9 a ~ Yt `'i `nlC l _ ..,..~x,u,u M1t.In Hw,ty'jt„'! I~V. ~W~y ,,~~v.♦ y ~4r'~~' ; Mai b .~n r-.. Mt~w~~'~"IY+i".*'M°~iAR`a'J♦,ITR~n[III~•If1.~a.T1~A~~~'4DIAM iMJMM.• ti 1 A, ,t 1 ',Y alts ' ~ ;C , a . 5. 4 Upon the written agreement of the Plan Sponsor to the Increases, an executed copy of such amendment, endorsement, or rider to the Plan shall be altrched to Article A and thereafter be considered as a part of the Plan. If any change In the Plan shall not, In the opinion of the Company, increase the risk assumed by the Company if that change were to become effective, the Company shall so notify the Plan Sponsor, If the Plan Sponsor sends an executed copy of this amendment, endorsement, or rider to the Company for attachment to Article A, the Plan will be deemed so changed as of the effective date shown on such amendment, endorsement, or rider. PART VIII. DUTIES OF THE PLAN SPONSOR t- The parties agree that the Plan Sponsor shall have the foiloMng duties and obligations. i+i{ c A. The Plan Sponsor shall be respnnsible for auditing and calculating and paying all clatms+ preparation of periodic reports Including but not limited to monthly reports of the number of Covered Person Units, by category, and shall a maintain and make available to the Company, at all times, such Information me the Company may reasonably require t + for proof of payment of Individual Loss and Aggregate Loss by the plan Sponsor. s B. The Plan Sponsor will maintain a record of any and all amounts paid In excess of payments required by the provlslons of the plan. t P h ` V. The Plan Sponsor agrees t" pay all claims within thirty days of the time that proofs of claims are adequate to the extent that payment can properly be made. Failure of the Plan Sponsor to pay such claims within the time limit h (khlrty days) shalt cause ar.,f such claim to be excluded from counting toward the satisfaction of any Aggregate s Deductible amount. D. The Plan Sponsor agrees to pay proper claims made by persons covered under this Plan and that funds q necessary f n'r, wtil be provided for lists purpose. FiElun of the Plan Sponsor to provide funds when needed for wch timely paymenWill cause the Agreement to Immediately lapse, the Croce Period will be considered satisfied and the Aggregate t Deductible end any Individual Deductible will be considered as not satisned. E. The Plan Sponsor shall prepare and submit to the Company on a monthly buts a report of the total of all claims paid duMng such month and a report of the total number of Covered Person Units In each cafepo:y described under Parts lit and IV, he Plan Sponsor shell maintain such other records is are reasonably required by the Company end shall furnish them to tht Company upon request. k The parties also agree, that the Plan Sponsor may retain a clalms•payIng agent to perform any or all of the above Riled dutlea. et dYx• ~ t . + TttG agent shaft be retained and compensated by the Plan Sponsor and shall not be considered as the agent of the Company. t y PART iX, TARES I ( Z x The Company shall be held humleu by the Plan Sponsor from any state premium loxes whkh the Company may incur with F respect to claims paid (u distinct from the premiums paid to the Company by the Pion Sponsor) under the Plan SP th e tf ; << Plan, sad ' Company, y, the Plan Sponsor shall reimburse the Company annually for such tax expense, It an as determined by the R~ t PART X. PAYMENT OF PREMIUMS s r' The Plan Sponsor shall remit all premiums u required by the Company to The Company at its Noma Office In Evanston, % y r i l Illinois. Except as otherwise provided under the, Section entitled "Gran Period", this Agreement shall automatically terminal@ Itany premium Is hot aid when due. i 4 A PART XT, GRACE PERIOD A grace period of thirty-one (81) days without Interest charge Is allowed for the payment of eve ry premium after the first. PART XIL DATA The Plan Sponsor shall maintain such records as sets reasonably roqutred by the Company and shall furnish to the Company all pertlnant data with respect to persons covered under the Plan. The Company shall have the tight b Mspect the records of .i the Plan Sponsorat reasonable Inlervals during normal buslneas hours tot any purpose relating to this Agreement. r PARTXlfl. MODIFICATION ~ e Upon written request by the Plan Sponsor and with the consent of the Company, this may , u fi „ without notice to or consent by any persona covered under this Plan. Only the Preside nMa Vice n Pre essident, or the SecreWy of t the Company to authorised to modify this Agreement. No other person has the authority to change this Agreement or to t ,tw, waive any of its prodhtons, ra y,h , 1 >t v.. FI097AD Ki6rF`,,;µM~hA~y'.a4~k'~a.'~444.74iol.ti'X+~W+T'w.'. ' i)!q~E J ' y~t~r e " f A' r 9 id , t4 1 I" PART XIV. PARTIES TO AGREBI£NT ement n the the Spon sor and relation wha ener bet een the Company a d any cosec d persCom on orJbe~ ficiary ndcr he PI nsh not alSponwc isWell rerPI or legs! XV, OVERSICHTS ers any com re to . it reslult of mlw~ den to drag r o ersighituon the pass of a ther than rPlams of this Agreement is shown to n Sponsor or Company, both parities shall the restored to the positions they would have occupled had not misunderstanding or oversight occurred. r s ' 1 y M. ARBITRATION t a ,111 disputes between the parties to this Agreement upon which an amicable understa„ding cannot be reached may be decided by arbitration. 411, + ' ` ? Vie Court of Arbltrator+, which Lq to be held in the city where the Home Of'ite of the Plan Sponsor Is domiciled, shall s , tr consist of three arbitrators familiar with employee benefit p *ins. One of the arbitrators shall be appointed by the Plan Sponsor, one by the Company and the third shall be selected by the first two appolrtees prior to the beginning of the arbitration,. I~ • , ~ Should the two arbitrators be unable to agree upon the choler of a third, tha appointment shall be left to the President or any l a Ylce President of the American Arbitration A:aoclation. The arbitrators are empowered to decide all questions or Issues and `l } shall be free to r• ah their decision by application of principles of equlty and customary practices of the Insurance and }tl , rt'fnstrra¢ce lndwlry rather thin by strict applicatlon of ail rules of evidence and low. Titey shall decide 6y a majority of votes r `d end There w8l be no right of appal from their written decision. The cost of arbitration, Including the fees of the arbitrator shall be borne by the losing party unless the arbitrators shall decide otherwise. this Agreement to be r IN WITNESS WIIEREOF, the Plan Sponsor and the Company have by Their respective off mrscaused executed and delivered on the dates shoNn below, replacing and superseding all prior agreements. + S Washington National Insurance Company C f L Of lknto i. plerein CAM the Company) i ' (ller in called the Plan Sponsor) z 4 a d1 BY Title lyrte_ i4 Date 3't T» 6 r 1 1 ~;d, 7'Itie ' l t 1( t 4 is .'1, 1, k lhte Data_ - - By Mlle Title ` 4 ~1 J i ~r Date a , Date Title -.w JrJ/' +14 1aP' 17ute Date 1 INr. Y _ _ 1 Lw r I f~'r+^kr : F I NOD Paneofe ; r Fn~' y~r...»I r >fa ~~l 3, " r .4 I 'i Ip^" a ` r .I 1 11 N • r 77777~ l{'i i I fe ~ . !tar A Ii 0 r.~ STOP•LOSS COVERAGE QUOTATION FOR: INDIVIDUAL AND AGGREGATE STOP-LOSS COVERAGE PLAN SPONSOR: City of Denton LOCATION; Denton, Texas '.r EFFECTIVE DATE: _ 1011187 e ~ NUMBER OF COVERED PERSONS: Emplo ess 424 Dependent Units s-- y 1` i ~w LASSES ELIGIBLE FOR REIMBURSEMENT: ~f ❑ I&P 12112 ❑ I&P 12116 ❑ DSR 12112 ❑ DSR 12116 ®PAID ~ #1.~ 'off ; INDIVIDUAL STOP-LOSS: ~ •a ~ ❑ Medical ❑ , Individual Deductible IPsr Agreement Period) S 60,000 Individual Maximum Benefit 6 . i eno, non , ` `{r err Fy M Percentage of Reimbursement for Claims in Excess of the Individual Deductible 100 96 AGORWATE STOP-LOSS: z, Per Employee Unit S_ 106.98 Medical ❑ DI Per Spouse Unit S__ 94, t2 ~ ~~3 ~l Moothlyy Deductible Factory Per Child Unit 6_ a2.~Q Per Family Unit ; fuja Estimated ASSregats DeducElble (Anna a 845.000 ilk Estimated Minimum Aggregate Deductible (Annual) s-760,500 M&Wmam Reimbursement Under the Agreement x + , w' Pst'Agrament Period 6 L5 , . Percentage of Reimbursemant for Claims in Exam of the Aggregate Deductible 100 % PAF111ftTAly f Y. ` ; AsdivWn $topL~oad Premium (Payable Annually In Advance) _9.05 StopLose Pr+miuaas, Mo>sthly Rate per Cavsred Person (Payable Monthly in Advance) Emplo ese: 8-3.29 Dependents: $ 3.39 _ Ot t Estimated Annual Individual StopL,ose Premium 25,201 Estimated Total Annual St,*Lose Premium j _ 34.276 ~Y tiN TA ~i i i L f 1 W!N wQt 3 T' notes l a te•ee~ i , l.' ~ .y...•.. .,.,a. _ ~ S. * W h sr~,sufirrp Ilq'~47.ii.Wl 'KNI~F4IMwiM..MP'^'..' ..yn "W a:M4 a lV1FVNV..w aA•4WAq a N of y i ~ `p y z }f { M1 r , t•. a y: r. Washington hlatlonal e INSURANCE COMPANY ; t JOHN S BREWTON, Regional Oro-up Manager 1 ROBERT M. DICKSON Regional ACCouniErecunve ROSA BYERS, Group Service Repreaenlits" LARRY A FALDET As 1810 Group Mama of r TIMOTHY P. HENRIKSEN. hew' Sales RaTlreesnlatlve 1 DEREK S MARSH, TAoup Rapreeentatlve ' t October 6, 1981 Park Central II - Suite SM ; Da 251 k um Texgr)5 2,4!233-9694 yXI 5 N Ms. Nedra white Insurance Dept. r .r City of Denton 324 E. &Xfnne Denton, TX 76201 Dear Nedra- Attached is a completed master application for group life and AD6D along with ~4c 1 `a suppllment to the application which covers mental illness. >r.. A1SO'attecAed Is a new replacement page describing the group life and AD3D. } k, Rest' assured that Washington National will service your employees In a manner y which will warrant your cuntnued confidence. k~ fly yours, ~ hA" f 'P A i' ,I~e f,;4 t y ~ 1 Tf .S Tr ;01 . 9rewton " w l Gro up Manager 4 ( >.4~<r r ~ ~ ~ •t•. t ' I dlr.. .1'. r 00~ A • t> p 'Y y~yr Cp r 1 ' ivf t4~ I 1 ``1 r ~T. Jt j~l,r l, ¢ ! < tvaneMA Manele OOM • A W"NA&W T4etlentl Cerda~en MneMerd feevfee Con%WY f 01 i l i. I schedule of benefits and/or cos 1~ Y LIFE AND AD&O INSURANCE r«' r CLASS AMOUNT All Employees Amount of coverage one time annual. ,r'• e'~ one time annual earning rounded to the next hfghest$1,000 4r~: y , '~1r r ,i t r RATES CLASS I PREMIUM FOR LIFE AND ADBO All Employeesf I n `r $.21 per $1,000 life S ADaO coverage is In compliance with the new ADEA laws and coverge is as follows. Active Fmp!oyees under age 70: 1x Ar:nual Earnings Reduction to 65X at age 70 a " #r Y~Mx"r~r Reduction to 45% at age 75 z r Reduction to 30% at age 80 fi ~1m L' f f ~,t^ 3 nip 1% 1 J, f4 Ors ~'}r' ~ ~a~1+~ rt r a City of Denton October 6, 1991 ti W s G' ± F ISM 1'?idGOf1M Ir,"ANCI CO~ Y drx j ,y: ,.~-►Gr.kmA'I~GY~++s'~V~lildlf~X.iM+'w'1;...°^^-' , 1.x r 1 6r li •r 1, ail' 1 6 ~ 'mob ( 1 7 e. 1 ~rtrt 3 MASTER APPLICATION FOR GROUP INSURANCE made to WASHINGTON NATIONAL INSURANCE COMPANY, EVANSTON, ILLINOIS 00201 Full Legal Name of Proposed Policyholder. City of nAntnn Legal Street Addren 324 McKinney LHy Denton Stetr. Texas Zip Coda: 76201 Authofed Representalive/Tilte: Nature of Business or Organization: City Emolovees Policyholder Contrlbulkw: Employes Premium Life 100 % HNllh % Dependent Premium • Lite % Health % ' Waking Period Is: O let of Month After of Employment O tat of Month After Oats of Employment f O Ovw.. f' Waiting Period O IS O IS NOT appNoabie on po" eftectlve date. INDICATE BELOW ALL OF THE COVERAGES FOR WHICH APPLICATION It MADE ' ® Llte Inwnaoe O BaNe Medical with O Dental Expense ' 1 tuw-ernentN Ma(or MWkal i x" . [n Aock%ntal Death, Dionm iEsmmnt O CanpreheruM Myor Medical O Vision Can s rg O Do+ndanl Life O 13 fbrawlpllon Drug yf ' y O Db*M ty Ingoma O O 0A DESCRIPTION OF ELIGIBLE CLAUIFICATtONS AND BENEFIT LEVELS ARE DETAILED ON THE SCHEDULE OF ' BENEFITS PAGE CONTAINED IN THE WASHINGTON NATIONAL PROPOSAL DATED f} 113 ° The proposed eftee&* date requested for this group Insurance Is 11/1/87 t } The am of S has been tendered as a deposit to be applied toward premium due. ! i I UNOERSTIND THAT THE POLICY(IES) WILL NOT BECOME EFFECTIVE UNLESS AND UNTIL WASHINGTON NATIONAL INSURANCE COMPANY'S NOME OFFICE APPROVES THIS APPLICATION. " i Signed at this day of 1t Signature of } ' ? x Witness Authorized Represontaliw p rsiee.r 1 + war _ f y+ l + SUPPLEMENT TO MASTER APPLICATION 4 WASHINGTON NATIONAL INSURANCE COMPANY State law requires that the Company offer each Policyholder certain covertge(sI which the Policyholder may either accept or reject. A Policyholder who accepts this coverage must complete and sign section I of this ' form. A Policyholder who rejects it must sign section 'I. t 1. Inconsideration of the additional premium required, if any, l request that the Company add the optional coverage(s) liste. below to my new or revised group health policy. Mental Illness sJ~"`1 1 CP Y bL. L jot , Y y~ t 5 y J JJJ t- ,dry' d' t r f t ' J' $ai t'h 3 , f/ 9i it ks 1y, , 1 F r AA This additional coverage shall btcome effective on: j i i p' ~pn'`' yyt~ ~ S the,date the policy to effective, if it is a new policy, or I ' the date of the reviston which caused this optional coverage to be offered, if the policy is being revised. k' % v< Date Signature of Policyholder , y i z It. I do not wait the additional optional coveragels) offered above. n a Date Signaturt of Policyholder gixti;x~r,4' r , t If this coverage is being offered because this Is a new Policyholder, this form shall be attached to and made s, part df the Master Application, and submitted with the Master Ap lication. If this coverage is being offered s I We p < r suss an existing policy Is being revised, this form shall be considered a supplement to the original Muter d, Application the Policyholder has already submitted, FIS789 r . (assl ' Tx S a r• ' ' y 1 y 1 r CfrY of DENTON l213 E. A1cKlnney / Denton, roxac ?W1 Y t, 1. ` MEMORANDUM ~ t (3 TO: Betty McKean, Executive Director f' Municipal Services and Economic Development M .'f'air - i Thomse W. Klink, Director Personnel/Fmployae Relations ` DATE: September 16, 1981 ,M1 SUBJECT: Health and Life Insurance Bid Proposal " This romlC summarizes the events leading to and the recommendations related to the Health and Life Insurance bid proposal. cr~~'," ~ ~ ~ 7 HaC~S9rOWd ' ~ k According to,City Council directive, the City is required to rebid the health .k F and life contracts every three years. Life Insurance ;F. CcpSnY of the SoutMwest has s*niatered the City's health and life, insurance plane since 1979. Iiowkver► the health and life insurance plans were rebid in 1983, and Life forur&roOe the , tyCanpanY of the Southwest was awarded the health and life contracts ti 1 < 2he City's health insurance plan is self-insured. This means that premium revenues are used to s pay claims and hic &dodnister expenses. To protect the city's insurance plan from catastrophic lo losses s, aggregate stop-loss insurance . . and individual stop-IOU insurance coverage is purchased. Aggregate stop-foes w . coverage reimburses the apZoyer for the excess amount above the deductible at the end of the contract period. Individual bto U r*iate the employer forexpenses in excess of the individual deductible. For examples 4 k,;,F TOTAL CLXIMS $9650000 i rya AOGP=T6 STOP-LOSS DEDUCTIBLE $845,000 v Sias ~ CITY REI) $100►000 e r a 114DIVIWAL CLAI?t 65,000 r INDIVIDUAL STOP-LOSS DEDUCTIBLE 60.000 ' 4 CITY RED?iB SED r ~ SI~ . ,R"~'M+4At4akx ~2vlbR`:ffi4'~~.,i.t mJvsr, ..w p ' 4 ~ d' Y [ i e J '4 . r r Insurance Bid Page 2 ' Health Insurance Bid Proposals Eight bids were received for the health and life insurance coverage and one bid was for life insurance coverage only. Bid proposals were submitted by the <r following corpanies: r o Bquitable/Hquioor r o Washington National/Coordinated Benefit Systems o Blue Cross/Blue Shield/Health Care Benefits Inc, " o Cigna/Group Ad,.dnistrators o TransAmerica Occidental/Group Administrators o Transpost Life o Life Insurance Company of the Southwest/Health Economics Corporation o Manufacturers (Bid was not cxx idered since they would not waive Y„ 'actively-at-work' clause) o Maccabees Life only v^ " { Bid Proposal Evaluation Y~ziu health care system is becoming increasingly complex and difficult to a' s manage both by employers and employees. Each year the need to manage health ' tyre ants becomes more important for organizations to provide adequate coverage for employees and their families and at the same time control costs. TM City of Denton included in its proposal several avenue for better ~ Of these costs such as a utilization review and ^ Pr Z torganization. Because of the ertft program of a Preferred ( chose d Wid'Party Administrator capable of particular to control theta, we ~ prov providing the City with effective aiyd uaable statistical data. This information is necessary to target eitotasiveooets and initiate actions to improve oobt effectiveness, ~A Other criteria used in evaluating the bid proposals were: ,'~r try; Y o Overall coat (See Appendix A) tl, ; ~k= o Quality of services 17 Claims processing : a Management reports ~y Y .t o Stability of firm Y ` o staff experience o Inplementation/Oonversion issues J irs ;E Y.. -a.r., Y'..~FMgkk3•i pSh,+Y;y,w.wW it h i 1 Nlf a ayrll , . c ,.,y.. Insurance Bid Page 3 ib4 2hree Proposals Based on the above criteria, three top bid proposals were chosen: o Cigna/Group Administrators I a o Life insurance ompany of the Southwest/Health Economics Corporation ~ o Washington Natioiwnal/Coordinated Benefit Systems EE t These three proposals were subs , equently evaluated based on: - references r - on site evaluation visits i - advantages/disadvantages of capabilities relative to City of Denton's needs r - client size currently serviced f„ (See attached advan s disadvan tags / Cages in , Appendix B) `r Moommendaticne 1P 3r ' r r~ eased an an indepth evaluation, we are recommending that Washington ~ Nitional/Coordinated Benefit Systems become the City's Stop Loess Health Insurance Carrier and third Party Administrator. Our reconma<ndation is based on ,the following o Claims Processing System y j o claim i Client Si E . a Current y Serviced •,x 0 Responsiveness to city's Needs A References k , 41, 1 Coordinated Benefit system has one of the best claims processi the industry and a demonstrated 981 accuracy and turnaround timeg 3 p"etas ayingin claims, This system is integrated, with unique audit capabilities. 'their f' staff's experience Is strong and they have shown significant abilities to analyze claims tnformetion and provide management tnformstion tailored to a f ° elient's needs and requests. their track record includes assisting the City t of Austin (10,000 employee group) in significant dollar savings on their claims and administrative costs. A special benefit to the City of Denton Is A 4+r. installation of a c+anputer terminal (at no cost) in our Personnel Department ' 4tn+~ ' to allow us access to claims data. This will provide us immediate access to the status of our employees' claims Increasing the responsiveness to the ' employee and saving staff time and telephone expense, t~ru 'r it ' Claims Bxcerienoe and FwA projections Appendix C outlines the claims experience for FY 86/87, Due to several large claims, August claims increased significantly above our average monthly claims r, of approximately $50,000. Our projected costs assume a 101 increase in claims for FY 87/88, ,:vc .v wa........_,.. fl s.slly J+fGB ,.^ir a 1 , ' S. Insurance Bid Pege 4 t , I 1 Y Clost I the cost submitted by Washington National/Coordinated Benefit 4 , on 424 employees and 208 dependents and is outlined below: Systems is based p, Estimated Fixed Costs F ♦ "ki'kp Projected Annual individual Stop-Loss ($3.29 x 475 emp x 12) $270,743 ($3.39 x 221 dap x 12) i Aggregate Stop-Loss Premium (Flat Rate) Projected Adniniatrative Casts ($5.78 x 475 e p x 22) 9,075 > TCCAL HOJEM FIJ= 0%75 32,915 Premium Rate increases Every effort has been made to keep from increasing insurance rates, jM However, to ensure that we have enough dollars to cover the increase in claims caused i R jq,d S+W+ by skyrocketing medical costs we are forced to raise both employee contributions to the health insurance plan. employer and w. till' ;a Since the City is relf-insured, premium revenues are used to administer expenses. the self insurance plan has a pay claims and ~J xperieed Urge .'shock claims' detailed in the attached adix o.ncTo hone unusually the'se cost's Wd are recam,6nding that ~loY rates be Inc a help menage I " , : } effective 11/1/87. ates be reased as follows d 4 1. CITY (Monthly Rates) p , r ^ FJ ♦Y M1, ~.yy~ DOLiJIyR~/IJ~ACT «W'WF.D 0 PROM t y l ftpl Ally 0 , F`h 0 0 &ployee and Spouse 69.26 76.18 $ 6.92 bployee and Children 43.76 48.14 $ 4.38 B:ployee and Family 95.72 112.00 $16.28 } The Lf A ,11. ~td,;1 M1 + City presently contributes 76.36 a r program and has per employee per month to the insurance budgeted a 15% increase effective 10/1/87. This would increase the City's contribution to $87.80. With the rise In healthcare oasts, it is necessary to increase rates to effectively fund the health o-'4J4 program. A A suour t l w progra. r aye of area employer rates indicates that the city of Denton'e competitive with other organizations in the area. R r~ i Y r 9 ! • .fY;,-^.i♦>,Y.:;2.au.'AFe 7.4S4a.F.sww=esiw.. Y ,rr ~ s e i t Y h r r ~ ` } i. r r`1 f, Insurance Bid Page 5 1 8salth Insurance Coverage Enhancements 7he proposed benefit schedule for FY 87/88 includes recommended improved benefit coverages as follows: o Optical/Vision - New Benefit o Inpatient Psychiatric - Benefit Dftncement. We will be instituting the approved 87/88 budget funding for the Preferred Provider organization (PPO) and a Utilization Review program. Zhese programs will be administered by Southwest Health Plan. It is estimated that these programs will save approximately 101 on claims costs. The cost of this program is $2.10 per loyee per month or assuming that there are 475 employe" in the p1an11,970 per year. In addition, the Washington National t bid will increase the 1 fetime maximum coverage for each employee and dependent from $250,000 to $1,000,000. 4 Health Insurance Fund Projection 44 M1 ~S';y', In order to provide an analysis of these recommended rate increases, projected claims costs, and anticipated savings, projections have been developed based on the following assumptions: s _Total Employees t Rate Increase Other Factors n t 15% - City Portion lot claims Increase 475 10% - Employee and spouse 101 Inflation 10% - Employee and Children 10% savirng-M and sad .^r 17% - Employee and Family Management r, Appendix E shows the projected impact to the self insurance fund. It further indicates that the fund should remain in a positive position given these reasonable asaumptions. fife Insurance Ooyerage D tone nt The following oompanies submitted life insurance coverage bids in conjunction with their health reinzurance and administrative services bids. Dquitable/squicor $.40/1000 ry ,a r u Mahington National/ $.21/1000 Coordinated Benefit Systems r, r r $.35/1000 , Blue cross/Blue Shield Health We Benefits Inc. { r r + insurance Bid Page 6 4' Cigna/Group Administrators .31/1000 * Y ''Y TransAmerica Occidental Group $ 31/1000 administrators Transport We $.37/3000 r r' , Life Insurance Company of the $.33/3000 Southwest/Health Economics corporation Maccabbees $.21/1000 }5` The life insurance program for ry eya was budgeted at $.44/1000. The a, rK estimated cost for this program is $56,686. Washington National submitted a life insurance bid for .21/1000. $ the estimated cost for this progra is ; $50,045. Due to the cost savings resulting from this bid, the staff Is r 41 } recoiwending that life insurance benefits be increased to one times annual salary. wry Anenorwis amount of research has been spent evaluating the insurance bid pcopoeals, We have made every effort to be sensitive to the eeployees! needs arid.codcerna. Therefore, after carefel consideration,. we are,ceoaanonding *Ai-*bn National/coordinated Benefit sysiwe be awarded.the bai!'rec#s to , administer the' Uty's health Insurance Programs'and Southwest Health Preferred Network be atisrded'a contract to provide utilization review and administer the ~ Preferred P=Aei Organization. If you have any questioner or need additional information, please let me know. 5~ a e, v [r 7hon" W' fj '4 1 J c f .t t r , r arf;~;p '4. rS attachments +j 1195a 092587:0510 y . . ` .r . . . _ , _ r.'w'KY~dMC4,dr btAllrl`.J.'~Wt+.ll rMi Y..v.YP.x.~ n ru t r P , e;,i ~ I I r_ ,i e ! jj t i r 4 ~i"'°r:.~`~:.'Cw•... ....,w..~m...n,c.+n~+ww,..9.ar.--. e. -.~.,.y.zy-...q-wn ~e,M,+nxrrtr.Maa~ww64+.. I , i APPEMIX A CLAIMS PROCESSING AD14INISMTIVE OOST PROFILE OF TOP THE PROPOSALS Washington National Cigna Law Coordinated Benefit stems Group Admin. Health Economics HAX.L. o' Cla.ime Liability { r6gale olaims factor x projected $845,000 $781,128 $726,355 +ap.byeea x 12) lixid Oasts 18,753 113,851 (employee) 15,618 14tintlal IndiVidu+►1 Stop Loss $3.29/employee/month) $2.43/ovlw"/malth) • $2.7~/eAaplaysa/faonth) (pokium x eaployae/dependent x 12) 8,990 9,733 (dependent) 12,305 ($3.39/dependent/month) ($3.67/dependent/month) ($4,61/dspwi%*/wnEh) W60to Stop Was PC'mium $ 9,075 $ 5,000 $ 7,625 ; ' a 1►inistfatfod' Faa' 32,946 21075 320775 , $ $ f~ (Ad~inieEcAf" fee x aaployeea x 12} ($5.78/employee/Ranth) (3.75/~oplcyee/month) $5.75/eNployria/~onl 8ti 8p .lee None $ 2,000 Nona , vota1 Fixeb+Coets $ 69,764 $510959 $ 68,323 Mployee 475 dependent ■ 221 ~4213PJp. 6 , y I j, lr IY ! k ~ ~ f Y yy r AW ~`','SG I {.w 1. +r' ~ ' - f 1 I !Z 5 l 1~ p l '1~}Slr f~ ` R ~ / r vJ I I I g a ar t { S APPENDIX B ADVANTAGES AND DISADVANrAM TOP THREB PAOPOGAIS Bealth E'COgoadc»s CUP Coocdlnated Benefits Systems Group Adninlstratots Cost,-, 68illl Chet - $60,761 oust - $51,954 a M ark" ao&s Adv to es Disadvantages Advent vi o Sscellent claims o Bscaot O&Vlaints due o excellent claims o New Ccapany - o Cost - #51,959 o C*cks iswd on a W0016", system to transition to new Processing system has only been scheduled basis syst1w • In business o Turnaround on )'Moe monthly) O sn~e4rar .sY~M o integrated system since 7/86 claim 10-15 v Ciaiss piooaseile4 , 0 81ow !d raaponding to Claims processing dayse 971 level o Sift of client Chiefs io.1014 tt4w; tsle ning to - Clalsr analysis of accuracy lisdted 1 c F - Unique &Alt + o li6iltly !o'erad~ capabilities o Doss riot Gwe the hialtboide silvloas o suatatowsi an claim i11ty to ti iltotilder snd for city of Denton ham o Ability to trade e~es n bap1t111 bseel a1ow, lioweeete healthGre services tpsipotts e of ' otw olist" buT Use iProrrider ens track hsalthars 0 Mo ttsssltlos ptsb att~ saEpstiMf01+W bospitall s+ivEce LO, 10 do luirr~wiM. teal tMt ptddm o Will install temp o Liexperlerloe vith otilillsl "M' could Eros inal at site at no data analyt's At#scost t ~ Et oonwralon cosl o Significant caps- o Eatterenass - good { but o StrnklE p~o~bsd saaw" 0 "t twraov.ir bilidw to 1e1P do o earl LO d4i dad ela si ~i ~r f current restructuring city eve" costs not riq~Eiis data !71 irral'oi 'Y wiysis o tscell*at response to client's 0 irtereeWrs goad specific needs and regirweLa , 0li187:0/10 7- 1 77777 0 -k a h 4I t r ;w k'r. r ~ @ 1 • 1. X I ' 1 K p . i f" ' Y . i 14 ,A r , i; to ~ ~ ~ - tr N,~ 1 d, r,.l..r!R.n e...,afP7M'x„qM+a~,....__.. re" Z AWAWW S AND DISAWANTAGES TOP nME PROrOSAIS - (cont.) coordinated Benefits Systems Group Adninistrators ~pga1G Corp K"Ith Oust - Br323 Ooat - j69,761 cost -$51,059 Advent s Disadvant Advent s Dlsadv o TvFar on /f claims 10 - 15 days 981 level of axvracy o O*ds produced day P other claims rf pro;esaed . o Egarlence of staff .I o Hoferenoes - Very good o byeriences with l lar9e groups (City of Austin 10000 saployes `j 9COUP) 1 i '4 GItIt~7r~SS5 r I n yG r° i i c r , w~ ~N+ sew ih , 4r t , s e , ? t. f 1 ~ C 1 . H ) Tl: 4. l .r ~M1jI, 7(J ' If 1 v f ! 7 1 ~ ~ J 1 I . I ~ 3S APPENDIX C A lii• ,y r YAM CLAIMS COST iF YTD CLAIMS (10/1/86 to 8/31/87) $594,195.74 y~~ ,j YTD RETENTION 39 4~ 766 YID TOTAL T632,672!00 I AV, YTD wo. MOMMY CLAM CWT $ 57,515.64 5`~ ~i ; 4r"a l+fRfffffffffff+ffff/fff+ffiflfffffflfiffflfffikffifff#ff+/ffffHffNf*iff+/+fi Ya~.{F ~,'J 6 October 1986 36,219.20 ~~rr at Claims (10/02/86 to 10/31/86) $ f 3 tre,:r * Retention 2 344.38 $ 3 58 f Total , Novelrber 1986 "Claims'(11/Ol/86 to 11/30/86) $ 581707.40 a7 6 043.57 ` Retention $ b41 50.97 A `f Aj,r z Claims (12/01/86 to 12/31/86) $ 771529.87 4 357 26 'Ttlt~tion 99- 42: Ip~, Total $ 8 , 7. 3 ILI e kiln S t i l~ 'Va[N~a1y l9~ / • ; ~ a A 1 1 A y, Y.. As. Cleimss ~l/1/87 t0 1/31/87} $ 641465.07 IL 1%, > ~s k k' 39 99: 74 18 i Rete+ntion wa y,.ti 1', PwbtuarY 1987 .~y.. to 2/28/87) $ 24,807.43 a 1 364 41. d ! - f Retention 26J~ t March 198'1 r I FM x 1'fl I, Claims' (3J1/87 to 3/31/87) $ 31,278.97 a s Reten£it+n 2.010.69 I.IS i,' cfi Total $ 331289.66 ; r } ,4 ~ , ~4• _r , 1, y e , A~ F i+ •1 E r ~.1 Lr,; P J E 1"~ , \ ~ ~ ~ f . it l+ y ~ rY r. f ( , ~'f ~'r~,. . t li~ S n w 1 ,V r }l5 YTi~d1 . ) C\[ 1;Y Ili 1 JI 1 it 5 , r [ r: 1 1~ 'I fir, , a fa r x R 1'! ql yr~I PII r !r i !P k 'A 1 1 •y1 i~. F y',. „ ~Aril 1987 S I Claims (4/l/87 to 4/30/87) $ 46,524,60 y r J~ Y Retention 3,870.92 ; Total $ 501395.52 + ,'r 1{y~?`' 1 r"~ 1 - YAY 1987 1 1 1 + s' Claire (5/1/87 to 5/31/87) 38,097.91 3b`krA,,; a '~i Retention 21339.58 Total $ 40, 437.49 I s T r } ( June 1987 44, Claims (6/1/87 to 6/30/87) $ 37,304.02 ` ReteRtion 2 x51.72 'Total $ 391355,74 Jul 1987 J lV y[ t I a h Claims (7/l/97 to 7/31/87) $ 17,139.81 ~F,• , pion 9 f4 58 y ± „ , $x,084+34 AUguust 1987 Ci4+W (8/1/87 to 8/31/87) 162,121 46 , Retention 9 1C4. v, 97 7 TotAi $ 171,28.5.43 ry'r~ h k~~. r Y Y tip lohwy Administrative Cost (5.54 of paid claims and coordination of benefit t c1ailAS) , > s p : A J' 4 d z d 39D6P/pfw`l. s } JJ I M1 yv ~~,~.~•yyk~~1tT'IRl i,.,,.~,~, ,.x„ ~ _ •'YVU.rY" yif/pNM~~., :~I IN, 47 411 T ( ; - ci y.a4 g~ . i 1 , v ; d 1 d r 1 ~r- x d 9 4♦ ' Q 1 Rl ) 41r . , i % x arYt i ix ~ ~ ~.a ; t r~ ~ r I r ~t r. i ~ n E APPENDIX D W t''+ S}iOM CI.AIKS FY 1987/88 4. 1 YIA 1 y{' I! f 11 r Y 1[' . 4: 1 PATIENT IL[AM CQ6T t ;6 Dependent Brain Tumr 14,182.b5~ "tad"~ x~' ~~f Y~~ Dependent Stroke 71,107.85 Ir-+~ D►~per~deat Premature Birth 31,631.92 ~rl &V14ve Intervertable Disk_ 24,466.19 3 d, ~~ar , I`s bel,oyee Gall Bladder ~S,!'s .97 is" "5= Y Eoploy" deceased? Cancer bployee Urinary $ 12 307.U1 it Fr ~ ~ "r ` 1 f f ~ryy~~=. #2021$07.01 t4 • Flfl VifVJ Vbv. • I' 1 .;r. s Y t *Anticipate over $60,000 + na (wj ~f 11 '~7}1°l I f a ',L4 1L frr a r. # 4S a~yy ~z~ 5 "Y' ! . : YYti i C Y! ~ y~Y , r , w ~.116r ~ ~ [ r t V r ~ Y r. 092787 t 1035 a~ A ~ e r r ~ w M 11 ~,d a f p t I a 7r' 8 ! I ' 44 rl ,C'p~ vY}1 A k' '1! 1~ r k ~ S` l ~ i y ~ SIN i:~, pi,+p~ IYY tl A i l X11 t ~ J n ~ ! r YVpeY" 1i y.. +F. ~ " + n l ~ 4 t • 1 Fat ri.<!. ,i , i~...~ a ! .r,~'' . r" Y, M`,?., { F• t „ ,•r r a , , * p 11ty .raP I `a .,f~ ~ 1, •t ~ 4, ~F r Y3 1~^` F Ja " > ! i F e P ~r f d ~ r f ~1 I ` 1 a r f J w t rl r 'w r, P y 1' r ~ t` + F[ d F n . . s t , A r 7 ! t $ r G, 1 S 4 f 1h ~r ~ i e, r L ~ >~r pl ix'j ( a i r t a~tl t,'E ~i w , 1 r n 1 b~ A l 1 All if 1,Y r. ~ a r l r t•rX dddddd~~*~~* I' 8x tc<w r' r " I r , l~ I" r r ~ K. r 'ri itf rl ~ F t r i d y Y4 r1 ! I,. err" t r~r.'~~~k{p` x ~Q~ G ~a7d1/>f .i v, IiY ~ ,Lrpy y~y 4" 1 x y1 d r} r <aY"` y~n'rA~iw 4 d } I 4 Y. -"-.nww"'M►YLMrMI •.M!'~^^'~w"--i~ 4A S 1 r F~, P r,,i v4 2 r F " f r or IL, r I 1 ~ r t ! J ' M r 04 { l~ S 4, 1' S]A ul,~ r G 7'r,~ > J t~ ~ 1 c I « ~ a ~ ti~~ ~ " r s 1 l` ; r !3 t t f rN n4J yr~rx { l» ''ti , i 41 1 d j r r r4 r rr l 1 Sr I I 4 j y« r aiil q 1u iZ;,r:Y 'wrr' 'Y~I'" P.Ie 1 .a r ^ +t Ir a ,5 e;,,. r~.r I .t~~' •.k Mf r, ~l i`M1yIYY III~o 5i xy~°u (o'd~lr ar i. .x.11 r 1 i r ,r { i1~F 5 r ~ l l yy~~ kk tl } x a t ~i r ' r. a F q.J F Y t r4 j" G r" T< ~•4.. J f ,..Q 7 4} I rq R ~ 1. ♦ 7 x tf r "4 k ~ A ! ++°k C7 {4 'hq } { + a 1 " f ,y / M r y r . F^,~i0 apry9: ~l N ~ i~ . Y. .•.r'opkw ~Wmr`•rw-w~~n«.n . f HEALTH INS FUND PROJEO710NS FOR FY 87/88 rY 0.9 l r~ ks 6.7 Ly r~ C) 06 a ~ r r i , 0.3 t 0 1/ 473 .500 525 NUMBER OF EMPLOYEES CLAIMS FIX OSTS Mm FUND DAL NO a , y, . IGr41 r ' N~ r r ; r ~ iw "~~~t , ;r r r r ~ e 4 u • L w y! Y c t . 11 ?"IA'~r err. . r. M . ww "WIMONS IlUll awim F noUll r h - a2ae nawpq 4Yi ~1' 073 su A". No 101 OL7M DKW !a nnm !a Urn" i wee t7lOM !OOM um !AOl00~ 11/11 um t ' cv, Df1AfQ Clli MSpQi ti ~4w S y' Y~' s ~l10!!t OdI }1.30 11.11 MID 1 RM rir~t Y r 40.26 fF7+`'F Ifs.^~'" q a a' OHM 0 N1~ 13.71 00.14 ld J 136 ' 'Y~ry 111 1' ~ ~ ~ . ' Pr 4 1,' rAw (till - 101/111 ! eti ~R~~~,L, ; : lirr • torn ~ ~ lase IT mm a row a zanz t ' r, CJOIIORi 11!010 1~A1 { L F z 4.~~ i F 71.11 WIN 1.00 MR.q 4 . 1 0.20 03.00 2.00 SP0.30 4 1, S ti' 13.70 02.00 2.00 301.14 f !1.72 113.00 2.00 23507.12 ' L, F, fE1.3011L 0!!3}.7{ p S 0 1, t S 11,,.E if aye 10/10 om IN xm a "lu E.~~~~y.'~ ''bolor ►oa MIS Ot.l! 071.00 11.00 10613!.10 ar''"` X1.2! 13.00 11.00 30033.01 ~,S 1 f ' F i f 11.11 N.00 11.00 21113.11 { « r 111,!1 130,00 13,10 100140.11 i 1,~~ l11~'lO:x6 i!llk." ll ~ t r ^-•-wr.w.w~+.w ..."'.1lFMlA4: n yMylfitww'^' i nd' M.n ~ ~Y~f idh.~ 4^ ♦ f , 1 t " _ 10 ,~4 r 4 rn h I ";A 'Ile I S t p~,. 1 1 + JN It 7 i r r I ' I ~ ~ filtl!! fop 700.00 ,t f ,4 loam twu 10/1/v i5117.7i x k M M I,' r, 7f1110.Tf t L" anym It,4 ~5F h1 a} T mam A e ✓ a F - a } ~ s , y 173171.11 r tv" k 1 "MMOM kY fI e ` T . S'} Rai" L YJ~ v h ~'-N1l~t~ 99.10 ' r T2! k ' ^ Mam no >4~ ` ~ , rr l~~ IYfW 110/IY-70/11 ` s x 711100.00 l011L mam A am I r r Now mu'um 15m.00 4!'0lil, 10000.00 ,.r 11171.A + fd f10a7m I .YI 14 kl 0 1 ~ ~ ~ ~ ~ 14 1 1: x 4f. k ! a"h~,l~ , t is , f~f0f fAM 1 r , f?7f7.f1 E r ~ r., ~ . 1AM i , v~'T 975.00 4 IQ dr `Ay t ~k~ y f4, Hf6 5H17. ~ 33!11.00 `~~f~ g~;~~ ~ Y " 11M•11/17) .1013.00 ~ ' ~ ,:~i4. 'K,1, d , v rte, ~ ' - ; ~ ! G ' NIl1.31 r y{I,r ;r~ a k""', 11170.00 >YLt1 , ~et ~r; N X113 ai~.sk~.di1 adre'4 4~k S; w►aw~ •1101 , + YI ! ~ } 15310.00 Xs s , S b 4 c r jib A ♦ IQ tl T r 4 Tt n 9 i+t w✓4[ .S: ~ 'mil T, E. r ~ , ~ ~ ^ ~ ~ . ~ i w.':~' , ~I S iS:~t~cyt,4"~. y~f 4 . al } I ~~yx~ ~ar,a L° ` r r d,~ ip'? qaC [ Fax l,Ay 4 WWI= fad R Ills MitL!! 1101= s6oaMi Dc" -4 un so"M is 140. No. oiDSi mum ly i A.. 11% am saw la WWI lot IM-4 1 06 t, ~ J ri t ..may Mm ~ mm ~ W= am 74.34 16.11 arm i RM 6s.26 + ~ 1 4'S ;40. 1i $ ~'1 .16 16,11 11 ,11 rroa 4 amp p a ; fi! ti III A ` } MfIAS~ 6 1MMI lS.12 rr~~ soon , 2~1lCl10M6 ~ r#' ' ~ a/n • 10101 lfn.-;10/11 YYI r 1!!011 y ~ Iit kJ y~i YES r +N„p; ' 1~1 Fr'f6. MAO r ti 63.00 2.00 Sssirli 61.24 ; ew'i. , 43.14 11,00 1.00 1i1334 ~a lS,f1 Moo 1.00 1li47.12 1 k bin.li 1 6wYOl1L lilts x tl f Y 1a$ It am at smear sa t /1:,660 Igo 0.11 !00.06 11,00 511114.00 1 fills 16.00 11,00 3"12.07 1111 11.00 11.00 2SI1S.i1 j t y t lI1,N 110.00 11.00 *717.44 fJ. aAv 7717M.34 vA, A, s0l11 lam.lo 14 t I 1 ~ ~~,(t ~I~ , r~~4~ f ,•i: , r ? , -I • - _..,,•n,aY,,A6;~0~ j r~ tY ~ . ~ I f Fee 1' 4 v T >ta r ` r` y 1 Wyk. r t 1 i , , r' a p} Os i um In z "Mcm r' 1/17 - 1010 yr S, no No s ma 1111111 7W.00 0100L7sP~ ,ti ' = } • t4h111 69".71 IWIM - 14/1/0 7717!!.14 .nom F S4 V: 5 1l x. 1 14111 11000.00 IMMM W x !!1717.10 "on= wAn ,w r aus a~7-14m1 33000,W , . Trk' mum ow k vie Y , a11r (10/17 141111 13400.00 4 a+k+'° P f r~1 w ~y x `Yr 1 Y i ~`1 ; ~Yti a. a * ph7~1M1 . MGM am clay N30W.oo 71737.10 aaa t swift y r n y 11~.~r T:I lo~ Af t + i` 417wf~ 11111 1441.06 f,. /OWL 1!1100 54 a UK Plum " rift 011411 F i "bum l l~ hTdp+~~~ {~~z >siWl 1. 41 0 11~ W !Ol7~.U I r * 4'1~ l} ! i;~ ! • M>!N 14!! ' ~ ° ~'Y s ' T t on* 11011 64W.00 I" NOW* 1011.64 `~'9in b!' ~,.1 ~u l\ ~`~I ..l.A..... } - _ _ ~"'•rn4:q*YrWWW-exYOVhw.~~""._ _ _ ....y,..,.Mr1y4w1~~~11'~'-M/ ~ a ,6F j~ r5 v Y~: r Y ' v ° ~Yi +ti :pa[[ ,l 1LFle „I 1 {k ' t ' e Ilt' ~E+ 5y♦ r~ * ry i f 11 r 1y , i a °.1 + , , lo. ~ Y ~ . I ncucnau 11011'[ 17!11 >r~s a~Dl3res I ` tloaur , ' ~ 1S4 1111 nic1~1 ` ••1 ma dL7 m(g) 3m 1W. ID. yi4 it J t 1e\I ~i 1~ ~ r r P {i ! 244 131CiW1 R i 1,~ IIFLl141 * Y 104 4I9D0~01 ~ )oe u~irf ( ~ S. elf CU001! Comm 11!16 110101m 11117 11lfa cm ww= cm IWIM !#fm 01sT 74.31 17.11 525 wm i 110011 Wif 44.1! ~p4}f li ~ v MK{ t 11tWM 4 C1mm 43.74 41.14 ELK Y e 7 i i y. so i. l 1 Iii Yk I' " p BMW 6 !'YGli 03.42 111.!! i l; 1 r° 177-, \dti. "aam ~ 3,1~ ~I ~v"~ ilhllll ~ Ir• . ~ . R , !m • 16/17. p ' ' ' ~ W ral~a Yy, ti"f in 1R ow s ~i >~~1 I + li ~~r ti~ lit bow 111011 j 74.34 4!0.00 1.00 MUM 6!v26 43.00 0.00 3156.14 i I t kr. alb 41,76 41.00 0,00 347S.04 sa ~ ~"e t ~ 'fi "i IS 477 1!3.00 1.00 23517. i! I i ti di 1 L S4441-1'4115. ~M • 1101 f i L+J~ , ~ r, w 4 lom'• 10/01ow or 4001E C11lObltt PUN pOplff f 17.11 315.00 12.00 !31226.20 41.00 11.00 14226.!1 ;•q,~a;r~ ^ " 10.11 50.00 11,00 26474.10 f4s f1,; iN4 fytil. ~i 1 d 115.00 11.00 21SS6S.Y1 it ~KI~; rtiiii } 1'0?l5 14US2.34 , I ,fir; ~x:~ ~ r'•~ V I ~?;ul ~r f 7w , t b.4 4 w . e vo'. a Sin ~ YC~I~ 5 i i I i ~~R `b Sid ~d4a'~t v~"'.; ..,r r G vla ~ ~ a I• 1f~ Is~~s ~d z -t f I .,v , i y f~Ly, ~f r. , r I it i . ~ y~7,S 1 it ' r ~ n i ~.1'~ f f ' 1 erc f r r ' RUN m YI fflOJlC"m + JIM in mum 1111117 15006.00 tiflT ofr ' ` "AIM NOODf1 !/1/17 -10/1/" !Sl57.fi ' , , i f1AlwCrm I'MQDr ~ ; ~i 1011/17 • 1011111 tSSSN.51 f no am m ' F513I0. ! N = 800.00 NOS.. x dim 0/17.10107} 55000.00 ~ Y 1ball - , r t K",, ' loam likw ,f, L' ° d 1M (10/17-10/11) t71slo.oo I S.T. !0110-•I dwM/1i-1A1M1 111100.00 iffilaW x'tCT~~r ao SAM LtY 141000.00 am k 15011.11 ~vlt i~4 rr y ~.Sy :k It'r M' ~I Ir a 110011D. ! yy I ,<t~ft ~ ftm 00111 } ~°4 mma }x 1lOF ~ 11112.N yx r 'r r a ~ , mom" a t 1010t!!1tllli 11it >FIN .00 ~ < J ,,1 4 } A ~ ~ HAW X1117-11/11) 1011.00 ' ~ 1wor g3/04 11► 1111.00 ' tii~~ .f "a hum Mt MOM 11051.14 7 iiyp ~ ' t f umbamm !!116.60 t "a "Ago 11N16.i6 tai` ~ r a@. fie' =-a Y r~ t E~ j~~~x~ r~"" ~ f . _ r. _ _ '°^+~O'"fY''~gV.{Wl~+bl~►P~.~fl~~!'n°'~ j , ~ t~~1q,f Y ! .ad 4 i},F b'. g ~W '4 ~d f u ~i i r ~ f tii J~ ~ e F v i ~ ~~r Y~' yip As 1~' i.'.rU;l 9 i ~1: +(F, * M1,: Y r t . , ,.lf i. rµ,' 4 .,fin t : 1 i~ a 1, 10 > iJ~j t 6 ~ 4 0 2045L NO. . AN ORDINANCE ACCEPTING THE PROPOSAL OF COORDINATED BENEFIT SYSTEMS, INC. TO PROVIDE THIRD PARTY ADMINISTRATIVE SERVICES FOR . THE CITY'S EMPLOYEE HEALTH INSURANCE PROGRAM; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SAID SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. P ;>f WHEREAS, the City has advertised and received proposals for third party administrative services for the City's employee "JI health insurance program; and S` WHEREAS, the City Manager having recommended to the City x' Council that the proposal of Coordinated Benefit Systems, Inc. for administrative services was the best proposal received by the City and that said proposal should be accepted, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 10 SECTION I. That the City hereby accepts the proposal of Coordinated Benefit Systems, Inc, to provide for third party administrative services for the City's employee health insurance xY program, and the Mayor is hereby authorized to execute an agreement for said services, a copy of which agreement is attached hereto and incorporated by reference herein. ' SECTION II. That the ex enditure of funds pursuant to said agreement "Is hereby authorized. f r hvt~"~~;°°`a SECTION 111. That this ordinance shall become effective imme a e y up its passage and approval, a" YYY~~TT 1 1r 1 PASSED AND APPROVED this the day of October, 1987. 5 ~~tiG~ Lfi r ~ 1 - , "I"• `d Y,rt'ir r . ATTEST: 5 id WIi"~j. t, r J( 1 1INNIFER ~I,w ih.l 1 CITY S JA!{L APPROVED AS TO LEGAL FORMS DEBRA ADAMS DRAYOVITCH, CITY ATTORNEY S r~~. 1 , a z pp fir,. ~S? BYt r 44~~ »4a 1,a1 fClFls~-~ of 1 ~.VS.A'Y/ ~f i ~ F t 'r 'k0 .+~t e' Ir'Z'i w r _ t 7477"', l7 • +,bl >i tyW ri' N: k L , l aM4 ' I 1 2045L ,I' va I r'1 I C +~trl,' THE STATE OF TEXAS I AGREEMENT BETWEEN THE CITY OF DENTON AND COORDINATED BENEFITS SYSTEMS, INC, ' COUNTY OF DENTON I THIS AGREEMENT, effective October 1, 1987 is made and entered into by and between Coordinated Benefits Systems, (CBS) Inc, and City of Denton ("Employer") having its offices at Denton, Texas. ~Y1 rw ,,`ys , ~ y PREMISES ~ WHEREAS, established a self-funded Employee {the City has *j; Welfare Benefit Plan pursuant to the Employee Retirement Income- vA~;t Security Act of 1974, as amended, (the "Plan") for certain ~+employees, 6f the City and for certain dependents of such employees ("Participants"); ar,d fNly.. S1 `,~.r~ e-EREAS, CBS; Inc. Is in the business of providing services rH{', in. con junction with such Plans, and the City desires to engage k' CBS, Inc. 'to, perform the services enumerated herein below; Rt N,OW, THEREFORE, in consideration of the premises end of the. mutual promises and covenants contained herein, the parties agree 1 S. f , x,,41 Ivl . ' ~ " w 4 1 f a 14 ffk12 r + t ,ppJ~ 14 r~, xr .r a I irfuwvw.w+^-'^j _ ~ . n,.an e d . iF 't r 1 r. cF,i1.?1~. ,J f 1 1 1 6. F, a ~r t f u, F „ TABLE 01 CONTF,NTS rt I. TERM OF AGREF• ENT 1.1 Term l 1.2 Termination 1.2.1 By the Parties 1 9 ; 1.2.2 By Law 1. 1.3 Effect of Termination 1 a r 11. PLAN 2.1 Plan Document l 2.2 Interpretation of Plan p, 2.3 Stop-Loss Insurance i ra s1 #w~ 4 2 111. SCOPE OF RELATIONSHIP I~, s . ti ,1 c 3.1 Agency 2 taxi' 3.2 Fiduciary ,'~~is"~t ± 3.3 Communications 2 3.4 Parties 2 tit s~ IV. DUTIES OF CBS, INC. M' =1 fatZ (f 1~ ~ p r~~i 4~1 Documentation 2 b 3 i .2 Claims Services f 'r 4.2.1 Practices and Procedures 3 4,2 .2 Services 4 sS Additional Serllces 3 $ 4 ~a 4.2.4 Reports a 4.3 Records and piles 4 j: a 4.4 Reports 4, '»k m~, 4,'S' Duty of Care 5 ♦ x ; 1,! V. DUTIES OF CITY S.1 Account S s,~ 5,1.1 Draft Authority on the Account 5 i 1',r 1' 5,2 Deterainstion of Service Fee 5.2 .1 :payment, 6f Service Fee 5 S422 Change of Service pee °wI 5.5 Taxes b fig, Y 54 Conversion Fee 5 53 Census W 5.6 Liability for Benefits b ~i'»»_» 5.7 indemnification b' Val, i 1;.~ VI. GENERAL PROVISIONS r+a`rwY'`.,M1• 6.1 Entire. Contract r6.2 Applicable Law 6.S Assignment ~r 7 J j ~M~.~~ f M q - ~ l' ypt 1y r C f n ~ 'flf } 1 rC', w. r..R r n.1C ai~~ i7€ 1 c ~F4p~rKh1.N,j~Y'FYII',1~`~yX~R~t.1.~c~a i }~`ire, '15~, x , d I » t~ 'f , • • ~ r J h b i4 'C S i Y ' ~ I v k 4h[A't'~X ''i, a' s^Npi 1'' r . 13 ,rv 4.r z9.lf n X41 . + i 1 I F r.l r4~~ ~~.~1 V~C ti,C ~a 1 , 1 1 t . t. M1 t ~I~ia f y. t tt 1 q " l~ t7"a I 1/_~3. Jy11. At < i , J, " t ,9 € a f` t J I ~ I e , I I. TERM OF AGREEMENT 1,1 Term. This Agreement shall commence October 1, 1987 and shall con nue in effect for three (3) years, unless terminated as provided herein below, In the third year, the parties may agree t-i renegotiate the scope of services and the consideration provided for herein and extend the term of this agreement. " 1.2 Termination. r¢ ti'" 1.2,1 By the Parties. Either Party may terminate this Agreement at antime , OR OR MiTHOUT CAUSE, by providin written , h notice to the other Party. Such termination shah become effective ONE HUNDRED AND TWENTY (120) DAYS after the date of receipt of ;such notice or a date specified therein, Either Party may terminate this Agreement if the other party fails to perform any of the provisions of this Agreement. Such termination shall { C; become effective THIRTY (30) WORKING DAYS after the date of receipt of written notice of such default(s) by the other Party, unless such other Party shall have cured such default(s) prior to the expiration of the THIRTY (30) DAY period. } r# 1 1,2,2 ~Byy~ ~L~~~a~v~. If any State or Federal law or regulation is ri,,: f}Q,4.( enacted or promuTgated which prohibits the performance of any of the duties hereunder, or if any law is interpreted to pprohibit such performance, this Agreement shall automatically teruinate as of the efiective date of such prohibition. k ~ " j 1.3 Effect of Termination, At of the effective date of terminatio•, o this greement, CBS, Inc. snail have no further duties of performance hereunder. The period between notice of termination and the effective date of termination shall be used to effect an orderly transfer of records and funds, if any, from j, JIA CBS Inc, to the City of Denton or to such person as the City may designate In writing. Y'r .rte u a " II. PLAN { a r 2,1 Plan Document No. GH-26S. All services to be provided by CBS, Inc. er~un er shall e performed pursuant to the I,, provisions of the Plan Document, as amended, A copy of the Plan Document and any amendments thereto shall be deemed to, form part F of this Agreement for such purpose, i 2,2 interpretation of the Plan, The City shall be the final '~tc,trx o " 07_, arbiter is "To e n erpre a on` of the Plan and as to the "I -IV ayment of benefits thereunder, CBS, Inc, shall consult with the ity ih the event questions concerning benefit matters arise. F J f'J , f I ' I 1 P PAGE 3 t+~,v~ G~n tq P ~~+e.r v.r++Wa+t.e».wwa. arrW.itti?,YYFi:,N'dMi.9,'.:A^~'/aW1Y r* '~f f ` 4 "fltlj. •4~1 II , A { _ 'A 1 r, ;'V t r i ~r 1,3 Stop_ Loss Insurance, Not withstanding any provision of this Agreement to the contrary and, in particular, Section 2,2 above, Washington National Life Insurance Company hereby retains the sole right to determine whether any pDayywent of benefits under the Plan shall be deemed to be a "ctaimI as defined in any individual or aggregate stop-loss policy of insurance issued by Washington National Life Insurance Company to the City, g, III. SCOPE OF RELATIONSHIP i 3.1 Agency. In performing the services hereunder, CBS, Inc, is acting so e y as the agent of the City; and the respective „ rights of the Parties shall be determined in accordance with the laws of agency. In the event that the City fails to comply with any federal or state law, CBS, Inc, shall S,ot be Ilable for any action brought against the Plan with regard to such failure. 3.2 Fiduciary. CBS, Inc. Is not and shall not be deemed to be a fiduciary of the Plan. Rathor, the duties of CBS, Inc. hereuri!er are ministerial in nature; and this Agreement shall not be deemed to confer or delegate any discretionary authority or control of the management of the Plan or of the management or ~,^rs . discretion of the assets of the Plan or to confer or delegate any discretionary authority or discretionary responsibility In the 1 , administration of t'1e Plan, 3.3 Communications. CBS9 Inc. shall be entitled to rely, ;x without question , upon any written or oral communication of the + =S; City, and the agents and employees thereof, which are believed by CBS Inc, to be genuine and to have been presented by a person having the apparent authority to do so. 3,4 Parties. This Agreement is between CBS, Inc. and the City, arddoes not create any rights or regal relationships between CBS, Inc, and any of the Participants or Beneficiaries under the Plan, r fir it° ~ , 4 ' IV. DUTIES OF CBS, INC, tw IA 1 4,1 Documentation, CBS, Inc. shall draft the Plan Document ''^r r' for the review an a royal of the City, and produce initial AI's booklets (describing the benefits of the Plan) in a quantity sufficient for distribution by the City to the employee Participants who are covered as of the effective date of the w Agreement. The City agreas to review and approve the booklets as 44, to form and content prior to such distribution and further agrees that such approval shall act as a release of CBS, Inc. of and ' rl K from any liabty to the City as to both form and content. The d~rt',c City understands that ERISA requires that its employee welfare ' benefit plan be established and maintained pursuant to a written In a c S yyj °i, PAGE 4 1~ lf { it P'ytt A M1 L , '4 r, 4 r1 v `r o .L t instrument (plan instrument or trust Instrument); and the City agrees that CBS, Inc. shall have no responsibility with respect to such instrument or with respect to the preparation or validity of such instrument. 4.2. Claims Services. CBS, Inc, agrees to perform the below enumerated serv tees with respect to the processing and payment of claims under the Plans 1, ' 4.2.1 Practices and Procedures. In performing such services, CB 9 nc. shall enp oy is standard practices and i procedures, whether written or otherwise; provided, however, such ! performance shall be subject to the provisions of this Agreement, and in particular, but without limitation, Section 2.2 above. Ny, 4,24 Services: CBS, Inc. agrees to: ` (a) provide claim forms to the City for ►ubmitting claims to , CBS, Inc.,, (b) receive claims and claims documentation; (c) correspond with the Participants and providers of h: ax, =r services if additional information ie deemed by CBS, Inc, to be necessary to complete the processing of claims; coordinate benefits payable under the Plan with other benefit plans, if any; 4f +(e) determine the amount of benefits payable under the Plan; (f) pay from the Account (as described in Section 5.1 below) the amount of benefits determined to b_ payable under the Plan;} the time for payment shall average not more than fifteen: (i5) days from the receipt of complete information to process the claim. r: a Og provide notice to Participants as to the reason(s) for Jonial of benefits and provide for the review of denied clatesi ; rovided, however, that such review shall be advisory to the City in accordance with section 2.2 above and shall not be deemed to a r be an 'exercise of discretion by CBS, Inc, in accordance with Section 3,t abovoi ra 4. (h) advise the City in writing of any rights to subrogation R, of which CbS, Inc, may become aware, 4,2,b Additional Services. CBS, Inc. agrees to provide the f' following serY ces or a c arga to be assessed at the time the ' service is provided: 'i t V fp E+ ' f' 4 n /i., ~y~ • 1 rrf ' PAGE 5 ?f~ W 'r. (a) hospital audits for claims exceeding ;10,000, (b) large case management, and (c) outside investigations and reviews. n` These services are provided only after City approval has been obtained. yy'd°b 4,2.4 Recovery of Payment, in the event payment is made to z 11~ or on beha o an ne g bIa employee Participant or any ineligible dependent of an employee Participant or that a payment 0is lade in excess of the amount properly payable, CBS, Inc. shall; (a) promptly advise the City of such event, and pj~ s 4.. (b) make a single demand with respect to the Participant in rtl~ ° writing for return of scch payment or overpayment and r4+a~f 4• report the result of such effort to the City. CBS9 Inc. shall have no further obligation with respect to et;~r,g i any such payment or overpayment, except that CBS, Inc. Is hereby },<~s•S<; authorized to offset against any unpaid claim of such employee Participant of any dependent thereof unless advised otherwise by ; the City. ;Zx. 4,3 Re orts and Files. CBS, inc. shall establish and aalntain a recor - eep ng system concerting the services to be performed hereunder. All such records shall be the property of tike;, r,~y the City and shall be delivered to the City upon termination of =,a ln.ls'Agreement 0 subject to the right of CBS, Inc. to copy and *y `,,e itl dlE retain all or any of such records as It deems in its interest to E ; do io.' All such records shall be available for inspection by the City at any time during nocnal business bouts at the office of CBS, Inc. In Dallas, Texas, upon reasonable prior notice. ' 1 4.4 Reports. CBS, Inc. shall provide the following to the rw ;<t city- (a) Explanation of Benefit Forms (as issued); (b) Check register (weekly)i - \ (c) Report of claims paid identified as to Participants (monthly)! ~i,7kr t t (d) tag Summery Report (monthly); a~,r. Ff arc a} r (e) Report of claims incurred but not reported (annually); 1'~r ~ t>r~ x:,'14, I Ir. . •`C iI i"Y It ~l, 1 ;OP " '"k l x fir. ~ 4 PAGE 6 ,.A ,+,Y Myv y,www,. ~ _..A.-...,,wav.,.y r•rws..+,..^•^• a ~ei, i ! N • r ° ~1 1 f~ ref 4' I," f ' 'r' M + of n .,.J f , .7 - {p i ~S Pow'. 9 'r S, r r c t i J ~5 by ~ , , lE lk' ~ ~ qqttA E 4r rl 1 , r C , v and in! he ensuiyngearyear (f) cost Reort s and operation guidelines for t (annually); (g) Claim Exceed Report (monthly); and (h) Top SO Provider Report (quarterly). q.S Duty Of Care, CBS, Inc. shall not be liable for any t ng rom the performance of its duties hereunder, ' loss rasaTT except for losses resulting directly from: " .f y I (a) the negligence of CBS, Inc„ or << (b) the failure of CBS, Inc. to follow the written directions of the City in the processing of a particular claim, or (c) the fraudulent or criminal a^ts of the agents or r} employees of CBS, Inc., whettt;r acting alone or in concert with others, Subject to the above, thfs defense of any legal action orought ` by or on behalf of any person, including, without limitations any + 'P Participant, Beneficiary, or fiduciary of the Plan, shall be the obligation of the City and shall not be the obligation of CBS, Inc. V, DUTIES OF THE CITY S,l; Account. The City shall establish, maintain, and fund a checking ac`-`crw ("Account") via Grand Bank, Lakewood for the ' ) } ~ ? (9, payment by CBS, Inc, of benefits under. the Plan. The City shall be list.a for all claim checks issued against the Account. CBS, f it } lnr, agrees to provides at its own expense, all claim checks for ' W ,`he purpose of issuing benefits for claims on the Account, S6141 Dr~sft Authorit on the Account, The City hereby grants to C , nc, au or y co ra ags nst the Account, k' 5,2 betereination of Service Fee. The City agrees to pay to j CB$0 Inca a e v ce ee aqua o S per Employee Benefit Plan Partici ant per month. S,2,1 payment of Service Fee. Upon receipt of the invoice, which is furs s e y B, nc. on a monthly basis, the, City , agrees to pay to CBS, Inc. the Service Fee as determined by Section 5,2 above, 52,2 Change of Service Fee. CBS, Inc. reserves the right to change the erv co roe app cable to this Agreement should }Y 4 1, PAGE 7 i. , ,fir r* t _ swt a,.p,rt.LLYSeASkY".Y+I7R+~'ih. jS.a F/ WI&W*~"'"`~'• !r ~ R rig, r :p.. a ,~j sr x t •~rM n I tn • 4 c~ q , , m r ! r' 11 tf~Yr' ? alp" h'? + ` i ~t~. f M1 the number of City employees reach 1,200 or more. The totals Of any increases shall not exceed seven percent (71). Written notice of such change shall be furnished to the City at least j thirty-one (31) days prior to the effective date of such change. S.3 Taxes. The City agrees to pay any and all taxes, licenses anTi-F"em: levied, if any, by any Local, State, or Federal ti authority in connection with the operation of the Plan or in 1 connection with the duties of CBS, Inc. hereunder. CBS, Inc. agrees to notify the City and make arrangements for payment theroof is any such levy appears imminent. 5.4 COBRA Fee. The City does elect to provide for COBRA health coverag T the event of termination by a Participant, and the City agrees to pay a Service Pee of 21 of contribution per covered Participant per month for COBRA administration plus the J$ $5,75 per month per Participant for claims administration, a r}y`4~~`^`"" S.S Census. The City agrees to verify the eligitility o: Partlctp.n`rs and to furnish to CBS, Inc, such information as may be nt.cessary or required by CBS, Inc, from time to time to discharge its obligations under Section 4.4 (f) above. S.6 Liability for Benefits. It is understood and agreed that liabM y or payment of benefits under the Plan is the liability of the City and that CBS, Inc, shall no. have any duty to use any of its funds for the payment of such benefits. S.7 Indemnification, Subject to Section 4.51 the City rA'i? - agrees to Iia n emn y an old harmless CBS9 Inc., its agents, and employees against any and all liability, damages, expenses and costs, including, without limitation, extra-contract damages, court costs, and attorneys' fees, resulting from or arising out of any claim, demand, or legal or administrative proceeding made w or brought against CBS, Inc, by or on behalf of any person S including, without limitation, any Participant, Beneficiary, or fiduciary under tht Plan. ,war VI. GENERAL PROVISIONS , 6.1 Entire Contract. This Agreement, together with any exhibits, a ac ■en s an amendments appended hereto, constitutes the entire Agreement between the Parties, No representations, al understandings, or agreements which are not expressly contained herein shall be binding or enforceable. No modification of the terms or provisions of this Agreement shall be effective unless J N .n V I } evidenced by a written amendment hereto, signed by an outhori:ed office of both the City and of CBS, Inc, E . 1$ 6.2 Applicable Law This Agreement shall be deemed to have t) been made awn eniere3'into in the State of Texas, and shell be « construed and enforcdd according to the laws of the State of Texas, PAGE S ;d I ) t( , } y 1: a ...,.w.va Mq.'k,MI1M1vW. r,wlw-w.,..,.... ..o..rwv.w.y. ~ ' rp;t' .,tit 4 p rlr i I I f 1. ~ f~~ r c Ait t be 6,S Assignment. This Agreement Inc.Is shdautteBj obligationsd or r .or shall CBS, CBS nc. n r.. s Inc an other erson or ` responsibil,ities hereunder be delegated to y P entity without the prior written consent of the City. kt IN WITNESS WHEREOF, the parties hereto have caused this AgreemeAt to be executed by their respective authorized officers. a CITY OF DENTON, TE%kS 1) 4a W r BYt MAYOR ATTEST: .r ~1lkr ~11 y', S 1. --n t ~ ny, 0 LEGAL I. 1 ; > O , U8$R~V1E1DAAII DRAYOYITCHO,RCITY arorORNEY "'1 N V ~~49,r r n M BYI ;L sl,r CBS, INC BY I PRESIDENT DATE I y} t. " t 'Al's 1 d I, y a r t I r ,1 ~j r Ri. ~ h'r r} ~E•qt Frrt 't~~ ~ ti ~'~..d'~`,l PAGE 9 F r,> .rwn+. ..wa ~ry•rl"~Yi~'2!NIIYiM- , y D 1 ~-r b ~ un,hot.►31WOMANM!< rl.i~A„ r 11 , 1 L )i S1J~ a ~C~ 1~1✓ r j I ' a ti ~ ~ ~ 7 ^Fy .r{ r ~s a yJ to ` ~ dl . ~,y i s ~ ~ t'a ~ t ~~~I•„ .r"r d ti t ' 1 r ~ it I it T1: 1 i.J I~ f •5 , ~ f` ? Hr1t ° ~ CITY61 ~~fNTON~?~!'XAi MUNIC1P118U11D1N0 / OfNPON, IEXAS 76201 / TflEPNONE{df7) eQ1~1307 6 I ' ortke 0! the of mo p ~ r~ fir'" 1 MFM0RANDUM F TOt Mayor and Members of the City Council FROMt Jennifer Wakt4r!, City Secretary DATES October 15, 1987 ° ~t4 SUBJECts . Beck-up for Agenda Item # 6,06 ~r.rr ~5J s 4c 3 s ' '~e 'tlr; { tier Pleeee refer to the back-up as shown In 6.E. s fis r {1 r~'. . ~l r rJ i r~~ 1 1 y I,:. 'l1 r "?1 , r a:IZ NIt~ .i I I Mi `,r ' P Jtl ~ I s.~ krJ~"'ia t.4: ~e er teCB Lq~,ty! ~{y J I 7 ~w y ~ - 1 r 7 7114 pr s ~J 1 I P{ rY j I n ~ yl ~I 11 t,?, ~ a ~ •..a.,".~M/fp dUF 4'hJ~°il~y{61YgpMFMMriwe ~ln.arr+ I 'F r aPlii~`a { I r ~J ~ ~ r it t '+'{ra if ' ~ , , ~ ) i. r z r` s' s 4 r~rJ~., t i r 2043L F` N0. TO EXECUTE AGREEMENTS WITH ,N ORDINANCE AUTHORIZING THE MAYOR SOUTHWEST PREFERRED HEALTH NETWORK FOR A PREFERRED PROVIDER PLAN AND FOR HEALTH SERVICES FOR ITS Bk"1LOYBESti AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR: AND PROYIDIh Y EFFECTIVE DATE. f . 1 WHEREAS, the City has advertised and accepted proposals for a , preferred provider plan and for health services for City employeesi and WHEREAS, the City Manager having recommended to the City council that the proposals of Southwest Preferred Health Network for said insurance coverages be accepted as being the best rLr proposal received by the City; NOW, THEREFORE, r; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: } 1 Y.F`99 SECTION L That the City hereby accepts the proposal of r sour w rs rred Health Network for the City's employee health pldn for its employees and for a preferred provider plan, copies of which pro orals are attached hereto and incorporated by L` rr}'~^ tury' reference herefn. ta,,~,t, {rr SECTION III That. the Mayor Is hereby authorl:ed to execute ,'1pp,ar ,au]] said p an agreements. SECTION _111. That the expenditure of funds for such ri;5 insurance coverages and programs are hereby authors:ed. "v tl'j SECTION IV. ThGt this ordinance shall become effective imme a e y upon its passage and approval. PASSED AND APPROVED this the day of October, 1987. , w are r , i ' .'f. r k Mr y^A .r ~y., ~4 S L , 1 L ,S e ,'F 1 11 1•.9 WTOR' °b ..5 1 0, c PPP r4 • i,l ATTASTs ,t I Y f t APPROVED AS TO LEGAL PORMs r ? DIM ADAMI DRAYOVITCH, CITY ATTORNEY y y BYt ISi~. lit,i•,k abr' 4K a r 4% . , 01 to . v ~j1 ~ ,}A'. f. •w b` t 'r fir: ~ 1 4 ,i PREFERRED PROVIDE ORGANIZATION AGREEMENT SETWEEN CITY OF DENTON AND SOUTHWEST PREFERRED HEALTH NETWORK, INC. This Agreement is entered into this Ist day of November, 1987, by and between the City of Denton and Southwest Preferred Health Network, Inc. (SPHN), a corporation organized under the laws of the state of Texas. WHEREAS, City of Denton wishes to create a preferred provider panel ft•~% which will agree to comply with the reimbursement mechanisms established by City of Denton and which will participate in and comply with the policies and procedures which may be adopted from time to time by it; and WHEREAS, City of Denton will offer to certain employees the r" opportunity to participate in a Preferred Provider Plan (PPO Plan) which utiliYes the services of the SPHN preferred arovidsr panel; and WHEREAS, the parties desire, to the extent feasible to utiliie such ? r;,k "cost containment methods and practices as are consistent with sound medical I practice and in accordance with accepted community professional standards for r rendering quality c,Are; { . r 1 i NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. DEFIN11i0N5 v "`ry 1,0 The "Plan" shall mean the City of Demon Health Benefit Plan and any JIr amendments thereto. 1,1 "Covered Medical/Hospital Services" means 01 outpatient and inpatient , services provided by Participating Providers to & Participating Patient for which City of Denton is obligated to pay or reimburse pursuant to the Plan. 1,9 "Medically Necessary" means services or supplies which, under the provisions of this Agreement, are determined to be: a. 'Appropriate and necessary for the symptoms, diagnosis or treatment s , of the medical condition, and 46 b.. Provided for the diagnosis or direct care and treatment of the ; s s~ Medical condition, and *,.rt, c. Within standards of good medical practice within the organized yf medical tommunity, and d. Not primarily for the convenience of the Participating Patient, the Participating Patient's physician or another provider, or for use by the Participating Patient's Legal Counsel whether or not for or in anticipation of litigation, and r. 1 a' j r"N a I,i`., d. . n. w+.W •Ai `~1] t 1 `~'y~y~~ ,......nvay'NM1YYfTYYY!,IMWtlIYl~.01+i[MG•".A^.r~WGYM'.TI~~••'.•~• 1,•' . i r~ y , 4 Y . a r'I~~yr~~9 t r H e. The most appropriate supply or level of service which can safely be provided, For hospital stays, this means that acute care as an inpatient is necessary due to the kind of services the Participating Patient is receiving or or o in and less at safe and cannot Participating the severity re of the be t received g as a an e outpatient condition, adequate ca intensified medical setting. 1.3 "Participating Patient" means an employee of City of Denton and his dependents who era covered under the Plan and who have elected to receive care from Participating Providers and to assign benefits to those Participating Providers, hospital or licensed ~ 1,; "Participating Provider" means a physician, A health professional, practitioner or facility which has entered into a written 'agreement wit, SPHN and agrees to comply witk the requirements of the Plan ane. - the reimbursement mechanisms established by City of Denton and the Utilization +f r' review procedures established by SPHN and approved by City of Dento+i. Hospitals F r s1AF~. will sometimes be referred to sepparately as "Participating Hospitals. patinQrPhysicians", and practitioners will tolicensed healt ;1J Physicians andother sometimes be referred 1.5 "Per Diem Rate" means the rate of payment by City of Denton for one day of service in which a Participating Patient occupies an inpatient acute care bed in a Participating Hospital. 4 ! :.Sr dE, i l 1 1,6 "PPO Program" means those Covered Services specified as emergency M1„ spa< k services in the Plan. 1~ 1,7 "lnpntient Services" means those services provided to a patient after admission to a hospital and prior to discharge, including, but not limited to , 5`irr~+ 'ye r the followings l a. Semi-private room and board; S r, ~ 1'' A A, P b. Medical, nursing, surgical, pharmacy and dietary services; a~+ c. All diagnostic and therapeutic services required by the r"r, Participating Patient and ordered by the attendingy physician, and physicians' serviced, which cre normally billed by the hospital; d. Use of hospital facilities, medical social services furnished by the hoppital, ens! such drugs, biologicals, supplies, appliances and equipment, fYD~ l"` as arerequired by the Participating Patient and ordered by the attending r, physician; e. Services rendered by the hospital within 24 hours prior to the Partkipatimo Patient's admission as an inpatient, such as outpatient or emopgqandy services, which are related to the condition for which the W; Participating Patient is admitted as an inpatient; z f, Administrative services required to providi,.g inpatient services , 1at'.~.; under this Agreement. .t, e ~ ~ ~ar~~ t •a `V, A fff f ~ B ri I 1 ~ tl + 'n J F " . 1 P, W ki }z 1 t♦'_i.' i . T f i ~ ~r v ,1, t 1.8 "Outpatient Services" means all Covered Medical/Hospital Services other than inpatient Services. 1.9 "Day Surgery Services" means those services provided by a Participating Hospital to a Participating Patient during a institutional tray of less than twvoLy-tour (24) hours which are relates to a surgical procedure for which payment is covered under the Basic Senefits portion of the Plan. 1.10 "Utilization Review Program" or rUR" means a program developed and managed by SPHN and approved by City of Denton to review the appropriateness of all institutionalized health care and assure that all institutional care is delivered at the most cost effective site. ARTICLE 11. LICENSES. CERTIFICATIONS AND REPRESENTATIONS 2.0 ['h sician Representations. SPHN represents that it has investigated and determined that a the Part cipating Physicians listed in Appendix A and any additional physicians which SPHN indicates to City of Denton have become Participating Physicians are duly licensed to practice the healing arts in the State of Texas. SPHN further represents that it agrees to notify City of Denton immediately of any change in such licensure status. jk 2.1 Hos lttt Re resentations. SPHN represents that it has investigated V 1 and determine that a the Par T{pating Hospitals listed in Appendix B and any s additional hospitals which SPHN subsequently indicates to City of Denton have become participating Hospitals and general hospitals or acute psychiatric hospitals in the State of Texas, that they are currently certified as hospital providers under the Title MV111 (Medicare) of the Social Security Act and are t, M I' accredited by the Joint Commission on Accreditation of Hospitals (JCAH) as r, Hospitals and that they will maintain said certifications or accreditation,, and all other licanses required by law, during the term of this Agreement. Evidence of such licenses, certificates and accreditation, shall be submitted to City of Denton ipon request. ~s 2.2 Chan, Ge in Sta us. SPHN shall promptly notify City of Denton in writing of any Participating Hospital's change in status that SPHN is or becomes aware of, including; it a, Any action against any of its licenses, its accreditation by the JCAN or any successor JCAH; s' b. Any changes in its ownership or business address; 7C. Any legal or governmental action initiated against the hospital which could materially affect this Agreement, ` d, Any substantial change in the type of inpatient or outpatient services provided by the hosptial or in the number of licensed beds; or tr f;. off} a' Any other problem or situation that could materially impair the T bbi it~ynLof the hospital to carry out the duties and obligation of this Agee. pl ♦R~R , Pry ~ ~ YY t yY., 1 1 .1, ~ •..:r~•SYkw',:5r}~~%4i.~(~i~~y11~A41'twNl u;'kM+'Y}'M:+r~.rrsra.--- fi 1 ~ r' ~ v, Rf 4 1"v ~ e a f 2.3 Cowliance. SPHN represents that all of its agreements with Participating Hospitals contain provisions which require such hospitals to comply with those laws and regualtions promulgated pertinent to the operation of an acute care general hospital or acute psychiatric hospital during the term of this Agreement. r 2.4 Disci liner Action. SPHN agrees to notify City of Denton promptly of any discip nary proceedings which may be or have been brought against any Participatinj PhysiJ an by any medical society or hospital acting through its ` i mc4ical staff, directors, truste3s or otherwise and of any such action taken against him by any governmental agency within five days after it becomes aware of such action. City of Denton and SPHN will meet to agree upon the continuing status of such physician with the PPO Program. 2.5 License Re °airements. SPHN shall assume responsibility for securing any licensurs or regulatory approval required, if any, to conduct the program anticipated by this Agreement. 2.6 Representation. City of Denton represents that the Plan is being administers as a self-insured payor of health services. ARTICLE III. SPHN SERVICE REQUIREMENTS' 3.0 Utilization Review Systems. SPHN agrees to manage and assure r rv Participating rov er comp ante with the utilization review systems established by SPHN and approved by City of Denton and attached as Appendix C. ' Provisions within the City of Denton health benefit plan, as included in Appendix D, will strongly entourage all employees eligible to utilize the City of Denton health benefit plan to comply with Utilization Review services wh.ther the utilization is of participating or non-participating providers. ar k. 3.1 Responsibilities of Providers. SPHN acknowledges that it and its individual mem ers an contractors have an independent responsibility to provide ,G Y medical care to Participating Patients and that any action made by Participating 6A Providers pursuant to SPHN's utilization review program in no way absolves Participating Providers from the responsibility to provide appropriate medical care to participating patients. -r 3.2 cost Containment Efforts. SPHN agrees to the appropriate utilization of such cost containment methods and pracNcis as are cortslstent with sound medical practice and in 'accordance with accepted community professional t`F standards for rendering quality medical care. SPHN further agrees to utilize procedures and criteria adopteo Sy SPHN and approved by City of Denton to monitor the necessity and quality of care provided and to cooperate full., in the 5 d:yeiopment of innovative approaches to cost containment consistent with sound medical practice. ' „ 3.3 No 6uara tee of Utilization. SPHN acknowledges that City of Denton does not warrant or guarantee that anticipating Providers will be utilized by a Participating Patient .,r any number of Participating Patients under the plan; t r; , however, City of Denton will fully inform its employees of the advantages of participating in the PPO Program at its expense and will alter its health plan' .'r benefits in a manner presentsd in Appendix D. 3.4 Physiefan/Patient Aelatlonshlo. City of Denton agrees that it will x' not intervene in any way or manner with the rendition of services by a Participating Provider unless requested by the Participating Patient. v' :.Wiahll,ic4t,e.nYA;",abW w'. -is.•y.va:..'w+o" h 9 f {r 3.5 Provider Withdrawal. SPHN agrees to give City of Denton at least thirty (30 days prior written notice of a Participating Provider's withdrawal from the PPO Program. SPHN agrees that a withdrawing physician will continue as 3 a Participating Physician for at least thirty (30) days after City of Denton receives written notice of the withdrawal. SPHN agrees that a withdrawing hospital will continue as a Participating Hospital for thirty (30) days after City of Denton receives written notice of the withdrawal or until all Participating Patients adnitted to the hospital as inpatients at the time of or within thirty ( days after receipt of the notice have been discharged, Y whichever is longer. r. ARTICLE I4. SPHN CHARGES REIMBURSEMENT SCHEDULES AND BILLINGS 4.0 Ph sician Char es. City of Denton agrees to pay to SPHN for Covered Medical Services urn s r by a Participating Physician to Participating Patients at the rates and under the conditions established in Appendix E. SPHN agrees that its Participating Physicians will accept billed charges or such ' agreed upon payments contained in Appendix E, whichever is less, as payment in full for all services covered under City of Denton health benefit plan. A Participating Physician may collect the office visit fee and all non-covered b are enefits under the City of Denton health benefit plan at the time that services provided. The Participating Patient may be billed for the deductible and x f , any copayment beyond the basic offict visit fee only after the Participating w } ' Physician is notified by the Plan of the amount payable. l 4.1 Hospital no C a es. City of Denton agrees to pay tv participati +i, s•:'A' hospitals, as payment n uii for all inpatient care that amount clarified in r Appendix F. 4.2 Pa )Mont Schedule. Payments will be made by City of Denton or its desinated eductibles agent rect to Participating Provider f. cooayment~ ar.d iI d . r , within thirty (30) calendar days of receipt by City of Ciitoa or i its agent of a claim from the Participating Provider in such form and containing such information as required by City of Denton. Payment will be accompanied by r `r Y a an explanation of benefits designating the amount paid and denied and specifying the copayments, deductibles and noncovered services. Participating Providers ` My agree not to bill the patient for uncovered benefits until the hospital claim j + has been adjudicated and paid by City of Denton or it% agent. 4.3 Pe slcian 8il11in forms. SPHN agrees that a Participating Physician ~1R use clam arms accep will ts a to City of Denton City or a;nton reserves the right to review all bills sub,eitted to it by Participating Pnysicians, 4.4 Hos tai Billie Forms. SPHN agrees that a Participating Hospital will use its cus omary -Ulling form, which shall identify the hospital's usual and customary rate for Covered Hospital Services. The bill shall ,x provide sufficient information to identify inpatient and outpatient services provided, charges for such services and the number of days a Party N gating Patient received such serviceu, SPHN shall identify the Per Diem rates fir • services provided prior to "ity of Denton or its agent receivin. City of Denton reserves the right to review all bills submittedgtothit byima. tr a Participatin4 Hospital, tl" ~ 'a i r {f Pn a1 f iy,, tl.f l L~ 1~ l r .1r sue,... ' T 4.5 Patient Eligibility. SPHN agrees that all Participati^g Providers may determine the a gib lity of Participating Patients prior to prom ling services by contacting City of Denton or its agent in the method indicated ton the Plan identification card submitted by the Participating Patient. City of Denton shall not be liable for payment for services provided by Participating Providers to persons who are not eligible to receive benefits pursuant to the Plan. 4.6 Physician Final Bills. SPHN agrees that its Participating Physicians will make every effort to submit all bills for services rendered to Participating Patients within thirty (30) days from the end of the month in which service is rendered. 4.7 Hospital Final Bills. SPHN agrees that it will submit to City of Denton all bIlls for Covere Hospital Services rendered to Participating Patients within forty-five (45) days from the date of discharge of a Participating Patient or the date of service, whichever occurs later. SPHN may submit bills on an interim basis for Participating Patients confined in a Participating Hospital for more than thirty (30) days. 4.8 611110, Procedures. SPHN agrees that its Participating Providers will comply with reasonable 6~T1Ing procedures as required by City of Denton or its agent. Should a claim form be required, such providers will cooperate in completing such form and will not charge for this service. Nothing herein shall be deemed to affect such providers' r,ghts and obligations with respect to third { party payors other than City of Denton. 4.9 Charges Not Allowed. In the process of utilization review, SPHN may s'determine aL hospital care for a Participating Patient is not medically necessary. SPHN shall immediately communicate such determination to the appropriate Participating Provider and City of Denton, Neither City of Denton nor the Participating Patient shall be liable for any charges related to j services provided .after receipt by either the Participating Provider or City of Denton of the notice of lack of medical necessity. After being notified by SPHN that City of Denton is not liable for continued hospital care, such patient may s voluntarily elect to continue receiving such care and to pay for the receipt thereof. If City of Denton wishes to pay for care denied by SPHN as being not A^ r, medically necessary, it msy do to. 4.10 Hospital 04of Service. A day of service shall be billed for each Participating Patient who oeepls an inpatient hospital bed at 12:00 midnight. A day of service also may be billed if the Participating Patient is admitted and ' discharged during the same day provided that such admission and discharge is not within 24 hours c"' a prior discharge. 4.11 PIVt Int~erPretati0n. City of Denton shall have the We responsibility for t eh determination and interpretation of the requirements of the Plan. SPHN shall have the right to submit input to City of Denton's ? decision making process. All decisions by City of Denton shall be final. SPHN agrees that 1t and all its Participating Providers will be bound by the decisions of City of Denton on the Plan. 4.12 Other Provisions. SPHN may recruit providers of health care other . + than physicians an hospitals. Such providers will be listed in an Appendix G r f'#x # along with their agreed-upon foe schedule which shall be separately approved by w"< City of Denton. Ali requirements imposed by this Agreement on Participating a Providers will be adhered to by such other providers unless so noted in Appendix G. V .1_ } ARTICLE V. PHYSICIAN AND HOSPITAL COORDINATION OF BENEFITS 5.0 Permission. SPHN agrees that its Participating Providers will give their permission and assistance to City of Denton upon request for purposes of coordinating benefits with other carriers or group health insurance benefit plans. 5.1 Primary PaYor. If, under applicable industry standards for coordination of benefits, City of Denton is the primary payor, then Participating Provider compensation will be on the basis specified herein. 5.2 Other Than Primary Pa or. If, under applicable industry standards for coordination o benefits, City o D±nton is other than the primary payor, and " payments to the participating Providers are not computed on the basis specified ; herein, then any further payments to the Participating Providers from City of Denton or Participating Patient will not exceed an amount which, when added to 1 I amounts payable by the primary payor, equals the amount which would have been " y due if City of Denton had been the primary payor. 5.3 Right of Recover. Nothing contained herein shall restrict or other wise affect the rights or obligations of the Participating Providers with respect to compensatioii from third party payors other than City of Denton. ARTICLE VI. MEDICAL RECORDS AND CONFIDENTIALITY a ~'fa, , :0 6.0 Physician Maintenance of Medical Records. SPHN agrees that its Participating Physicians will maintain such records and provide such information to City of Denton as required by City of Denton in accordance with this Agreement or pursuant to applicable law. 6,1 How itai Maintenance of Medical Records. SPHN agrees that Participating Hospital will maintain with respect to each participating Patient a k 4 Y`'' recelvin Covered Hospital g Services a medical record in such form conta1n such information, and preserved for such time period(s) as are required by tho ProgramaandrthelJointsCommissionxon Accreditation ofaHospitals Federal Medicare 612 o a t of Hos ital. ` 4y+~' u It is understood that, except as expressly set forth in this Agreement, medical records of a Participating Hospital will be vrr and remain the property of Hospital and will not be removed or transferred from such hospital except in accord4mve with applicable laws and general hospital ' f " policies, rules and regualtion relating thereto. J''!• 6.3 ccess to Medical Records. SPHN agrees that its Participating Providers Will provide any my designated third party representing City of Vinton or SPAN with reasonable access to the medical records of a participating ' Patient maintained by such providers during the term of this Agreement and thereafter for a period in conformance with state law. The release or 'A? disclosure of patient records established in any provision of this Agreement will be In compliance with all laws. 6.4 ,Conf~ide~t a111t of edical Records. SPHN agrees that Its Participating Providers will kelp con en a1 information concerning participating Patients and Will not disclose such information to any person except as authorized by law. This confidentiality provision will remain in ° effect notwithstanding any t.bse,uent termination or expiration of this + Agreement. kJ A r v.: yx ,M1.:.a.:. iMin .m r ♦4r F'. J , ,wit. i C r i 615 Confidentialit of Hos ital Rates. City of Denton agrees not to disclose th3 Per D em Rases negotiated between SPHN and City of Denton to anyone outside of City of Denton unless required by law or authorized by SPHN. E•6 Confident ialit of Information, ' information rom City of Denton which City ofHDenton fdesignatesoiniwritingeias "City of Denton Private" SPHN agrees that such information shall be kept confidential and shall not be disclosed to any person except as authorized in * writing by city of Denton. ARTICLE V'I. COOPERATION t`~-'4=E 7,0 City of Denton and SPHN agree that, to the extent compatible with the effective separate and independent management of each, they shall at all times maintain an 01 Agreement, liaison and close cooperation with each other in implementing this ARTICLE VIII. SPHN FEE 8.0 City of Denton will pay SPHN $2.10 per eligible employee per month paid monthly. The fee will pay for PPO program maintenance and all Utilization Review Process. ARTICLE I%. INDEPENDENT RELATIONSHiP 9,0 None of the provisions of this Agreement are intended to create nor shall be doomed or construed to create any relationship between City and SPHN other than that of independent entities contracting with each Denton hereunder solely for the purpose of effecting the provisions of this Agreement. s Neither of the parties hereto, nor any of their respective or employees, shall be construed to be the agent, employeorfrepresentativerof the other. Neither party is authorized to represent the other for an r whatsoever without the prior consent of the other. Y purpose ,r ARTICLE X. INSURANCE 10.0 SPHI agrees that its Participating Providers, at their sole cost and expense, shall purchase liability Insurance in the amount of Two Million Dollars T C}2,000,000.00) for each individual Institutional claim Four Million Dollars „ 4 000,000,00) for the institution's aggregate loss ani Two Hundred Thousand Dollars 200,000,00) for individual physician claims and Six Hundred Thousand Dollars 600 006.00) aggregate physician claims. Such effective no later than the effective date of this A r coverage shall be yA~i :r w effect thereafter until the termination of the Agreeminte~nt and will remain in t Y; ARTICLE XI. TERM AND TERMINATION 11.0 Term, This Agreement shall become effective as of November 1, 1987,(the ;Rctive Date") and shall continue in effect unless and until tetbinated in aceordance With the provisions of this Article, a y Term1 atio glon n verso ate, No earlier than sixty (60) days prior to Novem er it l , e t er party may request In writing that the terms of r ~yt this: Agreement be modified. The parties shall negotiate such request in good faith and amend this Agreement pursuant to any resolution. If the parties are unable to resolve such issues " ry a y , either party may terminate this Agreement as of au eh enniversar date by giving written notice to the other at least thirty (30) days prior thereto. a , f 5 e Still 11.2 Immediate Termination. is In cases where City of Denton determines in good faith that the hea th, safety or welfare of Participating Patient Jeopardized by continuation of the Agreement, City of Denton may terminate this Agreement immediately upon written notice to SPHN specifying the basis for termination and the specific facts and circumstances Justifying such termination. a ter t rights and Ro 'Ints bligatfons ofrtheaparties arising tout ofaan hiran c no affect upon the occu prior to the effective date of such termination. In the event of Participating Provider is treating a Participating Patient inside of a hospital as of the date of termination of this Age rendered will continue to be governedpaymenttsato such providers for services until the patient is discharged from theyhospital~icable terms of this Agreement 11.4 Abandonment. Nothing herein shall be construed as authorizing or permitting a Participating Provider to abondon any patient. j ARTICLE XI_ I7151HG AND NOTIFICATION ~1 12.0 1 . Advertisin SPHN agrees that City of Denton may use the name, t address, to ep one numbers and a description of specialty area of all Participating Physicians and the name, addlre ss, telephone 11 umbers and description of the facilities and services of al Participating Hospitals in any roster of City of Denton published by City of Denton at City of Denton's o-a$, expense. Any advertising and roster may be inspected by and approved by SPH N . 12.1 Notification. SPHN periodically, at least quarterly, will furnish , + City of Dentlnn w t detailed listings of the na 'w T h, numbers of ar Participating Providers, ma, location and telephone Wow City of Denton to inform City of Denton semployees rofwthe availabilityt of 1, I.V such providers. ARTICLE XII1, PARTICIPATION 1N ALTERNATIVE HEALTH CARE PROGRAMS 13.0 Nothing contained In this Agreement shall preclude either party from } baftlcipating in or contracting with any other insurer pertaining to a health maintenance organization or any other alternative health care delivery system whether before, during or subesquent to the term of this Agreement. s ARTICLE XIV. DISPUTE RESOLUTION 14.0 In the event of any dispute or disagreement between the parties hereto either with respect to the interpretation of any provi of or sion respect to the performance by City of Denton Hd this Agreement en upon written notice of either party, ech of the or e Sl goirtdth than partie designated the representatives h e s will w apppoint thr purpose of ; endeavoring to resolve such disputetorktotnegotiatetforean adjusttment toes ch section Or provision of this Agreement. The designated representatives shall meet as often as the pparties reasonably deem necessary in order to gather and ,r, furnish to the other stl information with respect to the matter in Issue which I the parties believe to be appropriate and germane in connection with its resolution, Such representatives will discuss the problem and/or ne i~cltonaior In an effort to resolve the dispute or negotiate the gstijltabin ; provision without the necessity o! any formal pp e thereto. During the course of such negotiations, all reasossblsdrequests +made by one party to the other for information will be honored in order that each of K .F .1. • p the parties may be fully advised in the premises. The specific format for such ! discussions will be left to the discretion of the designated representatives but may include the preparation of agreed upon statements of fact or written statements of position furnished to the other party. No formal proceedings for f the judicial resolution of such dispute may be commenced until the designated f representatives conclude in good faith that amicable resolution through + continued negotiation of the matter in issue does not appear likely. ARTICLE XV. GENERAL PROVISIONS 15.0 Time of Essence. Time is hereby expressly declared to be of the essence of this Agreement, 15.1 Notices, ' Any notice required to be given pursuant to the terms and 1 provisions hereof shall be in writing and hand delivered or sent by certified mail, return receipt requested, postage prepaid, to City of Denton or to SPHN at r their respective places of business as designated from time to time by the parties. 15.2 Modifications. City of Denton may modify this Agreement by notice to SPHN o an y providing such y Proposed amendment. The failure of SPHN to object to any A ' `I ,a 1 . n I cons tituteoacceptanceamendment. Unlwithin thirty forth otherwise 'In f this notice sh3l) t all other amendments or modifications to this Agreement shall be mutually agreed "y Id nwt4 , ' , 3 ~ ,1 to in writing by City of Denton and SPHN. r~ t i 't 15.3 Non-asst nabilit , This Agreement may not be assigned, sublet aitr delegated or trans errs Denton. by SPHN without the express written consent of City of S 15.1 a , Governin Law. This Agreement shalt be overned in all res ects b the laws of t o State o Texas. g p by G r 15.5 Severance o Invalid Provisions. If an is held to a ega nva y provision of AQ cement , or unenforceable under present o or future laws aE effective during the term hereof, such provisions shall be fully severable. rs.. ; This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaiging provisions she i remain in full force and effect unaffected by such severance provided that the invalid provision is not material to the overall purpose and operation of this Agreement. ✓ 1 r 13.6 k~a. fiver. The waiver by either party of any breach of an s this Agreement or warranty or representation herein set forth shallvinotn be construed as a waiver of any subsequent breach of the same or any other prd;lsion. The failure to exercise any right hereunder shall not operate as a waiver of such right. All rights and remedies cumulative, provided for herein are 1 7 ~'S^'!t t n ~ e r " 15.7 Entire A reement. This Agreement contains all the terms and conditions agree upon by the parties hereto regarding the subject matter of I R this Agreement. Any prior agreements, promises, negotiations or represantations, either oral or written, relating to the subject matter of this Agreement not expressly set forth in this Agreement are of no force or effect. IN WITNESS WHEREOF, City of Denton and SPHN have caused this Agreement to be signed and delivered by their duly authorized off'cers, all as of the date first hereinabove written, x4 CITY OF DENTON SOUTHWEST PREFERRED HEALTH NETWORK, INC. BY: BY: ~i Title: Title: Date, Date: ` r A f. ,~,a .4 t i v ~7: Erb , It 1, ~tI r,1 s err A y y r ~ T 4. t n i ~ tih uY c d. 01 r + r'+u ~trail 'e tl t~ { FA ~ (it'd i'+ w~ i;gp 't iy .'r t - - a J r r 9 +'I r fi iIt Sr 1 +i. SOUTHWEST HEALTH PLAN, INC, GROUP HOSPITAL AND PROFESSIONAL AGREEMENT GROUP APPLICATION This Agreement becomes effective on Nev mhior I 19 BL, , Texas, and win remain In c :act for an initial term until ~te p_% ' -ue at 12100 A -M. Standard Time at Danas.19 8fl . , at 11:59 P.M., subject to the limey payment d Premium Charges as let forth below. Following the initial tam, this subsequent twelve-month periods, unless terminated by either party on at Agreement feas1 t sixty sixty (8r ) span days s automatically written Mice t e trenewed for n to the other in AdvInCe of ~.E to !MI ate. } affect the right termf benrefita provided under this Agr emenl In Ctp~u +efion with any Haapitale codate n!nerment which commed shah i~or Pr r PREMIUM CHARGES 4 The Employer shall pay SWHP monthly Premium Charges for its employees who are caned Subscribers and for their Family Members Such charges shall aj calculated by SWHP from current records solo the number of Members eruoned, Retroactive { t~aYmeM adjustments will be made by SWHP in subsequent billings for any additions a deletions of Members not currently reRetiod h SWHP records at the time of calculations of Premium CMrgxia. PremivmCharges ployea ✓ tir j,F~ ~ ployes.and..Sr4uso ........................................................r. t 1.00 ...lctaploye~.artd .Child.,...... t 69 r 2,OOi ...Zmploysa.aundLXAmily $ s The first payment of Premium Charges Shall be due and payable to SWHP on or before the Effective Date of this h rA r m Thereafter, monthyeharpesshall bedueandpayable onthefirstOfeach succeeding month this Agreement emabtnforce. The Premh,m Charges are guaranteed lot a - - ye 12 1 month period frOmthe Effective Date of this Agreement The Premium Charges have been established in -accordance with SWHP's CufrlnfregulatorySlatusandtheexisting bent fitprogram Should future legislation.regulatonsoradministralivelu(ingsresult "r In obligafrrp SWHp td pay any new taxes or fees. to mandate a new Or modify a currenl benefit SWHP reserves the right to t rs.~; C r irkfIliise Or decrease the Premiutn'Chafges during the guarantee period, on thirty (301 days written notice to the Employer If ifliaA ' l §d s; a greement is terminated for any reason the Employer shall be liable lot an Premium Charges lotion y time lMs Agreement ° /yy 47". It in forte during a grace period is r a r,. 01 Members for whom payment is received b SWHP WW Covered such by hall be eligible for serriC-aa and benefits hereunder and only fOr the w f by payment. JY For 8outhwe61 Neallh Plan, Inc. For Employer n of nanten By President 4 i Title! Title: riff bale, - eras her 15. X987 ,y° Dale: d r e' TI 8WHP001,01 (01) Revised 10185 I i p y s Ir SOUTHWEST HEALTH PLAN, INC, w GROUP HOSPITAL AND PROFESSIONAL AGREEMENT PLAN A sr, i • To the eiliant herein limited and defined, this Agreement provides for comprehensive health services provided through' Southwest Health Plan, Inc., a licensed health maintenance organization in the State of Texas ~IM I t I r1 i ! Upon payment of the. Premium Charges in the amount and manner provided for inltisAgreement. Southwest Health Plan, InC.;i Y s (heroin Called SWHP) ry~% f,f x ' HEREBY AGREES A P 4y t r to furnish services and benelds as defined in this Agreement to eligible employees and their eligible family members of: AY CITY OF DENWN (herein called the "Employer") according to the terms and conditions of this Agreement, r5' u~ FOR SOUTHWEST HEALTH PLAN. INC. Ip" w , i Try ; : s , Secretary Presldeil ' a SI~3 i e h Irk ' His AGREEMENT,IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBi'RATiON ACT, SEE PART YII r^ SPECIFIC PROVISIONS PARAGRAPH A, OF THIS AGREEMENT s 1 r !'tor I r S a , 'l iL i r. rll ll ~ I o. So0hwist`k*11th Piro, Inc ' 330 LW Oek'Avfhtue " SWH1(8t)Aewsedi/te/8S ;i ~I~A Ira ` ' ~ I li. 'i rRu.'#'....A.EiSnsax•,-fR ~+:,+..ewic.aw., '•.,.~...amw.4. ,r~,v,',,,,,.,,... _ 'e., + ~ r tr { J ~ ~JF k~,4 « ti. i IJ`; TABLE OF CONTENTS PART I DEFINITIONS 3 d s PART II COPAYMENTS S , PART III ELIGIBILITY 5 PART IV CONVERSION PRIVILEGE AND TRANSFER r n 1" PAAT V RELATIONSHIP OF PARTIES 8 44 PART VI COORDINATION OF BENEFITS . ( - 8 ~ '1 t PART VII SPECIFIC PROVISIONS 9 f M1 do L ` `'v. ~F~ I ~ PART Vill GENERAL PROVISIONS tU S a"r PART IX GRIEVANCE PROCEDURE 11 r I + , ,~r 'r r PART X COVERED SERVICES AND BENEFITS 11 5 ' ' s a - +61 r ?ART XI GENERAL LIM! i ATIONS PART XII SERVICE AREA MAP sA +a~ cS~ ~Jy~ W 1. FF~y S ~!1 ~ I~ x 1 t Y } 4'°S iffy;' vii I r i. T' ♦ ~ 1 t I~ y AAt ,~~e gay a t~, rt{kA .,r. AWHP01(02) geWllld7h8 186 y,. An `Il ~~l311•~ ~t ~ f + y~r J ♦ , i e F ° r v ..i qq rr .3! `r {~U d Y 94 , J ' PART I DEFINITIONS ' A. Agreement means this Group Hospital and Professional Agreement executed by Employer and SWHP. • g, ACelendarYearisthetwetve•monthperiod commencing January I ofeachyearatl2•DGAM slandardlimeatDallas. •r r' , r Texas • C A Contracting Individual Practice Association (IPA) is a group of Physicians organized as a legal entity that has an t' 1 Agreement in effect with SWHP to furnish medical care to SWHP Members The Subscriber she It be required. at the time c' enrollment. to select an IPA to provide services covered under this Agreement D A Contracting Physician is a physician who is, at the time 01 providing or authorizing services to a SWHP Member contracting with the IPA which the Subscriber Ras selected 10 provide health care. E. Copsymont is the amount of payment indicated in the Schedule of Covered Services and Benefits which is due and payable by the Member to the Contracting Physician. Hospital or Health Care Professional. F. Custodial Care is primarily provided to assist a patient in meeting the activities of daily living such as help in walking ' getting in and out of bed; bathing; dressing; feeding and preparation of special ocels: and supervision of medications which are ordinarily self-administered; but not care that requires skilled nursing services on a continuing basis G. The Effective Date is the date on which this Agreement goes into eflect The Effective Date for each Subscribt►appears cin the Subscriber's SWHP Identification Card. H. Emergency Services are service? provided in connection with an emergency which is defined as a sudden, serious and 3unexpected illness. injury of condition requiring immediate medical attention. Emergency Services inctudes;realmenl of I t; accidental injury to sound, natural teeth and supporting structures but not restoration or replacement of injured teeth F,hal determination as to whether such services were rendered in connection with or, emergency shall rest SO e1y wgth the SWHP Medical Director or designee .T 1. Experimental Procedures are those procedures and/or serv ces Ah ch are generally related to laboratory testing l'ealmenl, or for research purposes and are being sluded ;of solely effcuency, and et'ectveness ann aAaitrl= r `rM endorsement by the appropriate National Medical Specialty College for general use within the entire -ea cal cemrr un't, et the time the services are rendered to a Member 3 g J Family Members are members of the Subscriber's family- Aho meet the efrgebihly requirements for coverage under tr s Agreement and have been enrolled by the Subscriber Fom y Members must reside within the SWHP Service Area 4 K. Follow up Care to Emergency Services is any care which is pcuvided to the Member after immediate medical attention " his been rendered and the emergency has terminaled 1. Group Open Enrollment Period is a periodoftime notless than 10days lobe determined bytheEmployer andoccufnn; I l at feast once annually during which time any eligible employee of the Employer may join or transfer from one health plan &a D+ovlrled by the Employer to another, without providing proof of insurability r ? M. Health Cue Professionatmeans a regislefed nurse, physician's assistant licensed practical nurse, registered physical towspist and other health care personnel providing services under the direction 01 9 Physician and within the scope of their license or registration r ~q ' ~lf Y{43~ i N A Home Health Agency is an organization licensed by the State to render home health care and which is codified by r , ^ + K Medicare. x 0. A Home Health Agency Visit is a personst contact at a Member's residence made bya Home Health Agency which is l' determined to be Medically Necessary and Is ARRANGED, AUTHORIZED. AND DIRECTED BY A CONTAACTING PHYSICIAN lot skilled nursing service, short•ter,tt physical therapy, and other related lherspeulic service;' RF P. AHoophalIs alegally operated facility defined is a hospital and an inAlitution licensed by the State and a ved by the , Joint UmmlasionMAeCred'rlalionOf Hospitals (JCAH)of by the Medicare program.AContracting Hospilt:i3aHospital y. f bk vAlith has signed a contracting health facilities agreement with SWHP, I r " SWHFWl (03) Revised 7118/85 YY ' ft~, 'r ..ia=.wt34 a3 .1 ',7Mt'-f?n 1 1 4 ' ' l,i y 0. Hospital Services (except as limited or excluded herein) are those services furnished and billed by a Hospital or Skilled Nursing Facility which are AUTHORIZED BY A CONTRACTING PHYSICIAN. R. Investigative Procedures are those procedures and/or services performed in special settings for research purposes or under a controlled environment and which are being studied for safety, efficiency, and effectiveness and awaiting endorsement by the appropriate National Medical Specialty College To- general use within The Medical community al the time services are rendered to a Member S Medically Necessary services or supplies are those which SWHP determines to be: 1. Appropriate and necessary for the symptoms, diagnosis or treatment of the medical condition, and are, , 2. Provided for the diagnosis or direct care and Treatment of the medical condition, and are. 3. Not primarily for the convenience of the Member, the Member's Physician or another, and are; e; r e. The most appropriete supply or level of service which can safely be provided. For hospital stays, this means acute t care as an Inpatient is necessary due to the kind of services the Member is receiving or the severity of the Member's condition, and that safe and adequate care cannot be received as an outpatient or in a less Intense medical setting. ' : T. Medicare is the name commonly used to describe Health Insurance 8enefilsfor the AgedsndDisabled provided under Public Law 89.97, as amended. " - U. The term "Member" shall mean both the Subscriber and the Family Member. a x V. Non-Adult Family Member means o Family Member under the limiting age apscified in Part III of this Agreement W. A Physician is a person who is duly:icensed and practicing within the scope of that license i p A !t A . 'Ir ti i 3.; X. Premium Charge means the monthly amount due SWHP from Employer for each Subscriber, Y. Professional Services (except as f mded or excluded herein) are services performed by Physicians Or Health Ca•e was l rr Professionals which are Medically Necessary and generally recognized as appropriate care within the area Suc^ services must be PERFORMED. PRESCRIBED. DIRECTED, OR AUTHORIZED BY A CONTRACTING PHYSICIAN ' t Out-of-Area Services are those services provided outside the SWHrx S.-iiice Area and are limited to Emergent. Services only. +Yav` p AK A Skilled Nursing Ftcilify is an mswufion which is licensed by the State in which it is situated to p(ov4de skilled nursing flit t setv"s and Which is certified by Medicare u r i 08. The Subscriber is the eligible employee of the Employer whose Group Membership Enrollment and Chanp Form has I a;fv been accepted by SWHP in accordance with The enrollment requirements o(Mls Agreement and In whose name the a A ; SWHP Identification Card is issued The Subscriber must reside within the SWHP Service Area. t CC. Southwest Heath Plan, Inc„ referred to in this Agreement as SWHP, Is a Texas for-profit Corporation licensed in the State of fexas as a Health Maintenance Organization, ` ' b0 SWHP Medical director means a Physic;!!n appointed by SWHP to be its Medical Director and who is respons bte for recommending medical policies and overseeing quality of care review and utilization fwiew activities of SWHP, ; "yam y si EE, SWHPServiteAreaisdefinedgenerallyasDallasCounly,EltisCountynorihofSeuthernPacificRailroadTrack%,Tarram ~£r Yx ) County east of state highways 281 and 377, Denton County southeast of stole highways 377 and 380, Collin Counly ' + south of elate highway 380 and west of Vale highway 78, Rockwell County and Keufmat County to the well of and including The cares of Terre,l and Kaulmin. A rap of The SWHP Service Area is Included in INS Agreement. FF. Usual and Customary fee moans tho fee as reasonably determined by SWHP which is bared on the fee which the Physician who renders the parltulef services usually charges his piltienta lot the same safvicas and the tee which is N within the range of usual feel other Physician$of similar training and experience InMaSame geogrsphictlarea charge their patients for the Nine sarAce, under similar or Comparable circumstances, 1 ,r` SYVFIPOG) t0a)Navited7/19185 .,.,._ya,,:w,±i,;a':axA~,.t^i;Ard7reefn yt,.. it ~ t • PART 1) COPAYMENTS Members may be required to pay Copayment amounts in connection with services and benefits covered under INS ~praamenl. Such Copsymenls are set forth in the Schedule of Covered Services and Benefits contaita d in Part X Of this arrant. Copsymenta must be paid to the Physir.isn, Health Care Professional. Hospilal, Skilled Nursing Facility, Home Ytaa Care Agency or dispenser of Outpatient Pharmaceutical Agents at the time of service unless e'temate arrangements exceptable to the Physician, Health Care Professional, Hospital, Skilled U.irsing Facility, Home Health Care Agency. or Spenser of Outpatient Pharmaceutical Agents are made NO Copayment for covered services may be imposed on any Member when the total of all Cora yments made by a Subscriber and Family Members. if any, in any one Calendar Year equals 50% of the Premiu^ Charge for SWHP's most comprehensive Plan for a comparable Subscriber Category. This Copayment limitation is refenrd to as the Subscriber's "Maximum Co- payment Liability. IT SHALL BE THE RESPONSIBILITY OP THE MEMBER TO NOTIFY SWHP WHEN THE SUBSCRIBER'S t MAXIMUM COPAYMENT LIABILITY LIMIT HAS BEEN REACHED. SWI fP will reimburse the Subscriber for Copaymenis ' incurred in a Calendar Year in excess of the Subscriber's Maximum Copayment Liability. PART III ELIGIBILITY AND ENROLLMENT ' A. Who is Eligible for Coverage f AM 1. The Subscriber ryhll ~ < 2. Eligible Family Members, who must be fisted on the Group Membership F. nrotiment and Change Form completed by the Subscriber and who must all live within the SA'HP Service Area, are. a. The Subscriber's lewful ~ r ~ ~ sly Spouse of the opposite sex: and ' i . b. Any unmarried child of either the Subscr,ber or spouse who is under age 19. and c Any such unmarriedchifd who is between 19 and 23 years, provided (he child is dependent upon his or her parents E for at leest half or his or her support, and d Any such unmarred child who is and conl+nuesto be both (1) incapable of Sel'•susts n,nQ .m + pIoymentbyreaso++ r s , h of mental or physical handicap. and f2l chiefly dependent upon the Subicriber for economic Support and maintenance provided proofofsuch incapacity anddoPendency,sfurnis~,edtoSWHPb the days of the Child's altainmenl of the limiting y ubsnbut ntltiin3 t age and subsequently as may be required by SWHP, but nv.) more frept,entiythanannuallyfollowingthechild'satlainmenlofthelimitingage Determination ofeligbrmybytheSWHP Meoical Director or designee shall be conclusive . t, a Newborns of the Subscriber. Spouse or a Family Member lot the first 31 days of life Covetagp after 31 days is t ti « r ( conlingenl upon the Subscriber enrolling the Newborn as a Family Member within 31 days following birth and °i paying the applicable Premium Charge, if any, 1. Medicare: All services, supplies and benefits provide 'under this AQ(eemenf shad be provided by Contracting Physicians and Centracling Hospitals but shall be reduced by any amounts to which a Member is entitled under the program commonly refereed loss "Medicare" established by Title XVlllofPutilclaw8g.9yf~9Slalufes2$8 343) This shau not a s ' Member's spoue agewith s 65 regard through 69 whoechoose fSWHP as their ages, 65 though 69 and any employed ' .r,. hemodialysis as provided by Medicare primary ry carrier, except for coverage of 8. Application te, Coverage , r"k 1, Initial Enrollment Each eligible employee who meets the Employer's Enrollment regulations for health insurance during the Initial ai L> r enrollment period shellbeentitled toapptyforco.orageforhimseIforherse0andeligible FamifyMember a.whomust i • x 1 be listed on the {croup Membership Enrollment and Change form provided by SWHP. No proof of Insurability than be ; required of Initial enrolleea 1~ .y dWHPM1 (05) (Revised 1/18/85 + 4 . .w.py,Mw11lT.RApwWgptaYi abM16 v. . iAS .wY Ij'I.ILW~ ' X91 ki.. rill < ~ ew.w,an.rn•+«...»... 4FAiti,bLnWAe wiFk[sY l4ssav. va+,wv... s } . r 2 'Newly Eligible Employee! i ' Each new employee empicryed subsequent to the without proof Employers initial enrorfrrent effect ve dale Shalt be Permitted. becoming eligible, insurability, ro apply for cover;,QefahimseffaherselfandeligibleFirmlyMemberswithin80 Subject fo the enr~nmenl days of ~ 3 Newry Ef;q;bte Fatuity Members rsgvlations of the Employer. r ~ Any person atlt,lninp eligibility to become a Family Member ma• No Proof of Insurability shall be required t enrrNkd by the Subscriber by completing and Submitting 10 SWHP a signed Group Membership Enrollment and Change Form within 60 days of atlaini nq ehgibimy, However, newborns of the Subscriber, and sub Spouse, or a Family member may heSP g lo SWHP a s;gneCOharge;f ge,,,embershipEnrolln{enlandChaQeFam~yya 31dauSubscriber y~followlnob;plating ' I , peyinp the applicable Dremiurn any. g birth and 1 r Group Open E ,rollm ` ant i' A Grou r+v r , ~i"a D Open Enrollment shall be held ennuaYy at which time employees and/or Family Member! ra r ~r F Members under this Agreement. No proof of insuraNlity shall be required. may enroll is S Data EnOilmenf Effective Upon race pl of enrollment changes and corresponding payment of " Premium Charges, such enrollment changes anlOS Ol. cloOCCOpled the wise by SWHP, approved by become SWHP, ei, eclive on the first day of the calendar month for which the change is submd s. unless olherwlse ' led. s PERSONS INITfALLY OR NEW' Y ELIGIFLE FOR ENROLLMeNT WHO DO NOT ENROLL AT THAT Ti ME ONLY SUBSECUENTLY BE ENROLLED OUR+NG THE GROUP OPEN ENAOLIMENt PERt00 ME MAY a ar 'keg O When the Member Becomes Inelrpible ~r5±~ y^ x# A Member becomes inebg ble for cover age under Ibis Agreement under these condltions The SubscFber ~ t r ' ' a a Upc+n lerminehOn of INS Agee jmenj br fweer. Ine Employer and SWHP t b. When eh arv r reQuireme, Y ; t'„ ~•~r. , {IS as established by Ine Employe' and SWHP are not met c. Upon hi,Oreyments; herequiredPremrum + ~1 SWHP, Copayment Charges of.upon nodce01*feasts;xty(60) days to the Subsceberfrom f°~ rr a ' o Upon esleblishmenf of residence Waldo of SWHP's Service Area. a Upon the Subscriber 0, an F ra Services Of COVnage under INI Aey Memb9r aftempfinq a permitting of allowlnp any other person to obtain 1601 ;a{ days; D eemenl fraudulently after notice by SWHP to the Subscriber of N bast sixty r° f. Upon future iN the Subscriber or any Family Member to maintain a ten t t { r ib ~P} PhyliCian OF Conlracling Hospital, 1s defined in Pert Member by a f be With a Contracting In no event shallthotype (t10~days Nov,ever, at by.,,lHPfothe SubscSubscriberofelleasfSling C. ~!Grnut~ce ' by o. equred to to determine that cost or amount of 6erv'ce 44 `q,F`,:"rsr, COnlracfingHospitaL sldfiinfceusa a Member he! tailed to maintain a fenebla relatonsMp with a Contracting phy ;iesiCEan Of 1.: 2, A Spol,se ~ kr° A, t e. On the date the Sub efiber becomes inel!gib,.« ° , h$v r a l . , b, Upon; entry Of final decree Of divorce, annulment, or dissolution of marriage, r t a 111 rLga. ea. . eu,~enn~ rrlR1 a { 1lnA 7l10,Oit ~+rv1i'g:6+I!Yxs1~.NMHYi,FN+rr.:u.e ..r t.. . , r 3..A Child a. On the dale the Subscriber becomes ineligible: D. Upon attainment of the age limitations described in this Agreement, to be effective on the first of the month lollowlr>q the month in which the birthday occurs: 4 c When the child ceases to be dependent upon his or her parents for at leas; half of his or her economic support: d. Upon marriage. a { D Notice Wligibdily t 11 shall, to Subscriber's responsibility to notify S I P of any changes,vhich will effect his or her eligibility or that of Fumy M 'krs for services or benefits under this Agreement E Delivery „ocuments S, SWHP will issue 10 the Employer a copy of this Agreement for delivery to each Subscriber and an Identification Card ~i showing the Effective Date of coverage. PART IV CONVERSION PRIVILEGE AND TRANSFER ti A, Who Is Eligible for Conversion n~. 4 1'. P:r 1. Conversion Agreement: A Conversion Agreamer•t is available upon written request to Members who become I ineligible for coverage under this Agreem, o JNLESS INELIGIBILITY OCCURS BECAUSE' i , 0 a This Agreement is terminated by the Employer or by SWHP; , b The Subscriber fails to pay any Premium Charges or Copsyments due t~. c Subscriber or amy family Member attempts or permits or allows any other person to obtain services or coverage ` under this Agreement fraud0ently, d Failure of theSubscrto-lroranyFamityMember tomaintain atenable relationsh;p with aContracting Phys+Crenof a + 'Awl pNt , Contracting Hospila! as defined in Part V. E , after notice by SWHP to the Subscription of at least sixty (60) days SERVICES BENEFITS AND PREMIUM CHARGES UNDER THIS CONVERSION AGREEMENT APE NOT THE SAME AS THOSE PROVIDED UNDER THIS AGREEMENT. 2. Fee For Service Conversion Agreemenu A fee for service Agreement is available as a conversion option loo those SWHP Members who are eligible for conversin!; Z.Avwage under this Agreement and no longer live wihin SWHP's SERVICES, BENEFITS AND PREMIUM CHARGES UNDER THIS FEE FOR SERVICE CONVERSION AGREEMENT ' ARE NOT THE SAME AS THOSE PROVIDED UNDER THIS AGREEMENT. S Conditions for Eligibility Under the Conversion Privilege 1. At legal one instailmani of Premium Charges under this Agreement must have been paid by or on behalf bl the A ;a G, ; e Member lo the manner prescribed in this Agreement, +f'a, i,2. Members eligible under the Conversion Privilege must request information in writing and Submit the application 10(a SWHP Conversion Agreement ore fee too, service Agreement plus the firs) Premium Charge payment within 31 days , of the Member becoming Ineligible for coverage under this Agreement. r , 3. Eligibility for Ind Conversion Agrsamenl or the Fae Fot Service Conversion Agreement Is not dependent upon prl+ol of I w A : inaufablidy, r' o; 8"P001 (07) Revised 7/10/93 rs t 1 I A t a r I C. Conditions for Transfer Between IPA's I After enrolls ent, transfers between IPA's shall be available only upon change of the Subscriber's address, at the Group Ope,i Enrollment Period, or as determined necessary, by SWHP. f 2 A Subscriber relocating to a new address must notify SWHP within 31 days of such change, and may request, in I writing, a transfer to a different IPA. PART V RELATIONSHIP OF PARTIES I A. The relationship between SWHP and each Contracting IPA, and SWHP and ea;h Contracting Hospital Is that of an ndependen[contractot relationship Physicians and other health professionals in tileIPAandContractingHospitalsand Skilled Nursing Facilities and other community agencies are not agents or employee: employee of SWHP, an employee or agent of Contracting Hol ifafsofthelPAs SWHPshiof SWHP, rv is I, of a ft notbeliable foranyPclaimor demand an account cf damages arising out of, of in any manner connected with, any injuries suffered by the Member while raceiv;ng care in any Hospital, Skilled Nursing Facility, or under the care of any Physician. B ContraclingIPAPhysiciansmainta;nlhePhysician•patientrelationshipwithSWHPMembersaridaresolelyrasponaibfe to Members for all medical services. Hospitals maintain the hospital-patient relationship with SWHP Members and are solely responsible to Members lot all Hospital Services. + C Neither the Employer nor any Member is the agent or representative of SWHP and neither shall be fiable for any acts of omissions of SWHP, its agents of employees, or any IPA. Physician, or Hospital, or any other person or organization with r,w which SWHP has made or hereafter shall make arrangements fa the performance of services under this Agreement. + D SWHP agrees to indemnify and hold harmiess Employer and Members for any expense, liability Or claims for eligible services under this Agreement with the exception of any co-payment amounts which may be raqui red as indicated E l ° + therein, E Certain MemDero may. tor ' r personal reasons refuse to accept procedures of treatments by Contracting Physicians Contraeling Physicians may regard such relusello accept their tecommendalorlis as incompatible willithiliconlinuance kM , a. o the Physic+an-pafrent relationship and as obstructing the provision of proper medical care, Contracting Physicians shall use their best efforts to render all necessary and appropriate Professional Services in a manner compatible with a ~ Y i Member's wishes, Insofar as this can be done consistently with the Contracting Physician's judgment as to the d+ w equirementsof proper medical practice if a Member refuses to follow a recommended treatment of procedure. and the Contracting Physician believes that no professionally acceptable alternative exists, such Member shall be so advised r f' tneconlinuedrefusafbytheMember tolotlowthe recommendedtreatmentororocedurefs)ofContraclingPhysicianf,st '~it 1•', will result intermination oftheSuDscnbef'senrollr ant under this Agreement SWHPalso retains lherightlolerminalea 4 ; Subscriber's coverage hereunder if such Subscriber or Family Member scts,n such a disruptive mariner as to preveht ~,,7 y °d this orderly operations of a Contracting Physician's office or Contracting Hospital. in such case, neither the Contracting i PA Hospitals, SWHP, not any Contracting Physician ahri , after , )r" + °f Subscriber. have any further responsibility to provide cite However, in a no at event shall theltypdays fro SWHP 10 tle e, cosm or amountiof Services required by a Member be sufficient cause to determine that a Member has faded to maintain a tenable °efalionship with the Contracting Physician or Contracting Hospital. ( i ; { V 1 PART VI COORDINATION OF BENEFITS - HOSPITAL 6 PROFESSIONAL SERVICES A Explanation: Hospital, Professional and Skilled Nursing Facility benefits provided under this Agreement are subject to ` coordination with benefits payable to the Member for eligible expense by any other group coverage Including any t' hospital.sorgics1.ofmedic atbaneltpoficy,servic0ploncontract, group prepayment pisn(Dwnotoutomobileinsurtine 4) I " coverage thi Ough any governmental program, or provided by any stale of federal statute, as permitted by applicable law r 8 Purpose: "Coordination of Benefits" determines responsibility for payment of eligible expenses among insurers peovid- ' n0 group coverage to the member, so that the total of all reasonable expense for covered services and supplies will be 1 , paid up to the listed limits of all such coverages, but not to exceed the total expense incurred for those services and supplies a, C Adminislration,ifIhaMembeeisknown tohave groupcoverage through anyother hasNhpisnorinsurer. f$(Pontiu11i lyfor payment of benefits Is determined byfonowing the Rules Establishing the Ordcf of Benefits Determination. Such rules determine the order of payment responsibilities between SWHP and any other applicable group insurer, by eilabiishing r which Is the PRIME CARRIER and which is the SECONDARY CARRIER. 1. The Subscriber: SWHP is the Prime Carrier with responsibility for first payment. except when (a) the Subscriber k SWHPi 0) AevisM Yhbi 5 V e .r covered by another group health plan of insurer as the Employee and that pen ha s covered him or her longer than the t SWHP plan, or (b) the group plan or insurer does not contain a Coordination of Benefits provision similar to this one. R' 2. The Spouse. SWHP is the Prime Carrier with responsibility for first payment, except when (a) the spouse is covered under another group health plan or Insurer as the Employee, or (b) the other group plan of insurer does "lot Contain a Coordination of Benefits provision similar to this one, ' 3 The Child SWHP I$ the Prime Carrier with responsibility lot first payment, unless a. This Agreement covers the child as a dependent of a female Subscriber andlheothergroupplan or insurer covers the chiU as a dependent of a male Employee, or F, b. The order of benefit determination is affected because of a divorce and as4nment of legal custody of the child IF THE MOTHER HAS LEGAL CUSTODY or financial responsibility f provision n or of health insurance, hot group rou Dfa or insurer pays first; the step-lather's (if any) group plan or insurer pays second; and Iha natural father's third IF THE FATHER HAS LEGAL CUSTODY of financial responsibility lorprovision ofhealt' insuronce. hisgroup plan or ' • insurer pays first; the stepmother's (if arty) pays second; and the natural mother's Third. D. Facility of Payment If payments which should have been made under this Agreement are made by any other health plan or insurer, SWHP shall have the right to pay over to such health plan cr insurer any amount SWHP shalt determine to be warranted in order to satisfy the Intent of this provision. Any amounts so paid shalt be deemed to be benefits under this Agreement, and to she extent of svch payments, SWHP shall be fully discharged from liability under this Agreement. E, Right to Receive and Release Necessary Information, SWHP may obtain or release any information considered to be ~•r >a necessary for coordination of benefits with respect to any person claiming benefits under this Agreement without a.' consent of, or notice to. the Member or any other person or organization. However, SWHP shall not be required to j delermine the existence of any other group plan or insurer or the benefits payable under such plan or insurer when computing services of benefits due a Member covered under this Agreement ` , F, Services Instead of Cash Payments, When another health plan or insurer provides services rather than Cash payments the reasonable cash value of each service rendered shall be deemed lobe both an allowable expense and a benefit paid Tne reasonable cash value of any services provided to the covered individual by any service organization plan shall be de=emed an expense Incurred by the individual, and the liability of SWHP under this Agreement will be reduced ra ` a iecordingly 0. A gh[ of Recovery. Whenever SWHP's payment for covered services exceeds the maximum amount of payment necessity 10 $ali sly the intent of this provision, SWHP shall have lhe tight to recover I hose excessive A mount 9 from any insurer, any orpanizslron, or any persons PART VII SPECIFIC PAOVISIONS A, Arbitration: this Para is subject to the Texas Arbitration Act, Articles 224.238, V A T S. in the event of any dispute or Syr ` i ' controversy concerning lhi construction, interpretation, performance or breach of this Agreement arising between the l ~d Employer,aSublerib9;of Family Member or the heir•at•lawor personal representative of such person. as the case may ; be,and SWHPor any IPA, Contracting Physician or ConlractingHospital. suchd+spuleorcontroversyshall be submitted j ? c r to arbilralIon 8 Ape of Third Parties y~,I If the Member is injured through the act or omission of another person, SWHP shalt provide the benefits of this r; y Agrtement,However,,IlheinjuredMemberisent i tied torecovery lotJuchinjury lromamythirdpsrty,such Membersha11 k . soiee in writing: 1, To reimburse SWHP to the extent of the Usual and Customary Fee up to the extent of coverage provided by [his i1% Agreement that would have been Charged to the lnjured Member by the affected provider of healthcare as if the N r Member were not eovere4 under this Agreement Such raimburtement must be made Immedial" upon coltection of l"± Jrg; damages for medical axp^_we by the Member whA!hsf by action al law, settlement, of otherwise. r'<y 2. To Provide SWHP with a hen against any third party recovery, for medical expenses to the exlenl of the Usual and % Customary fee thal would have been charged to the Injured Member by the effected provider, of health care In the SWHMI109)Adva"?/18/85 V,' :4, yq'WNPY!aawrae.n.,,... n;,.~ -?a, ,r,.v....., ,_.a,.M:_...•W.r.a~4i.Nil~.G'aT:ga. ,r:.,ae V.aV •.ar.-.. " s t f absence oI coverage under this Agreement Such lien may be tiled wAh the person whose act caused the injury, such person's agent Or the court. PART VIII GENERAL PROVISIONS i A. Form or Content of Agreement: No agent or employee of SWHP is authorized to change the form or content of Ws Agreement Any changes can be made only through an endorsement authorized and signed by an officer of SWHP, B This Agreement and attachments. if any, the Group Application and the Group Membership Enrollment and Change I Form of Subscribers. a copy of which has been provided the Subscriber. shall constitute the entire Agreement between I t-e parties and all statements made by the Employer or by the Subscriber shall, in the absence of fraud be deemed representalions and not warranties, and no such statement shall be used in defense to a claim under this Agreement ,,mess it is contained in a written application C. E.cept as otherwise provided herein, SWHP shall not have the right to cancel or terminate the enrollment of any S ubscriber w hile this Agreement remains i n f orce a nd effect. and while said Subscriber meets all requirements or Parl I I I of this Agreement. D None of the terms or provisions of the charter, constitution or by-taws of SWHP shall form a part of this Agreement or be used In the conduct of any suit hereunder, unless the same Is set forth in full in this Agreement E. This Agreement may be terminated by SWHP on 60 days written notice to the Employer, it at any time the number of Subscribers and Members covered shall not meet the enrollment regulations of SWHP (minimum of four Subscribers and t~ yzt ten Members). F. Benotils Not Transferable: No person other than the Member is entitled fo benefits to be furnished by SWHP under this Agreement. Such right to benefits Is not translerable. FRAUDULENT USE OF SUCH BENEFITS WILL RESULT IN " CANCELLATION OF THE MEMBER'S ELIGIBILITY UNDER THIS AGREEMENT AND APPROPRIATE LEGAL ACTION r f9;' ' G Notice of Claim If Submission of a claim is required to receive benefits under this Agreement such claim shall be allowed I my it notice of clam Is made to SWHP within 90 days from the date on which covered expenses were first incurred. II LnIeS%it shall be shown not to have becn reasonably possible to give notice within that time limit, and that nonce was •."n shed Is soon as was reasonably puss ble Hohever benefits shah not be allowed it notice of claims made beycmd te'ee years from the date on which SuCh expenses were incurred Members requiring clam forms to role for covered trr , : + ? c4nefils may secure such claim lofms by cantrg the SWHP Patent Satisfaction Coord nator at 12141821.6622 or by a ;d nr "t ; ii ibng SWHP, Patient Satafaction Coordinator at 3310 Live Oak Avenue Dallas Texas 75204 Disputes regarding aims are subject to arbitration under Part VII. A of this Agreement H JYorkers'Compensatroninsurance'. This agreement is not in lieu of anddoes not effect any r3quuement for. or coverage z: by. Workers' Compensation Insurance r„ I Notice' Any notice required of SWHP shalt be sufficient if mailed to the holder of this Group Agreement at the address appearinyonlherecordsofSWHP,and ilnotice rsrlgwredoflnaSubscr{berorlneEmployer. dWill beSufficient dmLtld " < rut; to the principal office of SWHP N 3310 Live Oak Avenue, Dallas. Texas 75204. r"rr - J tnterpretatioh of Agreement The taws of the State of Texas shall be applied tointerpretation t of this Agreement where ( e applicable, the interpretation of this Agreement shall be guided by the diteet•service nature of SWHP'f operations as c, opposed to a tee-for-service indemnity basis az, k Circumstances Beyond SWHP's Control. To the extent that a natural disaster, war, W, civil Insurrection, epidemic, „ r compleleofpartial destruction of facilities atomic explosion or other release of nuclear energy, disability of a significant portion of PA's personnel or similar events, not wiimin the control of SWHP, fesults in the ll ^.itities personnel, of fineneral resources of SWHP not being available to provide or Strange tot services of benefits under this Agreement, SWHP s obtigetion to provide such services or bonetas shall be limited to the requirement that SWHP make a good tailh effort to ' provide of orange lot the provision of such services of benefits within the refuting limitations on the availability of its !acililies, personnel, of resources sw ' f t' L. H Is the Mernber's responsibility to insure that any Physician, Hospital of Heath Care Professional, Blue Goss Of Blue Shield PION Insurance company, employee l:enefit associotion,goveinmental body or program, or any other personor r ' entity having knoWedge of or records totaling to (1) any illness or injury for which benefits are claimed under this SWHP001 (10) Avulsed 7!18/83 s I 1 ' ~v.lar~+l+a SvY~firKWSrFAYwe r,e ,,.....:.w .«w«-.+» N , 4 L r Agreement, (2) a it medical history which might be pertinent to such illness, injury or claim, or (3) any benefits or indemnity on Hcu.unt of such illness or injury or on account of any previous illness or injury which maybe pertinent to such claim. rcb sl furnish to SWHP, at any time upon its requeal, any and all inlormation and records (including copies of recordsl reiefing to such illness, Injuryor claim. In addition, SWHP mey furnish similar information and n+tord9 (or copies of records)to Blue Cross or Blue Shield Plans, insurance companies, governmental body or programs or other entities providing insurance type benefits requosting the some. as M. Agraceperiodof31daysshallbeallowedforpaymentofPremiumChargesduringwhichthisAgreementshallremainin etlecl. Should the Employer fail to pay any installment of Premium Charges, this Agreement shall terminate without the necessity of notice to the Employer or to the Subscriber and shall be of no further force or effect. N. The Not payment of Premium Charges shall be due and payable from the Employer to SWHP on or before the Effective Date of this Agreement Thereafter, monthly charges shall be due and payable on the first of each succeeding rivrilh this Agreement remains in force Premium Charges may be changed by SWHP on at least 30 days' written notice to the Employer prior to the date of such change, and payment of any installmert of Premium Charges as altered shall constitute acceptance of this change. PART IX GRIEVANCE PROCEDURE In the event a Member is dissatisfied or has a grievance with regard to services under this Agreement, the Member may call the SWHP PaIlent SetislacIion Coordinator at (214) 821 -6622 or write to 3310 Live Oak Avenue, Dallas, Texas 752N. The SWHP r ` Patient Sollefect Ion Coordinator will attempt to Informally resolve the problem to the Member's satisfactIon. 11, after this Woe mat problem reeolution the Member remains dissalisfied,the Member may callor write the SWKP Patient Satisfaction Coordinator to request a patient Satisfaction Request Form. The Member must include all pertinent information from the SWHP Identifica- ? , lion Car d and the details and circumstances of his/ her concern or problem. After rev**. SWHP will make a delorminalion and inform the Member, normally within thirty (30) days of receipt of the complaint. It the Member Is dissatisfied with the determination by SWHP, a hearing may be arranged to review any additional information. To activate this process, a Member must complete a Formal Grievance Hearing Request Form available from the SWHP i t a Pal ienl Satisfaction Coordinator at the location or telephone number above. A formal Grievance Hearing will then be held by a the SAHP Grievance Committee whose members include the SWHP Executive Director, Medical Director and two members of the SWHP Board of Direclofs, normally within 1301 days of receipt by SWHP of the completed Formal Grievance Hearing < z' Reques! Form, allowing the Member the opportunity 10 present any intormalion in person The Member will be informed of the fyi, , ` ; t xnr'. deeisro^ by SWHP within 10 days of the Hearing r t Illhera Acontinueddissatisfaction. theMember mayrefer toSubsection ^A"of the"Specific Provisions," Part VII foirdetails on the art•1•ation procedure which may t:e pursued a. PART X COVERED SERVICES AND BErAFITS T"~~ *K r ' ;,'ys A. Professional Services Performed within the SWHP Sorvice Area A Member shall be entitled to receive the fuPowing medical care and services ol Physicians and Health Cafe Personnel i Including medical, surgical, diagnostic. therapeutic and preventive services, which are generally and cusfornsfdy r, r y ±r provided tntheareaANDWHICH AREPERFORMED, PRESCRIBED, DIRECTED ORAUTHORIZED BYACONTRACT. i r INO PHYSICIAN, ' r.. a f I Medical Care . 1 A. Necessary medical care end services, including office visits and consullations. HOSp@al and Skilled Nursing facility visits, periodic routine check-ups, physical examinations, vision and hearing examinarions, and allergy luting and treatment s. J i 7 y f 1 F THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. 3 ,x B. Diagnosis and medical treatment for the detoxificalion from alcohol or other drug abuse. ' , THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. ,+j fq , s SIMHP004 (II Ae I" If/18/85 r ; .1 :~A4a1fs'~a,r+\,....`.. m. ._.••+•-,`•w':•ar.....ra.,... .w.a w.. --,.,,..n aXwfi M.p'FJ kcii:+li'Y►'.~~YdL iFa`.YnhrM✓Y+iMw?..an....w pp F r I ~ r - 1 it . s. *pecmeo unwunitauune anu uyectwns , A. Immunizations at no charge for the following diseases diphtheria, OPT (diphtheria, pertussis and tetanus), measles, munps,poliorril ia,SmallpoK,tetanus, whooping cough, prauncvac,andrubella. All other injections of injectable medications administered u authorized by a Contracting Physician. THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. 8. Allergy serum and foreign travel immunizalion are excluded MEMBER MUST PAY FULL CHARGES. 1 Surgical services d All surgical procedures, Including repair of congenital defect, including the services of the surgeon Of specialist, assistant and anesthetist or anesthesiologist together with preoperative and postoperative care, { THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. 4, Laborelory Procedures and X-ray Examinations ' AN prescribed X-ray and laboratory procedures, services and materials THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. i r + 6, Horne Visit 7r~a # Home visits within she SWHP Service Area by Contracting Physicians. a1 their discretion MEMBER MUST PAY TEN DOLLARS (SID 00) PER VISIT. Tt„~r 6 Short-Term Rehabilitative Services ' therapy. occupational therapy, speech therapy and inhalation g physical t ) Short-term rlhabildetive s6rvites includin thelipyTherapyiehmitedtotreatmenifor condtionswhich.intnejudgment of the ConlracbngPhysician, aresublect iptign fiCant improvement lhfOUQh relatively 5hbrl•lerm therapy 'Short-term" Shall be cOnsideredto be s period not exceeding 60 days per calendar year MEMBER MUST PAY THE FULL CHARGE FOR ALL DAYS OF CAGE OVER 60 PER CALENDAR YEAR Care for Condit Pont of r'•e9g nancy ~r> 'ea k, A Professionelservices, int"'udingprenaUland postnatal care, delivery, newborn caraand care lot complicaticnsol " F t pregnancy Care includes ti^enaial diagnostic praeduret in the case of hlgh•risk pregnancies. a, THE ABOVE SERVICES WILL SE PROVIDED TO THE MEMBER WITHOUT CHARGE, S. Therapeutic abortions are cons dared complications of pregnancy. k THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE 0 Elective abortions. the determination about whether abortions are considered therapeutic or erectA,shall be T , eiad,r by the Contracting Physician MEMBER MUST PAY ONE HUNDRED FIFTY DOLLARS ($15000) PER PROCEDURE. ' O.Careofthenewbomdurtngthetlrs131dsysoflife.Coverage forcare 0lthenewborn will continue beyondthe3fat 1 x day provided the nawborn is enrolled within 31 days after binh and the applicable Premium Charge, if any, is paid THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE, { Pi a $yy;~ (12) Revi 1/MOB jf{, r I 1 y~w•'rw,L•w ~'+AIWI~MA7R~iMM~r+Rr y :Ai i a J ?,~t 4 w t icy ~ % i w 8. Famiy Planning A. Services, counseling and plannirg for problems of fertility and infertility, lading and insertion of contraceptive devices but not the charge for such devices, exclusive of in vitro fertilization are available when determined lobe Medically Necessary by a Conlracting Physician. MEMBER MUST PAY FIFTY PERCENT (50%) OF THE CHARGE FOR SERVICES PROVIDED PLUS THE FULL CHARGE FOR CONTRACEPTIVE DEVICES. I, B. Voluntary Slerili:ations. t MEMBER MUST PAY FIFTY DOLLARS (550 00) IF A MALE DRONE HUNDRED FIFTY DOLLARS (S15000) IF A ;k FEMALE 9 Health Education ` Health Education services and education in the aporopriate use of SWHP services are provided. Health Education services Include educational activities and publications which contain instruclions on achieving and maintaining physical end mental heath and evenling illness or injury as provided by SWHP. THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. 11r r 10 Home Hearth Services k Home Health services including proressional nursing care by a registered nurse, short-term physical therapy, and h~ < short-term respiralory therapy. 'h~t»ii it ¢ ME MB ER MUST PAYTENDOLLARS(510.00) FOAEACH DAYOFCARE. ONLY ONECOPAYMENTISREOUIREO FOR EACH DAY OF HOME HEALTH CARE FURNISHED NO MATTER HOW MANY PROVIDERS ARE INVOLVED r THtSCOPAYMENT MUST ONLY BE PAID ONCE FOR EACH DAY OF HOME HEALTH SERVICES FURNISHED, Un ' TO A MAXIMUM CCPAYMENT OF 520000 PER MEMBER PER CALENDAR YEAR 11 Ambulance Services sr~~ ,s Medically Necessary ambulance service THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. 12 Care for Nervous f+Q Mental Condil+ons rt r m A INPATIENT MENTAL HEALTH CARE PROFESSIONAL SERVICES ARE NOT COVERED, THE MEMBER MUST PAY THE FUL;. CHARGE FOR ANY SERVICES "ROVIDEO, ►E t, r ; 0 Oufpatienf mental health care consultatons, up to twenty 120) Vises per Member per Calendar Ysef. , 1~4 f ~~t+ri) MEMBER MUST PAY TWENTY DOLLARS (320.00) FOR THE FIRST TWENTY (201 VISITS EACH CAL ENOAA YEAR AND THE FULL CHARGE FOR EACH VISIT OVER TWENTY IN A CALENDAR YEAR. 13 Oulpatient Pltiarmaceulit a) Agents 4;Y` ~ ,Y Y, ti Only, those pharmaceutical products requiring a Physician's prescription AND that ere prescribed by a Ccntracling a .t Physician. r MEMBER MUST PAY FIFTY PERCENT (50%) OF THE CHARGE FOR PRESCRIPTIONS PROVIDED, A I Ii 1. f 5 14 Dwebla Medical Equipment 4' 3 A. Internal Durable Medical Equipment including but nol limited to internal cardiac valves, inletflal pacemaker, mandioufa► reconstruction devices, bone forew$. bolts, nails, plates, vetaftium heads for jotrlt reconstruction, wfre maah and Any other Infernal and permanent device of reasonably approved by SWHP, THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE, r ,n SWHftl (1II)RevAllod e8J8S i ~ ' ,.AyI~N,M.,,.K ..I.n:,arwuiwa •-•»•wr~ ,In»~*"^ ' d t§Jn,'', bt 5 p B. The rental, but not to exceed the total cost of, or, at SWHP option, the purchase of external Durable Vedic at Equipment required lot temporary therapeutic use provided that such equipment Is primariy and customarily used to serve a medical purpose THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. 15. Prosthetic Devices J ( , Prosthetic devices, special appliances and surgical implants required by a Member for an illness Of injury commenc Ing on or slot the Effective Dale whenthey arerequired lorepfacealf orpam ofano(gan of tissue of the human body. j ~a^S r t or they are required to replace all or pad of the function of a non-functioning ormalfunctioning OrganOrtissue ofthe human body. Adjustments of covered Prosthetic Devices special appliances and surgical implants are in benefit when required by wear or change in the Member's condition. Repair and replacement of covered Prosthetic Devices, special appliances and surgical implants ate covered when necessary 10 make the equipment serviceable so long as the ry Prosthetic Device continues to be necessary. Y~ 1 THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. xa B. HospitalServices In LegalyOperated Hospitals and Eligible Skilled Nursing Facilities Provided WithintheSWHPService 1 Area. 2 „rti Hospital sarvfces will be provided to the Member if furnished and billed by a legally operated Hospital or Skilled Nursing hti t4 k r s Facl , when determined to be MEDICALLY NECESSARY AND AUTH0912EO BY A CONTRACTING PHYSICIAN t. Inpatient Services A •,r - , ;V Cara in t room of two or more or in • Y Deds o special trealme~ units licensed by the State. such as intensive or ~ y` COrOnarY care units U a private room is used benefits will be limited to the equivalent of the HospdaPS most s is c prevalent two-bed room charge in accordance with the Schedule of Covered Services and Bernefils unless r y z deemed Medically Necessary and specifically orCered by a Contracting Physician MEMBER MUST PAY THE FULL CHARGE FOR USE OF A PRIVATE ROOM (WHICH IS IN EXCESS OF THE r, a HOSPITAL'S MOST PREVALENT TWO•SED ROOM CHARGE) NOT MEDICALLY NECESSARY AND ORDERED BY A CONTRACTING PHYSICIAN r t4~~ y ,rat vf^ k `rw All inpatient services and supplies which are MEDICALLY NECESSARY (unless otherwise excluded herelm v - 'r • a B INPATIENT SERVICES FOR NERVOUS AND MENTAL DISORDERS ARE EXCLUDED. w y. r 4 MEMBER MUST PAY THE FULL CHARGE FOR SERVICES PROVIDED. C. Inaltient Services for diagnosis and medical Treatment for the detoxilication from alcohol or other drug abuse THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. r 2, 00psliam Services f 4 A. Hospital charges for outpatient services and supplies which are MEDICALLY NECESSARY (unless otherwise f 7f kniodod herein, • s; THE ABOVE SERVICES WILL BE PROVIOEO TO THE MEMBER WITHOUT CHARGE. i r ' ^~~x ~'a .',fir ~w B. Charges to( services provided M aribulatory surgery centers y S,"J4 3 1x THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. M Yq, x`4 ¢4 ~G gyp, ; , BWMPWI 111) Revised 1`11818:5 ' i i ^ 4 , t pp• ' ] r t ! 3 Skilled Nursing Facility ++J Prlor care in a Hospital is nol required before being eligible for care ins Skilled Nursing facility if AUTHORIZED BY A CONTRACTING PHYSICIAN Such benefits shall be provided on the same basis as set lorlh in 81. above. THE ABOVE SERVICES WILL BE PROVIDEO TO THE MEMBER WITHOUT CHARGE. i. C Emergency Services Within the SWHP Service Area 1 If injury or illness requires Emergency Services, as defined in Part I, Defin4bns. of this Agreement, a Contracting Physician must be notified to obtain care or authori2atlon for care prior to the rendering of such treatment. If such prior authori2atlon is obtained, Professional Services as well as inpatient or outpatient Hospital services will be covered. ' y If, due to the nature of the Member's condition or the Member's location wills m the SWHP Service Area, the Member + Is unable to obtain needed services from a Contracting Physician, the Member may obtain services from any Physician contracting with any IPA contracting with SWHP. Such services will be covered as if they had been provided by a Contracting Physician: W 1k; r a THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. y 2, However, if the Member is unable (due to unconsciousness orlhecatestrophic natureof the illness or accident) to ` *'•y, obtain prior aulhoriza[ion from aContract in2Pnysicianandimmedialeemergency treatment necessitalestheuseof anon•SWHPContracting Physician orContra cling Hospes1. services will be covered 8 S 4 the CoMracting Physician had been notified. In such case. the Member must, at the earliest time reasonably possible, but no more than 48 hours after care is received, contact a Contracting Physician to receive authorization lot care. r r 1. THE ABOVC SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE 3 Payment lotcontnuingProfessionalServicesshaltbelimitedtoexpensesrorsuchcaferecuiredbeforelheMember can, without medically harmful or inlun0us COhS@Quencls, utIIIZe lh! Slrv;ef 01 a COMraCling PhySiGien r r THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOL' CHARGE ,ky }'f • 2 FOLLOW-UP CARE MUST BE PROVIDED BY A CONTRACTING PHYSIC AN. UNLESS OTHERWISC AUTHOR, 2 r 12ED BY A CONTRACTING PHYSICIAN FOLLOW-UP CARE S ANY CARE WHICH IS PROVIDED TO THE MEMBER AFTER THE MEDICAL EMERGENCY HAS TERMINATED MEMBER MUST PAY FULL CHARGES FOR ANY FOLLOW-UP CARE NDT PAr.VIDED OR AUTHORIZED BY A CONTRACTING PHYSICIAN rj t r" fit; 6 SERVICES WHICH APE NOT EMERGENCY SERVICES AND APE NOT AUTHORIZED BY A CONTRACTING Vii` y K r PHYSICIAN ARE NOT COVERED. 4' I a MEMBER MUST PAY THE FULL CHARGE FOR SERVICES PROVIDED t ~nn {y } t7. ' Services Provided Outside the SWHP Service Area t. t , la' OUT•OF•AFIEA SERVICES ARE COVERED FOR EMERGENCY CARE ONLY 1. If the MolimbertecelvesEmergency Services. as defined In Flrtl,Definitionsof this Agreemenl,outs leoflheSWHP `w Service Area, benefits will be provided at 100% of charges lot pfafess+ona:care and outpatient Care. and 100% of Charges (orHospilatinpatiehltire Oul•of•3fesEme(gencyServicesareprovidedonly0aCoMractingPhysicianis y not&eda1 soon as possible of If uchemergat) cy care, but no more than fon) •eight (48)hours after core iareceived t? THE ABOVE SERVICES WILL BE PAOVIDED TO THE MEMBER WITHOUT C14ARGE, t 2. II the membet is unable (due to shock or unconsciousness) to contact a Contracting Physician, and Immediate emerQenCylrealR+eM ne0elCilafesthe use of nOn•SWHP Contracting Physicians or Contracting HospHd, services t r~ will be covered as It the Contracting Physician had been notified However, the Member must, at the earliest time reasonably possible, but not more than forty-eight (48) hours alter the Gait is received, Contact the ContrlClinq s r PhyslClan 10 teCelve suth0titslion (or earl, b'WHP00i (161 Revised T/18/86 Y „ kvsw,r;,, kwwF.a.tio w`•n.rµiJ:.:aJd.' i°.. I~ THE ABOVE SERVICES WILL BE PROVIDED TO THE MEMBER WITHOUT CHARGE. 3 PAYMENT FOR CONTINUINGOR FOLLOW-UP CARE WILL BE MADEONLY IF PROVIDED BYOR AUTHORIZED BY A CONTRACTING PHYSICIAN MEMBER MUST PAY FULL CHARGES FOR ANY CONTINUING FOLLOW-UP CARE NOT PROVIDED OR AU- THORIZED BY A CONTRACTING PHYSICIAN ' d, SERVICES WHICH ARE NOT EMERGENCY SERVICES AND ARE NOT AUTHORIZEO BY A CONTRACTING ' PHYSICIAN AR£ NOT COVERED. z MEMBER MUST PAY FULL CHARGES FOR ANY SERVICES WHICH ARE NOT EMERGENCY SERVICESAND ARE yyt NOT AUTHORIZED BY A CONTRACT ING PHYSICIAN ` PART XI GENERAL LIMITATIONS r SWHP shall not be required to furnish services or benefits for: 4r A, Allergy serum end foreign travel Immunltstions B. ANY SERVICES NOT AUTHORIZED BY A CONTRACTING PHYSICIAN. C. The following Surgeries unless Medically necessary. Surgical excision or reformation of any sagging skin of of on any j °ty ? Carl of the body including but not limited to the eyelids: face, neck. abdomen, arms, legs or buttocks; any services 4 performed in connection wilh SAe enlargement.reduction, or change in appearance o( a portion of the body including but ? not limited to the breasts, lips, jaw, chin, nose, ears, or genitals; heir transplantation: chemical lace peels or abraslon of ` the skin; or etecirotysis epilafiOn. , Flv: ti' q: D. Cosmetic Surgery and related services are excluded unless Medically Necessary E. -Sex Change. Any procedure or treatment designed to altar physical characteristics of iris Member to those of the ' opposite sex. and any other treatment or studies related to sex transformations { ,r y F. Reconstruction of Prior Surgical Ster n:ai-on Procedures Services to reverse voluntary surg catty induced infertility , < <$Fi" Q Experimental or Investigative Procedures' Including but not limited to hear. heart-lung. pancreas and liver transplants. ; except a$ necessitated by Di6ary elres,a in children, and all procedures not Medically Necessary and all other charges .a A ? A rJ ' such is office visits or laboratory procedures incurred in conjunction with noncovefed therapy. x H Routine Physical Examinations for msufance licensing. employment. school, camp or other non. preventive purposes unless specifically provided elsewhere in this Agreement. rr"r'` k~k I Custodial or Domiciliary Care. regardless of the type of facility „1": j' t J Substance Abuse: Treatment of chronic alcoholism, drug addiction and other chronic substance abuse problems. TtYt ; r ~ ~ except for the acute medical treatment of these problems and detoxification from alcohol or other drug abuse. K. Rehabilitative Services' long term (61 consecutive days of longer) rehabilitative services including physical therapy. occupational therapy, inhalation therapy and speech therapy. Rehabilitation services from alcohol Of drug abuse, L. Miscellaneous Hospital Expenses Personal or comfort items. M Dental Servleea' Care or treatment of teeth and supporting structures except treatment of accidental injury 10 sound, ra natural teeth and supporting structures, restoration of replacement of Injured sound natural teeth; exlraelion Of teeth; rr y* treetmar+toldenlalabscessorgranuloma:dentalexaminationsandtroatmentofgingivaltissuesotherthintumors Spot r grindiri crowns and bridge work or other Iestoral+ons or mechanical devices are not covered fegardtees 0( 14 reason l . " lot euth services, tr "ti , 3'' r~ N. Servloee for Disorder of the Temporomandibular (Jaw) Joint: Tempofomandibuter joint (TMJ) disorder commonly causes headaches, tenderness Of the jaw musclet: or dull aching ficlat pain. These symploms often result when y ; 4' SWHPOGI (18) Aevlsed 1!18186 F v .A r chewing muscles and jaw joints do not work together coriecily Treatment and servicesforTMJdisorder.whicharenot Medically Necessary, are not covered. 0 Private Duty Nursing and Private Rooms for registered bed patients in a Hospital or long-term care facility, unless deemed to be Medically Necessary and ordered by a Contracting Physician, p, Pre scribed Drugs and Medications Unless prescribed by a Contracting Physician or provided to a registered bed patient in a Hospital, a Skilled Nursing Facility, or administered in an authorized Home Health Care Agency Program, 0 Mental Disorders Hospital or professional services and supplies provided to a registered bedpatient in connectionwilh mental or nervous disorders Outpatient professional services provided in connection with mental or nervous disorders In excess of twenty (20) visits in a Calendar Year R Non-covered Items' Durable Medical Equipment which is not primarily or customarily used to serve a medical purpose. disposable sheaths and supplies; exercise or hygenic equipment; corrective appliances (except casts, splints and w dressings), support appliances anJ supplies such as stockings; arch supports, orlhotic items, and corrective shoe+; 1 contraceptive devices, air conditiol ers; humidifiers comfort items, hearing sids; contact or corrective lenses (except an implanted tens which replaces the organic eye iens), and eyeglasses f, S. Duplicate SWHPCoverage:Ifthehlemberiscovered by morsthin one SWHPgroup pfan,benelitswill be determinedby j` applying prowls ions of the CoordirMion of Benefits :eclion. xtr ~ T. Medicare: All services, supplies and benefits provided Wet this Agreement shall be provided by Contracting Physicians and Contracting Hospitals but shsrl be reduced by any amounts to which a Member is entitled under the program commoMyreferredtoos"Medicert~'established byTitleWit of Public law89.97(79Statuiles286•$s3;,This Limii shallndepplywithregardtocoversgeofemployedMembersages65through69andanyemployedMembersspouse ' ages through 69 who choose SWHP as their primary carrier, except for coverage of hemodislysls as presided by t r Medicare j U Worker's Compensation. Services shall be provided by Contracting Physicians and Contracting Hospitals but no y't+'' r> i, ' 4 benefits under this Agreement Will be paid for any illness or injury sustained by the Member for those benefits which are In ' whole or in part either payable or requited to be provided under any Worker's Compensation or occupational Disease r r law or similar law, regardless of whether apphcalion has been made or benefits paid under such laws V. In Vitro Fertili2ation procedures ;j r , ~t W ServICea W Supplies furnished by, or se tvices and supplies to the extent that payment is made available or provided by the Federal or any state government or any agency or subdivision thereof, except Medicaid F ,5' X Services a ridSupplieaforwhich aMember isnotrequired tomAkepaymentorforwhichaMember would nothavealegat Obligation 10 pay in the absence of this of any similar coverage, r r Y : iervlces and supplies for treatment. not Medically Necessary, related to behavior, social maladjustment, . tack of }y s ? discipline of other antisocial actions u 3 ° 2 Charges for 1ransporlalion of the Member to or Irom any loealbn top treatment or consultation except lot coveted Arnbulan ca Services. e y i a~ I"{U wry? X i, i Y i , SWHP001W)Advised 1/0/95 rr •~Y V.n. tlKi Vq'.WUAlhlrw~~"••••_ ~d~ r: ~Wµr:YUryww•+.n. ~ , r.,,haw.r-iii NF.iA+:vvrw ar,...._.., ~,r~~N,k~:3rtlaYdW3 I , iMr~ J~''' r• Yom,, i , y 1 f'r t r f l ' •'r . T SiSt 7 .e( I v rmn n.. SOUTHWEST HEALTH PLAN. INC SERVICE AREA MAP AOMINISTRATlV OFFICE CONTRACTING HOSPITALS I. 's HhEUn Baylor mversey goal Cenler 4 Gra pew ne Me0¢at Center ® 3110 Lrve Oak Ave. Suite 300 3500 Ga Ill cn Ave 1650 W Codkpe SI Dallas Teas 75201 Dallas. Texas 75246 Guoewne Texas 76501 2 Baylor InstAulf ol Rehab4itabon 5 EnnH Comme,ty Nol l 3504 Swiss Ave 903 W Lampasas Dallas Texas 75204 Enn! feus75119 3 AA Ch,mren's Mee,ui Cenle+ 6 TonerY Communlr Hospital 7 k1935 Al +405 W Jertlil n JJJJ/^^^^^11111 Oil Texas 75235 III^^^111 Waxanacne Texas 75165 SCALE • 7.44 mJell LO, f T1ONS OF CONTRACTING PHYSICIANS OFFICE SE" RyICE_ARABOUNDARY • ~r / Adid a w 01 PW l ,s. Goa ,,,,ru ~ ~ a.rxW. i s.\ rr. J r ~r wr ROCst1YALLC .l I 1 e lid ^S \ r I ^a r' r \ 17.ae ~ Nr r ct 7 / Plot f 1V I i 14 lit L 't 7 rlv~ COUNTY 1 y /I 'r t SOUTHWEST HEALTH PLAN, INC RIDER TO THE GROUP HOSPITAL AND PROFESSIONAL AGREEMENT RESPECTING INPATIENT MENTAL HEALTH CARE SERVICE PLAN A In consrderanon of the timely payment of Premium Charges, d is agreed that the provisions of this Rider shall be added to the Southwesl Walth Plan, Inc. Group Hospial and Professional Agreement in conjunction with which d is issued. t~ PM I, Dehnttons I A Psyc Inc:0ayTreatmenlfaciMymeansamenlathealthfacildywtt+chprovidesIreaImeritlorindividuaIsSulleringfrom acute vnfaland nervous disorders in astructured psychiatric program utilizing indwicivaltreatment plans withspecific attainaole goals and objectives appropriate both to the patient and the treatment modality of the program and that is aupervsed by a Doctor of Medicine who is certified in psychiatry by the American Board of Psychiatry and Neurology. ` Parl X Covered Services and Benefits A. Professional Services Performed Within the SWHP Service Area a ti 1. Professional Services provided 10 a registered bed patient in connection with mental or nervous disorders for up to awry (30) days per Member per Calendar Year. r ?„9r MEMBER MUST PAY FULL CHARGES FOR ANY SERVICES PROVIDED IN EXCESS OF THIRTY (30) DAYS PER 79 MEMBER PER CALENDAR YEAR. i hp t rA 5 e1 Q L r l`s f3. Hospital Services Provided in Lsgalty Operated Hospitals within the SWHP Service Area x t` I. Care in a room of two or more beds or in special treatment units licensed by the Stale for up to thirty (30( days per Member per Calendar Year. if a private room is used. benefits win be limited to the equivalent of the Howairs most ;e prevalent Iwoabed room charge, unless deemed Medically Necessary and specifically ordered by a Contracting r , ,p Physir'ign. For the purpose of determining the days of care available to be used by a Member, each full day of rµ19,'f treatment in a Psychiatric Day Treatment Facility shall beconsidefedtobeequattoone-hallolonedayoftrealmentin ' nT t - a Hospital MEMBER MUST PAY FULL CHARGES FOR ANY SERVICES PROVIDED IN EXCESS OF THIRTY (30) DAYS PER MEMBER PER CALENDAR YEAR AND THE FULL CHARGES FOR USE OF A PRIVATE ROOM (WHICH IS IN EXCESS OF THE HOSPITAL'S MOST PREVALENT TWO-BED ROOM CHARGE) NOT MEDICALLY NECESSARY ( s ` t^r AND ORDERED BY A CONTRACTING PHYSICIAN, cil % a Fy " { ,f Part XI. General limitations A. Paragraph O. Mental Disorders is deleted and following new Paragraph 0 replaces it i y pk~; rk 0 Mental Disorders.Hosplatandprofessional services andsupplies provided tooregistered bedpatient inconnection arm,. ,r r( withmentajornervousdisordersinewcessofthirty1301daysperMemberWCalendarYear Outpatient professional f sentiCea provided in connection with mental or nervous disorders in excess of twenty (201 visits in a Cglendar Year. i b~ L `1 ~ .;Y 4 Y I~ }1}i.' r ad~k Uy Q r y, a SWHP001.O (01) PeviW 7/10/85 c 'r S f1?::i ii+; ` t~ - r ~ i r fJ~ . i r}. +„~.k...ee... „n ,wr ,y...-..•s. _ w.a.'wW' MAN ~ S)tA .Y tiu 9 y^~~. L~ r , hwwewwv+.w ^ s3r~ ~~rY'IwIA 4?. YUW.~... raw-^~ l.Ah 7i `lp A yy r rri 1~+ r f r s i p AMENDMENT TO THE SOUTHM$T HEALTH PLAIT, INC. GROUP HOSPITAL AND PROFESSIONAL AGREEMENT RESPECTING CONTINUATION OF BENEFITS FOR CERTAIN DEPENDENTS Pursuant to Article 20A.26 of the Texas Inswance Code. rwlice is hereby given ihal a Family Member who becomes Ineligible for coverage under ibis Agreement because of severance of the family relationship with the Subscriber which created 091bttiy.deelh of the Subscriber or the Subscriber's relkemeM may continue coverage with the Group under this Agreement lot a period not to exceed one (1) year front the dale of severance of the family relationship, d!oth w retkemenl of the Subscriber, N the Family Member has been enrolled under this Agr eement too a period of at least one (1) year or is an infant under one year of age. • The Subscriber must give written notice to the Group within fifteen (151 days of any severance of the to" relationship that mIgiN ectivole this continuation option. Upon receiving this notice, the Group shall immediatefy give wrillen notice to each sffecled Family Member d this continuation option. ' , Upon eeceipi of notice of the death or raliremenl of a Subscriber. Group shag ir"dialely, give written notice to Family Members of this continuation option. Such notice shalt Include a sialement of the amount of premium to be charged and shah be sccompanteed by any necessary enrollment forms. ' } WNNn 1or1y•flve (45) Boys from the severance of the lamly retalionsl9p or the retirement or death of the Subsubw, the family r Member most give voillen notice to the Group of the desire to exercise this conlinuaaorr option or lM option expires. Coverage j yt, ;y< under this Agreement shall remain In effect during Ibis forty-five (45) day period provided the Premium Charges are paid. Family Members exercising Ibis continual'wn option shat) pay the Premium Charges for ;.overage under this Agreement directly to the Group, Such Family Member shelf have the option of paying Premium Che des to the Group In monfhy t 4P'ti" f instortmenis.Group msyregviresuch Family Members topayafeeofnot more than Wesdollars (VIamonth for administrative costs. The Premium Charge for conlinuellon of coverage for a famiy Member shag be no more'hon the Premium Moos t 4 i under this Agreement for the Family Member had Nu family relationship not been severed. ; N a Family Member exercises Ills conlinualiar option coverage of that Family Member continues wilhW inlerruption"may not be cancalted or otherwise terminated, except as other specified in this Agreement or unlrl: Sat ",i 1) the FomNy Member faits to make a Premium Charge payment in the time repuired by the Group to make Ihel payment; 2) the Family Member establishes residence outside the SWHP Service Area; a. x k 31 the Family Member becomes ergibte for substantially similar coverage under a heaflh insurance poky, hospilat, or medical service oubscrtber control, medical prsclico or other prepayment plan. to pie event of any conflict between the provisions of this Amendment and this Agreement, the povisions of this Amendment shall prevail. AN other terms and conditions of this Agreement remain In fun force and effect rR , r I + .h r SR i . a M q V J , x i Piz. l••• M•• I Y. Vy! ► / Vin ' • W.r 'O/ / • gww •60, k,•.• { ►-1t1 lw,l • "~l t+,t • . two w•Ili A al y{ ,W:• / / tA•y. Ca1It 11, m Ctt•M ~Cv4A,4 •f +..„Of•rM !:r• IIM D•IVr y~ 'v.~,!~.•,•~. T t~~ r J . i R' • rn.n., 'kill I A, . I rC.. . Y( Mro, Ar • l••, w wl►.L. 11f~ mr AMAM e•. W" 4 1 t •.,r r/ n{A„ ul Lnlr.. I / w I,. NPF y O a ` `r .4 1!.I, • l+•~, Mr• S a~• lt I.... r:•• ~i,,',/ r•:.... w L r T / , ' •iI/ •~A "`i Mob►.F• 6 • R►IpM • j AIS SAytDf fro t r»11l CM►•,.1 ' . 'k'rP'. , tYr O / ,,r / , 1 dd G•r•d. fllr 41•... I(IYANO np.t. "i aE~~ /•'04}l.r t:°r., Iw. wrd~:w. At~l, ~/rod.c &PON { al,r Ir r` / 10SOIM Y•f ; t.~+Y 6 , Mill" SQAr,. Il'r. I~ lr, YAJONT MAPS 'r r7, , ~~t ~k IS{tM • '"r,. Mitt ~ Iw+ G,~•'F'/' Cu • 1 •y; AIlk4'M•',1511L'1 Nlkf •HI t '11"l roil,w ~~.I'rr'ASN,y'~Iq I',,NrpAl'.11rp 1111V':II'fANti IIIIU`i1; ••N','1r1 .1111 .1 /!i,ryf r'F tt,• ri 11'•A Sr 110.1114 PtI v r © l llrl l,;n r1.114,+•rl S"I., IrkI y r IlAll la tn, 16 0+,,'111 1'Alfl YI 1, N,lrl 1LV1 Sr 11CAI 111 rl AN INI: 14 11`6 141 Al 11 A I.V, 0' 'Y7t,2 ON I IlA~I 1 !t1r ; 1 M 7.11'1 I Al All $.'ud• first rxwl Nuar,l. 11 1d f, IJaylar f.l,,. lr. 110,1:4 •.4l10Aprv,14. 111 I.hdd,•'nY1.1,1•a Cnnh~r 17 Ir.•'t7 t:,mmu!klt 11-;g11,11 III 10i1'rrlll IW W •,I I; A ti„rt VI 45 A1rx-ka CI" •,1 ~ 1911 :'a, Arlov Dou1i'raM 1 5 • fan E14 AA-r" Grap,,v,rn• trvas 4..", 11.IM1% to tas ttI, V, IIVNwj total 75061 7 a 1, A.-III lean MIL' ' 1A171 INA 1411• 'I'll:Nw 1'rl 0.1 Ck1 yM}h'','i " J A•k•gl.vl lA,"rxncrl 111•.11111 14.1,4•r 1A„.I»,r 010.t P II I,r► 11 Wit ttr Cl4 10, .(1 r kill rlx..11 I, 1.4 •'r1 •dlUryldal of(111In y 1 .7~ 0.0 W. a Rowl'A 1.114 Itimot Pill I.r•a. ~r ~.•IIr,rIV.•Curx' 1 A•?w,?m lr'. Ia 1RIIlA Sr IIns III 1-41. ;I,r C!•.•,q I,'I'IY l.,ttv.101 (1,u11•'! Iv,I&i`.dW s IA171?!14Jt1 Wgtrll.1ht I•,,n IS', IIW-aril, l••r lr hall." J!,.'),11 li P > 1?I N'rl'S'Ha 1111 /1'i 4651,f " 'l I r,'.+ 1u.1 f 1LI,t 11 Ie11dd,r1," U111 • "1.r ry I',n/ },t•I,r.d ' ' !o I 1111.1 X51 v A.4""O N r'1b!'-r r: 1, •orr.ll lIt, l„I11 1; oil i nr l l»o q 014:151ohP 0•1 t'1•°.t I'k'Asifil Rur ' r.. 11 r1t• 1.~. 1:;4,'1,1 J^15.1,• lianlyq N"14.rrl ,~A,, 14 r.he .rvr• 111 t;l f irtaa .',1 dQ rj Inrp,lCn nik rr t.Ir ihLll )-j Itnllia 1, tar 'S: Iq 1?IL::1 16011 Ak•Irn 79'3. I 11 .,4rlLn rl 4, r)•lo dt ,+d' I'II1a,171.''1 li,'IR111I nr 11,' 0 nil 4 ur. •r 1 I I'rrt.r. I •Ih Id111 [AII ror, 11 ILr 1uM 11 WI,. 71 , 14,m1lo'l `..J &'liutll olttti11A~111,arlbv IJAII If..t,lr 11xnu'.,a,IrtaS N(w 1 i d u11» r „ 1, l I ' H ~ I I W+ Y lr. 1.. r. "Al 1'. ' 11 1 111 , 11 r:4q 1,4+Ir• rlf,rA,r dfrl,x 1'11 NCn, 111.1 rl,l h.'•n •+111, i ~ CrMwa. Ir.aa +'•113 I?ILM/'r'k'1 CLt,,l tl'ry1 hl,•1 '111. N py, r I 1 y Ir^ ` (v) LongerlShorler Length of Coverage, If none of the above rules determines the order of benefits, the benefits of } i the Plan which covered an employee, Member or Subscriber longer are determined before those of the Plan which covered that person for the shorter time (N) EFFECT ON THE BVJEFtTS OF THIS PLAN. (A) When This Section Applies This Section (IV) applies when, in accordenca with Section (III) Order of Benefit DeterminaSm Rules. This Plan is a Secondary Plan as to one or more other Plans. In that ever; the benefits of This Plan me) be reduced under this Section. Such other Plan or Plans are referred to as "the other Plans" to (B) R v immediately below. (81 peduction in This Pianos Benefits. The benefits of This Plan will be reduced when the sum of. t r (i) the benefits that would be payable for the Allowable Expenses under This Plan in the absence of this COB provision; and (ii) the beneVi that would be payable for the Allowable Expenses under the other Plans, in the absence of + provisions with a purpose like that of this COB provision, whether or not claim is made; If. " r exceeds those Allowable Expenses in a Claim Determination Period In that case, the benefits of This Plan will be reduced so that they and the benefits payable under the other Plans do not total more than those Allowable . i Expenses. When the benefits of This Plaa are reduced as described above, each benefit is reduced in proportion. It is then xl ,r;r+ charged against any applicable benefit limit of This Plan. ' • r~. t (V) RIGHT TO RECEIVE AND RELEASE NEEDED INFORMATION. S Cerlainfacts areneeded 10apply these COBrules. SWHPhastheright todecide which facts itneeds rtmaygetneeded ractsfrom or give them to any otherorgan4ehonor person SWHPneednottell.orgettheconsent ot any Mernberto do " u °v to 5 Each Member claiming benefits under This Plan must give SWHP any facts it needs to pay the claim Y pta + (VI) FA ClLtTYOP PAYMENT , ;r' G f, e A c4mint made under another Plan may include An amount which should have been paid under This Plan. If it does, Lr { SWHP may pay that amount tothe organization which made that payment That amount will then betrealed as though it were a benefit paid under This Plan. SWHP will not have to pay thrt amount again The term "payment made" includes ?;_:r + e, prwit++ng benefits +n the form of services in which case 'paymeid made" means reasonable cash value of the benefits w 4 ,s p!ovided in the form of services } 'F>i rti tVlq RIGHT OF RECOVERY. Htheamount ofthepayments made bySWHPismcrethan itshould have paid under this COBprovision•Itmayrecover r r the excess from one or more df. s E (A) the persons if has paid or for whom it has paid. A 11 Orr ' (B) insurance companies: or l r (C) other organizations ' + N, The"amountolahepsymenls mace'includesthereasonable cash value of any benefits providedintheformolservices r All other Terms and Conditions of the Group Hosp tal and Professional Agreement remain in full force and effect SWHP001.06 (03) x o - ll - I ,Mrs. ~ t9 :....~+wn....»-».~.- a,.ta+~F c+4Q Hr,~Si{d4«i.NO?.wX'* i r r k ~.i e 1 % ~YY~'' , 1' ~ ~ i x al :i nse"n+eansanecessary.reasonable, and Customaryilemetexpenseto<healthcare,wher,theifem more Plans covering a Member for whom the calm is made. {0) »AfowaOleFxpe Of expense is covered at feast In part by one or Hosi room and e cost ve definition unless the Mem er s s ay fn & private HosPeam low s The difference ee between Ethe xpense ufnde the abo 1 considered an Allow Pe covered as specHically defined in the Plan. reasonable cash value of each service rendered When a Plan provides benefits in tho form of services, the will be r a f tr r considered loth an Allowable Expense and a benefit paid. # 1~ s: (E) »Claim Determination Period" means a Calendar Year. However, does not include ary part of a year during which a ry'k wti person has no coverage under This Plan, or any cart of a year before the date this COB provision or a similar provision takes effect. (Iq) ORDER OF BENEFIT DETERMINATION RULES, T (Al GeneralWhanfnetsisebasisforaclaimunderTinisPlanandanotherPlan,ThisPlanisaSecv4ery Plan which has tr , as benefits oetormined after those of the other Plan, unless: 2 r t 1` (i) the other Plan has rules coordinating as benefits with those of This Plan; and ,u t: ~ y. both those rules and This Plan's rules, In subparagraph (B) below, require that This Plan's benefits be deerritrn@d before those of the other Plan. r ~rk (B) Rulos. This Plan determines its order of benefits using the first of the following rules which applies: h covers tM person as an employee, Member Or e * F `(i . r ' Plan whit; ~k ;F,, , e ` (i) Non-dependent/Dependent. The benefits of th@ Subscriber(thatis,rj!herthan ass dependent) are determined before those of the Plan which cover s the person wr~<, as a dependent. ~JtEa ti; t t r" (0 Dependent ChildlParenrs Not Separated or Divorced. Except as slated in subparagraph IBMIiit betow.when J1 }t+ This Plan and another Plan cover the same child as a dependent of differ?nt persons, called "parents a the benefits of the Plan of the parent whose birthday fans earlier in a year Ste determined b@tore those of the Plait of the iarent whose birthday fans later in that year, but fa;~ k *.~e bit both parents have the same birthday, the benefits of the Plan which covered the parent longer are before those of the Plan which covered the other parent for a shorter period of time. 1 determined However, it the other Pen does not have the rule described in e. immediately above, and it, as a result. the Plans do hot agree ch. the order of benefits. the rule in the other Plan win determine the order of benefits r x , ~r (i Dependent Child/Se anted or DfvorcedPs,#nts. If two or mare Plans cover a personas a dependent child of r 1 W; r r ; ('III) Dep. ~ tr~it: a divorced or separated parents, benefits for the child are determined in this order: , a K ` e. first the Plan of the parent with custody of the Chadr I D. knee, the Plan of the spouse of the parent with custody of the child, and , r c. finally, the Plan of the parent not having custody of the child However, if the specific terms of a court decree stale that one of the parents is responsible for the health cart ! expenses of the child, the benefits of that Plan are determined firsi. i (iv) Active/Inactive f mployee. The benefits o+ a Plan which covers a person es an employee who h neither laid ot! otherPlanl"nothavethishue,anda,as mpoyee(orasthatempltoyeesdependen).Itthethose norl offorretiredethat al is result ens Plans do not agree on the order of benefits, this rata (iv) is igrwre SWHP001 06 (02) W S& ii AL S'~"vb17NiJiGia , r yra,,r, ~ ` '.a .y ],rfMY ,y i 4 ' r 4 iT . 0 + i r jt,t , 5 L1 y l Mil rx ry kit a "S1 , r SOUTHWEST HEALTH PLAN, INC. f AMENDMENT TO THE GROUP HOSPITAL ANO PROFESSIONAL AGREEMENT RESPECTING COORDINATION OF BENEFITS \ ^ t Effective January 1,1987 and after, this Agreement wfiether executed prier to January 1, 1987 of after is amended by the deletion of part V1 Coordination ot Benefits - Hospital and Professional Services and the substitution thevefors of the following new Pan VI Coordination of This Agreement's Benefits With Other Benelits 1 PART VI - COORDINATION OF THIS AGREEMENTS BENEFITS WITH OTHER BENEFITS i } ~ (I) APPLICABILITY. c Yy' (A) This Coordination of Benefits ("COB") provision applies to This Plan when a Member has health care coverage under more than one Plan. "Plan" and "This Plan" are defined below. (B) if this COB provision applies, the order of benef it determination rules should be kicked at firtil. Those rules determine a ~dE _ whether the benefits of This Plan are determined pefore or after those of another Plan. The benefits of This Plan: ; (r') shall not be reduced when, under the order of benelit determination rules, This Plan determines its benefits y before another Plan: but l JJ 61 a (ii) may be reduced when under the order of benelA determination rules, another PWn determines is benefAS first , The above reduction is described in Section (IV) Effect on the Benefits of This Plan. kFJ l t t (It) OERNITIONS, "ry fee A A "Plan" is any of these which provides benefits or services for, or because of. medical or dental care or treatment O % a (I) Group insurance or group-type coverage, whether insuwc: or uninsured. This includes prepayment group sty practice or individual practice coverage It also inclu&d coverage other than school accident•lype coverage f , (4) Coverage under a governmental plan or required or provided by law This does not include a stale plan under Medicaid (TdleXlx. Grants to States for Medical Assistance Programs. of the United States Social Security Act as amended from time to time) It also does not include any plan when. bylaw. its benefits are excess tothoseof r, any private insurance program or other non-governmental program. It does not mctude automcGfe insurance .a .i a 4 , ~a Eachcontractorotherarrangementforcoverageunder(i)or(;i)isaseparatePfan.Also.itanarrangementhastwo. parts and COB rules apply only to one of the two, each of the parts is a separate Plan. {y Y, , (B) "This Plan" is the part of This Agreement that provides benefits for health care expenses "tiX°'~fA (C) "PrimaryPlan "/"Secondary Plan". The order of benefit determination rulesslatewhetherThisPlanisaPrimary Plan G' or Secondary Plan as to another Plan covering a Member. When This Plan is a Primary Plan, its benefits are determined belorelhoseoftheother Plan andwithout consider,ng s the other Plan's benefits 1 + 1 When This Plan is a Secondary Plan, its benefits are determined after those of the other Plan and may be reduced ? ° r because of the other Plan's benefits When there are mole than two Plans covering a Member, This Plan may be a Primary Plan as to one or more other Plane, and may be a Secondary Plan as to a different Plan or Plans. _ SWHP001.06 (01) t . , • y ry¢ ..'wBJiP YhMiliWil I , • iMXd.w WV':M llgi •9f ~.Yi~f't.~1~' .n J . ..,.«..y•w..w. rrM: n+. r.. ./M.W'Yr. [L..Y,: A. xx * A; 7. ,µr, y r.'t:. Y tt i I AIL, X19°n. ° ~ , r 3n f• i ~ t 1 t I ( . Fl a• e t P r 5f I x t,C ' CITY of b1rNTON D=r0N, rg"S 7*001 r7c~ a '1 \ \a 4 1Cr' `I c *'r w,q 1i, MEMORANDUM 4 k R 1 1 I S h r { t f r} y Yi ti e? / f, , ^6~j a DATE: August 3, 1987 \a..,r. TO: CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION v h FROM: Paul Iwuchukwu, Traffic Engineer Associate SUBJECT: Prohibiting parking of vehicles on the north side of ~r Gary street ~{ny Y \ S' f 1 r 9 . l y~~ ' \ t The new DI SD, Administration Building Is being constructed between Gr.r'y and Third Streets on the site of former Stonewall Jackson ~Srhool. When Stonewall Jackson was in operation, Gary t and 'Third' Streets were designated as one-way streets going V t K^ `opposite directions for better traffic management, The school ~ t no 16nger mxists and traffic congestion is no more a problem in y4, that area; therefore, the one-way traffic pattern for the two eta, NtYa : streets is no longer necessary. As a result, the DISD is L -1 141 w xr requesting that two-way traffic be restored for both Gary and Third Streets. If.the two-way traffic is restored, it would be necessary to eliminate parking on at least one side of each of . the two stroets. The pavement widths for Gary and Third i Streets measure 30 feet and 26 feet respectively. These 4~{ of dimensions will not accommodate two-way traffic and parking on both sides of the two streets. So, the DISD is also requesting J > restricted parking on the sides of Gary and Third Streets ` Nc ~O a `4" , t'rv adjacent' to the Administration Building. This restriction ;~~w,ry4~`ry would be "No Parking Weekdays from 8:00 aim , to 5:00 p,e1," The t4.f rtz Di SD is the sole property owner along the requested restricted' parking area. { Staff recommends approval. f' "'0 s rt , r , fl 1- 14 h 't, r., YoU wuC L wU N ,iA1 n4r~ ~ a l d' 0496E t I% c ' ''~}N'i j.. N..4#W-+ ........,,lsr,rvy... AwrRNNwN.,Ye+... - r><.NiUk'dW.}.ICFId!:9e'RFdf*N`iYY.MyAK'""`w^ C(~1 e i rye r y y r o ~r 4Y rP 1 `t1 r` } _ 0. 11 o 'L 0 f r " e, ,~r ( I I1 ~ha 417, IF 3. a f A w t i, . r, { t t a 0 Ji / I)~.1 " ;tip A > Y << I v s 1 y 1 I { X~ r . v 'p°j' i 1 i N• C 1 1998E No. i. a I AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE NORTH SIDE OF GARY STREET FROM ITS INTERSECTION WITH ELM STREET TO ITS INTEaSECTION WITH LOCUST STREET WHEN SIGNS ARE POSTED; ON THE SOUTH SIDE OF THIRD STREET FROM ITS INTERSECTION WITH ELM STREET " TO ITS INTERSECTION WITH LOCUST STREET WHEN SIGNS ARE POSTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 4' I SECTION I. When signs are erected giving notice thereof, no person -park a vehicle at any time upon the following streets in the City of Denton between the hours of 8:00 a.m. to r^ a S:00 p.m. to-wit: 01. ,III it The north side of Gary Street from its intersection with Elm Street to its intersection with Locust Street;. on the south side of Third Street from its intersection with Elm Street to its intersection with J1l'~ Locust Street. SECTION It. The provisions of Section I prohibiting the t- , ;a~ t4 a^ parking of vehicles shall apply at all times to the street and part of streets designated therein except when it is necessary t ve 4 comppli nce with vehicle direction conflict f a polwith other ice officertraffic or f iofficial traffic control device. SECTION III. A~:± person adjudged guilty of parking a vehicle ~In` violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars 0200.00). SECTION IV. That if any section, subse:Aon, paragraph, sentence'- ; clan to phrase or word in this ordinance, or , application thereof to any person or circumstance is held ' invalid by any court of competent jurisdiction, such holding 4 i j'' 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. }y F ~ H r~ f r SECTION V. That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, ' • 'Fj yaL4MKY L......n».u,..K......._ - ,....-......_._:,...,....,.,....+sc-ri1 iYa+dw47+.aK eR 1 bn r7 I r. .I,I t 4 , , h 1 i a tam ~ w i f. C J d" O ' i y 1 ' the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1987 I ,f A )'1l~ y'r 1 ry. j M F r ~ .;1 Fi K r CL,Y ~A .l} ~~A}r 1 I 1 h.t ~ ~ R TRY-9TUMSI MAYOR d?p~i Rat' "dt 1., 1 I n I ` 1 l yy 4 1 ~6{ L t; ~ i .F a 4r S ATTEST: TT- V.µ6 PER: WALT EMS, ul 6y } V }r YPr~ L I ,~rh~~ + + ) ~IP~ROY~D AS TO LEGAL .FORM; ~ ~ _ ~ I , wj~k~~; D$BRA ADAMU DRAYOVITCH CITY ATTORNEY '44( 4 y~Y it S r " S• c , ,xv ~ 1` 1 s' ,•t r v3J~6 VV', ` , .f]r r M a "W f 4y AL r v k L .S , a 4 I. rNif' ~ ~ V^. t ' I r,. LPL t l 1 < 7 '~',f } r j f M1NUIES CITIZENS TRAFF16 SAFETY SUPPUT COMMISSION AUGUST 3, 199 PRESENT: Gene Gohlke, Wayne Autrey, John lompkins, Doug Chadwick (new member), and Gilbert Bernstein, Chairman z )IBSEN7: Vivian Edwards, Bruce Chamberlain, 711ke Amador, and ! } Virginia Galilan " S STAFF: Paul Iwuchukwu, 9rafftc Engineering Associate a ITEM 01 APPROVAL OF JULY 13, 1987 MINUTES The meeting was called to order at 5:33 p.m, on Monday August 39 1987 by Gilbert bernstein, Chairman. Gene Gohlke made a motion to approve the minutes as written. r,t Doug Chadwick seconded the motion. Motion'• passed unanimously. e IIEN f1 RE bh51 FOk kl5iUkrltlU4 of ho-M kAFFI ' C AllO' z .:r hS h ( fIF~AIAV U.t A AND 1 [tit. _kY 1 i M1. `f f 1 1 1 n. Gilbort 6erubtein. l,nJirmin, abstaiuea truly Item M. "qtr a since lie is a n!r!•l.'er of Ute ocnuoi buatd. urlrC 3X\ t'itrc it ^ h611lKe baS JSKUd to Oe ACtitlg U114k"WJl1; fie aCCej;t.:l1. Y; 11 1 1V, 1 , a ;e' Jotln sum kids re Uestetr ctariticatiun at this itw,i. * ,Y Ndul IuuchuKivu restated the ui, L's rey4est to rest0rv a" 3 tvo•way traffic tur botn uaty and tnird atreets stn,y Yx the school is no longer there. if the two-way p"w, 1 traffic was restored, it would be necessary to eliminate parking on at least one side of each of the two streets, i,eferably the sides ad scent to the Administration Building. The D! L requested A restricted parking in the form of "NO Narking beekdays from 8 a.m. to S p.m," John Tompkins asked it ' parking after S:00 would be , dan Brous to emergency vehicles since the restriction would be lifted then. Paul lwuchukwu agreed that it would if both sides are fully parked. Gilbert Bernstein then said the School District would, have no objection to making it no parking anytime. Paul Ivuchukwu stated that staff would have no objections Also, there tare very few residents that ri i ~"w';x~y.~ra.~lti~q',t~>r~s.~~a.! ~;,«,1sp%tw.~+7~e~itiRr~,.ttw~st~p"fit+'«ihe#.M~wvtRyMif~ •r, t 4 r: CTSSC Minutes e August 1, 1987 Page 1 a No member of the public voiced opposition to this item. John Tompkins made a motion to approve the item as no ' IWA, parking from 8:00 a.m. to S:00 P.M. Doug Chadwick seconded the motion. Motion passed unanimously, with 1 Gilbert Bernstein abstaining. f' Rt LEST Fok NO PUKING ON BOTH SIDES OF GAY LA STkE6T 1Th___,M_ 03, Paul lwuthukwu presented the item to the commission and showed the location of the problem. Gilbert Bernstein then asked if anyone wished to speak in favor of the request. 14r. C. B. trilson, the owner and resident 'of the home on the northwest corner of Mayhill, stepped forward. Mr. wiison stated to the Commission that the situation „ on Kayla is dangerous and presents a safetcs haZard. r One of the six residents continually pa ,A' trailers on tnn street and have visitors' cars t• ulocklug the street so no une can get in ur I,Ist; I including emersency ,euiclrs. id L Germ) bAl„l .1110 'Ir. ruillil )latsluder, tau 11 ULle OA lie r3, I•il I,.l~ L I+ Dtel11'eo ti iMirk and voict:0 i Ii ';a i•. . ayrt'rul~rt et Ut .t, I,1 l~~ilt'~ std tal.lc•Ilt+,;.r Hilbert aarnitain iskej aunt yercentage ut uu6eoa11rt'• was neceswy to cry+Jte a valid hrtltiun, N,"ul ilruttlukwu stated ll"at a petceutage `ot eighty made a valid petitioh and teat five of tue six Itu4lleowuers oh Ulkyla Street had signed it. s Gilbert bernstein then asked if' a ember of file Commission would make a motion to approve the item as stated. Doug Chadwick made the motion to approve, .,•.•,Gene Gohlke seconded. Motion palled unanimously. +i . , 1lE~„ M a GENEkAL_ bU51NLb5 M' { AW A. Problem of Students Parking on Texas' Street aF between Bell Avenue and irame Street Paul iwuchukwu presented this item to the Commission and asked for suggestions to solve this r• problems. Several residents of Texas Street were present to address the Commission. Paul Iwuchukwu 1 ' also said that this item would be brought back In I Fora+,~ the next agenda if a valid petition was returned in time. nl { e C ~ I '~p,yawat+w~..,L.-t.._. - ,•.,a~,sr.t s~=.t-a ir4r.r~~sanw: a. I, n',;i'~~F,p •o~:^..c~''.e5lo',k?~'~1v 1.'s44n1'h~+arY~srlaa r+~~i^glft i`k1i11sWYf S M1. ' p c e pf:. f 0 wA~ e~A tiv r c , { f L , i ~ ` 1+ 4 1 F =o, ~ L I'1 { ~ „„ylt 1~ S, Nf SVN fit 1 1 'I:fi .Il e 1 a ~Y -r Ik i 1 ~ t L a' s ~?;'sp(~ ,4 s 1 i a f 1 fl, y+ ~ j n y a.j 7 E~.fYS 1 a ~ I I ~ I 1~ a ra J TP IN . vet PF " f 1 r .d {r ~ s r rP f ~t~ y ~t NTT 1 ♦ r 'Z xt 1 yb',.. 1 ' +M?+mvwww y..ndr..r+.-•~ w~'y+yY~Y•ianti4^.is v j. .41i."rs~'.+f♦+~)r'.+St'Le'u`,;a~Fl~%7a~~~,h `~i +.1'~y,~,•c:~r~p~,a" ~h+~*.,i0'M~~WN.~+~+~',~+~+k~''J~ i r , , > or CITY ofDENTON,VEXAa MUt"'PAL BUILD1Na / DENTON, TEXAS 76201 / TELEPNONE(817) 666.8307 Office of the City Meager M is J MEMORANDUM , TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary y>1, DATE: October 15p 1987 z y ' S(IBJEk:T: Back-up for Agenda Item #6,1. plE{tse see Item 6,I+ for back-up information. r { r r5 k +w, y~1 s JO f6t altars 1 ' ~ a r++o+~Maa t~'~ 1r' .A ~Y " ' y. 1. e k y ~Krr ,i:~AI tT 7 i 1 ash 1 i- f M l~,A ~~r 1 y. l7 1 Yv' _ I ,Ir J 'i ,~pp,GJ SRI'!' r M... . r.•r"~ Ftl!i. mr:..n.. . r 1 W bk ~ i 1 f 4,0 1 s YI V,,N of y ~ , , ~ _ • , 2 'G `Yc 1 r1 1 , -1 r rr ,fir{ ~r j r h . 9,~ t { ~ a s ~ ' 1 r r d rpfr ~Y"4a 3 {5+ s~ y~y~y~t~ i'~1 A "r t i 9 7'~ V ~ ~n s' auto' ' 1 i }y ; e ,:yl, ~ G r ra N 1~) y s. ) r G ~ ~rY r j+ t 11 k 7~ ~ Y , 1 , J X ^;i i A• Y` r r i,iy r b. 1998L ~A . 1 6~ 1 Y NO. ~t S v Ff ' ` rR~1YIAING FOR TWO'MIAY ANCE OF THE CITY OF DENTON, TEXAS, y AN ORDIN AN OR C EAST AND WEST BO►''r ON GARY STREET BETWEEN ELM STREET AND p qt M 5 LOCUST .STREET; AND PROVIDING FOR AN EFFECTIVE Dl.TE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN%ct ~m r" t i That two-way traffic east and zest bound on Gary 5fiCTI0 ` N1 Street etween E1~ Strreet and Locust Street shall bo permitted. SECTION It. That this ordinance shall become effective imae ate y upon its pa:,sage a.td approval. day of , 1987 PASSED AND APPROVED this the A n•$iw r a dry, 4. rS r \.fi ~y T+iy ilk ~ vp r>Ci s , ~'MfYYyyt~~i } ['4h P 4rh 4 I J s:. n\NL', yAt 1y1 ~.yAi A I w` 1' e. p, , Ids ,ATTEST r h~~~ y r P 77' s r i 1 fiy tt R ~ 9a i Iu'ai: . s j1ppROVED AS TO LEGAL FORMt DEBRA ADAMI DRAYOViTCki, CITY ATTORNEY Y , . g ' BY: Sti ~ 4S 2 0 t, i 1 ~ ~r.}F~Y I I3 Ij~~PPYJ'v(1;` F y i". a.y l , r, • 1 }b ~ } y1• Ya ~ Lr ~ , Mks f"jv 1 a",M c k RBI l~Ky Q A:1 - Y'..' f ~ f"4 ~ . ; n,vr , . 1. .n.wrrN ►,p,,{ryriIMI~M W' I ~ 11.M A ' 41 { I ,1 Y p}} Cy I 1'~F 1 I , } t i ri ,d. a l a~ n ~Y`~~~~, ✓ Id ~A I Y, ~ ~I t r •1 , ~t i1~~ p ~ 4. 1 4. + b1 y + ~S~Fti. ~ )~f '.i ray\~ p ~ ) ~ 1 F ~ r 4r~, p~ f l rv l j \ 1 ! t .ter 4 G(?'~/d(DEKjQNr~'E s MUNfCIPA1 BUfLDWO DENTON, TEXAS 7820! / TELEPHONE F8}7)5888901 y, Offla 01 the City manow MEMORANDUM TOt Mayor and Members o`. the City Council I FROM., Jennifer Walterae City Secretary a DATEI October 15, 1987 N. St~8JECT: Back-up for Agenda item f 6.J. Please refer to the bac'.c-up for Item 9b,H, ra ~ a 4 tYY1 1 l Y ~~tx y4 yyIY6r JwfS Y 'h.. It}~;'~ ai Jenn r-Wtl ere C 1 f' to i x ! y R~'~ y h ~ 1 : N del r S >T ~ ' , f - K 1. ,44Y E~ 27276/2, t ! 6. i4 x1 a.~ ~ 44 i 1A r~ y w" iA e, u K; I yr Y {i r xT ,i ~S f : ~ , , y. ••-•r+~r~YiGYF'irYW~.YM1iM'tliIR~RNMW'Mw~'"'~ .u ' gr7. s t , i fig' r 11 A~'kTS I,'vA~ 31 y i , s ; q 12 ~1 M ~ 1 ff r l t r C. !141414 1998L X; r ! NO. 'I AN ORDINANCE OF THE CITY OF DENTON) TEXAS] PROVIDING FOR TWO-WAY ffr TRAFFIC EAST AND WEST BOUND ON THIRD STREET BETWEEN ELM STREET AND LOCUST STREET; AND PROVIDING FOR AN EFFECTIVE DATE. 111 11V THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: T That two-way traffic east and west bound on Third SECTION I. ;''tk Stree a ween Elm Street and Locust Street shall be permitted. SECTION Ii. That this ordinance shall become effective iaae ate y upon its passage and approval. PASSED AND APPROVED this the day of 1987, RAY STEPRENS, MAYOR i lp~j C'L~F` #I 1, Af~ I^. ll9 ItL `1 , t . t~ ~'M A~ 7 y ~ 4 t t. I ATTEST: say. 1lvv r + kY~i _ t x WALT ERS , CITY SE M TART APPROVED AS TO LEGAL FORMS: } YI "'rkf DEBRA ADAMlI DRAYOVITCH, CITY ATTORNEY , ,r a; I y BY S F,, a s y 01, J,7ti 1 14 r r }.`lfl~~~ ~ 64 S~A 1. S. Y J 7~ y AkS r rti Y; y r I lk , T Ar /tl ~ fi',~( i ?i s e' j~( ~t~ :'y.....:.:.........wv„rvv~.ASP)31~Y;if4Mi9rWrY~i~!'....,... ,.._._.~.._.~...«-+...«w.va..rM.s~aswew~' 'ih N t ✓ 1 k + a+ i , u s~ yy e J:~ ~ a t Fs t' r ~ w 3s L ~ .K til r ~ V4~1 1 f v r. d 1 A S,i, eti ' y, Y" , ~ 11~.H:VFSS. InAY. Y r r r T { { r r F v f xs 5r W?'Y of DSNTON OLNTON, TEXAS 7090 !.r y 5' r 'r , MEMORANDUM 4' p .1 1 DATE: August 3, 1987 c y' TO. CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION A , it > ~r FROM: Paul Iwuchukwu, Traffic Engineer Associate rtr. SUBJECT: Prohibiting parking of vehicles on both sides of Gayla Drive Residents of Gayla Drive (between Mayhill Road and Bridges Street) have requested a "no Parking" designation for both r~iA sides of Gayla. They say the street is too narrow and when "r(Vehieles are parked on the street, it demands extraordinary x,+ caution on the port of drivers to avoid hitting parked vehicles. 11 ~i ;A• Staff has stud..ed the situation at Gayla, The Sireet pavement measures 10 feet at the widest portion. All the properties on I , Gayla have enough noon for on-site parking= therefore, this nti' ~ i Tt .4 1 ordinance would not create unusual hardship for residents. , ti '~s}4 Staff` recommends approval. ;,S 1, s1 ,'t'<'r au wUC U wu 2 r 0496E 1 ~ w4 r zl `~F J ~y`'pfji{J77~~,„'„111 F ppdy~ ~q 5 i. 6,1 ;4,~d i V, r r~n c L r. ti a{~f' 41 i '~"'T y :44. MMMwIn'-' _"'^'yllr M r Y' 1 ry : t u ' " ,i..r,,.. tMlta~KM ~`t1Y,`~INt11wY+YM , I ~ ~ o1r e ~ 7,~'ak yi k,, , d } 1 x ~,e~y{~ - i r f F:✓ } ~ { ~y Y ~t , 1 yr L F x L~ ti t t SPq , aV t 'p , r } d ' , 1 { $ V S 1 , r A r ,te411. t y,nTt~l''~ lit p• ti,~~~A~'!. 1r t~' k 1. ''d "d.. r ~ ` 1" ~ ~ ~ e ~ ~.N•J~ p 1N ~yv 4 r r , ~ ~ ,r~ r 1 Y,. fr , z~ ~~r F ,A. 4 ~fl~5c~htiY n C ~ ` ~tx f f ' r I " r E ~r a tt ! 1+- . a ! ] ti RI x c ~ ~J I , ~ ~ iw r ~ h, 1 i' 4~ 7 1996L ,t t, s NO. rv + AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF GAYLA DRIVE FROM ITS INTERSECTION WITH MAYHILL ROAD TO ITS INTERSECTION WITH BRIDGES STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; 7 + 'fo SECTION I. When signs are erected giving notice thereof, no person shall ark a vehicle at any time upon the following street In the•City of Denton to-wit; Both sidas of Gayla Drive from Its intersection with Mayhill Road to its intersection with Bridges Street. cj 4 a ~ t r ia.. SECTION II. The provisions of Section I prohibiting the parking oovehicles shall apply at all times to the street and part oE:.streets designated therein except when it is necessary p^r to stop a vehicle to avoid conflict with other traffic or in ii°`.~r";< • compliance with the direction of a police officer or official traffic control device. 1'4' SECTION 111, Any person adjudged guilty of parking a t vehicle In v o ation of this ordinance shall be guilty of a A 1~4 misdemeanor and punished by a fine 'not to exceed Two Hundred w C,.y'S "Dollars (200.00). " SECTION IV. .That if any section, subsection, paragraph, "4Ci`~•F, :sentence;, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent 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 Aeclares it would have enacted such remaining portions, qM rti despite any such invalidity. ;r SECTION V. That this ordinance shall become effective four teen days from the date of its passage, and the City' r Secretary;, is hereby, directed to cause the caption of this kirt'` ordinance, to be published twice In the Denton Record-Chronicle, " the. official newspaper of the City of Denton, Texas, within ten' ~x;< • a (10) days of the date of its passage, i M .Jl V r'~" ,di f r t rr+p , a' 4 7. d,Air.#taCktil"M.Ik KE1E•1'ACi'Id'J~!Gra l is y L •7 !i. 'fit st wr + n r / S ' r PASSED AND APPROVED this the day of 1987! r' r ti's s 4 , RAY STEPHENTo MAYOR , YJ'S ~ jt 5•,;i ' ~ t. is ~C 'ATTEST: 1 P JEW FER WAS,"'!' ~ ETA y ,~,C~,v;~ tlF r PROVED AS, TO LEGAL FORM: DEBRA ADAM1 DRAYOYCTCH, :CITY ATTORNEY g Jky4 s 1 y 1 o-h. I iI r ~ r r 1 y fry' r 1 m ;x v , i r cN v? ^ r 4i z y A BY 24 4 SY It ~fu~AY n A' ~ r L~~~ ~~~yC Ira h Mr + 1, a ,i r r ~ .P . r ',+lA{~ L 0' f 1 1 Ii 4~ 5 t S it Y i . I . Y r y ~ I ..q+~ W •yFMi0YSW1~ . I P . yr# + i ;Y a 1.~ ...o.wwMw+Ml.'iwlsrwrww.s..w++aa' .adtUe~llSiPpyNWiJ,Y:N AM+✓r'^" 'aid M~iM1 . 5 , Y ~~il 4• \ Y A'l: i a 5 s , r f• ~ r' 1 afl" ~ a ~ i . r u 7 .r r s a5~ r '.1 • hV ~ I ~ r j r_I iljp CTSSC Minutes August S, 1987 Page 2 No member of the public voiced opposition to this item. ! Sohn Tompkins made a motion to approve the item as no parking from 8:00 a.a. to 5:00 p.m. Doug Chadwick seconded the motion. Motion passed unanimously, with Gilbert Bernstein abstaining. 1TbN #3 REQUEST-FOR NO PAW NG ON BOTH SIDS OF GAlIA STkEET Paul lwuchukwu presented the item to the Commission and sho4ea the location of the problem. Gilbert Bernstein then asked if anyone wished to speak In tavor of the request. r Mr. C. B. Nilson, the owner and resident of the home f on the northwest corner of Mayhili, stepped torward. Mr. Nilson stated to the Commission that the situation on Gayla Is dangerous and presents a safety hazard. One of the six residents continually parks large x trailers on the street and have visitors' cars ,a clocking the street so no one can get in or tut; including emergency ti%?hides. ?ir, t•rrc} Bttrbor aua air. Yuiilil k,atsinter, two ol1w+ hutieowiier-l on GaytA. steyie.t Forward and tiolceti than. .agreeiiient with Mi. WI(SOh's statewetit. t Gilbert terltsteiii jskvo %adt percettage Ut Ilume0i%iivi ~ c was neces-sary to Create a valid petition. VaUI lwcchukwU stated titat a percentage of eighty made a 3 valid petition and that Live of the six hosieor'hers on ) bayla btreet had signed it. tsp. Gilbert bernstein then asked it 'i eabi of the ` r t.ommtssion would make a motion to approve the Item as , the GeneeGohlkes econaedic motion passed una lmouslypProvt, 1 01 ITEM 14 GENERAL bUSISLbS A. Problem of Students Parking on texas Street between bell Avenue and Frame Street y Paul lwuchukwu presented this item t0 the s„ Commission and asked for suggestions to solve this ' Several residents of Texas Street were present~to address the Commission, Paul lwucdukwu -l, also said that this item would be brought back in " the' n^xe ageada it, tz, valid ion, was returned . N Yrwvivs'~+w~'4~.+,,,~.,. r ,~;.a4:.wn1~S~t«s.:,~r~q'3d<+~+'~rz:~zntde,~}~4~HVArtalYr7+.:r~~3~r;~ Lm.~t~~r , f; 'Citizens Traffic Safety Support Commission July 24, 1987 Page 2 D-f, ve item 01 Request for No Parking on both sides of Gayla Abeiee&- Residents of Gayla Drive (between Mayhill Road and Bridges Street) have requested a *No Parking" a designation for both aides of Gayls. They say the street is too narrow and when vehicles are parked on the street, it demands extraordinary caution on the part of drivers to avoid hitting parked vohicles. Vrl Staff has studied the situation at Gayla. The Street pavement measures 20 feet at the widest portion. All f the properties on Gayla have enough room for on-eite packing; therefore, this ordinance would not create unusual hardship for residents. Staff recor•mends approval. ~1 y Y Item 01 General Business ti A. Problem of Students Parking on Texas Stceet • I between Bell Avenue and Frame Street. The residents of Texas Street are requesting that action be taken to alleviate the existing problem of TWU students parking on their street, At y present, TWU students and staff pack on both f sides of Texas Street between 9#11 Avenue and Frame Street. Texas Street is a narrow residential street designed for two-way traffic. With care parked on both sides of the street, it becomes very difficult to effectively use it for »r} two-way traftic. it is also difficult for U. S. Postal Service employees and other residence service vehicles to carry out their duties. It is necessary that something be done to solve this problem before the Fall Semester begins, a, Recommendation for solving the Post Office customer parking problem. IM" Y . h pf 5 Paul Iwuohukwu y, < 1 i l 1 1 ' . Y ~ V.l •J ' e . ~ . f-e,n1 r. 9rr~~yl vl 7 , ' , 1 '~I~rinYMvdYI^ •w..v wwn.uusu..y~•S 7~ '+4~iP`U'.il~+ ~A'~Y~' .~lA~w~'+°klpt~'{Yt~l~ • T , 1 5 I- f ~~LJt~_pcwLiL It_ Jg00 C AM SAS kill clp r ^ © I VIL tust[r t ~ ~ 1 ? FUStFr LANE AA v I i 1 ♦ I I i,~r lr al •0~' ~x, f e fl Y ~ r r. ~Y~ • .fit ~ Q I e. k i 1,J I G0►YLq P* r ~L I1 1 C I Y ' . I f yf~ e.P ~ 1 ~ i YI yeti 6 _ ~ ~ ~ • .Y ~ Y I ~ J ]n r✓ •~P I i', i~. I All, 1 . LS e ~ ~ lMA~^'n•""I x' . Iti li .I ~.sl1 rWOµ,..nr...,.. V I: ~~~1 I ~h Il I. Y1 Y Yti 1. to 'i~ J r to a 1 l4 tti a4 1 I s ' + x CITY of DENTON DENTON, TEXAS 79001 Yb° MEMORANDUM r• }a i eta r . , i, s' : 31t DATE: April 28, 1987 TO: Jt,r CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION S a ~ , y4 r , I FROM: Paul Iwuchukwu, Traffic Engineer Associate SUBJECT: Prohibiting parking on both sides of Metro Street " nor " Metro Street is a narrow street of about 31 feet effective ' width. The general area is toned light industrial and t 3 ti, ppresently such companies are located along side Metro Street. }°~rl rr~ A"s a result, the street is experiencing a significant volume of •t, a^" heavy truck traffic. At the present time, people ark on the Y `Y~rCY 1, l P T„', ~N' north side of the street thereby. further reducing the width of +^fi^a''•., a street that is already too narrow. Staff investigation has confirmed that companies in the area have provided adequate ;Y, on•site parking for their employees and visitors, thereforeakipg the street no parking will not create any unusual hardship for anybody. , Staff is recommending that Metro Street be made no parking on bath sides, , a ~ II a S: ~l aU wuC u wu 0462E „ll / I 4 br) J f t 1"a~r~^~y k r s 'i'i 1}~ t~ t ✓v aJ ~lr a' .4 11 ~ ~F,' 1' , f"'.r, r#s M> c ri,4 f w yycle i '1 i o r r _ r t t :'t~ ~xlr~0. ~~^f1 i ~ i~ l } ,yk ° i ~ ~ f 1< :I r."~ v N11 [I y 1 IY - b -1{ [ L=b. 5 je rb t I~irl ra , tt ~r A~, 1r. t }.,~t 7: ~,:r'r k M...l 7 i ° 1 , 4' 4 f z -..a', ~d' 1 .1 Ri 11 "lit t ~d Ml~x+ i lL At r a ° l~f . y C ' } i r 1 14s " r ; A r: r 7 E J r r, ~ y ~g~^/S ~Irr ~~n~~,"nt s,r y~ 1', 11 s r r I r t I 44 ~1✓~^ Y 1995L NO. .t.^+ AN ORDINANC3 PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES. OF METRO STREET FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 3SW SERVICE ROAD, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLL4RS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no k4~ ` person shall l park a vehicle at any time upon the following street In the City.of Denton to-wit: r Both sides of Metro Street from its intersection with ;j Interstate Highway 3SE Service Road. 16 r SECTION II. The provisions of Section I prohibiting the k, 'V parking o ve cles' Ahall apply at all times to the street and 3:y part of streets designated therein except when it Is 'necessary to stop a vehicle to avoid conflict with other traffic or in r' compliance with the direction of a police officer or official traffic control' device. 7"' t 1* SECTION III. Any person adjudged guilty of parking a w' vehicle in violation of this ordinance shall be guilty of a misdemeanor. and punished by. a fine not to exceed Two Hundred d Dollars 0200'.00). 'f,r;s r SECTION IV. That if any section, subsection, paragraph, sentence clause,. phrase or word in this ordinance, or• < application thereof to any person or circumstance is held r invalid by any court of competent jurisdiction, such holding ti shall 'not affect the validity of the remaining portions of this a"r~c ordinance, and' the City Co.ncil of the City of Denton, Texas, ,,tr :hereby declares it would have' enacted such remaining portions despite any such invalidity. , Yr, Y, M 11 + , k f 11 SECTION V. Than this ordinance shall become effective four een days from the date of its passage, and the City Secretary, is hereby directed to cause the caption of this ordinance to-be published twice in the Denton Record-Chronicle; t , the official newspaper of the City of Denton, Texas; within ten (10) days of th"q date of its passage. l+ i . tf i , i 3 1 , w M*+• ' t! i ~bit~~w. ......._.......~.....wvFlr-.+rrYW`~hSr, »ihY."t..r.. r...a... ..,.,n,.-'u:,.•et.t-w:'i.ni lw ri.sk~+CMP H'v~3mW,uw+n+ww' M V vY.:.v n h~ , PASSED AND APPROVED this the day of _ 1987. ~1 'r. RAY R M4 t AXYOK .j r `r G z ATTEST: a o F ~ p X ` V y4,r { F 1 r h 41t 1 LS 1. 4~ A APPROVED AS TO LEGAL,[ORM: 4, -I l o DEBRA ADAMI,, DRAYOVITCH, CITY ATTORNEY 4i t Tr ~ ti"I BY. , I {9 ~ r r y t~JJ/v , i .1 rF } _ XI y ~Ay H a y ~~II 1' r ,L Y r^ y F' ~IMII 1 ~ , 1 ~vrEM 11IS a 9 rt ~ ; ` 1 Iep + ~ - ti f 1 „.S W1 4 , +S Sr') 5Y, a t % , ~ ` I 1~r<r R ! p + 1 R N ~.YVW Y~yd ~4^ 4~1 I ~ u it Y Fi ~I a 'r~ r 1 1, rx y,r n ~ ry W ~ dyi s~Y` IJ ~ Z°rti,, , r 1 St , r~ a~ r~ a r i~qr+~^~ , °"">R 5C7?~!~1GIWNI KMi'wu'." ..."'GIW'!y'NMC~~'r~.'►~{~7~'~~RII~~w,wX....w+. J 1 ,X c q IJ I . j l 1 page 2 of 3 pages i ITEM 03 REQUEST FQ NO PARKING ON BOTH{ SIDES OF METRO STREET:, E Metro Street is a narrow street of about 31 feet effective w10to, The general area is zoned light industrial ''and presently such companies are located along.-aide Metro Street. As a result, the street is experiencing a significant volume of heavy truck traffic. At the prase,nt time, people park on the north side of the street thereby further reducing the width of a street that is already too narrow, Staff Investigation has confirmed that companies in the area have provided adequate on site parking for their eoployees and visitors, therefore making the street no parking will not create any unusual hardship for anybody. i Staff is recommending that Metro Street be, made no parking on both sides, i 1 , ITEM 81 NEW BUSINESS- A. :k L , oop 288 !Kings Row. The opening of two new elementary schools in Denton this fall has prompted the School Board to restructure the school district, the new toning will require some school children to cross Loop 288 from Kings Row to attend the new elementary school. he Traffic Five Year Plan his tentative) 'L~ y placed signalitatlon of Loop 288 at Kings Row around 1990 if warrants are met. Staff anti does not have an estimate of how mousy children would be crossing this intersection. If that number is significant an adequate trc E . Eic control device needs to be installed before the ILI Loop is opened latter part of this year. Therefore, it may be neccasary fnr the School Board to seek means of funding whatever type of traffic control device that migh' be needed at If this intersection #hit year. Staff needs the 'Uommissionss recommendations on how to tackle this important matter, sar* E. Post Office Traffic Problem: j Staff wIli present a definite proposal next meeting, we are still examining several alternative traffic manageebnt plans around thy customer parking area. y CGregg Street Right-of-Way Abandonment: x` x. 'w'' i ' y vi^+E.aaoay~iadF,A`~,:.aavs: ~ + ;+k~~dv;+~,k~;'h~~i',i^~t~r,?~t~~ra.rAla"'a~~'~.,~#~a►'e.I~rn:N~~;~.~•s~~.e~Lw~+v~q,~i+h~ h 1 1 r b zry { t"` SS} page 3 of 4 pages j t ITEM f3 REQUEST FOR NO PARKING ON BOTH SIDES OF METRO STREET: Paul Iwuchukwu presented the request. He said there 111 were four businesses on the north side that would be affected - Lake Cities Concrete, Consolidated Frolght, Moore Business Forms and Roadwa± Trucking. The general area is zoned light industrial. The street is 31 feet wide and experiencing a significant j ppvolume of heavy truck traffic. At the present time, ! further par ducingh6thertwidth eoff ahestreeteCthatreis ! confirmed that companies Ire ireashave (provided adequate on-site parking for their employees and visitors therefore mating the street a no parking zone will not create any unusual hardship for anyone. L, Mr. Bernstein asked Paul if the property owners in the area were notified and what was their reaction, a Paul said he notified them by letter and met j individually in the area with three representatives of three of the four companies who were in total agreement with No Parking. He went to Moore Business 4r1 Systems but no representative was available at thz time. STAPF RECOMMENDED: No perking on both sides. C014ISSIONERS: Virginia Gallian made a motion to accept the staff recommendation. Vivian Edwards seconded the motion. John Tompkins asked if any residential houses would be r J' affected. Paul said no. Motion passed unanimously, • I'law 14 NSM B +:Jr', f.., 14 4 Loab 208 1 Kings-1 i wPaul said events of the past week has overtaken this .1 , issue since the School Board has reversed its previous decision that would have effected the need r,;F of Rome kind of a traffic control device at that intersection this Fall, Gilbert Bernstein asked the staff to look at Hlghwny n,;'. fa 17 and Windsor as well, He wanted to know if Barbara Coleman of Evers Park Elementary School has spoken 1 with staff, Paul said he told her to send a letter detailing her requests, Staff has not received the t , ar letter yate • d r, 1 y 1 f t 1 1 WT W_" . A,I w f F C r% f I ` ' 04 F , { 7 1 APt i r F ` •ir, a~ll3:e4n$fi:if;'-~Pi.ran:kP:'Ft~1~~.,G'Y.b4~gM'+~`(,R',l~'+MAw:#klr%nWw+" '~c~i ~ ..,h,>~.+~Y?~".. ,PF~"r~. '.1~'•}~` R'~..y.',; ~'(LY a~'~i~i+~°~J# 'F~, V;. 1 1~ , rI V r i 1 M r{ B y S 111 r,a 1 i°~: ~Ily~ r I b. LAKE cmEs ° • ~ 4 CON SOl-I Cw`►'E V • ~t~iL~IG1:YWAYS M Y V' 1 I t, WAV_*tL_ VPV4AYl `T~LIGKIN6 i l A r ~F;~ ~ 1 1 1ri~1„1 7 °r "G?J ~~fN2l~S e °•1 r bbl «'1 V a rr ' 1 ~ 11 1✓^^ yaV § r ~ r 'rare, ~r ~ I, I r e I b 1 t a', W 1 , \ , ,p 4i~r J N" u I kt' r r , r , I ' I ' r t' l r JL_ jrl\~xc 1, r r~ ~ t fY" F ~jq r .a' ~ 1 Cry?r ~ x glrl~y a yiwt 1~ r ~ I, r. ° r 1 4;1 ` Iz~ 3 ;fi~ 1 I}','[k c ' ~ r 1 I r lr try: H }14f . [r ~ 'rrCa%o: ~ ~ ti ~ If 77 r Y .k n 1 5 j v' t l L ~r bnr~ ra MI's I S ,n v ` r ( r " 2 1 I~r1 >r e~1~~^i Y^ 1 r f f T i z n 1 k " r >ti r I. I 1 , y VY ~ e d , ~ . r r ` ~ " kr , -.C 1 1 r W~( 3 rrl ~b ~~7r I ti ,v~~~~ [ 1 ~ mr ~ 1' ~y,l, ~ r 1 a, 1 ~ ~ .1f1 I~~,t r, v'ffr ICi I w ! V 11 '~i t 1 d J ~ , ' ~ ~ Z .1 1 , rp U f I~ Y~~. lr kV rk 1 F • 1 ~ r~R . w: - r r , DATE s October 20 {987 r1T_ Y COUNCIL AGENDA ITEM hr. T[}t MAYOR AND MEMBERS OF THE CITY COUNCIL FROPdt Lloyd Flatten, City Manager x n j SUF3XI-Ti PROPOSAL TO PURCHASE 8RAZ05 ELECTRIC POWER COOPERATIVE, INC, 69KV FACILITIES FROM SPENCER rb ` r l GENERATING PLANT TO BRAZOS NEW 138KV LINE JUNCTION NEAR HICKORY CREEK SEWER LIFT STATION, r 1. r}d RECOI=AM£NDATIONi ` The Public Utilities Board, at their meeting of September 16, 1987, recommended to the City Council approval of aubjecr purchase. + rpprpp(( 4~JY+YY SUMMARYt 'r ° Electric teanemisalon facilities Including associated easements will be urcheeed from Brazos Electric Power Cooperative, Inc., for a single bns-Nme payment of approximete'.y $13,390.70. BACKGRO_t These transmission facilities were originally used to Interconnect botween the City of Denton and Texas Munlclpnl Power Pool In 1968. During r'~ 4 N recent years, the Brazos system along with TMPA and TPdd have Y • r" a'~ constructed or converted 138KV transmisslon lines which replace these s~'he 1 factl{tlee. The lines end/or right of way can be integrated Into the City of ^ t'Yrl benton'a dlstrttwtlon system. The southern portion will be utilized as r 13.20 and serve am an alternate source for the Hickory Creek Lift . Y 1.1: 5tatlon. The northern portion will be for a new exit feeder route from Spencer Plant and some will be released or traded to developers for other 1, ; • right of way. pft00RAMS. DEPARtMENTS OR GROUPS. Af FECTEOt w. City of Denton Municipal UtI{Itle% City of Denton, Legal Department, t City Council, Citizens. a'. s~ 5089Ut13 XA ~Y ~ V 1 YkS Vn ~.Y'1. r f a~"r 4~1 t ~1 4 A. 1 d; h !t ♦r ~ t y • n a..rr.x♦ YiMn.r aV"r'•' 1 v 3 =dir. 01 1 r qa, . 1 r r ~4V rte r el .9 ~ F 1 r Y rk.C h z ~ ~ it r i ~ t E a ~~'j 1 r i r 3. r r v 4 j" FISCAL IMPACTI Actual length of the transmission line Is 7.51 milese $13,390.70 paid to Brazos Electric Power Cooperative Inc., from Electric bond funds ea r , r F i, approved In the Five-Year Capital Improvement Plant. 1 + ' Re tfully submitted, , y: ( a P4 1-t-1 °~f I . ,~3 = r~ i y arre , City Mager PARED 6YI t u` ~ Zuilos, Director of Electric Divisions i APPROVED 8YI rea i/ elscn, xecutive rector R7, E, Oeps, ;rnent bf Utilities ' ~ ~~y ;~rra s1` ' { Exhibl I erazoe letter of 9/9J87, 8111 of Sete, and Assignment of Easements QTY i it Facility Sketch of June 10, 1987, from Brazos Electric Power +16 r e" Co-operative Inc. r,E ; pl itf Ordinance ' IV Minutes PUB Meeting of 9/16/87 ~~„5x. 5089L1114 , d ~ f r ,.r 1 ~',5+~, 'rcry + i A ~h yi, ! +rYYyy i+ :stir +i C ^ i ' I': g 1. . y {r~., r a~ti1 ~I°e r r rq~ r rr ~M ~r r' - .,w ...rnwuenopy)•RIipM~3.i;~RWv1A+IMP.W!4" ~ i .'~Y 4 Sy 'r r x t4 s~ 4 a y ~ ~ , 'w r i Ir ti, ~ ,f {iJ ~ Y+ riN, 1~~~'Fh "7 5 Q 1~ + d i ~ , ~ > ?r f 1''; r 1 y ~ r pp~ e ; ~M ,h ~5 ~ `.9 IAA c ~ i ~ art 4 Y ~ _ , J, , 1~ * ` 1 R ~r ~ , ~ 5 YIP$' a .f. ~ r {AT. r rAy p 1911L t; NO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND LECTRICAL S FACILITIES AND ELECTRIC POWER COOPERATIVE FOR THE PURCHASE OF E DATE I WHEREAS, it is in the best interest of the City uf-Denton to purchase the electrical equipment and facilities described ~rfr f` herein= NOW, THEREFORE, 4 .j , y wi „Z E THE COUNCIL OF THE CITY Of DENTON HEREBY ORDAINS: Esw SECTION 1, - That the City Council hereby approves and auth- x<,, ,l r ori:es the purchase of electrical facilities and easements from Brazos Electric Power Cooperative, Inc„ under the terms and f;~ r r ^ conditions contained in said Bill of Sale and Assignment of Easehents as attached hereto. SECTION 111. That this ordinance shall become effective s Immediately upon its passage and approval. ,ry a PASSED AND APPROVED this the day of ,1987. f 1' d nv ,,.r yf rY. RAY STEPHERS, MAYOR tr E>` $ ~t ATTESTs p t `tj 4y, V) St is A?PROVED AS TO LEGAL FORMS DEMA ADAM! DRAYOVITCH, CITY ATTORNEY , 4 ~ 1 I r r i 6Yl err vpy yip E r 1, 11 4 f - . 4' IMF .t ! ( , ''d y3' ,1 , , r r lY., n f 1 N. y. •J0E FORMAN WWARV f TAEASURN A,LLiAM 0 PARKER PMMXNT LUTHER FAfts va P146"Ot 11'v REC " rR U ~ The Brasov System M7 Brazos Electric Power Cooperative, Inc. RICHARD E. WCASW I 540Unv1MPREEIDENT " \t t , Ati . AND OENERAL MANADO September 90 1997 , I!~ F ~4 IM Y I YtI1~ 1 rh x t Kr. Ernie Tullos y r r*~ , 1~ , City of Denton Huaicipal tlull4ing 215 to McKinney , Denton, Taxes 76201 Rat 6rasos 69 KY Line H2 b Y z1 w r',;. r , . . Substation at Denton State Pleat t, 1,14 Dear Entat ~It'tf ~g~s w w~ 1 i F Y ~ ` Pursuant to our conversation concerning the sold of our 69 KY line sad substation, f ar enclosing a corrected Bill of Sale and Astignment of + 1, Y~, ,fir As I stated it our conversation, the cost of the line and substation iY. yewaa increased to :13,390.70, as a result of the line Ueiag 7.51 ailed n is646 instead of 4421 as previously indicated. If you are still agreeable to purchase this line and substation, please notify us by S ' latter.' Very truly aura, t r, tV'•`1 LrQ Albin Ar patter, P.E. M1w Enyiromeatsl 8 Lead Acquisition ,xr Hassler ~ tt`~xJ,l~Ay S` t f AAPtyQ ♦ ' ~ . ~y Encl. r ; I , L A 13yM 1 i., V'~ Y r` 2 y ,~s ,1 4 yq ` I~y q~ `~i ; x Ira x 'Vill 14 s'+A 'f ' a POST OFFICE BOX OBI! WACO. TEXAS 11100.0116 PHONE (IM 1604500 OENERAL OFFICE 1101 USALIE AVIEMA ; ~ dCt°'" t 4ttrav.~.e.... snF+b4:A`A'~wr*•mn ..,u.an,lyA.pVhR.'~SYL"M%~Wr~?~1RP~`.`♦••••,•••••♦ ~~,1. ~J.x' 1~'S~. Ill. 14 CA fit ,,"91t i,• r .Sdf + + _ T ASSIGNMEYT OF EASEMENTS THE STATE Of TEXAS ) COUNTY Of IkLENNAM j KNOW ALL MEN By TNESE M139 M4 THAT 196906 Mottle pores Cooperative, Inc., herelufter carved "Crantor", { \ , a Taxes Corporstton, for end !m 400maide94tlan of the Sus of TU and o0/100 4 ly.l~ (410.00) Dollars and otbet dead and vel able cosaiderstloa paid to Cr6ntor by the City of Denton, Tw66, bareleaftee ter"d "0rostae", the roctipt sad Y. ,r :y# sufflalesey at which are bareby acksovledged bad confessed, has GRANTED, 1 , SOLD, 000119M, AND/0a ASSIGNID onto Grutee alt its right tltl0 aai lmI o , is sad to 911 "assents and any other rut property tatareet6 assotistad ~Y j ! 6 S 1 4` ~ III A sti7 with the 2.31 miles at eight-of-ray end transmission ties thereupon know ,y ,S"~ - as bases Line 205 (9-2) in Deaton County, Teasel from the Seller's Structure { No. Wil, Lena Section xat to the Denton Stage Plant Substst?0n, sold sseaments e 'r~ Laing more particularly dssertbad 6e Eublbit "A" attach" hentc and made k f. tr , ^tlw ~ ~q apart hereof fat all purposes. I y, Tbls conveyance to expressly made subject to the tollortop: sr 3'W r.a yb+ ~ ~ _ (t) Any lion for earcent taxis, ar Ur6aents, or g6varnmeat4l Jr ``iti {r, 5. . + 1 y charges of levies not to default. Tueao-stn, grants, releases And lasses of record In v? OsAt6t1 County, Texas. j TO HAVE AND TO MOLD all of CraateW d right tlt)$ and lntstett to and to sold usemout9 end said other real property Interests, together with all ` ~5r,f, a l y, and Singular the rights and appurtenances thetsto, onto Crsatos, its successors cad 6eslga9 forever, of that neither Craotor not its succssaors and sosija6 ? +E shall have, alets or daaend Any right or title to said easements at did i \ *that reel property latetestd, promise$ of aOpurtenaeaee Olt en c r q y part that 0016 r p11, ^ 6 , tx=TtD this day of h r 1 1911. 111EEE t, } v s, SUM LLEC'1'4IC P" COOM11V1, 110. ! - "S c Grutor T tXECUTIVE~VICE PUSIDUT S UNUAL MANACLE a)`h } ! F j''~U tie 't se { r. Y .~j a «y t~ 1 f`.~ Z ~ rP+4p* y z "f3 l~.r P r-w.. ...s. w...rv+, '^+41VM,wXalNSl~a.ei~.i6^tn~siwMR~.w..r+ ~s 1 t S f ! xr 'r n. . : i fN s r .a ~ ~ 1~ ! 1 V 1 1 xC l r r ~ f r 1119 9SAS1 01 SL1fAS 1 ; tl ! COUL'rY Or XCLL11MAt f JUDIS ML, thu oaderalgoed, a Rotary Mile to cad 'or sold County and ~'r t c l State, as this day porsonally appeared . know to as to $a the pereea aad officer whoa TiMeR £e,to t e forejotad leatewwmt and acknowledged to w that tM sow was tte Act at the sold frosoa Mr N sy•• Lleatrio town Cooperative, tn., a corporation, sad thi t M snouted the " x mane as the act of each oorparatlea for the purposes sae eoeolderatica thorais axpreaeed, and is the capartty tMHis states. ,ftk t OIYLM UMDU MY NAM AND ILAL Of OrrlCS this the -'ay of :G r w tr A.D., 1911. 1r ~t rl TSj~ Notary a a n Or- y nSrt. McLemn Cnaty, rfems ; tr ~ til r , H Y ' 1 ~1x wry ' r <,.`'1 11 1 ~ r~;Fr Y~x rtyKlry r ~ - ~ ~ ~ .fir. A~1A'1t rc 4r r N,~,r T .rl.k' i i r r e / . Yr' I,RI r 1 r1 1i lyr 1 l {l r. , '.ll ilfA4 ~ I ~ 1 L~Iry 4h 'tr ,~l r 1 ' x {y~ .11 r ~ r ,tl r 1 11 ~ Y I t; z p w~~~r~i'a4 'r ! l wl4iexl rfr'rr ~`x'~[ r,r. ~~1 xi 1 S~ I t ° 1 r`i ~ r ~ d a r ~ ~ 9: # y r r 1 r ~ ~ 1 9l S r ~n ~ to ngk ~ c 1 a 1 r ~ 1> M1; d A C / { 6 , M tyfr * ! V. t' M .IY+M+• J n, l~.r ws~ •~~.rrt n'a~ 4 r . ' ' F' r-1. ' , r " i r r ~ 4 ktLS ' ' ~ ' I 9 r t r r ~`n;srlrri 3' } ' a y ` Kr r~ r r r a~ - ,i Ni. r`i ~yi D~ '~,~I ~,eC'I I * x '1 4,r ✓ e Sry,N x 1' r r i'~ ;4 r h'~! r ' ~1 r, 11 r 1 a r d ~Y` v t ' 1 r 1 t r K , 1 i LAN[liT "A" G Easament granted by J.P. Slow" at al, roe. to Volume 301, rasa 301, Denton County, Texas tiled August d, 1932 - A.O. Canape Survey, AIST. 1232 1 Reswnt tnted by N.D. Price 0 Net. tale Price, tee. to Volume 301, e Pate 494, Denton County, Texas (tied August 4, 1931 - A.O. Cannon Survey, Y o' A3ST, 0332 Reswnt granted by A.M. Stteson, as. in Volume 301, Pef,e 4'10, Denton ~ County, Taws filed August 4, 1932 - A.l. Caano. Survey, AIST. 1232 Easement treated by Bob Pisstll A Jahn N. King, rue. is Volume 1303, Page 330, Denton County, Texas (tied December 13, 1903 - J.C. Baker Survey, ~v 3 ASST. 1 41 Resonant granted by J.Y. leech at all tee. to Volume 304, Pate 124, Denton County, Twat filed November 21, 1932 - J.C. Baker server Raimat granted by O.S. Cortland at el, roe. to rolope 304, rose 1210 ti r= _ Denton County, Texas (glad October 20, 1931 taaemrit treated b; L.A. Itrickliad0 tee. to Volume 304, Pale S1, Denton County, Taxes filed March 20, 1933 - 0. Kephart, AIST, !311, BJ.I. A C.I.A. % Survey, AIST, /190, 4 A.N. Sateen Survey, ASST. 11190 Easement granted by Katherina Penick Durrett, tee. In Volute 382, Page 389, Denton County, Texas faced Sopteabar 11, 1932 - A.N. Serren Survey, " AAST. 11190 q a tasement granted by J.I. Masan at ux, rite. in Volume 381, Petit 313, Denton County, Texas filed August 4, 1932 - A.N. Serren Survey, ABST. 01198 .,r Easement granted by Sarah Iauell, ate. to Volume 311, Pale 491, Dastoa County, Texan filed August 4, 1931 - I. Curbier Survey, ABST. 0300 + }`~`n ri;vr Easement granted by Arch brova at ux, rec. In Volume 3040 Pap 119, Demten County, Texas filed Oetobee 200 1932 - I. Cueblee Survey, AIST, 0) 00 ,,=.'w f"+ ! Easement Brasted by tthal late@ at a1, rue. in Volume 301, Page 492, ; t r`1 Denton County, Tawas ftlad August 4, 1952 • Y.C. Caee!:er Surrey, ASST. 0300 ,1 r Easement posted by Y.D. Pockets at ua, tee. to Volund 384, Part ill, ~ wl ;F Destoa County, Texan filed October 10, 1931 . Y.C.'Oarttson Survey, UST. xt " 01343 A 3.5.. S. C.R.R. Surrey Steamiest granted by D.R. Brady It ux, tee. to Volts@ 3810 fate 490, r,} r Diatom County, Texas file August 4, 1932 - Y, Carrlsoa Sntrey, ASST. 11.45 % Resonant granted by Joba Cassauay at ur, tae, to Volt! 332, Pate 499, saw : f Deaton County, Texas filed Sept"bae 11, 1931 - Y. Carriaes Survey, ARM ~L~~ 4r s . !1113 t, F1• . Rosemont granted by Theresa N. Adkisem txasutrla fee !state of Robert y ' 0. Adkison, toe. to Volume 1193, Pap Sly, bantos Count!' Taws filed November 23, loss - M.t.p. A t.R.R, 'e, Survey, AIST. 1911 A V Carrigoa Survey, AIST, ' 7 i 11343 Eutnbas Beasttd by Theresa M, Adklrren, Useutrir fee Eotatd of Robert + r' 0. Adkttdo. ere. In Voluae 1293, rage U9, Diatom Couoq, Texas Wad November z1., ~F rr~•5 4 r~ 23, 1901 - M.R.r. 4 R.R.R. Co. survey, AIST, 141,1 r a c Pi t Fu illy y st fi .11 J r '\~f' _ .r.,n".a.11d1ifs~1RY'1i1~1.~1~e'Q'FSSaw e...,•.•. «.."w......«.wu.w..,.~.+m.~.w - r, d c f r 1 7 ~ s h 1.'.r,~11 r r / 1. •I' u RF P~1\ / ~ "l 1 11 r i 4, t' u T l.: } ` 1 4 1 W` 1+ r •rX v r~,~y~+~ } , r,~ ' Ix e 1 X tr ~ Y a P' Rasement granted by J.W. Yard It ux, rot. to Values 334, Palo s County, T"48 filed October 24. 1414 - /0!, Deatoq 0. Walker Survey, AIST. 11330 US"Ilt Sreated by Joe Akira at ux, too, to Vo1eme 332, Pale 464, Denton count i' r 7 rt Tax" filed Dece•ber 311416 - o. Walker Surr•rt use. 11330 temseat granted by J.P. Sclatts at e1, tee. to Volume 3540 Pap 394, Denton Coustr, ruaa filed October 21, 1919 - O. Walter $omy,All?. 1t3JO Baaemeot grated by C.R. Broyles at ux, rem, to Volume 3510 tap 06 w, Denton CountY,raxsI filed October 240 1!4! - 0, Walker Sune r, ABSr, lu3o 1 Gueaest granted by Rolegd Bill At ex, rec. to Volume 33), Pale 36, Deat•q County, Toraa filed October 214 1149 - 0. VdIkee Su cry, ABSr, 11330 C Sasenent gnoted b I Denton Count y Sena opits Placknn, rest to Vol~ 1+ ,'.r P944 62 r, "#I tiled October 21, 1949 - 0. Walker t 931, ASTs 1137 1330 s y . Ruemeat greeted , 10 P a by S.D. Roberts u>r roe, to Vorvey 1tli ! e 1N, Dented County, ruse filed Juee 11, 1!14 N - Q, Wlkee survey, Ali?, 11330 :Y I F''~I~r i ;'ot RaaN•at 'rA Ceugq, 4Taxes 441 flab peby O.A. Ir19Y9r: roe, Lo volume 331, Page Dealers 5 . David 314ulb Sarwy, ASST. 1 d + ' Raaament fronted by M.A. Msar4 Denton County, Texas filed October 2 , el! 9•-Duvld Rough Survey, eme• In uValue 3j?d gh pap S/, a„V ~l ti's r ASST. 1646 r w` € r ti ruament Bunted by P.B. Yolk at ux fee, to values 3S4, Pale 401, Denton h x,;? County, Texas !lice Oetoble tl, 1940 f i - John W. Cl+uk Surrey, AISt, i324 Ruement granted by $atoll lovestaent !laneP4a4nr, 0 1 , Inc.) rec, in "u f t id r, 1311, PASS 121, Deatoq county, Texan filed May 30, 1984 ~t John Y. Cb pk luttvJ, tale meo9 grantee by C.M. Simuna et ux, fee. to Volume 4314 ?Alta 11), a t s Deatoa County, tau filed June 1, 1936, Mary L, Au,tta furvty, A$$1, 44 E400040t fronted Y,i+•'"tii t,t~ D by C.M. Slmmoge at ux, roe. in Volume 414, paid 439, t ' denton County, Tucaa filed August 27, 1939 - !levy L, Austin turvay, Asst. A bra,. iT # ; , ~"yrt f,yM, . 1-pi tt~4t ~ F tMa I ,la`. v try ll r Y y I~ V v M~, x$1,4 i !r:, n •'3 . yn~ ~~t~~ir P 1 `l , •.~na~N31l66'i'iiN.. ~Vx~L31fr7>x4RMe'WC'+4glfklntfW6lWi~lt,yrLYAG94MMaW t.nn.ri....5.....-„ i i ~ , t, qa tt , S t r r ~ yf`p'E'~ rh h'~~ : , ~ , troy o F1` ipjYrR rl•; feu y I t ~ t ' ' + BILL OF SALE V y' STATE 01 TVA! COUNTY 01 NcLSNNAN KNOV ALL NO 61 THLSL 111 UTS1 ;y ^ TU11, for Bcod and valuable consideration, the receipt of which Is hereby , ackaa<ledpd by Bowe llantric lower Cooperative, ton. (hereinafter termed ' h 00 the "Seller"), said Sall t has SOLD, 'MWIPL11ED, AND COMfBYED, and by theme + projects dote SLLL, TBANSIM, AND CON9LY all its right title and Iatetwst in 1,51 silos of teaesetasteo line knows as Iraeos Line 205 (K-B) to Dentoo Couaty, texas, for the Seller's Structure No. I3/6, Use Station KNS to the 1 a r A {+,,t°i `',p Deotoe Steam plant Substation, uste the City of Oeetom, taus (heseiafter J a~ ) w F tarved the "Purchase"), Its successors and assigns, to have and to bold ~forever. for purposes of the Sill of Sale "trausatostoo line' means the followlej, to the extent such may exist oa the date of execution of this Bill of Sales t t :15 klso - Structure No. H2A 1/11 through N1 1/1, all lines, appurtsmaedvs ;k+ri F« and soy other personal property or fixtures associated with said rraosetssloa ,fir ltl 3 lint. this convoysoaa Is expressly made sub)oct to the lollowinit (t) Any lieu for current taxes, alseseeots at sovsremectal chats*$ or levies net in default, I,°, u4 J (it) :.o collection of sales tax is part of the consideration t"''^x hotels end the Seller belisvoi such sale to be bon-taxable under the Liatted !ales and Use Tax laws of the State of Texas. Should, however, the Comptroller of Public Accounts for the .r" „ State of texas determine toy sales Sax to be due or owing en I ;y said sals the Purabaur shall psy such tar to On Sallow for Y- payeent to the Coapttolltr, letter Ueda Itself to VABIAN7 AND 09701) bald trobaeleeloa line Vote r the sets Purcheear, Its 100018611 and asisne, from and a$&test the Idwtel F, eleSN of wheaseawee etalas r1 shall elate the sate, or any plrt thesaet, 11 ` J, „ Q 2i 00 ' ~ t'i x~Y ,b+.~.n~y„r1,-1,y.,..~.» . wnw-y(~.r7pwsx.sw.>H^^r.. ,_._._.-..<."wwal Kahsfa4Ft`MMNMrMAM+41Nw„Me~"~n'.M"-...,, , r ~ ,r ° .r Sly; ary, l r , . ~ a r ! t 11/ ¢ CIF ~Ir 1 ' loll , *14 - f i throulb, or under Seller, but not otherwise, subject, however, es stotesaid. IN NITNUS VdUZ0f, this Bill of We is esoeuted on the day of i , lady. S ILC Bit lyr ° . t 1BA20S BLBCTITC KWU COOPBIATIYB, 111C. C ` r(r + ,5 al vv) Blow 1. hec"11111 r rti r " ' txt PRLa1DUrT i CtNtaAL MANACU 'x b' r STATt Of TUAS e 000TT Of MCLINNAN ItSOIt ME, the unddraipad, a Motaty Public in sod for said County and tr State, on this day personally appeared , known to Tr me to be the pessoa and officer whose use to subscribed tote tarelotod !r instrument tad acknowladlad to me that the sue was the ant of the said Ituos za IlfetriC Nwer Coepaeative, inc., a corporation, And that he exeeuted the e • same as the act of such corporation toe the purposes and Cossiderstion therota w espraand, sad to the capacity therein states. OSVU UNDtt NT NAND AND SIAL Or WtCt this the day of r A.D. Spey.. Fib"..,,k' ' " ~ ~ a Y M $ 4 Notary Public to a6 Qr ¢`4ld' Netonan County, taxis v. r~ ~ f Ar# r n Air I t r ~ ~1 , r Y t t4 I I k 1 i ~r y j, 5+ d.,.t nV ~ 1 il4', A• _ - awhyybx r.p~„,gpyM.. ~ ^^.I.,MNMfI M.bt1~~'q Yeife'rA~r'M'.rAw, ~p ~'t ' j ' [ F h • R'.I g(yypp 41 1 .s V;~he+^,+ r r,~r Y„.a ~'a;c xi t " . ~1 4, p '.b f 1.4 r M r 1 l1t'1 t r ~ r 4 s, r l yr z ii Nil t~ tU'r~tih.' 4~k Ty pf JI i x 1 •r' E~'. Y ~ ~ r '.i +r,"Y ~j•~ i ar. i~ A, ` t. 7 t- .r' r !A ' T r T S 1~ y OEIIC•lhl0 P/" OFF •Z •IIIY Q4 Ilk- art IO J 'fir l,`,.k_ ~i, .t. i Tf71 S;i l . Y . •~7 I I / . 1 1 . I l • .ice. - f - ~ 1 ~'r 1 ' ' , ~ t 7JfJ ~1 flu C 1 _ "^-3~'- -i-r- i « 1 b .ate no) r `fir {t , . " .r , ~ . ' ' ~ - ~"_"1 ,/fir.,. -`r y ~ 1 d '$,a J t,~ 411 t - tr - 1 111 yr . ~ 1 I!' . n r fit, 1 .f . , 1 r oil iiiit S t I _j~ '•-J, •A Y ~Pf~ 'f 1.r+ Jr'"1 k, r r if ~Y rrv-l+i~ rl • ~ti• •11 ! 1•..`~ / ~7: • '+•S`" t. ,,r l• gyp:' _ 111 ~~»rifz~rlJ 1~., (l ~llS _.~Al~.i. 1 ,p J I 1 ' t ~ ' 1 y~'1 f~ 'r r amp 6111111': u It.rlltl ~ m Irl_.... JL +Ur lr~il.7l.fSG,. t I' y 1 t i i~ EXCERPT FROM J a ; s MINUTES PUBLIC UTILITIES BOARD MEETING September 16, 1987 F + •Y 7. CONSIDER PROPOSAL TO PURCHASE BRAZOS ELECTRIC POWER COOPERATIVE, . 69K TES FROM S NCER =T GENERATING PLANT TO BRAZOS NEW 138KV LINE JUNCTIO C SEWER LIFT STATION, The Staff had originally pr9sen.ed this item to the Board in June rfr~,tii, a 1987, for 4,2 mites of line, but found that there are actually 7.51 miles of line. 8razcs has revised the cost of the line from $11,528 atl w', up to $13,390.70. t LeForte made a motion to recommend to the City Council approval x r l of the purchase of these facilities at the revised cost. Second by E Frady. All eyes, no nayes, motion carried. 1 r r e pppQ VI jh ry,•t ~~'F 44 F ~ I ! J n \1 Joe r .i ~ v t ; x" A +I k+ If 1~1 Cp r I A yy ¢ i!9 % C % .lINC~/Ii~I.~MWA1!y„+..rma•... y., ..e./,.w .x.nr..rw.... ...+.✓r.thana~RAA,Ikq~~yyT.+y,itaM°.nv.l.w+. ...I ,,,fff= 9 1 I i i 1 r 0' PFik•I, a f i EFl , tp 'r 1 0 t .i October 20, 1987 6 r ' CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL r FROMi Lloyd Harrell, City Manager tiIV i+ + SUBJECTi CONSIDER TEXAS UTILITIES STREET RENTAL AGREEMENT { r RECOMMENDATIONS l d+'v The Staff recommends approval. SUMMARY/BACKGROUNDS T In 1976, the Public Utility Commission (PUC) allowed Texas Power do Light (TP&Q, a division of Texas Utilities, to be dual-certified with Denton in the extraterritorial jurisdiction areas external to the City of Denton's 1975 city limits. Denton has annexed substantial areas since t u r then which encompass approximately 540 TPM.. customers with estimated revenues of near $1 million To provide service to these customers, TP&L Is utilizing the City of ~.,s , Denton streets, allaywayN and public right-of-ways, but since Denton does not have a street rental agreement or franchise with TPM., there Is no compensation made to the City of Denton The proposed Street Rental Agreement provides for a compensation via a three percent (3%) too on rr~ gross recelpte, resulting in an estimated annual revenue of $311,000. Two ~j Street Rental Agreement Is similar to like agreements In other TP&L ff 5 ms's serviced territory Including Garland. I , This g4reement does not permit TP&L to serve In Denton's single f ' 1"tip; tI certff(4'd territory. It also does not grant TP&L any more authorization to serve in the newly annexed areas then TP&L Is already allowed under " n! 'state low and PUC regulation& p;r L a k','. One ores of concern in the negotiations of this agreement has b.an the ' 9hs.;,, lesue of requiring all utilities to obtain a permit and pay + permit fee for r4. any street cute or right-of-way disturbance by the utility. This permit 5 j. a process assures appropriate repair of the street. TP&L was adamant about not being subject to such a permit process and permit fee }l r arrangement due to the possibilities of airollor requirements being y Imposixf In other cites they serve. Also, they noted the PUC Rule #55 i establishing that the 3% street rental fee should suffice for all such , tf permits and services by a municipality. Therefore this street rental } 7 Agreement does not have a street cut permit provision Presently, the ° City of Denton Utility System Is required to obtain such permits aid pay a rl ~ y fee for such to provide for Inspection services. q t =a 4 y 4%r~.,..,7 +.r..9.4M9.tdN4M1:W:dtY+ar.-4vr;....rw<r+•.,.~aM.rriw+:au.,. a.a+a,. . " e 9' r t k i it A I iii, ~yt • ~ ~ ,~rfz i S a~yi k, r ~ PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDi F . ' "Y City of Denton, Denton Municipal Utilities, Texas Utilities, and the yF ^'`1 "x t r, citixensofDenton. r s tF. FISCAL. IMPAC'' ~ Estimated annual revenues to the City of Denton General Fund $30,000 ° per year. Respectfully submitted, 'I~, x i 1 5 x h c1,~ ° HWFrell qeE ~ r t' 'y r PREPARED do APPROVED BYE ; r4 S. ! r? t «t~ r v R..: Nelson, Executive Director 'Al DepertMentof Utilities L, Exhibit I 11 Proposed Agreement y~y , vY A r ~ N ~ 1 ~ ~'p I I1 h.t~ 17g I FA. C! r. F t 508907-8 i 1~ ' Y (S lYt;h ~5~ f e~,~ «.,r. r+...-.-.,.,...~... .w.a~ ».nrwi.,-iW'Wv.Y6ht"5~y1~ilM~Y/. M9►trn'>r`~..n ~ _ r: vA~f i E - t r x. f ~ 7 n r r} < l r t ~0 9:! a f Y}n . h ti I fit. F 2039L NO. n s; AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, + AND TEXAS UTILITIES ELECTRIC COMPANY; AND PROVIDING AN EFFECTIVE r Y, DATE. WHEREAS, Texas Utilities is operating an electric distribution system within the City of Denton, Texas; and WHEREAS, the City and Texas Utilities Electric Company desire to a ree upon the rental or compensation for said coepany's use r r,~~l,; a L~~ of C~ty streets; NON, THEREFORE, , THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Mayor is hereby authorized to execute an r a reeaent etween the City of Denton and Texas Utilities Electric Company for the use of City streets, under the provisions of the contract which is attached hereto and incorporated by reference ` ,w herein. ',It 0 r ~'r ~L1 SECTION 11. That this ordinance shall become affective iatme a e y upon its passage and approval, PASSED AND APPROVED this the ` day of October, 1987. ; ' f. t i n w~t a a4.~ f s L FRIFE9 1 ; 1yR rY a y 1 PI` v3j ` i Y APVA6M AS TO LEGAL FORMt DEBRA' ADAMI DRAYOVITCH, CITY ATTORNEY 1 T V \In BY!~Li,6 S4~.+fG~ at`. 74 ~f e aiyy i M f 1 , i i 2039L ~ I THE STATE OF TEXAS I AGREEMENT BETWEEN THE CITY OF DENTON TEXAS AND TEXAS COUNTY OF DENTON I VILITIES ELECTRIC COMPANY This agreement, rude and entered into by and between the City r.. of Denton, Texas, hereinafter called "City", and Texas Utilities ' r Electric Company, hereinafter called "Company". WITNESSETH: yv WHEREAS, Company is operating an electric distribution Y. system, including poles, wires, transformers, meters, and other appurtenances within the City of Denton, Texas and' no compensation has been paid, is presently being paid, or is provided to be paid, to City for the use and occupancy of the streets, allays, highways, easements, parks, and other public places within said City, or other charges in connection with such ~v use; and WHEREAS, it is the desire of the Cicy and 'Company to agree uppon the rental or compensation for such use and occupancy and " the parties hereto have agreed upon an amount to be paid annually by Company for such purpose; x, NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and the mutual benefits to be derived therefrom, the parties hereto agree as followst ~ 1, That Company, its successors or assigns, shall pay annually k i" three percent (31) of its gross revenues from the sale of else- a " a gy trio power and energy at retail in the City as full payment for the right and privilege of using and occupying the present and future streets, alleys, highways, easements, parks, and other ,r public places within the City, The first payment shall be due on acceptance and subsequent payments shall be made on or before October 1 of each year thereafter. Each payment shall be based y on the gross receipts from the retail sale of electricity within the corporate limits of City during the twelve (12) month period 6 41' s , • ,I;;,'", y; ending July 31 next preceding the payment and shall be payment yl for the aforesaid right and privilege during the twelve (12) e+r+Jt tti _°a ;M month period beginning with October 1 of the year in which the payment is wade. The first payment an acceptance is based on the revenue collected during the preceding twelve month period beginning August 1, 1986 and ending July 31, 1987. This payment s , ' covers the street rental agreement period of October 10 107, ,through September 30, with subsequent payments to be ~,+a r rendered as previously state. Company shall provide complete report in support of its calculations with each such payment sad, upon request, shall provide and allow inspection of all necessary books and records of Company, 4 ! 1 ~ ~ ill.C:'ryry~{~i~.MTp+eGMn1Ml~.gm+µ'f~11~4! Tr.+~•rj~iY ! p1 h fit' " I 2. City agrees to accept such payment as full compensation to be paid by Company for the privilege of using and occupying he ublic streots, alleys, highxays, easements, parks, and other p places within the present and future tinrilieua oEliands shallitbe while this a6e t fois In r ells ofeCCompany's obligations to pay accepted as payment occupation taxes, assessments, municipal chargens feeseor crental harges, r pole rentals, wire taxes, license and inuiilit asement taxes, administrative and processing fees, y e rentals and all franchise taxes, street taxes, street or alley kind, 111 other charges, levies, fees, rentals and taxes of every }y except the usual general or special ad valorem taxes which the city is authorized to levy and impose upon real and personal assessments for public improvements, and sales taxes as property, allowed by State or local lax. 3. That the company shall indemnify and save whole and harm- nd employees from a , a lama the City and all of its officers, gants tenance, tH any and all claims for injury of theaconetrucatrisonon,s ma or in property occasioned by, or arising ou repair of the generations transmission, or dlstr!- operation, or rovided, ;w;rz button system, or by the conduct of business in the City p however, nothing herein shall be construed to indemnify the City ' r ainst the City's own negligence or fault. It is understood tg the es it is not the benefit intentio ofof third Pparties hereto that crthis liability for the " P rt a reement shall be solely for the benefit of the parties hereto, 1 1k 44 i-" B 4. That all poles to be placed shall be of sound material and alloys, Treasonably straih with ethe o dins y ttravell on interfere utter or as little as practicable streets or sidewalks or with the flow of water to any anchors, drain. The location and rute of all poles, stubs, guys, o conduits oand cables be laced and nstruetiontoand maintenance constructed of I tselectric e utility in the c VS " shall comply with all pertinent gr a distribution system in the City, re uireaents of the National Electrical Safety Code and ache rules r Ms by A guidelines that have been properly promulgated which are not inconsistent with this agreement and as may be r'"• authorized by State or Federal law. S. That in any future construction, in new developments, lateral and service underground binialllare areas designatedhinladvancecof or constructed construction by the City for all electric utilities in the plat zoning ordinances) p provided that the a proval process or by ` excess of the cost of underground facilities over the cost h overhead facilities shall be gpaid to Company by the developer, builder, users of such distribution feedertlinesr u y be iov rhead such designated areas, and transformers and similar equipment may be pad mounted. The q , 0,0 PAGE 2 c: ,1 1 `l t rt City Council or the city Cmar, omaany, awatve othehersquiresentmaof undergrou dtoinstallation if P good cause is shown for such a exemption. As used in this section: "Feeder lines" shall memo those electric lines that emanate from substations to distribute power throughout an araaa "Lateral lines" shall mean those electric lines that emanate Eros a feeder line and are used to distribute power to smaller areas of electric consumers, These ate electric lines are norully connected to a feeder line through a sectionalising device such as a fuse or 'r disconnect switch, "Service lines" shall mean those electric lines which, through a transformer, connect a lateral line to a customer's service entrance. t 6. Company shall, on or before the 15th day of each month, f report to the City Engineer each opening or disturbance t oof the f-way paved surface of any street, alley, hi hway, public or ublic places by Company during the preceding month. The surface of any street, alley, highway or public place within the syste shall renewing be distribution constructino v~ City, ntai its the Company In electric utility building, or maintanin ng kt~`~." Y restored within 'a reasonable time after such the completion of the work to the condition existing prior and uch repair shall be maintained because of defective workmanship by Company for one (1) year from the date the surface of said street, alley, z highway or public place is broken for such construction or maintenance after which time such maintenance shall become the fx responsibility of the City. Company shall be responsible for prom tly restoring, to as good condition as before the commence- sentpo the Company's work, all streets, alleys, sidewalks and other paved areas covered by this agreement. No such street, alley highwayy, or public place shall be encumbered for a longer period than <hall be necessary to execute work, It is understood that it is net the intention of the parties hereto to create any ;k liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto, P", 74 Nothing herein shall enlarge, diminish, amend, affect or otherwise prejudice any certificate of convenience and necessity granted to either City or Company. g. Company's property and operations within the corporate ' }units of City shalt be subject to such reasonable rules and r t~ ~r ij regulations of City as may be authorized by applicable law for the protection of the genoral public, Company shall comply with '1~yT i1 ! l d 1 P l r. r r'' ~ ( err atli , PAGE 3 • , , ev,xdi ♦~fJ+, ...n..y ....«,...,.r.^a.w.,n-,~:Yi.3+L'6tN1tfYNbvKi~. alb dFr 4,~ r - , a . r 4r' - r ` 1 < ti~ ' .C,y I ,are all subdivision rules and regulations of City generally in effect to the extent that sate are valid and authorized by applicable `kti,,•: state or federal law, Charges for installation or Maintenance of street lighting, including extension costs charged to developers, shall be In accordance with Company's tariffs. 9, This agreement supersedes and cancels all prior agreements between City and company relating to matters herein set forth, 10. This agreement shall terminate September 30, 1997. aria" «r}r " IN TESTIMONY W}ifiREOP, witness the signatures of parties hereto, in duplicate original, this day of - 1987. CITY OF DENTON, TEXAS r,r 7 : ~yI r v. BY. 1XY-3TEffM" MAYOR ATTESTt SbtrV iis x. } ~ r~ w ~''f " J611111 ~'~l pA~l 1 cf-ff t 1 ,fib ~ fir,, ~ krC1"" APPROVED AS TO LEGAL FORMS ° DE' WADAMI DRAYOVITCH, CITY ATTOEtNBY BY t Am 01 Y :FAR" TEXAS POWER 6 LIGHT COMPANY, r a division of Texas Utilities Electric Company y4 tjT V5~ y~ ryy , Y Byt TOP Is r ~EXECUTIVE VICE PRESIDENT PACE 4 5rt PJ a " ~~s ' r Y . M 11~~ .'l t r DATE: 10/20/87 CITY COUNCIL REPORT FORMAT 64 TO: Mayor and Members of the City Council 4' M1` FROM: Lloyd Harrell, City Manager n SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING 9.2154 ACRE TRACT BEING PART OF THE J. EARLY SURVEY, ABSTRACT NO. 12799 AND THE MORBAU FORRBST SURVEY, ABSTRACT N0. 4170 AND BEING LOCATED AT THE NORTHEAST CORNER OF MINGO ROAD AND NORTH COOPER CREEK ROAD. (A-471 RICMUNDATION : The Planning and Zoning Commission recommended approval on August 260 1987. §UWARY A voluntary request for annexation has Seer. submitted by the owner, ~ Donald R. Curtis. The purpose for annez.iton is to permit the development of the property and a zoning request and preliminary plat have been submitted. The request also includes Cooper Creek rd +i " Road, Mingo Road and the T 6 P Railroad. r7 > :y i, ,~~3 +f i w + = 9ACKGROUNDs ' ti The property is vacant at this time. Safety Kleen and the Croon Giant distribution center are located to the south and the Cooper Creek Baptist Church to located west. A sanitary sewer line is located in North Cooper Crook Road. f 1S+"'' r ` tl 7¢ PWO . DepARTMLN"_"_Mt AFYE4T1D t } All departments involved in the development process and the land i owner. , FISCAL IMPACTS rxgi *:m ws}} City services would be extended to the property, if annexed, but iK M11~pS lr.r,k d. because of the existing City facilities and no existing structures on the property the impact should be minimal. The WAintenance cost t for Mingo Road would also he minimal. a_ Reap lly submit edt.. . 'r?,wy ice.,; , Prepared byi Cf srrel :y Manager `7 Cecile Carson Urban planner Approved 1 rK~i f'• ay ~iA I~~~~Cr i ,.F `k 'r D►vid Ellison qyr ,iN Aoiinl Director for planning E Development Esc, ri r. I ~ ~t.a t .,+..r..r.+riOa.M~swi~+' ,,.,....,...,....,.r....~w.r,ww..w •,~a---^'^` - , " ( pS 1 1 r q t In I s r 1881L NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALI, THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 9.2154 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DBNTON, STATE OF TEXAS AND BEING PART OF THE J. EARLY SURVEY, ABSTRACT NO. 1279 AND PART OF THE MOREAU VORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY, TEXAS) CLASSIFYING THE SAME AS AGRICULTURAL 'A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. { WHEREAS, a request for annexation for the property described in Exhibit 'A", a copy of which is attached hereto and incorpo- rated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the City of Denton; and WHEREAS, an opportunity was afforded, at a public hearing held Ty for that purpose on the /P day of 198i in the ~t Council Chambers for elf' nnttee estea person to state their views - and present evidence bearing upon the annexation provided by this ordinance) and r, A WHEREAS, an opportunity wAs afforded, at a public hearing held "n for that purpose on the -tJ-Z day of Au „s t~ 9 ► 1967 in the council, Chambers for alf-Enterested persons' to state their views and present evidence bearing upon the annexation provided by this otdinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, tiro~, ' prior to its effective date, and after the public hearings; ' t ~ NOW; THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSS SECTION I. That the tract of land described in said Exhibit ' 4qs^';\5 ~#1' e~6 and the same is hereby annexed to the City of Denton, Te>ea, and the same is made hereby a part of said City and the i w3 lend and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of j ? ti~+kk said City and shall be bound by the acts and ordinances, of said ! s City now in effect or which may hereafter be enacted and the ~ property situated therein shall be subject to end shall bear its prorsta part of the taxes levied by the City. property deacribeA in Exhibit 'A' is hereby ! dies f td a Agricultural "A" District and shall so appear on the 8""'ON II. The of[ioial awning map of the City of Denton, Texas, which map is .{ry was'; hereby amen6ed accordingly, SICTION l_ite~ Should any section or part of this ordinance be r, held . unconstitutional, illegal or invalid, or the application thereof 'ineffective or inapplicable as to any territory; such z'IuAconstitutionality, illegality invalidity or ineffectiveness of ' Y \ r A-47/PAGE ONE ' Ile, a, such section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining y portion or portions, the same shall be and remain in full force and E effect; and should this ordinance for any reason be ineffective as a' to any part of the area hereby annexed to the City of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council here- 'tY 4y by declares It to be its purpose to annex to the Cit of Denton ` Mfr. every part of the area described in said Exhibit "A" of this ordt- nance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included within the general description of territory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any uther City, Townor Village, or which are not within the City of Denton's jurisdiction to annex, the same is hereby excluded ai,d excepted rri"~,F from the. territory to be hereby annexed as fully as If.. such excluded and excepted area were expressly described herein. SECTION IVa This ordinance shall be effective immediately upon Its passa ' r3 t,ya n'a ,F Introduced before the City Council on the /5.&day of a 4nr6¢r 1987. x ' et PASSED AND APPROVED by the City Council on the day of ?s { 'g"{ 0 1987. I J y. 0 1' +1,.11 4 1-. r. ~wr i ,'f Y d I i 'A'RTIST: , 'MR! PER i M . , CITY , APPROVED AS 1'O LEGAL FORM: ^4' ~y~v DENRA ADAM[ DRAYOVITCH, CITY ATTORNEY y,a~ ` ,k lpt Ih. _1Y j~ '~-Pt hqr Ede { r ~r a A-47/PAGE TWO r ' y Yf r' T0.Y ; a4Anwfi. '!'rr!r^° . ` _ . •...w.tne.+tNltd ~r:tcsw.utyy1455Ri1+ 191Y~M fA ''aw~*'r.°"~nrs..ma"......«.'.,....... , , 3p4d f o rl - . ` if r 1 1 EXHIBIT "A" ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. Early survey, Abst. No. 1279, and part of the Moreau Forrest survey, Abst. No. 417, and also being part of a tract of land as conveyed from D. 0. Jones and Shirley Jean Jones Catter to Dan Christie, Don Curtis, and Bob Houser by deed dated March 13, 198S and recorded in Volume 1724, Page 64 of the Dead Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point lying in the present city limits, said present city limits established by Ordinance No. 65-43, Tract 1, Said point also lying in the south right-of-way line of the Texas Pacific Railroad, and the west boundary line of said M. Forrest survey, same being the east boundary line of said J. Early survey; THENCE North along said present city limits and said survey lines, passing at 53.90 feet, more or less, the centerline of said T. 4 y ,I ayE•,tr { P. R. R. continuing for a total distance of 107.80 feet to a point ?t: lying in the north right-of-way line of said T, 4 P. R. R., same +fir' being the south right-of-way line of a northeast- southwest public tw road known as Mingo Road for corner; c ~I 11'4 » THENCE north 00 21117" east along the east boundary line of said aka ' >.•t J, Early survey, same being the west boundary line of said M. rr» Forrest survey, passing at 64.85 feet the north right-of-way line of said Mingo Road, continuing and along the centerline of a m'q "~fk„•„ north-south public road known as Cooper Creek Road, a distance of I 1 , 78587 feet town iron pin, same being the northwest corner of saki M, Forrest survey, said point also lying at an ell corner of said Cooper Creek Road THENCir' north 890 15' 1211 mast along the north boundary line of said M. Forrest surrey, sane being the centerline of the east-west „ portion of said Cooper Creak Road, passing the Intersection of the refizF,9 centerlino of said Cooper, Creek Road and the centerline of an east-west county road, continuing and along the centerline of said '1county road h distance of 575.2 feet to an iron pin for corner; 'Y THENCE south 20 26' east, passing at 19.83 feet the northeast corner of sold tract, some being a fence corner post, continuing along the northerly east boundary line of said tract, a total distance of 260.S5 feet to the easterly southeast corner of said tract; ti + + THENCE south 730 $8' SS" west along the northerly southeast boundary line of said tract, a distance of 160.94 feet to art inner ell `c,drner of sold tract; • r'y A-47 k ti ~ ~p t,i . ;.Yl+-•"~" a` ""-'^"~~.hl,/~.'Yr<Ik:I+~xr,,, ,,.v,..e..... ..'ar.»fnlM"~YALR'dr:.~fi~.ryaCl7~+tl.'yy(+1..-..,...w e . 14 . J, 1 bid ~'h ~ e 1 Y1r 6".4w 1l . P s t 1 IYF THENCE south 020 351 3S" east along the westerly east boundary line of said tract a distance of 244.03 feet to the westerly southeast corner of said tract, same being the north right-of-way ' line of said Mingo Road; THENCE south 210 361 1211 east, passing at 60.0 feet the south right-of-way line of said Mingo Road, same being the North right- of-way line of said T. b P. R. R., passing at 110.0 feet the centerline of said railroad, continuing for a total distance of 160.0 feet to a point lying in the south right-of-way line of said I 5Ft II railroad for corner; THENCE south 680 031 4811 west along the south right-of-way line of said T. 8 P. R. R., a distance of S46.67 feet to the Place of i' 1 w Beginning and containing 9.2154 acres of land, more or less. i r ~ k I y !'L Y ~ M1 + 1 b+ 1 1 E' , r1 5: YR yrMr}"~eti~. rIPPL ~ 1 11 4. r S r lV 1 u t +1 ; 1~1.~A ba 'Jql1~ r ijt r t'V: ' 15 5 1. if F~bba ,~rirrt `~1ry r ~,FFzl ~ t Yyk v M{ t +r1 f /i' a f 5 YY • C I ih1 J! 111. r ~ 5 l V.rk~r} dr iY. . •F. Y 5 le r,e r~, r ! x ~ b r, [ A-47 a k i + Pt{ f r ~ ~M1Y~T rr.•I r _.,....,r-., 5.•. - 7yry ` 1 L N v _ a ' ~Jr , ..rµ~tf bMw.+.,.. 1. t,ay 1,l~ 'G d i! .N" ~ tl 1 1 £t ~1(~! ~I h Q~ ) ~ h I 1 s Y ! ~ •jl j:' y u . i~rw 4k`'~'s ti7•~;f, i. .n i°t £'r~ .e ~ 4 ~ . , :'r.~fN. I ib i. fr t ' r ` 1' ry + ~ 11 ' r 1 i , f e , . tt 11 K r~,;1 f 1 I - s i 5S gy, 5J b Mi, i S5 y 5~,+ +4 I 1 P1! n P V -T 4 1. , PLAN OF ShRV1LE FOR ANNEXED AREA, CITY OF LENION, TEXAS 1. Basic Service Plan A. Police Patrolling, radio responses to calls, and other routing police services, using present personnel and equipment, will be provided on the effective date of annexation. B. Fire Piro protection ty the present personnel and equipment of the Eire fighting force, will be provided on the effective date of annexation, C. Water/Wastewater i Maintenance of public water and wastewater facilities will begin within sixty (60) days after the effective date of r'',•;r1°,'~ the annexation for all facilities required to be maintained by the City of Denton. ~ 0. Refuse Collection r The same regular refuse collection service now provided] within the City will be extended to the annexed area within sixty (60) days after the effective date of annexation. 4 a «a E. Streets 16 Emer ency maintenance of streets (repair of hatardous 'Q ,,~•.f r,~, chuckholes, measures necessary for traffic flow, etc.), will begin on the effective date of annexation: 21 Routine maintenance on the same basis as in the present ? ^ City, will begin in the annexed area on the effective date of annexation.` 3c Reconstruction and resurfacing of strlets, installation' of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need " therefore is deter,+lned by the governing body, will be accomplished under the established policies of the City. 4, Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the } need therefore is established by appropristn study and xy;traffic standards. F, Inspection Services Any inspection services now provided by the city (buildings electrical, plumbing gas, housing, sanitation etc.) will begin in the annexation area on t9e effective date of ` . 1, annexation. ~ t , r -'i,~,/~~A wr.. - ,.wt+. _ _ .a'. ~'u~'fV. VV' 14AA81N~0.M~~~'"'.,.. •~~yr Jr +r I 4 k 5l. Service Plan Annexed Area Page 2 i G. Planning and Zoning 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 and a zoning designation for the pr;perty will be established. H. Street Lighting Street lighting will be installed in the substantially developed areas in accordance with the established policies of the City. ' 1. Recreation Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effective date of annexation, The same standards and policies now used in the present City will be followed in expanding the ~'r• recreational program and facilities in the enlarged City. J Electric Distribution The City recommends the use of City of Denton for new 6 electric power. r' k4 Miscellaneous i. Street name signs where needed will be installed within approximately six (6) months after the effective date of f annexation. • 1I4 Capital Improvements Program (CIP) The`C1P of the City is prioritized by such policy guidelines asi A. Demand for services as compared to other areas based comparedntoeother areas, establishedntechni,calpstandards L p and professional studies, and natural or technical re- " a istraints or opportunities. _ S. Impact on the balanced growth policy of the City, { 5. ,w ~a,^^ C, Impact on overall City economics. The annexed area will be cons=•iered for CIP in the upcoming Y CIP plan,. The annexation.ares will be judged according to y,•. the same established criteria as all other areas of the City, a , 1•' 11'u• u•, ...v~..~4n:Al Y'=W'11.aMi~M ,fi ~ ~rrww,-r. •~Mw~pa}1r,+~,r.. - ..•,.•,ow,n'.~'M".1~81WP1YR`ViO~~l3M~YAM.IWIIt 1 1 'k It ,r , 3 1 t , { ~ j J ~ I 4-47 • Y 1. ~.1 j L t + I ' a1f .i CC. ' rr r~ y {~~~a cif ~ V I ,~~r.. L.r•r• ~ k' -4 rrrrw rj' ~ I k+. 1 5r4~aa PO4 q ~ ~ I Ir. • j r . a C . 1a t~V .fir rr~.{r~ x t?>F .7~ Y SF-10 PO V3 r r w Z , j, 1 i 0 ,S , M •r ' Il ANNhXA'11GN SUMULE r A-47 k; ✓ August 04, 1987 City Council sets date, i6 and place for public hearings ~A r ✓ August 07, 1987 Notice published in Denton Record' Chronicle for first public hearing August 14, 1987 Notice published in Denton Record Chronicle for second public hearing August 18, 19..7 City Council - first public hearing August 2S, 1987 City Council - second public hearing rd o', f ,jAugust 26, 1987 Planning and Zoning Commission makes a'I v recommendation a `f lls j/September 15, 1987 City Council institutes annexation: ~ , ✓ September 18, 1b87 Publication of ordinance in Lenton ' fir, ^r !record Chronicle r+~ 1:, 1 h4 rsI October 20, 107 Final action by City Louncil L~ jay J «y ~ , ° r~~rLy,4n"4 ~}'yrT7 ii fit.,. pp P 1iFlpMA r~?~~" " L I g~~ M J qi * ,LA 'KV S; i , it ~41' r I v~~ t 4^ +':##'°"'n«t. .w.,. ra- +wRY+rkF~1M~~'Ib~1Md~PMpurt"1'~..,n ~I !Ff~' 1 hr~ s ~,»4r 1 r » R y S r » + s t~~ L + , ak P 6 Z Minutes August 26. 1987 Page 2 } RECOMMLNLATION: Ms. Carson stated that the staff recom- mends approval of Y•1667. She added that the staff has spoken with Mr. Worrell aid Mr. Tucker about rear access j to the single family and this would be discussed during the platting stages in an ittee t to limit the curb cuts on Monteclto Dtive and Mick`ory Creek koad. (f Ms. Brock asked it the rear access could be a requite - ment. Ms. Carson said that conditions cannot be attached to the toning request but staff could negotiate during platting. Ms. Kiker asked iE the sln~le Easily land use would In. crease traffic on 'leas ley an s. Ms. Carson stated that single family has a lower traffic generation than multi- featly or general retail. She said that single family generate[ approatmategeneratesl5 to ZUptimes theiamountp d of g day an mult i -family single family. Ms. Brock asked if there Is concern about the large con- " ' centration of single family-?. Ms. Carson stated that this area is more appropriate for single family-7 than any larger lot single family use. She said less sQuare toot- in the lots would require a planned development. She said that additional coning in this low intensity area p~ t will be reviewed to insure diversity. aiLbU1TALt None offered. h C1,sir declared the public hearing closed. Y"rV e r i ! r 7 la UhCISIGNt Mr. Glasscock moved to recomseun approval unanimously TT6S7- Seconded by ms. Cole and motion unanimously carried (7.01• B. PkhLIMINAkY AND FINAL REPLAl OF ALL OF LOT 1 AnD PART DF f , OF Th .1~ 1 ;J 5 MF Rh ORTt Ms. Carson stated that this 0.7 acre tract f u a at the corner of University Drive (U.S. Kighway 360) oand Bolivar Street and is coned cossertial (C1.. A e u sh booth sddltibn to the NtDonsld's tteateutaht is pro• posed for the Site. No public laprovementa will be needed at this time. She added, that the Development Review Cos. +,J ■ittee recommends approval. f' mr. Molt asked why the property had to be raplatted.' s ` Ms. Carson stated that the current configuration is In party was sold off by fetes and two lots and the pro bounds. She said that before a building permit can be i, TA :a issued the lot has to be replstted into one lot. I wr t f ~ PAYOR1 None present. ` " OPYOShDs None present. Chair declared the public heating closed. y` DEC151u t No. Cole moved to recommend approval of the "I'rO -o ;fit l~t^ Drm m nary and final [split of all of Lot 1 and part of V` h;4 t? 4 and notion unaI of nimouslyfcarriedtV-4),Seconded by Stf.+ Brock . 111. CONS1Uh1tAf 10S A. •47. Petition of Donald R. Curtis and City of Denton for anneaatlon of a 9.11$4 acre tract of land being part of the d. bstly Survey, Abstract No. 1174) and the M014AU Forte;t Surrey, Abstract No. 417, and belts located at the northeast corner of Mingo Road and North Cooper Creak Road.' s , A'i i ~ ~ ~ , . 4 .+s3.:i.tLS.AtiA71.►RR13Li~Si~iY'",AW+h7ieR+W'M.w"'"""` 1 E P ` t Minutes August It, 1987 page 3 STAFF RhpOkT: Ms. Carson stated that this is a voluntary request Toy annexation b~ owner, -jonald kr Curtis. The purpose for annexation is to permit the development of the property and a zoning request has been subrltted. The ad, Mio Koad And k request also includes Coops} Creekisov acantnat this tile. i1 the T i p Railroad. 'She Property Safety Kleen and the Green Giant distribution tenter arm loured to the south and the Cooper CreeBsoELtheth is located west. The staff recoerends Approval annexation. W ITIONER: Brian Burke, Burke Engineering, stated that t e owner van a the annexation and added that he is avail- able for questions- ~ U1CLSION: Ms. Brock roved to recommend approval of A•41, seconded' by Mr. Glasscock, and motion u moan ■ously tarried F (7.0 S. A. Su. petition of City of Denton for annexation of e ` 24 1957 acre tract of land being part of the J. Ayers Survey, Abstract NO. I end part of the b Burleson survey, Abstract No. 64, and being located west of 1.35 and north of intersection of Rector Road. E° STAFF khpokl: Ns. Carson stated that the property is the rf, s e d a proposed batch Plant and if the propertyy Icy Olt-do is would be consistent with the city's yollcy to 4w S, i protect the City's interest in dereloprant. the load is k used by the contractor for the State highway Departs 4`x; pdx - rent es a maintenance yard. The ■a)or coacetns are land use control, aesthetic quality, and relation to the tom- aunity. The land use would be in conflict with the Denton I strip . ` Oeveloprent Guide. In order to meet the 1,060 (Oct a4{ requires eac of tha state lekislition additional property.. s~ to the north of the proposed !lector subdivision Au, fen tl,;: ~1e,c included, She added that this would more clearly define y the boundary between the t;ity of Sanger and,tAe City of ; p . Uentoa. She laid that staff recoantads approval of. the annexation. DECISION- IO-N-: Ns, Cale moved to recommend approval of A•SV, secondaa by Mss brock, and motion unanimously locales tt•u). r q C. ELECTION F CHAIRp SON D Y CE•LHA1kpER50of ptanntng s. t ` , and on ng ormTsii on Claiborne vacated the their. k5 Ms.'Evans took Chair and called for nominations or Chairman, Mr. Holt nominated Bill Llliborae for Chal rah of the planning and toning Commission. seconded by Nr. goon, v Mri Glasscock moved that the nomihltione least and Mr. Claiborne be rs elected as Cgairien of the Planning ~1~*, ~Y iyti and toning Commission. t rry'~ P ; ~+a Vote wad called and motion tactile I6•V tr r t Mt. Claiborne took chair and called for noYinations for M1. Vice-Chairman. ; Mr, Holt nominated Eullne frock for Ylce•Chairtan of the planning and toning Commission. Seconded by Nei Cols,, n Mr, Glasscock moved that the horinations erase and, that Ms. Brock be fleeted as Vice-chairman of the planning and toning Commission. 6 a {M1 .y_ Lq y DATE: 10/20/87 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council f FROM: Lloyd Ve Harrell, City Manager 1 SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING 24.39 ACRES LOCATED IN THE B. BURLESON SURVEY NO. 65 AND THE J. AYERS SURVEY NO. 2 AND SITUATED WEST OF I-35 AT AND NORTH OF THE INTERSECTION OF RECTOR ROAD. (A-50 RECOMMENDATION: ,J The Planning and Boning Commission recommended approval on y, August 26r 1987. SUMMARY: The property is the site of a proposed batch plant. If the property is annexed, it would be consistent with our polipy to protect the city's interest in development. BACKGROUND: f+; The property is removed by a considerable distance from an urbanized area of the City. Water and sewer lines are currently not antic! f IMF, w pated to be extended until 2000 by the City of Denton. The land is ps being used by the contractor for the State Highway Department as a maintenance yard. The major concerns are land use control$ aesthetic quality, end relation to the community. The land use would be in Coneiict With the Denton Development Guide. P OG S~ D!lAitT_MENTS OR GROUPS AFFECTED! 11 rf f*~ „ All departments involved in the development process# the land owner, ~i t and developer.' 3 O l i 11 IIBCAL IMPACT: t,`' Webs At this timei fire protection would be the main concern. A building, ;x kq i'I,t , , hoe boon constructed that would require City 'services. Rea fully sub i tad: } Prepared by: Lly anal Ci Manager 'Cecile Carson urban planner David III ison Acting Director for ,tq Planning and Development !3929 Y/~W~ I+p{) 1-Mrn wmrM....~..-~..... s........ _ n.wlirA 1~SYYYVwTiwM"',..n..._. ....a,..,...ns...r,ewr....r•,.,.....+..«....o-r+yww 'I 1KA x p tq„.1 eYfW h a 'Ay • a r ljt1 tj~ r , , ~I 1872L t, i NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 24.3957 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING ,r PART OF THE J. AYERS SURVEY, ABSTRACT NO. 2 AND PART OF THE B. BURLESON SURVEY, ABSTRACT NO. 65, DENTON COUNTY, TEXAS CLASSIFYING THE SAME AS AGRICULTURAL 'A' DISTRICT PROPERTY AND DECLARING AN EFFECTIVE DATE. R. it WHEREAS, a request for annexation for the property described sh , in Exhibit 'A*, a copy of which is attached hereto and Incorpo- rated by reference herein, was ini:roduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of .he City of Denton; and WHEREAS, an opportunity w a afforded, at a public hearing held - for that purpose on the l8 day of rs 1987 in the 4vv ` Council ChamberaIfor al interestedersons to state their views and `present evidence bearing upon the annexation provided by this ordinances and WHEREAS, an opportunity was afforded, at a public hearing held loic that purpose on the as,0 day of v s ► 1987 in the q.rr Council Chambers for al n erested persons to state their views l and 'present evidence bearing upon the annexation provided by this I ordinincet and , WHEREAS, this ordinance has been published in full at least , +'y;a u1P?;Ys 'one time in. the' official newspaper of the City of Denton, Rexas, prior to its effective date, and after the public haaringa; NOW, MHEABFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; fai t 1,. PP I K rz}~ytt'}.~Y t 4Z i SECTION;. That the tract of land described in said Exhibit *A' be, and the' dime is hereby annexed to the C!.ty of Denton, Texas, and the same 'lt made hereby a part of said city and the land and the present and future inhabitants thereoe shall be entitled to all ka^°\ the rights and privileges of other citizens of said city and shall k g I ~ 1r'r•. r A-50/PA0E ONE k ' ~.1,T~ a Oy°. ! 7p~CPYh.TI~' n..i ♦ •rn•'r-.,.•a........ _ ' T It t 1 , t{~A~y lei 1 f f ~ i j be bound by the acts and ordinances of said City now in effect or I which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes ff levied by the City. SECTION II. 'fhe property described in Exhibit "A" is hereby classified as Agricultural A District and shall so appear on ing map of the City of Denton, Texas, which map Iseherebylamended ` accordingly, SECTION III. Should any section or part of this ordinance be held unconsti- tutional Illegal or invalld or the application thereof lneffec - r Live or Inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffectiveness of such section or part 1 shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to. such remaining portion or portions the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to any art of i` area hereby annexed to the City of Denton, such ineffectivenesstof this ordinance as to any such part or parts of any `such area shell d not. affect the effectiveness of this ordinance as to all of the s~ remainder of such area and the City Council hereby declares, it to belts purpose to annex to the City of Denton ever y part of the . a'cea described in said Exhibit "A" of this ordinance, regardless of-whether any other part of such described area is hereby effec- t1yely annexed to the City, Provided, further, that if there is included. within the general description of territory set out in ;y Section;1 of this Ordinance to be hereby; annexed to the City of ;Denton any lands or area which are resentl p y part of and included within• the limits of the City of Denton or which are presently part of and included within the limits 01 any other City, Town or Vllla'ge~ or which are not within the City of Denton's jurisdiction u e: to excepted the same is hereby excluded and excepted from the 4 territory to be.; hereby annexed as fully as if suc,t excluded and area were expressly described herein, k SECTION IV r' „Mr This ordinance shall be effective immedistely upon its passage, introduced before the City Council on the day of Sef✓ 1 A-SO/PAGE TWO 4 e: s ~-'fry _I =ti Q t4 J % .a « s ounc PASSED AND APPROVED by the City Cil on the day of 1487. _I r, r RAY STEPHENS9 MAYOR M M ATTEST: r i Y~t~ x'f e SECRETARY IMETERSs CITY 'A v r,Y, APPROVED AS T,0 LEGAL FORMS f' DE$RA"ADAMI DRAYOYITOj C1TY,ATTORNEY r Byl 4,/ I~ r dL~~, ♦y~r ~ ~ J I Jr I ~ z!f , IC 5 1 , r yM1 1' ~y ~Wf i1' ~+~r f'' N 1 1~ a , fi l4 T y 1 A-SO/PAG6 THREE Ikl i.:~ a r Y IS S 3 Jr + 11,4 '4, 1 `u, r ~ r ~ .e.~yyyyy r ,14 ,I1 Y r~ I~a ~d 1' lA x Y ,r Y i , y Y~ F ~ I I = I P'l r ~ 9 1 Y~1 , .~1~•~`Y , ! ^'k a ~ , 4, 11 J~ ~ -.L+~' Y Y ` k k k EXIIIBIT "All I ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of a tract of land as conveyed. from S.R. Rector, et ux tr, S.D. Rector by deed recorded in Volume 2470 Page 410 of the Deed Records of Denton County, Texas, and also being part of the J. Ayers Survey, Abstract No. 2, and part of tht B. Burleson Survey, Abstract No. 65, and more fully described as follows: BEGINNING at a point in the present city limits as established in the tract described in Ordinance No. 87-141, said point lying 250.0 feet west of and perpendicular to the centerline of a IH 35, said point also lying in the centerline of an east-went 4 .4 county road known as Rector Road; THENCE south 820 OU' 00" west along said centerline of Rector Road a distance of 1033.S8 feet to a nail for corner; 'i ThENCh north 070 28' OU" west passing at 40.0 feet an iron rod lying in the north right-of-way line of said Rector Road, passing at 150.0 feet, more or less, the north boundary line of said J, Ayers survey, same being the south boundary line of said B. Burleson survey and continuing for a total distance of t 620.68 feet to an ircn rod for corner; THENCE north 080 west a distance of 379.35 feet to a point for a corner, said point lying 1000.0 feet north of and perpendicular to the centerline of said Rector Road; TUNCE north 820 east 10UU.0 feet north of and parallel to the centerline of said Rector Road a distance of 1093.96 feet to a 'point for corner 1-'ing in the present city limits, said ? point also I Ing 250.0 Eeet west of and perpendicular to said centerline o said IH 35; 1. X41. j x,,,t ; THENCE south 40 12' S4" east (by ordinance south 20 SO' east) along the present city limits and continuing for a total distance of 1002.19 feet to the Place of Beginning and containing 24.3957 acres of land, more or less. ~ A C ak 1 iat 11 r iY^ 1 , 1 Y,r Y° Hp Y A`SO N Y 1, 14 ' Y ry~7 ` 1 1 1• k~ i p t 4 PLAN OF SERVICE FOR ANNEXED AREA, C11Y OF LE,NTON, TEXAS 1. Basic Service Plan A. Police j Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation, B. Fire i rotection by the present personnel and equipment of Fire pi the fire fighting force, will be provided on the effective date of annexation. 1 a, 4 C. Water/Wastewater Ik Maintenance of public wat:•r and kastewater facilities will begin within sixty (60) days after the effective date of the annexation for all facilities required to be maintained by the City of Denton D. Refuse Collection K a +.I The same regular refuse collection service now provided k a „°a within the City will be extended to the annexed area within " sixty (60) days after the effective date of annexation, 4 Streets 1. Emergelcy maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.), will begin on the effective date of annexation. rh t 2. Routine maintenance on the same basis as in the present City, will begin in the annexed area on the effective date of annexation. a•,~ i , .j S. Reconstruction and resurfacing of streets, installation , of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need 7x therefore is determined by the governing body, will be accomplished under the established policies of the City. 4. Traffic signals, traffic signs, street marking s, and ,y... other traffic control devices will be installed as the N° need therefore is established by appropriate study and traffic standarrs. F. Inspection Services Any inspection services now provided by the City (building, y'II B , electrical plumbing gas, housin , sanitation etc.) will begin in tAe annexation area on the effective date of ` , r annexation J4 I 1y 1 1 ..I , Y f:r y .tiR.<•s~. [r^MQK{~VTIYA,r'~"'__.... S. ~ 1 I e M' rr 1'1 I : X10 e;,~ , .1 ICI h Service Plan Annexed Area Page 2 G. Planning and Zoning ` The planning and zoning jurisdiction of the City will extend to the annexed area on the effective date of r ' ' annexation. City planning will thereafter encompass the annexed area and a zoning designation for the property will be established. S H. Street Lighting ~A'r Street lighting will be installed in the substantially 1'-$ developed areas in accordance with the established policies of the City. I. kecrea ; .on d w Residents o'- the annexed area may use all existing recreational facilities, parks, etc., on the effective date of annexation. The same standards and policies now used in the piesent City will be followed in expanding the recreational program and facilities in the enlarged City. ti <dr`~ roe d, Electric Distribution ,v The City recommends the use of City of Denton for new electric power. E x jJ~(°''~rrl ^f A,. Miscellaneous ~rz~'`l k~fitd~ Street name signs where needed will be installed within sr~,,P¢ approximately six (b) months after the effective date of „r R annexation, II. Capital Improvements Program (CIP) e- The CIP of the City is prioritized by such po"icy guidelines as: ri'71 tA A. Demand for services as compared to other ar partly on density or population, magnitude of problems I t compared to other areas, established technical standards and professional studies, ar.1 natur,.l or technical re- straints or opportunities. B. Impact on the balanced growth polity cf the City. y C. Impact on overall City economics.. }w:'i >s',rrr'♦ The annexed area will be considered for CIP in the upcoming P~ #~I CIP lane The annexation area will be judged according to u ' `;tae saole established criteria as all other areas of the City.; r ^ !~S ~ X ^I nit -il 6,~r Ly. i y~ - r . L 1 I t, y ~ I,, n 1y ~ (1 ~f 71~ ~ . ~ 1 d ~ 4~F Qi6 /m. Q .l Outk C►eek`,~ • ` +v T !van . Rd~ u .ter ! ~ ~ • ~ ~i ~ . 1. ~ ~ o :1 r R A f a c ~ t.. \ , S'~ I 0018 0 JL ,I', MI a All R d . * U I 2• •x-~-:'a~'~.~ S ; 3 ~ r - • --i f w~ • • 1JY ' at 81 ~ a un d M / 71 Y • I • a. Met 4 ad* 'MILO 16 j 1 1 f S Y TEXAS AIR -CON'T'ROL BUARD k, r t RECIFF iI 'IFF D JUL 151987 4a REa101! a lir, Don Il. Jablonsky , xl t , General Superintendent TEXAS AlnCONTROL BOARD ` ° BUIN14CX BROTHERS, THCORPORATEO Post Office Box 1119 Grapevine, Texas 76061 Re: Change of Location ; Perms Mete tion Nos. C-92841 an C+ Asphal Plants + Sanger, Denton County ' ~Lm mr''~ n Deaf 1 dNbloi~ This is in response to t cal permit applications. $4e x z _ requested infornation yarding t proposed site/location frori our Fort.°tJorth Regional i ite. Yl" After considering in )rmation from o regional office we have deter- id that the propo d site is not ultable for an asphalt hatch r+'`{ r plant. °The' proxirnity f ;rFSidence and businesses to the site is such kl that nuisance conditio ould Ikoly to develo,), A nuisance F -condition would cuntraven. ntent of r gulps 10.4. for this reason we cannot recommend fssua a of a rmit for the ' proposed location. Please seek a more sui able la tion and let us ' % x~ arly',• know where it is so our regional investfya or can aluate it. „ `r hxf 4en we, receive infonnation regardingg anot r otatfon, we will continue our evaluation of your Permit app ications. If we can he of , assistaece to you',' please let us know. ~F 5, r ' 41 k Arthur J, Kellogg, P.E. ~t permits Division ' I cCt 1r, Melvin Lewis, Regional Director, Fort Worth ~.I II 1 r:drw =yVV 4..4t Y h, I, f v` ' t ^ a ANNEM IhN SCHEDULE i a' A-5U 5 ~ r I 1' fp,rq, _ t. August 04, 1987 City Council sets date, time and jet _t place for public hearings August 07, 1487 Notice published in Denton Record r,r wF, Chronicle for first public hearing y,ro yV yi i~ "August 14, 1987 Notice published in Denton Record Chronicle for second public hearing August 18, 1987 City Council - first public hearing August 25, 1987 City Cou'ac - second public hearing `i 'sr'< „-e-"'Au¢ust 26, 1981 Planning and Zoning Commission makes a recommendation rill ?10? ,pi rif September +.S, 1987 City Council institutes annexation . ~/S tember 16, 1487 Publication of ordinance in Denton „ FF kecord Chronicle > 1~ October 20' 1987 Final action by City Council 1 I t~v.YC ~ 6 r ' ` t, ni'ik ~ ~ r 7f ~l I it ,lfl. .{i 4 it if ~ r ~ b M i 1 `i " D 4 S S~ >n d r r, l ~'hfr{~ ^N ~~Cr~ " I IFS ` . 7 ppC~~;~ rl s7 + rii t l~ S I F Fj~ '1 r~ 4~ t a f j ~id7 Y!Yp r t - S oy n~f 'r v i.~ Irir~ W 1 Q. 1 f" ` C. yiW r V ~ l'' 1 a F n• d i.~ 5 4k p4 i ~ c 1 i, i t.. f i4 7y,. _ YYt ' P S Z Minutes August 2b, 1V87 Page 3 r it STAFF REPORT: Ms. Carson stated that this is a voluntary request by owner, Donald k. Curtis. The t purpose for annexation is to permit the development of the property and zoning request has been submitted. the request also includes Cooper Creek Road, Mingo Road and the T g P Railroad. The pro party is vacant at this time. r` Safety tleen and the Green Giant distribution center are located 'to the south and the Cooper Creek Baptist Church 1s located west. The staff recdaeends approval of the „ annexation. PETITIONER: Brian Burke, Burke Engineering, stated that 13e owner wants the annexation and added that he Is avail- able for questions. r} DECISION: Ms. Brock moved to recommend approval of A-41, t seconded by Mr. Glasscock, and motion unanimously carried B. (LA-SO. Petition of City of Denton for annexation of a TMYS7 acre tract of land being part of the J. Ayers Survey, Abstract No. 2, and part of the B. Burleson Survey, Abstract No. 6S, and being located west of 1-35 y and north of Intersection of Rector Road. , STAFF REPORT: Ms. Carson stated that the property is the a s t-T proposed batch plant ano it the property aa- nexed, it would be consistent with the city's policy to protect the City's interest in deveiopment. The land is contractor for the ttte Highway Depart- >r'' being used by the cry meat as a malntenaace yard. The major concerns are land Y.~ M use control, aesthetic quality, and relation to the tom- y ■unity. The land use would bs In conflict with the Denton # St Y Development Guide. In order to meet the 1,000 foot strip' rxtk=, ;1, ' requirement of the state Ia islatton, additional pro party i ; k • to the north of the proposed Rector Subdivisioa has Ven 1"J lq included. She added that this would more clearly define! the boundary betweun the Ctcy of Sanger and the"City o£' sPiTr y~ Denton. She •aid that staff recommends approval of the annexation. bEtISION: Ms. Cole moved to recommend approval of A-SO, led, seccood by Ms. Brock, the motion 'unanimously 'Carr C. ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON of Planning ana zoning omm ss on „ Mr. Claiborne vacated the chair. ti fi` Ms. Evars took Chair and called for nominations for Chairman. Mr. Holt nominated Bill Claiborne for Chairaan",of the Planning and Zoning Commission, Seconded by Mr. %&boon. Mr. Glasscock moved that the nominations cease and Mr. Claiborne be re-electe44as Chairman of the Planning oYkt ';r and Zoninj Commission. Vote was called and motion carried (6-0). F 1 ^ S V ' Mr. Claiborne took chair and called for nominatibna+for Vice-Chairman. ;s Mr. Holt nominated Euline Brock for Vlce-Ohairmaa of the ! Planning and Zoning Commission. Seconded by Ms. Cole. tk 9 . Mr. Glasscock moved that the nominations cease and that ,.l . Ms. Brock be elected as Vice-Chairman of the Planning and L Zoning Commission. 1• 1! , n. .,C a: ,YdS ::.p LL,'vi N. ..ro-.9>tin bMY' 1 i A M1 CITY COUNCIL REPORT FORMAT DATE: /1/0/29/87 TO: Mayor and Members of the City Council • FROM: Lloyd Ve Harrell, City Manager y ( L SUBJECT: ADOPTION OF ORDINANCE FOR TAX ABATEMENT ON INDIVIDUALLY DESIGNATED HISTORIC PROPERTIES RECOMMENDATION }'J The Planning and Zoning Commission recommended approval of the .;:dinance by a vote of 3-2 at its meeting of July 22, 1987. The ordinance was unanimously approved by the Historic Landmark 4 Commission at its meeting of July 13, 1987, SUMMARY; The ordinance would grant a tax abatement of 751 of the assessed value of individually designated historic sites/etro~tures. The , proposed exemption will be applicable for a ten t year is removed as a designated site by request or willful ddestruc- tion by the owner within 25 years of the exemption, the taxes plus 71 annual interest may be recaptured. LAIKGROUND Older historic properties are f and the abatement will generally r+Jther expensive to maintain provide additional funding for upkeep. c<6" ''S± PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: 'J• 4 , Immediately after the first day of January of each year, the Planning and Development Department must notify the Denton county .A raise District of all sites that qualify for the exemption that year. A ' person must apply to the Appraisal District to claim the exemption. w P, pISCAL I_MPACTt Ad #S The tax lose to the City based on 751 of the assessed value for this ' year would be 09,935.00. This amount represents leas than one percent of the City's total tax levy. 4Re fully sub i ted: prepared bYt v . Barre 1nager n~ Denise. Bpi ey Urban planner i fi Approved: , David Rllison RW r Acting Director for Planning J and Development ' '~'j~~ 05830 ~ 4.; R I .SS{ l 1 M stir. , i. t ,sJ i r k E y MY or DMr0N DENroNs TRUE 7e.201 MEMORANDUM j ? < 5; . Oil P F . ; DATE: October 20, 1987 r r ti Y TO: Denton city council ! t FROM: Denise Spivey, Urban Planner SUBJECT: PROPOSED TAX ABATEMENT ORDINANCE On July: 13, 1987, the Historic Landmark commission approved a tAx abatement for individually designated historic properties. The Planning and zoning commission recommended approval of the } 4 { S 1 proposed abatement at its meeting of July 22, 1987. The major Y ,,g > features of the proposed ordinance are as follows. F.J P r • The abatement would apply to individually designated .1, IF ; historic site/structures. There are currently thirty (30) of these sites/structures in the Cityl of Denton. ;7) The ordinance would exempt from teal property ad ~1, valorex taxes 75• of the asno¢aed value of the designated structure/site. The cost to the City for this year would be $9,935.00. This amount represents 1605 than one percent of the City's total tax levy, 16 3) The exemption shall apply for A maximum of ten (10) successive years. re v e) if any designated site which. received an exemption i v~ i under this ordinance is removed as a designated site by request or the willful or negligent act of the owner Ihkv, within twenty-five (25) years of the exemption, the ' taxes plus seven (7) percent interest may be recaptured. A ",t y t • k iiJJ y 5 p6 ~ ~ J~.j rY~.!ry I 1r rs 4 F .M1Ji. .t s~ , u .J , , . r Denton city council October 20, 1987 Page 2 r 5) Immediately after the first day of January of each "r year, the Planning and Development Department must notify the Denton Central Appraisal District of all sites that qualify for the exemption that year. A % property owner must apply to the Appraisal District to claim the exemption. The purpose of the ordinance is to provide additional fundiag SAi = w for upkeep of older historic properties which ace generally rather expensive to maintain. irr' ,1l r"j!' ~ ti 1 r$, S i A 1! L Denise SPI W p!V od ~A n r, r• 05940 k}' ti u , ° 2 1 'rx~"~ r rr"t {rN '~i r ]GG y y a;yTi ~St '~iG ri ~ ~}7 ~L{h 1 1, fYr X, i rr~ fir, rv M :fir YK ~ ~ ~4 V, Y'~ `~~~~l 111111 000 f. Y r •,;k; ra~, - r'~r~ye p~tly or'rtit~ ~rJ 1L~ i~~ ~~9 y 'I I i, / l R 1 ~ r4"UU~lll '1 fr''!• , .,g h " r yy ' yA °°'bx ~,XE I, f :r kr',~R,p,~'i~Htt r i•~ S ~.tK , ri.7 ~I Y" {r t Iii " rv c • x ~ 'a ~ dr S ~ .r" L , ' a r ! ' ~ r~ j, j~ ° 1~ k" A 1 ~ f;r, ~'+~M 1~ \1'P~^ r i f: f ! r~ r : \ ~ r ~.t:• 1 ~ 1 i ~,`w Y, !E 1. Erb, '!r '1 r~;.,, tr~ ° r'. _ uir r ~S n t.: er i y~ r 'r e r z l ] Sf k `i 1,. id i e ' 'r ! , d'. .,i e f ~ A AIM ~ r 1649L ,-1 a 1 NO. AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES TO E w 7w.} PROVIDE FOR A PARTIAL TAX EXEMPTION FOR DESIGNATED HISTORIC SITES { FOR A PERIOD OF TEN YEARS PROVIDING FOR THE RECAPTURE OF TAXES IN SPECIFIED CASESI AND PROVIDING FOR AN EFFECTIVE DATE. ; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r. w :f SECTION I. That Chapter 22 of the Code of Ordinances be amended by add ng a new Article IV to read as follows: "•'x;. ARTICLE IV. IV, '~'tPf TAX EXEMPTION OF DESIGNATED HISTORIC SITES IIi Sec. 22-50. Purpose This article is enacted for the purpose of encouraging the preservation of individually designated historic sites by pro- viding for a redactio,: of the City's property tax to qualifying ~ ~s s r properties. .r 3ti~^ k' Sec. 22-51. Definitions ' 'Designated historic site' shall mean any structure, and the x land necessary for access to and use of the structure, which is: (a) designated as a Recorded Texas Historical Landmark by the ' t /1Yex*Y.'Li P al Texas Historical Commissions or .a, (b) individually designated as an *historic landmark' in f , ,1 v }r x r dx~ . accordance With article 28A of Appendix e-Zoning of the ty rode of Ordinances, For purposes . this art,icle# a { designated historic site' shall not include any structure (r or land that is a historic landmark solely because of its ' inclusion in an historic district, as +«r= article 28A, provided for in Sec. 22-52, Partial Tax Exemption of Designated Historic Sites Gi (a) Any property which is a designated historic site on the ' fir; a first day of January for any year beginning with 1988 and ( extending to and including 1997, shall be exempt from real property ad valorem taxes levied by the City of Denton to the extent of seventy-five (751) percent of the assessed value of the designated historic site. The exemption i provided for herein shall apply for a maximum of ten' ,10! successive years, beginning with first year the property ~y r,xi is entitled to the exemption during the s hi pecified years WA z a %1 n h Yw~i~~yfl * l ` 1 r Y Ply. • 1, 11 x.11 • , !S. 1\ w tl„ I @ .1 •5 1 and continuing and including each and every year of the nine (9) successive years thereafter during which the. property is a designated historical site on the first day of January of those nine (9) years. ! (b) Immediately after the first day of January of each year, the Executive Director of Planning and Community Develop- ment shall notify the chief appraiser of the Denton County i Appraisal District of all designated historical sites that 1 qualify for the tax exemption for t! It year. To receive the exemption provided herein, a person claiming the exemption must apply for the exemption by filing an application form with the chief appraiser of the Denton County Appraisal District as provided for by State law. Y , , a$' Sec. 22-53. Recapture of Taxes (a) If any designated historic site is, within twenty-five (25) years from any year in which the property received a ' ":„.}f 9 tax exemption under this article: i+ Q 11 removed as a designated historic site by ordinance, upon the request of the owned or ' 2) removed !,s a designated historic site by ordinance, #4 after it has been determined to have' been totally or partially destroyed or altered by the willful or negligent act of the owner or the owner's agent, in ~ violation of article 28Ar an additional tax is imposed, or, the effective date of the ordinance providing for its removal as a designated historic site, equal to the difference between the cit "~hk? taxes imposed for each year an exemption was made under 'this article, and the taxes that would have been imposed ' °4i'~`1 -r ' had the exemption not been made, plus interest on the V" additional amount at an annual rate of seven (7%) per- 11, t4 cent, Calculated from the dates on which the additional taxes would have become due if not exempted. 'T (b) lf; in providing for the removal of a property as a desionated historic site because of its being partially or totally destroyed or altered, as provided above, the "r City Council, after receiving the determination of the Historic Landmark Commission and Planning and Zoning ~a Commission, determines, after public hearing for which ' the owner shall be given notice, that the property was j totally or partially destroyed or altered by the willful }*F4 you or negligent act of the owner o; his representative, in °9 • y'r violation of the historic preservation ordinance, the additional tax provided for this section shall be imposed, , pat „~,,a ,4 PAGE 2 }."$1 i i (c) A tax lien attaches to the property on the date it is re- moved as a designated historic site, to secure J the additional tax and interest imposed by thisasement of ction. F The lien exists In favor of the City of Denton for which the additional tax is imposed. (d) The City tax collector shall notify the chief a y the additional tax imposed and shall appraiser of ver A: a statement to the owner for the addition 1 ataxes pl us interest as soon as practicable after removal of the property as a designated historic site. The taxes and i , Interest are Prue and become delinquent and incur penalties and interest as provided by law for ad valorem taxes 1 imposed by the city if not }~4 r + February of the paid before the first day of additional tax is yearmposfedollowing the year in which the SECTION II. That if any section, subsection, paragraph, [ sentenced clause, phrase or word in this ordinance or application I thereof to any person or circumstance is held invalid by any EE court of competent jurisdiction, such holding shall not affect the validity of the remaining t city Council of the city of portions on Tof ordip and exas is hereby ndeclar suit ; would hive enacted such remaining Portlor,s despite 'any, such Y, SECTION III. That this ordinance shall become effective imme it~ely"upon its passage and approval PASSED AND APPROVED this the Y of 1987.. k JJ. [ hw.4sra 'e3.~f I RAY STEPHE S, MAYOR sn k5a°, ATTEST: 's yM,yr JENNIFER WALTERS, CITY SECRETARY I APPR,- =D AS TO LEGAL FORM: { r DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY yM rJ~ r , ~~I K BY: 96"^ r PAGE 3 -r ; I", o 1 i"Y• r•~:iq Ia w t PROPERTIES WITH HISTORIC LANDMARK ZONING DESIGNATION - H- 1 123 North Elm (Boyd) H- 4 607 Pearl (Biggs) S 609 West Oak ,y,"'•2.°:' (Lavender) ` H- 6 722 West Oak (Montgomery $ Favors) H- 7 70S West Oak (;:math Stuckenbruck) H- 8 811 West Oak (Vann) X' F+ H- 9 723 West Oak (Lomax b Carpenter) H-10 812 West Oak (Barker) 1003 West Oak (Sininger) H-12 1023 West Oak (Cummings) H-13 1015 West Oak (Sale) H-14 610 West Oak (Swanson) t M' H-1 S 1619 Bell ~(Crary) H-16 818 West Oak (Barksdale) i ! k H-17 819 West Oak (kith) F's ? H.Yg 101-103 North Elm (Davidge) H-19 119 West Hickor e~„t r t ~ Y (Ellington!s) ,E p k+ia H-21 210 North Locust - Old Post Office (HLC) F -22 Oakwood Cemetery (HLC) H-23 1314 North Locust (Fickey) R H424 Courthouse on the Square (HLG) H-2S 221 North Elm " (Old City Hall) (HLC) H-26 1SSSLindsey (Richardson) ~r- H-27 703 Bolivar ; H-28 619 Grove (Woolsey) ~a! "H-29 SE cor bell $ Hickory (Old Warehouse) (GDAC) id y~~1"r a H-30 SW cor Bell b Hickory (Old Dlesel P.P.) (GDAC) r Y H-33 East Oak (Bly) H-35 80S Bolivar (Bradley) i H-36 928 West Hickory (Kimmey) C 5/11/87 h,t ab 1 'M J,V I 1• r + i r Y Yl µ N ~ Y ar n TAX ABATKMBMT CHART SAM ANTONIO i AUSTIN { rwo I WICHITA PALLS ; ABIL%M: i DALLAS a I I I I I I I I Non-prorit propettiesl Nxcluelre residentiall landmark would be I 1 Value of t.prores»ot.l 1 ate 100% aseassod I - 100%. Other than 1 tared on an assessed I 1 exceed 50% of pro 1 i I value. 5" of awns-I residential - SO%. I value equal to ae*ss-1 I rehabilitation value. I sod value of portion I Residential under I sed value on tax !earl I 1 P1RC%rtAg1 OF 1 of land seeded for I Plano Proservation I immediately before I 1 { } rtt~jrt. 1 aecovs to and use of I Plan - TS%. Other I rehebllitstioo and I I I { I htetorto structure. I than residential i eight etvs after I I 1 ' f I I preservation plan - I completion. I l 30% j I I n• I 1 f 1 I ( a I I E I 310 "$essed value torl 50% of usessad I 1 1 120!'.00 tax reduetianl i per{pd cf, rite 1 value. 25% for par- 1 1 I or 20% of tax bill 1 I jNri'atler 1 tion needed for I I I vbieAevee produces I vlriflestlin. i access. largest reduetion. i 1 l 1 I i I. y t~ 1 ~ l 1 1 1 2ti I I I I ~ Mroum at refs. ( 1 190% esetipt{on, 50% 1 11200.00 tax reductions i ^ I u14" before. I I of essesead value of I I of 2O% of tax bill I i eeilbtlon At nno I added lmprotwnts. I 1 wl+lchever produces 1 tot 'a pride I`•, i i 1 largest reAUatios. 1 sal ; et`i0 p MtitislAG f I ~ f ~ . i I i~ 1 rR1~it 1~ 'S to .f., r-r ~ _ tie . r ~ ' spa 'r F I i' o t y, i't F!,'~,~ f ~ d K 5 f e . j it ~ " f' y rR P,l ftrf fr { k . of 1 41 + i rl I ' a~ ,{fix K 1 u1 n . . < r1 ~ -t .r ...,r-- w n.,, sir. r h.. .>...,..a r ...r.... w .r-. : . ..YrY.rMiti-.war ..nNV+IM°,MV..•°^I r. \.^Y r~ ~ ( N ' " 0"to"'at Chart ` ~r I i k pye 50 ANTONIO I AUSTIN PLANO - kICNITA FALLS i ABIL6N! 1 DALLAS 77 1 I I 1 4 . r 1 { * { ttytns first fay of I !Suet be applied for I PraSact mot betln I I Teeexl at current I { each urea meat year.1 within all months I I vdw except for first yaae after verification. I pile application by I from postage or tar 1 I eight years. 000 k I! January 1 of each l treat* ordinance. I I tt" only exemption. {'LBNOTX pj 1 year. I Tar breve rill bedias I first day of first I I l tax ynar after I I f I I verification of 1 I I 1 rehiotlitallon. { 1 Tax preeral a Historic project I Landmark must be to I Cotreeeld tot is n-I s It sSruct'Ares ate I s Historic ta .r oforAtind after tiYF, I ! at then rnldan-j - Wly CounoIt owl I to reduction - I Me" of "ll^ iltta-, her l Years at (siekaf value I tial, but deicrIVAJ approve tat frease I 50% tax eeduotJ60 -1 tion. . , $ and MIa/N A Sbd ! u heetnt WWI- l on land and IIruo- I projects $750.00 or wit Mpyr it { to f>l~ aoMeeuttra I 1 cal sttnitiwme !MI tuts toe ellNlble I more, destroyed other ft+m-j"t Period. I plena plan snot teal landearta. I Multiply .SO tleMS I than by A01 of Cep. i. ; tioater of owiso - still reostve s C48I of project tax bill to let I at4 iy4lon becdsrs' seller- must exceed W or /early reduetion w' ly to I I assessed value or I and detorm!ae wra- ti 1 1100,000.00 wAlcM I bar of years for fl % ever to lots. reduction. { ~3 J 1 1 c r, I r f,M1 1~ r I I I { I ti r ~,r r.; % !r j4 ]3rd I ~ 4 N 1 `SpT. i+ l: t . + I ) h ......r.rMq.~pyWgy YMrMw'Y•~-~,.._. - 1 r •4,1 d ~R"I a F1 . I r Y f' vii Ly y ~'1wN 1~ rp 4 b~~ r A~ 3 V i~ F~ r , 1 r~~ ~ 1 t ro ¢~y ~f"ye}s Ir/ ~ ~ ~ .'1 l 4 f p ~ ra'~ ,~e~ t+I , yr,+r , y t , r ~1 1 + '1' . n I ~ 1 a s K rl a r s ``y 1,: o ~fF ry 1 " ` "4k ,a i~~ir~..{' l bi. ~4~~. . Loa '4~ ~ . 1 r ~ •~~Wi!? rx~ , , a tl F ~ + r, ~S n.. ~`~rl r a . 1~--~ tit ' ~i Z Minutes duty 21, 1987 Page 2 Ms, taker votced her concerns over traffic and parking in the dowatowtt,area, Ms, taller said that this is a problem to be disoassed by the project manager. She said that it would be nice to have the downtown area a pedestrian area only but - studies have shown that downtown areas die it' this is done, Mr. Glasscock stated that he talked to a woman from Weatherford " and she stated that once the Main Street Probes gets started ` everyone gets involved. t;l Ms. Waller stated that the City of Denton has to be a self- initiated project because the City is over $0,UQU population. She said cast the only difference between self-initiated and official is that the forest has to pay for the training and i architect. The State in tee official program sends a resource team to do a study of the City, 1 Mr. Clalborne asked about the paybacks of this program. ,47 Ms. halter stated that there are So ottlcial cities. She } Sala that so for 1128 million nave been reinvested downtown and 861 new busitesses have been placed in the downtown in Texas atone. She said that Taylor is a self-initiates city. She said that they have had their project for three years and r in three years they have had 28 buildings r*G*Vlted, IV new ' businesses, and to avestmeat is arproxfrately 11.7 million. She said tilt she believed this pra)ect is economically and i 1 - Adalt Carstarphea stated that this is a broad based community k project and success is contingent upon the amount of support. to said this is a good project and a is interested from the ; . % standpoint that the project deals with architecture. ` Mr. Clsiborne stated that from a land use perspective the Sy~^ revitalization of downtown is very important to the city at 1>F ;;,/r Uenton. He said that this program has detlnite benefits and he feels this is the time even though eccaosiciliy bleak to cdove on the project so that people will want to move into the downtown area, mt. brock stated that downtown revitalization is a ma}or c^, priority 4t the proposed Ueveloprent uuide and the Main Street r K7y, Progras fits very well Into the overall goals outlined oy the a a Land Use Planning Loemittee for the City. Mr. Glasscock moved to recommend ypproval of the proposed " Self-lnltiated main Street Program. Seconded by Ms. Brock and motion unanimously carried tS-u). fit. AU4PTN\ art An ukDINANCB AMlaD1hG LtseYi6R 2Z uP TMh cuLk UP S 10 Provide Or a part a to eTllr pt dR Or designs- to n storlc sties tar a period of ten yaa,si providing tot the recapture of taxes In specified cisesi and providing for 11 an eftective date. STAFF Kii,09I; Ns, Spivey stated that this ordinance would y permit the exemption of taxes of historically designated prop ; r erties only. She said at this time tnere are 11 properties that are designated historic. She said that this ordinance 1 4o would provide for a 7S percent tax abatement for a period of tr ten years. These taxes plus 7 percent interest can be reeap• tared It the structure la destroyed by a willful or negligent act of the owner or if historic landmark status is removed at any time within 25 year$ of granting of the execption. She said that the total amount under current taxing lntersatfon 4' 1 would be $9,935 tar the current tax year sod total tax lost woula be list than 1 percent, She added that the Mistertc Landmark ComsLssloo ties tecoamended approval of this tax statement ordinance, ~l Y1 4Y r r, A,\ 44 j I Minutes j euly 22, 1911 Yale 3 Me. Iroet asked it similar ordinances in other titles have stimulated intfrast in preservation, Ks. Spivey stated that . it allows some extra money for maintenance and does encourage preservation of existing landmarks and lives an incentive for those who have historic homes to obtain historic deaignatiolt, Ms. Brock asked it a property that received historic dolilaa• 3 tion after the ordinance was In effect would rewire a full ten year Abatement. Ms. Spivey stated that the Historic Landmark Commission felt teat everyone should receive a tea Y, t, s' a year abatement no matter w1,fa they received historic deslgna• i Mr. Morris advised that the landowner would receive a ten r year abatement from the time the historic designation went o Into effect. Ms, Cole said she felt that the historic district ordnance n ' provided for the maintenance of the property Ms. SSirey stated that the tax abatement ordinance would provide extra money to keep maintenance ongoing or to do somathlhg extra that normally would not be done. s, Ms. Mar asked what would prevent a person from buying an L, older home just to keep trod p WAS taxea. Ms. Spivey stated f -r that the objective of the ordinance is to encourage preserve. tion of historic roperties but the cost of maintenance would c make that possibility unlikely. R , bk++ Mike Cochran, Chairman of the Historic Landmark Commission, r t'7 p~M ' } s stated that when the Lomaission originally voted on the ordl• ''^v } nance it provided for a 10 year abatement for everyone. He added that this is a symbolic gesture to promote upkeep of historic property. He said that the percentage is very smati 9,Lr'4 that someone would purchase an old home Just to escape taxes. ,v he said that old hones ate costly to maintain but he feels tnat Sys"' they are ottering something for the public good, he said As a homeowner and on behalf of the Commission he urgea approval, aya F Mr. Claiborne asked out of the 12 structures how many are new r s i homeowners. Mr. Cochran said that he was not sure but tnat ;w at least 1S percent of the homes have been owned by the same people for over five years. Mr. Claiborne asked If the homes are assessed at current market value. Mr. Cochran said yes. NO, Stock stated that there is a great deal of sacrifice on the part of the homeowners to preserve then old phonies, she that its stnoteeconomicaliytfeasible to liverlatehi oldbames. She said that these old homes are not just the proparty of the owners but a s:ueee of value to everyone because they ate a tifv+.• visible reminder of out history. She sdaed that she felt this ordinante very appropriate, e ° ti i1! Mr, Glasscock agreed with he. Brock, z 'c r. Ms. brock moved to recoesend a rovsl of the tax Abatement ordinance. seconded by me, Cola. Ms. kiker stated that she Is very much in favor of preserving a part of the town's history. f Sr. Claiborne stated that he tiv ors historic preservation, the historic district, And historic designations around the e city but n&$ a problem with the 11 percent Abateaent, He said that the City is investing money In hickory and uak Streets } and the Beautitlcstibn Task Force recommendation is to extend tA4 nS 11z underground utilities in the vsk•hitkery District And pernaps :u a Su percent Abaterent would be more athlicable because of City dollars that will be invested In is area, q'1 4 ~ ) ~ .,.,..,,..'•+ri:sal,li°«tdr~t~f:,k{7(i+71.K>rk~MYlrwlFi'Ca✓1Nil./yrw~+++n^"' a,• pry,, l v F i i 1 IMlnuteI ..oly 21, 1987 Pate 1 Ns. Bradt stated that underground utilities would enhance the value of- the hoses but repaving would mean traffic and this < reflects more of a traffic improvement than an investment in the area. j Vote was called ar.d motion carried (3.2). hr. Claiborne and a'r Ns. glker toted no. III IV. SET A DATE TIME AND PLACa FOR A STUDY SESSION to consider creaLTLI i moaerats n ,at o ors o ou ever and Lakeview 4rp y fii Boulevard R STAFF REPURI: Ns. Carson stated that In conJt+nctlon with the y s es sting policy of hating study sessions when a peti• tioner has provided informition that would create a moderate n F node or would change Intensity, the staff added this Ices to the agenda. She said that at the current time the petitioner re+ I in the Southrlew Project is proposing the creation of a Mader- i ate node at Lakeview Boulevard and Colorado Boulevard and has provided some additional information that was riot available during the last consideration of this item. She said that It rp is up co the Commission co declce on a study session since It has only been a few months since a recommendation was made to not have a moderate node at this site. She said that state is ' { nearing completion of the review of Lakeview and Southvlew." All Commission members ppresent agreed on a study session after the regular meeting on .august Litt. V. LLhCTIUN OF CNAIkPkkb0% I,hb V1Ck•CNAIRYkkSON of Planning and ode ss on r~,~,V =0F K, Ns. Cole moved to postpone the election until all members of F the Commission are ptesent. Seconded by Ns. Brock and motion 1' +~a Ac, a unanimously carried (S•U). ~i VI. STUDY 515510; TO UPDATE POLtCIkS ANU PkULEDURES of Planning to Lon ng Lamm as On , 1. Commissioners revle4od tho current policies of the planning and oning Commission. 4r. Norris stated that Items 1•I11i nave been adopteJ as ordinances of the City of Denton and should be deleted from policies. Commissioners alreed. All Commits. stoners ppresent suggested that A special study session be held * on Cott ct of interest. Commissioners reviewed the current procedures for public` u, hearings. 4 Ill r t - ~„t Mr. Glasscock moved that item be than Ad to read "The Chair opens the public hearing. The Urban fanner reads the poll- 4 ,tton and glues the staff report", Seconded by Ms. Iola and unanimously carried IS-0). It WAS moved by 4s. Cole, seconded by Mr. GlaesEO.A, and r k unanimously carried (S•U) that the procedures for public hearings for zoning cases and varlences and replato be w, S Incorporated Into one transparency, as follows: 3 A. the Chair opens the public hearing. The Urban Planner j reads the petition and gives the staff report. • 1',.iM 1 B. An opportunlty is gIvan for questions of clarltic at Ion s r 9 frail the audience. + x, C. Petitioner presents hissrtouest, the petitioner is grnd en (I) speak, Otis, D, other pparsons n favor of the request are earn granted; five l31 alnutto to speak. iR { 6%v 1~ L . 4 ~ S • ~ 1 y '~'t~ ' tit ' Y'~ r, r • ~+[,w..v.rro.».^ +w..a rr,.+. , . _ _ _ 'Y~r Jb~4,. fir, ` 14 Y~y11 ,r~r ' Wac Minutes u.,iy 15, 1917 Yage S Mr. Morris said no. &ne amount of the penalty is 1t00.0C per day, Mr. Hayes sold that the a cui,t should be note severe for properties with a historic designation. Mr. Morris said the ordinance could be amended to allow for penalties of up to $1,004) a day. `a Mr. Lowr11~~ said that the original ordinance cannot be amended because It is on file with the Secretary of the Interior. I + Penalties for violations In the Historic District can !e q~~tro,.1 changed, however. V. Progress Report on Guidelines for Oak-Hickory Historic District Mr. Hayes reported that the sub•coaittee decleed that the ~v guidelines ther have developed should apply to all historic h «r`, properties. Tile subcommittee devQotped two draft ordinances. ' One is for the 0&k-Hickory Historic District and the other is for properties with historic designation in general. w. Mr. Hayes presented the Commission with copies of the draft ordinances and discussed them with the Commission. ys Mr. Cochran stated that he is preparing the section on " landscaping and will present it to the Commission soon. Ms. Shelton acted it any of the new yulde-lines will cause tl hP ~.s problems for the people in the Oak•Hlckory Lietrict. t~.4 r`rv' Mr. Lowry stated that existing conditions will be grand- fathered in. The utdelinea will apply to changes or y i additions to the Aserict. ~ Mr. Hayes stated that terms used in the draft ordinance are defined in other City ordinances such as the Denton toning ordinance and therefore were not defined in the draft ordinance. i y x'` Mr. Lowry moved that the Commission have a study session to 4 discuss the draft ordinances on July 17, 190. Seconded by Mr. Fickey and unanimously carried (6-0). Vt. Election of chairperson and vice-chairperson of Historic j Landmark Commission „ c a Mr. Cochran advised that he has been Chairperson of the tommissSon for the last two years. he opened the kloor for nominations. Mr. Ficke nominated Mike Cochran as Chairyerson. Seconded 4 by Ms. Shelton and unanimously carried (S•0). Mr, !ickey nominated Too Miller at Yice•Chairperion. Seconded by Mr, barker and unanimously carried (6.0). %11. uld business +F A. r.~Lowry moved to remove the projosed abatement ordinance ? c r fron the table. Seconded by Mr. ickey gad unanimously serried (1.0). r+'~4 lt4 Mt. Hayes sold that the ordinance should became effective in 1961 instead of L911, The ordinance also need) to have a clause added which would give any prope rtY deslIn$ted after January 1911 a ten year abatement bagtnnins the January after its designation. •~;,'r,"~ Mr. Cochran asked Mr. Morris to refresh his eemory as to why appraisal values cannot be trosen. s - r l IF: N^ . rY 4' ran , { , Y i L F e`~i 4ta r . 1 9 i Minutes +..y 13, 1987 Page o Mr. Morris stated that the City tax code allows for exemptions to be made on appraised value but the Apyralsal Y,~ P -yr District sets the value and the City cannot change it. Ms. 5 ivey stated that based on the latest (iiures from M the Finance Department, the tax abatement will cost the ~t+ City $9 , 938 under current tax roll. On question, she 0) stated that considering the City's current financial ~y situation approving t e abatement may be a problem. •r ~5,, ti` the Council must vote on the budget by October 1, 1987• y,lk'"> . " '~S Mr. Hayes stated that the abatement ordinance is the single most important thing that will encourage people `''~'a^: to renovate historic structures. Ms. Shelton asked if the City's fiscal year and the tax year are the some. ' yv f` Mr. Aorris replied that the City's fiscal year ends on a t Septenber 10. the tax year begins on January 1. j ; Mr, Lowry moved to recommend adoption of the tax abatement r; ordinance with an amendment provNing for a ten year abate- went for ail properties designated as historic after the ordinance is put into effect, each newly eligible property s,- to receive the abatement beginning January I of the tax wT` w;l year following its designation. r, 5 Mr. Morris commented that trying to keep up with when each property began its ten year abatement period could become a recordkeeping problem, He explained that the proposed MR . ` r ordinance, as currently written, provides that any prop- arty which qualifies on January 1, 1988 gets abatement for y ten years; however, A newly eligible property in January ,i 1991, for example, would receive only a six year abatement. . F t He added that the City Council has the option of extending the ordinance every ten Years, or it can amend or rescind Lax the ordinance at any tine. lr F 4 ~ 'J. Mr. Hales stated that the Commission feels the entire ten year abatement should apply to all properties. he asked ; i` how to get the ordinance on the City Council agenda. I Ms. Spivey advised that after the legeal de artment amends the ordinance in accordance with Lendasrk Commission's recommendation, it will be scheduled for Planning and Zonin Commission recommendation, then presented to the » i City Countii for adoption. t~ Motion was seconded by Mr. Fickey and unanimously carried Mr. Hayes moved that the proposed tax abatement ordinance, as asehded, be scheduled for the next Flanning and Zoning Commission amends. Seconded by Ms. Shelton and unanimously } r f I- c,•rriea 10.0). b. Ms. Shelton asked if House gill 107 has passed. Mr. Lowry stated that it via amended and approved. he said that he is trying to get a copy of the a proved bill to see what changes vote made. Thera is dnothor bill in the house that pro set to do evil with certain s enctes " such to the Texia Ristoricil Coos isalon it revenue does not reach a certain go11. He urged the Commission to 4 protest that bill by contacting their State Reprosenta• I ,r tlree and Senators,; s, Motion to adjourn was side by Mr. Fickey, seconded by Mr. Hayet, and , unanimously carried (6.0) at 611 S p.m, t'i. 4+ A , e , i o r 4 •~;.i..,.:.:.e,4Ma v~,~K'.'rwi~pR'dr'r:;.Hc»nn.w.r•u,•.+~....,.,-° ~ r r i , s rF, r~ l ~ rt ~ I r 1 I 1 l 1 ; l tr t{ y! f p y CITY of DEMN, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS ?e201 /TELEPHONE (817) 60"307 ONIC1 of the City Menitof ~ i{ l MEN0RANDUM wy . ~ a I" av 1 Al 'TAy~f f r i' ° TO: Lloyd Y. Harrell, City Manager <r FROM; Rick Svehle, Deputy City Manager ` ^t YI J' V l, DATE: October 13, 1987 N E~;•`J~ SUBJECT: Ambulance Fees 4 t 'del r•'- r'i,l r . 1. III n s, Attached is the ordinance that would initiate new ambulance Mlla", fee56 You, may recall the Council authorized this during the x'lt? s budge't'hearin'gs.. The base fee would increase from $70 to $IOU, Ir and Ufe._ would also. begin to charge fees, for supplie's and h Y ~ r ^1 ~f 1 T equfpment'rhat ate used on emergency runs. ~rt,T' 1 4' We' have surveyed a number of cities in the area. This is a trend that they are folioxing. A number have raised their base "fags, and several otht rs have existing usage fees or are about E + '#a`` s`~': to implement ;than. If you or the Council have further #e's,tlonsi we would be happy to `try and answer them at the meeting. P r t { I CK~L 'T l r° ~ r Jy r ~ o <d ve s n}I, kJy,""r'' Deputy City Manager t ;k c t dm%3667M ` z . ~ II r, 7 Y u, ~ r r ~ n ^rs7F ~'A I* d 't,~k• 1 ' 1t pr o p~~y lir ,~b ~ t tier 1 r ~ Jr ~y~kl ~ y 1 Y d i Iqr < r Yt' I, .n 1 41" n/~ I ( I j r, ~Kyf~al~y ~ t'~1 11'~+r^.. T. w.e. gyMWlAi4t'iNgt~IW1~W..viillMMWf!•'W.NMPi:.Mi+K(.++~A!.r.wrr ,w.w.~....~..» I , M1f a.N+rr~w~o.n.A. r Y + II + f! Y I. j' ! yw,~I 1 ! r r kj ~ a: IS L IT lt, 41 t , ,l J ~ ~ a'p ~ r ar n Y r k~ J I~, I r e 'b ~ ra ~ i ~-T t 1 Y 1 r Ih+ 4 `1.. IftS r"~~Js iii " J r w < y rr Peal r! i ~~II { { V 7 I h~ c i. C ~ 1 r 1 ~ ~ ~ I f r r' ~ ! r ~ r ~ w I.f?yf', w A~^ ' n<~ ! i ./a .rJ7 J. 5 71 "J r{J ll rl! x,I .Yh41 lI, i`y ~r 'r`hi I'1 a. y t r ! r 1.. F w r ~t ~ „ r f q 3 i ~fb~~Tlr ! '.Y q Ji ~v i ! L n ° r / k r I +f `t 4~h iT Y+} ~ + N Jr , ar rlS ~.4 ,a ,Y. ~ A A,, r q. r`t~d Il ~ ! J r ~Y r r- 114 ~o Y•''T , a;~ 4 Y r , .C 4 ! P i..r ' I a Y If ask u nA ~ u. _F -r.7- , a a. 1 , r,I ~ t Ir Ir i ; FI r.1 i'a ` 4 .yn~ 1 x~ ~t~ Y ' f• tly r T'. } J Rr ~ z +'o `t c S=ESM ANKL?,IQCE FEE STRUC4VRE Y, .11 ~[yttt x {ti a I Base race for transport ..............................;100.00 5 t !f , Ac ,<kw K. r r * u 1$.00 p,klrtirrs~` (additional bags $10.00) 11~ F 25.00 { z e l: r. Al dot trou$Qt8... 1 i ~ 1 r r .F "'kc 25.00 I1~>i••t1~"51 r f ' ; 2$.00 y.~yr~1Y v0 a r 7! y 'y~y 2 00 1a ;AV.r~l.4 ~ry~tf 1 ? r Nitrdua yJCide11..1 x:11.1 .............:...1...1..:11. . r Drugs.:....,..... . 25.00 25.06 1 5` r~ S F IE r A','rl f1 " a~, 1 : Drwi~i14 Tray61....1.0..:............. 4 15. V/ •t, Y. I r , r I ar i•J~ ll ry I I. , r i t ~ q''-,~.. + rr [r ~r~~yA,Aytr f . r fir" ~ A%~ r K, rl t"1 ti 1 i_ III ~rt~rft I , r I 1 i1 ,Tkd1~ t J r ~~li i}~1r I y ~1~L.~~e~l~F' 1.` x 5Al t~ .~7/` Y x ) ~ x t 7+ ` 1~ u4i t rl~ 1 41 y j \Plt`f~ I~r~ ?1;~eui ,tl R 1 tr ~ It, r•' r'. t kV'~ k"r µM " FF,. 'F 1 P ~ i xr ~ ~ i rl I J, sti f~t~rI t "1 Ir}x.y; , r I + ; I, R v` a I : r G fY 21 r~"K ~ Y I rr1r > 1 ~ 1 r 1 ,~r ~ F y i~', r 'r .r I ,a r r ~ L~,f aa 4 } t+y ' " t a I ("1`Y i•1^~ ICJ ~Y ~1~ a~.~ R - Y I i J ..k tl . 1 S rf III rM 1 xF Irf. Jy" P 4 a f Y "la ar f y l' i r ) i - A Ia l' 0' thj , ~ ,1 y i I,', ~ R 1✓ + p": I r t 1~ ~ I ~ r 1 ~y ~y rLL I r k _ ` .f 11~ A Fx , r j ( e, '..3 f r' 203SL v j I , ~,'t NO. i { AN ORDINANCE ESTABLISHING FEES FOR AMBULANCE SERVICE ANU RELATED I R 1 ' SERVICES; AND DECLARING AN EFFECTIVE DATE. Jan IJ1114 I i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Iw ; SECTION 1. That the following fees are hereby established q for am u ante services rendered by the City of Denton: , Bise rate for transport $100.00 0 15.00 IV's 15.00 i ►i `~'k s (additional bags $10.00) wJ ilfi~~a yl, Mast trousers 2S.00 Monitor/Defibrillator Nitrous Oxide 25.00 5.00 1 w;' Drugs 225.00 Thumper 15.00 Dressing tray 15.00 s p ,opt r 1 1! /11 1 4M ` k SECTION II. That this ordinance shall become effective ^"1°+wll" imme a e y upon Its passage and approval. S R~+yl J~ ~p. yl 1 +t1~; , x 14 PASSED AND APPROVED this the day of 1987. 1 I t ~ ~ F 1,1 % T 1111 lx I 1 , RAY STEPHENSs MAYOR 1! 4' i5YN.ATTEST: 3~A r f I 1 w J r4,r r , f,~d, y III( - 1 a c4,; 1 ~t yi114V { 1 ~p APPROVED AS TO LEGAL FORM: DED ADAMI DRAYOVITCH, CITY ATTORNEY 'A jJ ~Ity(~` tyv r AA# k~„ 1,1 F ~ws BYs « .T. 1 v ~~ln ,c~. , 1 wi,5 ~~S r~ f:1 i I 'w °r 1J, YJ I : .u n ~ 1 I ~t fsaylt S;i ° r:.r 1 5 Mll{1 f 1 r Y P 1, ly ~ ` ~ ~ 1:1 Ji 1 I I >r '7 1 J r ~ J•t ' ~ Ali f 1 IYr I • 5 ' f. I ,y ~ l y r \ ll 1'{(•1 ' ti Jri t r • A! I 1 y y r f 4J1 1`l fl i' J 'i fi r x I I 1 1 'II October 20, 1987 CITY COUNCIL AGENDA ITEM F tS. TO: MAYOR AND MEMBERS OF THE CITY CO ' UNCIL FROMe Lloyd Harrell, City Manager SUBJECT: CONSIDER ORDINANCE & CONTRACT WITH BLACK & "d VEATCH, CONSULTING ENGINEERS FOR FEASIBILITY STUDY OF SOLID WASTE INCINERATION & STEAM GENERATION ~1 4 FACILITY. RECOIr1MENDA TIONs ti , 4 'r The Staff recommends approve!. The results of this study will help us 1 t' determine whether to move forward with a waste-to-energy new landfill is needed. A quick turnaround Is Importnt dleetoosome fir. N strategy decisions that must be made relative to these services. ~r A y , SUMMARY/BACKGROUND, t~ The City of Denton's landfill presently receives about 300 tons of solid J waste per day. It Is projected that the landfill will be filled to its f ; ~s y maximum capacity by 1/1/94 under the resent mode of ' s landfill Is adjacent to the Wastewater Treatment Plant %hlchtproduces about 6 tons of organic sludge which must be disposed of. These sites are Iocat about 2000' from the exists } +yF` utilizes natural gas for steam existing Spencer generating station which availability of natural gas Ic uncertain since it is a finite future resource.ice and a4 r 74rs The proposed study will determine the technical o to and economical feasibility of converting this waste to enerergy gy to delay requirements for an additional landfill alts diepos es for the ' W rr. wastewater eludge and utilization of the existing electric faclutida. genersNon ",1 f I.t h it't ,v 4 PROURAMS, DEPARTMENTS OR GROUPS AFFECTED: F City of Denton, Denton Municipal Utilities, Black do Veatch, and the ltlz c are ~°a '42 ^ p of Denton. d,S r r t;q; ue' , er a r t V n 14 iy s' " 1 ` } 'Y FISCAL IMPACTe The feasibility study will be funded from account 0610.060-0250-8502, a "Special Setvlcesf', Dependent upon the study findings, major r+ expenditures may be required either for the steam generation facility or a r' new landfill site. i' Irk, R P e :ctfully submitted, ' ZZ ~ e4a 6 Loyd Nerrdell, ty Hager P PARED BYt 41 M k ,9 t f y ' E. Tulloa, Director of Electric Utlittles City of Denton, Texas r , IF, A OVED BYs r , ~c, 1'~ x .w V ,~r ~x q5 'ryrd ~ + C' E: u oa, D rector of Electric Utilities ah t'ati`' zA} City of Denton, Texas „ fs ~d!t fua Attachmentsr Proposed Ordinance/Contract y , s y~ $ yi BA ~ y ~ S t,y~'Y)' y✓ ' dx~} x ,6'~'~ q'~+ k. I , ~~j { i rr ; 5089USIO.11 r a 9{b~ x• a 7 I r'i 1 r 41, ' ~.I~ti Myw"v. «r '-.«.ww..,±'w... »wr.~R%u6Y :.www .Wwr - • .1~:. L t r. x ' ,[`t'' wt 'fir' FF I I, i I F a' r a r i ~ y r~ . J it „fit w' f { a a+ ,~i % % k 2044L _ l . NO. / two ~ a - t d, L4 AN ORDINANCE AUTHORIZING AN AGREEMENT B5TWEEN THE CITY OF DENTON AND BLACK 6 VEATCH CONSULTING ENGINEERS; AND P90VIDING AN EFFECT'iVE DATE. 'i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: x 7. 1 SECTION I. That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and Black d Veatch, Consulting Engineers for a feasibility study of a solid ` waste incineration and steam generation facility, under the rovisions of the contract which is attached hereto and p incorporated by reference herein. k "u SECTION 11. That the City Council authorizes the expenditure € of fun s not to exceed Nineteen Thousand Dollars ($19,000.00). I YE ~'r SECTION. 111. That this ordinance shall become effective E k # it immediately upon its passage and approval, iR PASSED AND APPROVED this the day of October, 1987. RAY Axrr ~+i y l4 ~ r,t' fb tft t e t SY Ss C, if e ATTEST f~EiN, JENNIFER V. '4 L,f K f k 1 CITY SECRETARY fl ' v 4 j:f APPROVED AS TO LEGAL FORT: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1~ r J; L% ~I 1 S 4.. ! r t i f.;r , „ y a r 4. i ♦ ~~aYt }M.Ir/'iW`."fY^ I ,t _ ..'eoAMipJ,tMl(wk'~;.'~IR'Iq.r1WYNln+ ~ ~i I F ` I 1 .t R ~Y~ r i r 1, ysa` t y~ 10i3bi87 1122 B&V PUR DIV 913-339-7218 002 I d I .dFr t f r ] r { ~ ~sf`t ~ t11 ~ + d r i~q ~ x 1 r r11 1„ } .S 1p ~pp q '!s a+ *r' MCNICRAL ftUVICU AOJMZMF.YV1' 8 a +'$i Jp Ff1~,J" r ~1 ?q Nr tl" ~ }y r k + CITY OF n CNTON, TEXAS irrx ~t '6 J c BIN.CK ! VEA , r 7CH 4 , EN6INCER&ARF!!li['n0" ~ y~ tiq~a ~ l urNe 4 rf~wi I f le, r i 7 h ~ ,h9 1~ f~ a'j~dyt s f ~ r~hi a , 1~kl ~ ~r rn fl C 4 i F 1 t 1'8 " rte rt~,3g { t iz y 5 r 7 h. Jz 1 1 t t t" 9 ~Aylqq r r T S~ +r.+runr. '1'Y'yMMll(~~>t~'~>/SIiIYAMiI ~+ers+.+. •r.+ I ~ ~ ~ ~f lr 1 Y +Nv 1 Y 1:~~'>♦1~ ~1 S ~ ~ r ~o t { ~n ~ . " 1'q irr 1.~rt 1 7~~' r d. (taJ f+~S~ef a z ^ r?' ~ 4 ~ F r I ~ ~ , 1~ ` i F rr 2 1 •d a ,a;i ~J~ uvf : ` 41 3{ C 1 61 b { r1'~ r F r , J 'rF ~ " ~ ~'Ar~~L,;. 11 V~ .re vs S 1 1 r .yF a 3)f r {r,4 1~' , r ~ a j. ,F w, r' s p tr I a ,Ly ~ ~Yi~ t `e ''k ' i I ~ .7'. iM. l 1~. ~ ~y ~ r1 t~ ~f r fed f t rt" f t ~ r5 I'},~ '4n7 ,+rd`l t6ld~~s ~i l F I' f it 1. ~sr 2 f it 1 N C„ { z a d r i'W a• ~tir tf . t r,. F I r L r r 6 1 a G, ~ M" t ~ G I S# o y i L d e~ l K x , V 9: `ifr fiat ,±e~ ! ' n a F ~ ~r 1 10/16/87 11:23 B&U AIJR DIV 913-339-7218 003 tr F' I, Y} CONTENTS 1 r ARTICLE 1.0 - SERVICES TO BE PERFORMED BY ENOINEgR j ARTICLE 2A - TERM OF AGREEMENT r , YYY ARTICLE, 9.0 - COMPENSATION ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF 'ENOINEElI i[~w a ARTICLE 8.0 OPINIONS OF COST AND SCHEDULE ARTICLE 0,0 LIABILITY AND INDEMNIFICATION y A74TICLE 7,0 INDEPENDENT ^ONTRACroR , ARTICLE 0A - COMPLIANCE WITH LAWS 5 r' ~ARTICLE 4,0 INSURANCE r rl. 1t Avftli SOA -OWNER'S RESPONSIBILITIES t 1f ARTICLE 11.0 - OWNERSHIP OF DOCUMSNT9 ARTICLE" 12,0 - TERMINATION OF AGREEMENT 1>r' #{r'F r* ` ARTICLE 13.0 - NONDISCLOSURE OF PROPRIETARY INFORMATION AttTtClAt 11.0 NOTIC& ARTTICL7r 13.0 UNCONTROLLABLE, FORCES ..ARTWIX 10.0 OOVERNINO'.Aw A1M'tCLl IVA MISCULLA Fir s, NEO[III I ;"h A111'.I& 10A INTEGRATION AND MODIFICATION ' AIITICLg 10.0 r SUO=,SORS AND ASStoNB 9 7 1~ t ~ x I I n n'. 4 4w' ~ ~f Y .k, • ~F~. ' r I t ~`'ti, ti,! u i ' " r - s" T~h Y t 1'F ,r 1 l 1 F t 10i16i137 11123 8&V PWR DIU 5'13-339-72le 004 GENERAL SIRRVICti;B AGREEMENT THIS AGREEMENT1 effective th A 1•y V I: e r. ,...rr..•rr.. day ut rr..r.°I°r,.,r.y limy ' ~ by and between CITY OF DENTON, 7 EXAS (hereinafter rsfwrred to "Owner), and BLACK S VEATCH, ENOINEERS-ARCH ITECTS thereinafter rerermd to as EnSineer), a portno"Np r' ..F * with principal business offices at Kansas City, Mlpourl. ' WITNESSETH1 G WHERFA8, Owner is 4mpW In the operation and malntanance of a sanitary landfill; and, WIIII1tEA9, Owner MAY from time to time undertake Projects retate¢ to such facilitlee; and, WHEREAS, Owner may require eer'Ada engineering servicw In conneetron with such Products (hanoinafter referred to ae the Servlcee}, and, ^S{'uu' ` 7 WHEREAS, Engineer to prepared to provide such Servkxft 7 NOW THEREFORE, in consideration of the premises and the mutual covenants herein eon. tainod, the parttee hereto agree p follows, ; k -4 e ARTICLE 1,0 - SERVICES TO BE PERFORMED BY ENGINEER ti Consultant shall perform the services as set forth in Scope of ServlaK AtWehmmt 1. The final report shall include the fullowins. 11) Dlecuselon of the problemr associated with solid wuete ladruntioa. ` (1) Discussion of possible alternatives, (3) Economic onluatlon of the alteMatives recommended, (e) Englneedng, materials and construction coat of recommended altentatlvw ARTICLE 2.0 - TERM OF AGREEMENT 41The feria of this O«4eral Services Agreement shall be for sir (0) moathe from the data It L ` lyK y ' ~+•PP J yy of *Wft TM 4mment may be e:Nnded thereafter by mutual written greement of the parties. , J AIIITICLIC S.0 - COMPENSATION 0* W shall pay to the Engineer for the performance of the Services e. total not to exceed I 9M .6& ` I , . C~ an,k' 4 r' b c +t ti , . +r}° j r ~°i a f `~e 7~ A~° G~~." is er t".v i t . J r, X. r "t 1 10/16/97 11:24 B8V f'WR DIV 913-339-7216 009 ' I (1) The amount of 1.85 times payroll costs for the actual time of personnel applied to the Services. (2) An amount equal to the actual out-of-pocket cost or a Bard Charges for all w peneea incurred by Engineer directly chargeable to the 8 Cee rendered pursuant to this Agreement. Such expenses shall @pacifically Inctu but are tint WAO"l k ly limitod to the following. % (s) Long distance telephone esponw^ I lb) Standard charges for operating time actually applied to the bervices of n i Engineer's computer center, other computer ebnters, and Engine's ` automated drafting systems. „ Eel Friona, reproductions, word proceaatng, printed documents and drawing Control at standard rates. (d) Aeaeooabta traveling and living exParsees for poansl (e) The actual cost paid by the Engineer to third ps#tles. Other direct expenses related to the ServicM ' Payroll costa include actual s dory plus allowances for holidays, vscatign, alck leaver FICA and orker'e compensation insurance, and employee benefits including medical unemptoymeot Eases, tr (nrutarl supplemental retirement programs, life Insurance. Incentive cornpeaaation, tuition reimbursements, and other m(ecellaneous benefits, The payroll allowall euluatve of holidays, shalt be fixed for the term of the Agreement at one hundred thirtyy (lS0) percent of the hourly salary rate. Hourly salary rates shall be equal to the monthly eelary divided by the number of regularly scheduled working hours during the Engineer's fiscal month: thus, the allowance for holidays to provided in the houtly salary rate. 4/ .f♦,.~ / S, Ll' The Engineer's flecal month is (rum the 11th day of each month through the 28th day of the ' s succeeding month. f k Engineer will submit to Owner uwnthly Invotcas for Services pail Each IOWCe will be l a', i`r submitted by about the 161h day of the month following the month during which such Services were peformsd. Owner agrees to pay Engineers monthly Invoice within PO days afar the Invoke dab and to pay Engineer a carrying Charge of 1 perrmt. per month 112 percent pee year) or the mutmum rate allowed bylaw, If lose, on all amounts remaining unpaid after 60 days follow tag an [,vela data Owner has the right to audit the time rexxmJe and satarfes of personnel and charge for direct \ a expeam tot seelgnmsnts for which co t,plus oornpertestton is ptovidad. ARTICIl fA - PItOrMIONAL OBLIDATIONS Or EN(31l Engineer shall eslrctN the same degree of care, skill, and dilligence in the petformanes of the fierl as is ordinarily provided by a professional snginser under similar eircumataneas and >sngtnesr shall, at no oat to Owner, rrparform wrv(oae which fail to eadafl the toregolAg standard I ' fir" '1 of i performance. . 1 r , r. , Xf , i0i15i87 11125 B&V PLR DIV 913-339-7216 eo6 t I i Engineer shall not be responsible for wnstructlon means, methods, hniques, sequences, Or proaduns, or for safety precautions and programs In connection with the Urvices. In A"- don, Engineer shall not be responsible for any contractor's, subeontm;toe's, vendor's, or other project participant's faliurs to fulfill their contractual or other respo"Ibilitiee to the Owner, In no Quest shall Engineer be responsible for anyoontmetor's, subcontraictor'a, vendor's, or otba projoct participant's failure to com7ly with Moral, state, or local laws, ordinances, regulations, color, codes, ordon, criteria, or standards, AIITICLE 5.0 OPINIONS OF COST AND SCHEDULE Since Bnginaer has no control over the cwt of labor, materials, equip mInt or services furnished by other, or over contractors', aubcontractors', or vendors' methods Of determinlos prices, or over competlttw bidding or marlaet conditions, Engineer's out estimaos shall be made on the basis of his errperiance and qualifications and shall represent his bat judgment as w% a periteced and qualified professional engineer, fuuiiiar with electric utility pro*cta, I own the resources provided by otMn to nest contract r Likewise, since Engineer has no contro schedules, Engineer" s forecast schedules shall be evade on the basis of him perienos and quabf ica• lions and shall represent We best judgment se an experienced and qualifid protaselonal anginw, familler with electric utility projects. Engineer cannot and does not guarantor that proposals, bids, or actual project costa will sot vary from his cost estimates or that actual schedules will not vary front his forecast schedWao, o ARTICLE 0.0 - LIABILITY AND INDEMNIFICATION &I General. The Owner and Engineer have considered the risks and potential llabllldes that monist during the performance of the Services and to consideration # the promises included hentn agree to allocate such liabilities to accordance with this Article 0.0. Words and phrases industry usage used In that Article shall be interpreted In accordance with customary i~sunance s , and prods 0 9 P:afaasbaal LIeW1lty, Eedineer agrees to Mad and Indefimlry Owno from add against legal liability for damages arising out of the performance of profeftlod~l en`las rldit servk°es for Owner where such liability Is caused by w. omly liable, , o t act of Eagfnesr or any pereon or organ for whom Eo!ti 0.9 Other Lahtllty, Except as provided in Subartkta 0.g, Profession Liability, dealidg with liabilities associated with the performance of profeeslonal servios% E arm to defend and Indemnify Owner from and against legal liability for damages use of bodily injury or property damage caused by an oecurnoce arising out of Englnw's of the Seevioa " 6,1 Defeaue of Claims and Ow ew o tads malty, In the ever.! a clalm damap arising out of the pertoenwos of this Agneeeent to nude against the Owner all g coat:ibutory or coa• cutmt negl*Wo of both Engineer and Owner, Lngtnser Arw to def d Owner against such ! 11% such event. Owner agrees to Indemnify and retmbunre Engineer } pro ratA share of all ` expenses of defense and any judgment or amount paid by Engineer In utiod of such clalm Y 5 s i p r fi t f A M i , 10/16,87 11:26 B8V PWR DIV 913-339-7218 007 when such pro rata share Is based upon the final judicial datermin4100 of negligence or, In the absence of such determination, by mutual agreement, In addition, Owim app to defend and Indemnify Engineer from and against damagee arising out of O~sr's sole negligenou 8,6 Lienltatioas of U411114. Engineer bha11 bays no Iiablllt for sl ial or Y We oonaequential damages including, but not limited to, lose of squipment ues, IoM of pono, coat of t:aplial, coet of nplsesncrnt power, or elmllar damage, 8.0 RamWlse, Owner's rights and remedies set forth In this Agrsr~ment are esoluolve. and Enginser's liabilities am limited as set forth herein whether based upon,contr'act, tort (Includlrlg negligence), or otherwlao. V Other Project Prrticipeow. In the event other paellas are Involved i n any of the assignments 'r under this Agreement, Owner will Incorporate IndemeitiM clmilar to ~hls Article 6.0 Into on. tructual arrangements with other Project participants In order to prlotect the Owner's and r Lrnglrlesr'e Intereetw ARTIC1.11 t,0 - INDEPENDFM CON I ACTOR Friginser, undertakes performace of the Services is an Independent oont4ctor and shall be wholly dl ' ! responsible for the methods of performancx Owner shall have no rig oupsr'vies directly Mr+,; the methods used but Owner shall hew the right to observe ouch parf4rmance. Enginaw shall worst closely with Owner In performing Services under this Agreemelnt. 1 ARTICLE 6.0 - COMPLIANCE WITH LAWS z ; r Engineer agreM that In the flewk>rn n ear MU comply w performing ae, i; th opplicable regulatory n • requie msnts Including federal, state6 and local laws, ruler, regulallo . order, codas, criteria, =tl' and etandseds. Engineer sholt procure the permits, certifleateo, and 0 ses necessary to allow Engineer to perform the SoMco& knginter shall not be responsible fo procuring permits, carp r w a., , df(eates, and Ilo"m required for the construction of the Project unI ouch respoasibllltkea } s,':e } r are epeolfleally sselgned to Enginew. J ARTICLLe 1,0 INBURANCE During the port"aws of the Services under this AV errant, Englnue shall nWntalo the foilovr tag tnsursnea. J (1) Oomprwheneive Osnsmi Uabllity Insurance with bodily jury Ilmits of not less than 000,000 for each occurrence and not Ism than 1800, in the ` agprgatA and with proPMy damage limits of not lees than $100.000 for h fteurrmes and not lose than 1100,000 In the aggregate, Y i l ~T 1, e ~R f , ~1 4 y R It ,i. . 1 .y 1 h I d 3, ` , X11. eee t 10$16$87 1127 B8V PWR DIV 913-339-7218 ; Lila Liability Insurance with bodily injury Itmlte sot lees than $500,000 (2) Automo Y for each person and not lee than $500,000 for each wA t sad with property l damage limits of not lea than 7100,000 for each acct t. 13) Worker's Compensation Insurance Is accordance with eta utory requirslnlats and Employers' Liability Insurance with Umitw of not lees ban $100,000 tot Wth accident. through (4)'t low than 00.000.M U U In 0=1111 Of 0A limits (41 VMbrWa Insurance elated Its 161 Profeselonsl Liability Ineursna with limits of uut lea had $5,000,000 annual aggregate. Engineer $hdl furnish Owner certificates of Insurumv Including the passion that such tnsuranu shall not be cancelled without at least ten days written notice W or. ARTICLE 10.0 - OWNER'S RVOPONSISILITIE9 Owner shall supply to Engineer, either directly or indirectly from of all avalfable Iaforma• tlon and data which Is required by Engineer. Owner shall also be risible fbt the following. h) Apyrwe all procedures setabllshed to govern the relatbnshfpa ■am$ Owner. Enginw and third partpe. ' 071 ft%Wh to Engineer, in writing, all of Owner's req 11forn nts for the Project Including, s but not limited to, schedule milwtorka; any financial corl*r%Iate; and a" Owner criteria, standards, design objectives, or design oonstrdslts. S3) Make find engineerfag and planning decisions utilizing i formatlon supplied by Engineer. 14) Provide designated personnel to represent the Owner in me I tars involving Engineer. (6) Provide such accounting, independent cat estimating, d inwranea Counseling the or Engineer may reasonably request with rsgmd to l'telole ng require eer'v es is may be required for the Protect; each tegd t 11sawt owner project including say that may be raised by tort tnttaotore, Vendors, Of othee projeet participants; web auditing services orw to aeoer Lain how or for what purpose any eontmetor, subeanor. or other pro- ject partiolpant has used the monfee paid to h1m an tloa asevleea u Ownu jolt mqy require to 60061 is that eootnetors, subendac of other participants err eomplying Keith any law. run appil"WA to their "dormada of the work (4) ftut into contracts for purchaati coastru of o~twith ontract^ subcontractors, card vendors provi with the to tof the contract. Owner may aeelga any responsibility described le this Article 10.0d (4) to Engineer by providing written Instructions to Englaeer to act aI the t add auuvo responsibility In behalf of the Owner. 1 f ` ARTICL1611.0 - OWNERSHI? Or DOCVMENI'!I Ail documents including Drawings and 8pedficatlons prepared by E ' ser pum"t to this - Agreement an Instruments of aerV1N in rapeCk of the Project. T an not intended or repreeented to be suitable for relies by Owner or others on aztanelons the Vto*t of on any a t ~ .F1 re t' u...hf tb Le ...n!v' ~ I ~i 10i16ie7 11t29 98V PWR DIV 913-339-7218 009 f other prof sot. Any reuse without written vrriflcation or adaptation by nglaesr for the specific purpose lotended will beat Owner's uulu risk and without 1101.11ty or le exposure to Engineer, and Owner shall Indemnify and hold harmleae Engineer for all claims, smag", tosses, and sit. penses Including attorneys' fees arising out of or rosulting thomfrom. ny such verification or adaptation will entitle Engineer to further compensation at raw to be agreed upon by Owner and Engineer. ARTICLE 12.0 - TERMINATION OF coNTHACT The obllpt(on to provide further servlcee under this Agreement may ~e terminstad by either party upon seven days' wdUan notice In the event of mbstantlal faller by the other party to pasty 4 perform in accordance with the terma Mnwf through " fault of theterminating Owner she11 have the right to terminate this Agreement for Owner's kKwe Yen upon verities c r: notice to 194neer, and Engineer shall tamMate performance of ca on a schedule acceptable to Owners In the event of termination for owner's convWertcsr Owner shall pay ; Engineer for all Servisw performed. { r ARTICLE 12,0 NONDISCLOSURE OF PROPRIETARY IN OBAIATION ~r s r~ EnCIAW Shall consider all inforrnitloa provided by Owner and lid Inge, reports. Studies, r; design calculations, plans, speeifleations, and ether doeurrsente n sit g from the En;ln"es 4,t ` ,1 .rt performance of the 94&4c" to be proprietary unless such information a available from public Sources. Englnser shall not publish or disclose proprietary Informatl for any purpose other s than the performance of the Services without the prior written auk satlon of Owner. r F 9nglneer shall not snake any wrlkt" or vorbal Statement to any press or ne+w media 00flev ins the Project without the writtat authorisation of Owner, I I4 , , 1 y 1i t~ '°aa'i FFF ARTICLE 11,0 - NOTICE j Any furmal notice, desnsnd, or request required by or made In oannsc n with this e;re"Unt shall be deemed properly made if personally delivered In writin; or in the Valted State'; ,y mail, puetap prepaid, to the addme specified below. ;'Ib Engineer. Black A Veatch. Boghum*Architects i ! 0. not Mob l Yh !lane" City, Mlaeowi 64114 Attentlow !teed of Pow Dlvlelon , '1b Owase City of Denton '>haae w Municipal Building 210 l".. Melllewy Street r Denton,'fl+slee 70201 Attantlors; BoiaCt Nalson, of UCI1mutive D Nothisi; ousstalned In this Article shall be oormtrued to restrict the "&mission of routine a b ournmunlcatlon between represenatlves of Engineer and Ownat. k P z per ~ r . r ~ . .....w ..r, a.4'YA M..y M r rJ.iAi alb vI'r..,rrrN .en . .a p ray r . i 4 l• ~ 1 10/16/97 11=29 ESV PAR DIV 913-339-7718 810 I I ARTICLE 13.0 - UNCONTROLLABLE FORTES Nelthor Engineer nor Owner shall be considered to be In default o the provisions of two Agreement If delays In or failure of performance shall be duo k uncontrollable f0mos the effect of which, by the exercise of reasonable diligence, the nonperforming pa y could not avoid. The term "uncontrollable forces" shall mean any event which results in tlr~prsventloA or delay of performance by a party of Its obtlgaUons under this Agreement and v~hlch is beyond the con- trot of the nonperformlag party. The term "uncontrollable forces" InetµdN, but Is not limped to, fir% acts of Ood, flood, earthquakes, storms, tlghtning, spldemle, we~tl, ~riot, civil disturbance, sabotage, Inability to procure permits, Iicenaw, or authorizations from'-state, local, or federal agency or person for any of the supplies, materials, accesses, or services' irequirod to be provided by a thec Owner or Engineer under We Agro monk strikes, work slowdmos oe other labor dlsturr banes, and judicial restraint, Neither party shall, however, Lm e:Lused hon. L~cdormance If nonperfo"nce to due to uncon• trollable forces which are removable or remediable and which the non orming party could lieu, with the oxen Iso of reasonable dillgence, removed or rem"ated th rsaeonable dispatch. r' The provisions of the Article shall not be Interpretad or construed to IN Engineer or Own" r to prevent, settle, or otherwise avoid a strike, work slowdown, or other 1m'bor octlon, Tbo nonper r forming party shall, within a reasonable time of being prevented or de from performance by on uncontrollable force, give written notice to tee other party deecr ng tha circumstancas and uncontrollable forces preventing conttnusd performance of the obllga ions of this Agro ment, 11 .R , t" y ; ARTICLE 10.0 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Tines. ARTICLE 17.0 - MWELLANEOU4 17,1 Nunwadver. A waiver by either Engineer or Owner of any broayh of a pet vision of this Agreement shall not be binding upon the waiving party unless such alver Is In writing. In the event of a written waiver, such a waiwr shall not affect the walg party's rights with respect to any other or further breach. 17.1 Precedence, Ir: the event of confitet, orrom or discrepatidso hejtwsen the declarations or Articles of this Agresment and any mutually agreed written task "tgnment pursuant to this Agroomodt, provisions of the written task assignment shall be given precedents over the declarations or Artlelss In resolving such conflicts, snore, or disc rsprtanetes. 17A Saverabillty. The Inval idity, tllegallty, unentoreeabillty, or oeeurresrra of any other event rendering any portlon or provlalon of this Agreement void shall In no 4ny affect the validity or anforceablllty of any other portion or provision of the Agreement. Al void provision of this r Agrwmant shall be domed aewred from the Agreement and the balsaaal~ of the Age wwt •holI be construed and enfomd: as if the Agreement did not contain the particular portim or provl- don held to be void. fi The provisions of this section shoal not prewat the entire Agreement l(rom being void should a provision which Is of the essence of the Agrsoswnt be determlaed tp be void i -41 y V t r` , • Mw,..,. u~yr ,~..r.+6i•MyF :.t vdgg..e,u 18i16iB? lli31 KV KR DIV 913-339-Y21B 011 ARTICLE 1&0 - INTEGRATION AND MODIFICATION This Allimment Is adopted by Engineer and Owner as a complete an exclusive statement of the terms of the Agreement between Engineer and Owner. This Agee ent superved" all prior i A agreements, contracts, propesa!s, reprseentations, negotiations, let or other communica• f tfons between the Engineer and Owner pertaining to the Services, thee wrlttsrl or oral, This Agreement may not be modified uniwe such modifications ar+a evidenced in walling l elgned by both Engineer and Owner, M`r ARTICLE 19.0 Y - SUCCESSORS AND ASSIGNS 10.1 Owner ar,d 8agineer each binds Itself and Its directors, office , partners, succe11001% aaeCutore, adminlstratora, aalgns, and legal repreeentativw to the of r party to obis Agree F; mant and to the dirertors, officers, partners, succeseore, eaacutore ad Netrst v% awl All end 4 legal reprwmtstlver or such other party, In respect to ail wzante, clone of this Agreement n►e~►4e, an~oblt~• 19.2 Nel thee Owner nor En nver thalI snip, sublet, of transfer any rights under or interest r ; a in (lneluding, sue without limitation, monies that may become ome due due or nldo that an duel this Agreement without the written consent of the other, except as sta0s In Paragraph 19,1 and except to the extent that the sflect of this emitat(on 1 smay be restricted btjaw. tated to the contrary In any written consent to an seelgnment no p unless paclfieslo discharge the aselgnor from any dui oe +1 genment will releaN or n' r Y resporlstblllty under this Agnes t, Nothing contahw! in this paragraph shall prevelt Engineer from employing associates, and subcontractors as he may deem appropriate to aselet lm In the perlormanov of eervlcw rendered 10.3 Nothing herein shall be construed to l¢w any rights or benefits homunder to ar•-- °e We than Owner and Engineer. Y ;Y i 4 d' q .lab R ' Y 'k A r1 ~ 7 i •.x .a-~. :P t t L I H Y1n 4 1~ ? 10i15i87 11 31 88V PWR DIV 913-339-7218 012 3 ~3 `rat r e ' a IN WITNESS WHEREOF, the partiea have swoted this Agreement their duly euthorlsed r , repreeentatlvw dfeetlw the day and Year Aret 4 ww written 'r I ~ 1~~F ' , 4 reynF ~ r r s CITY OF DENTON. TEX4 s, .,I. By (D'ate) r i BLACK & VRATCH, ENO[ EER&ARCHITSOM k 5 e 41 h y IY r+ . Title 1A~t~M.w. t . city tary welm k "Ir ar IY Clay of t wnt u ; ~t ,kR~ rr. AP1'1tMD AS TO LEGAL FORM; q. i, ltOfneY r , ryy'1... n Gity 0~ DsnWn, [Y I,i, r a + 7 a•I ~ , _ r { . h +1~ Ftiy 7i~""r r„ ~t ♦ Y~S cj~ r.~,n A r 4 I, l rA a I : i wY,' u I , 4 I N i, S- 1,4 + ~l.~f~ 1 i~ r r yt y Y "1 N 14 ~ v w r 1'1 a. i 10/Stii87 lit32 88V RA DIU 913-339-7218 013 ATTACHMENT I SCOPE OF URVICES FOR SOLID WASTI; INCINERATION AND STEAM 13ENCIMI!i[ON FACILITY The City of Denton uperstse a sanitary landfill located adjacent to the City's Westawater T}sat• Mont Plant, These facilities arc kx:ated approximately SM, from Dmto`i's 8tsath Electric Plant, The purpose of thle feasibility study If to analya the WLnl ad, uperati 01al and Rnanedai feasiblll• ty of mace burning Denton's solid waste and esswr sludgy In a ateboiler and utilizing the roeultin` steam to cirlw Denton's electric generators or utilizing t a sasrgy itt a other G nnrnnmloulfy feasible meaner, any The City of Denton's landfill y solid wsata prtisently rscNves between 300 and 326 Lot norms) domsatk F'+s day, ApptoalmeWy 80 percent of the landfill msterial a derived from the City of Denton which has a population of approximately 66,000 and the to Irvin It a result of e am- medal contract baulsrs and ladividuals from the surrounding oomimunitip and rural awe around benton. The Wastewater T rwmelt Plant produces a pproximafxay 12,000 Its per day of orWtc wet sludges which Is constituted of about S percent orrania, ;?4 The study should be ee;mented Into three lnter,nMatkad sections. The Prot section shall rslete to the technical feasibility, the second section shall relate to the operstiont0 feasibility, The third section shall relate to economic fewibllity, k' I. TECHNICAL FEASIBILITY ^ Tl Wastes Quartittes and Composition Quantities of the Muntclpal Solid Waste IMSWI available from tbs (,lty will be dstsrmined from records and Information supplied by the City of Denton. This Infor tioa shall be analysed ' by the Mginaer to daterrnlas the validity and quality of the MOW. r~ }d f, { then tonnages will be estimated along with co t y varlatioa In to be made In subsequent Wks. Additionally, setl~tss will be mard* ow esvsew psojtcttons titles over the life of the project. The study period to be thirty (80) a gWr tnte o In aniti quur• be M"uated after emery requhWoonts an enel quat(tiss wilt q;:f yaed to dsbarr" If !tonal wastels nqui ash 'till theme flaws" The utilization of the snaW by the City of Deeton's St"m gf r{c 1461, or otMr potential ' energy cwstostsrs will be analysed to deterndnr, l) tMlr nspacttw deria,ld for tamp and the fortes and state of that energy, and 2) Intsrfaa requirementskonditioM ~1e slogs of the ener y to the City of bsnton's Steam Etectrie Plant or ~n e ry for craneMie euStomsr, 't'h f e Wort during this edtlW task Is to dot erne the mat cost•eff410,fl meant of trarlsf4rrinr the wterry from the solid waste to the potential custonwrs &henlrocess d[Mmms ahall be solldtW from the mat feasMls potential custonw so the t a an be G s ^ r an.lyaea to determine the most cat stfeeelw mea6e of tran•ferein i~ eyeteme eery from the solid was% to the customer Since thle w111 ultimately result In the hlghaet en eery mwetuea, 'Pits Clty of Denton's exlsthV po*w plant shall be anklyzed for converslen to a mource rtcovar y faclltty, Holler and plant modifications OW1 be defined Ik T 10/16/87 11133 BSV PWR DIV 913-339-7218 014 1 I I An energy and material schematle dtagmn shall be developed to lndlesl what goes in and what { comes out of the resource recovery facility. Thho diagram Shall present tM thermodynamic T is and mechanical Connections as well as the energy flows and $C0nPmlo Mitly"& I W Resource Recovery Technology After the beat means of transferring the energy has been Identified, t" Engineer shall deter r mine the beat means of pperating the energy. The Engineer shall "sw various state of the art technologies and waste combustion syelems during th is task to determine most technical. ly reliable, environmentally acceptable and cwt effective technology { d associated systems) for receiving, storing and processing muntclpal solid waste to yenertt i Meek, to aexprQance with the Interface conditions developed In Tuk' li. EnvfronmenW emit~sloy shall he evaluate i and quantified to the extent possible based on existing data from actual toot: on existing eystsins and project.. It. OPERATIONAL FEASIBILITY 01 Mtny Prollminary site lnveetigstion shall be conducted Siting issues shall be I;wW in general terms and the existing power plant plus a location at the solid waste landt 1 :half be lnvatipted as potential resource recovery facility sites. The onginser shall develop a preliminary sits plan for the facility that illustrates the overall Sits requirements and develgp siting criteria based on environmental cons: deratlons and the City's Interface requirements leg, steam or electrical } N~ tranemisslon, line distance, and routing). ~ T t ( 04 Trtiurprtailoa The most feasible means of transporting the MSW by the m1ous jurisdictions shall be deter mined. The transportation systems may Include transfer stations, whid, can only be elmd and located once the waste quantities and siting are determined. as Recycling and Waste Reduutioa m" The potential for waste reduction, materials recovery, and material: recycling shall be doter. Was& The impact of ongoing and future waste management policies pnoludide a bottle or brm%p container law) at the state level will also be assessed 04 il<ariiaq imM The existing landfill operation shall be analyzed as to lts currant and f tutoo psreUoa. TM;m• put to srwting sanitary landfill shall be determined based on the io Uon and coalition of the landfill., The desire is to have as little landfill disposal its I Lt passible and as fc* landfills at t possible. Future EPA regulations for Subtitle D landfill operations Chap also be addressed and Included in the projected cost of sanitary landfill operations. "6 L, e . 04 Public Aaceperuerv-Envlrorunental and Health RLk Agesemeat lfnvironmental impact and health risk awes meats shall be addreaeo with the Intention of evaluating wbother or not the technology, application, and site are environmentally acceptable, III. ECONOMIC FEASIBILITY al Ceeserrredon Ceeta a A wnstructlon cost estimate shall ke developed for the ►saslble application and technology of '.N t the resource tsoovery facility and related transfer stations. r 10461P? 11134 B8V PWR DIU 913-339-7218 015 i M wimated flab! Sarviee { Hued on the assumptions and preliminary concl rsions, an estimar a shall be made oa the bond issue des and associated annual level debt service to Ova jurlsdlctions. This Is one of the cash flows that will be used to project tipping coats. tC$ Reveaua Lnsrgy solting prices for attain and'ur eloctricity shall be determined or ostimated for the feast. big applications and combined with the energy flows clAormined In Teak T2 to determtM an- nual energy wertuos. The approach to determine the selling price of stswm will W discuased and casual negotiation with the energy customer where possible, i Pmrius estimates shall also be made for the sale of recovered materials based on the level of upsrrtkmal feasibility in Task 0r3. The total project revenue stream 1s one of the cash flow.! r; that will be used to project tapping fees. 0.4 lsrojett 0 boas aW Mallinta,mmes Cost Estimates shall be made for the annual O&M oat (of the mou rce recovery facility and related ; transfer stations. Thla b one of the cash no" that will be used to to}~tlA s y P g proj4ct. uPPigcost+ i ~ F H~1 y Ttaewpertatisw Costa say 1_ 3 4 ° ltatlmates of transportation and cat and rotated 001 cost of tmnafer stations shall be developed 4 s', `t rl The transfer station O&M Cats may be Included in the overall project O&M cost depeading on the ownWipwrrtur whem& „+rsr 4 i E4 saw" Leaddill Cost „i The cost of sanitary Iandtlll operations shall ae projected to loclude the impact of the resource I + w rvery fatf lty and future environmental regulations of Subtitle D Iaadfills. This cat eompo• I nont may be included In the resource recovery O&M. Costs dependin on the awnenbparatcr E schsmMAdditionally, the cat of sanitary landnll operations for the jurottona will be estimated 1 without raeoufca reoowry and projected for comparison In project evaluation, V Tlpping Cat 11raJections The cost and rmnus cash lbws developed above shall be used in on wooomlc model to estimate : 8 the ttpptng coats each year over the debt life of the project. These tipping coat projections shell be developed for several sets of vadablm to Indicate vonomle sensitivity, and they dull be Vnphically compared to the landfill projtctiorls to provldc a convenient aneuure of own]1 economic feasibility. 1V, SCHEOUL1fl 7M t"les of a draft report shall be completed by December 16, 1984 for pressntatioh k, the dry retail during she fatter put of December. Irony copies of the final rapoat shall be deliwrad to tM Utility 1Jepartramt and avattabie for prsesntat[oln to the ply CouAeil by the second week of Jeamy ;1988. I l 1 ' 14 r ~I 1 u1 Dw •N D ~ n ..r .r. r!•.,Mn..Y•a.r..n N.1. ,DA:t~+p~D,'rY r IK4 % r 4 l r...,. n. . a Ali i aA,- •04 l .a 4.'4~RMR: s W 9 °r ltrM. 'tu l.•. r.. 7 `F71 CITY COUNCIL REPORT FORMAT •5 ~ Y~ t t 4 , a` DA'T'E: October 20, 1987 TOr Mayor and Members of the City council FROM: Lloyd V. Harrell, City Manager le, At r IN '0 SUBJECT: LEASE OF WILLIAMS TRADE SQUARE RECOMMENDATION: Staff recommends the resolution regarding leasings J r'F o parking spaces located on the Willians Trade Square be approved. : SUMMARYt This resolution authorizes the City Manager to lease rX parking spaces in the Williams Trade Square parking lot, ? cJ BACKGROUND: None. tti 4 r! f° a None. FISCAL IMPACT. w, o-°s a Y r ,,f p ZTFULLY SUBMITTED: t, ",yk~~ U »r r "~•a at to yJ 1J1,~ '1JF1~i Tom' 4 Ci y Manager r e Prepared by: y 3t r, e h y 4 r i J✓ V~1w r , nn orsy a Adgi"nistretive Secretary y` RJr approved: wry "1. • J~ ,i a ~~e +?'r'~1 ryh ti 4 y+ n. , Mc Grano xecutive Director of Finance 4R' % Q «i I^yrl' M ,~I ~ ir 1 j A p r M 1YH vYWrn 4 p , J °Irtr S#r"l' 1 LLM"It Vf /YV~ 'r , w.~-'7-,.-r « a. v+aiW+.'Wy JAMY4Nw✓+•" y r~ i ♦"y44 i\ 'r1 .C A.'Jf ! k r 9 r - ~ .3. i .1 ~ , "kal~~ti ~.d r ' < v • r ~ • •V w 1 Nth. ~',b fp q ° L 7,tir"~ s E' { Jr'' 3 f •1, r 6 I n * F - 4J r r C F y i M1'y ~I « J f 1y. lr r N• J i Et 1982L a RESOLUTION NO. _ A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE AND DECLARING AN EFFECTIVE DATE. ' Y~'t WHEREAS, the City of Denton has improved and maintained the ~zor{~s area known as the "Williams Trade Square"; and ` : WHEREAS, such improvements Include paved parking spaces; and I` w WHEREAS, tho City of Denton desires to lease parking spaces X in order to recover the cost of the maintenance and improvements; NOW,' THEREFORE, i b3=r THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: r r ~ SECTION I. That the City Manager is hereby authorized to lease" ,parking spaces at the "Williams Trade Square" on such terns as he deems in the best interest of the City. y 1 R . r SECTION 11. That this resolution shall become effective immeatafel y, upon its passage and approval. ' e, S 3r ,!Nr' PASSED AND APPROVED this the day of , 1987. a rr ~ ' s tk }tr w: t♦ y 4 RAY STEPHERS1 MAYOR ,ffEST: F l + Y ARi r r fn'r jrj,RRIFER O CITY S r .y P i;g, r r {s APPROVED AS TO LEGAL FORM: DEBRA ADAM] DRAYOVITCH, CITY ATTORNEY >~r Bly hF ~.'~t 1 r 1 rin ' r I y yl .rr`}ryf 4 1 a!. ti 7 a 3: 3 si L-V , P y rp~~fN ~~}lr Afy',s,j~ {.ti e !a~ e ,i _ _ r..». _ _...,.«suyCYl~IgVroij1.~K r.w.«r.~»....~........ ..._J ro~ 1 w 17 , 7, .e1 4 Vv; , , 8 ~r r~~ s ' s 1{ ti DATEt 1Q/20/87 CITY COUNCIL REPORT FORMAT 1 TO: Mayor and members of the city Council i. PROMS Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF RESOLUTION SETTING A DATE, TIME AND PLACE FOR 1"qtr f, PUBLIC BEARINGS ON PROPOSED ANNEXATION OF APPROXIMATELY 5870035 , ACRES OF LAND BEING PART OF THE J. CLAYTON SURVEY, ABSTRACT NO. 2211 J. LAMAR SURVEY, ABSTRACT NO. 7541 AND M. MCBRIDE SURVEY, ABSTRACT f NO. 001. (A-511 rr RECOMMENDATIONS " Staff recommends public hearings on November 3 and November 17 with a special called meeting on December 8 to institute. SUMMARY: J's i This annexation will continue the plan of the City of Denton to extend its extraterritorial jurisdiction in Ncrthe3et Denton and W 14 to annex the Elm Fork of the Trinity River. The annexation is being done In an effort to control water quality along the waterway F,~rl between Lake Ray Roberts and Lake Lewisville. BACK < " e The City of Denton has annexed property in this area on two previous occasions, The last annexation was completed on October 1, 1985. PROGRAMS: DEPARTMENTS OR GROUPS AFFECTED: wk~ a`" d x~ Property owners within the annexed area and all departments involved in the development process or in providing public service. F~ ' M r FISCAL IMPACT: Y l ♦ i Va t'. y 1 Y . tiR,,• ~ The impact analysis has not been completed: fire protection will be tp' r{:`` ° the most costly City expenditure due to the distance from existing fire stations. ar,aaJ ~~4 r_~`s t vi~", 41d lly/sub . Narrell Prepared by: City manager , Ceoiit CarsoA ~YS"N w1 Urban planner w Approvsd: }x '.r',,t~un'-~ David Rllison „r % Acting biractot for P Planning and Development ' 2> 1J, 1 V5'rvw^wpu.~i .`~a+r`/.siri~. n..m~~Ww•..... A d~ y s /a' 1 , r 5 1994L NO. A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING L AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. On the 3~- day of d✓em6e~`, 1987, at 7:00 o'cloc in the City-Council Char ers o e municipal Build r ing of the City of Denton, Texas, the City Council will hold a public hearing giving all interested persons the right to appear { and be heard on the proposed annexation by the City of Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein. 'F On the J?L4day of NoveeAber , 1987, at 7:00 o'clock PM. { in the City7Uoncil Char ers o the municipal Building of the City :of Denton, Texas, the City Council will hold a public hearing giv- p~, ing all interested persons the right to appear and be heard on the f,;8- proposed annexation by the City of- Denton, Texas of the property described in Exhibit "A" attached hereto and incorporated by reference herein, says SECTION II. The Mayor of the City of Denton, Texas, is hereby authorr 4eed-and-directed to cause notice of such public hearings to be published, once in a naxspaper having general circulation in the City and in the, territory described. in Exhibit "A" not more 'than twenty days nor less than ten days prior to the -date of such ' s public hearings, all in accordance with the Municipal Annexation Act (Article 970&, Vornon's Texas Civil Statutes). SECTION III, This ordinance shall be in full force and effect i.We a3~TTowing its passage and approval. r PASSED AND APPROVED this the day of , 1987. V`j 1 ' RAY STEPHSSo MAYOR I 1 ATTEST: L V tl' APPROVED AS TO LEGAL FORM: MRA AbAMI DRAYOVITCH, CITY ATTORNEY * 1 A~ = Fi HYs 1, "l 111S~l.LSILL k4 N I A ..aa..«ea.r:.►4~,a4~A~hi~sw.6+ApeYfk76.v+: .alYn<W...,.. _ tl .fir1 A . EXH18II "A" f ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the J. Clayton survey, Abstract No. 221, J. Lamar survey, Abstract No. 7S41 M. McBride survey, Abstract No. 804, and more fully described as follows: V ! G , BEGINNING at the southeast corner of a tract of land described in a deed to Richard W. Ragsdale, et al from Frank N. Martino, et al dated October 2, 1975 and recorded in Volume 759, Page 879 of the i D.R.D.C.T.0 said point also lying in the middle of a channel of Elm Fork of the Trinity River, said point also lying in the south ' boundary line of said J. Clayton survey; THENCE north 870 41' IU" west along the south boundary line 'of ` said ,Ragsdale tract and the south boundary line of said survey, passing the northeast corner of the tract described in ordinance XXXXX of the present city limits and continuing for a total distance of 1 00.82 feet to a point lying 4,469.42 feet east of the southwest . _:,corner of 'said kngsdale tract, and in the present city limits line ,for.corner; THENCE north, passing at,725.U feet, more or less, the centerline of kr r, said film Fork channel, said centerline being an east boundary line ; , of said Ragsdale tract, same being a west boundary line of the Second Tract of land described in a deed to W.L. Hodges of al from F S r George: W. Lowther et al dated January 140 1942 and recorded in. ?~F Volume 295, Page 182 of the D.k.D.C.T., passing at 1,35U.u feet, =4; „5 more or- less, said center line of him Fork, same being the north ' boundary , line of said Second 'tract, same being the south boundary - sf~, line of said Ragsdale tract a distance' of 2,019,U feet to a point for corner{ NCE, north S30 34' 21" west a distance of 2,S80.87 feet to a . point iyi;ng in the north boundary line of said Ragsdale tract, said rF potnt',lying'2,67S,0 feet, more or less, east of"the northwest corner +~„+y of .'said Ragsdale tract, same being: the south boundary line of a t'raet described Ina deed to5M 6 R, from Michael"C. Ramos, Trustee r dated March '9, 1971: and recorded in Volume 82S, Page 937 of the D.C-.T,' for cornor; THENCR,north 870 21' 1011 west along the north boundary line of the E said `Ragsdale tract, same being the south, boundafyy line of said 5 M,4 R tract a distance of $34.66 feet to a point for corner; THENCE north 00 32' 35" east, passing at 2,400 feet, more or less z the north boundary line of said 5 M b R tract, said point lying w :z 1800.0 feet'east of.the northwest corner of said'5 M.6 R tract, sale Av being "the south boundary Tina of a tract described In a deed to C ver'A, Fields from Sid ford et al dated May 3, 1937 and recorded: + in ,Volume"26S, Pagge 364 o2 the b.k,D.C.T., a distance of 30442,33 feet,; to a point lying in the center line of P.M.-429 for corner; 'y. lw.w«w+r..-.....~ _.,......na.. ,4.-+.-. ,,..m,.~.u At,f4:. d4+•1, t . r %r Page 2 1 THENCE north 200 30" east, passing at 607.66 feet, more or less ! the north boundary line of said Fields tract, said point being 1,97 E feet east of the northwest corner of said Fields tract, same being the south boundary line of Tract o described in a deed to R. H. Venable from Ms. Comette Woodrum at al dated October 16, 1959 and recorded in Volume 45U, Page 6SS of the D.R.D.C.T. said point also .i lying in the north boundary line of said J. Clayton survey, and the south boundary line of said J. Lamar survey, continuing for a total distance of 2,726.19 feet to a point lying in the north boundary line of said Venable Tract o, said point lying 1,119.bb feet east.of the northwest corner of said Tract 6, same being the south boundary line of Tract 3, described in said deed to R, H, Venable for corner, said point also lying in the north boundary line of said J. Lamar C survey and the south boundary line of said M. McBride survey; THENCE north SIO 17' 01" east a distance of 3,672,29 feet to a point lying in the north boundary line of said Tract 3, said point lying 3,970.0 feet west of the northwest corner of said Tract 3, some being the south boundary line of a tract described in a deed to j Perman 0. Smith. from Charlie May Maddin dated May 6, 1955 and recorded in Volume 409, Page 452 of the D,R.D.C.T. for corner; ,THENCE north 260 57' 52" east a distance of 1,433.49' teat to a S point lying in the north boundary line of said Smith tract, said point lying 4,620.0 feet east of the northwest corner of said tract, yy 6r same being the south boundary line of a tract described in a deed to Eagle Farms, .Inc. from John W. Porter dated July 19', 1979 and recorded in Volume 963, Page 734 of the D.R.D.C.T. for corner; Nat ; ' I , THENCE north 80 30' west, passing at 3,397.08 feet, more or less, the north boundary line of said Eagle Farms tract, said point lying - ; 651.6 feet east of a north angle corner of said tract, some being, . ' the south boundary line of a tract described in a deed to Clyde A. k Blakeley, Jr, at ai from Charles D. Hall dated 'January 10, 1966 and recorded in Volume 533, Page 434 'of the said point also Ar" F ,r lying iin the center of an east west county road known as,McKinney, Bridge.Rd.,_continuing for a total distance of 4,330.U4- feet to a ' ' point in the north boundary line of said Blakeley tract,.said point. lying 1,040.0 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to Bobby G. McDowell at &Y from Daniel H. Evans at al dated December' 10 1Wand recorded in Volume 875, Page 783 of the D.k.D.C.T., said point also lying in the north boundary line of the McBride survey and the south boundary line of the Tanzy survey for corner; " THENCE south'249. 890 13' east along said boundary and survey 'lines a distance of 05 feet to the ncrtheast corner of said Blakeley tract, same being the northwest corner of a tract described in a c deed to B. L. hughes et al, from Scenic Joint Venture dated December 300'1986 and recorded in Volume 1,062, Page 311 of the D.R.D.C.T.; THENCE south 890 06' 20" east continuing along said survey lines and along the north boundary line of said Hughes tract a distance of . E 967618 feet to apoint for corner,. A75%1 C I k ' _ ...,..-..e... ....,.....+«lr,~,rVRa,i'Fx~fa1.'M1+R"nw"`.......... _ r`s 1 Page 3 1 1~1 THENCE south 80 30' east, passing 850.0 feet, more or less, the 4 center line of said McKinney Bridge Rd, continuing and passing at { 2,700.0 feet, more or less, the south boundary line of said E. L. {k Hughes tract, said point lying 250.0 feet west of the southeast corner of said tract, same being the north boundary line of a tract described in a deed to L. M. Mahoney et al from Daniel M, Mahoney Realtors, Inc. dated January 3U, 1981 and recorded in Volume 1,053, Page 603 of the continuing and passing at 3132S,0 feet, more or less, the center line of Elm Fork, same being a west boundary line of said Mahoney tract, and the east boundary line of said Eagle Farms, Inc, tract, continuing and passing at 4,075,0 feet, more or less, said center line of Elm Fork, same being an east boundary line of said Eagle Farms, Inc. tract, and the west boundary line of said Mahoney tract, continuing and passing at 4,800 feet, more or less, the south boundary line of said D. M. Mahoney tract, same being the north boundary line of a tract described in a deed to 0. 0. Beaty et al from L. A. Beaty et al dated March 30, 1950 and recorded'in Volume 3S7, Page 606 of the D. R. D.G.T., and continuing for a total distance of 5,081.14 feet to a point for corner; THENCE south 200 32' 30" west, passing at 90U.0 feet, more or less, the south boundary line of said Beaty tract, said point lying 2,365.0 feet, more or less, west of the southeast corner of said tract, same being the north boundary line of a tract described. in a deed to Charlcie H. Townson from Reuben Cagle, Jr. dated January-13 , .D,C.T.p and r 1986 and recorded in Volume 1,801, Page 202 of the 1),R ^rs w, continuing for a total distance 1,Sb3.54 feet to a point for corner; THENCE south 760 02' 30" west a distance of 1,291.72 feet to a point being the northerly southwest corner of the remainder tract of g~ said Townson tract, same being the northwest corner of a tract. " described in a deed to the Veteran's Land Board of Texas from Patsy 1 yf,. Johnson, Administratrix of the estate of Roy Miller Cagle; deceased, i said point also lying in the east boundary line of 35.043 acre tract ;F described in a deed to Radford A. Fuller et al from Reuben Cagle' Jr., guardian of the Person and Estate of Nennie M. Cagle dated December'24, 1975 and recorded in Volume ,768, Page 973 of the b.R,D.C,T., for corner; THENCE south 40 28' west along the west boundary line of said rlJ Veteran's tract, same being the east' boundary line of said 38.043 acre Fuller tract, passing at 434.4 feet the southwest corner of said Veteran's tract, same being the northwest corner.-of a 5.993 acre tract described in a deed to Radford A. Fuller et' a1` from Roy r' ~9. Cagle: dated April 40 1966 and recorded in Volume 536, Page 363 of the D,k,D.C.T. and continuing for a-total distance of 1,138.40 feet A to a point same being the southwest corner of said 5.993 acre Fuller tract, and a inner ell corner of said 3S,043 acre Fuller tract, said point also lying in the south boundary line of said M. Mcbrid6. Y+I~ ' survey, and the north boundary line of said J. Lamar survey, . for' corner;. `P. THENCE south 880 31' 50" east alo,ig the south boundary line of a k~ said 54b93 acre Fuller tract, sa:ae berg the southerly north 11, boundary line of said 35,043 acre Fuller tract, and said ,survey:. line's a distance of 3u.0 feet to a point for corner; A_Sl a 1s 1 E Page 4 f ThENCE south 00 14' west along the oast boundary line of said I 35.043 acre Fuller tract a distance of 135,08 feet to a point, same ! being the southeast corner of said 35,043 acre Fuller tract, and being the northeast corner of a 52.0 acre tract described in a deed to Olen L. Spencer from Cynthia Ann Bond Ables at al dated April 17, 1985 and recorded Volume 1616, Page 907 of the D.R.D.C.T. for corner; THENCE north 880 31' SO" west along the south boundary line of said 35.043 acre Fuller tract, same being the north boundary line of t said 52.0 acre Spencer tract a distance 1,250.0 feet to a point for corner; THENCE south 31048' 16" west, passing 1,185.0 feet, more or less, the south boundary line of said 52.0 acre Spencer tract, said point lying 21096.71 feet, more or less, west of the southeast corner of E said tract, same being the north boundary line of a 7.157 acre tract described•in a deed to Olen L. Spencer at al from Roy T. Spencer k dated November 1, 1977 and recorded in Volume 868, Page 869 of the D.k.D.C.T., continuing and passing at 1,300.71 feet the south boundary line of said 7.157 acre Spencer tract, said point lying 2,152.61 feet, more or less, west of the southeast corner of said a + tract, same being the north boundary line of a 37.5 acre tract ; described in a deed to Olen L. Spencer at al from Nennie Mae Cagle dated November 17, 1952 and recorded in Volume 384, Page 52 of the D,R.D.C.T:, continuing and passing at 21171.92 feet, more or less, the south boundary line of said 37.S acre Spencer tract, same being the north boundary line of a tract described in a deed to Bill Lynch from Ira E. Parker dated November 290 1979 and recorded in Volume tl~=fir 990, Page 305 of"the D,R,L,C.T., said point lying 2,160.0 feet, more •or.lesis west of the northeast corner of said Lynch tract, and ` continuing for a total distance of 29907.04 feet to a point lying in 3 the south boundary line of said Lynch tract, some being the north r :1 x right-of-way of said F.M. 428 for corner; s THENCE south 00 32' 35 vests passing at 200 feet, more or less the: south' right-of-way line of said F.M. 4289 same being the north boundary line of 'a tract described in a deed to Perry Lee Barthold et al from C, F. Adcock. at al dated January, 24, 1978 and recorded in A3 ,-Volume 8720 Page 413 of the D.R.D.C.T, continuing for a total distance !of, 2,056.0-feet to a point lying in the 'south boundary, line of' said Barthold tract, said point lying 1,150 feet west of the i i, southeast corner of said tract, same being the north boundary line of the First, Tract described in a deed to W. D. Hodges at al from sl George,W, Lowther dated January 14, 1942 and recorded in Volume 2950 Page 182 of the D. R. D.C.T, for corner; a THENCE south. 330 34' 21" east , passing at 2,791.63 . feet, more or less, south boundary line of point First Tract, said being feet west of the southeast corne.' of said First Tract, same ar being the north boundary line of second Tract described In a'deed to W. D, Hodges at al from George W. Lowther dated January 14,-'1+42 and -recorded in Volume 295, Page 182 of the b.k.D,G.T, and continuing for a total distance of 30586.6 feet to a point for corner; THENCE south a distance of 2,371.06 feet to the Point of Beginning, w and containing 587.3035 acres of land more or less. A-51 fJ-yBbtlayb.pMM-n - . •Ei. J Y. ♦!rtMU. a... nn.• ' - 4xmak...y RYa. 413 .x+ ~INS~'._ ti• I - Il `;MH':.'.r. rv.`•i l'.v. /ali!'irt.rv l i 1994L NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: Ilk The City of Denton Texas y , , proposes to institute annexation , ,•r proceedings to alter the boundary limits of said City to add the territory described in Exhibit "AI', attached hereto and Incorporated by reference hcrAin, to the corporate limits of tae City of Denton. I X^`` A Public Hearing will be held by and before the City Council of the G`ity of Dentons Texas, on the day of , K. 1967, at 7:00 o'clock P. M. in the C rtCCouncil Chambers o the i Municipal'Building.of the City of Denton, Texas, for all persons s interested in the, above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in' " the things and matters herein mentioned, will take notice. rtt tie `d A Public Hearing -till be held by and before the City Council of the City of Denton, Texas, on the day of I '4W R 1 087,. at 7:00 o'clock P. M. in the Ci-fy--Council Chambers o TWO, t''• Municipal Building of the City of, Denton, Texas, for all 'persons ~i interested in the above proposed annexation.• At said time and place all., such persons shall have the right to ppear and be heard. Of all said matters and things, all persons interesied in the things and matters herein mentioned, will take notice. Ord %I N prr. tl -9nTMS$ MAYOR 4 a t Oi r ATTEST: YYY~~r' ` r ~ENRIPIR W r 1 Q aye `rr~_~ t a p' rk 3y ° A 'r 1 s 3'r 5 ,r r y r 1y ~r i , H 4 Stu t ~ yyAMm'/q.u.w.*-... . .,M. .,.,....«xr.~rr a+W-rs'rVfid~4+~,qr.+`twe+.r•'.....«a......-....._.. _'e".. 'l, r , 1 EXHIBl"1 "A" ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the J. Clayton survey, Abstract No. 221, J, Lamar survey, Abstract No. 754, M. McBride survey, Abstract No. 8049 and more fully described as follows: BEGINNING at the southeast corner of a tract of land described in a deed to Richard W. Ragsdale, et al from Frank N. Martino, et al j dated October 2, 1975 and recorded in Volume 759, Page 879 of the ' E D.R.D.C.T., said point also lying in the middle of a channel of Elm f Fork of the Trinity River, said point also lying in the south boundary line of said J. Clayton survey; 7HENLE north 870 41' 1011 west along the south boundary line of said Ragsdale tract and the south boundary line of said survey, passing the northeast corner of the tract described in Ordinance XXXXX of the present city limits and continuing for a total distance of 1~i00.82 feet to a point lying 4,469.42 feet east of the southwest , corner of said Ragsdale tract, and in the present city limits line for corner; ,.h THENCE north, passing at 72S.U feet, more or less, the centerline of } said Elm Fork channel, said centerline being an east boundary '11no ! ,r, •'1 of said Ragsdale` tract, same being a west boundary line of the %i Second Tract of land described in a deed to W.L. Hodges et al' from George W. Loather et al dated January 14, 1942 and recorded' in k,. Volume 2951, Page 182 of the D.R.L.C.T., passing at 1,350.U feet, more or less, said center line of Elm Fork, same being the north boundary `line of said Second 'Pratt, same being the south boundary ' i line, of Said Ragsdale tract a distance of 29029.U feet to a point for corner; r THENCE north 330 34' 21" west a distance of, 2,380.87 feet to a point lying in the north boundary line of saiu Ragsdale tract, said rk'• ;re a 'point lying -2,67S.0 feet, more or less, east of the northwest corder j of said Ragsdale tract, same being - the south boundary line of a tract described in a deed to S M 4 R, from Michael C. Ramos, Trustee wl;, U "dated March 91 '1977 and recorded In Volume 825, Page 937 of the ~w D,R.D.C.T, for corner; ~S r THENCE; north 970 "21' 10" west along the north boundary. line of the nr~i,r said Ragsdale, tract,, some being the south boundary line of said °J " S M 4 R,tract a distance of 834.66.feet to a point for corner; 4' f114i", 111 . j -THENCE' north 00 32' 3511 . east, passing at 2,4u0,feet , more or less, t the north boundary line of said 5 M 6 R tract, said point lying J ` 1800.0 feet east of the northwest corner of said S M 4 R tract, same ; 3 being the south boundary line of a "tract described in.a deed to Oliver A. Fields from Sid Ford et al dated Mgy 3, 1937 and recorded in Volume 265, Page 364 of the D.R.D.C.T,, a distance of 39442.33 " feet to a point lying in the center line ofF.M, 429 for corner; A'51 i ! ,47 'ire ' ,,yhr......__ ,,......av..+v.wre..,w•af.+i,r:.wnek.ra. Wfl#+ubFaZ•,li~i,u.li:,bw. 1 Page 2 THENCE north 200 3U%' east, passing at 607.66 feet, more or less the north boundary line of said Fields tract, said point being 1,971 feet east of the northwest corner of said Fields tract, same the south boundary line of Tract 6 described in a deed to R. Venable from Ms, Deing ; recorded in Volume o450,ePaged635 of Lhelid ~ d October 16, 1959 and D. C T lying in the north boundary line of said J. Clayton survey, a n also south boundary line of said J. Lamar survey, continuing for atotal distance of 1,726.19 feet to a point lying in the north boundary t line of said Venable Tract o, said point lying 21119,6b feet east of the northwest corner of said Tract 6, same being the south boundary line of Tract 3, described in said deed to R. H. Venable for corner, # said point also lying in the north boundary line of said J. Lamar st survey and the south boundary line of said M. McBride survey; THENCE north 51 17 point lying in the north "boueast a ndary line[ of esaid 't'ract . J9 said point lying 3,970,0 feet west of the northwest corner of said Trac3, same being the south boundary line of a tract described in a deed to Perman 0. Smith from Charlie May and Maddin dated May 6 1955 ~ recorded in Volume 409, Page 451 of the D,R;D'.C,T, for corner; F THENCE north 160 57' S2" point lying in the north boundary lineanof Sol dl9Smithytract, said w Y, point lying 4,610,0 feet east of the northwest corner of said tract, i same being the south boundary line of a tract described in a deed to'. Eagle Farms, Inc. from John W. Porter dated July ly, 1979 and t~ recorded in Volume 963, Page 734 of the D.R.D,C,T, for corner; :THENCE north 80 30' west passing at 3,397.U8 'feet, more-or less, , .t F the north boundary .lane of said Eagle Forms tract, said 6S1,6S feet east of a north angle corner of said tractpsame being f i the south boundary line of a tract described in a deed to Clyde A. G Blakeley, Jr, et al from Charles DHall dated January 10g,1966 and a ;recorded in Volume S3S Page 434 of the b. R,D,C,T,, said lying in the center of an east-vest county' road known- asoMclinney J ti YVsa, Bridge Rd., continuing for a total distance of 4,330.04 feet to a point in the north boundary line of said Blakeley tract, said point,`. being B4'O0 feet east of the northwest corner of i ta to s g south boundary line of a tract described ina deed gto b t Bobby G. McDowell at al from Daniel H, Evans at al.dated December,; 1, Pw 1977 and recorded in Volume ,87S, Page 783 of the D, , point also- lying in the north boundary line of ch,e McBride survey and the south boundary line of the Tanzy survey foi corner; a THENCE south .890 13' east along said boundary and survey lines a distance of 149,05 feet to the northeast corner of said Blakeley R ' „F r tact, same being the northwest corner of a tract described in a A' s a deed to E. L. Hughes at al from Scenic Joli,t Venture dated December k;t` 3: 30, 1986 and recorded in Volume 29062, Page 311 of the D.R,D.C, ' THENCE south 890 06', ~1 ' 20 east continuing along said survey lines % and along the north boundary line of said Hughes tract 'a distance of 1 967,18 feet to apoint for Corner; A-51 t ' a ...,n,.4!d. Y,b. p.. r[w..ew.. , p E Page 3 THENCE south 80 3U' east, passing 85U.U feet, more or less, the center line of said McKinney Bridge Rd, continuing and passing at 2,700.0 feet, more or less, the south boundary line of said E. L. Hughes tract, said point lying 250.0 feet west of the southeast corner of said tract, same being the north boundary line of a tract described in a deed to b. M. Mahoney et al from Daniel M. Mahoney Realtors, Inc. dated January 30, 1981 and recorded in Volume 1,1153, Page 603 of the D. k.D.C.1'., continuing and passing at 3,325,0 feet, A more or less, the center line of Elm Fork, same being a west boundary line of said Mahoney tract, and the east boundary line of said Eagle Farms, Inc, tract, continuing and passing at 4,075.0 feet, more or less, said center line of Elm Fork, same being an east boundary line of said Eagle Farms, inc. tract, and the west boundary line of said Hiahoney tract, continuing and passing at 4,800 feet, more or less, the south boundary line of said D. M. W.oney tract, same being the north boundary line of a tract described in a deed to 0, Beaty et al from L. A. Beaty et al dated March 3U, 1950 and recorded 'in Volume 357, Page 6U6 of the D.R.D,C.1., and continuing feet t3 a point for corner; for a total distance of S,081.14 ` THENCE south 200 32' 3U" west, passing at 900.11 feet, more or less, the south.boundary line of said Beaty tract, said point lying k 29365.0 feet, more or less, west of the southeast corner of said tract,•same being the north boundary line of a tract described in a a , deed to Charlcie H. Townson from Reuben Cagle, Jr. dated January 13, f;y 1986 and recorded in Volume 1,801, Page 202 of the b.R.D.C.T.,, and continuinp,,for a total distance 1,563.54 feet to a point for corner, t 11 THENCE' south 760 02' 30" west a distance of 1,291.72 feet to a point being the northerly southwest corner of the remainder tract of w, said Townson tract, same being the northwest corner of a tract + described in a deed to the Veteran's Land Board of Texas from Patsy < Johnson Administratrix of the estate of Roy Miller Cagle, deceased, x said oint also lying in the east boundary line of 3S.043 acre tract desctpbed in a deed to Radford A. Fuller et al from Reuben Cagle, Jr., guardian of the Person and Estate of Nennie M.. Cagle dated t•-~t December 241 1975 and recorded in Volume 768,Page 973 of the D. R.D.C. T. for corner; r , µ THENCE south 40 281 west along the west' boundary, line of said I *~wt: Yeteran,'s tract, some being the east boundary line of said 35.043, acre Puller tract, passing at 434.4 feat the scorner tof oan 5.993 said Veteran's tract, same being the B he northwest % `r h acre tract- described in a deed to Radford A. Fuller et. al Erom.Roy Cagle ,dated April 4, 1966 and recorded in Volume 5361 Page 363 of the,D,k.D.C.T. and continuing for a total distance of 1,138.40 feet me being the southwest corner of sail 5.993 acre Fuller ' a point sa to tract, and a inner ell corner of said 35.043 acre Fuller tract, said , point also lying in the south boundary line of said M. McBrfor ° t survey, and the north boundary line of said J. Lamar survey, f ar > corner; ,{tr;r Y THENCE south 880 31' S0" east along the south boundary line of 1 w said 5.993 acre Fuller tract, same being the southerly north f, ; ,r F boundary line of said 35.U43 acre Fuller tract, and said survey. lines a distance of 30.U feet to a point for corner; ; a I a ; A-51 Page 4 ThENCE south 00 14' west along the east boundary line of said 3S.043 acre fuller tract a distance of 135.08 feet to a point, same being the southeast corner of said 35.043 acre Fuller tract, and Y being the northeast corner of a 52.0 acre tract described in a deed to Olen L. Spencer from Cynthia Ann B-).td Atlas at al dated April 17, } 198 and recorded Volume 1616, Page 907 of the D,k.D,C.'f. for corner; E THENCE north 880 31' SO" west along the south boundary line of said 35.043 acre Fuller tract, same being the north boundary line of said 52.0 acre Spencer tract a distance 1,250,0 feet to a point for ~I corner; i~ THENCE south 310 48' 16" west, passing 1,185.0 feet, more or less, the south boundary line of said S2,0 acre Spencer tract, said point •lying 2,096.71 feet, more or less, west of the southeast corner of t. said tract, same being the north boundary line of a 7.157 acre tract described in a deed to Olen L. Spencer at al from Roy T. Spencer j ` dated November 1, 1977 and recorded in Volume 868, Page 869 of the D.k.D.C.T., continuing and passing at 19300,71 feet the south boundary line of said 7.157 acre Spencer tract, said point lying 2,1S2,62 feet, more or less, west of the southeast corner of said tract, same being the north boundary line of a 37.5 acre tract F dascribed in a deed to Olen L. Spencer at al from Nennie Mae Cagle ' dated November 17, 19S" and recorded in Volume 384, Page 52 of. the h r D.R.D,C.T.', continuing and passing at 2,171.91 feet, more or less, a t<~ r the south boundary line of said 37.5 acre Spencer tract, same being the north boundary line of a tract described in a deed to Bill Lynch x from Ira E. Parker dated November 29, 1979 and recorded in Volume .r ~ 990, Page 305 of the D.R.L.C,T „ said point lying 2,160.0 feet, more . or less,,west of the northeast corner of said Lynch tract, and f{";! continuing for a total distance of 2,907,04 feet to a.point lying in the south. boundary line of said Lynch tract, same being the north ` y. ;aright-of-way of said P.M. 428 for corner; THENCE south 00 32' 35" vest. passing at 100 feet, more or less x; : • the -south right-of-way line of aatd P.M. same being' the north boundary line of a tract described in a deed to Perry Lee Barthold at a1 from C..F. Adcock at al dated Jauusry 24, 1978 and recorded, in ' Volume 8720 Page 413 of the D.R.L.C.T. continuing for a total ^ distance of 2,056A feet to a point lying in the south boundary line of said Barthold tract, sold point lying 1,150 fent west of* the southeast corner of said tract, some being the north boundary linet of the First Tract described in a deed to W. D. Hodges at `al from 1 George W. Lowther dated January 14, "1 and recorded in Volume 29S, . Page 182, of'the D.R.D.C.T. for cornet, '[HENCE south '330 34' 21" east, passing at 2,791.63 feet, more or less,' south' boundary line of said ,First Tract, said point being 1,7,50 feet nest of the southeast corner of said First Tract, some being the north boundary line of Second Tract described in'a deed to W. D. Hodges at al from George W. Lowther dated January 14, 1942 and recorded in Volume 295, Page, 182 of the L.k,D.C.T. and continuing for a total distance of 31566.6 feet tv a poli,t for corner; THENCE South a distance' of 2,371.06 feet to the Point of Beginning, and containing 587.3035 acres of land more or less. { A-51 a,I 'off ~ 414` =x + .J 1 .a Oat ff P CiJ4. LL E USA L8K Aure "NA,lrrt 4 IeTA< 11ay61re / h. ferry REF _ ~ 11 +,arP +YM. tt rl ulA P 9 - _ P+ CcanAV eAAVf(iA ' Y aM_ 199 u,r T A. eaweJ rr 1 h. it 71.fh r L J00 A. 1C IO h. !01A, - 1 ~ i; 7 { USA f it l M. tiGfe Y t J00 0 -"Ns 10 A, v UJA 01 t laa ! . Y i Y a,l N.u.LUAt AAA 4, &1 !CO l.WLL \ IAJ a At AA Auo6iAl Y n I/IIIe f4 CO AtlfN TAACTJ IQ 77th 1t fr1A, L y 2 .,I , / a1 t A,A[ P,1 .uNrJ it I i~ l Y Y R miv4v P l11 c 3- IC, , Y i MA, ® 4• 41 1ti N Pn y. 4 7f k TAt DMC otNNY ✓VNYI MRrtAf AUTO eNARIIJ #4C, e „ 17t Ft yak 1 IIA, \ ~1J b A[hJNe tJ 41 49 a,14 QOeANY Mc W'flL N• a' , y' P 11/k ° rN'frN 16.1 •1 IV JO A, r1YAa CRAYfR ~ NIA. n 414 A, 2 /CYfi RYTN I At 404, R N YJA 101. JO A, h,nr >1 rA< AYJNJ q 4 [A inn, 1114, A, 4i. 4 t11 J n ,A TO A, ' I A IO At 14611 //fMJ C RN YINAfis y Mfe/t/A /AU6N7 •II/ r t ML A, 4414, W+ 1RYION NI A,, INM, R N VJNAf/r IA, ✓olmes 1 11 A, . C, or AOCOCi 070 M a . i $#4A, ky ~ j , r v m Gvf MA IItRRY y 7/ l A, PAP, MANONfY 00 f/ f Ayp riY \ \ A.f fIeNOINNINO.lp4L 10444 0144 ,J71J4 ,Yn „ I i 0,~ //A, V MN , E MADO[N yRMAM JMRN 03. ?A, III A, Ads. 4 Ad jp Y E U [ /O1 / 4C 0 ArfAT1 Jr At a t ifIAt r" t 41 010 A•. ~ Y t , ,,x ~ ~ A M0fR11 PI a "l ff ls. so h. arr yy .JytA~" , Y V' M A, IYY7 a~~RM YfN41/f A, R>~ 4,1 III 7 A, 40 r ~p At N ♦ a aO woof 0 IRANaM Of !y 4 a ff .tk `1t N r71 IJ1M G 0♦1 Nlfh 1 , Ad t At 41k . , it. l , - yy k ~A+ug yf "CNA re 1 AR 44 I anf f'. yJJhr 711 q Allk } ro INI A, f►AU X 111 P If h 7 s~' : aY AIAe P1 alw``An i l1 Pa i y,; a 1kArvMtY t1 A, JO/Y .Y 40 A, Jf JAi y f M 6 nJt MWY 4Z~ N4 Ail OO I ~a Yr v y IytWlr llrfwlLif JI 1J 4 h Ira At f ♦ /d1 Ae • Atl. A'IY04tAN i YI V y 7 71.11, N I .1 !Sl ROM.M Nft Y ir/r , f C r 2 7 r Ns.fi, * As J4 *Afr NI I , Q W JI ~ 'O' E . a,~t rl 0 w r M f~ r'~t Ufk I f`h1 : N y b h `rP a ~ti A4 rcANNrOr !4 E a V• N s 5 Add r fM CO rNP•N I/Jt/l 11 r i I1 k 4 YI AI A ..2 w ♦ 001 "ANCr1 j nJt Y JIr A• L f/R or t/ANY NAr 11"'1 11 - 44 fAd uA, j' DRC 1} fJJ. A, 'r !IAltJ t1,~1 MAMA' kr/trf ✓f ILA hl f AYE i~ ` 'y' $ rN Ad teoY,% ar , h12A ! Y \ e 777 fR, • r i^` A'he ~ A Jot 011 AI 10140 / i P. PAC lip ctry+~.rM~rs .,a ~ .P T I DATE: ,1/0/20/87 CITY COUNCIL REPORT FORMAT C TOs Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECTt CONSIDER ADOPTION OF RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON PROPOSED ANNEXATION OF APPROXIMATELY 229.5212 ACRES OF LAND BEING PART OF THE W, TANSY SURVEY, ABSTRACT NO. 12531 S,A, 5 M.G.R.R. SURVEY, ABSTRACT NO. 12281 AND PART OF THE W. COX SURVEY, ABSTRACT NO. 291. (A-52) , . ` RECOMMENDATIONS Staff recommends public hearings on November 3 and November 17 with a special called meeting on December 8 to institute. ti S SUM RYi This annexation will COnttnue the plan of the City of Denton to extend its extraterritorial jurisdiction In Northeast Denton and "ti y~,W e S`w. to annex the Elm Fork of the Trinity River. The annexation is s rk t,r ` i , being done in an effort to control water quality along the waterway between Lake Rey Roberts and Lake Lewisville. µr F fyk EAC1fOR4UND: 14 The City of Denton has annexed property in this area on two previous occasions, The last annexation was completed on October It 1985, PROGRAMS] DEPARTMENTS OR GROUPS AFFECTEDS ~;r rf property owners Within the annexed area and all departments involved in the development process or in providing public service. ~~,r44 `M FISCAL IMPACTS t l The impact analysis has not been completed, Fire protection will be t, r^ the most costly City expenditure due to the distance from existing v lire stations, Re tfulll sub edf I I, ~ L1 d v. Harrell Prepared byf city manager a' f ' } T +k`~Ceoile Carron Urban Planner rr C Approved: David allieon Acting Director for Planning and Development r % .r t 1993L I, NO. A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT "A}' ATTACHED HERETO BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. i BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. On the 3 day of e r , 19870 at 7:00 o'clock.M..`in the City to uncil Chambers o the Municipal Build- ing of the City of Denton, Texas, the City Council will hold a public hearing giving all Interested persons the right to appear and be heard on the proposed annexation by the City of Denton, 1 Texas of the property described in Exhibit "A" attached hereto and 4 Incorporated by reference herein. On the /7,1 day of o.vem4 v, , 1987, at 7:00 o'clock P.M. a in the City Council chambers o the Municipal Building of the City sr, of Denton, Texas, the City Council will hold a public hearing giv- Ing all interested persons the right to appear and be heard on the u proposed annexation by the City of Denton, Texas of the property { ti described in Exhibit "A" attached hereto and incorporated by x reference herein. cr~r aN"~ SECTION it. The Mayor of the City of Denton, Texas, is hereby authorized an directed to cause notice of such public hearings to be' published once in a newspaper having general circulation in the a City and in the territory described in Exhibit "A" not more than ; e twenty days nor less then ten days prior to the date of such t r: , public hearings, all in accordance with the Municipal Annexation 'ivy Act (Article 970x, Vernon's Texas Civil Statutes), yYY'` SECTION III. This ordinance shall be in full force and effect immediately Following its passage and approval. , PASSED AND APPROVED this the day of , 1987. n l sA ~n !n , r; ATTEST s ;pfd', a % r. « APPROVED AS TO LEGAL FORM[ j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY { , r BY$ DOW t, / r V F : 7 I hXH! 6I1' "A" ALL that certain lot, tract or parcel of Lana lying and being situated in the c.junty of Denton, State of Texas and being part of the W. Tanzy survey, Abstract No. 1253, S. A. 4 M. G. R. R. survey, E Abstract No. 1228, and part of the W. Cox sus•vey, Abstract No 291, and more fully described as follows: 1 BEGINNING at a point lying In the present city limits, said point being tho northwest corner of the tract described in Ordinance No. XXXXX, said point also lying in the south boundary line of a tract Viand described In a deed to Bobby G. McDowell et al from Daniel H. Evans et al dated December 1, 1977 and recorded in Volume 87S, Page 783 of the D.R.D.C.T., said point lying 1,074.95 feet east of the southeast inner ell corner of said tract, same being the north boundary line of a tract described in a deed to Clyde A. Blakeley, Jr, et al from Charles D. Hall dated January IU, 1966 and recorded in Volume 533, Page 434 of the D.k,D.C.T., said point also lying in the south boundary line of said W. Tanzy survey, and the north boundary line of the M. McBride survey, Abstract No, 804; THENCE north 80 30, west k the north boundary line of passing said ngM Dowelll ~tracte8 s,aido point lying 381S.0 feet east of the northwest corner of said tract , same being :yf the south boundary line of a tract described in a deed to John Porter Auto Sales, Inc. from Sam Evans et al dated August 13, 1971 and recorded in Volume 617, Page 539 of the D.R,D.C,T., continuing 4 and passing at 1445.0 feet, more or less, the north boundary line of said tract, said point lying 7b1,S0 feet east of a northeast inner i ell corner of said tract, some being the south boundary line of a I tract described in a deed to hike kamos from John Porter Auto Sales I Inc. dated September 10, 1984 recorded in Volume 1530, Page 151 of the D.R.D,C.I., continuing and passing at 1699.02 feet, more or . i less, the north boundary line of said tract, said point lying 730.0 feet, more or less, east of the northwest corner of said tract, same p being the north boundary line of a tract described in a deed to Susan Porter from John W. Porter Auto Sales r Inc. , dated September 100 1964 and recorded in Volume 1530, Page 147 of the D,k.L.C.T'.0 continuing and passing at 1,982.52 feet the north boundary line of •,F„ said tract, said point lying b7S,70 feet, more or less, east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to John R. Porter from John W. Porter Auto Sales, inc., dated September lU, 1984 and recorded in Volume 1523, Page SOS of the D.k,b,C,T., continuing and passing at 21284.51 feet the north boundary line of said tract, said point lying 633.54 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to Vaughn Andrus c w1' from John W. Porter Auto Sales, Inc., dated September iu, 1984 and , recorded in Volume 1523, Page 501 of the D.R,U,C.T., continuing and t, passing at 2,610.46 feet the north boundary line of said tract, said point lying S88,04 feet east of the northwest corner of said tract, ' same being the south boundary line of a tract described in a dead to A•S2 % 4 i 1 • . I i Page 2 Ann Andrus from John w. Porter Auto Sales, Inc., dated September 10, 1984 and recorded in Volume IS239 Page 513 of the L.R.L.C.T., { continuing and passing at 2,948.91 feet the north boundary line of said tract, said point lying 538.U feet east of the northwest corner j of said tract, same being the south boundary line of a tract ` described in a deed to Betty Cochran from John Porter Auto Sales, Inc., dated September IU, 1984 and recorded in Volume 1523, Page S17 of the D.R.D.C.1., continuing and passing at 30492.77 feet the north boundary line of said tract, said point lying 246.06 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to the United States of America from Jo Ann Burger dated October 16, 1981 recorded in Volume 1107, Page 209 of the L.R.L,C.T., and continuing for a total distance of 5,358.85 feet to a point lying in the north boundary line of said tract, said point lying 3,177.a8 feet east of the northwest corner of said tract, same being the south boundary line of a tract a described in a deed to the United States of America from John W. Porter at al dated August 14, 19bl and recorded in Volume 1,096, Page 787 of the D.R.D.C.T., for corner; THENCE north 200 17' 32" west crossing the north boundary line of said Tanzy survey, and the south boundary line of said S. A. 6 M. G. j R. R, survey, continuing and crossing the west boundary ling of said S. A. 8 M. G. R. R. survey, same being the east boundary line of said Cox survey, a distance 2,750.0 feet to a point lying in the centerline of F.M. 455, same being the approximate center line of. the Corps of Engineers' Lake Ray Roberts Dam, for corner; i' THENCE north 690 421 2811 east along the approximate centerline of " said F.M. 4S5 and Lake Ray Roberts Dam, passing at 300.0 feet, store t or less, the east boundary line of said tract, same being the west ry boundary line of a tract described in a deed to the United States of America from Bertha Woodson at al dated April 12, 1982 and recorded in Volume 1136, Page 776 of the L.R.D,C.T., same being the east "tlNw j k , boundary line of said Cox survey and the west boundary line of said S. A. 6 M, G. R. R. survey, and continuing for a total distance of 1;200,0 feet to a point for corner; ; s.i ? THENCE south 200 17' 32" east, passing at S75,U feet, more or less, the south boundary line of said tract, said point being 12S.0 ; feet, more or less, west of the southeast corner of said tract, sane being the north boundary line of a tract described in a deed to the ` United States of America from William L. Campbell, Jr. at al dated April 12, 1982 and recorded in Volume 1136, Page 801 of the D.R.D.C,T,, same being the south boundary line of said S. A, 8 M. G. iY,,'s±;k•±~. R. R, survey and the north boundary line of said Tanzy survey, and continuing for a total distance of 20873.93 feet to a poirt for corner; 4 1 t THENCE south 80 30' east, passing at 250.0 feet, more or less, the i 5,~4 south boundary line of said tract, said point lying 100.0 feet, more or less, west of the southeast corner of said tract, same being the q i lo, A-S2 !0 k •.-,;,.'r.,.b.",.e,tid0ilY.nd ;kdt'.fhWY^rdr43#I!9 ' y Page 3 , north boundary line of a tract aescribed in s deed to Charles W. McCallum from John T. Campbell dated August 2, 1960 and recorded in Volume 4S8, Page 3o2 of the D,k.D.C.T. ana continuing for a total distance of 5680.83 feet to a point lying in the south boundary line e of said tract, said point lying 72U.U feet, more or less, west of the southeast corner of said tract, same being north boundary line of a tract described in a deed to E. L. Hughes from Scenic Joint Venture dated December 300 1986 and recorded in Volume 20o2, Page 311 of the D.R.D.C.T., said point also lying in the north boundary line of said W. t'an:y survey, same being the north boundary line of said M. McBride survey for corner; THENCE north 890 06' 20" west along the south boundary line of said McCallum tract, same being the north boundary line of said Hughes tract, and along said survey lines a distance of 967.18 feet to the southwest corner of said McCallum tract, same being the northwest corner of said Hughes tract, same being the northeast corner of said blakeley tract, and the southeast corner , W. Porter Auto Sales, Inc, tract, for corner; of said John 1'tfl:NCE north 690 13 west along the north boundary line of said blakeley tract, same being the south boundary line of said John W. A potter Auto Sales, Inc. ana said survey lines a distance of 249.OS feet to the Place of Beginning and containing 229,5212 acres of land, , v - r.' ` t t ~ a• i.° F. JS A•52 rays ~ ~ ~i ' ~ 'SA rJ~+• ev A ~y YYYYpr irv J R , YIAi„ 5i Y 1 y. yyr~F~ 'J a a 1993L fr I NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to U stitute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and incorporated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of 19671 at 7:00 o'clock P. M. in the Cr y Council CF-ambers o the 14unicipal Euilding of the City of Denton, Texas, for all persons iuterested In the above proposed annexation. At said time and ' place all such persons shall have the right to appear and be heard, Of all said matters and things, all persons interested in 9i the things and natters herein mentioned, will take notice. r't A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of , 19871 at 7:40 o'clock P. M. in the CITy Council Chambers ofth " Municipal Building of the City of Denton, Texas, for all persons 1 interested in the above proposed annexation. At said time and s' place a,II such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things, and natters herein mentioned, will take notice. I 1~ V t i I ~ RAY-STEPHENSo MAYOR r I 1Y " of - , r . ATTEST: er'r 'I •.t + !t i 111 JENNIFER WAL r e 1 r a r' ,i' f CITY SECRffW A.52 r! .f~ - «.,.,;l,°....«a~N aslr~e.wUJYM.vM vry.,wx..-.. . t - 1' j. tXHIBIT "A" s ls,g and being tract or parcel of Lana lY art of 1 ALL that certain lot, of Denton, State oe Texas and beinw p 1y s situated in the Coun Abstract No. 1253, 5. A• 4 G• R• R. survey, 251, j the W. Tanzy survey, Abstract ` and part of the W. Cox survey, Abstract No. 1228, No ( and more fully described as follows: oint BEGINNING at a point lying in the present city limits, said p being the northwest corneiu fl~hLhersoutleb undaryiliOedofaactract XXXXX, said point also ly 8 , Mc0owel! et al from Daniel oE-Tand described a deed to Bobby G , o 87r5, easnt S; H. Evans al dated Uecembesaid~ p 1oi5?7nt and ayidng recorded 1 074.95 in feVolume th . Page 783 of of tlse U. k.D,C.T., same being the southeast inner ell corner of said tract, A. Blake ley, boundary line of a tract described in a deed to (;yde a and recorded Hall dated January point also lying in al from Charles L• 'Jr, et said survpey, and the north in Volume 53$, page 34of oEth D.R.W Ii-C.T., the south boundary line Abstract No. 804; ° boundary line of the hr. McBride survey, more or less, at IU61.98 feet, Dint lying said BMcDowell tract, said p the THE[3C nliornth north 80 301 3U~ linet of passing S the 81S, s0outfeh et beasoundtaory of the northwest corner of said tract , same being line of a tract described in a deed to 'John. 1971 Porter Auto Sales, inc. from Sam Evans et al dated August 23, cam„ ont i nui ng boundary line of and recorded in Volume 627, Page Say of the north. c lyln8 more or east of a northeast line iona and passing at 1445o1nt feet, y Said tract, said p the south boundary ,~'811 corner of said tract, same being page 151 of amos tract described in a deed 1984yirecord d inoVolume 153u,r Auto Sales, September 10, and passing at lbyy.Ul feet, more or Inc. dated , continuing point lying 730.u the DoR.D-Col " line of said tract, said p same 21fir less, the north' boundary t he n ' feet, more or less,' east ofllne oirta wcractodescribedaiintaBCdeed , to er lrc., dated Se ember „x being the north bou , John W ndary a 147 of the D,k, Susan 1984r end (recorded in. volume 1530, YaSaiges, line of lo, at 1,982.52 feet the north boundary t of the continuing and said passipoing nt lying 675.70 feet, more or less, line said tract, the ter frown John No " of aid Porter northwest corne~ibed in a deed tract, saime Junnbk~nPor Auto S814 orded' in Volume of,a tract del c•, dated September 10, 1W and rec 1A«~ s , . and passing at, 21284.51 i Auto . 1523, Page SUs of the D. R. L,C,T'., continuing the r, lie of sai tctaid cornerdafrasaisd straca~tagYaughni A drus feet the north bound~arihxest east of the n feet 3 < r, line of a tract described In dated aSeptember ' 1u, 1984 and Inc., boundary costinuing and , south Erom John W. Porter Auto Sales. s$0, of the U.R,U,C,T., recorded ,in .Volume 15231 line of said tract, said passing at 2,610.46 feet the north boundary' eas point lying 58gsoutheboundary lof t inehof artracttdescribed fin ai deedatos same being the , K( p A-S2 el r5 ~ x a" C L 1 Page 2 Ann Andrus from John 6. Porter Auto Sales, Inc., dated September 10, 1984 and recorded in Volume 1523, Page $13 of the D,R,D,C.T,, continuing and passing at 2,968.91 feet the north boundary line of said tract, said point lying 538,u feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to Betty Cochran from John w, Porter Auto Sales, inc., dated September IU, 1984 and recorded in Volume 1523, Page 517 of the D.R,D,C.7., continuing and passing at 31492,77 feet the north boundary line of said tract, said point lying 246.06 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to the United States of America from Jo Ann Burger dated October lb, 1961 recorded in Volume 1107, Page 209 of the D,R,L,C,T., and continuing for a total distance of 5,358.85 feet to a point lying in the north boundary line of said tract, said point lying 3,177.68 feet east of the northwest corner of said tract, same being the south boundary line of a tract described in a deed to the United States of America from John W. Porter et al dated August 24, 1961 and recorded in Volume 1,096, ' Yage''787 of the D.R.D,C,T., for corner; 1 "THENCE north 200 17' 3211 west crossing the north boundary line of said Tony survey, and the south boundary line of said S. A. f, M.. G, ?L ~E ,SF R, R, survey, continuing and crossing the west boundary line of said t, . S. A. R. R. survey, same being the east boundary line' of said Cox survey, a distance 2,750.0 feet to a point lying . in the centerline of P.M. 455, same being the approximate center line of ~;•a the Corps of Engineers' Lake Ray Roberts Dam, for corner; THENCE north 090 .42' 28" east along the a said F.M. 455 and Lake Ray Roberts Dam approximate centerline passing at 300.0 feet, more re or less, the east boundary line of said tract, same being the west boundary line of a tract described In a deed to the United States of America from Bertha Woodson et al dated April 12, 1982 and recorded i ill Volume 1136, Page 776 of the D, R, D,r,,T,, same being the east ~rl r, 'boundary line of said Cox survey and the west boundary line of said 4 S. A. 4 M, G. R, R. survey, and continuing for a total distance of C"~ G 1,200,0 feet to a point for corner; r' THENCE `south 100 17' 321' east passing at 515.0 feet, more or K'~ ?r 1 less, the south boundary line of said tract, said point being 115.0 feet, more or less; west of the southeast corner of said tract, same being the north boundary line of a tract described In a deed to the United States bf America from William b. Campbell, Jr, et al dated April 12, 1982 and recorded in Volume 1136, Page 801 of the $ D.Rib.C.T~q same being the south boundary line of said S, A. 6!, G, i H. R,,survey and, the north boundary line of said Tan:y survey, and continuing for a total distance of 2'673.93 feet to a point for corner; THENCE south 8o 3U' east , passing at 250,0 feet, more ir less, the south boundary line of said tract, said point lying 200 ,U feet, more i, or less, west of the southeast corker of said tract, some being the j ",4 1 A ! G ' i A.52 ; ' a ..w ra. ♦a. ir,~i ,,a oM1 , 1 +lnr. ~fol'a1~Yi11#`+Mk ~n'Wi1'~/.W►r'..eer•s»w.a...w»..~.....,`_ F e i.I . k4 n' . Page 3 north boundary line of a tract described in s deed to Charles W. McCallum frci John T. Campbell dated August 2, 1960 and recorded in Volume 458, Page 3be of the D. h. D.C.T. ano continuing for a total I i distance of 5680.83 feet to a point lying in the south boundary line of said tract, said point lying 72U.U feet, more or less, west of 'the southeast corner of said tract, same being north boundary line of a tract described in a deed to E. L. Hughes from Scenic Joint Venture dated December 3U, 1980 and recorded in Volume 2Ub2, Page » 311 of the D. R.D.C,T., said point also lying in the north boundary line of said W. Tanzy survey, same being the north boundary line of said M. McBride survey for corner; THENCE north 890 06' 20" west along the south boundary line of said McCallum tract, same being the north boundary line of said r, Hughes tract, and along said survey lines a distance of 967.18 feet to the southwest corner of said McCallum tract, same being the # c northwest corne, of said Hughes tract, same being the northeast G corner of said blakeley tract, and the southeast corner of said John "t 'W Porter Auto Sales, Inc. , tract, for'corner; r¢ q`. THENCE north 890 13' west along the north boundary line of said ff 4 ' 1 Ulakeley tract, same being the .south boundary line of said John W. i ' Porter Auto Sales, Inc, ana said survey lines a distance of 249.US , Poe it, to the Place of Beginning and containing 229,5211 acres of land. t~ n + k J : Neal rT ~ t yy Y / o. L ? '4 N 6". r l4 I ~ V S ,~1r .'`v Y4'1' c " ;rY `,97 f I ~ s ~ lu i/1;, I 1 iy~rlg r a' r,i;: ^7a4( r"J •ti 7 " J ~I yy { r Y, ; , f A-52 f; ~ µr,• r j, 4 r tIJ+ aid ~ L 't. ~'l ~ _Pr ~ Pi +.O,ti9\ =d t~ I!1 as ,Od ^C114 ~ Q. P 7LrA, L.IA 0 60 P 11' SAC vaA 4 ,P NO'!./ h . dit re E 9 _ LBK Avre frog s tiff O - it°r G.wII 1 UJA 7fYl lL vg9 . r t r X99 v1A rrtA. t c a'Vuwuu tt+A, Jo A, MA, c 41 i •i y! , I ^k~ Jrl ,yt11RR• UJ .II?r\~W4 1 ! % Or Y til 2,1 A, % 11 O i4~"1 ~ 4 ./ONN MRtrR 0 1 T [wAf McGA,L UM 7a4 EOJ {I 1 71 rtt, 4A. y,► JVrO y+ 1~ M1 6J i tc0 964 fR,cs p IN I I.' JO,1 RV4GER tia ^ P Iw 777A. 14 t P AL6rN .j. fy 171A, Y rrllr Jt AI ► y :Arq NLI 111V y ` ` u R MrNMrf # M1 \ its A. 'iJw! '04 i ?4 A. ♦ o J.4 7~4 L Q tti JONN /OAITEA AvTO GNA ~ Rirf ii rrr If DMC OfNNY nl M1r8 n 177 AI \►i 1 114 t /RJ N M01T M \ 4 OOeAY M< p0µlLL h y w 11fAe li.t r , f1. JO 11 Y1. 9 ` = AS VNCrN CRAMP 9 t11L b4 111 A, 2 A'vrN JONrJ II A< ~N V!, AIL J Mt 00 IA 70 Ac t Ot. 7A, 1 'p 4 t1/1. r 1 R 10 At CRGLI ow$jr t RN YCNAOt! 1 /ATRICIA rAfIt;1T r/1J ' ' NL A, Itr141 I N VfhAILf W+ RRYION s 111 A, O HER 0~' ! u1 PAC r G r AOCOGR 171 M ~fOM r ~ /RJAr O DAYI MIj ARCRRr TI.lh RAt ' ANONer 10Il +;i W 1~r A,C t{1N01NNINt .IML i X10 11.14 • 7 + r k coos r/h t MA/ IS r4 AOORN \ 1r1 y_ f IOt f rJRM4Af4M/TN O I Ac i I 1i3h"1 ~e EA Y` .A, I ar4rf t14 It1N. }~1 v w Al Ai, Ad CIto r x R A. tihJ ' /IIAd nr, ~ArrN VlNA&t dt i f A//rA1 k1 0 t I! r i 4 + , 4\ ` 1 , 1 1 W//r I LWAA1H fie, ML1 At L ♦wr ~.CN G.R At. AI Irti, N,I4 uf,y r 111 1 iYrrpplRrr lIr + .9p 04, 1 INfN rkx„ L~ 1 JJh + ♦ 41 At ! V 1Aa 1 ~1~y0 N \ q'{ .I 6WMlNNfY Ar fA~ ♦ IOtiJ y a►♦ 11.4 , u/AI y "wy12e r14 tli:r O 4 I7lt #o)4, 11 f 4 ~',f - r ~ 1RWkf RNW%AAPLf : IlM Mf. MrOMIN ~ r/.IA, NC rROMM b 0 fA `~1 I.v • l 7 r IJa/A, C •nOr JJI 4 A. JRJ4 '"ErI n r~ 1 i°,:: ~ I N/ A 111 rra1 1 N 16 y C 1114 $0 4 ♦ \ l Ad hAMMfRY 1►\`0+~ ~ a 'OI Vp te OF I ri IAr t rNLNR %I ~!%i 00 Rfl W ; 4 N AS ry t r 6AR~IMNMCr1 1 1 ti l 11 . 4 P 1. IAINr : r/ANr MilrlNl J GAIT t r © "440 VILA tA1 `A Ad I oAC J As { rRANN krNTA JA ''WARM iiiin~~l~ti~ r v ~ $ h S~ IR '01 e I , ~ I 1■ 11 /eAr ~ 1t ~1iy~ ~ ~ J,1~1A1 ' fOJAA : ! K~ if , t R►1 A IZ Ail A~ le 1, TAt to, ~~~~~1~ ~ iY/1YM or I 1 , Ir VIC BURGESS JUDGI r COUNTY COURT OF DEMON COUNTY 612 JOSEPH A. CARROLL COURTS BUILDINO .p' 401 W. HICKORY DENTON. TEXAS 76201 4fjj r October 6. 1987 ~.n ~lfB 8 ,100 on r t ' Honorable Ray 'Stephens Mayor, City of Denton V 200 E. McKinney Denton, Tx 76201 Res Courthouse on the Square Dear Mayor Stephenss on behalf of Denton Count Commissioners Court s I*~ , I would like to formally request that an item be placed on the Council agenda to permit Hickory Street, between Elm and Locuatr to be closed briefly on Saturday# November 21, 1987. ` At that timer Denton County will be conducting ti caremonins to formally open the Courthouse on the Square. Many elected officialn and interested citizens will b* present. The festivities will commence at 900 a.m. Jf E and will conclude at 1200 p.m. Pleass advise me if it is necessary for me or a member of my staff to attend the council stating y MX;' when this item it discussed. Your cooperation is appreciated. +Yours trulyr yE , phi VV VV! t +~c{s,~r ¢ fr VIC BURGESS z t MEi , fi' County Judge , cci Commissioners City council t ; ~~r11 xs ,~d I ' , rL ¢ kl ~ u{rp°; 1 i rr~4. 41 Yt E ~ i~ , e. w'L`AJV.ivMa,H.b l'%rtYWYGK'+Ynw.w~ +wJVt.1r,I{Y¢i1Yl.Y,srwa Yen e..~...sev,ew•wJr N...e~....•' 1 ` y .E ! r'g~ ,i nT L ,i'f t, t j 2000L RESOLUTION NO. A RESOLUTION TEMPORARILY CLOSING HICKORY STREET BETWEEN ELM STREET AND LOCUST STREET ON NOVEMBER 21, 1987; AND DECLARING AN EFFECTIVE DATE. WHEREAS, County Judge Vic Burgess has requested that Hickory Street between Elm Street and Locust Street, all public streets within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 6:00 a.m. to 12;30 p.m, on November 21, 1987, for the purpose of formally opening the Denton County Courthouse on the Square; and WHEREAS, Judge Burgess has further assured the City Council ~A that all businesses have agreed to such closing; NOW THEREFORE, N,r BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: gip] F, SECTION _1. That Hickory Street, between Elm Street and x Locus street, public streets in the corporate limits of the City Of Denton, Texas, be temporarily closed to vehicular traffic fron' ; riq f',,7t ,°,f the hours of 6:00 a,m, to 12;30 p.m, on November 21, 19870 for the p'urposo of formally opening the Denton County Courthouse on the Square. A. 14 SECTION It, That the City Manager shall direct the appro- priate fe City do artment to erect barricades at the intersection of Hickory Street with Its Intersection of Elm Street and its .Iit►tetsectlon with Locust Street at 6:00 a,m, on November 21, 1491, and to have the same removed at 12:30 p,m, on said date. SECTION 111, That this resolution shall become effective tmmial;te y upon its passage and approval. PASSED AND APPROVED this the day of November, 1987. ~N N F 5 r r~ 1,4 ( s r 4 RAY STEPHENS, RX OR ATTEST APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY AT"ORNEY RD At . . ^iNr.rclu,.. ail. r ~ - ..,...•,•„.,,.wb.a F.iyUi,,fi~,i.WYJ.' DYSyArrAd•1U.y '~r r ~ 1 4" , r 2029L ? i RESOLUTION NO. » A A RESOLUTION AUTHORIZING THE CONDEMNATION OF PROPERTY FOR DRAINAGE «7 AND STREET IMPROVEMENTS AND DECLARING AN EFFECTIVE DATE. WHEREAS il of the City of Denton has hereto- , the City Counc fore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and r n WHEREAS, the City of Denton has been unable to agree and cannot a ree with the owners upon the value of the hereinafter described right, title and interest in the hereinafter described lands situated in the City of Denton, Denton County, Texas; NOW9 THEREFORE, {gyp r~ s ~ ~ ° :r BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON., SECTION I. That the City Council has determined that is is necessary an3' desirable to construct and make certain street improvements along Woodrow Lane, and, in conjunction therewith, to construct and make certain bridge and drainage improvements over, along and across Pecan Creek. SECTION 11. That the City Attorney of the City of Denton, ~ti'a',nY Texas, s ere y authorized and directed to bring condensation proceedings to acquire title to and possession of said properties rfor street and drainage purposes, in accordance with the laws of t' .iMthe State of Texas. ryd; rL SECTION III. That the properties needed for the street, b'ridgg0 n~r re nage improvements, and for. which condemnation is b. hare by, are described in Exhibit "A", attached hereto N~ , tom' ;authoriied and incorporated herein by reference. SECTION IV. This Resolution shall become affective from and ~ i after is a e of passage. = PASSED AND APPROVED this the day of April, 1984. MAYOR ATTEST: s a' ' APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVII,Cli, CITY ATTORNEY " ti B7 { f , . J C M h fib' EXHIBIT "A" a I DRAINAGE EASEMENT ar sl., ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the E. Morris survey, Abst. No. 868, and also being part of a tract of land described in a deed from Ronnie Phillips, substitute trustee to Justin State Bank of Denton dated April 9, Y,,, •.t 1987 and recorded in Volume 2141, Page 582 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of said Justin State Bank ",rrti tract, said point lying in the middle of Woodrow Lane and in the ;S west boundary line of said E. Morris survey; THENCE north 880 16' 38" east (by deed north 890 S7' 231, east) along the north boundary line of said tract, a distance of ,r 489,91 feet to a point for a corner; N THENCE south 10 13' 36" east, a distance of 109.73 feet to the r~ t northeast corner of a tract described in a deed to Drill Equip, F' Inc., recorded in Volume 1203, Page 96 of the Deed Records of Denton County, Texas; f: THENCE south 880 OS' 18" west (by deed south 880 10' `20" west, 481.06. feet) along the northerly south boundary line of s. v 9 said -Justin State Bank tract, same being the north boundary, line of sofd Drill Equip, Inc. tract, a distance of 481.08 feet to the k~,!; northerly southwest corner of said Justin State Bank tract, same being the northwest corner of said Drill Equip, Inc, tract; ay a, ~ ~ . THENCE north 10 39' 2211 west, (by deed north 00 21' east, I 108.34 feet) along the northerly west boundary line of said /P44 /+1-R, 4 r[ ^~ks~, ti g Ir Justin' State Bank tract, same being the west boundary_ line of F ,..5 said E, Morris survey and in the middle of Woodrow Lane, a distance of 111.31 feet to the Place of Beginning and containing ry 1.23 acres of land, more or less. ~ h 5 {E a3~ H n. a, ~ k!! Y tf gyp. „0.rk.+ w.tl..•':itwii •5.:.b*l ~.,a a +axs r.a. ae..... p/~.rx.n.. o + ~f + r 7 *k " t 14 ee I Mf f A a EXHIBIT "A" (2 of 2) STREET RIGHT OF WAY y' 147 ALI. that certain lot, tract or parcel of land lying and being f situated in the City and County of Denton, State of Texas, and being part of the E. Morris survey, Abst. No, 868, and also being ypart of a tract of land as conveyed from Burley E. Lauderback to u; Justin State Bank by deed dated April 29, 1987 and recorded to Volume 2141, Page 582 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southwest corner of said tract, said point also I, 'r' dying in the west boundary line of said E. Morris survey, said point also lying in a north-south public road known as Woodrow } j', Lane; , rc i it c` THENCE north I° 39' 35" west (by deed north 00 21' east) along the vest boundary line of said tract and in said road a distance of 111.33 feet to the northwest corner of said tract for corner; THENCE` north, 880 16' 38" east (by deed 890 57' 23" east) r along "the north boundary line of said tract a distance' of 77.06 w r,, V feet to a point for corner; aw , THENCE south S0 19' 52" west a distance of 36.97 feet to a fR s pot' t for corner; THENCE south ,00 45' 2611 east a distance of 74.19 feet to a point lying in the south boundary line of said tract for corner; 'i 6% o 051 1811 west (by deed south 890 53' got THENCE south 88 rllFS,„. k West) along the south boundary line of said tract a distance of $"Ff{ 78,26 feet to the Place of Beginning and containing 0.1999 acres f ,t~ • ofland,.more or less. 6 { h .i J , t t P g~--_. •,n u. t , s, y' 1 E 1 ~i EXHIBIT "A" (1 of 2) DRAINAGE EASEMENT Y`t ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the E. Morris survey, Abst. No. 868, and also being 4`,* part of a tract of land described in a deed from Chad E. Lauderback to Drill Equip, Inc., dated March 24, 1983 and recorded in Volume 1203, Page 966 of the Deed Records of Denton County, Texas, and more particularly described as follows: J b { { ! r { ~ TRACT I point r t BEGINNING at the northwest corner of said tract said „ e lying in the middle of Woodrow Lane and in the west boundary line of said E. Morris survey; THENCE north 880 OS' 18" east t (by deed north 880 10 2011 i east) along the north boundary line of said tract a distance of 325.0 feet to a point of a corner; f'i RyK i r p,''ti THENCE south 370 30' west, a distance of 161.79 feat to a point s a~ for a corner; k r r THENCE south 880 05' 18" west, a distance of 222.10 feet to a §<<' point' for a corner in the west boundary line of said tract and survey, said point also lying in the middle of Woodrow Lane; :THENCE north 10 59' 45" east (by deed North 1026' 10" west)., along the middle of Woodrow Lane and the west boundary line of E,'s +ata,,/ said tract and survey, a distance of 125.0 feet to the Place of 5,a Beginning and containing 0.7850 acres of land, more or less. k~ TRACT 2 ' BEGINNING at the southwest corner of said tract, said point lying in the middle of Woodrow Lane and in the west line of said E. .,~r. Morris survey; THENCE north 10 S9' 4S" east (by deed north 10 26' 1011 west) along said lines a distance of 100.01 feet to a point for a corner, THENCE north 870 43' 43" east, a distance of 477.59 feet to a tw: point in the east boundary line of said tract for a corner; `kF fi' THENCE south 10 13' 36" west (by deed south 10 26' 10" east), ; yap"4 along the east boundary line of said tract, a distance of 100.03 V feet to the southeast corner of said tract; j , F) THENCE south 870 43' 43" west (by deed south 870 44' 20" west), along the south boundary line of said tract, a distance of 476.25 feet to the Place of Beginning and containing 1.095 acres of land, more or less. r . "1 41 1 pp i is + f ° a' I EXH13IT "A" (1 of 1) r ti , < t.' STREET RIGHT OF WAY ALL that certain lot, tract or parcel of land lying and being j situated in the City and County of Denton, State of Texas, and being part of the E. Morris survey, Abst. No. 868, and also being part of a tract of land as conveyed from Burley E. Lauderback to ` ye. r Dr 111 Equip, Inc, by deed dated July 100 1986 and recorded in Volume 1927, Page 393 of the Deed Records of Denton County, Texas, and more particularly described as follows; i BEGINNING at the southwest corner of said tract, said point also lying in the west boundary line of said E. Morris survey, said point also lying in a north-south public road known as Woodrow 4 ' Lane; THENCE north 010 59' 45" west (by deed north 010 16' 101, t; 4.»f.< west) along the west boundary line of said tract and in said road ~s`,a t r a' distance of 363.17 feet to the northwest corner of said tract a; " t for corner; THENCE north 880 05' 1811 east (by deed north 880 10' 2011 east) along the north bouadery line of said tract a distance of 78.26 feet to a point for corner; THENCE south 00 45' 2611 east a distance of 125.81 feet to a ' "point for cornet; THENCE -south 70 02' 25" west a distance of 240.07 feet to a ~ point lying in the soutfd boundary line of said tract for corner; THENCE south 670 43' 43" west (by deed south 870 44' 20" west) along the south boundary line of said tract a distance of e~JAar 37,85 feet to the Place of Beginning and containing 0.5308 acres ryy of land, more or less, j t Y a pF ~~V f, t4L~~ X. 1 s , +.1>Lryhal h~~jt,~~t ~ ,9. `l A'A S rr;y ~r r ' J f DATE: 10/20/87 CITY COUNCIL REPORT FORMAT council TO; Mayor and M.mbvra of the City FAOMs Lloyd V. Harrell, City Manager ; i ^4` SUBJECT; RECOMMENDATION or SALE ON CITY OWNED PROPERTY -NORTHEAST CORNER OF d BOLIVAR AND W. OAK STREETS. i RECONMENDATION: ' The Planning and zoning Commission considered this item at its a a meeting of October 1987 and voted to recommend the sale of the ; property to the City Council. s ! t SUMMARYt This is a request for the sale of a City owned tract at the ' northeast corner of W. Oak and Bolivar Streets. A prospective owner wishes to purchase the adjacent tract to the east as well as the subject tract of 11356 square feet. k,~s` a t ^e 7, SACKGAOUND I S r. r, This method of disposition will give the prospective owner ` `rtis'r( additional frontage on Bolivar Street, allow the City to profit from the sales pltlce the property on the tax roleal and retain the necessary right-of-way for Bolivar Street. i, 5, , N 14, 4F pppGR11lS8 ' DEPARTMENTS OR GROUPS AFFECTED: Not applicable. R:,., ( l FISCAL IMP7ICT: r ~9 x The City will benefit from the sale of the property and increased t 4 a t " tax revenue. lh 11111.!' ! i ~5} K I~FY t ~ V• tad R ctE u1 ~s Ll od V. Harrell ' City Manager 1 Prepared bys i q+~# : (N7,~ Denlee S Ivey a Urban Planner op,' ~ ~f 1 ~`z'a Approved$ q' q~Yia~ y.~ " !i J~ ~ ~ • .-i ~ _ ~ it Ellison r,1 `sa 3 David Acting Director for f `'a Planning and Development yr1~. 4 26904/4 t 1 a , 4 Q I - h L '.4 1r f * CITY of DMTON DENTONF TZ"S 70901 ti 4 r r r MEMORANDUM 3S r ! e r, r til DATE: October 14, 1987 TO: City Council " FROM: Denise Spivey, Urban Planner r ` r SUBJECT: SALE OF CITY PROPERTY - NORTHEAST CORNER OF BOLIVAR p^ + +'=);y AND BEST OAK STREETS (D-42) ,i The City owns a 1,356 square foot tract of land that has 11.3 1 'f,A feet of frontage along K. Oak Street and 120 feet of frontage along Bolivar Street. A prospective owner wishes to purchase the'adjacent tract of 16,818 square feet as well as the subject tract. Chapter 20 Article V of the Code of ordinances specifies that th* City Councils after receiving the recommendation of 4 ; this Planning and Zoning Commission, shall determine whether an ' read property owned by the City shall be offered for sale. The fF Development Review committee recommends approval of the tale % with the provision that the property be dedicated to the City f ti` •forright-of-way 'pucposes. This method of dispositio n wi 11 allow the City to profit from the sale and place the property day on the tax roles while retaining the necessary right-of-way. C =I';r The Planning and Zoning Commission recommended approval of the sale of this property at its meeting of October 7, 1987. ti 4 C N , l fRY' yy y' 1 r. "'M '11pX4. ~ I Denise pl ey 9f 1 / rM 1,• Y 26899 !}i a r4•.,/ILK s~r r ~ Yll J~n 1••F '~E. I "4 I d 4,` • •"4M.IA.rOM1:WiLa,4ro>el+. s.., . rv.. .r w.ww ,r«. f I rj . y NI, Y n I " ' ~yMl sJr"~. ~ J 1 % _ I I el Mx tYY"~~1,~'^~'1 Mi ,f .V s t + e t r } A = I:e kJ, 1 4.. t ; ~•I I`p y rS N,• " ~ • .k ~~~'PfFdr661kJf+w+ +,+~wrMW11MN0 ti t J m ~ r au s•Mlfk i Y.raJa ~u, ~ d` Q~ i° 50~ ti4+' N89 52'14"E I 9.80' ~plc,* r+fsr.sla ' N 00610`31'E LAJ 19.98 - SCt :~io S8995214 w 0.387] AC. J ' • 11.28' V. h~91 t) p. 392 $ a C. sup soar e. _ Mafu"r rod i,. f[rfJk4xa kill!, Rl# Corr I Lt,! W Y.ffff ~ 104 N I 1 1,"O D~as1 a~oaIt'~ b t t" F R R #~''t Fr 0V $89r52'14"yy 118.65' P.OB. WEST OAK STREET so,i ow x NOTEr NO IMPROVEMENTS SHOWN ' ig"'11,11 low f SYTy 19 yA ` ' .i` j } r L jAl r ,I 'AC r+ r. y r A { r R fa' ~ z5 l~ "l Olt I o r . F. r Minutes Pf,Z October 71 1987 Page 2 r yr t ~,4) III. Approval of Sale of City Property Located at the Northeast Corner of Bolivar and West Oak Streets. (D•42) ` STAFF REPORT: Mr. Clark stated that the city owns a 10356 . square foot tract of land that has 11.3 feet of frontage r; xs; along West Oak Street and 120 feet of frontage along Bolivar' k, rt Street. A prospective owner wishes to purchase the adjacent tract of 16,818 square feet as well as the subject tract, He said that the Development Review Committee recommends approval of the sale with the provision that the property ~~<r 6 be dedicated to the City for right-of-way purposes. He said r that the staff had concern over abandonment of the property ? x due to the amount of traffic that Bolivar could create in the future. `F~ s~rot' Mr. Holt stated that he felt it was great that someone wanted 1V , to develop this property, { DECISION, Mr.'Claiborne stated that this would now be taxable property for revenue and moved to recommend approval of D•42~ Seconded by Mr. Holt and motion unanimously carried (5-0). a tM s , i + ~1 Y l i t hM f 1 _ , q Y :are i'J~ ..MM 1 q7; ~q 0.'tT b [ Cpl iC,a L r [ . S w. .yYM ~ •Yf . v...". _.....r Y. 4 r1Orn .4i.A ~.M . i.....\.is C. 1 A3. ~ i ,q 't 1.11 1 9 Yh' ~f V 1 I M JJ11 I\IMd d y~f 1 / ~ j 1 j d of C 'Si;. lq. ^1i i4