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HomeMy WebLinkAbout11-22-1988 I - ~ A - I AGENDA CITY OF DENTON CITY COUNCIL November 22, 1988 Work Session and Called Meeting of the City of Denton City Council on Tuesday, November 22, 19881 at 5:30 p.m, in the Civil Defense Room of City hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:30 P.D. 1. Executive Session: A. Leggal Matters Under Sec. 2(e), Art, 6252-17 V.A.T.S. 1. Discuss Phillips v. City. 2. Discuss Patel V. City of Denton 3, Discuss Cit of Denton VS. Maverick Aircraft, nc., et. a . B. Reel Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. i C. Personnel/Board Apppointments Under Sec. i(g), Art 6252-17 V.P„ T,S. 2, Receive a report concerning the status of the 911 system. 3. Hold a discussion and consider selection of potential Legislative lobbyists. I 4. Receive a report on the status of the Environmental Health Services Division. , S. Hold a review regarding RFP for Management Study and Actuarial Analysis of City Health Insurance Fund, 6. Hold a discussion regarding the establishment of v criteria for use by the Human Resources Committee when i making funding recommendations. 7. Hold a discussion of the supplemental agreement No, 1 to untreated water contract between the cities of Dallas and Denton relating to the City of Denton's F installation of hydroelectric facilities on Lake Lewisville. 81 Hold a discussion regarding the heat, ventilation, and air conditioning system renovation for City Hall, Civic Center, Library and Senior Center. t I i City of Denton City Council Agenda November 22, 1988 Page 2 9. Hold a discussion regarding future CIP bond sales and sale of contractual obligations for the annual lease/purchase equipment program. 10. Hold a discussion regarding Land Use Management Information System (LUMIS). 11. Ordinances A. Consider adoption of an ordinance authorizing the Mayor to ^xecute a settlement agreement in Anderson v. City of Denton, et.al. C E R T I F I C A T L f' 1 certify that the above notice of meeting was posted on the bulletin boa~d at the City Hall of the City Q Denton, Texas, on the day of1988 at o'clock (a.m.) p.m, QZWJ,~ 3008C 1 i i i ~I i I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8;7) 566.8200 ` M E M O R A N D U M II s TO: Jennifer Walters, City Secretary FROM: Lloyd V. Harrell, City Manager DATE: November 17, 1988 i SUBJECT: Special Called Meeting of the City Council 1 hereby call a special meeting of the City of Denton City ' .r Cuuncil for November 22, 1988 at 5:30 p, m. in the Civil } Defense Room of City Hall, 215 E. McKinney, Denton, Texas. } vl ~ l0y V. arrell City Manager I 2969C w I ' } vY ~ ~ 5 1 r AGENDA CITY OF DENTON CITY COUNCIL November 22, 1988 Work Session and Called Meeting of the City of Denton City Council on Tuesday, November 22, 1988, at 5:30 p.m. in the Civil Defense Room of City [fall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:30 P.M. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252.17 V.A.T.S. 1. Discuss Phillips v. City. 2. Discuss Patel v. City of Denton 3. Discuss Cit cf Denton Vs. Maverick Aircraft, nc.._et. al. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Persornel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 2. Receive a report concerning the status of the 911 system. 3. Hold a discussion and consider selection of potential Legislative lobbyists. 4. Receive a report on the status of the Environmental Health Services Division. S. Hold a review regarding RFP for Management Study and Actuarial Analysis of City Health Insurance Fund. i 6. Hold a discussion regarding the establishment of criteria for use by the Human Resources committee when making funding recommendations. 7. Hold a discussion of the supplemental agreement No. 1 j to untreated water contract between the cities of Dallas and Denton relating to the City of Denton's installation of hydroelectric facilities on Lake Lewisville. M 8. Hold a discussion regarding the heat, ventilation, and air conditioning system renovation for City Hall, Civic Center, Library and Senior Center. i i F f_ I 1 City of Denton City Council Agenda November 12, 1988 Page 2 9. Hold a discussion regardine, future CIP bond sales and sale of contractual obligations for the annual lease/purchase equipment program. 10. Hold a discussion regarding Land Use Management Information System (LUMIS). 11. Ordinances A. Consider adoption of an ordinance authorizing the Mayor to execute a settlement agreement in Anderson v. City of Denton, et.al. I C E R T I F 1 C A T L I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1988 at _ o'clock (a.m.) p.m. CITY SECRETARY 30080 i. i ~ i j I i 1 1 i f~ I i e f I 1 4-41 I I t I i I I II i r~ I 14 L, I I`rI - ~ I , `I I N I 1D if CITY of DENTON, TEXAS MUNfCIm BUILDING/ DENTON, TEXAS 74201 / TELEPHONE ($17) 660.0307 r Offlo~ of fhb Cify ManaQ~r t M E M O R A N D U M TO: Mayor and Me.7bers of the City Council FROM: Jennifer Walters, City Secretary DATE: Nov. 16, 1988 f SUBJECT: Back-up for Agenda item #1 { No back-up materials were submitted for this item. I i I i I ~ I i ters 2727C/2 f i I I 1 I, 1 I HH-H f I . r 1 I I ~ • 1 1 1 1 V I , I T-C I 1 v WV of DENTON, TEXAS MUNICIPAL BUILDING / DEN rON, TEXAS 70201 / TELEPHONE (01 V $00.0301 Office of the 01y Manipur M E M O R A N D U M TOt Mayor and Members of the City Council FROMr Jennifer waltersf City Secretary DATEt November 16, 1988 SUBJECTI Beck-up for Agenda Item 12 Marilynn Milor will give a presentation Tuesday night regarding the status of the 911 system, i ~ k Je Eer ltere { 2727C/2 ! I I 1 I, , i 1 EI:EJZLIJ ME= nor= ME= IMUL" i EI= not& CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 DATE: November 18, 1988 TOt Lloyd V. Harrell, City Manager FROMt Jim L. Bunyard, Treasurer SUBJECTI INDIGENT HEALTH CARE i I have had preliminary talks with ie resentativea from the four other cities that have a similar indigent health care situation. They aret City Population Sequin 20,000 Sweetwater 12,787 Wichita Falls 99,500 Hondo 6,009 The initial thought would be to convene a meeting of the five cities in early December. I think Denton or Dallas-Fort Worth would be the logical choice. I have not discussed a sharing of lobbyists' fees but think something could be done in this regard. City Manager, Mike Ray of Hondo, and Russ Thoma, Finance Director of } Sweetwater, were extremely positive and indicated their stste representatives, Eldon Edge of Hondo and Temple Dickson of Sweetwater, would support the program. Also, Mike Ray stated that Phyllis Robinson, who originally drafted H.B. 145 in the last session, would most likely agree to sponsor the bill or amendment. The support from these cities, whether in a monetary role or not, will be a definite boost to our success in the legislature. Please advise as to any question or ideas, i I Jim Bunyer ; JLb1sjn 4018F I L E i I i t i f j i f I V DATE: November 16, 1988 CITY COUNCIL REPORT FORMAT /.-1 TO., Mayor and Members of the City Council FROM: Lloyd 11. Harrell, City Manager SUBJECT: Receive a Report on the Status of the Environmental Health Services Division. RECOMMENDATION: None. SUMMARY: M The City of Denton commenced with the operation of the Environmental Health Services Division on October 1, 1988. Due to the efforts of the employees in the Personnel Department, the Purchasing Division and Public Works Administration, our new sanitarians were able to step in and begin routine inspectional duties the first day on the job. Although some time has been spent orienting our new employees and in the development of the food handlers permit program, the division was able to meet the initial productivity goals established for the division. a BACKGROUND: f In late August, 1988, the Denton County C^mmiasioners Court Informed the City that } they would no longer provide environmental health services for the City of Denton effective October 1, 1988. As a result, the City developed and implemented a plan to assume the performance of the services provided by the health services unit. j r PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED: Not applicable. 1 FISCAL IMPACT: I Not applicable. t Aespec ully submitted, I In V. Harrell ` Cit Manager { Prepared by: Bill Angelo Director of Community Services Approved byt Bill Angelo Director of. Community Services 1ba11168882/1 1 F 4 Q CITY of DENTON, TEXAS 215E McK'NNEY I DENTON, TEXAS 76201 I TEEEAHONE (817) 566.8200 I M E M O R A N D U M I r i TO: Lloyd V. Harrell, City Manager FROM: Bill Angelo, Director of Community Services DATEi November 16, 1988 SUBJECT: STATUS REPORT ON ENVIRONMENTAL HEALTH SERVICES DIVISION 6j i sbs t As you know, the City staff presented a plan of action to the City Council on August 30, 1988, relative to the City's assumption of en- vironmental health services effective October 1, 1988. With the ap- proval of the City Council, staff began working on the implementation of the plan in an effort to have the division operational as of October It 1988. With the efforts of the Purchasing Division, Personnel and Public Works Administration, we were able to have the division up and operating as planned, During the first day of operation, the majority of time was spent { { orienting our new sanitariana to the organization= however, they were I able to devote some time to inspectional activities that day. Since the first day of operation, the division's personnel has devoted the majori- ty of its time to inspectional activities, while conducting some special projects involving the rewrite of the City's Food Services Ordinance and the development of the Food Handler's Permit Course. I have attached for your review copies of the monthly activity report for the division. While the productivity of the division appears to be se ' somewhat low when compared to our annual totals, they have exceeded our t 4 original projections for the first month of operation. These numbers should improve as more attention is turned to inspections and lees attention is given to organizational and administrative matters, 4 , I I lba11168183/1 I 1 I N I 1 STATUS REPORT ON ENVIRONMENTAL HEALTH SERVICES DIVISION November 16, 1988 Page 2 In conclusion, I would point out that we appear to be on track with this program and things seem to be running smoothly at this time. Hy recent contacts with the Denton Restaurant Association indicate that they appear to be pleased with our performance and are looking forward to working with us on the future development of the program, Should you have any comments or questions on this matter, please let me know. Respectfully submitted, ` Bill Angelo f BA/sc Attachments M1 I i 1 Ii l r ' II' E lballl68883/2 EHS MONTHLY REPORT FOK' OCTODER, 1900 AF'age 1* CURRENT CURRENT CURRENT YEAR TO PROJECTION MONTH DATE - - ONS FNSF'EC7I Restaurant 000 56 56 Grocery-Store 369 q E1 Day Care & Foster Home 140 8 El Swimming Fool 450 0 0 Styptic system 15 0 Cr Water Samples 260 0 0 TOTAL 1,583 72 72 COMPLAINTS Unsanitary Conditions 400 11 11 Vector 100 5 5 TOTAL 500 16 16 s FOOD HANDLER CARDS Classes Held 6 6 Enrolled (Paid Feel 3,540 64 60 Attended/Tested 55 55 Card Issued 55 55 i CITATIONS ISSUED 0 0 REVENUE 6520 Water Samples #200 #0 E'0 6521 Restaurant Inspections 11,730 20691 2,691 6522 Grocery Store Inspections 1,430 620 620 6523 Swirming Pool Inspections 12,900 0 0 65:24 Food Handler Permits 52,500 940 900 6525 Day Care In spec.tions 21150 O 0 6526 Septic Tank Inspections 1,x00 0 0 i TOTAL t0Y,4l0 t4,211 t412il I i t w r - LNVIRUNigEN1 HEALTH OC';TIViFIL, October-, 1999 1. Ordinance research of other commUnites and draft of suggested re-write. r 2. Developed "Food Handlers Card" training program, including slide presentation and examination. 3. Implemented invoicing and tracking activities of revenues of the Division. 4. Met with two repr-esentativpr of the community who are uwnFrs of Day Care Facilites to discuss their concerns and ruxpeCtatiohs. Discussed arrangements for a presentation by a Registered Sanitarian to the Day Care Admins,itrators Association to promote citizen involvement. i t i s i E i i i h I i i It 1 i 1 i 7 T-T-r-r-I I I I ' f j { i i t 1 ClTYOI DENTONrTEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPNONF (817) 566-8200 M E M O R A N D U M TO: Betty McKean, Executive Director Municipal Services/Economic Development FROM! Thomas W. Klinck, Director j Personnel/Employee Relations j f DATES November 16, 1988 ti SUBJECT: Update on Self-Insurance Fund Betty, this memo is to provide an update on the status of the self-insurance fund since my September 8 memorandum to you which was also communicated to the City Council, The financial picture of the insurance fund has both a positive and a downside to it since my last report. As a result of the Open Enrollment which will end November 17, with an effective date of November 1, we have generated significant increases in employees moving from NMO plans to the City's Self-Insurance Plan as reflected belows i Plan Members Percent Sept 88 Nov 88* Increase Employee only 438 650 481 Employee and Spouse 43 59 371 Employee and Chl'.dren 41 99 1414 Employee and Family 89 179 1014 *Subject to change after open enrollment finalized November 171 1988. {E W".1h the numbers of plan members shown above, projected revenues and ! reasonable estimates on expenses and claims can potentially produce a net gain I each year as shown on Attachment 1. t ' i f I 1 Memo - Betty McKean Update of Insurance Fund Page 2 Unfortunately, there are some other factors which are pivotal in terms of the fund deficit. First of all, our projections for the 87/88 budget year's deficit on September of 1988 was (-$363,950). Because of the yearly accrual for claims incurred in September, 1986 buL not paid until October and November, 1988, the auditors require that we add an amount to reasonably cover those claims as a charge to the fund. While these figurts are not complete, our estimato for this year is approximately $200,000. In addition, we were required to reverse a charge for recovery of a atop-loss claim of $144,ODD because of a dispute with the insurance company (explained below). That has added an additional $144,000 to the projected deficit. Thus, we will end the year with a projected deficit of approximately (47150000)• However, as we project into the 1988/69 budget year, there are several factors that give us a more realistic picture concerning the status of the health insurance fund. These factors are as followe: 1. The city has committed a $170,000 infusion to the fund effective October 1, 1988. ) q 2. As mentioned above, with the significant increase in employees on the self-insurance plan, revenues will be greatly enhanced. 3. The Legal Department is assisting us with the Washington National contract dispute and contract interpretation on the individual stop lose recovery claim of Ryan Baughman. His claims above the $60,000 specific are approximately $180,000. Additionally, with over $1.2 million in claims this year, we anticipate an aggregate stop loss recovery. A reasonable estimate here is approximately $15D,000. Thus, considering that the atop-lose recovery claims are not yet completely finalized, the deficit for the 1988/69 budget year is projected as follows: { Estimated Deficit September 30, 1988 $(-7150000) City Contribution 1700000 Individual Stop-Loss Recovery 1800000 Aggregate Stop-Loss Recovery 150,000 TOTAL $5000000 Revised Estimated Projected Deficit $i-215,000) As we communicated previously, we anticipate that with the minor plan design changes in the PPO, there will be additional savings to the insurance plan. A conservative estimate to approximately $50,000. I Memo - Betty McKean Update of Insurance Fund Page 3 Coverage for the COBRA AIDS case will end November 16, 1986. However, there may be some continuing claims. We know of a $45,000 hospital claim which is currently being examined for payment. Finally, we have completed the Request for Proposal for the Actuarial Audit and Management Study on the insurance fund which is to be reviewed by City Council at the November 22 work session. Incorporating any changes the Council may suggest, we anticipate the proposal to be out for approximately 30 days. Analysis and presentation to the City Council would occur during January, and a contract awarded in February 1969. Then, we anticipate completion of the study and recommendations approximately 60-90 days later. We are confident this will give us a much better and clearer understanding of the appropriate directions and strategies to follow in bringing the insurance fund to a positive position. I will be happy to respond to any other questions you have concerning this issue. Thank you. F Thomas-'B. K nck i f attachment } G r t ~ i I + ~ 5125P 11IGM 0237 I r , ATTACHMENT 1 EMPLOYEE HEALTH INSURANCE FUND PROJECTIONS Revenuesi Rate/Month Total/Month Annual Health Employee 650 87.80 57,070 Insurance Employee and Spouse 59 91.43 5,394 Premiums Employee and child 99 57.77 51719 Employee and Family 179 145.60 26,062 $94,245 $1,130,940 HMO Administration Fee $10 x 150 • $1500/month 180000 57,500/month 900000 LTD Premium $1,238,940 Other Revenues (Retiree premiums, COBRA, etc.) 100286 1 S1,249,226 Expenses r Stop Loss Insurance ln3ividuel $790530 i Aggregate 26,500 Administration Fee (5.76 x 650 x 12) 45,100 Personal Services 150506 f Utilization Review Fee 100500 0711.18 LTD charges ($7,767/mo.) 43,204 a Claima (5 yr, average - $61,912) 8260000 51,0980342 4151 projected increase, $69,000/month other charges 1,251 k $1,099,596 IEY 3 i NET GAIN/YEAR $ 149,630 5125P ) 111788s0930 I f I 1 DRAFT CITY OF DENTON, TEXAS i REQUEST FOR PROPOSAL y FOR 4 MANAGEMENT STUDY AND ACTUARIAL ANALYSIS i i NOVEMBER 17, 1988 G i I I i i i PREQUALIFILD FIRMS: Kenneth D. Wethe Robert W. Lazarus 6 Associates 2700 West 15th Street Suite 31b Plano, Texas 75075-7524 Mark G. Wiseman Management Consulting Group Arthur Young 2500 Texas Commerce Tower Houston, Texas 77002 David J. Palatiere Coopers 6 Lybrand 1999 Bryan Suite 3000 Dallas, Texas 75241 Arthur M. Emery, III Vice President TPFgC 1200 Lakeside Square 12377 Merit Drive Dallas, Texas 75251-2223 Tignor M. Thompson The Wyatt Company 1900 Repub'.icBank Tower 325 North St. Paul Street Dallas, Texas 75201 Ann Collins A. Foster Higgins S Co., Inc. One Dallas Centre { Suite 2200 j Dallas, Texas 75201 Jay Riley Deloitte, Haskins 6 Sells 1400 Lincoln Plaza Dallas, Texas 75201 Ei Tom Atkins i. Atkins and Associates i, 900 S. 1-35E Denton, Texas 762U1 fi 1 November 17, 1988 Addressees Attached Dear: The City of Denton is soliciting proposals from qualified benefit Consultants to conduct a comprehensive management study and actuarial analysis of the City's existing insurance fund. This analysis will include recommendations for changes or restructuring the existing plan, suggesting other funding or cost-saving options, coverage, design, or other appropriate insurance deliver yy methods and management techniques based on this analysis. The City may restructure the existing plan and initiate assistance for the preparation, review and evaluation of recommended alternatives and/or adjustments. I The attached document contains three separate parts. Part I includes a management study and actuarial analysis of the City's existing insurance fund and recommendations. Part 11 requests examination of options of pooposed changeF to the insurance fund. Part III outlines the need for as actuarial study and projection of claims over the next five-year period. Part IV requests a review and analysis of current compliance with personnel laws (non-discrimination, tax benefits evaluation). The City encourages proposals for any and/or all areas of this request. [recently the City's insurance fund experienced several catastrophic claims. This has required the City to provide budgetary supplements to sustain the fund, increase employeu premium rates, an,l initiate a management study to reexami:ie, and perhaps restructure employee health and other benefit plans. We are seeking a long-term strategic plan to manage and control current and future insurance costs. The value of any recommended changes will be defined not only by cost avoidance and savings, but also how employees perceive the new plan. Accordingly, we will place a premium un a firm's experience and ability to inform and educate our employees. l 'I Request for Proposal November 5, 1988 Page 2 Based upon your firm's experience and expertise we want to invite to h our Request you in participate UP e we have Proposal attached ( the )To a responding in ssist you following exhibits: o Request for Proposed Services o Consulting Cost Estimate and Signature Form o Documentation on the City of Denton's Existing Insurance Fund o A Profile of the City Organization and Health Insurance Plan Participants o A Brief Historh of the City's Health Insurance Plan o Consultant Selection Criteria The proposals will be judged upon the Consultant's ability and overall experience to provide services requested and within identified time frames. The City reserves the right to reject proposals that contain omissions or fail to comply with the several, or defined scope of services. may e be requested Presentations during by the eselection all the process. Firms i2, 1 1988, compete the s name complete and e address submit listed their by December 2 below: John Marshall, Purchasing Agent City of Denton 9018 Texas Street Denton, TX 76201 Should you have any questions or require additional information relating to this RFF, please contact Tom Nlinck or Nedra White at (817) 566.8340. j We are pleased to invite your firm to participate in our kFP, and look forward to your response. i Sincerely, Enclosures 0 8138 I I I TENTATIVE TIME SCIIEUULL FOR NIANAWIENT STUDY AND ACTUARIAL ANALYSIS OF TRE, CITY OF DENTON EMPLOYEE INSURANCE FUND 1988 RFP mailed to pre-qualified firms November 3flr December 22, 1988 RFP received by: Tom Klinck Director of Personnel/Employee Relations 324 L. McKinney Denton, Texas 76201 January 3, 1989 Finalists selected from prequalified firms i January 10, 1989 Finalists make presentations to staff Executive Committee i January 17, 1989 Study session with City Council January 18, 1989 Notify firm(s) of election February 71 1989 City Council awards contract I i r { f t I i ~1 i f PROPOSAL RLQUIRLNIENTS 1. Cover page 2. Table of contents 3 Executive summary of proposed services and the manner in which they will be carried out. 4. Approximate time frame for the completion of the proposed work. S, fee, schedule to include cost estimates for analysis of the Cites existing health plan, health plan changes. options, and proposed 6. Profiles of the firm and staff to include qualifications and experience of tho firm as they relate to personnel toeberassignedetoithe project. of key 7. References to include names, addresses, contact persons, telephone numbers of organizations, referably public entities where similar services have been provided, 8. A sample of contract for proposed services. q, Evaluation/contract award criteria. 10. Submission of ten copies of the proposal should be submitted on December 22, 1988 to: John Marshall, Purchasing Agent City of Denton 901D Texas Street Denton, Texas 76201 ; i I r ! V EVALUATION/CONIKACI AWARD Ck111h1A I o Cost o Capability of to Consultant perform allcaspectsaOf thetproject within their ability to deadlines. established 0 Caliber and experience of personnel assigned to project o Capability to provide Dallas/Fort Worth/Denton based on-site support and leadership I i ! i j I r! 1 I~ ! r i 1 I f V RE(ULSI FOR PROPOSAL SCOPE OF SERVICES Management Study and Actuarial Analysis of the City's Lxisti~ Insurance Fund: 1. Analysis of Employee Health Insurance Fund - Services to be performed should include, but not limited to, the following: A. Meet with City staff to discuss City's health benefit I plan objectives. B. Review and analyze current employee health insurance plan design with emphasis on: 1. Indemnity Coverage o Deductibles (individual, family) o Maximum out-of-pocket expense o Exclusions o Claims trends 2. Preferred Provider Organizations I o Co-pay options i o Network of physicians/hospitals o Maximum out-of-pocket expense o Claims trends 3. utilization Review i o Cost to benefit of containment measures o Indiviaual level i C. Review and analyze current health plan funding methods and plan pricing with emphasis on*. I 1. Rate Analysis o Rates by category { o Revenue generated to fund expected claims and administration costs o Revenue trends 2. Other Funding/Pricing Methods o Co-pays o Deductibles o Maximum out-of-pockets o Negotiated contracts and fees for Preferred Provider services 3. Stop-loss Insurance ` o Individual level If o Aggregate level o Cost trends 4. Section 125 Plan (Flexible Lenefits) o Cost vs savings analysis o Participation level I If L. Review and analyze current health plan claims administration and control measures with emphasis on: 1. third Party Administration o Administrative efficiency o Claims administration cos o Responsiveness to claim int,v; ;ns o Claims reports, analysis any t1L,.,is E. Lmployee Communications 1. Records/documentation 2. Employee education presentationiprinted material F. Review and analyze current health insurance plan designs, coverages, and rates as compared to other local and metro-plex based employers. G. Review and analyze other fund revenues and expenses with emphasis on: 1. Long Term Disability Program 2. Lmployer Paid Life Insurance 3. Other li. Provide statistical data and graphs to compare City's health care plan and costs as per the above information relative to national, state and local employee health care plans as required. 11. Insurance Fund Options and Proposed Changes Services to be performed should include, but not be limited to, the following: A. Plan Administration and Funding Options. Provide analysis and recommendation concerning: i 1. Alternative Funding Options o conventional insurance o self-insurance o minimum premium funding o stop-loss insurance (single/total claim) o cost-sharing measures . i 4 2. Alternative Administrative Options o self-administration o administration services only 3. Lmployee Communication Plan I B. Plan Lesign Alternatives 1. Indemnity and PPO coverages, network, etc. Cost containment measures 3. Reimbursement levels ` 4. Managed care options--iMO0 PPO's, other III. Actuarial Study Projections of Insurance Fund and Recommenre-d anges: I Services to be performed should include, but not be limited to, the following: Based upon the analysis and management study of the existing insurance program from I. above and suggested recommendations of options and proposed changes in II, above, provide a actuarial study of the City of Denton health insurance fund claims and a five-year projection of claims within .51 accuracy. This study and the projections will be reviewed and approved by a professionally certified actuary. If the claim projections are not calculated within a S% degree of accuracy, state the degree of accuracy. IV. Review and Analysis of Current. Compliance with Federal i Laws., Services should include, but not be limited to: I I, Analysis of City's Lxtsting Insurance Fund ( Review and analyze City's compliance with Section 89 legislation with emphasis on: t 1. Non-discrimination 2. Tax benefits evaluation 11. Insurance Fund Options and Recommendations (those recommended by consultant and incorporated into program) Recommendations for compliance with Section 89 legislation with emphasis on: 1, Non-discrimination 2. Tax benefits evaluation f N NOTE: Other Important Aspects of the City Insurance Program: It should also be noted that the insurance fund is used to process premiums and payments for the City's long term disability plan, life insurance, "grandfathered," retiree and dependent coverage, etc. The management study and analysis should include recommendations for this portion of the insurance fund as prescribed in the scope of services of this request. i I 1 j i i 1 ` { i i i i 1 [{L I f I I i I I i it i CITY PROFILL Population: 67,000 Government: Council-Manager VY 1988-89 Budget: $119.9 Million City Employees: 780 as of 10/1/68 City Health Plan Members Percent Sept 88 Nov 88* Increase Employee Only 438 659 511 Employee and Spouse 43 61 421 Employee and Children 41 98 1391 Employee and Family 89 178 1001 *Subject to change after open enrollment finalized November 17, 1988. I 11/01/88 f r t f I k i I N Background information city of Penton tlealth Insuran` Plan `I I History The City of Denton self insurance fund was established in 1978 to provide basic health insurance coverages for employees and dependents. It was determined at that time that the City's Insurance needs could be provided at a lower cost than had been ' proposed by the previous ctrrier (Blue Cross/Blue Shield). The self-insurance fund was set up to provide minimum funding to cover expected claims and administrative expenses using a Third Party Administrator (TPA). Recognizing that the possibility of major shock claims existed, the philosophy was to "risk" those potential claims, but monitor claims activity in order to respond should catastrophic losses occur. ' E F I Over the ten years that the plan has been in existence, the rate structure, claims experience and administrative costs have been generally sound. Modest increases in rates halve allowed the :und :o ke.p pace with increases in medical costs, inilation and other factors. This background is detailed on j tht Attachment 1. Claims processing for the City of Denton (third party had been provided administration, 1tEe and stop loss insurance) through Life of the Southwest (later acquired by Health i h R Economics Corporation) until 1987. With the usual three year bid process for TPA services and life and stay-icss insurance, the City changed Third Party Administrators to Coordinated Benefits Systems. Life and stop loss insurance coverage was provided through Washington National Insurance Company in 1987/88. Average monthly claims and claims processing costs through 1986/87 are detailed on Attachment 2. Recent Developments During 1987/88, the City, in addition to changing Third Party Administrators also implemented a Preferred Provider Organization (PPO) through Southwest Preferred Health Network (Attachment 3). It was in this year that the City experienced its first of several major "shock claims". Several additional ~I claims followed, and by the end of 1987/88 budget year, f approximately $38S,000 in major claims were paid from the ' health insurance fund (See Attachment 4). The revenue and expenses of the plan for 1986/87 and 1987/86 i are shown ou the attached (Attachment 5). Thts 1987/88 3 financial data shows that thero is an approximate $700,000 i deficit. However, this does not reflect anticipated individual and aggregate stop loss rrcovery dollars from one major shock claim and total claims for the year. The City is also committed to a $170,000 infusion in the current 1988/89 budget year. M 1 I f w t i Long Range Strategy Recogniting the significance of the shock claims and the t def'cit position, the City has formulated the following f strategies for a 5 year period in an effort to bring the plan to a positive position. These include: FY 1988/89 o City Contribution - $170,000 0 Rate increase by category - 20/20/30 o PFO plan design changes o Fund actuarial audit FY 1989/90 0 Rate increase by category - 20/20/30 FY 1990/91 o Rate increase by category - 10/10/20 FY 1991/92 i' o Rate increase by category - 10110120 FY 1992/93 o Rate increase by category - 10110120 `r The impact to the insurance fund is shown on the attached sheet (Attachment 6). This assumes the City will recover the $180,000 individual stop loss and $150,000 aggregate stop loss insurance. It also assumes the number of payors in the plan i will relkidin the same and that the claims will increase 154 each year. Finally, minor plan design changes in the PPO have been made to better manage utilization and exfenses. Attachment 7 shows Indemnity/PPO coverage comparison for 1987/88 and 1988/89. It should also be doted that the insurance fund is used to process premiums and payments for the City's long term disability plan, life insurance, "grandfathered", retiree and dependent coverage, etc. The actuarial audit should include recommendations and analysis of this portion of the insurance fund as prescribed in the scope of services of this request. j i CONSULTING COST ESTIMATE AND SIGNATURL FORM of Denton DATE: Benefits consulting for City PROPOSAL OF: ame ress City of Denton Director of Personnel/Employee Relations 324 L. McMnney Denton, Texas 76201 The undersigned, in compliance with your Request for Proposal, having carefully examined the documents, an be ig familiar with all conditions affecting the proposed servces, hereby proposes to perform the duties of an insurance/employee benefits documents and inecoCity of nformancenwithiallcperformanceth the above specifications, for the following sums: Consultin Cost Hours I, Management Study and Actuarial Analysis of City's Existing Insurance Fund II. Insurance Fund Options and Proposed Changes III. Actuarial Projections 1V. Review and Analysis of Compliance with Federal Laws l (Section 89) Ij TOTAL j It is understood that the City of Denton reserves the right to accept or reject any and all proposals and to waive any irregularities. It is further agreed that this Proposal shall f be valid and not withdrawn for a period i The firm inEormationbundernonehof thepfollowing)ill in requested a cOkkORATION, chartered in the tate o an authorized to conduct business in the State o exas. or a PARTNERSHIP, in which the 0 ow ng names -individuals are partners: It is further understood that the person whose signature appears below is legally empowered to bind the corporation or partnership. Submitted by: Name o rm 3 a 1 ng ross City"'- State, an ZIP Co e fife e~p one 'um er y: 5 gnature anual (Typed) y; gnature y t e r ' r 0913E r -W I Ii i !rI i ATTACHMENT 1 RAZE INCREASE HISTORY (Monthly) 1984/5 1985/6 1986/7 1987/8 1 Amount ; Amount 1988/9 1 Amount I Amount ; Amount City Ratc: Increase 181 10.13 151 9.96 151 11.44 01 0.00 Rate $56.27 $66.40 $76.36 $87.80 $87.80 Spouse: Increase 201 11.54 01 0.00 101 6.92 201 15.22 Rate $57.71 $69.26 $69.26 $76.18 $91.40 ; Children: Increase 201 7.30 011 0.00 101 4.38 201 9.62 Rate $36.46 $43.76 $43.76 $48.14 $57.76 k j Pam i;~Y: `E Increase 10, 15.96 f 01 0.00 171 16.28 201 33.60 Rate $79.76 $95.72 $95.72 } $112.00 $145.60 li J i ATTACHMENT 2 CLAIMS HISTORY (Fiscal Years 83/84 to 87/88) - Claims Average Processing Total Monthly Fiscal Year Claims Costs Annual Cost Cost 83/84 $493,032 $33,707 $526,739 $43,894 84/85 448,241 30,925 479,166 39,930 85/86 573,0S5 379316 610,412 509867 86/87 648,079 41,441 6890520 579460 87/88 1,OZ9,964 46,000 1,075,9640 104,663 $i *Includes claims paid through September 30, 1988 a h t 11/15/88 4 I I~ I i j i i i I i1 I ATTACHMENT 3 CITY OF DENTON HEALTH PLAN PREFERRED PROVIDER ORGANIZATION Effective November 1, 1987 BENEFIT 1'PO PREVENTIVE CARE Annual Health Not Covered Assessment Immunizations Not Covered W'e'll-Child Care Not Covered lmmunications/Well Not Covered Baby Cere HOSPITALIZATION Semi-Private Room $100 Co-pay and ICU Care 904 of Eligible Charges a Physician and 904 of Surgeon Care Eligible Charges Lab and X-Ray 90% of Eligible Charges SKILLED NURSING CARE { Skilled Nursing Not Covered OTHER MEDICAL EXPENSES f Accidental Injury 1004 of First $300-Balance 904 of Eligible Exp. Emergency Room 90% of Eligible Service Expenses Chiropractic Svcs. Not Covered Physical Therapy Not Covered Cardiac Rehab Care Not Covered Physician Office $5 Co-pay Office Visit Visit - 90% of Eligible Expenses i w City of Denton Health Plan Page 2 FPO BLNEFIT Office Surgery 901 of Eligible Exp. 901 of Office Eligible Exp. Anesthesiology Hospital Out 1001 of Patient Surgery Eligible Exp. or in Free Standing Surgical Center $6 CPay ud- ranndD Drru Prescription Drugs B Brgs i $2 Co-Pay Generic Drugs 1 Home Health Care 901 of Eligible Exp. i Ambulance To/From N/A Nearest Hospital Maternity Benefits 901 of Physician Eligible Exp. MENTAL AND NEkVOUS i Maximum Lifetime $509000 j Benefit Maximum Calendar $15,000 Year $100 Co-Pay Inpatient Hospital 901 of Eligible Exp. In-Fatient 901 of Eligible Exp. Physician Out-Patient $20 Co-Pay up to a max of 20 Visits per Calendar Year i N I I City of Denton Health Plan Page 3 BENEFIT PPO MAXIMUM LIFETIME $2500000 BENEFITS MAXIMUM OUT OF $1,S00 Per POCKET Particirant Per Calendar Year Does Not Include the Hosp. Facility Charge PENALTIES Non Pre-Cer- If employee opts tiEication of a not to pre-cert. Hospital Benefits reduced Confinement to SO% VISION PROGRAM BENEFITS One Eye Exam Per No Deductible Calendar Year 100% of Eligible Exp. j 4 i i i 1 i i l i 08Z2B 092768 i I N r ATTACHMENT 4 SHOCK CLAIMS Claims $5,000 and over 11/01/87 - 07/31/88 Employee's Child $2370273A Brain Tumor Former Lmployee (COBRA) AIDS 33,602 Employee Cancer 28,973 Employee Heart Attack 26,265 Employee's Spouse 16,458 Depression Employee 8,353 Psychological i Employee 12,162 Heart Attack Employee's Spouse 22.320 Stroke I $38S,406 TOTAL II E " Expected Individual Stop-.loss recovery--$177,273 ($237,273 - $600OCO $177,273) t i I I ATTACHMENT 5 NOV 1$ 88 r tll~ltk Jlrarlri Lw 207 M ON N AFC W . A 17 Fill? 1415 IJ W 17 Mr 11 Am 17 AL 11 Luc 17 SEI 17 1114. F261 . _ 2101: 11111 0j" LIA1.14 31,41.31 11. IMSY.73 16,"7.11 I7,SIl,y 17,521.0 17,337.0 11,371.20 771113,71 17JOB~01 31,20160 215,]30" f' till tNN1l"tim 11,44634 14.71274 12.3v.N 112,511110 32,2%W 12,154.3. 33.11132 30,154.3/ 35.141.31 36,149,11 34,NI.52 10.411,1 rip :20,17 213.11 _.x/40^17 105.11 ;J443 • 731 49 00.17 4,7.37 W2.92 3.007.07 _ .1:..... 636(346 r'KW't Se, 1:1,51 56,133.20 51, ISi.N 31-3730,12 121,SN,11 1,001.00 10,1(6.11 $1,611.04 55,113.71 .41 54,41.11 53,133.04 74.35319 POOL Fil Cal 1.6:3.19 Iti.pl 5::.11 :,131,70 113.10 1.44.6: I, Cl 1. it 1.01311 1,011,11 :.54.11 1.411,31 1,013.4 13.117.11 11rA4.771i11M) I:, 341.20 062013 31.111,0 1,131,47 11.33.57 1,44007 11.712.14 5.445.20 21.703.40 4, S.1,/1 Ir.34.21 57,910,11 119,411.13 CLAIM St .:a.h IS.I N.N J,k+1.20 41,71.3: 11,119,00 11,06(.66 74543.:1 5..96,24 31,513,05 :x.101.11 014.053. S7 IC, 153.40 71;,171.4 ti. #10 0.20 0123 107$ 101W 20.151,20 51,25144 11i.01.117 56111,011 45,101.61 11,151,11 4.65,64 57,253.4 51,746.76 31.517.4 117,311,11 734,111.4: 161,171.61 7. i' 2120211 itIN. 11.111.13 1.712.7( 111,111,13. 517.1: 11d;044 L133.it 1,13,21 111. 12.262. H1 :1.121.01 171.721,171 21 LO. 11611,370 12!:. 311, 201 nWwm.n m.nrunx Nntlwmn mummN. Wm4.4..m m.w.WW 4uxvr:mn uuvvx............ nm x xmauxxa....... r nvnmmN Clb NdOtl-NU1111r 3!,173.41 64,2790" 19,iN.74 4,11 1.111.11 11,01631 14,00:•71 13.017.57 75.20157 71, W.47 M„30135 111,127.571 53,423,02 NW 40201 _ 41.611.13 4,N2'19 ••`akk4_531 341.4) 63,511,44 0,133.74 3,0a., 25 Q,86G1 12,241.131 1.04 1112,721.121 1t40.464.371 1-31,14.76 }f 191120 ~bLCI 103011 64.1".15 IR 720.11 /,111.71 1,411.11 11,x.37 11,007.71 1:.0223( 75,207.17 73,340.47 H,i0L5S 111,111,517 1117,111.111 1111.N1.411 0121"44x24 40426666/ 4WI.n4Mn.YNN 63 20..1 0"4663. M4r rN gnnln4a rtlr4...... ....m."... n n .........1.114160 m.Y.Itllrn 4M.4m4144 r4aYnN.tl4 Ott 17 NY 17 NO 17 m 11 Iii M 410 20 410 0 417 N JWI N JIY, Be AIR 11 Rip N 1014 FIN 1 rK11u: 11106" IN.uINI 1:.34(.41 :1.636.71 •1,751.1 26.10.19 21,N7.W 25.504.11 54:643 26541.30 24,435,0 25,201.52 25,033,37 31,0,30 x1.119.34 1 Clio :ml IM IM $6.201.63 0,01111 71,41:.77 11,14.13 32.330.10 IS1111.16 121,01.15 :5,201.41 4.4103: 41,45120 4:.011.74 4,412.41 NL526.17 44.0 2,371.11 1,4624 1177,34, 7,171.33 1.(0,11 :,711.11 1,211.11 120,11 1:,112.20 rlr.*KW 55.4:2.66 63, M.h e.1$4.21 N,635.S 51,3N.u 12.11.64 01,106.24 41.662.11 61,11,3 141191,19 63,3;611 100.151,09 N1L/34.11 i - « - - » I Met: XWWL MUFF $4 1,24:,24 1,@4,63 1, mm 1,111.40 1,161.11 1,777,61 1,:45.31 1.109.35 LuLN 1,17171 1,14.11 15.770.72 1AN11L11r"1ri ILW.N H.6"In 14,503,31 14, 04.79 21,40 20,33133 15,1660 11.041,42 6,60.N ::,511.12 :1.634.-3 7,231.05 111.111.51 4111 11,473.73 56256036 I,SM, NS 173,20175 732,11:.10 101,119.01 177,013.11 13."1 R,362.7& 111.510.0 14015.16 117.724.72 I,N1,43.11 1h0 C91 11714 I&I'm 74,047,74 11,01.34 N. 144." 131,114.17 731,763.73 0,621.17 10,211,72 56,111,13 13,477.53 111.732." 171.160.22 111,517.25 11441141.23 i , rf NI4 211202 121,57!. G, 111,020.134 12,320.33 VI,g9. N, I113.10,211 461,120.461 7,310' 1,57:.4 175,111.246 46111,41 ❑G.4G.OL 4.111.47 6307,616.17 m6Ynrsw 4.r.o.rr unm4r.4n Yn.moun .rssm xsnnunu x006..6. 40 6 2 6 2110 umw watl rrrnnu6l..ntl6umx 2.200 YYn 1.6..1111 1111 No llkkKI-VAlsllll 147, ll:,14J 1227,41).411 1211,421.141 11%,207.111 1263,121.611 019,161.22 147.0307 214,03,231 4411.171. NJ 152, 716.m ISol, MI, 111 0697,133.151 (147.01.111 ' 2020103617 121.:16,41 111,074.1:1 42.15.13 174,411.24, 1171,141.111 167,765,56 21561 u I,S72.11 121,011.241 104,17641 I3M,IJLg1 13.611.511 111,{77.07 2 ._a..»._». »._»_,._».r...»..»..,-__ hl'Wam'Oki.a71 1ALIII.IA 123J.....ta t7 W, N:.ill 17d, 321.111 10"",721 1201,00.»1 111,11', 719 431,111.151 1313, NO, 201 1560461.33 4 11',:57.401 1703,720.720 1263.711.16 .nrrunsY. n1YYMYYI x.wnmw mntlw.•.. tlgnn rnr wxmnun 4Ymgn tlu 111106.60 m...w.n xN1,x.. . ......m......... ..Ymm YOM FINANCE DEPARD.TNT 4Sa~31 W»3. i ATTACHMENT 6 FUND BALANCE PROJECTIONS (With Sto,/-Loss Rccovery) RATE INCREASE/ CTOP LOSS YEARLY CLAIMS/ FY BALANCE CITY CONTRIBUTION RECOVERY GAIN MONTH 87/88 $(-705,765) (+151) 88/89 C-560135) $1700000 $1800000 $649,630 $69,000 20/20/30 1500000 69/90 830942 20/20/30 140,076 79,350 90/91 1640356 10/10/20 100,414 910253 91/92 235,697 10/10/20 51,341 104,940 92/93 2340602 10/10/20 100951 120,681 Assumes Employee and dependents as of 11/14/88 Employee 650 Employee and Spouse 59 Employee and Children 99 Employee and Family 179 5125P 11U88s0610 i I t I i i i ATTACHMENT 7 CITY OF DENTON HEALTH PLAN PREFERRED PROVIDER ORGANIZATION Effective November 1, 1988 BENEFIT PPO PREVENTIVE CARE Annual Health Not Covered Assessment Not Covered Immunizations Not Covered Well-Child Care Not Covered Immunications/Well Baby Care HOSPITALIZATION Semi-Private Room $200 Co-pay and ICU Care Eligible lgible Charges Physician and 901 of Surgeon Care Eligible Charges l° Lab and X-Ray 901 of Eligible Charges SKILLED NURSING CARE Skilled Nursing Not Covered E ' i OTHER MEDICAL EXPENSES _ Accidental Injury loot of First $300-Balance R 901 of { Eligible Lxp. F Emergency Room 90% of Eligible $ Service Expenses Chiropractic Svcs Not Covered Physical Therapy Not Covered Cardiac I.ehab Care Not Covered $10 Co-pay Office Physician office Visit visit - 901 of Eligible Expenses } 1 1 1 City of Denton Health Plan Page 2 BENEFIT FPO Office Surgery 901 of Eligible Exp. Office 901 of Anesthesiology Lligible Exp. Hospital Out 1001 of Patient Surgery Lligible Exp. ur in Free Standing Surgical Center Prescription Drugs $6 Cc-Pay Brand Drugs $2 Co-Pay Generic Drugs Home Health Care 901 of Eligible Exp. Ambulance To/from N/A Nearest Hospital Maternity Benefits 901 of Physician Eligible Exp. i MENTAL AND NERVOUS Maximum Lifetime $50,000 it Benefit Maximum Calendar $151000 Year Inpatient Hospital $200 Co-Pay 901 of Eligible Exp. In-Patient 901 of Physician Eligible Lxp. Out-Patient $20 Co-Pay up to Physician a Max of 20 Visits Per Calendar Year N f City of Denton Health Plan Page 3 BENEFIT PPO ` MAXIMUM LIFETIME One Million h BENEFITS Dollars MAXIMUM OUT OF $1,500 Per POCKET Participant Per Calendar Year Does Not Include the Hosp, Facility Charge PENALTIES Non Pre-Cer- If employee opts tification of a not to pre-cert. Hospital Benefits reduced ; Confinement to 501 VISION PROGRAM 'i BENEFITS ' s One Eye Exam Per No Deductible i Calendar Year 1001 of # Eligible Exp. 3 j I ~ l } I I I i I i i 0822B i r j I 1 r V I 1 I I I 14 1 l 1 ' 14 1 I MEN '04 11 11.4 14 I I I t DAl'Et 11/16/88 i LZ / , CITY COUNCIL REPORT FORMAT 701 Mayor and Members of the City Council FROM: Lloyd V. 11arrell, City Manager SUBJECT: u an f2es,;urcec, Cc rrc'It Iee Funding lie cis.ions RECOMMENDATION: i E M Su3IMARY_ The Human Resources committee is in the• process of Developing a criteria based rrethod for determining which service agencies they will recommend to council for funding. It has been requested t;iat Council provide some general philosophical guidance for HRC. PROGRAMS jEPART+ ~~?SR--G.(2UPa AFFECTED: f4 Human Resources conmitteeIs processes concerning service agency requests for funding. FIxCAL IL~E1±C.T Process could impact future service agency funding by decreasing or increasing the number of agem-ies to which the city may provide fundiTlg. 4es tful y itt 4 I I ar e I I ana ger y { y Prepared by: 1 of ara ossJ j Community Development Coordinator i Approvedt j Executive Director for Planning and Development i ~I I. f r~ D CITY of A[NTON Cosa offive i106 Wast Oak Donlon, Texas 76201 fS171 SO 4t10 ",FS^CPAtIC;V11 DATE: November 1C. 1990 TO: Mayor and Memoers of the City Co, ns i l THROUGH: Frank Robbins, Execu_ive Director for Planning and Development FROM: Barbara Ross, Cormunity Wielopment Coordinator SUBJ: human Resources Committee (HRN Funding Decisions The Human Resources Comoittee's traditional nethod of determining service agency funding has three major components. Initially, the questionnaire must be prepared and submitted } by each agency requesting funds. A copy of that current document is attached. The questionnaire require: information in the following areas: i 1 purpose and goals of agency r agency's perception of need for program organizational make-up of the agency financial information including a list of all f,mding sources ~ current and projected budget Information provided on the questionnaire is useo as a basis for discussion during the funding hearings. This process allows agency personnel to come before rRC to explain: the srecifics of i their need. It also allows the Gommittee to rluesfioos agog y personnel on program procedures, budget expenditurc , etc. Upon completion of the information gathering stage; HRC n_wbers discuss f each agency separately. Der,ng this, the final phave, HRO memhe,e ~ focus on un-met needs within tl", community and the Agency's ability a to fulfill that nnn& } In The kneri=T :Mon The CrnamN L7Denelapm~mno occommt- W the lYmll sod throughout the oehDo*hood Alb i 1 - 7 W I I During the last three funding cycles Hr'C h:, heard requests rrom a tota' of fourteen agencies. The City c;rrently fords six _ agencies and the Nand -Hop progra-. Attached is a chart showing which agencies have been funded nce 1965. Agencies which have nit been recomme-,Jed for funding py !!Fi._ in the past are as follows: Denton Agorapl- bia Institute, Lifr- Planning, Denton County Cooperative Ministries. Denton Count, Tental Health Centers, North Tk_ixas A,cchcllCru~ Cer,,ces, La Lccri•~ League. Ref inir'g a prate ss '.vh i c h 1s clearly sophisticated a,1d effective will be difficult. The Human Resources Committee has developed a methodology based not cilly on information provided by th- agencies but also the individual experiences of each rvrrber gained a'a a result of their work •t) th.? human service field. Such experience yields a srLlstantial oase of information. Council may wish to address the question of the City's basic responsibility to provide funding for service agencies. Provided in the packet is a chart. comparing funding of human services by other cities. It is apparent that we are doing more than most in this area. Defining the type of activi- ties which constitute a 'basic city service" may also be included in this disctssion. Cthsr questions Council may wih to address include: Should start-up or seed monies be provided to fledgling agencies? Hew closely should the human Resources Co•*.mittee coordinate with i other funding agencies such cis the United Way? Should Council provide annuil budget quidance to HRC and ii what , form? kll The Hu-,an Resources Committee would like some general philosophical guidance from Council on the type of assistarice the C'ty should provide. 11PC would then fiii in the details it of their decision-raking criteria and submit this to Council, Staff has worked on a listing of priority and capacity criteria to be utilized as a basis fr,r making determinations between qualified agencies. That model is included in the packet. IIRC JS requestiig a joint meeting with Council sometime in r' January to dit,cuss criteria. I i If you have questions r~r need further information please advise,. Thane, you. r Barbara Rcss i1 I QUESTIONNAIRE FOR A HUNAN RESOURCES AGENCY This qusstionnaite tepresente the City of Denton Human Resources Commit bets efforts to Compile Sufficient Information on a particular Human Resource Agency so that an adequte essaasMent and evrluation of the ■gency, its progume, ■nd its needs can be detetmined before taking any action or making recommendations to the City Council. The word AGENCY will be used where possible and will also mean Organltation, Orders Corporation, Association, and individual. The Information provided should only apply to the agency that serves the City of Dontnn. Please answer all questions that are applicable and to the but of your knowledge. if your agency to not yet established, Please attempt to provide remoonabl• estimates. NOTef If you need further assistance, contact lafbars Roes, 566-6110. Section 1. General Information A. Deter 1. Official Name of Agency: C. Addresat , D. Telephone Number: 1. Name of Person Making Presentations i►laaae attach a cosine) f. Give a brier statement of the purpose and goals of your agencys section II. Nature Of Agency's Request A, Request Is from an existing agency. Yu_ Mo- 1. What are your reasons for sppeering before the Human Resources CommIttest I I ill I, I section 111. Request for funding 1 1 A. to this your Initial request to this Committee for funds! Yes NO - - 1. If no, how many other requests have bran made in the lest three yesral- C. What was the motors of them* requests and what action did the committee f take) Please state brleflyi me back of page if additional space is needed. i i i 1 F '.I r NpC Questionnaire page Two D, What is your request to the City Council for funds in dollars? amfirst - 1. this l&bove your 2. Please eaplain in detail ount will s be used f foe- vhst the ' g. If your request to an increase over last year's request, pleas eaplain in detail why t,, increase is needed and what these funds would Le used for. if tASS la a new program or service please discuss the need for tte Program and how that need will be addrassed. Alw include monitoring and I s evaluation efforts. 1. state whether t1,e prodram is temporary or permanent. if the pcogram is and rewill to garding future n funding sources- see you perman*nt eapeetatlona s If what your g. If these funds ats to be used is a local match tot federal Of state I assistants, please speclfyr the name of the program being applied for I the name, Addrsa, and Phone number of the funding agency - i the !oral amount being [equ sled from the funding agency I the total amount being Committed by your agency and whether your Commitment will to cash, :n•ki nd, of both - = how long is the funding svail"14 for the program Iy from what other soueces Of any) nag your agency requsetsd what fog this IF A. p[u grad, vhat ws tM It capons, that raa the amount and A status of the request? !!mount status ,Data i I`r II II f i line {Umnt ionnai to page three Section iv. Organisational snu Coneral Characteristics of the Agency A. Name Of txlcutlve Director or person In chaiget B. Date agency was establlshedt C. Now was your agency established? Byt 1. Law 3. Articles of Incorpoist Ion 3. Voluntary Itasoc.__ 0. Does the agency have a State approved charter? Yea - No _ a. Does the agency have written and adopted by-lave? Yes _ No - F. Is the agency established for profit limited profit of non-profit G. to the agency tax exempt at the State level , Federal level or both _ with exception of State automobile and gasoline taxes. N. What geogtaphioal area does your agency serve? Mease list by city and county or by defined geographical regions.) a 1, what Is the total population of the arse solved? (tan use 1920 Census 0ats.i E J. Under what auspices does the agency operates 1. governmental s. Fraternal Order 2. state 7. Labor 0tgAnl24ti0n 3. Local p. Civie Otganiestion 1. Voluntary 9. Other 2, eel lgious R. to your agency classified as institutional Beni-institutional (nursery school# day camp, ate. I, or non- ifstitut ionsI _ ~ t L. Is your agency licensed of supervised by any governmental agency? !I Yes No If Yes, giue name of the agency ! N. Is your Agency a member or branch of any of the followings III 1. Community council - 7. United Nay 7. Other eootdinatlng or planning body 1. standard letting body or acctoditing agency j N. what is the total number of professional staff members in the agency? 1 What its the Aaln classifications of pfofesafonsl wotkfls (counaelora, 1 plannsle, coordinatore, etc.)? 0. Now tiny service volunteer$ Its active during tM year? (Do not include adsiniattatlva voluntesre, members of boards or commlttees.l I i f I i unc un•at lonmaita Pago Four Bectlon V. Policy Maklnd Body A. the agency la ge•?e coed by at 1. Board of Dlractora _ Executive Committee 1. Other 0. The Policy Making Memtera ate appointed or seleetad by, C. )low many Serve on this Policy Board? D. Nhat to the length of their totes? E. Now often do they meet? 1. If there is no Board or Committee, who is responsible for datermining policy? ~ I 1 1 +fr 1 IIII V I ~ i { i t t HRC pueetionnaire Pale rive section V1. A9encr'e Financial Report A. Asvenuee by Sources, Current Budget Proposed Budget Month-191- to Manth_191` Month-19e__ to Month__111_ ' 1. Federal _ 1. state 3. City of Denton e. City of Lewisville _ S. The Colony Denton County 7. United Ray/Denton 1. United Ray/L.wisvl.l;e 9. Contrwo _ LO. Donations _ It. Other' ' roThLr S. 91penditures: Cu:rent Budget Proposed budget MontA__191_ to Konth___191_ Month-111- to tonth`191y Personnel Director Others Salary Increases Non-Personnel Pont Telephone Utilities Office Supplies i Insurance Maintenance _ y Conferences, seminars, see. Mileage rood i Audi! Fees consulting Fees FICA 0lAeN TOMI _r 'If other 1+ •icre than 1 percent of the total budget, please iteelle.` e l RFC puestlonnalre page sir Section Yr. Agency's ►Inanclal Report (tcntlnuedi C. What is the total approved budget for this currant fiscal Vast? What Is the total propoead budget for the next fiscal year? 0. What Is your agency's cost per unit of service? Ifxamplet cost per trip, cost pat meal, coat per volunteer hour). Move than one may be needed. NOTCr Plu SO attach A copy of your Annual Report or Audlt and cwttent approved budget. section vll. Services Ptovlsed by Agency A. Irplaln In what epeoiflo function(si/fleld(s) Your 47ency to now operating iln Information and Material, Child Welistar erc.l i i a! 1. Are there any specific client participation qualifications (Intone units, minority groups, geog.aphical area, etc.) i C. Now Is the head for your egsncy's services documented? ' Mt 0. Are the same of sloilar services now being provided by another agency in Denton Ca unty? Tee - No It so, please give name of agency; type of service, difference in their 1 j and your aervices. 7 i i 1. Service statistics tot lost fiscal year. 1. Total number of persona contacting agency A. Total number of persons contacted by agency 1. Total number of clients served f. Total number of clients retetrad to another agency S. Total number of clients being turned down Are local citizens provided with the opportunity to participate in the development Of the agency's Programs 141041 not Include volunteers). Yes Nov do they participate j ~ No _ PLO&$* explain why I 1 ( llAC Quu cSonnalre Pigs Seven Section VII, Services Provided by Agency Icontinuedl 0, A:e local cltiaene provided with the opportunity to participate in the policy raking decielnns of the Agency? Yea Now_ No PILAU explain why K. Now often are the agency's programs monitored and evaluated and who dote the monitoring? Section Yllt. PLQaH dent lfY an unme! nlede Y04 e4e lM1 YDDr agengy And/Ot t~ comr unity, section fA, Qthet comments which right be uaefA !D !M Co?MLLLgi i i j i II I 06709 Revised 02/17/4e , r N a 1 HUMAN RESOURCES COMMITTEE BUDGET RECOMMENDATIONS Change From 1985 1986 1987 1988 Previous Agency Budget budgat Budget Budget Budget SPAN # 27,500 ~ 33,000 ~ 350000 ~ 36,000 +31 j Friends of the Family 30,000 32,000 32,000 330000 +31 I Nandi-Hop 3{,707 34,707 34,707 36,000 +41 Fred Moore Child Care Center 22,000 25,000 25,000 26,000 +41 Denton City-County Day Nursety 110000 12,000 120000 140000 +171 RSVP 60600 60000 60800 60800 No Change ROPE - - 30000 5,000 +671 North Texas Alcohol/Drug Services - - 0 _ Paro,its Anonymous - - - 0 New Request Life 'tanning/Health Services - - - 0 New Request Ann's Haven Hospice - - - 0 New Request i Denton County Clinic Project - - - 0 New j for Prenatal Clinic Request I, A LaLeche League 0 _ i TOTAL$ 0131,801 145,507 $148x507 0156x800 61 i! IF 0273a/3 I I e i r I i f , f I F x a SERVICE AGENCY FUNDING SURVEY ` I CITY/ I I I f I I I I I POPULATION I I I 1 I I I I r s I GENERAL FU'+' I GENERALI I I I OTHER FEDERAL I I I If RI; ) BUUGST,~IFUND $'S1 PROGRAMS I CDBG $'S I PROGRAMS I AND STATE $'S I PROGRAMS 1 COMMENTS I (Bryan I$129r5001 County Health l I Prenatal Clinic I I IMarie engblom I 1560000 1 1 Unit I 3105,300 I Battered Women's I I I I 1913,768,000 i I 1(154 of totall Shelter I I I 1 1 I I I allocation) I Substance Abuse I 1 I 1 I I I I I Prevention I I I 1 l I ! I Information s I I I I I I I I I Referral I 1 I I 1 I I I l Literacy Program I I 1 I 1 I f 1 I MHMR Program I I. I (Carrollton I$134,00010(fice of Aging I i I I Irony Johnson I 176,900 1 IYOUth SerVloes I I I I I 1 1$3403920264 1 ( Counseling I I I i I I 1 1 fuse of old city I I I I I I i I I Facilities for I I I I I I I I I Two Agencies I I I V I I I 1$18,500 I County Health I I I I I I 1 I I Department I I I } I I (College Stationl$ 2,400 1 R,S,V.P, I S 97,500 I Bra43s Food Bank I I (Dan Petle had I 152,800 I ( 1(151 of totall Shelte:ing Arms I I lutllized I 1$13,200,000 1 58,419 I County Health I allocation) I (House) I I !General Fund I 4 1 I I Unit I I MHMA Services I I IS's in the I I I I I 1 I (past, I (Denison IS 20,0001 Mini Bus I I I UMTA 1 Mini Bus (Andy Wilkins I 125,000 I 1 (Elderly and i t I I (Betty Dodson i 1$704000000 I 1 Handicapped) I I I I Irunds combinedl I I I ! I I ! I for Drova . I II 10enton 4156,8001 Daycare 1 $ 47,000 I ESL I I I I ; I 163,000 ! I Homeless I I Educational i I I 1;24030,330 1 1 Assistance I I Assistance I I I I ' 1 I I Elderly and I I Program I i I I I I I Handicapped I I I I 1 I I Transportation t I I 1 I ! j 1_, l I RSVP I t f I I } I I t 2362&/1 F I I i 1 'I SERVICE AGENCY FUNDING SURVEY I CITY/ I I y I I I I I I POPULATION/ I I I I I 1 I I I GENERAL FUND I GENERALI I I I OTHER FEDERAL I I I I BUDGET IFUND $'SI PROGRAMS I CDBG $'S I PROGRAMS I AND STATE 9'S I PROGRAMS I COMMEN'r5 I ! (Duncanville 1$ 50,0001 Senior Citizen I I I I !Jerry Striplinl 1360500 1 1 Center I I I I I }1 131113000000 1 1 Hot Lunches, I I 1 T l I I I ( IField Trips,Etc.l I I 1 I I IFarmers Branch 13100000010ffice on Aging I I I I IDouglas I 1250000 1 1 Food Bank I 1 I I (Vanderslice 1 131980000000 1 (Youth Counseling) I I I I I I I I Teen Court I I I I I I ! I 13 6,000 I County Clinic I I I I I I 1 ! ( ( l I I I I 1Galveston I II I Food Services I Traffic I Community I I } 61,902 I I I $180,000 I Medical IDepartment Grantl Action I I 1!1710000000 I I I (151 of I Boys Club I I Elderly i t I I I I 131.2 Millionll Big Brothers I (Handicapped( 1 I I ( I I Family Shelters I ITranaporta-$ I 1 I I I IDowntown Revitali-I I Lion I f I ( I I I tion Committee I I I I I I I I I $50,000 Admini- I I I I I 1 I I I strative Cost ( I I (Garland ~I3 55,0001 Public Health 16170,700 (Neighborhood set- I $2,500 I Public (John Milligan I 11800000 1 1 services i.e., 1 (151 of (vice center which I (Garland Juniorl Health (Pat Fowler I i 1$58,738,825 1 1 immunizations, I allocation) Icarries outs EEL, I League) I I I ( I I well baby I IWIC screening, I I I I I I I I care, STD work,) IGED classes, I i I I ( I I TB, diabetes I Icitizenship I I I I I I I screening, I Iclasses and legal I I I I I I I maternity quid-1 [counseling ( I I I I t I once, head licel I I I ( I i I I treatment, etc.! 1 I I I I I I I I I I I ( _I !Grand Prairie 13 4000001 Dallas county 1 91650000 I Day care I UMTA I Elderly lAnna Doll I 1960430 I 1 Social Servicesl !After School Care 1 $80,000 ITranaporta-I I 1$3104111000 _ 1 ( 1 1 YMCA I I tion I I I ( 7 2362a/2 i r f j i -T~ I i SERVICE AGENCY FUNDING SURVEY i I CITY/ I I I I I I I VI 4 1 POPULATION/ I I I I I I I I I GENERAL FUND I GENEP%LI I I I OMR FEDERAL I I I I BUDGET Ii_UND $'SI PROGRAMS I CDBG $'S I PROGRAMS I AND STATE $'S I PROGRAMS I COMMENTS I (Haltom City It 1,000 I Women's Haven I I I I (Charles Cox I 1320500 1(prevlous years)! i I I IThey provide I 1$8x161,494 I E I I I I letaff one day I I I I I I I I Ipor week for I I I I ! I I !food and I I I I I ! ! I (commodity ! I I _ L I I I I Idistribution. I I lHurat 1$52,000 1 Senior Center I I I ~T I (Anita Bedford I 1330000 1 1 ($5000001 1 I I I ! ($120265,000 1 Rape Crisis I I I I I I I Tarrant Cut,nty I I I ! I I l I 1 Alcohol i Drug I I ! I 1 I I_ ! I Abuse I I I I I lLewisville ($550000 1 SPAN I I I I (Clyde Collins 144,000 I 1 Youth i Family I l I I I I i I$14,417,0~0 I 1 Service I I ! I I I R 1 I 1 Friends of the I l l I I I j l I I Family I I I I ! I { f I I Ann's Haven I I I I I I Hospice I I _ l I l ILOngvlew 1$750000 I MHMA I I I Title 11 Older I Elderly led Rohner I 1I73,200 1 1 Alcohol/Drug I I I Americans Act ITransporta-1 I$180806,UB5 I (Abuse Counselingl I 1(through state) I tion I I I ) I Palmer Drug I I I I I I l I Abuse Center I_ I I I I I I I I Abuse Shelter I _ I I t ~I IMesquite I I I Moro- I Mesquite social I I 1D0n Simmons i 11200305 1 I I 115% of I Services I I list year to ! ($38,3620492 1 1 ) Allocation I Daycare I f Ifund social I 1 I I I I I (through YWCA) I (services. I (North Richland 1$300000 I Elderly I ! I I IUSe CDBG fundsi lHills I I Transportation I I I I IErom county I 142,500 1 1 Meals on Wheelel I I I (for public I 1$120500,009 I I I I I I limprovements. I I_ _ I I _ I I I ILee Mannese I i 2352x/3 i r Q I I i i SERVICE AGENCY FUNDING SURVEY I CITY/ I ! I I I I I k I POPULATION/ I I I ! I I I I GENERAL IFUND I GENERALI I I I O'HER FEDERAL I I I I BUDGET IPUND 5'Sl PROGRAMS I CDBG 5'S I PROGRAMS I t.'iD STATE $'S I PROGRAMS I COMMENTS I (Richardson 19129,9371 Senior Center I i I I~ I I I I (activities, I h5,707 I I I I I 1$44,779,000 1 1 van, service z l I I I I I ! I I I etaffI I I I I I I (San Marcos I$157,1771Nutritlon Crieial 560,000 I None to Social I I I ~I 135,000 1 1 Hotline I I Service Agencies I I i 1 1990500,000 1 1 Women's Shelterl I l I I I I I I Youth Services I I I 1 I ! I I I Bureau I I l I I I I I Senior Center i I I I ! I I Legal Aid I I I I I I I rood Lank I 1 I I I I I I I Learning Centers i I I I I f i I I I Alcohol o Drug I I I I I I i I 19150,5641 Abuse Clinical I I ! I I I I Joint City/ I I I i I I I I I %unty Health I I 1 I i 1 1 Dept. I 4Tyler , D Ty -i r-Smiih Co. He 84 Bryan I 181,000 I (Health Dept. I I I t (Receive I 1$720660,816 1 land State Lab I 1 I I 19700,000 in l I I $*some funds I I k I ?CDBG, none I I 1 ireimbarsed by I I l I (goes ':o t I 1 Istate I I I I leervice 1 I---- 1 _ I I_ I I l agencies. _ IWiohlta falls 19150,0001Health Ciintc, I $1600000 (Day Care, Health I I ]Susan White I 9 I B,B99 I (Neighborhood ( (151 of (Clinic, Neighbor- I I 18ob Henderson I 1$28,2510403 1 (Action Group, I allocation) lhood Action I I Isome programs I I I (United ways I IGroupe, Meals on I I Ireceive both I j I ISantor tenter I (Wheels, and Seniorl I (CDBG and gen- I 1 -_-l 1 1 icenter i I feral fund 9's. 2362a/4 I i j . Human Services Funding Criteria Introduction: The follc.,o ng is a list of priority and capacity criteria upon which to base service agency fund- ing decisions, TFa six priority criteria will assist in the Ctermination of agency need. Capaci•y criteria wild allow ranking kjF the agers,es according to their capacity to deliver services. This will be documented by the review of fiscal and programmatic performance by the Human Resources Committee and city staff. I Priority Criteria: 1. Services fulfill an on-met need 2. Serves target population i. e, elderly, children, low income, handicappea 3. Services are unduplicated 4, 'unding for direct service provision exceeds SON of Cudget 5. City funding constitutes less than 50% of total budget 6. Administrative costs constitutes les,, than 20% of total budget CaDg.i v GLLti@Ll~_ { r i A. Fiscal 1, Tracking of city funds is adequate 2. Timely submittal of quarterly reports 3. Independent annual audit performed I f 6. Programmatic 1. Service ob ectives met 2. Timely submittal of quarterly service reports 3. Services coordinated with other agencies C. Administrative 1. Complete proposal submitted 2, Acceptable policies and procedures for provision of servi-es 3. Board of Directors F I The attachedFluman Resources Agencv Guestionnaire will provide informatic- to the Committee in each of these areas. City staff will monitor agencies on a 4uarteiiy bisis and provide this infor mation to the Committee. i Ii ~ s k i I II f I ' I I 1 ,I I I i { i I i November 22, 1938 CITY COUNCIL AGENDA ITEM TO: MAYOR AND bILMBERS OF THE CITY COUNCIL FROM: Lloyd )carrell, City Manager SUBJ: DISCUSSION OF THE SUPPLLMENTAL AGREEMENT NO. 1 THF. TO UNTREATED WATER CONTRACT BETWEEN THE CITIES OF DALLAS AND DENTON RELATING TO THE CITY OF DENTON'S INSTALLATION OF HYDROELECTRIC FACILITIES ON 1.0E LLWISYILLE. RECOMMENDATION: The Staff recommends approval of subject contract pending Legal Departrent review. SUMMARY/BACKGROUND Supplemental Agreement No. 1 to the Untreated Water Contract between the Cities of Dallas and Denton establishes De ton's and Dallas' respective positions and rights regarding the hydroelectric turbine on Lake Lewisville. The essence of this contract is that Dallas agrees not to install a pipeline from Lake Lewisville to their Elm Fork Water Treatment Plant until the year 2005, and that Dallas does not object to Denton's installation of a hydroelectric turbine generator. Ihis agreement establishes that all releases from Lake i Lel sville will continue to be controlled by Dallas for the purpose of providing water to Dallas' downstream water plants. This, insall ofsithendocumentationtrelat ng tto our FEkC license. Dallas also agrees to obtain a non-consumption water right permit from the Texas Water Commission for the hydroelectric turbine. This non-consumptive water right will allow Denton to use the permit for hydroelectric generation. Denton agrees to pay the costs of securing this permit and any periodic permit fees that may be required. Denton Initiateds by agrees to support Dallas in the event any action is water water flows wthe rF erv ire syturbine stems. which maycriteria which the would loss cause i Denton agrees to provide Dallas 1.25 million kWH/year from initial operation into 1995, 2 million KWH/year from 1996.2000, 2.5 million AWH/year from 2001 to the installation of the pipeline. I CC Leeting Page 7. Payment for these Khlls will be based on Dallas' average electi-ic power costs of the Elm Fork pump station. This represents approximately 101-151 and 201 of the estimated 12,500,000 KWH/year electrical output of the turbine generator. Denton will retain ownership of the hydroelectric plant and will not sell or sublease without Dallas' agreement. Denton also agrees to provide Dallas with a blind flange connection upstream from the turbine for Dallas' future connection to the pipeline. Estimated cost of this connection flange is approximately $2S,000. It is anticipated that this agreement will be submitted to the Dallas City Council for their consideration on December 14, 1988. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Denton Municipal Utilities, Dallas, Denton, FERC, Texas Water Commission, Legal Department. FISCAL I0ACT: See summary above. Resp fu lY au cted i Lioy larr~ell City Manager Prepared/,Approved by: ~.NC SOn, . Executive Director of Utilities Exhibit 1 Proposed Supplemental Agreement 01 I i ~I r'. 61R2U:1-2 DRAFT 00 SUPPLEMENTAL AGREEMENT NO. I BETWEENOTHETCITIES OFTDALLASTNDTDENTON 1. Exhibit F to the original Contract, dated duly 24, 1985, is amended to add the following Paragraph 2A: Regarding the use of the CITY OF DALLAS' L£WTSVILLE LAKE OUTLET CONDUIT AND WATER FLOWS and the CITY OF DENTON'S Pr ' LEWISVILLE HYDROELECTRIC TURBINE, the Cities of Dallas and Denton dyree to add the following operational conditions: A. Dallas will not exercise its right to transport water through the proposed pipeline from Lewisville Lake to Elm Fork Water Treatment Plant until the year 2005. 8. Dallas will not object to Denton's installation of a hydroelectric turbine generator on Dallas' Lewisville Lake Outlet conduits for operation in 1990. C. Dallas will continue to have complete and total control over determining the water releases from Lewisville Lake including water releases passing through Denton's hydroelectric turbine. Such water releases shall be for the purpose of providing a supply of water to Dallas' water plants. The generation of electricity by the hydroelectric unit will be incidental to the water supply releases. The conservation of water for the municipal water system s use is the primary and paramount purpose of water releases; Iowever, Dallas will take into consideration the needs of the hydroelectric plant where feasible, D, Dallas will obtain a "non-consumptive water right" from the Texas Water Commission for the hydroelectric turbine, Any permitted right will be the possession of Dallas but Dallas will allow Denton's use of such permits for hydroelectric generation as herein agreed. Any costs I incurred iy Dallas to secure such permits and any annual or other periodic peroit fees shall be paid by Denton. Any such permitted right shall be subject to Dallas' right to use water for municipal purposes; In the event Dallas' need for municipal purposes requires it, Dallas may require Denton to cease hydroelectric operations, E, Denton shell work with and support Dallas, if any actions are initiated by the Federal Energy Regulatory Commission or its successor agency and/or other bodies that may attempt to impose jurisdiction or any criteria on Denton or Dallas, resulting from Denton's hydroelectric project, which would have the effect of diminishing Dallas' and/or Denton 's water rights or safe yields of Lewisville Lake or upstream reservoirs, F. In the interim, Dallas will construct a raw water intake and pumping facility for the Elm Fork Water Treatment Plant in lieu of constructing the pipeline, However, additional energy costs will be required for Dallas to use the intake facility instead of the pipeline, and Denton will compensate Oallas for this energy in the following amounts: From initial operation to December 31, 1995 1,250,000 Kiwi/yr From January 0119961$ to December 31, 2000 2,000,000 KNH/yr From January 01, 2001, to Innsttaallattion of 2,500,000 K4H/yr peline Denton's obligation will continue until the delayed pipeline is placed in operation, at which time Denton will no longer be required Intake Dallas structure1 be The compensation all other above relatedcompensate the Dallas. amounts of electricity shall be based on the average cost per KWH that Dallas pays for electrical power at the Elm Fork pump station. to stay owith ther torganiza sublease will O. Ownership Dof the enton will r not sell s plant Denton a tion without the prior agreement of Dallas. or after year construct 2005, an/or Dallas ipeline H. Dallas llany may, at Its during sole Denton of its intent to construct and/or connect the pipeline at least one year in advance. existing s Dallas blind I, connectionr at least pequal e in tsize to cost upstream from the hydroelectric unit for Dallas to connect a pipeline for Dallas' future use. Denton shall obtain Dallas' approval of the design for the blind flange connection before itis constructed. Denton will transfer title to the piping from Dallas' Lewisville Lake Outlet conduit to the blind flange connection, including the blind flange connection, to Dallas whenever Dallas connects the pipeline to the blind flange connection. 2. The above operational conditions are agreed to pursuant to Paragraph 2 of Exhibit F of the original Contract. 3. All other terms, provisions, conditions and obligations of the original Contract between Dallas and Denton, dated July 24, 1985, shall remain In full force and effect, and said original Contract, as same may hive been contractual Supplemental Agreement No. 1 shall be previously construed together amended as a n single this s PASSED AND APPROVED THIS day of . 19+,. CITY OF DENTON CITY OF DALLAS, TEXAS B. D561g 17 r-rT-ILI L-1 ATER TIM= i 1 A f I 0{ -l I\ry I`r d t n n~ C eat tg CITY of DENTON, TEXAS Civic Cedtsr/ 321 E. McKinney/ Denton, TX 78201 N MEMORANDUM TO: Betty McKean, Executive Director for Municipal Services and Economic Development PROM: Steve Brinkman, Director i1 Parka and Recreation DATE: November 17, 1988 SUBJECT: HVAC Renovation I f We would like to present the three qualif-finq bidders for the HVAC renovation of the City Hall, Civic Center, Library, and senior Citizen Center, This program will completely rtnovate the existing above-ground system and put it in a like-new condition. It will also provide an energy management system to help control the environment of all four buildings, ther,by saving utility costa and pcoviding our crews instant maintenance informerion which will help to lengthen the life of the equipment. Of the three bidders, we would like to recommend Burley/Coward for consideration, They are a Denton firm that could respond quickly to our needs, They have guaranteed a $64,000 utility savings on our current system which will allow the City to go out and sell bonds that would be paid back annually with that 564,000 savings. It would take approximately 8-10 years to pay back the principal and interest. Steve Brinkman II MEM02596 i i j. e~irif4'onat' ~ola/~~fe it +~rcrr~~l ~If'btneA Denton Parka and Recreation / Denton, Texas / (B f 7J tJee•8470 I . i PRESENTATION HVAC MODIFICATIONS FOR THE MUNICIPAL DOWNTOWN COMPLEX 0 Explain Basic Modification/Locations 0 City Hall civic center 0 Library 0 Senior Center 0 Top three contractors (Burley/Coward, Honeywell, TD Services) Submitted Cost Estimate TDS BCI HONEYWELi_ I 1. Hot water heatirg systems 36,154 $127,731 $4910646 i 2, Library Central System Tie-In 12,660 31,165 11,340 3, Additional Air Handlers and zoning 53,058 24,420 22,960 t 4. Test and Balance All Buildings 91310 80578 38,640 a 5, Central Plant Piping Pump I Modifications 40,360 160690 70,560 ~ i i 6, Cooling Tower Rebuild 31,647 21,895 64,400 i 7. DDC Control/EMS System 151,202 109,395 176,400 i S. Gas Piping 79800 13,973 0 a 9, Gas Utility Extensions 0 120188 0 10. Engineering and Design 8,000 24,500 41.972 TOTAL 8370,000 $3900465 $917,918 *Thermal Storage option 249 000 8278,495_ Not Economically 287,672 Feasible 346,386 218,100 ' Submitted Coat Savings Per Year 56,000 64 000 solo Thermo (Not given) ( 90000) (Not given) E i i t 1 PROS - CONS TO Serv.:e Burley coward Honeywell +coat $370,900 +Coat $390,000 -Cost $917,918 -Dallas firms +Denton films -Dallas firms +Guaranteed savings +GG_aranteed savings +Guaranteed savings +Easy to work with +Easy to work with -Difficult to work with -Not familiar with our system +Familiar with our -slat familiar with our system system -2 pipe system +4 pipe system +4 pipe system The payback schedules for three years, five years, and 10 years rt 71 APR and ? at 81 APR for the amounts of $400,000 and $1,0000000 are attached. Payback time and amount will depend upon the option chosen. 3 OPTIONS 4 E o Executive Staff choose and approve one contractor. $370,000+ C Executive Staff stops program - (we repair pumps and install energy management system). $132,000 E o Executive Staff stops program - (we repair pumps ONLY). $20,000 1 E ( t i t i i i I COSTS AND PAYBACK ON HVAC FOR THE MUNICIPAL DOWNTCWN COMPLEX Cost 3400 UUU/Payback Based on $64,000 Annual Savings 3 Yrs./1X 5 Yrs./7X 10 Yrs.17t Annual Payment: $ 152,420 $ 97,556 3 56,951 Total Cost: 457,262 487,781 569,510 Payback: 7.14 Yrs. 7.62 Yrs. 8.9U Yrs. Cost =400 OOU/Payback Based on $64,000 Annual Savings 3 Yrs./8X 5 Yrs./8X 10 Yrs./8X Annual Payment., $ 155,213 3 100,182 $ 59,611 Total Cost: 465,640 500,910 596,117 Paybackt 7.28 Yrs. 7.83 Yrs. 9.31 Yrs. Cost 41 000,000/Payback Based on $64,000 Annual Savings_ 3 Yra./7X 5 Yrs./7X 10 Yrs./7x ' Annual Payments $ 381,051 $ 243,890 $ 142,377 'Dotal Coati 1,143,155 1,219,453 1,423,775 Paybackt 17.86 Yrs. 19.05 Yrs. 22.25 Yrs. Cost $1 000,000/Pay back Based on $64,000 Annual Savings { 3 Yrs.18X 5 Yrs./6% 10 Yrs./8X Annual Payments $ 388,033 $ 250,456 $ 149,029 j Total Costs 1,1640100 1,252,28: 1,490,295 Paybackt 18,19 Yrs. 19.57 Yra. 23.29 Yrs. i PAYBACK is defined as the number of years required for an investment's cumulative cash flows to equal its net investment. Thus, payback can be looked upon as the leo.gth of time required for a project to break even on its E Investment, 400 5F I J 1 a I I i 1 H Bill CITY of DENTON, TEXAS MUN10PAL 8U(LDING / DENTON, TEXAS 76201 / TELEPHONE (VV 566.8200 MEMORANDUM DATE: November 17, 1988 TO: Lloyd Y. Harrell, City Manager i FROM: John F. McGrane, Executive Director of Finance I SUBJECT: GENERAL OBLIGATION AND CONTRACTUAL OBLIGATION BOND SALE E f In December, 1986 the voters of Denton approved the issuance of $21,637,000 in General obligation bonds for a five year capital improvement program. At the end of the second year of the five year plan, the City has issued a total of $7,100,000 in bonds. The amounts, by program area issuance and un-issued balances, are as follows: 3rd Year Amount Prior Issuance Un-Issued Purpose Authorized Issuance (1988-89) Balance 1. Street b Traffic Improvements $7,736,000 $2,664,000 $ 340,000 $4,732,000 I 2, Drainage Improvement 3,466,000 1,676,00 425,000 1,365,000 3. Animal Control Center 185,000 185,000 0 0 4. Fire Station Equipment 700,000 0 700,000 0 j 5. Parka 519500000 215500000 11550000 108500000 6, Library 16000,000 25,000 400,000 575,000 7. Law Enforcement/CourtL Complex 2,600,000 1) 200,000 1,400,000 1 J I ti i i 'I Memo to Lloyd V. Harrell November 17, 1988 Page 2 In the 1988-89 Capital Improvements Program, the following projects will be fundeO by the issuanre of these bonds. Estimated Projects Cost 14 Streets and Transportation o 1aeasley Lane (FM 2181): four lane divided, I-35 to two miles South 2500000 o Davis Street Paving Improvements 50,000 o Avenue E Improvements - Eagle Drive to I-35 40,000 2. Drainage o Update Macter Drainage Plan 425,000 3. Parke 6 Recreation o Recreation Center 1,300,000 o Athletic Field Development 250,000 4. Fire Stations and Equipment 3 i o New Fire Station 5000000 o Fire Equipment 2000000 i i 5. Library Expansion o Phase I 400,000 6. Law Enforcement/Court Complex o Developmental Plans 20U,000 I I ; It is my recommendation that we proceed with the sale of 43,615,000 in order to i provide funding for the 1988-89 Capital Improvements Plan. In order to provide I sufficient funding to meet anticipated time requirements, I am recommending that the ! f notice of sale be done at the first council meeting in December. ' I j In addition, we will need to issue between $8000000 - 48500000 of Contractual Obligations. As you are aware, last year the City financed its own lea9e/purchase rogram through the issuance of Contractual Obligations. Last year's program was 175,000 and the City was able to obtain a more favorable interest rate by doing the program in-house. I am recommending that we continue this program for next year and /l issue the Contractual obligations at the same time we issue the General obligation bonds. I If you have any questions regarding the above, please advise. i i ohn McCrane I i JFMcG:af 4016F I f f r I-JL 64 I i i i ~ i iI I 1 i I i tL-L i city of VENTON, TE"S MUNICIPAL BUJLDING / DEN TON, TEXAS 76201 / TEL EPHONE 1817) 566.8200 MEMORANDUM DATE: November 15, 1988 TO: Mayor and Members of the City Council THRU: Lloyd Harrell, City Manager FROM: Harry N. Persaud, MRTPI, AICP, Urban Planner SUBJECT: Land Use Management Information System (LUMIS) Over the past few months, planning staff has been engaged in set- Ling up a comprehensive Land Use Management Information System (LUMIS). LUMIS contains a wide range of land use, zoning, inten- sity trips, and population data by traffic survey zones (TSZ). A TSZ is a small geographical unit bounded by physical features such as roads, creeks, and railroads. TSZs have been designed so as to provide direct aggregation to census tracts. j LUMIS utilizes the most powerful number crunching and macro f capabilities of Lotus 1-2-3, version 2.01. The spread sheets are relatively easy to use and can be manipulated to produce customized files with different variations of data. Initially, LUMIS starts off with three basic files; (1) TSZ file, (2) Intensity file, and (3) Land Track. The TSZ data serves as the master file for LOMIS. A copy of this f file for TSZ 06555 is attached. TSZ 86555 is bounded on the north by Windsor Drive, on the south by University Drive, on the east by Nottingham, and on the west by Glenwood, This is the raw data file which is responsible for running the intensity file and the land track file. The TSZ file needs to be updated continuously as zoning and land development activities take E place. j The intensity file has been customized to provide intensity data and calculations required for the processing of zoning cases in accordance with the intensity policies of the inton Cevelopment Plan. A copy of this file for intensity area 041 is attached. The intensity file has three basic components - exieting land use, current zoning, and PD zoning. Each component has been tied to an intensity trip multiplier so that it produces a total number of intensity trips generated by that component. The intensity file is fully automated and needs no updating. LUMIS will update this file at the same time when the TSZ file is updated. The intensity file can also be used to show how a particular zoning case can impact an area if it is approved. i i 1 1 I I I Mayor and Councilmembers November 16, 1988 Page 2 The Land Track file has been customized to keep a record of all N changes which are taking place in LUMIS over time. In this way, it will keep a track of housing and other building developments, zoning changes, and population by TW. The data emanating from Land Track may be used to produce monthly or quarterly reports identifying specific areas of development activities. Like the intensity file, Land Track is fully automated and does not require direct updating. If I can answer any questions you may have prior to the meeting, please contact me at (817) 566-8350. 4cum Harry N Persaud db Attachments I r 'I 4 i i I. l t ti t TRAFFIC SURVEY LONE'' T,SZ # 5555 s~-1 ~ . SILV Od[ RO Uh7~ V i 4~. 6 A SF- 10 I a . MF-l •1 2F l A f PD-1 PD-96 M121 l ~IaDO' DATD 110«45 i 1 ~l f s LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON TSZ File #6555 IawuttoM u72MATe/ CUITINT [ONINO FLANM99 D[TILOTMINIi USIA LANG U71 TTl16 22ISfINO LAND N TO Q,00 2.ef 0 UNITS AS12! !/V 0[N f0i, if 1l6 ACILl0 111! 0'MO TOf .71106 ACf/[ 0 if lf/ 0 UNITS 0 TO IFS 1 TOT.T/lo 0 OCC 1611 AD 1917m.01 !0l7.09 p 0 0 0 0.9511 0 a a 0 0.4541 0.00 7.61 0 3 SO-10 11t T lOIOSi fl-11 AND LUCIA 0 0 10 0 112 171 t0 4110 1.41 34 211.1/ a 47 4 0 0.00 2.11 ° 0 ° l 0 W6/ Me 01-1 0 0 10 0 1 0 ° p 0 0 011311 1l-1 110 0 1D 0 ° It 0 0 a 0 O./Ses 0.00 2.46 ° r 0 0 10 0 p l00 0 D p 0 0.9511 0.00 2.19 0 MOIILII N MI D p e0 0 p 0 0.1111 0100 l.12 0 r 00lL22 ° ° 1/ 0 100 0 0 0 ° 0 0.0671 O,OO 1.12 0 Ml.6 ° ° to a 0 200 0 ° ° 0 0 0 0 D p 0 co"1OM1/17If AIL ° 0 ° 0 6 660 a 0 ISO 0 0 Q 0 0 4 0 o OnUST 0 0 2so Q 0 1 0 lso a 0 0 105 a 0 ° 0 9 0 0 ° 0 0 0 acl IV00171tAL T/o,s o es 0 0 a c 0 0 0 0 o Q a 1NITHU710NAL 1 Q 0 0 0 e5 0 0 21116/ 0 71.16 30 SOS./ 0 0 ° SOS F 0 0 0 0 0 0 0 0 0 ° o Q ° f1/N110 Dili-Ace a 0 0 o ° ° 0 Q T6ANSF0/lOHATION 12.929 ° a ° 0 0 20 0 0 0 ° 0 D 0 ° 0 0 p 0 ° 0 0 0 0 0 ~i 0 0 0 0 ° 0 i Q Q i AO/ICULTVIII 0 0 0 0 0 0 p 0 , I VACANT 0 1.11 0 716 0 0 0 0 0 IOSf 70TAL 417 ]SLf0 0 $71e 9•If II r j i i i ~I i j i le I~ I i i i N I I~ Ng11TN ~HTEt4SjTY AREA 4 f Ll f ~ p, N u u tl M~ 1 J I r.r A PO-f26 0 ATS 11 ' Ib ) t LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area N: 41 Type LOW Intensity trips /Ac 60 Traffic survey zones: 6542 Boundary Description: North: Mingo Fishtrap Road South: University Drive Date; 11/16/88 East: Collins Road West: Cooper Creek Road LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY SF-16 < 22 18.12 220 0 0 0 0 0 SF-10>16 0 0 0 0 0 0 0 0 SF-7>10 0 0 0 0 0 0 0 0 LESS SF-7 0 0 0 0 0 0 0 0 MOB.HOMES 27 6.66 270 0 0 11.5 100 1000 DUPLEX 0 (i 0 0 0 0 0 0 MF-R 0 0 0 0 0 0 0 0 MF-1&2 0 0 0 0 0 0 0 0 COM/RET 0 7.12 4628 0.6 390 2.01 0 1306.5 OFFICE 0 0 0 0 0 0 0 0 INDUSTRY 0 5.36 562.8 113.05 11870.25 0 0 0 INSTI'NAL 0 0 0 0 0 0 0 0 PARKS 0 0 0 0 0 0 0 0 R/0/SPACE 0 0 0 0 0 0 0 0 TRANSPORT 0 29.74 0 0 0 0 0 0 AGRIC. 0 0 0 91.38 0 0 0 0 VACANT* 0 329.75 0 111.21 0 0 0 0 TOTAL 49 395.75 6681 316.24 12260 13.51 100 2307 i INTENSITY CALCULATIONS I (A) dxisting Land Use i 11) Intensity area total trips 395.76 times 60 23745 12) Trips allocated to existing land use 6681 13) Trips allocated to vacant lands 329.75 times 60 19786 (4) Estimated unallocated intensity trips (llminus (2)+(3) -1721 (5) Percentage of intensity trips allocated 107 (B) Current zoning (1) Intensity area total trips 346.75 times 60 23746 (2) Trips allocated to existing land use 6681 (3) Trips allocated to current coning (incl. planned developments) 14667 (4) Trips allocated to vacant lands not zoned plus Agric, zoning 12165 (5) Estimated unallocated intensity trips l1minus(2)+131+(4) -8668 (6) Percentage of intensity tripe allocated 136 •Vacant areas outside city limits with no zoning:(Ace) 111.21 Ll Fl- Will, I f I ll= 4 2211L NO. 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT ION OFDDENTONOANDFDWIGHT~ANDERSON ASNNEXT FRIENDTFOR DANA L BETWEEN ANTHE CIT DERSON, I AN INCAPACITATED PERSON AND SHANDA MICHELLE ANDERSON, A MINOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Settlement and Compromise Agreement etween the City of Denton and Ihai ht Anderson as next friend for Dana L. Anderson, an ncanaci r d the persettlement son,, and Shands. Michelle Anderson, a minor, providing fa compromi.se of the litigation now pending between the parties before the 158th Judicial District Court of Denton County, Texas in Cause No. 86.2000-B, is approved in accordance with its terms, and the City Manager is authorized to execute the agreement and all other documents and make the payments and take such action as is necersary to comply with the terms of said agreement. SECTION II. That Ordinance No. 88-125 is hereby repealed in its ent rety. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. i I KArS7EPHENSj MAYOR ATTEST: f JENNIFER R , fSTCR Y APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ff r ~Cl BY. NO. 86-2000-B DWIGHT ANDERSON AS NEXT FRIEND * IN THE DISTRICT COURT OF FOR DANA L. " DERSON, AN INCAPACITATED PERSON, AND SHANDA MICHELLE ANDERSON, A MINOR DENTON COUNTY, TEXAS _ VS. # CHARLES BROCKETTC, JR., FOX FEED & RANCH, INC., GARY MOORS, AND THE CITY OF * DENTON 158TH JUDICIAL DISTRICT COMPROMISE SE': LIO °NT AND ART FIRM. OF ATM CLAIMS FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid this day in cash, the receipt and sufficiency of which is hereby acknowledged, Shanda Michelle Anderson does hereby release, acquit, and forever discharge the City of Denton, Texas, its elected officials, agents, employees, insurers, and attorneys and Gary Moors, his family members, agents, attorneys, and insurers, and each of them, of and from any and all actions, causes of action, claims (including--subrogation .claims),.-and demands, on account of, or. in anyway growing out of, any and all i personal injuries, violation of constitutional and statutory rights, damage to reputation, pain and suffering, grief, bereavoement, loss - of consortium and companionship, mental ' I anguish, loss of earning capacity,° loss of prof its,. damage ta:and taking of property-," coRts-,-'-low-, of- services, - Lind all other damages, whether known or unknown, and whether heretofore asserted or not, resulting or to result from an accident which i occurred on or about June 9, 1986, all as more fully described in the pleadings on file herein to which reference is made for a more complete description, and does hereby agree to indemnify and save harmless said City of Denton and Gary Moors, his family members, agents, and attorneys of and from all further claims, including subrogation claims, demands, costs or expenses arising out of the injuries and damages sustainer by her as a result of said incident, whether or not included in a claim for damages under the survival of actions statutes or under the wrongful death statutes. The undersigned understands and agrees that the amount paid under this agreement is in full satisfaction of all damages arising on account of the above described accident, and that she will receive no further sums of money from the City of Denton or from Gary Moors as a result of this accident. It is expressly understood and agreed that Shanda Michelle Anderson has already paid or will pay out of the aforementioned I total sum of $1.00 all medical, doctors' and hospital charges received in the past or to be incurred in the future by her and she will defend, - indemnify -and hold harmless.said City of. Denton and Gary Moors, of any from any claims for such charges, especially with reference to any liens under the Texas Hospital Lien Law. i It is expressly warranted by her that no promise or inducement has been offered except as'-herein. sat. .fortho.that this Release is executed without- reliance, upon any statement or representation of any person or parties released or their representatives, concerning the nature and extent of the j injuries, damages and/or legal liability therefore; that acceptance of the consideration sat forth herein is a full accord I I I' and satisfaction of a disputed claim for which liability is am I expressly denied. FOR THE SAME CONSIDERATION, it is agreed that the above- styled suit will be dismissed with prejudice to refile the same. This document contains the entire agreement of the parties hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT MERE RECITALS. WITNESS MY HANDS THIS DAY OF ` 1988. I SHANDA MICHELLE ANDERSON STATE OF TEXAS i i COUNTY OF i i This instrument was acknowledged before me on this day of 1988, by Shanda Michelle Anderson. Notary Publ c -State of Texas My commission expires: { APPROVED: I~ DUSTIN FILLMORE ATTORNEY FOR PLAINTIFFS I i f I 1 NO. 86-2000-B DWIGHT ANDERSON AS NEXT + IN THE DISTRICT COURT OF FRIEND FOR DANA L. ANDERSON + AN INCAPACITATED PERSON, AND +v SHANDA MICHELLE ANDERSON, fi A MINOR f DENTON COUNTY, TEXAS VS. CHARLES BROCKETTE, JR., FOX ► FEED & RANCH, INC., GARY MOORS AND THE CITY OF DENTON 158TH JUDICIAL DISTRICT FINAL JVD~r. M On the , day of 1988, came on to be heard the above styled and numbered cause, wherein appeared Dwight Anderson, as next friend for Dana L. Anderson, an incapacitated person, and Shanda Mlohelle Anderson, in person, and by and through their attorney and representatives and Defendants Charles Brockette, Jr., Fox Feed & Ranch, Inc,, Gary Moors and the City of Denton, by and through their attorneys, and all parties having waived a jury, it was announced to the Court that an agreement- for se•:t'ieme'ht o2' all- matters in controversy had been entered into," subject to the approval of the Court; and .It appears to the Court that an agreement for settlement has been reached between the parties subject to the approval of the Court, the terms of such settlement agreement providing for payment by Defendants Charles"' Brookette',` Jt, and' Fox Feed & Ranch, Ina. to the Plaintiffs,'" Dwight Anderson and' Dana L. - Anderson, in the total sum of ONE HUNDREA THOUSAND DOLLARS ($100,000.00) and the payment by the city of Denton and Gary Moors to Plaintiffs, Dwight Anderson and Dana L. Anders,)n, the FIN mp.ttFUm PAGE 1 OP 6 total sum of TEN THOUSAND DOLLARS ($10,000.00) to be paid now plus payment by the City of Denton SIX THOUSAND DOLLARS ($6,000.00) a year for fifteen (15) years or until the death of Dana L. Anderson, whichever first occurs, said annual payment to be made as more fully described in the Settlement Agreement and Stipulation For Judgment att%ched hereto and incorporated herein by reference, in full and final settlement of -,,Il claims, demands, and causes of action, whether known or unknown, which have arisen, or may arise, as a result of the accident of June 9, 1986, which is the subject matter of this suit. That further the Court finds that the Settlement Agreement also provides that Dwight Anderson will agree to indemnify and hold harmless the Defendants and anyone in privity with Defendants from any hospital liens, assignments and/or subrogated claims for.hospital expenses incurred for on behalf of Dana L. Anderson as a result i I of the accident in question. It is agreed by the parties that the tentative agreements. of settlement are subject`. to ''the.:-.. approval of the court, and if such agreements of settlement are approved, the aforementioned sums shall be apportioned by the Court as the Court may see Pitt and It appears that there is a potential conflict, of interest between Dwight Anderson. -and Dana--I. Anderson- as to....tha apportionment of the-recover herein, and the court finds that Dana L. Anderson is incompetent and incapable of carrying on his own affairsl and FINAL JUDGMENT - PAGE 2 OF 6 1 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Russell Welch, a duly qualified person, be, and he is hereby appointed Guardian Ad Litem to represent the interests of Dana L. Anderson and that he be awarded the sum of $ for his services, which amount is to be taxed as costs; and Said Guardian Ad Litem having asked for and received reasonable time to acquaint himself with the facts any; the law herein, and after study and deliberation, reported to the court, that, in his opinion, the tentative agreement of settlement presented to the Court was fair, just, and reasonable, and that the apportionment hereinafter ordered by the Court was fair, just, and reasonable and for the best interest of Dana L. Anderson and should be approved. A,,d the Court, having heard the pleadings in this case and having heard full testimcny, finds that there is a question as to the liability in this case, and that there is an issue also as to the extent of damages- to whicki - Plaintiffs are entitled' to-- recover, and the court further finds from the evidence that such agreement of settlement is a c6mpromise settlement agreement and is not an admission of liability on the part of the Defendants herein, and further the Court is of the opinion that the agreement of settlement of the 'parties is just, fair,- and I equitable and should be approved and said"-agreement is hereby approved; and IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the Plaintiffs do have and recover of and from Defendants FINAL URQW, - PAGE 3 OF 6 1 i I Charles Brockette, Jr. and Fox Feed 6 Ranch, Inc. the total sum of ONE HUNDRED THOUSAND DOL*.,ARS ($100,000.00) and from Defendants Gary Moors and the City of Denton TEN THOUSAND ($10,000.00) to be paid now, ants from Defendant, the City of Denton SIX THOUSAND ` DOLLARS ($6,000.00) per year for fifteen (15) years or until the (f` death of Dana L. Anderson, whichever occurs first which sums shall be paid as follows: ` 1. Defendants, Charles Brockette, Jr. and Fox Feed 6 Ranch, Inc. shall pay the sum of $ to Dwight ' Anderson as next friend of Dana L. Anderson. 2. Defendants, Charles Brockette, Jr. and Fox Feed & Ranch, Inc. shall pay into the registry of this Court the sum of $ for the sole use and benefit of Plaintiff, Dana L. Anderson. 3. Defendants, City of Denton and Gary Moors, shall pay I the sum of $ to Dwight Anderson as next friend of Dana i L. Anderson. 4. Defendants, City of Denton and Gary Moors, shall pay i into the registry of this court the sum of $ for the sole use and benefit of the Plaintiff, Dana L. Anderson. - 5. The annual payments of $6,000.00. shall be paid by i Defendant, the City of Denton; as set out in the Settlement Agreement and Stipulation For Judgment attached hereto: The Court finds that the apportionment between the Plaintiffs as-.set forth above is fair and reasonable, and the FINAL JUDGMENT - PAGE 4 OF 6 1 J I clerk of this Court is hereby authorized and directed to hold in the Registry of the court in an interest bearing account the amount of money ordered to be paid to the Registry of this Court for the sole use and benefit of Dana L. Anderson, subject to the further orders of this Court. The Court further finds that Plaintiff, 'Shanda Michelle Anderson, was born on August 22, 1969 and is now an adult. The Court further finds that Shanda Michelle Anderson has fully compromised and settled all of her claims, actions, demands or causes of action against Charles Brockette, Jr., Fox Feed & Ranch, Inc., Gary Moors and the City of Denton. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that all costs of this suit are hereby taxed one-half to Charles Brockette, Jr. and Fox Feed & Ranch, Inc. and one-half to Gary i Moors and the City of Denton. And it appearing to the Court that upon rendition of the foregoing Judgment, that the Defendants having paid same in its entirety in the manner prescribed in this Judgment, and have paid the costs of this suit in accordance with the provisions therefore; IT IS ORDERED, ADJUDGED AND DECREED by the Court that no eicecution issue on this Judgment, and that Defendants are fully discharged from any liability based upon any claims, demands, or causes of action arising out of the accident made the basis of this suit, and are declared fully discharged from any liability under the provisions of this Judgment, except that the City of FINAL JUDCKBNT - PAGE 5 OF 6 1 r l Denton shall remain bound by the terms and provisions of the Settlement Agreement and Stipulation For Judgment, a copy of which is attached hereto. SIGNED this ` day of , 1988. JUDGE APPROVED AND AGREED TO: NTght Anderson, as next friend Ronald H. Clark for Dana L. Anrlerson, an Attorney For The city of incapacitated person Denton Shanda Michelle Anderson Guardian Ad Litem_for_Dana L.. Anderson, an incapacitated-.person h 1 Attorney For Plaintiffs i i Attorney for Defendants, Fox Feed 6 Ranch, Inc. and Charles Brockette Attorney For Defendants Gary Moors FINAL JUDGMENT - PAGE 6 OF 6 i L I CAUSE NO. 86-2000-B DWIGHT ANDERSON AS NEXT FRIEND * IN THE DISTRICT COURT OF FOR DANA L. ANDERSON, AN INCAPACITATED PERSON, AND SHANDA MICHELLE ANDERSON * VS. * DENTON COUNTY, TEXAS CHARLES BROCKETTE, JR., FOX FEED & RANCH, INC., GARY MOORS, AND THE CITY OF DENTON * 158TH JUDICIAL DISTRICT SETPL = AGREENENT AND STIPULATION FOR JUDGNEN' KNOW ALL MEN BY THESE PRESENTS: 1. Defendants, the City of Denton and Gary Moors, will, upon the entry of the Judgment by the Court herein pay to Plaintiffs, Dana L. Anderson and Dwight Anderson, individually and as next friend for Dana L. Anderson, an incapacitated person, the total aggregate sum of $10,000.00. Defendant, City of Denton, will pay to Plaintiffs the further sum of $6,000.00 per year, for fifteen years, or until the death of Dana L. Anderson, whichever comes first. The first payment of $6,000.00 shall be made on or before July 1, 1989 and succeeding payments shall be made on or before July 1 of each succeeding year for fourteen additional years or until the death of Dana L. Anderson, whichever comes first. Said periodic payments shall be made by check payable to "Dwight Anderson, as next friend for Dana L. Anderson" until the City of Denton, or its successor or assignee (as described below) receives notification by a certified copy of letters or guardianship appointing a successor guardian of the person and =INT AGREEMENT & STIPULATION FOR JUDGME- Page 1 f r estate of Dana L. Anderson together with an order from a court of competent jurisdiction authorizing such successor guardian to accept and receive the payments, or the city receives an order from the Court directing otherwise. In the event that Dana L. Anderson should die before July 1, 2003, then the City shall make the last and final payment of $6,000.00 on or before the first day of July following the death of Dana L. Anderson by check payable to the estate of Dana L. Anderson. 2. For and in consideration of said payments, Dwight Anderson, individually and as next friend for Dana L. Anderson, Shanda Michelle Anderson, and Dana L. Anderson, an incapacitated person, appearing herein by and through his guardian ad litem, have agreed and do agree to and with the Defendants, that the sums so paid shall be in full and final satisfaction and compromise of any and all actions, causes of action, claims (including subrogation claims), and demands, on account of or in any way growing out of any and all personal injuries, pain and suffering, grief, bereavement, loss of consortium or companionship, mental anguish, loss of income or earning capacity, loss of services, costs, expenses, property damage, and other losses whether known or unknown and whether heretofore asserted or not, owned or possessed by any of said Plaintiffs against Gary Moors, his family, relatives, insurers, and attorneys, or against the City of Denton, its elected officials, officers, employees, agents, attorneys, and insurers, growing out of or in any way connected with a certain accident which occurred $&TTLfI HT AGREE-WNT i STIPUraTTnu rrno nrr......>. _ Page 2 I on or about June 9, 1986 in Denton County, Texas. Reference is made to tho pleadings of the parties on file for a more complete description of the respective contentions. This settlement is intended to cover all claims arising out of or connected with the events described in said pleadings including claims for personal injury and property damage. 3. The City of Denton may, but is not obliged to, make a "Qualified Assignment" (within the meaning of Section 130(c) of the Internal Revenue Code of 1954, as amended) of its liability to make the periodic payments, by purchasing said annuity contract. Such assignment, if made, shall be accepted by the duly appointed qualified guardian of Dana L. Anderson without right of rejection and shall completely release and discharge the City of Denton from such obligations under the Settlement Agreement as are assigned. In the event of such an assignment, the assignee shall be the sole obligor with respect to the obligations assigned, and all other releases that pertain to the liability of the City of Denton shall thereupon become final, irrevocable, and absolute. 4. If the City of Denton makes a "Qualified Assignment" of the liability to make the periodic payments: a. Dwight Anderson's or a successor guardian's rights against assignee are no greater than those of a general creditor; b. Assignee is not required to set aside funds for the periodic payments or otherwise secure its obligation to make the periodic payments to Dwight Anderson or a successor guardian: SSETTLFJiM AGRBEMEENT i STIPULATION FOR UDG - Page 3 1 l r ti f C. Dwight Anderson or a suxessor guardian has no right to accelerate, defer, increase, or decrease the amount of any payment required to be made under the judgmentt and d. Dwight Anderson or a successor guardian is not entitled to assign any of the payments required to be made pursuant to the judgment. Any annuity or other contract which is acquired by 4 assignee pursuant to the judgment shall be and remain the sole property of Assignee, and claimant shall have no ownership rights whatsoever, either actual or constructive, in any such annuity, including no right to change the taneficiary or other control thereof, or any rights of the secured party therein. 5. Notwithstanding any preceding language to the cuntrary, the City of Denton shall remain secondarily liable to make the periodic payments if the liability therefore is assigned under paragraph F above, but only if the assignee under paragraph F above defaults on its obligation to make said periodic payments. In the event of a default on the periodic payments by the Assignee, the City of Denton, after receiving notice thereof by certified mail, return receipt requested, shall have the option to (a) make the periodic payments according to the schedule, (b) purchase another annuity to cover the remaining liability for the unpaid period payments pursuant to Paragraph F above or (c) pay the present value of the remaining periodic payments to Dwight k Anderson as next friend of Dana L. Anderson. Exercising any of these options will fulfill the City of Denton's obligation to make the period payments. In the event that the City of Denton I SETTLMNT ACREMENT 6-STIPULATION FOR JUDGI~NT - Page S 1 i 1 I -ems I exercises and performs either option (a), option (b), or option (c) of this Paragraph, Dwight Anderson, or a successor guardian of Dana L. Anderson, after court approval, shall transfer to the `I City of Denton all his rights to receive further periodic _ payments from the defaulting assignee. ` 6. The undersigned understand and agree that the amount paid under this agreement is in full satisfaction for all damages arising on account of the above described incident and that they will receive no further sums of money therefrom from persons or entities released by this agreement. 7. It is expressly understood and agreed that Dwight Anderson, individually and as next friend for Dana L. Anderson, Shandy Michelle Anderson, and Dana L. Anderson, an incapacitated person, appearing by and through his guardian ad litem have already paid or will pay out of the aforementioned sums all medical, doctors, chiropractors, and hospital charges received in the past or to be incurred in the future by Dwight Anderson, i individually, and as next friend for Dana L. Anderson, Shanda Michelle Anderson, and Dana L. Anderson, an incapacitated person. Plaintiffs will defend, indemnify, and hold harmless the parties released by this agreement and their insurers of an3 from any claims for such charges especially with reference to any liens under the Texas Hospital Lien Law. Plaintiffs will defend, indemnify, and hold harmless tha parties released by this agreement from any and all actions, demands, and causes of action past, present, or future, brought by Plaintiffs or on their SETTLEMENT AGREEMENT 6 STIPUI ATIOI FOR JUDGMENT - Page 5 N I behalf as a result of ox growing out of the above described accident of June 9, 19x6. 8. The undersigned parties, for the consideration ` hereinabove expressed, represent and agree that this settlement _ is in compromise of, and is a full accord and satisfaction of, a doubtful and disputed claim and that the payment to be made by said Defendants does not constitute, and shall not be construed as constituting, an admission of liability on the part of said Defendants who have denied that they are liable to Plaintiffs on account of the matter compromised and settled by this stipulation and agreement and by judgment so rendered by the Court pertinent thereto. 9. This stipulation and agreement shall be and is hereby respectfully submitted to the Court by all parties including said Guardian ad litem who is of the opinion and represents to the Court that the proposed settlement is to the advantage of said minor and is for his best interests and said parties do further request approval of the agreement of this Court. i 10. Defendants hereby warrant and represent the following facts to be true and correct: that Defendant Gary Moors, at all times relevant and material to the incident made the basis of this lawsuit, was acting in the course and scope of his employment with the City of Denton; and that Defendant, the City I, of Denton, is a municipal corporation, incorporated in Denton County, Texas, entitled to the protection of the doctrine of governmental immunity and to the defenses, protections, and SET N_AGREEMENT i STIPULATION FOR JUDGlSEN'P - Page 6 1 l i I agreement from any and all actions, demands, and causes of action past, present, or future, brought by Plaintiffs or on their behalf as a result of or growing out of the above described accident of June 9, 1986. e. The undersigned parties, for the consideration hereinabove expressed, represent and agree that this settlement is in compromise of, and is a full accord and satisfaction of, a doubtful and disputed claim and that the payment to be made by said Defendants does not constitute, and shall not be construed as constituting, an admission of liability on the part of said Defendants who have denied that they are liable to Plaintiffs on ac~:ount of the matter compromised and settled by th13 stipulation and agreement and by judgment so rendered by the Court pertinent thereto. 9. This stipulation and agreement shall be and is hereby respectfully submitted to the Court by all parties including said i Guardian ad litem who is of the opinion and represents to the Court that the proposed settlement is to the advantage of said minor and is for his best interests and said parties do further request approval of the agreement of this court. 10. Defendants hereby warrant and represent Lne following facts to be true and correct: that Defendant Gary Moors, at all times relevant and material to the incident made the basis of this lawsuit, was acting in the course and scope of his employment with the City of Denton; and that Defendant, the City of Denton, is a municipal corporation, incorporated in Denton SE'i'TLEMM AGREEMENT i CSTI't;LATION FOR JUDGUNT - page 6 4 r limitations, of sections 101.001 et. seq. of the Texas Civil Practice & Remedies Code concerning governmental liability. 11. Plaintiffs hereby represent to Defendants and to the Court that no promises, representations, or agreements not set out herein have been made to them; that this settlement agreement and stipulation for judgment is executed without reliance upon I any statement or representation of any person or parties released f or their representatives, concerning the nature and extent o: the injuries, damages and/or legal liability therefore, but that this settlement and compromise is made of their own free will and accord after consulting with physicians of their own choice and selection, and after consulting with and acting upon the advice of their own attorneys. THE PROVISIONS OF THIS SETTLEMENT AGREEMENT AND STIPULATION FOR JUDGMENT ARE CONTRACPUAL AND NOT MERE RECITALS. WITNESS their hands this _ day of , 7 1988. DWIGHT ANDERSON, Individually and j as next friend of Dana L. Anderson, an incapacitated person ATTEST: CITY SECRETARY LLOYD V. HARRELL 1 CITY OF DENION CITY MANAGER, CITY OF DENTON I (city seal) SETTL ' AGREEWU 6 STIPULATION FOR JUDGMENT - Page 7 l I J 1W ~Wwffw"~W~ This instrument was acknowledged before me by Dwight Anderson, individually, and as next friend for Dana L. Anderson on this day of , 1988. -4 1 Notary Public - State of Texas my commission expires: APPROVAL: H. DUSTIN FILLMORE ATTORNEY FOR PLAINTIFFS RUSSELL WELCH GUARDIAN AD LITEM RONALD H. CLARK ATTORNEY FOR DEFrNDANTS, GARY MOORS & CITY OF DENTON i 1 4 i i I l eswnm*sw NT nuv.f•r STIPULATION POlt JUDGXM ^ Page 8 AND OF FILE