HomeMy WebLinkAbout10-17-1989
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AGENDA
CITY OF DENTON CITY COUNCIL
October 17, 1989
Work Session of the City of Denton City Council on Tuesday.
October 17, at 5:30 p.m. in the Civil Defense Room of City
Hall. 215 E. McKinney, Denton, Texas al which the following
items will be considered:
Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
Regular Meeting.
5:30 p.m.
1. Receive a report on NIX Human Services Steering
Committee Meeting.
2. Bold a discussion concerning Entranceway Plan outlioa
and the development of entranceway regulations.
3. Hold a discussion concerning Eagle Point Subdivision
street closing area.
q. Hold a discussion concerning contracts with
hotel/motel tax recipients.
5. Hold a discussion concerning request from the City of
l Argyle tot sanitary sewer service.
6. Executive S084ion:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Consider action in Penton County _vs~_ City
and In Re: Flow. J
2. Consider action in Ce ky- vs.,9ltyCt_al.
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B. Real Estate Under Sec. 2(t), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
1. Continue annual performance evaluation of
I the Kinir,ipal Judge, City Attorney and City
ManagEr.
2. Consider appointments to the Animal Shelter
Advisory Committee and Building Code board.
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City of Denton City Council Agenda
October 17, 1989
Page 2
Regular Meeting )f the City of Denton City council on Tuesday,
October 17, at 7:00 p.m. in the Council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items
will be considered:
7:00 P.M.
1. [receive a donation for the victims of Hurricane Hugo
from Denton High School students.
h` 2. Presentation of 'Yard of the month,' awards for October.
f 3. Public Hearings
A. Hold a public hearing concerning the
recommendation of the Solid Waste Alternatives
Committee that the City of Denton Solid Waste
Division become the exclusive commercial and
industrial solid waste collection service
provider.
f j 4. Consent Agenda:
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizoc the
City Manager or his designee to implement each item in
f accordance with the Staff recommendations.
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Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
/ agenda. retailed back-up information is attached to the
ordinances (Agenda items 5.A). This listing is provided on the
Consent Agenda to allow Counci) Members to discuss any item
prior to approval of the ordinance.
A. Aids and Purchase Orders:
1. Hid 01014 - Janitorial Service
2. Hid #1019 - Playground Equipment
5. Ordinances
A. Consider adoption of an ordinance accepting
k competitive bids and providing for the award of
contracts for the pucchasc of materials,
equipment, supplies or services.
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City of Denton City Council Agenda
October 1'l, 1969
Page 3
B. Consider adoption of an ordinance of the City of
Denton amending Chapter 13 1/2 (Mechanical Code)
of the Code of Ordinances of the City of Denton,
Texas, adopting the 1985 Uniform Mechanical Code
with certain amendments, deletions, and
additions. (plumbing and Mechanical Code Board
recommends approval.)
C. Consider adoption of an ordinance of the City of
Denton, Texas, prohibiting the parking of
f vehicles on the south side of Cordell Street
between Crescent and Fulton Streets. (Citizens
Traffic Safety Support Commission recommends
approval.)
D. Consider adoption of an ordinance designating and
establishing speed zones on Woodrow Lane from
j McKinney Street to a point 100 feet north of
j Spencer Road.
E. Consider adoption of an ordinance awarding a
contract to Sanus Texas Health Plans, Inc./New
York Life Insurance Company to provide health
insurance coverage for employees and dependents.
f F. Consider adoption of an ordinance awarding a
l contract to August International. Inc. to provide
claims processing services for "run-off" claims
of City's self-insurance fund.
0. Consider adoption of an ordinance approving a
1 funding agreement between the City of Denton and
Fred Moore Child Care Center authorizing the
Mayor to execute the agreement approving the
expenditure of funds.
6, Resolutions
A. Consider approval of a resolution authorla.ing the
City manager to execute an agreement between the
City of Denton and the State of Texas for the
blanket coverage of various projects relating to
the installation and maintenance of certain
highway traffic illumination systems.
7. Miscellaneous matters from the City Manager
1. September budget recap.
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City of Denton City Council Agenda
October 17, 1989
Page 4
8. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. board Appointments
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9. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
10. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 625°-17
V.A.T.S.
B. Real Estate Under Sec. 2([), Art. 6252-17
V.A.T.S.
` C. Personnel/Board Appointments Under Sec. 2(g),
f Art 6252-17 V.A.T.S.
4732M
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CITY of DENTON,'MAS MUNICIPAL BUILDlNO / DENTON, TEXAS 76201 / TELEPHONE(817) 666.8307
Office of the City Manager
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M E M O R A N D U M
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i TO: Mayor and Members of the City Council
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FROM: Betty Williams, Deputy City Secretary
DATE: Octobar 1.3, 1989
SUBJECT: NLC ilLman Services Steering Committee Report
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Council Member Linnie McAdams asked to be listed on the agenda
to report to Council on the NLC Human Services Steering
Committee meeting.
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Betty Wih rams _
Deputy City Secretary
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CITY of DENTON 1215 E. McKinney / Denton, Texas 76201
MEMORANDUM
DATE3 Octvbir 10, 1989
T0i Mayor and City Council
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FRCMi Frank Robbins, Executive Director
Planning and Development
SUBIEC'Ti ENTRANCEWAY PLANNING (STRIP COMMERCIAL I5)
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PURPOSE
The staff and Planning and Zoning are undertaking severel activities
simultaneously. These activities are interrelated and dependent on each
other, Those activities implement the Denton Development Plan and are as
follows$
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o Re-writing, the zoning ordinance.
o "Cleaning up" FD's.
0 Preparing for City initiated rezoning so Denton's zoning would more
closely match the uenton Development Plan's Concept Map.
0 Reviewing zonl.g cases
o Developing an Entranceway Plan
- o Sign Ordinance amendment suggestions.
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This work is being developed based on our research and experience withi
o The policies of the Denton Development Plan
o Appendix A of the Plan
o Recent entranceway zoning cases
o Sign and Landscape Ordinances
o Previous research of PD records
The purpose of the briefing is to seek Council's comments concerning these
activities and, focusing on the regulation seatiun of the Entranceway Plan,
seek your commints on that specific project.
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j f The remainder of this memo will focus on the reguAtions that should apply to
E~ our entranceways and the process for aeveloping th^m,
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piayor and City Council
October 10, 1989
Page 2
BACKGKO D CHk NOLOGY
1. Staff presented the Entranceway Plan outline and a slide show of
entranceways and 19889. about 1.
retreat in Mal, ,
2. The Entranceway Plan outline was presented to the Beautification Task
Force in June.
3. July 12, 1989. IH-35E C zoning case to Planning and Zoning. Planning
and Zoning .eoommends approval, but with several reservations.
4. July 26, 19d9. Planning and Zoning discusses strip commercial problem
and entranceway regulations.
5. August 3, 1989. Introduction of Strip Commercial/Entranceway Planning
process to Governmental Affairs Committee.
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6. August 15, 1989. Council returns 111-35E C zoning case to Planning and
Zoning to consider PD zoning. Staff understands that landscaping and
sign ordinances are not enough and believe there is an unwritten policy
j that all entranceway zoning cases should be PD's.
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1. August 22, 1989. Council members comment during Planning and
Development Department budget workshop that we should move quickly to
deal with entranceway problems.
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8. September 13, 1989. Second Planning and Zoning workshop on the strip
commercial problem and entranceway regulations. They explored the
followings
a. The Denton Development Plan's policy about entranceways
(Attachment 2).
b. The purpose of planned developments as outlined in the Lontng
ordinance.
C. A comparison of the standards and processes associated with
"straight zoning" and Planned Development (PD) zoning.
d. "straight zoning,"
enable specifically "C"
the Planr's,enprovided tranceway enough
policy with the new sign, landscape, tree and curb cut ordinances.
j as Other regulatory approaches than exclusive use of PD's. Their
comments are in Attachment 1.
9. September 21, 1989. Strip commercial paper given out, but not
discussed, at a develo;.ment process meeting sponsored by the Chamber of
Commerce at the Chamber office.
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Mayor and City Council
October 10, 1989
Page 3
1U. September 27, 1989. Tnird Planning and Zoning korksliop on entranceway
regulation. Slide show presented. Planning and Zoning comments are In
Attachment 1. Staff presented Carrollton's new zonirr ordinance as an
example of several entranceway regulatory approaches, and as a
candidate model for the rewrite of our zoning ordinance.
CONTINUING THE PROCESS
1. The Regulatory Approaches. Planning and Zoning will continue to
analyze the following planning and regulatory approaches,
a. Eliminate from the "C" District some of the more distasteful uses
and put them into some kind of a new heavy commercial zoning
district.
b. Develop new commercial/retail zoning district(s) with a "long menu"
of design related standards (like Carrollton, Plano, and
Richardson).
c. Increase landscaping standards and/or building setback, and/or
height standards, and/or use new measure as shown In the Kendig PAS
report.
d. Develop entranceway overlay zoning districts with standards or
gulden for site plan approval.
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e. Develop a land use plan as part of the Denton Development Plan for
major streets, detailing the location an or esign atan ar s
f applicable to specific places. This step could precede new
ordinances.
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f. Require (expensive) traffic impact analyses (TIA's) for all (or
most large) commercial/retail zoning cases and/or plats.
g. Develop a conditional use section In the zoning ordinance which
would allow Planning and Zoning and Council to attach conditions to
"straight zoning."
h. Allow the problem land uses as SUP's.
I. In order to induce larger, more comprehensively designed
landscaping and architecture, increase or develop large minimum lot
sizes.
2. The Process. At Planning and Zoning's meeting on October 25, 1989, we
will hold the fourth Planning and Zoning Entranceway workshop, looking
J more closely at overlay zoning. They will also discuss continuing the
regulatory planning process for our entranceways. i will propose that
we conduct slide show and regulatory approach meetings with the
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Mayor and City Council
October 10, 1989
Page 4
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Beautification Commission and the Governmental Affairs Committee. The
resulto of all these meetings could be folded into the Zoning Ordinance
rewrite or adopted as new neettons, I would suggest that conceptual
l approaches be approved by Planning and Zoning and Council before
i ordinance language is drafted; or alternatively and simply, ttie
unwritten policy of using the current PD ordinance, alone, along all
our entranceways could be codified.
3. Planning and Zoning will also review two entranceway zoning cases on
October 25, 1989.
4. Staff in partnership with the 01SU is preparing a PD zoning application
on University Drive which would use many of the design standards in the
Plan and from Kendig.
Prank K, Robbins
wp
33998
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ATTACHMENT 1
ENTRANCEWAY COMMENTS
A. Council retreat, May 1989.
1. Many different uses (not guod or bad, just observation).
~i 2. Cluttered.
3. Signage is a problem.
4, others have done better.
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5. move ground utilities (add to clutter)
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4 6. Need landecapiag. Btildings and pavement are hotter without it.
7. Lots of asseesed (property) value.
i 8. Getting better.
9. Set a tone.
10. Recognite good work. Get Chamber involved.
11. Need strong portable sign enforcement.
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11. flannera are controversial.
13. Greater setbacks.
14. Use hedges.
15. gear parking.
16. Mark crosswalks.
17. Use patterned brick instead of concrete.
18. Visible [rash bins and utility boxes are problima.
B. Other issues and points that we made in the context of the I-35 body shop
case, the DISD project, and by commiss'oners who have reviewed and
commented on the "Commercial Strip" papers and Kendig, np to
September 1, 1989.
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1. Don't allow metal buildings on entranceways.
2. ?'ark cars that are being worked on in the rear.
3. Add landscape volume as a regulatory standard to screen.
Example: University Bank.
4. Use creeks as an amenity. Beautify creeks.
5. Place pedestrian and bike access along creeks.
6. Use material other than cement in drainage ditches.
7. Development costs increase.
8. Allow intensity bonuses across study area boundary lines when amenity
or public benefit is created outside the study area of the
G development.
i 9. Create entranceway overlay district.
10. Create conditioned use zoning.
11. The parking lot stacking requirement is working wikn the landscape
ordinance's 20% Front yard standard In forcing and locating front
yard landscaping.
C. September 130 1989. Planning and Zoning Workshop eomoents.
1. There are problem uses which are permitted by right in the "C"
District.
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2. Increased landscaping standards, vegetation and berming may be
necessary.
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3. Three-foot high berm or shrubs for parking lots on streets might be
too low, including for car sales.
4. Trade off parking spaces for landscaping.
5. How do we deal with existing development?
6. Should we do this on so many scree a?
ea, sign
noof the t provide existing enough Plan's
7. "Straight ih does use
entranceway
and landscape ordinances
protection.
D. Se"tember 27, 1969. Planning and Zoning Slide Show/Workshop comments.
1. Bay doors facing streets are a problem.
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2. Outside storage should not be allowed.
3. Dumpster locations and screening should be aesthetically pleasing and
functional.
4. Bury utilities.
5. Enlist local business's help in cleaning up grass and trash.
6. Use adopt a street or place program.
1. Dealing with existing "ugltes" and sign clutter is a major problem.
1 8. Something other than grass is needed in parkway landscaping. More
f trees.
9. Build low maintenance medians.
10. Paint fire hydrants deep green.
11. Huge wall signs and using the building as a garnish sign are problems.
12. How will small businesses communicate where they arc?
13. Develop focal point landscaping.
14. Do little things to be more attractive.
k 15. Put vines on fences.
j I 16. Make better use of large grassy areas on interstates.
~I 17. There is an inereastng desire for marque' tigus.
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ATTACHMENT 2
Major Entranceways
The major entranceways are those freeways and primary arterials
predominantly used by incoming traffic into the City of Denton,
I-35 North, I-35 Weat, I-35 East, U.S. Highway 77 (Old Sanger Road),
FM 2164 (Locust Drive), EM 428 (Sherman Drive), Loop 288, FM 2181
(Teasley Lane), Dallas Drive (U.S. Highway 77), Bonnie Brae Street,
U.S. t.ighway 377 (Fort Worth Drive), FM 1830 (Cour_;.ry Club Road), Mayhill
Road, Oak Street, and Hickory Street.
i Development along major entranceways present the first impressions of the
I City to the public eye. The policy of thie Plan therefore is to encourage
and promote good urban design to enhance the aesthetic quality and visual
amenities along entranceways. The following specific guidelines are
required.
1. Development proposals should be reviewed to ensure adequate compliance
f with standards sad requirements including but not limited to:
1 a. Front yard setbacks
b. Building coverage
c. Laniecaping
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c. Curb cute
f. Off-street parking
S. Design and construction of facade
h. Pedestrian access
2. Promote integrated site design and layout which considers adjacent
tracts of ]and with emphasis given to internal circulation as opposed
to continuous strip development.
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CITYo1 DEN70AI,T XA5 MUNICIPAL BUILDING /DEN TON, TEXAS 76201 / TCLFPMONE(817)566.8307
Office of the City Manager
M E M O R A N D U M
TO: Lloyd V. Harrell, City Manager
FROM: !tick Svehla, Deputy City Manager
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DATE: October 13, 1989
SUBJECT: Action on Myrtle Street
Wo have included all the information from the progress for the
Eagle Point Subdivision and the off site problems it might
create. What we are looking for from the Council is direction
f~ for the staff. As Jerry's information suggests. staff is still
concerned about people using Locust and Myrtle to a mi:ch more
extent. This would cause us to look at mayor improvements as
well as extensive signalization on Eagle. Both P&L and the
Traffic Safety Support Commission have suggested only closing
Myrtlo. This is a viable solution if we plan to make
substantial improvements in the future, or we c)utd close it in
y~ the future if the substantial improvements can't be funded. As
Jerry's information indicates, we think a major improvement to
the two commissions, suggestions would be the traffic
improvements at Locust that would allow for only right in and
right out movements at Nagle and Locust Streets.
We think either option can work and we, would like some
direction from the Council as to which way staff should
proceed. Wo will proceed in this direction when the Eagle
Point Subdivision is submitted in tho final platting process.
Staff will be available at your convenience to answer. any
quest you might have.
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Rick Sev la
Deputy City Manager
RS:nb
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Yot08NT07V,''rEXAS MUNICIPAL BUILDING i DENTON, TEXAS7620[ i TELEPHONE (817) 566-82CO
MEMORANDUM
DATE: September 14, 1984
T0: Rick Svehla, Deputy City Manager
FRO14: Jerry Clark, City Engineer
SUBJECT: Myrtle/Locust - Eagle Point
I will try to summarize the process that has occurred witn the
Myrtle/South Locust road effects on Eagle Point. -To date, this
issue has been considered by City Council, Planning and Zoning,
Traffic Safety, and all levels of City Staff.
Our original recommendation is shown as Alternative A. Our
feeling then and now is that the infrastructure on Myrtle and
Locust will not support the anticipated loading 'from short
cutters, delivery trucks, and others. A new signal at Collins
at Ft. Worth Drive would provide all the necessary access to
that effected.'.-area off Ft. Worth urive. Most of the
infrastructure--problems arcs significant with potential
k liability if motorists have mishaps with the narrow roads, deep
borrow ditches.;_. drainage problems, and most significantly the
effects on South Locust at Eagle. Future signalization will
j create excessrve delays at the Bell-Eagle intersection as
motorists have to travel about 200' Detween the two future
coordinated signals.
This action accentuates the geometry problems with the sharp
bend at the railroad bridge, the narrowness of that bridge, and
heavy traffic volumes to the University of North Texas ,and the
Central Busines4.District.
Traffic Safety-Commission felt that only Myrtle Street should
be closed and were urged by staff to limit Oaugherty to private
access. They accepted that as shown by the plan labeled
modified Alternative E. The vice chair, Alice Uore recommended
a bull head (traffic island) at Eagle/Locust to eliminate
future signalization by allowing right-in right-out movements
only That was not accepted by Traffic Safety but staff feels
the idea is excellent.
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Rick Svehla
Myrtle/Locust-Eagle Point
page 2
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The Planning and Zoning Commission reconsidered the issue and
agreed with Traffic Backup from Safety except
meetingh and Traffic Safety was
back up..- p
expansive and most issues were eliminated by those two bodies.
Therefore, we have pared the concepts down according to their
guidance. Several alternatives that limited access through cul
de sacs or partial closings were not included laded as they were
Traffic
determined to have merit by Planning and Zoning and Safety.
If the City Council feels the roads would be left open, except
Myrtle from South Locust to Daugherty, then'CIP 'Funds should be
allocated to upgrade those roads to safely support two way
traffic. Construction of two lane curbed streets with drainage
will oe paid for by reducing all most certain liability
exposure. The final issue in our opinion is to limit exposure
to future (right-in and right-out) awouldube a and Eagle. Infrastructure
costs could run as nigh as 1.5 million dollars if all the worst
scenarios occur to this quadrant.
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CITY of DENTON, T"AS 215 E. WKINNEY I DENTON, TEXAS 75201 I TELEPHONE (817) 588-8200
MEMORANDUM
DATE: August 9, 1989
TO: Planning and Zoning Commission
FROM: dacsg.-Clark, City Engineer
SUBJECT: Traffic Safety Action on South Locust/Myrtle
The Traffic Safety Commission listened to several residents and
business owners in the South Locust and Myrtle areas responding
to proposals A through E as originally presented to City
Council and the Planning and Zoning Commission.
Overwhelmingly, they were very dissatisfied with all except
Alternative E. Staff made a strong recommendation that
Alternative A be selected, The main reasoning behind that was
the problems that will be created at South Locust and Eagle.
Eventually, this will require significant expenditures to
upgrade that intersection and synchronize signalization between
this intersection and the Bell/Eagle intersection. Significant
delay problems will res+ilt to motorists traveling the major
I arterials of Bell and Eagle Drive from this action in our
opinion.
The final recommendation from Traffic Safety was a modification
of Alternative E. In that recommendation, they recommended
that Myrtle be closed from South Locust to Daugherty in its
entirety and that access to the southernmost house will be
maintained. The existing section has no use and in fact is
dangerous. They also recommended that Daugherty be limited to
privato accesi only for the Shelbys between Myrtle and South
Locust. Staff was directed to work out some method of design
to insure that this would happen. The Traffic Safety
Commission also directed that funds be placed in the Capital
Improvements program for upgrading of South Locust north of
Eagle Point. The Eagle Point developer was at the meeting and
basically agreed to provide perimeter street paving along his
frontage to the intersection of South Locust and Myrtle. The
Myrtle location is that from which abandonment or closure of
that road will begin. This will leave a significant distance
for the City.o.f Denton to provide improvements at least
minimally to a IS foot back to back, two lane, two way roadway
up to Eagle Drive. The residents and commissioners were
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specific that the roadway was to remain two way. One of the
reasonings behind this was to allow residences across the
railroad in the Daugherty area to cross down into the Eagle
Point shopping area without having to exit to Dallas Drive.
In summary, our recommendation to Traffic Safety was to select
Alternative A as originally proposed in the detail plan and
toning case presented to P & Z. Our secondary recommendation
if they felt that Locust should be left open was to provide
adequate funds through the C1P to upgrade these roads as soon
as possible-including traffic signal modifications at Locust
and Eagle Drive. The commission did modify that recommendation
to a solution that would provide more practical sense and more
practical implementation than Alternative E. We strongly
approve their modifications. The price tag for Alternative E
would also be slightly reduced in that their recommendation was
not to improve Myrtle until that time where ultimately traffic
volumes and conditions dictated that increased funding be
utilized to provide more capacity. We still feel Alternative
1 A, based on traffic impacts, is the best solution.
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Alice Gore, Vice Chairman of Traffic Safety will be at the P 6
Z meeting to provide any backup or input that the commission
had recommending its final solution.
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tCiry of VMNTON / 215 E. McKinney / Denton, Texas 16201
MEMORANDUM
DATE: August 2, 089
Citizens Traffic Safety Support Commission
T0:
FROM: Jerry Clark, City Engineer
14 SUBJECT: SOUTH LOCUST/MYRTLE TRAFFIC MANAGEMENT PATTERNS
l The area between South Locust, Fort Worth Drive, Eagle Drive
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I and I-35 has been a fairly sleepy area over the past ten years
as development, other than one mini-warehouse location, has
j been very limited. In the last six months, a major development
nSankfon FortcWorth
named Eagle Point Citzen's shopping
National
and property surrounding Drive and I-35. That shopping cc;.kec would include an
Aibertson's, a major theater# and many satellite ntores that
would compliment those two major tenants.
considered by City Council in June at n s and the
This issue was originally
which time they became concerned °staffraandc accept d by the
street closures recommended by on South Locust
developer. The developer will have frontage
all the way from 1-35 to just south of the Selby Nursary. Our
original recommendation which corresponds to Alternative A was
to close South Locust Street from I-35 to Daagherty and also
close myrtle from its ilitersection with South Locust to
Daugherty. This wo>>ld force the majority of the traffic to use
Fort Worth Drive as the major access. It would prevent short
cuts through the neighborhoods and eliminate heavy impacts on
Myrtle and South Locust. Neither street is capable of handling
major improved traffic movements standards since for pavit has never been ement widths, radii,or officially
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we would like to quickly co through the five alternatives and
present a final one that was recently provided to us by
citizen in the area. I will then cover some of the
considerations and discuss some issues that significantly
affect Alternative A:
This was our original recommendation to the developer and City
Council. The basic thefeocne°fsmall alternativeonis1 t35 dwithibthe
access away
majority coming from highway 377. It would also allow the
development to have very clean truck access to the Albertson
store, the theatre, and the other small stores with very little
inner effects from local traffic.
could healso re sbemproo be enough
room that some employee parking
rear.
This proposed scenario would also help the area north of
Daugherty to use the Collins at Fort Worth Drive signal and
would greatly reduce the need for signalization of South 1,ocust
at Eagle. That is a major issue in that It is very close to
the Bell/Eagle signalized intersection.
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Alternatives B 6 C:
on closed from
These oalternatives recond ne constant -thatmbeingpMyrtle closures s being h
only one asi South Locust Se cty' These y ands the isubstati on bwi h cathlly
keep access to o the he Selby Nurser
col-de-ear placed in various locations. This is intended to
create a circuitous route through the area utilizing existing
stre9ts. There are many cons to these--major of which ie tha i,
streets, existing as they are today, not capabl of
supporting any, traffic loads above what they have at this
time. Both also limit he ability the neighborhood if they
using are it for access to come from 1-35.
The manor problem with thepaved solutions thatha hasaugsignificant
very smalll$ , partially crone between the
pedestrian on the traffic. The nursery people t$ f facilities on the north and south scking beingomremoved and
expansion of this road without pa
adversely affecting safe exits from buildings. The alternative
for each of these would be to go either south of the Selby
Nursery or north of the substation with a cross connecting road That would then to' eliminate Daugherty.
public access prevented mthroughrisome
access only with
pumper design feature. Both alternatives again have many o
the same problems in that you have two 90 degree turns for
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vehicles to make. This does keep this circuitous route which
discourages a great deal of short-cutters, but it also leaves
open possible traffic hazards. Proper design methods utilize
300 foot radii and smooth even curves. Trucks would have
trouble as more and more people became aware of this route
through the back areas if traffic on Fort Worth Drive continues
to increase.
Alternative D_
Alternative D has some merit in that if South Locust is to be
closed, the main area to be protected would be the residential
/ neighborhood just north of Collins. This would allow access to
all businesses in the area, and closes myrtle Street and keeps
the circuitous method mentioned previously. There again, there
is a major chance that you will have many people ending up in
areas they had not intended. This continues to use Daugherty
as a major cross connection. Again, if this sort of
alternative was selected, we would recommend that Daugherty be
moved either south of the Selby Nursery or north of the
electric sub-station. This again would increase costa
significantly, but would make the routes much safer.
Alternative E:
This alternative would upgrade all roads in the area to meet
proper design features and standards. Total costs for this
could be in the range of $2 to $2.5 million. Locust, to be
i improved as a two lane road, would be approximately 350,000.
Myrtle, if right-of-way was nou donated, would be 600,000.
The Locust/Bell/Eagle signals would be about $1001000, and if
the intersection and Bell/Eagle was expanded to include proper
capacity under the railroad bridge, you could add an additional
$500,000 to $1 million. Upgrade of that intersection is
estimated at approximately $500,000 including rerouting turn
lanes and relocating medians. Our current plan for this
intersection would not be doing major modifications of that
sort for another tan years approximately as the recent
modifications in 1983 or 1984 seem to be addressing the traffic
during all but the heaviest peak hours. The left turn stack
has significantly backed past the railroad bridge. This
alternative has the heaviest impact on the existing
neighborhood and almost guarantees that people living in the
area would not be able to maintain their neighborhood. If
zoning or continued development of this area into commercial
areas is an ultimate goal of the City, then this is a
recommendation that should be followed. It is critical,
however, that South Locust be rebuilt with proper design
features from 1-35 to Eagle, and Myrtle be rebuilt from
South Locust to Collins (Highway 377) in its entirety. All
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adequate drainage facilities, proper right-of-way dedications,
upgrades of intersection radii, traffic control devices, and
all other appurtenances are critical to ensure that these
alternate routes would function cor!ectly.
Alternative F:
A final alternative has been recommended by a resident in the
area. That would be to upgrade South Locust from 1-35 to Eagle
to make it either a two or three lane one-way street. The main
purpose of this would be to create a direct route into the
Central Business District that would line up and encourage
people to go to the Downtown area. That way people heading
into that area would not have to go into the Fort worth Drive
intersection. This would greatly reduce potential conflicts on
this road at the intersection of Daugherty, Collins, and Eagle
Drive. It would also limit the effects on the shopping center
in that many vehicles from the north or eastern edges of town
would exit here and utilize Locust to Eagle to access Bell for
other connections to the north and eastern parts of town.
Another recommendation was to consider removal of the left turn
from Dallas Drive/Bell westbound onto Eagle Drive. That is the
heaviest movement at this time. Many North Texas students and
faculty apparently use this to gain access to the University of
North Texas campus. we also fiel that significant business
access to the Central Business District utilizes that same
movement. This would force many people to use this new South
Locust Street. However, a major benefit would occur if this
very aensitive suggestion was considered in that a left turn
that currently stacks back and clogs up the inner northbound
lane of Dallas Drive/Bell would no longer be a problem, and the
widening of the road under the railroad bridge would no longer
be an issue. This would place a heavy load or most likely
Prairie and Sycamore as people heading to the Central Business
District from Dallas Drive would have to look at other routes.
People in the downtown area could also wait and use Oak and
Hickory or even McKinney if necessary. The worst effects of
the whole area would be on those people going to the University
of North Texas who would have to seek another route unless they
proceeded further north and used Oak Street to enter the campus
-1 from the north.
Those are a summary of the alternatives. We have included the
entire Planning Department packet that was presented to the
City Council for your poruaal. I will now go over several
issues of the South Locust Street route.
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G
Deficiencies
1. The railroad right-of-way existing along one side makes
construction of a collector the entire length from I-35 to
Eagle--almost the entire route to Eagle--a fairly costly
street in that utilization will only occur on one side.
This obtainshaugood acostiben fit ratio. entThis t could also slimit
the future right-of-way expansion in that railroad
right-of-way is not normally obtainable and any additional
rigght-of-way would have to be obtained along the west side,
which would affect bu;;inesses and residents in the areas.
2. To place a collector so close to Fort Worth Drive iE not
proper design. Signalization and intersection patterns
along greater arterial
distances (one-fourth to should one-third Ce
much mile
preferred). The major problem is, of course, the South
Locust/Eagle and the Bell/Eagle intersection.
3. negative The route would go through existing residential are a as. The
question.
4. The existing road cross section is much too small which
dictates tmih consideration sof at the road
has to be upgraded and would pus least
a good share of Alternative E.
5. Many borrow ditches on the area are very deep and
E
dangerous. These would have to be eliminated with proper
drainage, fill, and grading work.
6. ;ignalization issues will be very important in that
Nell/Eagle and South Locust/Eagle will have to be
re-signalized probably within one to two years. It could
tend to under-utilize the Collins/Carroll signal which has
been recommended for signalization as soon as funds became
the funding
ighwaye 3774 wifor dening this frhas been to
om 1-35 to
include available. this Ainpossible
Collins Street.
7. Thu Elm connection (Highway 377 and Highway 77) between
Eagle and Carroll also provides major circulation in the
tending
areaO We are complicate intersection movements with this a whole rissueavily circuitous#
standards
9. The y constructed, a nd not designed to modern are
poor .
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9. The costs to upgrade Locust and Myrtle are listed under
Alternative E. The total cost, however, is in the $2
million to $2.5 million range which is a very major project
for Denton. The developer at this time would not be
responsible for these costs.
we have several other areas of concern that relate to design
deficiencies.
1. The major one at this time is Myrtle Street. As
aware, it was recommended for closure in all alternatives
except E. It has to be upgraded in that some planes are no
more than 15 feet wide, has very deep borrow ditches, and
is very dangerous in its current condition.
2. The Daugherty railroad crossing would be emphasized by an
increased emphasis on creating collectors through this
area. As we are aware from the daily situations that occur
at McKinney, at the railroad, Mockingbird, and Texas
Streets, emphasizing railroad crossing through major roads
creates significant traffic congestion. Many times major
trains pass through town during peak hours such as eight
o'clock and five o'clock. Although we have City ordinances
restricting this, this seems to occur on a regular basis.
3. Creating a major collector that does not run from
intersection to intersection. The connection of the
drive-way type connection south and east of the Highway 377
a,:d I-35 intersection is not standard design
' procedures and
limits the access that would be available to the public at
I the Highway 377 and I-35 Interchange. It seems most likely
that we should tend to concentrate money and upgrade that
intersection versus creating an alternative route that has
limited effectiveness.
4. The truck traffic, especially from Albertson's delivering
the produce and supplies, would be in conflict with
collector traffic.
Alternative/Future Uporades: j
The City of Denton is considering upgrading Highway 377 between
1-35 and Collins Street where Carroll Boulevard currently
terminates. That would give us a minimum of four-lane divided
thoroughfare with a median and turn lanes. One of the major
problems on Fort worth Drive is the many driveways and no left
turn lanes to get left turners out of the thru lanes. The
j drive-ways need to be upgraded to modern standards including
elimination of lay-down curbs. Medians would limit access to
special points. The intersection of Lindsey at Highway 377
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Citizens Traffic Safety Support Commission
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would also be signalized by the Eagle Point developer. This 1
will allow another safe access point in addition to the Collins I
signai. These would seem to be a major positive for the area
and address many of the issues that people are trying to build
an alternative route to.
This project could be given emphasis and even consideration to
widening to a six lane with traffic control devices properly
constructed at the intersection of r-35 until that bridge can
be upgraded to six lanes. Again, it is our recommendation that
you should spend your money on the major arterials and at the I
major intersections where we feel you get more results for the A
money. Creating short-cuts and alternative routes can be
effective for a while, but ultimately the traffic management
through these sort of systems can be very difficult and create
more problems to solve than you had in the first place.
Another future connection would be the road coming through the
Raynor Addition to Myrtle/Daugherty. This would affect another
neighborhood. Commercial uses have already been platted
throughout the area. This would continue to give people the
access from Fort Worth Drive through a lightly traveled area.
Developments in this area would not be of the magnitude as the
Albertson's or the theatre. Truck traffic going to Selby's and
the Auto shops would also be under much safer traveling
conditions. That also brings up a major issue in that the
current route traveled by the Selby trucks and others is very
R winding with radii far below minimums. It is very questionable 1
whether such a route would function as well as people think it
has today under increased traffic loads. A major improvement
for this area would be the signalization of Collins at
Carroll/Fort Worth Drive and Lindsey at Fort Worth Drive.
These will give two very safe connections to the major arterial
where the existing conditions during peak hours create a very
challenging movement to obtain safe access to Highway 377.
Finally, the alternative to Daugherty north of the Sub-station
or south of the Selby Nursery would provide an alternative to a
very unsatisfactory road for traffic above 200-300 vehicles a
day. The Selby Nursery has significant pedestrian traffic.
Across Daugherty there is no room to obtain the proper 24 foot
road and still maintain existing parking, and the turns are
very sharp and will not allow for proper design intersection
radii.
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In summary, we have looked at many issues for this area.
Placing a major development into an existing area always
creates a need for City to reassess its planning efforts and
consider all alternatives before going ahead with an issue or
an alternative that may greatly affect its future. The
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Engineering staff feels that the original solution presented as
Alternative A has many merits, If that is not acceptable, then
we would recommend either Alternative E with Complete upgrade
of the entire area or consideration of the one-way issue and
possicle modifications of the Bell/Eagle intersection.
Thanks for your consideration.
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Attachments
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page 2
Iwuchukwu said the fence does not presently pose a major traffic
problem. It does have future potential ha2ards when the subdivision
is fully developed, There is a great chance when that happens the
speed would exceed 35 T,ph. If that happens, the length of
perception reaction time for traffic coming east bound and traffic
traveling south bound on Crestmeadow would be 120 feet. The speed
limit would have tc be reduced in order to provide enough sight site
stopping distance.
Iwuchukwu said the reason the fence was not caught in time was that
Feucht did not obtain the regular permit before building the fence.
Frances Laforte asked it the transparency was drawn to scale. If
` so, 100 feet would be cut off.
Feucht said it was not not drawn to scale. He said the fence was 2S
feet from the curb so it was close to scale of 1' • 20 feet.
Gore asked what the city's liability would be in case of an accident
if it was proven the accident was caused by site distance.
F Iwuchukwu said the City would be partially liable.
Erwin asked if the modification was allowed and a year from now the
City asked the owner to remove the fence whether that would be
possible. Iwuchukwu said it would be difficult to enforce.
Feucht said originally when the building permit was applied for
there was no intentions of having a fence. The buyer asked that the
fence be built and a permit was obtained.
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Gohlke asked if a permit was issued for the fence. Iwuchukwu said
the fence was not on the plan when the building permit was applied
for. The fence was put in after the fact.
Commissioners asked to see the fence permit and discussion was
tabled until the permit ras obtained.
After the original permit was presented along with the inspectors
report, comulssioners reviewed the material and Gohlke called for a
vote.
STAFF RECOURKDEDI Coaply with subdivision regulations of 25'x2S' for corner '
clip
COMMISSIONERS: Alice Gore made a motion to accept staff recommendation
and David Graham seconded the motion. Motion passed
unan Wusly.
ITEM III. EAGLE POINT SUBDIVISION ~ALBERTSON STORE) CWSING PORTIONS OF SOUTH
LOCUST AND MYRTLE STREBTSI
Jerry Clark, City engineer presented the request. Clark said the
Mayor and City Council asked the ci.tixens Traffic safety support
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Commission to conduct a traffic impact capacity street analysis,
Myrtle evLew n to
alternatives, and to make t a Secommendationreaccordinglyantonmthe
Planning and Zoning Commission.
Street closures recommended by staff and accepted by the developer
are for the developer to have frontage on South Locust all the way
from 135 to just south of the Selby Nursery. Staff's original
recommendation which corresponds to Alternative A was to close South
Locust Street from 135 to Daugherty and also close Myrtle from its
intersection with south Locust to Daugherty. This would force the
majority of the traffic to use Fort Worth Drive as the major
access. It would prevent short cuts through the neighborhoods and
eliminate heavy impacts on Myrtle and South Locust.
The following alternatives cover some of the considerations and
issues that significantly affect the South Locust Street route.
Alternative A:
This was our original recommendation to the developer and City
Council. The basic affect of this alternative is to distribute
access away from the one small driveway on I-35 with the uajority
coming from Highway 377. It would also allow the development to
have very clean truck access to the Albertson store, the theatre,
and the other small stores with very little inner effects from local
traffic. There seems to be enough room that some employee parking
could also be provided in the rear.
This proposed scenario would also help the area north of Daugherty
to use the Collins at fort Korth Drive signal and would greatly
reduce the need for signalixation of South Locust at Eagle. That is
a major issue in that it is very close to the 8e111Eagle signalized
intersection.
Alternatias 8 i C.
These alternatives recommend partial closures in the area with only
one constant--that being Myrtle street being closed from South
Locust to Daugherty. These alternatives would basically keep access
in Various ll lOCationsl. and the substation
with create the a cul-de-sac
circuitous placed rout*
through the area utilising existing streets. There are many cons to
these--major of which is the streets, existing as they are today,
are not capable of supporting any traffic loads above what they have
at this time. Both also limit the ability of the neighborhood if
they are using it for access to come from I-35.
The major problem with these solutions is that Daugherty is a very
small, partially paved road that has significant pedestrian
traffic. The nursery people cross between the facilities on the
north and south sides. No room exists for expansion of this road
without parking being removed and adversely affecting safe exits
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from buildings. The alternative for each of these would be to go
either south of the Selby Nursery or north of the substation with a
cross connecting road to eliminate Daugherty. That would then
become a private access only with full public access prevented
through some proper design feature. Both alternatives again have
many of the same problems in that you have two 90 degree turns for
vehicles to make. This does keep this circuitous route which
discourages a great deal of short-cutters, but it also leaves open
possible traffic hazards. Proper design methods utilize 300 foot
radii and smooth even curves. Trucks would have trouble as more and
more people became aware of this route through the back areas if
traffic on Port Worth Drive continues to increase.
Alternative D•
Alternative D has some merit in that if South Locust is to be
closed, the main area to be protected would be the residential
neighborhood just north cf Collins. This would allow access to all
businesses in the area, and closes Myrtle street and keeps the
circuitous method mentioned previously. There again, there is a
major chance that you will have many people ending up in areas they
had not intended. This continues to use Daugherty as a major cross
connection. Again, if this sort of alternative was selected, we
would recommend that Daugherty to moved either south of the Selby
Nursery or north of the electric sub-station. This again would
increase costs significantly, but would make the routes much safer.
Alternative 8•
This alternative would upgrade all roads in the area to meet proper
design features and standards. Total costs for this could be in the
range of $1 to $2.5 million. Locust, to be iMroved as a two lane
road, would be approximately !350,000. Myrtle, if right-of-way was
not donated, would be 5600,OOO. The Locust/aell/Eagle signals would
E be about 1100,000, and if the intersection and Bell/eagle was
expanded to include proper capacity under the railroad bridge, you
- could add an additional 1500,000 to $1 million. Upgrade of that
intersection is estimated at approximately $500,000 including
rerouting turn lanes and relocating medians. Our current plan for
this intersection would not be doing major modifications of that
sort for another ten years approximately as the recent modifications
in 1983 or 1984 sees to be addressing the traffic during all but the
heaviest peak hours. Tho left turn stack has significantly backed
past the railroad bridge. This alternative has the heaviest Impact
on the existing neighborhood and almost guarantees that people
living in the area would not be able to maintain their
neighborhood. If zoning or continued development of this area into
commercial atoss is an ultimate goal of the City, then this is a
recommendation that should be followed. It is critical, however,
that South Locust be rebuilt with proper design features from I-3S
to Bagla, and Myrtle be rebuilt from South Locust to Collins
(Highway 3771 in its entirety. All adequate drainage facilities,
proper right-of-way dedications, upgrades of intersection radii,
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traffic control devices, and all other appurtenances are critical to
ensure that these alternate routes wou1S function correctly.
Alternative F:
A final alternative has been recommended by a resident in the area.
That would be to upgrade South Locust from ;-35 to Eagle to make it
either a two or three lane one-way street. The main purpose of this
would be to create a direct route into the Central Business District
that would line up and encourage people to go to t4a Downtown area.
That way people heading into that area would not have to go into the
Fort Worth Drive intersection. This would greatly reduce potential J
conflicts on this road at the intersection of Dlugherty, Collins,
and Eagle Drive. It would also limit the effects on the shopping
center in that many vehicles from the north or eastern edges of town
would exit here and utilize Locust to Eagle to access Bell for other
connections to the ncrth and eastern parts of town.
Another recommendation was to consider removal of the left turn from
Dallas Drive/Bail westbound onto Eagle Drive. That is the heaviest
movement at this time. Many North Texas students a.1d faculty
apparently use this to gain access to the University of North Texas
campus. We also feel that significant business access to the
Central Business District utilizes that sane movement. TW s would
force many people to use this new South Locust Street. However, a
major benefit would occur if this very sensitive suggeatio.i was
considered In that a left turn that currently stacks back and :logs
up the inner northbound lane of Dallas Drive/Bell would no longer be
a problem, and the widening of the road under the railroad bridge
would no longer be an issue. This would place a heavy load on most
likely Prairie and Sycamore as people heading to the Central
Business District from Dallas Drive would have to look at other
routes. People in the downtown area could also wait and use Oa+ and
Hickory or even McKinney if necessary. The worst effects of the
whole area would be on those people going to the University of North
Texas who would have to seek another route unless they proceeded
further north and usod oak Street to enter the campus from thv north.
Those are a summary of the alternatives. We have included the
entire Planning Department packet that was presented to the City
council for your perusal. I will now go over several issues of the
South Locust Street route,
DefiCiencle!
The railroad right-of-way existing along one aide makes construction
of a collector the entire length from 1-35 to Eagle--alraost the
entire route to eagle--a fairly costly street in that utilization
will only occur on one side. This should make It more efficient but
not necessarily obtain a good cost-benefit ratio. This could also
limit the future right-of-way expansion in that railroad
right-of-way is not normally obtainable and any additional
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August 7, 1989
page 6
right-of-way would have to be obtained along the west side, which
would affect businesses and residents in the areas.
A To place a collector so close to Port worth Drive is not proper
design. Signallzation and intersection pattizos along an arterial
such as Eagle Drive should be spaced at much greater distances
(one-fourth to one-third mile pr,ferred). The major problem is, of
course, the South Locust/Eagle and the Bell/Eagle intersection.
The route would go through existing residential areas, The cegative
effects of major traffic patterns is a zoning question.
The existing road cross section is much too small which dictates
that to meet liability considerations, the road has to be upgraded
and would push consideration of at least a good share of Alternative
E.
Many borrow ditches on the area are very deep and dangerous. These
would have to be eliminated with proper drainage, fill, and grading
work.
Signalization issues will be very important in that Bell/Eagle and
South Locust/eagle will have to be c*-signalized probably within one
to two years. It could tend to under-utilize the Collins/Carroll
signal which has been recommended for signalization as soon as funds
became available. A possible funding method for this has been to
Include this in with the Highway 377 widening from I-35 to Collins
j street.
The Elm connection (Highway 377 and Highway 77) between Eagle and
Carroll also provides major circulation in the area. we are tending
to over-circulate and very heavily complicate intersection movements
with this whole issue.
The Myctle/Daugherty/Locust intersections are circuitous, poorly
constructed, and not designed to modern standards.
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The coats to upgrade Locust and Myrtle are listed under Alternative
8. The total cost, however, is in the $2 million to $2.5 million
range which is a very major project for Denton. The developer at
this time would not be responsible for these costae
Several other areas of concern that relate to design deficiencies
are as follows:.
The major one at this time is Myrtle Street. As you are aware, It i
was recommended for closure in all alternatives except Be It has to
be upgraded in that some places are no more than 15 feet wide, has
very deep borrow ditches, and is very dangerous in its current
condition.
The Daugherty railroad crossing would be emphasized by an increased
emphasis on creating collectors through this arss. As we are aware
from the daily situations that occur at Mclinney, at the railroad,
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Mcckingblcd, and Texas Streets, emphasizing railroad crossing
through major roads creates significant traffic congestion. Many
times major trains pass through town during peak hours such as eight
o'clock and five o'clock. Although we have City Ordinances
restricting this, this seems to occur on a regular basis.
Creating a major collector that does not run from intersection to
intersection. The connection of the drive-way type connection south
and east of the Highway 377 and I-35 intersection is not standard
design procedures and limits the access that would be available to
the public at the Highway 377 and I-35 interchange. It seems most
likely that we should tend to concentrate money and upgrade that
intersection versus creating an alternative route that has limited
effectiveness.
The truck traffic, especially from Albertson's delivering the
produce and supplies, would be in conflict with collector traffic.
Alternative/Future opgradea:
The City of Denton is considering upgrading Highway 377 between I-35
and Collins Street where Carroll Boulevard currently terminates.
That would give us a minimum of four-lane divided thoroughfare with
a median and turn lanes. One of the major problems on Fort North
Drive is the many driveways and no left turn lanes to get left
turners out of the thru lanes. The drive-ways need to be upgraded
to modern standards including elimination of lay-down curbs.
Medians would limit access to Special Points. The intersection of
Lindsey at Highway 377would also be signalized by the Eagle Point
developer. This will allow another safe access point in addition to
the Collins signal. These would seem to be a major positive for the
area and address many of the issues that people are trying to build
an alternative route to.
This project could be given emphasis and even consideration to
widening to a six lane with traffic control devices properly
constructed at the intersection of I-35 until that bridge can be J
upgraded to six lanes. Again, It is our recommendation that you
should spend your money on the major arterials and at the major
Intersections where we feel you get more results for the money.
Creating short-cuts and alternative routes can be effective for a
while, but ultimately the traffic management through these sort of
systems can be very difficult and create more problems to solve than
you had in the first place.
Another future connection would be the road coming through the
Raynor Addition to Myrtle/Daugherty. This would affect another
neighborhood. Commercial uses have already been platted throughout
the area. This would continua to give people the access from Pact
Worth Drive through a lightly trawled area. Developments in this
area would not be of the magnitude as the Albertson's or the
theatre. Truck traffic going to Selby's and the Auto shops would
also be under much safer traveling conditions, That also brings up
a major issue in that the current route tratieled by the Selby trucks
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CTSSC MINUTES
August 7, 1939
page 9
and others is very winding with radii far below minimums. It is
I very quesaionaole whether such a route would function as well as
people think it has today under increased traffic loads. A major
-1 improvement for this area would be the signalization of Collins at
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Cafroll/Port Worth Drive and Lindsey at Port Worth Drive. These
will give two very safe connections to the major arterial where the
existing conditions during peak hours create a very challenging
movement to obtain safe access to Highway 377.
Finally, the alternative to Daugherty north of the Sub-station or
south of the Selby Nursery would provide an alternative to a very
unsatisfactory road for traffic above 200-300 vehicles a day. The
Selby Nursery has significant pedestrian traffic. Across Daugherty
there is no room to outain the proper 24 foot road and still
maintain existing parking, and the turns are very sharp and will not
allow for proper design intersection radii.
The developer will be installing a signal at Lindsey and Pt. Worth
Drive as part of his development. There will be turn lanes Vor
southbound Pt. Worth Drive to get people safely in and out of the
travel lanes. The developer is being asked to pipe his own water
all the war up Myrtle to Collins where there is a major pipe system
that drains Pt. Worth Drive and Carroll eventually dumping into
Pecan Creek.
The Planning and Zoning Commission considered the detail plan and
approved it with Alternative A as a reasonable method of traffic
control. The City Council looked at it in June and after input from
some residents felt that it needed another look. It was taken back
to the Planning and Zoning Commission approximately 3 weeks ago
where they had a study session and made no recommendation waiting on
CTSSC to give direction to them. It is going to be a hurry up deal
because the developer has been delayed a significant time but P A Z
will consider CTSSC recommendation at their next meeting and would
like a representative from CTSSC to present its recommendation.
Clark said the City was given some additional funds to consider for
improvements. The State Highway Department originally required the
city to participate approximately lot of their projects. Curb and
guttering and longitudinal drainage is what was paide The State
eliminated that requirement 2 years ago. The participation money not
used on the south and could be used it the City Council deems it
proper to use to rebuild Port Korth Drive from 135 up to Collins.
This seems to be acceptable from the major decision makers of the
City. A tour lane divided road would be constructed versus a four
lane to get left turaers out of the way of through traffic giving a
significant increase in capacity. It the project takes place, it
would address the driveway issues. Instead of having a driveway
every 101, we would tend to selectively talk to businesses and
design driveways that would allow the same sort of access.
Although, there would not be a median opening all the way up and
down fort worth Drive. They would have to utilize Lindsey Street
signal ar.J there could possibly to one median cut in between 135 and
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CTSSC MINUTES
August 7, 1989
page 9
Oft Lindsey but this would have to be carefully considered. All the way
up to almost Collins there would be a great reduction in driveways.
There would be more right-in rtght >ut driveways eliminating
conflicts making a safer road.
Rick Barrier came forward to discuss Alternative P which he had
presented. Be said we should think of what is best for Denton for
the future. There is not a good way at present to get downtown.
Any changes with the raalroad track would cost a lot of money and
cause a lot of trouble in repairs etc. The test solution would be
to get off 135 and go down Locust. There would be no stop lights
until you get to Eagle/Locust which there are two intersections too
-1 close. These intersections could be cedesigned into a circle type
intersection with left turn lanes. This section of town is a little
under developed and an eye sore. If there were more people going
downtown, sooner or later property owners would want to build that
up and that should be our ultimate goal.
Nancy Martin, Mr. and Mrs. Johnny Miller, Cathy Cray, Richard Selby
and George Selby came forward and spoke in opposition of closing
South Locust. All felt if traffic was cut off of South Locust they
would not be able to survive,
Clark said it appears that the residents do not mind the traffic and
staff does not wrnt to place a hardship cc put anyone out of
business.
Commissioners discussed the various alternatives. Erwin asked under
Altecnative,E whether Locust and Myrtle are to be rebuilt all the
way. Would it be necessary to rebuild the southern and, the western
portion of the Selby's property, could that
renovations as needed on Locust then when money b il closed
renovate the Myrtle section, Clack said this would be a good
approach. If this option is chosen, Daugherty should be shut down
between Myrtle and South Locust. Whatever money is spent it should
be spent on South Locust and Daugherty should also be looked at with
some future plan.
Erwin asked if the western portion is not improved could the dirt
road on the Selby$@ property between Myrtle and Locust be closed.
Clark said if this were agreeable with the Selby's@ George Selby
agreed with this option, Clark said that Daugherty could be limited
to access only to the Serby's nursery limiting through traffic to
Myrtle* Erwin asked if this portion of Daugherty could be deeded
back to the Selby's. Clark said the City would abandon it by plat
or by document and the street would go to the joining property
owner. 7n this case, it would be the Selby'* because they own
property on both sides of the road.
Erwin asked Selby if that would be a problem for him. Selby agreed
with this alternative.
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CTSSC MINUTES
August 7, 1989
page 10
George Kline, one of the developers of Eagle Point ShopFing Center,
came forward to address the commission. He said they have agreed
with the City to put drainage In taking care of all the water in the
development just short of Lindsey street. They have agreed to put
in a left hand turn lane along with a signal light at Lindsey.
Several discussions have been h^ld on Locust and Myrtle streets. It
was their determination, along with Albertson, that Myrtle street
between Locust and Daugherty had no use. It is not needed for the
development. Mr. Selby has access from Locust and Daugherty which
seems adequate. That little portion of Myrtle should be
abandoned. He said they know the requirements are regardless of
which recommendations is arrived at.
Gohlka asked the citizens present if they agreed with Alternative E
with the closing of Daugherty between Myrtle and Locust and the
limiting of traffic on Myrtle. All agreed.
STAFF RECOMMENDED: Alternative A
COMMISSIONERS: Erwin made a motion to accept Alternative E with the closing
of Dougherty between Myrtle and Locust and the limiting of
traffic on Myrtle with a stipulation that Locust be upgraded
and Myrtle as funds are available. Gohlke asked Clark it staff
will come up with a way of enforcing this plan. Clark said
this would be done with signags and he would work with the
Shelby's on the closing of Daugherty. Marilyn Smith seconded
the motion. Motion passed unanimously.
ITEM 4 REQUEST FOR' TRAFFIC SIGNAL AT THE INTERSEC''TION OF FORT WORTH DRIVE
AND ACME STREET-
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Paul iwuchakwu presented the request. He' said area business
operators ate requeatinq signalixation of the intersection of Fort
Worth Drive and Acme Street. They say it is getting increasingly
difficult and dangerous to enter or cross Fort 'k?octh Drive from Acme
Street.
Staff has conducted a traffic signal warrant study at the
intersection. The result shows that a traffic signal is warranted.
Staff observation was that even at off-peak hours, the heavy
vehicular traffic on Fort Worth Drive makes it very difficult to
cross or enter Fort Worth Drive from Acme, Major businesses' in the
area includer Piggly Wiggly, Payless Cashwaysf Acme Erickr s Mobil
Oil dtatcibutorship, two gas stations and one trahsmissior shop.
These ace all high traffic generators.
Also, Acme Street is a gateway to a major residential neighborhood
with a big Elementary School and a municipal park,
One of the potential problems with signalization of Acme and Fort
Worth Drive is its proximity from the I-35E and Fort Worth Drive
signal. This implies additional expenditues because the two signals
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DRAFT
P3Z Minutes
August 9, 1989
Page 3
Ms. Brock asked the basis of the opposition in the reply
forms.
Ms. Evans stated that it was not specified. Possibly the
respondents did not understand what a plat is for.
In favor: none present.
Opposed: none present.
Chairman Brock closed the public hearing.
Mr. Engelbrecht moved to recommend approval of the replat of
the W. W. Wright Subdivision. Seconded by Mr. Holt and
unanimously carried (7-0).
VII, Consider a recommendation from the Traffic Safety Committee
concerning closing portions of locust a-Id Myrtle Streets and
the conditions which would trigger such closure.
STAFF_RgEM: Mr. Clark reported that the Traffic Safety
Committee C) considered the alternatives and recommended
a modification of Alternative E which would close Myrtle
Street between South Locust and Daughtery. A private cul-de-
sac may be necessary. South Locust would provide access to
Eagle Point. The developer would do perimeter paving on South
Locust. Mr. George Klein was present at the TSC meeting to
represent the developer. A portion of S. Locust is in bad
shape and the TSC also recommended that CIP money be devoted
to the street improvement as soon as possible. There will be
extra volume at the Locust/Eagle incersection and a traffic
signal may be needed. Mr. Clark stated that the staff is
still recommending Alternative A which is to close S. Locust
and abandon it at Eagle Point to Daughtery. The monetary
impact of leaving S. Locust open could be very high and t;.e
money should be spent on Fort Worth Drive. He added that
fly(;re were passed out to people in the area. They wanted to
keep traffic going by their business so neighborhood
protection may not be a big issue in this instance. If the
Commission foals that Fort Worth Drive is of more importance,
Collins could be upgraded as well. These issues will be
considered in the CIP. Fort Worth Drive is scheduled to be
the first upgrade in the area. Some potential problems could
be addressed by signtlization. Mr. Clark continued that the
people who actually came to the TSC meeting were opposed to
eliminating traffic in the neighborhood. They also talked
about designing a connection from Locust to Myrtle and
upgrading Myrtle above Daughtery.
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Paz Minutes
August 9, 1989
Page b
Mr. Glasscock asked if Locust would be scheduled as the next
project after Fort Worth Drive in the CIP.
Mr. Clark answered that it would depend on the Commission's
and Council's decisions. If the Commission chooses
Alternative E, money may need to be allocated to improve
safety problems. If Locust is left open, the developer will
be required to pave and gutter it along his frontage.
Temporary lights could be used at Collins until funds are
available for permanent ones.
Mr. Engelbrecht asked how much more traffic would be at
Collins and Eagle.
Mr. Clark replied that it will not be affected much if
Alternative A Is selected. Signalization will probably be
needed at Collins and Locust. Locust should be two-way
between Eagle and I-35. It will be used to access downtown.
The road will be used a lot and there will be problems having
signals so close togetter on Eagle. People will have to wait
longer at the lights.
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Ms. Morgan stated that she believes it would be dangerous to
signalize and upgrade Locust. It would be better for traffic
to use Fort Worth Drive. It is larger and will be even nicer
after an upgrade.
4 Alice Gore, vice-chairperson of the TSC, stated that in their
consideration, Locust will not to ued that much more in the
near future. People who live in the neighborhood will use
Albertsons and people that live u1suwhere will go to stores
closer to their homes. The TSC does not foresee a problem on
Locust Street by leaving it open and upgrading it as funds
become available. Comeone at the TSC meeting suggested that
Locust be a lead-in to the City's center. She said that she
disagrees with that because of the expense. Another lead-in
is not ns,adeo. If Locust is left open with some improvement,
an excessive amount of traffic is not foreseen. The biggest
housing additions near Albertsons are either south or west of
t it and the people will be using I-35. There are businesses
that need the use of Locust. A solution to the signal at the
corner of Locust and Eagle, is to do a blockade drive where
concrete is pored allowing a right hand turn off of Eagle to
get on to Locust and the turn would be such that no one going
north on Locust could get Into that cut and would have no
alternative but to make a right hand turn onto Eagle and be
cycled to the light. A sign could be put up at the corner of
Collins and Locust saying that all outlet traffic must turn
right. This will prevent having to spend a lot of money to
signalize that intersection that is already a problem.
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PSZ Minutes
August 9, 1989
Page 5
Ms. Gore said that people that need to get to someplace west
of the Eagle/Locust intersection would have to use Collins.
People cannot always have direct access to every single point
in town and it is not uncommon to have to take short detours
in most subdivisions.
Mr. Engelbrecht asked about blocking Locust Street at Collins.
Ms. Gore replied that if someone does not have business on
Locust they probably would not be on it and it would be unfair
to the existing businesses. Blocking the street would also
inhibit further development in the area. Locust will not
become a problem in the next 10-15 years. Options should be
left open. The street can always be closed at a later data.
Mr. Engelbrecht stated that Fort Worth Drive is a problem and
it will be worse when the shopping center opens. Locust will
get more traffic gust because it is there.
Ms. Gore agreed that it will be used more but it will not be
a major problem because most of the people using Albertsons
live south and west of it.
Ms. Brock said that street improvements will be done in
conjunction with the development.
Mr. Kiker asked if other businesses developing in the area
_ would be required to do street improvements ie Locust Street
is left open. She wondered if that might be of benefit to the
City from a financial standpoint with future improvements.
Mr. Clark answered that regardless of what the Commission
decides, a 25 foot back-to-back street is not much bigger than
a fire lane.
Melba Miller, 1000 S. Locust, stated that she runs a plumbing
company out of her which faces onto Locust. She said that she
does not think the new store will increase traffic
significantly. She agreed that most people will shop at the
store nearest to their homes. She asked the Commission not
to close fort Worth Drive.
Mr. Engelbrecht asked Me. Miller if she would be concerned if
the traffic on Locust Street was doubled.
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Ms. Miller said no, there are not that many kids in the area.
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PAZ Minutes
August 9, 19s9
Page 6
Nancy Martin, 1024 S. Locust, stated that her husband runs a
welding business out of his house on the corner of Collins and
Locust. They favors the TSC recommendation which would leave
Locust Street open. They are not concerned about more traffic
in the area because it will benefit their business and the
community as a whole. She said that they do not favor the
staff recommendation.
Mr. Engelbrecht asked Ms. Martin if she was willing to live
with the increased accident rate that will result from the
additional traffic.
Ms. Martin answered that accidents occur anywhere that people
do not drive carefully.
Mr. Engelbrecht clarified that he was referring to Locust
Street only.
Me. Martin said that she could live with it.
Richard Selby, 1600 Ridgecrest, stated that along with his
parents they run Selby Greenhouses which has a nursery on each
side of Daughtery and are bounded by Myrtle on the west and
Locust on the east. Their property is pie shaped and is
backed up by the City Electric Substation. They have
considered the question of having Daughtery closed in front
of them and getting a deed to it and have decided that it is
probably not a good idea. Not very many people use Oaughtery
in front of their business except their customers and they
would like for their cua Comers to have access to them from
both Locuat and Myrtle. It would also be an inconvenience to
th„ people that Ilya along Myrtle. Those people may not even
be aware of the proposed street closing. There Is a State
School halfway house gust north of the corner of Daughtery and
Myrtle which has a 40 or 60 foot school bus that transports
children every day. They have a very difficult time getting
in and out as it is and if the corner of Myrtle and Daughtery
were closed the bus would almost have to back all the way down
Myrtle. Mr. Selby said that he would like to see the small
portion of Myrtle on their west side which is a mess anyway
and have the rest of Myrtle and all of Locust open and have
Locust improved when possible. It would be better to wait
and see what happens rather than taking rash steps that might
not be in the City's boat interest later on.
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DRAFT
P&Z 4inutes
` Augu.'t 9, 1989
f Page T
Mr. molt stated that he does not like the idea of the City
making a decision to do something gust because not doing it
will cost money. It is the City's duty to provide services.
There was a need at Texas Instruments and t'u City responded
to it. There is a need at Albertsons. The City increases in
site and adds streets all the time. If Locust is closed it
woulo kill development in the area which is desired under the
Development Plan's compact growth policy. Eagle Point could
inspire other development in this area. Keeping Locust open
could he a blessing in disguise. He continued that he does
have a problem with a stop light at Eagle and Locust. He
agreed that most people shopping at Albartsons will be leaving
to the south. Locust can always be closed at a later date.
He moved to recommend the modified Alternative E as suggested
by the TSC.
Ms. Morgan asked if the alternative means that the City will
redo the streets.
f Mr. Glasscock said that they could try to get it in the CIP.
Ms. Brock asked Mr. Holt if he was recommending the private
access to the Selby Greenhouses.
Mr. Holt withdrew his motion. He said that he meant to move
that Locust be kept open, Myrtle be closed from Daughtery
south to Locust and the north end of Myrtle from Oaughtery to
Fort Worth Orivn btu kept open. Daughtery from Locust to Fort
Worth Drive should also be kept open. Seconded by Mr.
_ Glasscock.
Mr. Engolbrecht clarified that the motion does not include the
Locust/Eagle made by Gore about the right turn only at the
Lo
Me. Morgan said that she is concerned about the amount of
traffic on the street between the nurseries.
Ms. Brock said that another, causeway could be opened up later
on if necessary and that portion of Daughtery could become a
private drive.
Mr. Engelbrecht asked if closing Myrtle implies selling the
right-of-way.
t Mr. Robbins said that it would oe up to the City to do that
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DINAFT
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Pd7. Minutes
August 9, 1989
Page 8
Mr. Engelbrecht said that it would not be an appropriate
action until traffic patterns in the area become more clear.
Then the City would still have the open of reopening the road.
Ms. Evans said that the right-of-way may be prescriptive.
4
Mr. Kamman asked if there has been a traffic count on Myrtle,
Mr. Clark said no.
Ms. Brock stated that when talking about compact growth and
revitalization, access is important.
t+otion carried unanimously (7-0).
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DAL
Wry of OlNTON,TJFXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONER17) 686.6307
Office of the City Mensper
m E M 0 8 A N D U M
TO: Mayor and Members of the city council
FROM: Lloyd V. Harrell, City Manager
DATE: September 15, 1989
SUBJECT: Contracts for Hotel/Hotel Tax Recipients
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Copies of hotel/motel tax recipient contracts tollo4►.
Lloyd Hart ell
City manager
LH:bw
47099
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DENTON COUNTY
HISTORICAL NIUSEUNI, INC,
August 22, 1989 24
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Lloyd Harrell v 6IrT'"'-J~
1GEASUOfF~t
City Manager
City of Denton
Denton, Texas 76201
Dear Mr. Harrell,
On advice, concerning the
provisions tax law of the Stateof s Teof the xas# the Courthouse-on-the
Square Museum, Inc. (aka Oenton County Historical Museum, Inc.)
a 501 (C)3, not for profit corporation, requests that a direct
contract between the Museum and the City of Denton be established.
The ,Museum, which now receives funds via the Cultural Confederation
who subgrants to the Denton County Historical Foundation, Inc.
which in turn allocates funds to the Museum, wishes to become
accountable to the City of Denton, directly without the inherent
complications of the current arrangement.
The Museum qualifies for hotel/motel tax funding under the pro-
visions for the operation of museums and is making a concerted
effort to become a major tourist attraation. The-Soard,of Trustees
of the Museum, desiring to comply with al' provisions of the
law, has sought the advice of'John McGran =ity of Denton Executive
Director of Finance and Mayor Ray Stepher each of whom has in-
dicated that a direct contract would be 4,vantageous to both
the museum and the City of Denton.
I Please advise me of yourreaction to this request and give me
the opportunity to discuss, it with you. I will make available
to yci additional information you might request.
Ypur/s trul
Clota G. t'aughan
Chairman, Board of Trustees
Lenton County Historical Museum, Inc.
tel. 817-565-9178
CGV;lg
cc
cc Mayor Ray Stephens
cc John McGrane
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AN ORDINANCE AMENDING SECTION 13-1 (a) OF THE CODE OP ORDINANCES
OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A SEVEN (11) PERCENT
TAX OF THE CONSIDERATION PAID IY OCCUPANTS OF A HOTEL ROOM IN
THE CITY Of DENTON, TEXAS; PROVIDING FOR AN EFFECTIVE DATE OF
JUNE 1, 1916,
THE COUNCIL OF THE CITY OF DENTON HERIEY ORDAINS:
SECTION 1.
Section 13-1 (a) 'of the Code of Ordinances of the City of
Denton is hereby amended so that the same shall hereafter read
so fellows:
(a) There is hereby levied ■ tax upoa the coat of
occupancy of any room cr space furnished by any
hot; R where such cost of occupancy is at the rate
of wo Dollars (51.00) a: ante per day, such tax to
be equal to seven (71) percent of the consideration
paid by the occupant of such room to ouch total.
SECTION it,
This nrdinsace shall become effective from oW after the 1st
day of Jume, t916.
PASSED AND APPROVED this the A0. dsy of. 1. , 1916.
I OF D ON, TEXAS
ATTUT:
,
~J1 C of D TON, TECITY SEUITUT
XAS
i
APPROVED AS TO LEGAL PORX:.
DEERA ADANI DRAYOVITCH, CITY ATTORNEY '
CITY OF DENTOif, TLYAS
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/Y11Qcr.PVrf7'r1,
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M ITATS Of TIXAS 1
CDiarr or DsnM l
This alrttmwt awe sad entered into this JC day of
=Icipal -0 19 f¢, by sad btwoem the
-4
City of Dtnt!oa, Terns, Cosporatiaav hereinafter called Reity•, and
the Denton Chamber of Cass"Ce, a aoa•protit corporation obax.
toned under the Lafns of the Orate of Terns. hereinafter called
oCh+w•bero,
KITKfslMr
Mharsu. City has recently }ws*d an ardinanoe Prorridinq
for the aasass"at and "lieotion of a hotel ema4emor tam in
the City of Denton of three percent (it) of theaideratiom
paid by the ooeupaat of a roam. OPaae or facility to any botel,
and
Mlarese, the Chamber is well equipped to adwstLao and am,
acct aoliaitatioe prograr to a"Lot potential veers with pabue.
met," and Convention facilities and to promote toesrism aed
aNestlee the City of ceotse, sad
Wha'" s, it is to the sutual bemefit of the City amd Chamber •
that tb*_ City Provide funds to the ChrK fee then
perposw and that the show stated
Chasber we s eah !ands for sub PUPoees t
MOM, T>1lKt/r ~ IS eocsidwatiem of the pram"es amd of the
aft" oownaatm here" am "ined, City and Chamber hereby agree
M follore,
to Ch+mbee shell employ its best efforts fen
9+emral pro- 1
mum" and toes"! ed.erc"ing of the city of *Mtn sal or
denas" seltoitattee and opipttaq programs to Gates" eenRy.
tioae aM T"Itesr, iaslW " tae wive
iiahnrst awl operation by
0406010' of 'a aenwae Oft and VIM" hes+e6e4
as a considsrstieu'ibe t4
9e+~i+ih 1 hereof r City a*reee to .dM'1'ieee aeR forty is pare.
Per to Gbambte as ene8 t egeal to
the moment aoteally coldest" by the City fron the hotel opsqp@,py
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tax in any fiscal year during the term of this agreessot less one
percant (11) for adrinistrative expenses, but the City shall not
be liable to Fay any additional funds. If the oae percent (11)
does not adequately reiaburse the City !or its expenses, then
City nay dedact the actual mount of such expenses.
3. The City shall, on or before the 15th day following the
end of each quarter pay an amount equal to the somas collected
fat that quartet loss one perasnt (11) to the Cumber. The quar-
ters will ead on the 31st day of Marab, the 30th day of Jibe, the
70th day of eepeesber and the 31st day of 0004041 of each 7449.
J
4, tM Chasd+er agrer that it will wooed e>poodilus+e in-
valved in this progress on a noothly basis in separate acoousts. 111
The boo" of accomat will be saintained in a fors approved by the 1
Dirsotot of tlaance of the City of Dent A and rill be available j
for inspection and amiss) by tlae Director, his doll aathotised
agents and representatives, duct" rsqular balneea boats of the
Chamber.
5. thirty dale after the acre of every quart" the 0140*2
will furnish to city a pesforumcm report of Its work under this
cam+-set in a fora datetsined by the City X&a&w Said which shall
v.,fleat overall activity, smatinvsr conventions and ant" W"
oocdveted, identity W merits of adnstiei09 oonde ted, 0000M
of literstate prod+soad as well as a desaripticm of direct msiU%V
in the last querterr amd the srNaditutes 411tisq the quarter of
the fWWW received parsent to this coutraot.
it is wAWretood and agreed that Chamber shall not is any
soma be assswidssed a pestner Of lout vestater with City# nos
soil am"" be sessib"d acs IS nay s amser held itself Get a•
mm avast at offlaial represestati." of City. Charles EMU be
} assulidseed acs ih&Mpos set oatsaetor fat the pesposes of this
epmemart axe Mall in as "owe inner any excesses os lisbiilty
i a, bewal= of city.
lit
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7. Chambsr does further agree to told City harmless fz»m
any and ala claim by third parties for any injuries, dam" or
liability ocoasloned by Chamber in connection with this agreement.
s. it is understood and agreed that this contract shall be
terminated upon occurrence of any of the following, eventsi
(a) The giving, of written notice by either party to the
other party at least ninety days (90) days prior to the date of
terminations
(b) The termination of the corporate existence of Chambers •
_ (o) The insolvency of Chamber, the filing amt a petition in
bankruptcy, either by or against Chamber, or an assignment by
Chamber for the benefit of creditorsr
(d: The breach by Chamber of any of the terms and conditions
of this agreement and the matinuation of such breach for a period
of tam days (10) after written actic% is given by City to Chamber
of such breaohs
In the avant of the tads aaticn of ti's agreement as pro-
riled to paragraph t hereof. Chamber shall submit to City a state-
asst a.,owing any sxpenses iarurrsd by it for the 'hrseeat quartos
in whiak said Urninatiam takes place and city auras to reimburse
Chamber, to the extent that said Mates are oolu zted from the
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hotel oecupaacy ta: daring, that quartet, sn smarm equal to the
lesser of the expeasea incurred by the pashas during that qusstar
or We amount of tact eoileoted for that quartets City also raal-
isea that chamber may have camsitted themeelvem bo pay axpensee
for ooaventiens that will occur after the termination of this
Nressa mt. and city egrsM to reimburse the Chamber for such ex-
losaee w to the otsmmlative sma of 010000.006
10, Chamber shall not aatgs this contrsot witbout this
writsotm eesseet of City first obtained 4 writisto
11, any W.Loe required to be gives +stdar the terms and
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provisions of this agreemnt shall be effective if and vhun given
in writing and deporited in the United States Mail, eartil.'isd or
regla erred sail, return rseslpt requested, on the data so deposited
and addressed to the respective parties as follower
City Manages
City of Denton
213 cast Mecianey
Denton, Texas 14201
Executive Vice-Fr"ideat
Denton Ch"ber of Cassserce
414 Meet Farkwa
Denton, Seas L201
12. This agreesrent shall be binding upon the successors and
"signs of the respective parties.
12. All the terns, conditions and stipulations of this cos-
tract are subject to all applicable federal law , state laws, the
Charter at the City of Denton, all ordinances, passed pursuant
thereto and all judicial aeternizatioas relative !berets,
f7DICD'AO as this the ~ day of 1lTi.
CM OI DIR M, TAM
06 7 mi 79 mum
AtTt!!s
A 'a' **Oe
CITY 01 Dmanr
AS TO W" 1001
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THE STATE OF (ERAS 4
COUNTY OP DENTON I KNOW ALL MEN BY THESE PRESENTS:
This agreement 4840 and entered Into this the O th day of
March, 1914, by and between the city of Denton, Texas, a Munielpal
Corporation, hereinafter called ,City,, and the Denton Cultural
Confederetlort, a non-profit c" Poratlod chartered under the Laws
of the $tate of foxes, hereinafter called ,Canfoderation,I
WiTNISSITHt
WHEREAS, the City has recently posed an ordinance providing
for the Increase of the aesessmeat and collection o[ a hotel/motel
occupancy tax t► the City of oentoa (roe four percent (41) of the
consideration paid by the occupant of a room, spite or facility in
any hotel/motel to six percent (61)i and
WHEREAS. Article 1289)•1.1 permits the use of a
Portlam of the
six percent (04) occupancy tax for the encouragement, promation,
improvement, and the application Of the errs, and historical
PreesrratloR mad restorationj and
WHIRIAS, the ConfederatioR Is well equipped to Igraro and
present the arts and to conduct and coordinate historical pressr•
ration aid restoration to the City of Deetonl and
1WHIREAS, It Is to the mutual boeoilt o' the City and Confide- i
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ration that the city provide funds from the additional, two
percentage points Increase in the hotel/motel occupancy tax to ti
CoNfederstlon for thee above stated purposes add that the
CoafederaticA use such (Ynds for such purpose l
Nov, THIRIFORI, to coaslderatlem of the premises aid at the
mutual eo►eegats herein coetefood, City cad Confederation hereby
agree as follewst
f. Coofaderatloa 1hall employ Its best efforts for the
edeeuragemeat, promotion, lmprorseemt, god applicatlom of the arts
and historical prsesrvstloo and restoration Is the City of Conceit
Including the establishment and opetatloa by Confederation of es
office for such purposes.
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It- ConlederatIom shall use a third (10) of the funds
provided by the City for the restoration of historic facillties,
speciflca!Iy "The Old City Warohouse and the Old City Steam plant'!
lotatod at the IAtlrsettton of Hickory and sell. Upon the
completion of those renovation projects as reflocted by the
acceptance of the facility for occupancy by the Confederation and
final payment to the contractor(s) Involved In the renovation
projects, the City will retain one percentage point of the sit
percent (61) occupancy tax for purposes to be established by the
City Council. At that time the Confederation will retetve two
percentage points of the hotel/motel occupancy tax less one
percent (11) of gross receipts to be retained by the City for
administrative expoases I but the City shell not be liable to pay
any additional funds, it one percent (it) does not adequately
relnburso the City for Its expenses, then the City may deduct the
actual amount of such expenses. This paragraph, arcs It becomes
effective, shall replace any other allocation of funds as fisted
In the following paragraphs of this alr41ement.
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Ill. Until the new two percent (11) tax rats allocation listed
to ►aragrsph ti becomes sffsct(vo, the City shall pay to
Confederation to amount equal to the three pore nt (31)
hotel/motel occupancy tam or fifty percent (SUI) of the amount
actually collected by the City frol the hotel/motel occupancy tax
In say (local year during the tors of this allotment less one
psrcat (11) for admialstratlom mspeooa, bat the city shall not ,
be liable to pay any additional funds. It the ammo percent (It)
dose met adequately 1`411111011• the City for Its 41xp4111a a , than the
City coy deduct the actual amount of such expaool,
AV, The City shall, oe or before the 11th day following the
And of sash quarter ply an 84109et equal to fifty parcsmt (501) of
the ■omlos collected for the quarter, lose see percent (11), to
the Confederation. The quarters will o ad on the 31st day of
March, the 10th day of Juno, the 30th day of September and the
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311t day of December of each year. The first payment under this
contract wilt be due forty-five (43) days after the quarter ending
December 31, 1913.
V. The Confederation agrees that It will record erpendituras
Involved In this program on a monthly basis in separate accounts.
The books of account will be maintained in a fora approved by the
Director of Finance of the City of Denton and will be available
for Inspection and copying by the Director, his duly authorized
agents and representatives.
Vt. Thirty days after the and of every quarter the Confedera-
tion will furnish to City a performance report of its work under
this contract in a form determined by the City Manager and which
shall'reflect overall activity, and a d u crlptlca of same In the
lest quarter, and the orpeadttures during the quarter of the funds
received pursuant to this contract.
vii. it is understood and agreed that Confederation shall not
In any sense be considered a partner or joint venturer with City,
tier sball Confederation be considered nor In any maanor hold
itself out if eai agent or official representative of City.
Confederation shall be considered so Independent contractor for
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the purposes of this agreement aid shall In no manner incur any
li
erponsos or liability on behalf of Clty.
Vill. confederation does further agree to hold City hornless
from say mad all claims b third
by paroles for may Injuries, da.e p
or liability occaslomed by Confederation In connection with this
agreement,
11, It is understood and agreed that this Coatract sball be
terminated upon occurenco at any of the foltowing evenen
(a) The giving'of written notice by either party to
the other party at feast ninety (90) days prlot to
the date of toraiaatical
(b) The termination of the Corporate eaistute of
Cenfederstioal
(e) The Insolvency at eonfederatioa, the filing of m
petition in bankruptcy, either by or &latest
PACO $
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....Tyr.. q,•.. ...-.1 ........~!+r.-. v-..~.. _
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Ill\
Confederation, or an a sllnment by Confederation
for the benefit of creditors;
(dl rho breach by Confederation of any of the terms
and conditions of this agreement and the
continuation of such breach for a period at tan
(l0? days after written notice is liven by City co
Confederation of such breach,
X. In the event of the termination of this agreement is pro-
vidsd in paragraph IX hereof, Confederation shall submit to City a
statement showing any expenses Incurred by It for the present I
quarter In which said terminatioa takes place and City agrees to
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relmburse Confederation, during that quarter, an amount equal to
the lesser of the expenses Incurred by the Confederation during
that quarter or the amount they would normally bo eligible to
receive under the terms of this agreement for that quarter. City
aIso'ro&IIs of that Confederation may have come ltted themseIris to
pay expenses for the promotion and encouragement of the costs that
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will occur after the termination of this alreesont, and City
agrees to reimburse the Contederatioo for such expenses up to the
cumulative sus of $250,00 from the hrtel/motel occupancy tax,
Xf, Confederation Shalt not assign this contract without the
writrom consent of City first obtained is writing,
XII, Any notlem required to be liven under the terms and
provisions of this agreemeat shall be effective it and when liven
in writing end deposited is the Umited States Mail, certified or
registered sail. return receipt reluestad, on the date to
deposited end addressed to the respective parties as tollowsl
City Kessler
City of 0entom
I1S last MCXlnaey
foatom, Texas 16101
president
1 Deaton Cultural tontedoratiom
Destom, Texas 16201
X111. This agreement shall be binding upon the; successors and
sssilns of the respective parties.
J Xlv, All the. terms, conditions and stipulations of this coo-
tract are subject to all applicable federal laws, state laws, the
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PAGN 4
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e(]tQa
w a.a
COT?
Charter aI the City of Denton, all ordinances passed pursuant
thereto and alrl Judicial deterelaatlone relative thereto.
EXECUTED an this the 13th day of March, 1914,
CITY OF DENTON, TEXAS
lye
RICHARD i
ATTESTr
,
CITY OF DENTON, TEXAS
AFFROYID AS TO LEGAL FORMt
J C. J. TAYLOR, J11„ CITY ATTOANIY
CITY. F DINTON, TEXAS
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DENTON CULTURAL CONFEDERATION
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TIar1~I~ G„II„ies
AGREEMENT 4i 4a'1"~
'a.~, err ~`scs •sr.~G
TH! STA.7! OF TEXAS
1Q W ALL ME SY THESIS PRES_YTS:
COUNTY Of DENTON ~
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This ASrreement made and entered rots %his the / rday of
n'`:f-Z , 19110 by and between the C.ty of Denton, Texas,
a Municipal Corporation, hereinafter called and the Dentor.
Cultural Confederation, a non-profit corporation chartered under
the Laws of the State of Texas, hereinafter called "Con!odoration",
WITNESSETHO
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i WHEREAS, the City his recently pawed as ordinance providing
for the increase of the sss a ;aa%% and collection of a hotel occu-
pancy tax in the City of Denton from three percent (31) of the con-
sideratioa paid by the occupant of a roost, space or facility in
♦ny hotel to•Lour percent (41)1 and
WHEREAS, Article 1269J•4.1 permits the %ise of a portion of the
tour percent (01) occupancy tax for the encouragement, promotion,
improvement, and the application of the arts, and historical preser-
vatioa and restoratioai and
WHEREAS, the Confederation it well equipped to improve and pre-
sent the arts and to conduct and coordinate historical preservation
and restoration in the City of Dentonl and
WHEREAS, it is to the mutual benefit of the City and Confed-
oration that the City provide funds from the additional one percent
(11) increase in the hotel occupancy tax to the Confederation for
the above stated purposes and that the Confederation use such funds
fat such purposesi
NOM, THER2tOAl, in consideration of the promises and of the
mutual cevmants herein contained, City W Confederation hereby
agree as !allows
1. Confederation shall employ its beet efforts for the en•
couragement, promotion, improvement, and application of the arts
and historical preservation and restoration in the City of Denton
including the establishs,ent and operation by Contedorstion of in
office for such purposes,
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As a consideration for the 90TV1:41 sot for-r.
1 hereof, City agrees to pay to Confedera::on an amour: equal
one percent (11) hotel occupancy tax o: :wer:y•five percent (:S1,
the amount actually collected by the Cl.--.- !ram the hote: occupancy
tax in any fiscal yest during the term c! :h:s agresmer.: leas o-ne
percent (11) for administration expenses. ':u: ohs City shall net be
liable to pay any additional funds, If :he one percent (11) dote
not adequately reimburse the City for its expenses, then the City n&y
deduct the actual amount of such expenses.
3, The City shall, on or before the 15th day following the and
of each quarter pay an amount equal to twenty-five percent (1St) the
monies collected for the quarter less one percent (11) to the Con-
federation. The quarters will and on the 31st day of March, the 30th
day of June, the 30th day of September and the 31st day of December
of each year., The first payment under this contract will be due 15
days after the quarter ending June 30, 1911,'
1, The Confederation agrees that it will record expenditures
involved in this program am a monthly basis in separate accounts,
The books of acenunt will to maintained in a farm approved by the
Director of Finance of the City of Denton and will be available for
inspection and copying by the Director, his duly autharited agents
and representatives.
S, Thirty days after the and of every quarter the Confederation
will furnish to City a performance report of its work uadar this can-
tract in a fors determined by the City Manager and which shall reflect
overall activity, and a description of same in the last quarter, and
the expenditures during the quarter of the funds received pursuant to
this contract,
it is understood and agreed that Confederation shall not in
any tease be considered a partner or joint venturer with City, nor
shall Confederation be considered nor in any manner hold itself out
I 1s 10 agent or official representative of City. Con!ederatior. shall
beconsidered in independent contractor far the purposes of this
agreement and shall in no manner incur any expenses or liability on
behalf of City.
Af,REEMUT PACE TWO
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:onfede:atzen does fu:thor egret hold City ha:m' u s :;or
►ay and all claims by third parties for tn: in±urios, damage oT :.'a-
bility occasioned by Confederation is 40nntction with this agreement.
1, It is undarstgod ■nd agreed that t,-.:t contract shall be
terminated upon occurrence of any of the fc::owing events:
(a) The giving of written notice by a:-.her party to the other
party at least ninety (90) days prior to the data of termination;
(b) The termination of the corporate existence of Confederation; l
--~I (c) The insolvency of Confedcra-ions the filing of a petition
in bankruptcy, either by or against Confederation, or an assignment
by Confederation for the benefit of creditors;
F 1
(d) The breach by Confederation of any of the terms and condi- a
tioas of this agreement and the continuation of such breach for a
period of ten (30) days after written notice is
k given by City to Con-
federation of 'such breach;
9. to the event of the termination of this agreement as provided
in daragraph 1 hereof, Confederation shall submit to city a statement
s',owing any expenses incurred by it for the preseat quarter in which
said termination takes place and City agrees to reimburse Confederation,
to the extent that twenty-five percent (331) of said monies are col-
lotted from the hotel occupancy tax during that quarters as amount
equal to the lesser of the expenses incurred bt the Confederation dur- i,
lag that quarter or tventy•five percent (211) of the amount of tax cal-
lected for that quarters City also realises that Confederation may ,
have consitted themselves to pay expenses for the promotion and encour-
agiaent that will occur after the termination of this agreement, and
City agrees to reimburse the Confederation for such expenses up to the
cusulative sum of 1230,00 from the hotel occupancy tax,
10, Confederation shall not assign this contract without the
written consent of City first obtained in writings
It. Any notice required to be givea under the torso and provi-
sions of this Agreement shall be effective if and when given in
ACRILMENT PACE rNME
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"riling Ind depesitsd in the United Stater !:a::, certified or
rte` registered rai:, return receipt requests:. :r. the data s: dr :site:
and addressed to the.respective parties as :c:lo"s:
City Manager
City of Dent:.-.
21S last MClan^e'.
Denton, Texas 'ml
President
Denton Cultural Confederation
Denton, Texas 16201
12, This agreement sha:l be binding upon the successors and
assigns of the respective pasties.
13. All the terns, conditions and stipulations of this contract
are subject to all applicable federal laws, state laws, the Charter
of the City of Denton, all ordinane a passed pursuant thereto and all
judicial determinations relative thereto.
EXECUTED on this the 1( day of /J~i9ft~rit , loll.
CITY OF DENTON, TEXAS
byI
CITY OF DENT014 TEXAS
{ ATTES
CITY OF DENTON$ TEXAS
APPROVED AS TO LEGAL FORMS
PAUL
CITY OF DINTON, TEXAS •-7r
DENTON CULTURAL CONFEDERATION
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AGREEMENT PACE FOUR
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TAI STATI Of TLxAS S
' COUNTY OY DENTON S KNOW ALL NIN BY TSIS2 pRISINTSr
WRIAIAS, the City of Denton Is the owner of the premlaes
described belowr and
"1N""S, the Gtleter Denton Arts Council, Inc. (GDAC) is a
Texas Non-profit Corporat;on dedicated to the promotion and
' provistr.n of artiotie
performances of all kinds for the benefit
of the citilens of Dentonr and
'dHIRMP the Grletst Denton Ares Council, Inc. digital to
14484 said property on a long tern lease arrangement whereby
they will be rblj to remodel the buildings on sold premises for
use by Cox for ueta consistent with r community theater and
other GDAC activities for and on behalf of the citizens of the
City Of bantam, Sexasr NOI T82AILOAI,
rtr
This Agreement by and between the City of Denton, Texas, a
Municipal Nome AL114 City under the Constitution and Laws of tSo
State of Texas, hereinafter called Lessor, and the Greater
Denton Arts Council, Inc., hereinafter called Leeele, wITNISS M
In consideration of Its nutu4l covenants contained herein,
eAl parttea agree as fellows,
L kew PAZNISIS
Losses hereby losses to Lose** the following described
property owned by Leiser In Denton County, Teats, to-wits
" - 1. The watehouse and machine shop
d a Hickory Street At its intorsoeelony rlo on
ithteBell
Av4nuo, and
~s 2. The electric diesel
Rickety Street at its i tersection with Sill Avenuit
e Sold property being rote specifically domeribed In Cxhi6i4
'A' attached hereto and made a part hereof for all purposes,
SCCThI_ TCE.M
The term of this lease shall be for a peeled of tvanty-five
(251 Years, com encfn9 ^n the data of e44eution hereof, if
:et+or determines :hst :title lee sa:rsrre:o r.lv perforaed :he
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conditions and covenants imposed upon Lessee under the lease
/ during the initial term, the Lessee shell have the right and
option to extend the term of this Items for an additional
twenty-fLve (25) years beyond the initial term by informing the
Lessor in writing of the exerciminq of said option no Later
than three months prior to the expiration of the initial term.
SECTION Iity CONSIDERATION
It being :Aa opinion of the City Council for the City of
Denton that the terms of this least and the results
contemplated therefrom, including the remodeling to be
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undertaken by Lessee, and resulting enhancement of the value of
the premises will cause to be accrued multiple benefits to the
citizens of the City of Denton which are consistent with the
type benefits histor£caliy provided for citizens by municipal
governments, this lease is hereby granted to GDAC in
consideration thereof and for the further and additional
consideration of One Dollar (11.00) per year. per property,
with such payments being due on an annual basis with compact to
e+eh, beginning on the date of execution of this least and each
anniversary data thereafter.
SECTION IV. Dot of TU !Horan
She Gage shall use the peoprcty to promote and provide
the citizens of Denton with artistic performances and
• presentations Of any and all kinds including, but not limited
to mask, theater, act, Aance and film. Such performances
shall be open to the public without discrimination for such
charges as determined by the t,esete. In addition, use of the
premises shall be for the purpose of providing a performance
home for the Denton Coausunity Theater, the Denton Community
Chorus, the Denton Community land, the Dance Shester of the
Southwest and the North Texas Ares Art teaquo land 041C
succassor organizations), and such other arts groups as Lan bt
s itduled, ao lonO as the above acganitat£ons, Mooed Or
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unnamed, are member organizations of the Losses. Lessee hereby
agrees not to use such leased premises for any other purposes
without the written consent of Lessor.
SECTION V. POSSESSION OT TEX PROPERTY
Lessee shall be given possession c. the electrical diesel
plant on Hickory Street commencing on or before one (1) year
from data of execution of this lease, or as soon thereafter as
the City of Denton Is able to vacate the premises. Lessee
shall be given possession of the warehouse and machine shop on
Sickory Street 'eon or before two 71 years from date of
execution of this loose, or an soon thereafter as the City of
Denton is able to vacate the premises. Lessor agrees to use
due diligence In disposing of all equipment now located within
suet tlulldings in order to deliver possession to us** as soon
a
as possible.
Syl,&TION Vi. COVZNANTS Or LESSEE
1. Asnovation. The Lessee hereby covenants and agrees
j with Water to raise funds to renovate the premises and let
contracts for the construction of alterations and improvements
to the ptegis s consistent with the goals of promotion of
artiatle performances of all types. It Lessee fails to raise
1n4 _2211eet all funds necessary for renovation of the ptamises
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within three ()1 vean of the date ssee elves possession
_ef the. warehouse and _machine shop this ~ gu_shall tarminase.
All remodeling, alterations or construction, and contracts for
sue, shall be undertaken only wi$h the prior approval of the
City Council of the City of Denton.
t. Insurance. The Lessee agrees to and shall doting.&Ad
after renovation of the premises secure and maintain In effect
during the term of this loose and any extensions thereof a
policy or policies of Insurance written by a company or
companies qualified to write insurance is the State of Texas,
providing for the !ollovinq eovetaget
Rase
PACE I SC~ 1 + ,~e 1
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a, Loss because of fire, flood, wind or other natural
elements in an amount equal to the value of the
premises, includinq the value of the buildings and
contents and equipment therein. Proceeds from any
such policy or policies stall be payable to Lessor.
b. Personal 'injury and property liability insurance in
the minimum amount of $100,000 for loss from an
accident resulting in bodily injury to of death of
one person and $100,000 for injury to or death of
any number )f persona in one occurrencar and
property damage liability insurance in the amount
of $10,000. Such policy or policies of insurance
shall mane the City as an insured party. The
parties recognise and acknowledge that the amounts
of coverage provided for herein are, as of the -Iste
of this lease, the maximum limits of liability
imposed upon municipal governments under actions
brought against said governmental units under the
Texas 'crt claims Act. (Article 6252-15
V.A.T.S.I. Should the limits under said Net be
increased during the term of this lease )r any
extensions thereof by logitlativa, action, the
161141• agrees to incre6se the amounts of coverage
provided for herein to an amount equal to the
maximum amount of possible liability Imposed under
the Act.
The Uses* agrees to provide the Lessor witb.certiflcates
of insurance or copies of policies of insurance required to be
secured by Leases heroin.
5. Janitorial Services. Latest shall provide janitorial
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services to maintain the. promises in a reasonably clean
condition. Lessee and Lessor shall each be responsible for and
agree to pay for fifty percent (501) of the cost of said
Janitorial services up to an want of 13,000 per annum.
Ssvonty-five percent (151) of any janitorial costs incurred
a"". 030000 per annual shall be paid by Lessee and +the
wining twenty-fin percent 11511 shall be paid bx Lester.
1. ease shall maintain the promises in a safer Clain and
+tional condition and shall pay for all colts and exnenset
incurred for such maintenance, other than Janitorial services,
which, In the aggregate in any one year Of the 14116 tetra,
amount to loss than One Thou(and ($1,000.001 Dollars.
1 SECTION VI1. DLSTRUCTION Of PREMISES
If the building or other improvements on t*e tested
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premises should be damaged or destroyed by fire, tornado, or
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other casualty, the Lesser shall hive the option to repair or
rebuild the same to substantially the condition in which they
existed prior to such damage, Provided the repairs of recon-
struction can be made wholly from the proceeds of insurance
coverage provided for by Lessee. Should there not be
sufficient monies available from such insurance proceeds to
repair or reconstruct the premises to substantially the
condition in which they existed prior to such damage, the
Lessor may cancel this lease.
SSSIOIf VIII.'. COVENANTS OF LESSOR
1. lecause of the benefits accruing to the citisens of the
City of Denton, Texas from the development and use of the
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property as- a community theatre and other uses of the Greater
Denton. Arts Council, tWV4'5W`'1W*"1 -R11
utility costs, including electriesl, water, sewer and garbage
pickup aarvlu during the initial term of this lace. Lessee
agrees that it is its intention to seek ways to contribute to
the costs of such utilities. if this lease is extended beyond
k the initial twonty-five (15) year term the provisions of this
Section VM requiring Lessor to pay all utility costs,
including sitatrical, water, lower and garbage pickup service-,
shall not apply to such extended tors of this lease and the
j
patties hereto agree to renegotiate the allotment of coats of
providing for said utility services to said premises. It is
spoeifieally provided that telephone service shall be paid for
by t,41184•,
SECTION 1X. FINANCIAL STATEMINT, AUDIT
Losses shall furnish G ssor within thirty 5101 days after
the expiration of each lease year during the term of this lease
a financial statement showing the total amount of monies
received and expenditures made by Lessee during that vu r.
Lessor shall have the right at all reasonable times to Pxaai^.e
and audit, at Lessor's expense, the t=oks and electds of Lessee.
TALE S
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SECTS X,- ACCESS TO PREMISES
.v. Losses shall permit Lessor or its agents to enter the
demised premises at all reasonable hours to inspect and
maintain the premises or make repairs.
SECTION X1. QUIET ENJOYMENT
Lessor warrants that Lessee shall be granted peaceable and
quiet enjoyment of the devised promisee free from any eviction
or any interference by Lessor so long as the property is used
for the purposes for which they are demised under the terms and
provision of this Islas.
SStCTrON XI:: INI gwirY
Lessee agrees to 'indemnify and hold Lessor harmless against
any and all claim, demands, damages, costs, judgments and
expense e, including reasonable attorneys' fees for the defense
thereof arising from the conduct or management of Lessee's
mettvitles in the leased premises or from any breach or from
any act or negligence of Gases, its agents, contractors, +
employees, concesalonalree or licensees in or about the leased
' premises.
SECTION XIII. ENRACY CONIIRYIITION
rho Leases pledges to do everything within its power to
enforce the best possible energy conservation rules during its
use of the premises. It further pledges to use a significant
portion of its renovation money to uke the buildings as energy
efficiant as is reasonably possible.
IKTION Irj ASSIONMM AND MLLASI
Losses shall not assign this Jesse and shall not sublease
the premises or any part thereof without the express wrttten
corssnt of the Les
;'~?tON 1iV. TEEMI"mATION
it Leases defaults in the performance of any term,
covenant, or condition required to be performed by it under
this agreement, Lessor may terminate this agreement on giving
PACT 6
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at least fifteen (15) days notice to Losses of such Intention,
thereby terminating this agreement on the date designated in
such notice unless Lasses shall have cured such default prior
to expiration of the fifteen (15) day period.
SECTION XVI. LEGAL CONSTRUCTION
In came any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal
or unenforceable in any respect, such validity, illegality or
unenforceability shall not affect any other provision thereof,
and this agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained
herein.
EXECUTED this the day of S . 1911.
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LESSO9~
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CITY OF DLN4 011, TEXAS
APPSOVEO AS TO LEGAL POYMs
C. J. TAYLOR, JN.r CITY ATMINTY
q CITY Of OYRPON, TUAS
1YS
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1 I 1Yr G.~
GIWfEA DENTON ARTS CO IL, INC.
ATTEST,
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1. The electric diesel plant property, shown as Tract 1 on
the attached map hereto and being the same land purchased by
the City of Denton and recorded at Page 591, Volume 311 of the
County Dead Records of Denton County, Texas and described
therein as follower
All that certain lot, tract or parcel of land situated
in the City and County of Denton, State of Texas,
being pert ''.of 3lock No. Twenty-one fill of the
Original Town of Denton, and being sore particularly
described as followas
BEGINNING at a point in the north boundary line of
said !lock No. 21, 363.1 feet east of the northwest
corner thoreoti.
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TBUCR east with the north boundary line of said Block
ft. -Twenty-one (21) , 217.9 feet to the northeast
corner thertotr
THUCR south with the east boundary lint of said block
300 toot for its southeast Cotner)
Tg=X west with the south boundary lino of said !lock
217.9 feet a stake in the south boundary line of said
block foe corner?
TNrXZ north parallel with the wait boundary line of
sold block, 300 toot to the place of beginning.
2. The wecehoup and.sachine shop property, shown as Tract
2 and 3 on the atttohed up hersto, and being the one land
described in a General Warranty Dead recorded in VOW so 27A,
page 111, of the County Detd Rteorde of Denton County, Texas
and described therein as folkrisr
going tats mo. Six (6), Senn (7) and tight 161 in
Block Me. Three (3) of the Railroad Addition to the
City of Denton, Denton County, Texas.
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HELD REV" r•OS v'Vt 792 ract 332
THE STATE OF TEXAS
COUNTY OF DENTIN j KNOW ALL MEN BY THESE PRESENTS:
ADDENDUM TO LEASE
This Addendum to Agreement of Lease, made this the
of March, A. 0. 1976 by and between the CITY OF DENTIN, TEXAS,
known,her*in as LESSOR and the DENTON CHAMBER Op COMMERCE, known
herein as LESSEE.
WITNESSBTN: ~
That an the 21st day of August
, A. D. 1973, said LESSOR and ~
LESSEE entered into a lease for a term of twenty-five (25) years
1
beginning the let day of September, A. D. 1973 and ending on the
{ 31st day of August, A. 0. 1998 on the following described property,
f to-wit:
lying and being situated in the City of Denton, Texas
C
ounty of Denton, State of Texas, and being Lot 15,
Black
2510001Squaretroot),ythe ease bei g the(land owned by
the City situated on the northeast corner of Parkway,
and Carroll Boulevard.
fl and WA RCA.1, the LESSOR and LES319E are desirous of extending the
tars of said lease for an additional twenty-five (25) yearst
NOW0 TREMORS, LESSOR and LBSME do hereby agree to extend
the tats of the lease on the above described property for an addl.
tional twenty-five (25) years so that the'inltisl tors began on
the 1st der oC Seetse.r. I n_zov_ and will end on the 31st
of Aumst. A. D. 2023.
0 TEMNONT WNEMO%, the said parties have hereunto set their
hands in duplicate, the day and year above written,
_01?r 01 DBBTON, TEXAS DENTIN CRAM! Op COMNEAC9
8!s BYs
16%JPI U6 , MAL ,
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ATTEST;,
HUT. CITY SECUTM
CITY Or DENTCH, TEXAS
APPROVED AS TO LEGAL POR143
CITY OP DEN N, TZXJ A
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THE STATS Of TEXAS I
COUNTY Or- OENTON I
BEPORt ME, the undersigned authority In and for said County,
Texas, on this day personally appeared MAL REED, PRESIDENT, DENTON
I CHAMBER Or COMMERCE known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration
therein expreased and in the Capacity therein stated,
OIVNDI UNDIR MY HAND AMC SEAL OF OrrlCt, This the
March-* A. D. 1976. -rr °f'
OENT'OM COUNTY, TTSUS
TRZ STATZ Or TEXAS I
COUPyT 01 DINTOM I
8MM MI, the undersiSn ed authority, In and for said County,
Total on this day personally appeared TOM D. JISTIR, JR., MAYOR of
the City of Canton, Texas known to me to be the person and officer
whose no" to subscribed to the foregoing instrusrnt And acknowledged
to w that the mama was the act of the City Council of the City of
Denton, Texas, a Mualaipal Corporation, and that he executed the ease
--ea the offialal at of said Council for the purposes and consideration
therein expreased, and in $he capacity therein stated.
~OIVW URM MY Hj JD AND SEAL 01 OrnCE, This the %sy of
A. D. 1976.
J~ OURV rV541sy in MW rv
DUTON COUNTY, TEXAS
i ~ ~ ~ 792 ~u 333
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THE STATE Or TEXAS I
KNOW ALL HEN BY THESE PRESENTS:
r COUNTY Of DENTON I
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This Agreement of Lease, made this the Jr 1sT day of August,
A. D. 1971 by and between the CITY 07 DENTON, TEXAS, known herein
as LESSOR and the DENTON CHAMBER.OP COMMERCE, known herein as
LESSEE.
WITNESSETBi
That the said LESSOR does by these presents lease and dandle
unto the said LESSEE the following described property, to-wits
Lying and being situated in the City of Denton, Texas,
County of Denton, State of Texas, and being Lot 1S,
Block 431 of the City of Denton, Texas (approximately
75,000 square feet), the saws beinq the land owned by
the City situated on the northeast corner of Parkway
and Carroll Boulevard.
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ror the term of twenty-five (2S) years beginning the 1st
day of September , A. D. 1971 and ending the 31st
day of August , A, D. 1998 paying therefor the sum
of one Dollar (!1.00) annually upon the conditions and covenants
followinge
That 1i839S will immediately build and construct a building
on the property composed of approximately 1500 square fast, at an
approximate cast of $70,000, including site preparation, parking
and landazaplag.
(i) That said exterior wall area building will consist
of one hundred per cent ssssamry and/or glass con-
struotlon.
(bl That the parking, site preparation, and building
will meet all toning and setback ordinances of the
City of Denton, Texas, the Sol ite preparation dpaiekingiandilandscaping builftill bnit
approved by the Lessor prior to the Oommeneem nt
of construction.
(d) That there will beano avenues of egress Or ingress
for motor vshielas constructed to the leased pro-
perty gross Carroll Boulevard.
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That LESSEE will commence construction within two hundred
and seventy (270) days Of the execution data of this lease, and
construction will be completed within One year from tho date
that the Conatrcetion Coneeaees.
Iit.
The LESSCt will assure lull responsibility for general up
-1
keep, maintenance and repass to the building and property dur-
ing the term of the lease. Additionally, LESSER agrees to main-
tain in force, at all times during the term of this lease, a
policy or policies of fire insurance to the extent of at least
the actual market value of the demised presd us, in no event leas
than 150,040. Said policies shall name the LSSSOR as a beneficiary
thereof to protect its interest herein.
LUSS2 agrees to pay before delinquency all charges for water,
gas, heat, elsotrioity, power and other similar charges incurred
by tAssSS with respect to ana during its occupancy of the demised
premises.
IV.
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At the expiration bt the term of this Isaae, USSOR will at-
quire fall ownership of the building and improvements, tree and
clear of any indebtedness or obligatiwA.
IN Tt31I2101IT N!=RjO►, the sold parties have hereunto est flats
hands, is duplicate, the day and year abe" written.
CM O! D<ltlliDme TIUS, L=SSOR DS11SOll C11AMR of COMFUC=,
Lug tt
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THE STATE OF TCxAS x
COLUTY OF DENTON j
BEFORE ME, the undersignod authority, in and for said Texas, on this day l
o! Dentanp Texas, known oto lme topbe the BpersonuandaOfficertwhos ty,
name is subscribed to the foregoinq instrument and acknowledged to
'*"me0,^a;hoyat the same wasicipathe act of the City Council of the City of
?
Texas, a t,unI Corporation, and that he executed the
"'a"nf~n''r4tie official act of said Council for the purposes and eon-
` sl'do,rat!.ya`therein okpressod, and in the capacity thuruin stated.
GI.I e. 1IgNDER NY BAND AND SEAL Of OPPICE, This the
Augurt A. 1971, day o[
DLNTON COUNTY, TEXAS D R
TILE VIATI OF TEXAS
COUNTY OF DENTON j
SEPOM iQp the undersigned authority, in and for said County,
Tosses on this day personally appeared L.A. Nelsen, President of
the Denton ChawMr of Cosemeree, known-to me to be the rattail a:,,i
efficar whose net" is subscribed to the fore"inq instrument and
4 acknowle4 d to me fiat the •
srrc „ A awe was the sot of the Clamber
la Com-
E q~ r t!t he executed the saws u the official sat of said
I feF4 purposes and consideration therein expressed, and
Mcoin eeaeed.
A kY AMD AND SIM OF OMCl0 This the day of
lAu~ust D. 1! .R
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Ccv! Caf COWTYp TY1W
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AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND NORTH TEXAS STATE PAIR ASSOCIATION RELATIVE TO PROMOTIONAL
ADVERTISING AND SOLICITATION SERVICES TO lE PERFORMED EY THE
ASSOCIATION ON IEHALP OF THE CITY; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL Of THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
That the City Council of the City of Denton bereb approves
an alreesent between the City and the North Texas State Fair
Association relative to promotional advertlsiml and solicitation
services to be performed by the Associstlom oa behalf of the
City, a copy of which is attached beret* and incoryorated by
rotors ncI herein.
SECTION II.
That this ordinance shall become effective Immediately upon
I its passage and approval.
PASSED AND APPROVED this the day of April, 1916.
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1 Of DOOR , TEXAS
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ATTESTt
C OF D TON, pTEJfAS
APPROVED AS TO LEGAL POW
D IL oADAMDINTOllp IDIL YiVIH, CITY ATTORNET
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THE STATE OF'TgXAS f
COUNTY OF DENTON ;
Thl~ agreement made and entered into this day of
1986, by and between the City of Damon, Texas,
a
North un c pa orpgration, hereinafter called "City'r, and the
chartered aunderattheF+LawsAsofclthe Association, of -Texast hcorporation
ereinafter
called "Association";
WITNESSETHi
WHEREAS, City has receatl
the assessment and collection ofasa ehotel motel ordinance itax f In
the City of Denton of seven percent (71) of the consideration
paid by the occupant of a room, space or facility in any
hotel-motel; and
WHEREAS, the Association is well equipped to advertise and
conduct solicitation programs to acquaint potential users with
public meeting, fairground, and proposed exposition facilities
and to promote tourism and advertise the City of Denton; and
WHEREAS; "ft is to the. mutual benefit of the City and
Association that the City provide funds to the Association for
the above stated purposes and that the Association use such
funds for such purposes;
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants herein coatalned, City and Association hereby
agree as £ollowsi
1, Association shall employ its best efforts for general
promotional and tourist advertising of the City of Denton and
- %I conducting a solicitation and operating program to attract
meetings and conventions. City and Association recognise that,
hotel occupancy tax proceeds may only be expended for the
purposes enumerated in art. 1269)-4.1, Y,A,C,S,, as the same may
$e amended frog time to time, Association agrees to utilise the
funds appropriated herein only for such purposes as authorised
by law,
t. As a consideration for ' the services set forth in
Pars raph 1 hereof, City agrees to pay to Association an amount
equal to one (11) percent of the consideration paid by the
occupant of a room, space, or facility in any hotel with the
City retaining one percent of the total gross receipts eligible
to be paid to the Association for administrative expenses, but
the City shall not be liable to pay any additional funds. If
the one percent (11) does not adequately reimburse the City for
its expenses, then' City may deduct the actual amount of such
expenses. The eligible amount shall be paid quarterly from the
hotel-motel taxes received in any fiscal year during the term of
this agreement.
3. The City shall, on or before the 45th day following the
end of each quarter, pay the sum of funds the Association is due
which were collected according to Paragraph 2, for that quarter
less one percent (11) to the Association. The quarters will end
on the 31st day of March, the 30th day of June, the 30th day of
September and the 31st day of December of each year.
4. The Association' agrees that it will record expenditures
involved In this program on a monthly basis in separate accounts.
The books of account will be maintained in a form approved by
the Director of Finance of the City of Denton and will be
available for inspection and copying by the Director, his dul,v
authorized agents and representatives, during regular business
hours of the Association.
S.' Thirty days after the end of every quarter the Association
will furnish to City a performance report of its work under this
contract In a form determined by the City Manager and which shall
reflect overall activity, meetings, conventions and conferences
conducted, Identity and amounts of advertising conducted, copies
of literature produced as well as a description of direct mail-
ings in the last quarter, and the expenditures during the quarter
of the funds received pursuant to this contract.
6. It is understood and agreed that Association shall not in III
any sense be considered a partner or joint venturer with City, 1
nor shall Association be considered nor in any manner hold j
Itself out as as agent or official representative of City.
Association shall be considered an independent contractor for
the purposes of this agreement and shall in no manner incur any
expenses or liability on behalf of City.
7. Association does further agree to hold City harsless from
any and all claims by third parties for any injuries, damage or
liability occasioned by Association in connection with this
agreement.
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8. It is understood and agreed that this contract shall be
terminated upon occurrence of any of the following events:
(a) The giving of written notice by either party to
the other party at least ninety (90) days prior
to the date of termination;
(b) The termination of the corporate existence of
r A310Ciatlon;
(c) The Insolvency of Association, the filing of a
petition in bankruptcy, either by or against
Association, or an assignment by Association Ear
the benefit of creditors;
(d) The breach by Association of any of the terms and
conditions'uf this agreement and the continuation
of such breach for a period of ten (10) days
after written notice is given by City to Asso-
ciation of such breach.
9. In the event of the termination of this agreement as pro-
vided in Paragraph 8 hereof, Association shall submit t, City a
statement showing any expenses incurred by'it for the present
quarter in which said termination takes place and City agrees to
reimburse Association, to the extent that said mangos are
t collected from the hotel occupancy tax during that quarter, an
amount equal to the lesser of the expenses incurred by the
Association during that quarter or the amount of the Association
is eligible to receive for that quarter. City also realizes
that Association ■ay have committed themselves to pay expenses
for advertising and solicitation that will occur after the
termination of this agreement, mad City a roes to reimburse the
Association for such expenses up to Re cumulative sun of
$1,008.00.
10. Association shall not assign this contract without the
written consent of City first obtained in writing.
11. Any notice required to be given under the terms and
provisions of this agreement shall be effective if and when
given in writin and deposited, in the United States Mail,
certified or registered mail, return receipt requested, on the
E date so deposited and addressed to the respective parties as
followst
PAGE 3
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A rk :R~
City manager
city of Denton
115 East McKinney
Denton, Texas 76201
President 6 Executive Director
North Texas State Fair Association
P. 0. Box 1695
Denton, Texas 76202
12. This agreement shall be binding upon the successors and
assigns of the respective parties.
13. All the terms, conditions and stipul4tions of this con-
tract are subject to all applicable federal laws, state laws,
the Charter of the City of Denton, all ordinances passed pur-
suant thereto and all'fudicial determinations relative thereto.
EXECUTED on this the ~ day of LlIQ?'.dLe.,~,~ 1986.
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CITY OF C.ATON, TEXAS
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ATTESTi
-M #MJrbTTJ
I Y OF DBNTON,TTEXAS
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH9 CITY ATTORNEY
CITY OF DENTON, TEXAS
NORTH TEXAS STATE FAIR
ASSOCIATION
a if
ATTEST:
A
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147
October 17, 1989
CITY COUNCIL AGENDA ITEM
WORK SESSION
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
I
FROM: Lloyd Harrell, City Manager
SUBJ: DISCUSS CITY OF ARGYLE'S REQUEST FOR WHOLESALE WASTEWATER
SERVICE.
RECOMMENDATION:
None at this time.
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SUMMARY:
Attached is a letter from the Mayor of Argyle requesting wholesale
wastewater service. The Utilities Staff has had several meetings
with Argylo representatives over the past several years regarding
such service, and it appears conditions are appropriate in Argyle at
this time to move forward. Since the Upper Trinity Regional Water
District (UTRWD) has been created, it may be in the best interests of
Argyle and Denton fo, Argyle to contract for such sewer service via
the UTRWD. Denton would of course still probably transport and treat
Argyle's wastewater, but via a contract with the UTRWD,
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
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Denton Municipal Utilities, Public Utilities Board, Legal Department,
-J City Council, City of Argyle, Upper Trinity Regional Water District,
and Citizens of the Community.
FISCAL IMPACT:
Cannot be determined at this time.
Respec Ully Sub fitted,
I LT-o-y-d erre y
it Manager
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CC Meeting
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Prepared/Approved by,
1~. a so , xecu ve rec or
Department of Utilities
Exhibit 1 Letter from Mayor of Argyle Requesting Sewer Service
II PUB Minutes of September 19, 1989
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August 21, 1989
Honorable Ray Stephens, Mayor
City of Denton I
.215 E. McKinney Street AI16 ? 8198
Denton, Texas 76201
RE! WASTEWATER sRRVICE Clry CEpS OFFICE
Uear Mayor Stephens:
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As you know, for the last two yearc the City of Argyle has been
actively evaluatinj the feasibility of implementing an organized
wastewater collection and treatment system. We have been
contirn,,Jly frustrated with the lack of a major sewer customer and
the high cost of a new system.
However, on August 14, 1989, the Argyle Independent School District
(AISD) formally requested sewerage service from the City of Argyle.
The A'S) is commencing construction on a new facility which should
be cenpleted in the fall of 1990.
The request to provide sewer service to a major customer was the
catalyze that the City needed to implement the initial phases of
an organized sewer collection and treatment system. The most
economical and advantageous treatment alternative for the City is
to contract with the City of Denton for wastewater treatment. over
the past two years, we have had discussions with your city staff
concerning this treatment alternative. We were unable to formalize
a agreement, due to the high initial cost to the City of Argyle.
However, with the AISD as a major customer, we are now in the
posture to enter into an agreement with the City of Denton.
This is to respectfully request wastewater treatment service from
the City of Denton. our plan is to build a torte main from Argyle
to an existing Denton interceptor line located along State Highway
1830. We would like to initiate an agreement, as soon as possible,
since the AISD must have sewer service within the next nine months.
If you are receptive to entering into an interlocal agreement,
M members of our professional consulting team would be pleased to
meet with your city staff to work out the details of this project.
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~ityIUW 464-7271. TAN DCP~rlrnilkt: 464-7274. roticeorp&rinwnt: 464-7254. Mutwspaltvurl 461 72;S. PO. Hot 10S. A;~Ilr. rvt~ 176
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Letter to Mayor Stephens
august 21, 1989
I hope the City of Denton will favorably consider this request for
wastewater treatment service. I look forward to hearing from you,
and if you have any questions concerning this matter please do not
hesitate to contact me.
Sincerely,
Norm Thomas, Mayor
City of Argyle
cc: Frank Medanich
Pete Tart
Don Rauschuber
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EXCERPT
Public Utilities Board Minutes
September 19, 1989
3. DISCUSS CITY OF ARGYLE'S REQUEST FOR WHOLESALE WASTEWATER SERVICE
Nelson introduced this item and advised that Staff will be visiting
with the City Council tonight on the issue and needs to get a
response back to the City of Argyle. He advised that members of
his Staff have been meeting with Argyle for the past four to five
years and they now seem to need to move forward due to the new
school they are building.
They want to build their own sewer system in the City of Argyle and
contract with the City of Denton for wastewater treatment. Staff
believes the City needs to let Upper Trinity Regional Water
District (UTRWD) handle such requests. Denton would of course,
still transport and treat Argyle's wastewater, but via a contract
with the UTRWD.
Concerns expressed by the Board include a desire that when the City
expands our plant, Argyle should share in some of the expansion
costs; that Denton's future growth may be a factor in the City's
ability to honor such request, if Denton enters into a contract
with the UTRWD, we enter as equal partners, and the Board an& City
Council must still be responsible for Denton as far as Denton's
water and sewer plants go. Nelson assured the Board that Denton
does control the future of its water and wastewater plants.
After much discussion, Nelson requested a general consensus from
the Board that Staff should go ahead and negotiate with Argyle
concerning sewer service. Such consensus was given.
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DATE: October 12, 1984
CITY COUNCIL REPORT FORMAT W3
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE RECOhMENDATION OF THE SOLID
WASTE ALTERNATIVES COMMITTEE THAT THE CITY OF DENTON SOLID WASTE
DIVISION BECOME THE EXCLUSIVE CC"4ERC1AL AND INDUSTRIAL 501-ID WASTE
COLLECTION SERVICE PROVIDER.
RECOM~iE_ NDATIa.~:
The Solld Waste Alternatives Comnittee recommends approval.
SL"V'RY:
The Solid Waste Alternatives Courrittee recomnendatlon was based upon thr.lr analy-
sis which indicates that such actlon would be In the long-term best Interest of
all commercial, Industrial and residential solid waste customers in the ccrTounity
from both a financial and service standpoint.
BACKGROUND:
Last year, the City Council created the Solid Waste Alternatives Cu mittee (SWAC)
to evaluate and make recommndations concerning the role of the City in providing
solid waste services.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Solid Waste Com erciai Unit, private solid waste collection companies and their
customers, as well as all City solid waste customers.
FISCAL ACT:
See Solid Waste Information Report.
4.RKespec fuly submitted,
Harrell {
City Manager
Pre ed by:
Charles S. Watkins
Superintendent, Solid Waste Division
Approv d by:
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Bill Angel
Director of Community Services
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SOLID WASTE
INFORMATION
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TABLE OF CCi fl ENTS
BACKGROUND
RECOMMENDATION
SURVEY
RATE COMPARISON
TEXAS WASTE MANAGEMENT'S DENTON RATE SCHEDULE
IEXAS WASTE MANAGEMENT VS CITY OF DENTON RATES
SURVEY OF CHARGES
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CURRENT CITY RATES
COST/REVENUE ESTIMATE FOR CITY ASSI.MPTION OF SERVICES
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ANTICIPATED EFFECT UPON DISPOSAL RATE IF C(OiERCIAL SOLID
WASTE IS SOLD
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BACKGROUND
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CNCr the last year, the Solid Waste Alternatives kAximli.Lee read nunerous
articles and reports, listened to a fair nurber of knowledgeable people de-
scribe various aspects of solid waste disposal and why It should be done one
way or another, and most importantly of a11, asked the City staff assisting the
committee to research a lot of factual questions, the results of Which were
discussed at great length in the Wednesday evening meetings. It became clear
very quickly that the issues did not separate into Individual questions to be
answered one way or another. The Issues are Interwoven, and while some leeway
exists, the recommendations are the result of broad consideration of the entire
fabric of questions In the light of what is best for the people of Denton now
and some reasonable expectation of what the future Is Ilkely to bring.
The committee studied the current situations at other cities, trying to draw
from the experience and efforts of others. But in some ways Denton Is unique.
L%L ally is Denton currently In the solla waste collection business, Denton has
Its own landfill. Denton also has Its own power generating plant, power
distribution grid, and utility billing system. All of these play a part In the
recommendations.
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RECOhKNDAT[ON
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Tha Soild Waste Alten>dtives Committee recommends th,e City of Uenton became
exclusive camierclal and Industrial solid waste collection service provider.
DurL g Its analysis, the committee has considered the potential impact of
continuing to allow 'open' commerclal/lndustrtal collection; has carefully
considered selling the City comllercIal system and privatizing comner-
cial/Industrlal solid waste; and has analyzed the potential of assigning ;
territories within the City to solid waste service providers.
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In recent years there has been considerable cultivatlon of the ccrtmercial solid
waste disposal business In Denton by private haulers. The service agreement
used by the City's principal competitor is for a term of three (3) years, and
is automatically renewed for mike terms thereafter unless either party gives
written notice at least sixty (60) days prior to the terminatlon of the Initial
tern or arty rE;twat term. If the customer terminates the agreement other than
as provided, the customer agrees to pay liquidated damages,
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The service agreement allows the contractor to increase charges In an amount
equal to any increase In disposal or fuel costs and allows adjustments to
reflect Increases in the Consumer Price Index. Their schedule of charges rlay
also be adjusted for reasons other than Increases In disposal or fuel costs or i
the Consumer Price index, subject to approval by the customer.
The rate schedule currently used by Texas Waste Management Is a duplicate of '
the 1986-87 rates charged by the City of Denton. Infonmation from a number of
customers regarding the rate they are or were charged by Texas Waste Management
does not conform to their rate schedule, and In sane Instances, there are
substantial disparities in the charges for comparable levels of service.
If the City of Denton was to go out of the solid waste business, so that the
customer would have no viable alternative. we believe the gnat to the r:,Lstomer
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Mn.,uld be Increased considerably above the rates currently charged by the city
of Denton. This belief is reinforced by looking at the commercial rates the
private haulers are charging carrmerclal customers in nearby cities, and compar-
Ing those rates to the rates those sane private haulers are charging customers
In Denton. The committee heard presentations from both Browsing Ferris Indus-
tries and Texas Waste Management, the two largest private haulers In the Denton
area. Both companies spoke of the absolute need of long-term contracts, five
years or rmre, and the absolute requirement to be able to pass through cost
Increases to the customer. Data from other cltles served by these companies
Indicates that this type of contract results In fees higher than tho;F. charged
by either of those companies within the City of Denton or by Denton Itself.
The presence of numerous collection service providers In the same area contrlb-
utee to the dilution of the service area to a point In which revenues generated
are inautflclent to cover costs or provide a reasonable return on investment.
The pricing tactics of the private companies could lead to erosion of the
Cltyrs customer base, thus depriving the City of Its most valuable marketable
asset.
The survey of commercial rates for dunpster services shows the City of Denton
to be below the rates charged in other cities. Many of these cities are served
by the same major companies who currently serve Denton. In the area of roll-
off services, Denton is typically below or competitive with other cities In the
area.
For dumpster services, Texas Waste Management's rates are below the current
City of Denton rate. The rate schedule used by Texas Waste Management prior to
April 15, 1989, is a duplicate of the City of Denton 1986-87 rate schedule.
Information obtained by the staff demonstrates that the actual charges by Texas
Waste Management to some of their customers do not conform to their rate
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cane instances there are substantlaf disparities to the
charges for comparable levels of service.
The use of the service agreement, general underpricing of the City, along with
inequitable charges, leads to concerns regarding the potential for the erosion
of the City's customer base and to concerns regarding the effect of selling the
City commerclal system and granting an exclusive franchise to a private corpa-
ny, particularly when reviewing the rates charged by Texas Waste Management in
f the City of Lewisville where they have an exclusive franchise. It is also
Interesting to note that the DFW Landfill (which is owned by Waste Management)
Is located in Lewisville and their tipping fee was $1.95 per cubic yard when
they were last surveyed. The tipping fee at the City of Denton Landfill is
$2.72 per cubic yard.
The committee feels that if the City commercial system was sold
slue franchise was and an exclu-
sive that rates could escalate to a point comparable with
charges elsewhere In the area.
With regard to privatization, Texas Waste Management and Brown Ferris Indus-
tries made presentations to the committee. The typical contract length is a
five-year minimum with several five-year options. Rates are tied to the
Consumer Price Index and are not at a fixed rate for the length of the con-
tract.
The committee feels that the long-term Interests of the citizens and the
commercial customers will be served best by preserving the Clty-operated solid
waste collection system as the exclusive service provider.
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SURVEY
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GLTCBER If88 SOLID W'96 SLUM OF C"ERCIAL i RESIDENTIAL SERVICE
FARMERS
CARROLLTON BRANCH FORT WOR 9 GP.RLFfi1D ;RVi46 LFIISVILLE ICk1N1iEY
Restcenlrei Servue A .
LANG 91Cfi
'lonthir Chuge 1,51 3
None 6,35 7,50 9.25 7.07
No, of Households a'<0 8.25 7
23,000 7,700 126,000 52,284 27,992 91684 4,000 31,1191 22
Service Frequency 2X411k Wweek DVveek DVWeeA DVWeek DVwfea
Service Method Mail Meet DVv 1
Bags paper Bags Bags Of throw Begs Bags--psper Bags aw+y coalafaers or plastic or Cans Gags Bags g,
9ree gags 2%/rsar
D(/nu No No No
No No 2Xhear r
Badglt 641,100 146,pp5 12,115,599 2,015,8411 3,6311,739
General Fund Subsidy sro Dolow 141,993 3,685,484 f,90(
II NO Yes 538,737
Generat Ned Transfer No No r
No No No
Mir Services
V of Revenue See t
Yes Yes No No No
Special Collection 1N belay Meek E No No R,E
x4.0ath 1X/eoati Sae below DWeek Cali-in See bslw lx',
Special Charge No No No No
No No 113 per 112 hr Wcv rd p
Disposal Facility Public Public fll~ialwtus
Public Public Public Public Public Private Priv
Neu of Facility Carrollton Canotot Southeast Garland Hunter Ferrell TX waste Nckianer Nltluaiuoai NTMun
t, ltAdf I I I Landfill Landfill Maaa
9eeaot Landfill water Dist. Why
t=WClal Service E E
E E E 8
Franchise Fee 8 B A
Note Nate None Not None ?X of comrr• 41 o} Rnener Sol below
cial ruohls No
1 01100111 Facility mvkitipil Nuniclpal MOAiCiP+l 1%1,cipal NYelcl al
~ 1 Private Municipal Private Pr 19
Nat of Facility Curolltoa Camelot Swtheest Sul+ad its atop Ferrell TX Waste Mckianey NT Muelcilal NF Nun
laadflll Landfill ludfill Mua
tNsteat landfill Ifitor Dist. Candy
aRESIDENTJAL SERVICE
- eCCf WIAC SmIC£
A. Manieioal collection
B. Private cootrictw A. Muatcilal Collection
C. Melts, coatraetorswiti assigned territories 8. Private contractor With aclusive frenchm
D. Muolcip+l i private with assigned terrltates C' Private catr+etwi with assigned territories
D. Moaieip+l i private with 1561911d terrrtwivs
E, Mhaicipal i private, 00 alstgard territories,
No 130/1119/ 4ruchlso
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Carrollton --SPECIAL COLLECTIWS-- Brush is pic[ed up on ull in Pau s. Th p hive one man and one truce den gnaUd
for Crush 00ul. Currently it averages around 2 lays a wank. 3ther tines during the year it is pore often.
400141{IS and furniture ire Picked iro on the regular routes oy the regular crews.
•-irNEAAL FIND SUBSIPY•- They are not an enterorie. Puna. 'hay are Carl of the generil funa. 'his rear 81.981
solid waste operations cane in below budget.
Farmers Branch --370 SERVICES-- Valley View Citizens Transfer Site. Citizens can use 2 40yd open too% at this site.
Fort Worth --OTHER SERVICES-- Illegal dump if tes.
--CO'MERCIAL SERVICE--The city collects sale canssarciai, but mostly their connercIal collection consists
of Other City Ooeratioes, waste,
Irving --SPECIAL COLLECT2@15-- One collection each 20-11 calendar days,
Call-in is Pot necessary Of required.
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Plino --SPECIAL COLLECTIOMS-- The Median and Right-of-clay Division handles special Collections,
--fVOISE FEE-- 41.11 of grass receipts firm accookts where customer is using in 8 cu. Yd. cohtainer or less,
3V of gross receipts Uors accovots where customer is using 20. 30 or 42 cu. Yd' container.
Richardson --HNEM4l FIND TR4118FE1- Residential Solid Waste is not in enterprise fund. It is a part of the genuil fund,
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7ClOBER Iall SDLID ta4STE SURVEY OF C"ERC1Al 6 RESIDEMIAI. SERVICE
I ANIIN67Ot4 h4YT0.N
Residentsal Service g BfAEhaR EEIIAiAE GAtVESTCfI MESQUITE 'RANG..E
SNC.'" 1
. . . .~E A
A A A A 6 A A
Monthly charge 4.50 9150 10.89 12,00 11,75 6,75 5,75 .,c5
6,09 S.OD
No, C4 Households 63,000 14,000 33,000 6,000 20,000 30,000 51000 19,000 14,000 21,203
Service Frequency 2X/wAsk 2Xheek 2X/tw
sak DWtok Monk 21Vweek 2N/wnk 21Wook Mook Milk
Service method oats 819% Autasated Bags figs B69s Bags Bags Bas Ba s
of cans 0 t
or Cans or Cans or cans or uns or cans or cans
Free Bags No No See below Wynne N0 No No Budget No No No
111840001 3,997440 990490 2,783,476 1,700,000 370,000 Ste below 1,504,041 Sol belay
Gtnlril Fund Subsidy 51,000 No 739,721 Me Yes
No See below No No
6e1eral Fund Trinifer No 200,000 No 475,000 No
~ See below NMI 139,201 See bola
Other Services No Se/ below
No Sol below Na
Specie! Co1JAstioe No No Ste Ninw No
2XANII 2%hsak VA#tk I"tok See below UWlek 1JVWeek
Special Charge No No NO $ee beta MOM I"1111
j No No No No Sea below No No
0130asal Facility Public Previte Public Public Pub11C Public
Public Public Public Private
None of Facility Arlington Mareliom IeluAat Bellaire outf Cast 1`116411to cringe Co. 6TIk4 TMplt llidiau
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landfill laadflll landfill Transfer ludfill landfill See below Lindlill
Canercial Service 1 Set Woo Set bolaw set below See Sill
bola
A Set below ho "law Ste below E
franchise Fee Set below None V 04 Oros None None None 5Y of gross V of Voss A 04 gross None
receipts receipts roctipls receipts
Set below.
Disposal Facility Municipal Private Nulklpll private Prlvatt Municipal Municipal Private Muaicisli Private
Nowt of Facility Arlington Niallwood Bsamowet BFI BFI Mes4vite Draoge Co, Lot 6 Sons Tolle laldlaw
!6664 i 1 I
landfill A 2 others Allis liedfill laodfilJ
landfill
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'RESIDENTIAL SERVICE
' +CQ91ERC1Al SERVICE
A, Municipal Collection "
8. Private Contractor A. Municipal Collection
C. Private contractors with assigned territories C
a. Private Contractor th . Privets coatrictorswwithenslaetd to
D. Municipal 1 private with assigned Imitation, 0, 11onlC1pe1 I private With Assigned leer
II E. Municipal I Prlsat/, no asstgeod tore,
escloslut 4roacils#
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Arlington •-cg4401SE FEE-- The city receives SD,24 cents alt resldenltl custmer hllled by the city as an adilnil tra11Y1 U
The contra for pays the city $5.75 Per ton for every ton dispoteo of ,n the City I+noflll,
9artown --iiESIDENTIAL PATE-- 19,50 is the noalnly rue. 'here s I stnier i't tars rate of 1l.75,
--CNIERCIAL SERVICE-- private contractors, rs assigned territories.
3taumont --gESIDENTIAL SERVICE-- They are conVerling to an avtoni system, r.o thirds of the city is converted, The rena
1/3 will be converted by Dectei • city provldet residents with the containers for this systel,
•-OTHER SERVICES-- CIeIR cDensRity prop m, landfill
-SPECIALS-- Call in basis. Department will pick it up within 10 days. BN{yloot enplorett ld peodll who wore escis
picking up specials 3 days a week,
•C2MERCIAL SERVICE-- 4 getyat, contractor,, non•,yclusiue franchise agttentnts, The city services a (w well) bt
residentially,
Bellaire --S9ffR4L IN SMIDY out of the Utility Fund.
Bellaire --C"0CIAL SMICE-- BFI4 Waite Management and severe) other individual orivate aaulets, No isslgood lurltorin
oo francaists.
SalvesloR --OTHER SERVICES-- Street swteptng Ind litter crew,
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SPECIALS-- 8refk is picked sp 1X/1t►ek. The litter crew picks up appliance, and other Iatgt items OR a call in I,
day, a wet.
"IK SERVICE-- They cvrreRtly hen r1
art workteq on golaq to I franchise urge p vale contractors without assigned territories or franckifts, Nwne
Qealent,
Orange --BIgGET-. Ttchslcally, Solid uaste it not a separate fund iron the general fupd,
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k '-CCMIERCIAL SERVICE-- Moaieipal Ind private, AD assigned territories, non-tyclotive franchist agremeti.
r' Sham" •-BU W- Sol Id Waste is I put of the 9eieeal fved- 14% of operations paid by gtntraI fund, 50% acid by itsI chat
rnidooti11 cs,lmen, '
--SPECIALS-- 2)t/?tar the city provides I citywide free collection of brush, large (tens, and unvival ucatulationt,
rest N the year it is dolt oR 1 call in bills. Prices rang, from $11 to $85,
-OTA- Water home Mul ichnl Utility District Landflll
--COf1ERCIAL SERVICE-- City provides camercinl collection of begs led cardboard bores. There are 3 Private haulers
P(ovidt dm"ter sereict, no Isstgntd tarttorits, noa-eeclniut frehchitts,
Tm,lt -FWA SERVICES-- Landfill, wt)dlnq shop, street sweeping.
-C IAL SERVICES-- City provides up to 4 cu, rd, durmMors. cu. Yd, dismo
all cpttainas, Moo-ncinse kancAlst. All the contract is up, thevfranc
receipts,
111110 Pv hYprheorrr}lsb~ ~ustd }rm 3X 1ot5XsNngr
Tyler ^8
eo e. thahd coseetrclnl it one bid" I, total Dudgtt is $2.8 Million. Caaercui revenet this rfat, 4671
CaworcllrNa) tl txpypuus this rtu, 1511,101. They truster 1281,001 to the general fond for vehicle ig# n . This rt1
j they trutfetd 1278,111 to the geaerU fu tp slut IR a4tl
II pMOt noortitntion fund.
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RATE COMPARISON
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LEWISVILLE Texas Waste will be raising rates effective November I, 1988.
Lewsiville has not received a proposal from TY Waste yet on the amount.
BEAUMONT Thev ci.rrently have non-exclugive franchise agreements with 4
Private companies. The above rates are the maximum which these companies
can charge, however, they may charge less.
SELLAIRE They have BFI, Waste Management and several other private
haulers in town.
%SHERMAN There are 3 private haulers in town.
6 and EMPLES cubic provides 2, 3, 4 cubic yd. dumpsters. Private hauler provide
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yard dumpsters and roll off containers.
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NOLLiaFF FATE COMPARISON
DELIVERY MONTHLY SERVICE CHARGE
FEE REI4TAL FEE r'ER FULL
20 YARD OPEN FOP
Lemon ;0,i, 0 39.53
Carrollton None iii}
Farmers Br,r-,:h
Fort Worth
Garland
Irving
Lewisville (24vu OT) 37,78 104.64 130.76
McKinney
Plano 35.00 180 .i Io
130. Q0
Richardson None 9(:i.iu1 39.00 11
Arlington f15vd DTI 29.00 52.00 52,1)0
Baytown BFI would not release rate information.
Beaumont
Bella-.re Information not available from the city.
Galveston
Information not available from the city.
Mesai,i to 30.00 75.00 46.00
OrAnge
Sherman Information not available from thq city.
Tcropls None 55.00 460+(DumPinq F•ee)
I Tyler None 65.00 110.00
30 YARD OPEN TOP
Denton
50,00 52.50 142.24
Carrollton None $0.00 125- ,00
Farmers Branch see_explemation below _125.0!)
Fort Worth
Garland
Irving
Lewisville 37.78 104.64 163.45
McKinney
Plano 35.00 180.00 130.:0
Richardson None 108.00 59,46
Arlington 29.00 102.00 66,00
Raytown BFI would not release rate information.
Beaumont 16f,.(10
Bellaire Information not available from the city.
Galveston Information not available from the city.
Mesquite 30.00 75.00 60.00
Orange _
Sherman Information not available from the city.
Templo None 65.00 4604(Dumoinq Fee)
Tyler None 75.00 125.00
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hOLLOFF RATE COMPARISON
DELIVERY "ONTHLY SERVICE '=S'~ARGE
FEE RENTAL FEE '~E; 71:1-L
40 YARD OPEN TOP
'Denton 50.40 57.75 189.00
Carrollton None 51),i)ii 1Z~.4(I
Farmers Branch see explanation below 1_5.110
)=art Wurth
Garland
Irving
Lewisville
Mclinney
P'1 ano
Richardson (42 vd OT) None 108.00 83.00
Arlington _9.00 124.00 84.00
Baytown BFI would not release rate information,
Beaumont
Bellaire Information not available from the city.
Galveston Information hot available from the city.
Mesquite
Ureii4F
Sherman Information not available from the city.
Temple None 70.00 $60+IDumping Feel
Tyler None 80.00 110.00
20 YARD COMPACTOR
Dentan 5'0.00 115.50 94.80
Carrollton
j Farmers Branch see explanation below 125.00
Fort Worth
Garland
Irving
Lewisville (24 yJ Comp)
Business owns comp, head 37.78 183.39 175.12
Wst Mgt owns head 6 box 37.78 396.00 175.12
McKinney
Plano
Richardson None 343.00 -_69.00
Arlington
Baytown BFI would not release rate information. I
Beaumont 1
Bellaire Information not available from the city.
Galveston Information not available from the city.
Mesquite
Orange
Sherman Information not available from the city.
Temple Information not available from the city.
Tyler See below 110.00
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ROLLOFF RATE COMPARISON
DELIVERY MONTHLY SERVICE CHARGE
FEE RENTAL FEE PER PULL
-
30 YARD COMPACTOR
Denton °,0.00 157.'0 142 . '-0
Carrollton
Farmers Branch
Fort Worth
Garland
Irving
Lewisville
Business owns camp. head 37.78 183.39 175.12
Wst Mgt owns head & bog 37.78 396.00 175.12
McKinney None None 110.00 $100 Deposit
Plano
Richardson None 343.00 103.00
Arlington 29.00 102.00 76.00
Baytown BFI would not release rate information.
Beaumont
Bellaire Information not available from the city.
Galveston Information not available from the city.
Mesquite
Orange
Sherman Information not available from the city.
Temple Information not available from the city.
Tyler See below 125.00
42 YARD COMPACTOR
Denton '0.00 176.40 199.08
Carrollton (40yd compactor) None 150.00 159.00
Farmers Branch
Fort Worth
Garland
Irving
Lewisville
Business owns comp. head 37.78 183.39 175.12
Wst Mgt awns head 'N box 37.78 396.00 175.12
McKinney None None 189.90 5100 Deposit
Plano 35.00 1B0.00 147.00
Richardson None 343.00 144.00
Arlington 29.00 202.00 91.00
Baytown BFI would not release rate information.
Beaumont
Bellaire Information not available from the city.
j Galveston Information not available from the city.
Mesquite 30.00 110.00 84.00
Orange
Sherman Information not available from the city.
Temple Information not available from the city.
Tyler See below 150.00
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FARMERS BRANCH They do not prorate the monthly rental fee. For 10yd
and 40yd open tops, if a business has the container for 1 to 14 days,
the charge is 150. From 15 to 30 days the charge is 1100. For 15yd and
_Gvd,compactors, if business has the container for 1 to 14 days, the
charge is $40. From 15 to 30 days, the charge is tBO.
TEMPLE bumping Fee is X1.03 multiplied by the landfill charge.
TYLER Rent for each individual compactor is the cost of the
equipmant divided by 36 months.
DENTON Charges a one time delivery fee of $50 to new customers
for roll-off service. The City typically owns both the stationary
compactor and the box. If the City does not own the compactor,
only the service charge applies.
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TEXAS WASTE MANAGEMENT
RATE SCHEDULE
FOR DENTON
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FST2S109338/6
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A Waste Managemem Cam[
DENTON RATE SCHEDULE
COMMERCIAL
Frequency 3yd 4yd 6yd Gyd _
/ 1 $ 22.80 $ 23.36 i 33.60 i 44.80
f ! q~ 2 33.60 44.80 65.76 87.68
3 50.40 65.76 98.64 131.52
4 65.76 87.68 131.52 174.08
' 5 82.20 109.60 163.20 217.60
6 95.64 131.25 195.84 261.12
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{ FOR MUTILPLE DJMPSTERS
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j Cubic Yds Collecter Per Month Rate Per Yard
1- 12 i 1.90
13- 20 1.45
f /5~p ool"4104-1 21- 40 1.28
41-200 1.21
litio+~fto 201-400 1.15
j 401-500 1.12
501-600 1.09
601-700 1.08
701-800 1.05
801- Up 1.01
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j TEXAS WASTE flANAGEMENT -
CITY OF DENTON
RATE COWARISON
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1ST2S109338/7
Texas Wait, 1f1n1oment Rites Prior to 4-15.89
City of Clnton Rates 4-1.118 to 2-28-Bv
3ya Ayc oyo 9yE
` % T4j 741 rlr 7WM C:r.
22.89 22.80 23 36 1 23.36: 33.60 35.04 ; 44,80 44,80
2 33.60 33.04 1 44.80 44.80 43.76 65,76 ; 37.68 97.68
' 50.40 50,4C 1 65.76 65,76 98.64 98,65 131.52 131.52
` - 55.76 43.76 87.68 97,68 • 32 131,52 ; :74.08 174,08
32.20 32.20 ; :99,6: 109,6L' :-3.20 163.20 ?17.60 217,60
98,63 48,64 ; :3:.F5 ;31.52. :95,34 193,84 261.12 261,:2
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-flat 411t! ttan+oeeent Rites Effective 4-15-99
City of OeAton r1t11 Effective 3-1-119
3rd 4yd 6yd Byd
Frnuencr M CI'" 7w CITY V! CITY 't!t C:*Y
2445 24.A9 t 23.46 25.36 1 36.62 38.04 1 48.83 48.72
2 36.62 3844. 48.83 4F.72. 1,68 71,521 95.57 93,36
3 34,94 54.81 1 71.60 71.52. 117,52 107.28 : 143,36 143.04
4 71.68 71.52 1 93,57 95,36 1 143.36 143.04 1 189.75 184,12
3 89.69 99,401 119.46 117,201 177.89 177.301 237.10 236.40
6 107,52 107,28 1 143,06 143.04 1 213.47 212.74 284,62 283.68
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SURVEY OF C HkRG£S
March 30, 1989
CITY
CURRENT RATE
SERVICE TX PRIOR
PROVIDER WSP TO CLTJ;zm
i SERVICE LEVEL MGP 3/1/89 CITY
v WSP MGT Greenway Plaza -
7bny Raposa 2/3 yd 2x $ 31.68 S 65.76 $ 71.52
City Oust. Varsity Bowl 1/8 yd 2x 115.5? 87.68 95.36
City Cult. Singing Oaks Apts. 8/3 yd 3x 397.18 380.16 413.28
City Cust. Loma Del Rey 6/6 yd 3x 498.00 544.32 592.1.)
TX WS1 MGT Town 6 Country 1/6 yd 2x 67,41 65.76 71.52
TX WST MOT Gana Gohlke 1/4 yd lx 24.21 23.36 25.36
TX WSI'Ijr So. Denton Animal
wSpital 1/3 yd 3x 40.00 50.40 54.81
I CITY
RATE
TX PRIOR
WST TO CURREW
SERVICL IM ' 311/89 CITY
Prices quoted tO local business 1/3 yd lx $ 22.80 $ 22,80 t 24.64
over the phom.
11hey do not have 2 ysrds.) 1/3 yd 2x 33-60 35.04 38.04
1/4 yd lx 23.36 23.36 25.36
1/4 yd 2x 44.80 44.80 48.72
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Rhin business was told that TX WW Mar asked for a one-year rnmdtwnt.
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Prices quoted on a 30 yd open top in ?.e isvilles
Delivery and setup $ 39.03
Rent 3.50/day (30 days - $105)
Per eq)ty 168.84
p~ 1,F'.151 S'Jk Mt~.~
"T THE CITY CHARGES
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RATES FOR SINGLE DUMPSTERS - 1989-90
EFFECTIVE 10/1/89
2 CUBIC YARD CONTAINERS
SERVICE PER WEEK RATE PER 30 DAY PERIOD
1 S 16.50
2 25.44
3 38.16
4 48.68
5 61.10
6 71.76
3 CUBIC YARD CONTAINERS
1 S 24.75
2 38.16
3 54.99
4 71.76
5 89.70
6 107.64
4 CUBIC YARD CONTAINERS
1 S 25.44
48.88
71.76
4 95.68
5 119.60
6 143.52
6 CUBIC YARD CONTAINERS
{
1 $ 38.16
2 71.76
3 107.64
4 143.52
5 177.90
6 213.48
8 CUBIC YARD CONTAINERS
1 S 48.88
2 95.68
3 143.52
4 189.7&
` 5 237.20
284.64
1ST2S99315
Revlsed 10/1/89
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CITY OF DENTON
COMMERCIAL DUMPSTER RATES
1989-90
CUBIC YARDS COLLECTED RATE
PER WEEK PER 30 DAYS
4 - 6 $8.25
7 - 10 5.36
11 - 25 5.11
26 - 50 5.98
51 - 100 5'93
~ 101 - 125 5.76
126 - 150 5.
42
151 - 175 5.42
176 or more 5.16
Ii 4.99
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0 of Yard3 Charge
Dumpster Services Collected - Per
M ster x Size x Per Week = Per Week x Rate
30 Days
it Example 1•
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1 x 3 x 3 = 9 x $6.11 =
S 54.99
i Wt Ex le 2;
l.._J 3 x 3 x 2 -
1 x 2 18
x 3 = f 6
24 x $5.98 $143.52
It Customer has one 3 cubic yard sized dunpster picked up 3 times per week.
Customer has three 3 cublc yard sized du,psters picked up 2 times per week
and has one 2 cubic yard sized dompster picked up 3 times per week.
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1ST2S99318 (Riv. 10/1/89)
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COFTIERCIAL "ROLL-OFF" RATES
1989-90
EFFECTIVE OCTOBER 1, 1989
A $50.00 delivery fee Is to be charged to all new custaners.
OPEN TOP RENT COST
CONTAINERS PER 30 DAYS PER PULL
20 cu. yd. S 39.53 S 94.40
i 30 cu. yd. 52.50 144.60
{ 40 cu. yd. 57.75 192.80
RENT COST
f COMPACTORS PER 30 DAYS PER PULL
12 cu. yd. S 87.15 S 57.84
15 cu. yd. 89.25 72.30
20 cu. yd. 115.50 9E.40
` 25 cu. yd. 115.50 120.50
- 30 cu. yd. 157.50 144.60
42 cu. yd. 176.40 202.44
(Cost per pull n $4.82 x c/y size)
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1ST2S99316 (Rev. I0/1/89)
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FISCAL IMPACT
OF
ALTERNATIVES
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IST2SIO9338/9
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STATUS QUO
EXPENSES
RESIDENTIAL COMMERCIAL OTHER
0 E m $1,255,349 $ 762,756 $
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DEBT RETIREMENT 47•,867 104,422
BAD DEBT 10,000 10,000
DEBT SERVICE 500477 1100437 I
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ADM. TRANSFER 215,311 116,629
DISPOSAL COST 156,104, 343,106 243,763
51,i?5,108 $10447,350 S 243,763
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{ GRAND TOTAL EXPENSE $3,426,221
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REVENUE
RESIDENTIAL $1,695,909
COMMERCIAL 1,375,304
DISPOSAL 243,763
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TOTAL REVENUE $3,3140976
SHORTAGE 1110245)
l i RATE INCREASE NEEDED
RESIDENTIAL + $.20 PER MONTH
1 DLMPSTER + $.06 PER YARD
kULL-Orr + $.40 PER YARD
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15T2W109346/8
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ASSUME ROLL-OFF ON JANUARY 1, 1990
ASSUME SIDE-LOAD ON MARCH 1, 1990
EXPENSES
RESIDENTIAL COMMERCIAL OTHER
0 d M $11255,349 $ 762,756 $
DEBT RETIREMENT 41,867 104,422
BAD DEBT 10,000 10,000
DEBT SERVICE 50,477 1100437
ADM. TRANSFER 215,311 1160629
DISPOSAL COST 156,104 343,106 243,763
j $11735,108 $10447,350 S 243,763
ASSUME ROLL-OFF 500114
ASSUME SIDE-LOAD 26,516
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$1,523,980
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GRAND TOTAL EXPENSE $3,502,851
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REVENUE
RESIDENTIAL $1,695,909
COMMERCIAL 1,375,304
DISPOSAL 243,763
-1 SUB-TOTAL REVENUE $3,314,976
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ASSUME ROLL-OFF 68,312
ASSUME SIDE-LOAD 116,415
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TOTAL REVENUE $304990703
SHORTAGE 0 3,148)
IS72WI09346/9
sY Lf MM.
TITLE: ASSUME ALL ROLL-OFF SERVICE EFFECTIVE JANUARY 1, 1990.
EXPEN[)ITURE DETAIL:
ACCOUNT M ACCOUNT TITLE REQUESTED
8041 OVERTIME $ 20000
8502 SPECIAL SERVICES
8507 MOTOR POOL LEASES 1,500
46,614
TOTAL REQUEST $50,114
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CHANGES EXPECTED IN PERFORMANCE MEASURES:
WORKER YEARS
CUBIC YARDS DISPOSED NO ONANGE
1 +13,31'2
I PROGRAM DESCRIPTION:
s
This
package is for assumption of all roll-off services. The Comrercial unit
can provide service with no additional staff or vehicles although sane overtlme
Is likely to be Incurred and a contractor may be necessary to help with the
Installation of the units. Lease payments are for three (3) years for
1-42 yard compactors, 4-30 yard self-contained compactors, I-20 yard
self-contained compactor and 13-30 yard open tops.
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ACCOUNT 0 ACCOUNT TITLE AMOUNT
6402 COMAC IAL FEES $68o312
ACCOUNT N CA 2RY
i YEAR 2 YEAR 3
PERSONAL SERVICES $ 115DO $ 1,500
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SERVICES 66,820 66,820
6402 CaVIERCIAL FEES 910084 910084
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1ST2SI09337/1
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TITLE: ASSUME ALL SIDE-LOAD REFUSE COLLECTION EFFECTIVE MARCH 1, 1990
EXPENDITURE DETAIL:
ACCOUNT iM ACCOUNT TITLE REQUESTED
8021 SERVICE/MAINTENANCE SALARY $100429
8061 FICA 783
8062 TMRS 602
8064 WORKMANS COMP 771
8065 INSURANCE 10616
n 8104 FUEL 10912
8108 UNIFORMS 150
8121 PROTECTIVE CLOTHING 30
8342 1EHICLE MAINTENANCE 2,761
8507 MOTOR POOL LEASES 25,258
9110 RADIO 1,500
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CHANGES EXPECTED IN PERFORMANCE MEASURES:
WORKER YEARS +0.5
CUBIC YAARS DISPOSED +9,493
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PROGRAM DESCRIPTION:
To assune all side-load refuse collection, an additional driver Is needed along
with a new side-load truck. Commercial revenue is expected to Increase by
$232,830 per year or $116,415 In the first six months. Implementation Is
assumed to be March 1, 1990.
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1ST2S109337/2
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ACCOUNT 0 ACCOUNT TITLE AMD"
6402 M44ERC►AI FFFS (1ST A "THS) $116,415
ACCOUNT 0 CATEGORY YEAR 2 YEAR 3
PERSONAL SERVICES S 23,431 $ 24,536
SUPPLIES 3,629 3,629
MAINTENANCE 10,000 15,000
SERVICES 50,516 50,516
` 6402 COWERCIAL FEES 232,830 232,830
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ISIVS109337/3
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ASSUME FRONT-LOAD OCTOBER It 1990
EXPENSES
ASSUME FRONT-LOAD $1090608
REVENUE
ASSUME FRONT-LOAD $3580722
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4 SURPLUS $2490114
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1ST2W109346/10
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TITLE: ASSUME ALL FRONT-LOAD REFUSE COLLECTION
EXPENDITURE DETAIL:
ACCOUNT k ACCOUNT TITLE RESTED
8021 SERVICE/MAINTENANCE SALARY S 20,858
8061 FICA 1,566
8062 TMRS 10204
/ 8064 WORKMANS COMP 1,542
8065 INSURANCE 30232
8104 FUEL 3,824
8108 UNIFORMS 300
j 8121 PROTECTIVE CLOTHING 60
8342 VEHICLE MAINTENANCE
50522
8507 MOTOR POOL LEASES 70,000
9110 RADIO
j _ 1,500
TOTAL REQUEST $109,508
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CHANGES EXPECTED IN PERFOF kWE MEASURES:
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WORKER YEARS +1
CUBIC YARDS DISPOSED +35,091
PROGRAM DESCRIPTION:
To assure all front-load refuse collection, an additional driver Is needed
along with a new truck, Camierclal revenue Is expected to increase by $358,722
per year or $179,361 In the first six months.
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1ST2S109337/4
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ACCOUM' N ACCOUNT TITLE AMOUNT
6402 COWEP,CIAt FEES ('15T 5 MONTHS) $175,361
ACCCl1NT M CATEGORY YEAR 2 YEAR 3
PERS"L SERVICES $ 23,431 $ 24,536
SUPPLIES 4,184 4,184
MAINTENMJCE I00000 15,000
t SERVICES 700000 70,000
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6402 CCMMERCIAL FEES 3580722 3580722
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1ST2510933115
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SELL COMMERCIAL
EXPENSES
RESIDENTIAL COMMERCIAL OTHER
0 S M $1,255,349 $ 0 $
DEBT RETIREMENT 0 0
BAD DEBT 10,000 0
-1 DEBT SERVICE 50,411 0
ADM. TRANSFER 215,311 0
DISPOSAL COST 156,104 0 649,595
$1,687,241 $ 0 5 649,595
GRAND TOTAL EXPENSE $2,336,836
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REVENUE
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CC"4EERCIAL 0
DISPOSAL 243,163
ADDITIONAL DISPOSAL LESS 20% 418,635
TOTAL REVENUE $2,358,301
SURPLUS $ 210471
Note; If Ccnmercial Is sold, the City would charge a franchise fee to the
service provider. The typical fee is 54 of gross revenues.
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Only $2320699 is available for debt service for a new disposal facility.
Debt service for a new facility Is anticipated to be approximately
$500,000 per year.
1ST2w109346/11
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SELL COMMERCIAL
DIRECT WASTE ELSEWHERE
EXPENSES
RESIDENTIAL C"ERCIAL OTHER
0 6 M $1,2551349 $ 0 $
DEBT RETIREMENT 0 0
SAD DEBT 100000 0
DEBT SERVICE 50,477 0
j ADM. TRANSFER 215,311 0
DISPOSAL COST 156,104 0 607,444
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$1,681,241 $ 0 $ 607,444
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GRANV TOTAL. EXPENSE $2,294,685
REVENUE
i RESIDENTIAL $11695,909
l COI44ERC IAL 0
DISPOSAL 96,305
TOTAL REVENUE $107920214
SHORTFALL 5010471)
$502,471_
1410503 yd3 5.55/yd
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RESIDENTIAL RATE INCREASE = +$2.79 per month
This course of action results In extending the life of the Landfill 10-12 years
from October 1989. Only $211,228 available for Debt Service after closure.
1ST2W109346/16
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2651L-313689#
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR '[HE
AWARD OF CONTRACTS FOR PU6L1C WORKS OR IMPROVEIIENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City tins solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION I. Tliat the following competitive bids for the
construe[-onof public works or improvements, as described in the
"Bid Invitations', "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids:
BID NUMBER CONTRACTOR AFIOUNT
E 1014 REDLEE, INC. -S--Z5402 i -an
1014 FItl1TE GLOVE S _424A.R0 A0-
1019 MODI.IN RECREATION EQUIPMENT S 11,833.01E
SECTION 11. That the acceptance and approval of the above
competitive Fffa shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
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to Bidders including, the timely execution of a written contract
and furnishing of performance and payment bonds, after notifi-
cation of the award of the bid.
SECTION 111. That the City Manager is hereby authorized to
execute a necessary written contracts for the performance of
the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards, quantities
and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
cou,611[ ve as and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in
the amount es specified in such approved bids and authorized
contracts executed pursuant thereto.
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1 SECTION V. That this ordinance shall become effective
imme7iate-'Iy upon its passage and approval.
PASSED AND APPROVED this the day of
1989.
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RAY sTEPHENS -RAVOR
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ATTEST:
JENAIF~"G?7~L'I`~;`~IfiY3`~~t :fiAAV I
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APPROVED AS TO LEGAL FORM:
DEBRA ADM I DRAYOVITCH, CITY ATTORNEY
BY:
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DATE: OCTOBER 17, 1989
CITY COUIICIL REPORT
TO: Mayon and MenJ)ers of the City CoUncil.
FROM: Lloyd V. Harrell, City tdanagcr
SUBJECT: BIog 1014 - JANITORIAL SERVICE
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RECOMMENDATION; We rcuoatinend this bid be awarded to the lowest
responsible bidder for each building a5 listed below:
j Building Award To Amount
Traffic Control Redlee, Inc. $ 11017.60
Civic Center White Glove 12,000.00
Senior Cent?r White Glove 5,400.00
Denia Recreation Center white Glove 12,000.00
13 000.00
North Lakes/Tennis White Glove
City Annex Redlee, Inc. 4,188.00
Service Center/Purchasing Redlee, Inc. 18,759.00
Fleet Operations Adm. Redlee, Inc. 1,059.20
TOTAL $67,423.80
SUMMARY: Thir, bid is for the annual contract for custodial
services at the sites listed above, The service includes all
labor, equipment and supplies except paper goods.
Varsity, Inc. has requested that they be allowed to withdraw their
bid and that it not be considered for bid awar3.
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BACKGROUND: Tabulation She:t, McITiO Dated 10/10/89, and Memo From
U~ng Department
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PROGRAMS DLPARTNIE14TS OR GRlUf'S AFFECT ED t Building sites listed,
Build ng Operations Department, City Staff, and Citizens of Denton,
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OCtober 17, 19A9
Page 2 of 2
FISCAL IMPACT- All buildings except Fleet Operations will be
funded from Building Operations budget funds. Fleet Operation S
will fund their service from enterprise account funds,
Respectfully submitted:
loyd Harrell
Prepared by, City Manager
e ohn J. Marshalil
tle Purchasing Agent
Approved:
I
?"\O T_. hwa
A sistant Purchasing
018,DOC
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CITY of DENTOH, TEXAS_PURCHASING DIVISION 901_8 TEXAS STREET_ l DENTCN, TEXAS 76201
ME1-10RANDUP4
TO: Lloyd V. Harrel3, City Manager
FROM: Tom D. Shaw, Assistant Purchasing Agent
DATE: October 10, 19E9
SUBJECT: BIDS} 1014 EVALUATIO14
BSeidnio#r101Ce4;,tiesr,forllethi
neaCuPastrkodial Service for the Civic Lakes
Center,
Recreation Center, North
Recreation Center/Goldsmith Tennis Center, City Annex,
1 Service Center, Traffic Control, and Fleet Operations.
Ti ese eight sites are currently beinrl serviced b
Inc. The existing Did Contract contained y Varsity,
exteisxon clause, but the City of Denton StafftdecidedmOnot
I k to extend the contract due to unsatisfactory service
c
Vaty had urrently beingqureceived from Varsity, and the .act that
price increase on the existing 54,000, Op per year
C
place at midyear with assurancethataservice wouldYeimprovve.
it did not. The poor service, failure to comply with
f Contract terms, and security carelessness arc ell
documented by City Staff, Mr. Bill Shaw, Area Manager wfor
` Varsity, Inc., indicated the poor
1 p performance was to the
bid rice too low to be profitable even after r the
renegotiation of the contract.
Mr. Shaw has been notified of cancellation of the existing
Contracts, He, through Varsity, Inc., has rebid the eight
buildings in question, Varsity is low on two of the
buildings, Denia and :forth Lakes Recreation: Cenrs.
Varsity's Bid is in the amount of $12,972,00, the nextenlow
is white Glove at a price of $25,000,00,
In an attempt to save the $12,020.00
representatives of the City Staff met wiMrdifEercnce,
MondaY, October 9, 1989, The intent of this meeting was to
confront Mr. Shaw and Varsity with our concerns over doors
left unlocked, missed buildings, lack of supervision, and
unsatisfactory performance. We wanted to hear his solutions
and to be assured that he and his Company could and would do
the job we expected, Mr. Shaw offered no valid reasons for
the unsatisfaCtor, levri of performance and no volutions.
8 1 71566 631 I
D/FW ME iR0 2670042
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A ti'.t
Lloyd V. Harrell
Bides 1019 Evaluation
October 10, 1989
Page 2 of 2
Mr. Shaw stated that it was 14, Company's policy to
renegotiate or stop service when a contract proved
uiprofitable, The City of Lewisville recently refused to
renegotiate due to unsatisfactory performance on the part
of Varsity, therefore, Varsity pulled out in mid year.
Varsity, Inc, is no longer on the approved vendor list for
'N' he City of Lewisville.
After a lengthy discussion and attempts to negotiate a
solution, it became apparent to both parties; that an
acceptable compromise was not possible. Mr. Shaer realized
he could not satiofactorily perfo an to our level of
acceptance for the amount of his bid and he has re3uest.d
that the bid for Varsity, Inc, be withdrawn.
Our recommendation is, that we allow Varsity, Inc, to
withdraw their bid based upon the poor past performance at
I the City of Denton, and their past track record of failing
to comply with contracts at both Denton and Lewisville.
TDS/cj
616,DOC.'
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CITY of DENT2, TEXAS Civic Center/ 321 E. MCKlnney/ Denton, TX 76201
M E M O R A N D U M
r a a a• a
TO: John Marshall, Purchasing Agent
Tom Shaw, Assistant Purchasing Agent
k PROM: Bruce Henington, Superintendent of Building Operations
DATE: September 21, 1989
SUBJECT: Janitorial Service Bid #1014
As you know, we are rebidding these buildings due to the unsatisfactory
service we are now receiving from Varsity, Inc. The involved departments and
staff do not wish to continue to do business with the Varsity contractors (see
attached memo).
It is my recommendation that we not consider Varsity and go with the lowest
bid or the next lowest bid. They are as follows:
I
Building
~ Award To Amount Bid
Traffic Control Redlee, Inc, = 1,017.60 Lowest bidder
civic center White Glove 12,000.00 Lowest bidder
Senior Center White Glove 5,400.00 Lowest bidder
Denia Recreation Center White Glove 12,000.00 2nd lowest bidder
North Lakes/Tennis White Glove 13,000.00 2nd lowest bidder
City Annex Redlee, Inc, 40188.00 Lowest bidder
Service Center/Purchasing Redlee, Inc. 18,759.00 Lowest bidder
*Vehicle Maintenance Bldg. Redlee, Inc. 1,059.20 Lowest bidder
Total $67,423.80
*NOTE: This building should be paid for out of the Vehicle Enterprise Fund
and not out of the General Fund, Contact Jack Jarvis for requisition.
~ race Hen[ngton
i
Copy to Betty McKean
Steve Brinkman
Dean Hartley
Lee Riggs
BLDGSO45
I i ¢ t/j~r~io~ra~ e19
4?14~~~tle4~al t~4z~~1 Ail ne4 Y KRDenton Parke and ReareatiOn Denton, Texas 500-ok70 4, i
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ONW69
CITY of DENTON. TEXAS Civic Conter/ 321 E. YcKfnnoy/ Donlon, TX 74201
A E 9 o R A N D O A
s • • • • a a s
TO: 9ruce Henington, Superintendent of Building operations ~
PROM: Alicia A. Mentell, Superintendent of Leisure Services
DATE: July 25, 1989
SUBJECT: Custodial Service
The Recreation Division has had continuously unacceptable custodial service at
the following facilities contracted by varsity Cleaners: North Lakes
Recreation Center, Denia Recreation Center, Goldfield Tennis Center, Denton
senior Center, and the Civic Center.
I
Specific concerns at each facility are as follows: y
14 Civic Center
A. :ontinual changeover in personnel.
3. .t is ;uestionaole :nit one itiff is tole to :Iean tie enti:e
j facility in one night per apecifteations. Also, the current
:ustodiin indicated t-j the bu►IA inq it tend ant staff that he ti
iIlowed onl! two nou:a :n the oui',ding and that :n the ii3his he
lac74ms the traCr lC tikes alm03t two hours.
:leaning is not :ons:stent. :here have oeen gaps in the service it
time3 when crash has not been emptied and paper produeta not
replaced in bathrooms.
3. The condition of the auditorium floor ii not arrays ip to
atindard. A recent example of this was the condition of the floor
following a rental on Saturday, July 3, the renter paid for a
special clean-ap. The floor had not been totally cleaned until
July 24. ife were told it was being cleaned in sections. An
antique show was in the facility on July 21-23. varsity was
contacted on July 21, and the custodian told Beth Stribling that he
had been dust mopping the floor daily but had not dust mopped on
July 20. The floor was in extremely poor condition for a rental.
I
4 rrA;Onal .°.hl. llealal *'V ava:d citttet '
Donton Porks •nd Rocreatlon Donlon, Texas (817) 688.8270 i
i
7
e. There is a problem of setting specifications toe the auditorium
floor cleaning. The spec iflcattons Indicate that the auditorium
floor is to be Taxed once a month on 9 ~0%dayl. tWhenVarsity ebonies
3arbara about this, Beth Stribling was
vs additional cleaning as needed and does not concentrate it on one
special day. Our concern is that the special fee assessed to each
rental is being used to pay for cleaning the auditorium floor and
that we are not getting the once a month clean-up/wax of the
auditorium as required In the specifications.
F. Carpet in Conference Room. Special cleaning of the carpet in the
conference area was inadequate. After Dreamland lipcess, we
contracted with Varsity to clean the carpet in the conference
area. It was not completely cleaned, and they have not returned to
complete the task (see aeso),
G. Chewing gum on auditorium floor. Although they do clean and wax
from time to time, they was on top of the gum.
B. Custodial staff not being supervised. On a Priday evening
following Starrise, John Safranek entered the building to find our
sound system in the center telling of the auditorium had been
lowered to the floor by the custodial staff. it was set at its
highest volume. Also, one custodian was is the sound booth on his
break.
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3 Ii. Denton Senior Center
A. The floor service is inadequate in the multipurpose room, The 7
multipurpose room's floor is scheduled to be cleaned and buffed
each Wednesday evening. In June and July, the floor was not
mopped/waxed for at least five weeks. They finally did it on July
{ I3. ~
j' 3. 7hece 0 no fill :leani-ig )n i weekly basis. The iistodial staff
F33 t: .>^e t3 the .er.ac between 113m and 2pm, Manday thcougn
?ccday. The 3nl! tiie r.ti :ne fast t.nat :his has been dependaola
was when Trudy was z.eining. 70ervise, the center was cleaned no
acre than three times s week. Also, on July 2{ (Monday), no one
showed up to :lean and no one called to axplain why. Marshall has
been more consistent since he started the second week of July:
however, he was out on July 21.
C, :united times at facility. The custodial staff (one) is generally
spending only two hours daily (when they show gyp). Recently,
Marshall was told to Jo the floor in the multipurpose room (July
21). Be did this task but ignored the kitchen. According to
Richard Brewster, he feels that this example indicates that the
Senior center staff have to tell him what to do because he either
needs training or is in the building foe such a short time that he
will not be able to Set everything done and is asking the staff to
set priorities.
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d. Floors (almost never mopped or [wept).
e. Sweeping and vacuuming (weight room and room A never get
racuumed).
f. Baseboards and corners.
5. windows (interior)
a. office windows.
b. weight room mirrors (spots have been left up to six
weeks).
6. miscellaneous
a. Air vents (never done).
b. Carpet spotting (weight room has had a spot on the carpet
for five months).
c. Gym walls not vacuumed.
d. Gym floor not clean.
e. Cleanliness of janitor closet.
items not being done that ate in direct violation of the contract
submitted to the Parks and Recreation Department can be found in a memo
to Paul Leslie dated July 17, 19890 concerning the cleaning of North
Lakes. The above items are additional things that are not being done by
Varsity cleaners. Items which were reported as missing to Peggy were
change from the supervisor's desk, Kurt was missing two pairs of shorts,
and occasional swarm' cokes from the janitorial closet.
~ i yy
After numerous discussions with Peggy, the center improved a little in I
March but soon declined. When Barbara came on, the center improved for
a week or two but has declined. The North Lakes public and staff expect
cleanliness and a pleasant odor.
B. Problem with securing the building. The custodial staff have left
doors open on two occasions (one resulted in loss of equipment).
f
1 Due to the inadequate and inconsistent cleaning provided by Varsity Cleaners,
we are recommending termination of their contract.
Alicia A. yentell !t„
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Attachments I
RECR0405
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Min fion
CITY of DENTON, TEXAS Clrfe Center/ 321 E. McKinney/ Denton, TX 76201
N a X 0 R A N 0 a K
r■.•• a• a a a
TO: Paul Leslie, Leisure Service Administrator
FROM: Kurt Lemley, Fitness Specialist, North Lakes Recreation Center
DATE: July 110 1989
SUBJECT: Cleaning of North Lakes Recreation;'Pitness Center
The Varsity Cleaning Service is not cleaning North Lakes in compliance with
the cleaning contract submitted to the City of Denton Parks and Recreation
Department, The following list contains items taken from the cleaning nly contract under ►.he heading of Cleaninge omany aretnotsbeing
I~ items I feel 'e not being pe
done.
1) Dust mopping the gym floors (weekly wet mop gym floor),
2) Removal of finger marks from doors, door jambs, and walls.
3) Cleaning of interior g'.ass and water fountains.
Emptying of all wastebaskets.
S) Sweep and xachine scrub floor3.
51 spot alesn spills and stains on carpets.
7acuum all tugs and aatpeted areas. eater closets, and
i
31 Scour, ~rasn, and ltain[ect all lavatot..s, s!:over3, ~
urinals. (This is not done at sll. The Showers can produce a health
hazard if not lone every day.)
9) Wash, iisinfict, and wipe dry moth sides of all toilet Seats.
10) Mash ane polish all sirrors, hardware, flush val•res, and piping.
Ill 'sash tile wall surfaces subject to splashing.
12) Secure all doors and turn off lights.
Item 012 was not done on July 10, 1989. On July 11 at 1:S6am, I came to work
to find the front door of the center open. I believe the cleaning service did
the same thi*g (leave the front door open) over the weekend of July 9, 19890
which resulted in North sakes being robbed.
j ,
f~ %~afioua: ;!'oltl ffe(A7I olmaid W ita~:ea - °zy
Denton Park s and Reeteaflon / Denfort, Texas / (81 ?)a 06-82 70 'All
•
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AM i:l AYIT
C .AV.Mi~
over the past few oonths, !forth Lakea has been found dirty after the Varsity
Cleaning has cleaned or they said they had cleaned. I have received a number
of complaints on the condition of the gym floor and especially on the
condition of the men's and woman's shovers and cestrooas. The restrooms must
be cleaned properly to prevent the causing or spreading of some type of staph
infection.
As owner of my own cleaning service if I cleaned a building in the manner in
which the Varsity Cleaning cleans North Lakes Recreation Center, I would have
been dismissed long ago. Please look into this matter; it should be of urgent
concern to the department.
Kurt A. Lemley
Copy to Bruce aenington
RZCR0394
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DATE: OCTOBER 17, 1984
CITY COUWCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 1019 - PLAYGROUND EQUIPIE11T FOR CIVIC CENPER
PARK
REC=XENDATION: We recommend this bid be awarded to the low bidder
meeting specifications, MQal in Recreation Equipment, for the total
I price of $11,833.00.
SUMMARY: This bid was :rent to six prospectivr_ manufacturing
distributors/rcpzcscntative:; and we zeceiv0d four bid proposals.
We are recorpending Noll in Recreation as the lowest bid, meeting
specifications. We bid two items and received two lower bids on
Item One, However, neithez' H-K or Jim Leo and Associates met the
specifications. Their support posts are of c;a]vanized and steel.
We specified reinforced aluminum. We also need to have the two
systems from the same manufacturer to be fully coTpatible,
BACKGROUND: Tabulation Sheet and Memo
PROGRAMS. DEPARTMFtnS OR GROUPS AFFECTED: Parks and Recreation
Department and The Patrons-if-The Civic Center Parls
FISCAL IMPACT: Bond Funds - There is no additional impact on the
General Fund
Respectfully submitted*
f
L1 LydHa rrel
City Manager
Prepared by: ,
ll
Marsha
N o:
yi1e: ng Agent
t/AAppproved:
N e: Aarshall
tier urchasing Agent
018,DOC
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C iaa ion
C1TY a' DENTON, TEXAS Civic Center/ 321 E. McKinney/ Denton, TX 76201
M E M O R A N D U M
v v v v v a a a a v
TO: John Marshall, Purchasing Agant
FROM: Bob Tickner, Superintendent of Parka
DATE: October 9, 1989
SUBiECT: Recommendation on Bid #1019 Playground Equipment
I have reviewed the bids received on aid 11019 Playground Equipment. I wish
to recommend the bid of Modlin Recreation Equipment as the lowest and best bid
meeting specifications for both items I and II.
Modlin's bid for Item I $ 9,853.00
4 Modlin's bid for Item II _ 11980.00
r
Total $110633.00
Thank you for your time and effort. Please advise if you need more
information,
Robert K. Tickner
PARKS090
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r Denton Parka end Recreation / Denton, Texas / f8f7J 668.8270
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CITY COUNCIL REPORT FORMAT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: 1985 Edition Uniform Mechanical Code
RECOMMENDATION:
Adopt proposed ordinance
SUMMARY:
Plumbing and Mechanical code board has thoroughly reviewed this
code and recommends adoption of proposed ordinance
BACKGROUND:
Plumbing and bechanical code board took a rather lengthy period
of time to review the 1985 UMC and will probably do the same
with the 1988 UMC.
l
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECIED:
Building In.oectic, Division
FISCAL IMPACT:
The current fee schedule was adopted in 1973. These fees would
{ increase as recommended in the 1985 Uniform Mechical Code that
was approved by the board (see attachments). These increases
in fees will supplement administration costs that have risen
since that time.
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2739L/83089
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 13 1/2
(MECHANICAL CODE) OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; ADOPTING THE 1985 UNIFORM MECHANICAL CODE WITH
CERTAIN AMENDMENTS, DELETIONS, AND ADDITIONS THERETO; PROVIDING
FOR A SEVERABILITY CLAUSE AND REPEALING CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Chapter 13 1/2 of the Code of Ordinances of
the My o enton, Texas, is hereby amended to read as follows:
E
CHAPTER 13 1/2
MECHANICAL CODE
ARTICLE I.
GENERAL
Sec. 13 1/2-1. Adopted.
The Uniform Mechanical Code, 1985 edition, together with
Appendix B thereto, is hereby adopted and designated as the
Mechanical Code of the City of Denton, the same as though said
volume of such code were copied at length herein, subject to the
codetandsapand pendixnshallsbenmaintained eby the City Secretary such
her office.
Sec. 13 1;1-2. Amendments.
The Uniform Mechanical Code, 1985 edition, is hereby amended
in the following respects:
(1) Amend Section 103 by deleting the last sentence.
(2) Amend Section 203 to read:
In order to determine the suitability of alternate
materials and methods of construction and to provide
for reasonable interpretations of this code, the
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2739L/83089
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 13 1/2
(MECHANICAL CODE) OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; ADOPTING THE 1985 UNIFORM MECHANICAL CODE WITH
CERTAIN AMENDMENTS, DELETIONS, AND ADDITIONS THERETO; PROVIDING
FOR A CLAUSE AND REPEALING CLAUSE; A
PENALTY SNOTR TO LEXCEED FIVE HUNDRED DOLLARS; PROVIDINGIFOP, AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Chapter 13 1/2 of the Code of Ordinances of
the City oT-Senton, Texas, is hereby amended to read as follows:
CHAPTER 13 1/2
MECHANICAL CODE
ARTICLE I.
GENERAL
Sec. 13 1/2-1. Adopted.
The Uniform Mechanical Code, 1985 edition, together with
~
Appendix B thereto, is hereby adopted and designated as the
Mechanical Code of the City of Denton, the same as though said
volume of such code were copied at length herein, subject tosthe
deletions and amendments enumerated hereafter. k copy of uch
code and appendix shall be maintained by the City Secretary in
her office.
Sec. 13 1/2-2. Amendments.
The Uniform Mechanical Code, 1985 edition, is hereby amended
in the following respects:
(1) Amend Section 103 by deleting the last sentence.
I
(2) Amend Section 203 to read:
In order to determine the suitability of alternate
materials and methods of construction and to provide
for reasonable interpretations of this code, the
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Plumbing and Mechanical Board, as established and
described in Article II of Chapter 13 1/2 of the
Code is created.
(3) Amend Section 301(6) by adding subsection 6 to read:
Only a building permit shall be required for each
new one and two-family dwelling not exceeding
4,599 square feet in floor area and for each new
multi family complex.
(4) Amend Section 303 by deleting the third paragraph.
(5) Delete Section 304(c) in its entirety.
(6) Delete Section 304(f) 3.
(7) Amend Section 305(f) to read:
Reins ections. A reinspection fee may be assessed
for eac, nspection or reinspection when such
portion of work for which inspection is called is
not complete or when required corrections have not
been made.
This provision is not to be interpreted as requiring
reinspection fees the first time a job is rejected
{ for failure to comply with the requirements of this
code, but as controlling the practice of calling for
inspections before the job is ready for inspection
or reinspection.
Reinspection fees may be assessed for failure to
-'J provide access on the date for which inspection is
requested or fo, deviating from plans requiring the
approval of the building official.
To obtain reinspection, the applicant shall pay the
1 reinspection fee in accordance with Table No. 3-A.
In instances where reinspection fees have been
assessed, no additional inspection of the work will
be performed until the required fees have been paid.
(B) Amend Section 306(b) to read:
Temporary Connections. The Building Official may
authorize temporary connection of the mechanical
equipment to the source of energy fuel for tha
purpose of testing the equipment or for temporary
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use for a period of time not to exceed 60 days
provided such energy fuel system meets requirements
of the Plumbing or Electrical Code, whichever is
applicable, regarding safety.
(9) Amend Section on Other Inspections and Fees in Table
3-A as follows:
Other Inspections and Fees
1. Inspections outside of normal business
hours $40.00 per trip
2. Reinspection fees assessed under provisions of
• Section 305 (f)....$20.00 per trip
3. Inspections for which no fee is specifically
indicated $20.00 per trip
4. Additional plan review required by changes,
additions or revisions to approved plans,...
$20.00
(10) Amend the second sentence of Section 503(x) to read:
Appliances shall not be converted from the fuel
I specified on the rating plate for use with a
different fuel unless the converted appliance is
properly relabeled and the conversion is made as
recommended by the manufacturer of the original
1 equipment or the conversion equipment.
(11) Amend the first sentence of Section 504(f) to read:
Liquified petroleum gas-burning appliances shall
not be installed in a pit, basement or similar
location where heavier-than-air gas might collect.
(12) Amend the second and third paragraphs of Section
508 to read as follows:
Heating and cooling equipment which generates a
glow or spark or flame capable of igniting flammable
vapors may be located in garages provided that:
(a) the pilots and burners or heating elements and
switches of such equipment ara located at least
eighteen (18) inches above the floor level; and
(b) such heating or cooling equippment is located in
an approved compartment havir.g a tight-fitting
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door assembly adequately sealed to retard the
entrance of flammable vapors.
All combustion air for such installations shall be
supplied from outside the building or from a
properly ventilated attic space.
(13) Delete Section 509,
~-1 (14) Amend Section 602(c) to read:
Screenin . Combustion air openings shall be covered
W IM corrosion-resistant screen of one-fourth (1/4)
inch mesh.
(15) Amend Section 604(c) to read:
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Ducts conveying air from an attic space shall extend
at least two (2) inches above insulation or other
obstructions. The attic space shall be ventilated
by fresh air openings or louvers on a vertical wall
or at two (2) different levels or elevations.
1
(16) Add Section 608 to read:
Forced Draft or Indirect Draft _Appliances. Forced
ra t or n rect draft ue urn appliances
shall not be located in the same area or room as
gravity draft appliances and their sources of
combustion air shall be isolated from each other.
(17) Add Section 609 to read:
Combustible Air Requirements. The requirements for
com uat on air are set ort in Table No. 6-A.
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TABLE NO. 6-A
COMBUSTION AIR REQUIREMENTS FOR GAS FUEL FIRED APPLIANCES
CONDITION NO. 1 CONDITION NO. 2
(Confined Space) (Unconfined Space)
Two (2) openings required one (1) 50 Cu. Ft. of space volume
high and one (1) low each having per each 1,000 B.T.U.H appli
one (1) sq. in. of free area com- ance input rating. If the
municating with a source of outdoor appliance is enclosed in a
air for each 4,000 B.TU.H. appli- compartment, permanent high
ance rating with a minimum of and low openings with a
50 sq. in. per opening one (1) minimum of 50 sq. in. per l
dimension of which shall be at opening shall be reqquired;
least three (3) inches. one (1) dimension of which
shall be at least three (3)
inches.
NOTES:
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1. If solid or liquid fuel is used, the required area of
combustion air opening shall be 1 1/2 times that
required for gas burning appliance:.
2. Definitions:
(a) Ordinary Construction Tightness -
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Construction where outside air infiltration rate,
may qualify the appliance to be installed under
the provisions of Condition No. 1 or Condition
No. 2. Frame construction where vapor barriers
are not used and where construction joints and
cracks are not sealed and windows are single
~-1 pane, double hung, movable, etc.
(b) Tight Construction -
Cocstruction where outsidr air infiltration rates
are insufficient to support proper combustion and
Condition No. 1 must be used such as where vapor
barriers are used and where construction joints
and cracks are sealed and where windows are tight
fitting, double pane or fixed glass, etc.
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this code.
4. Other conditions for providing combustion air
be used as
not provided in provided Chpter 6 i of table this Code.
(18) Amend the third paragraph of Section 700 to read:
An attic or furred space in which a -.,arm air
furnace is installed shall be accessible by an
opening acd passageway as large as the largest
piece -if the furnace but in no case less than
22 inches by 30 inches continuous from tbs opening
to tae furnace and its controls.
(19) Delete the last sentence of Section 708.
(20) Delete subsections (b) through (h) of Section 710.
(21) Amend Section 901 to read.
Every appliance designed to be vented shall be
connected to a venting system as specified in
Section 2
provisions ofn this chapter, except casp provided tin
this section.
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Venting systems shall consist of approved chimneys,
Type B vents, Type BW vents, Type L vents, plastic
pipe recommended by the manufacturer of listed
condensing appliances for use with specified
models, or a venting assembly which is an integral
part of a listed appliance.
Venting systems shall be so designed and constructed
as to develop a positive flow adequate to convey
all cumbustion products to the outside atmosphere.
Venting systems may be designed in accordance ovith
accepted engineering methods.
A venting system which is an integral part of the
vented appliance and plastic pipe recommended by
the manufacturer in installation instructions as
suitable for cze with listed condensing appliance
shell be installed in accordance with the applimes
listing iicmanufacturer's ntinstallation instructions
and app q a of this Code.
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Gas venting systems serving appliances equipped
with draft hoods and appliances listed for use with
Type B vents may be designees in accordance with
tables in Appendix C, Chapter 9.
(22) Amend Section 910 to read:
An exi;.ting venting system shall not be connected
to a new appliance unless the venting system com-
pliee with the requirements of the Code in effect
at the time the new appliance is to be connected.
(23) Amend the first sentence of Section 913 (b) 4 to M
read: 4
Automatically controlled gas appliances connected
to a chimney which also serves equipment burning
liquid fuel shall be equipped with an automatic
nonstanding pilot.
(24) Amend the first sentence of Section 1002(a) to read:
Circulating-air and conditioned-air supply for
heating, cooling or evaporative cooling system
shall be conducted through duct systems constructed
of metal as set forth in Table Nos. 10-A, 10-B and
10-C; metal ducts complying with U.M.C. Standard
No. 10-2 with prior approval; or factory-made air
ducts complying with U.M.C. Standard No. 10-1, PVC,
4BS and fiberglass.
(25) Amend the first sentence of Section 1202(b) to re-id:
An unobstructed access sppace not less than 22 inches
in width and 30 inches in height shall be provided
to filters, fuel control valves and air-handling
units. Refrigerant and brine pipi,ig control valves
shall be accessible.
~--1 (26) Delete Section 1203.
(27) Amend Section 1205 to read:
When a cooling coil or cooling unit io located
above the first story where damage may result from E
condensate overflow, an additional water-tight pan
of corrosion resistant metal shall be installed
beneath the cooling coil or unit to catch the over-
flow condensate due to a clogged pr$.mary condensate
drain, or one pan with a standing overflow and a
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separate secondary drain may be provided in lieu of
the secondary drain pan. The additional pan or the
standing overflow shall be provided with a drain
pipe, minimum 3/4 inch nominal pipe size, discharg-
ing at a point which can be readily observed, This
requirement is in addition to the requirements for
I condensate drainage piping set forth in Section 510
of this code.
In the event thct an auxiliary drain or secondary
drain pan cannot be provided, an electric float
switch mounted in the primary pan to sense the
water level may be used and low voltage wiring to
turn off the cooling system shall be provided,
(28) Add a second paragraph to Section 2003 (a) to read:
The above requirements shall not apply to domestic
type cooking equipment located in day-care facil-
ities, churches, employee lunch rooms or similar
uses which are no more hazardous than kitchen
facilities in an individual dwelling unit,
Section 13 1/2-3 - Section 13 1/2-9. Reserved.
ARTICLE II.
PLUMBING 6< MECHANICAL CODE BOARD
Section 13 1/2-10. Creation.
There is hereby created a plumbing and mechanical code board
consisting of seven (7) members, each to be appointed by the City
Council for a term of two (2) years, and to serve at the pleasure
of said Council. Initially, however, three (3) members shall be
appointed for a term of one year and four (4) members shall be
appointed for two (2) year terms,
To the extent that persons are available within this City,
the said board shall consist of two (2) licensed master plumbers,
two (2) mechanical contractors, two (2) mechanical engineers, and
one layman, who shall all reside within the City, 'the initial
terms for the members shall be staggered whereby one master
plumber, one mechanical engineer, and one mechanical contractor
shall have terms expiring on the odd number years, avid one master
plumber, one mechanical engineer, one mechanical contractor, and
the layman shall have terms expiring on the even number years.
No appointed member shall serve more than three (3) consecutive
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terms. The City Council iay appoint ex officio members to this
board to have a voice in all matters before it, but who shall
have no vote,
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Section 13 1/2-11. Procedure in removal of members from
office.
The City Council may remove any member of the plumbing and
mechanical code board during the term for which he was appointed
_ if cause be found. The action of the City Council in such
matters shall be final.
Section 13 1/2-12. Chairman; po,+ers and duties generally.
It shall be t;e duty of the plumbing and mechanical code
board to meet as soon after their appointment as is practicable
and organized by selecting one of their members as chairman and
another as secretary Regular meetings of the board thereafter
shall be scheduled on a monthly basis, except that meetings may
be cancelled when there is no business to come before the board.
Special meetings may be called at any time by the chairman, or by
the secretary. The secretary shall keep a complete record and
minutes of the actions of the board to be filed with the City
Secretary.
Four (G) members of the board shall constitute a quorum for
the transaction of business.
It shall be the duty of the board to make an annual review of
the provisions of this chapter, and to recommend any necessary
changes and/or improvements to the City Council. This review
shall include consideration of suggestions from plumbing and
mechanical contractors and the public at large, which may be
obtained by means of open hearings as well at through the regular
channels.
It shall also be the duty of the board to hear any written
complaints made by any plumbing or mechanical contractor,
citizen, or otherwise, that may have a bearing upon the efficient
enforcement of the mechanical code, and tho board shall take such
action thereon as may be deemed to and within its authority•
provide that the same shall not be Inconsistent with any laws of
the state, of this chapter, or other ordinances of the City.
Section 13 1/2-13. Appeal to Plumbing and Mechanical Code
Board.
(a) Any person, firm, company, or cor oration aggrieved by
any decision of the mechanical inspector under this
chapter may appeal such decision or order to the plumbing
and mechanical code board as set out herein.
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(b) The powers of the board are hereby extended so as to
authorize the board to make reasonable interpretations or
rulingr in matters properly before it as to the plumbing
and mechanical code board as set out herein.
(c) Every appeal must be filed in writing within ten (10)
days from the date of the decision or order appealed {rom
and shall be filed in duplicate with the building
official. Such notice shall contain appropriate reference
to the decision or order appealed from as well as the
~ grounds of the appeal. It shall be the duty of the
building official to notify the chairperson of the
plumbing and mechanical code board and the mechanical
inspector.
(d) The amount of the fee for appeals shall be $50.00.
(e) The building official shall transmit to the board all
relevant records and data upon which the appeal was taken.
(f) An appeal shall stay all proceedings in connection with
the decision or order appealed from unless and until the
mechanical inapector shall have certified to the board,
after notice of appeal has been filed, that a stay would
cause hazard to life or property. In such case, pro-
ceedings pursuant to the decision or order of the
mechanical inspector shall not be stayed except by order
of the board or by a restraining orc;er issued by a court
of competent ,jurisdiction.
(g) The board shall fix a reasonable time for the hearing of
an appeal, giving notice in writing to the parties in
interest and shall reach its decision within three (3)
days from the close of the hearing. Appellant may appear
before the board in person, by agent, or by attorney and
may present material witnesses. The board may require
additional data and tests necessary for adequate decision
of the appeal, and continue the hearing therefor.
_ (h) The plumbing and mechanical code board shall have the
/ power in all cases appenled to it from decision or orders
of the mechanical inspector to reverse or affirm
or modify in whole or in part, the decision or order
appealed Irom. No decision of OR board shall very or be
inconsistent with the terms or provision of this chapter.
(i) The mechanical inspector as designated by the City
Manager shall enforce and execute all decisions and
orders of the plumbing and mechanical code board
regarding the mechanical code.
PACE 10
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(j) The plumbing and mechanical code board shall have the
power to approve alternate and new materials, methods,
devices, etc. in accordance with the applicable
provisions of tks chapter.
SECTION II. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a miseemeanor punishable by a fine
1'7 not exceeding Five Hundred Dollars ($500.00), Each such person
shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this
ordinance is committed, or continued, and upon conviction of any
such violations such person shall be punished within the limits
above.
SECTION III. That this ordinance shall become effective
fourteenkL4) aays from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
PASSED AND APPROVED this the day of 1989.
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RAY STEPHE'-
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ATTEST:
JENRIFER WALTER , CI SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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BY: hAal
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CITY of DENTON, TEXAS MUMCWALBUILOiNG / O£NTON, TEXA516701 TELEPHONE (817) 566-8200
September 14, 1989
I have reviewed the proposed ordinance and amendments to the
198S Unifor Mechanical Code and 1 recommend that the City
Council adopt, ( ) not adopt the a proposed ordinance,
U
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8natkkure
Memberoofeplumbfng and,Mechanical Code Board
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Comments;
OCT 31999
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CITYofDENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 TELEPHONE (817) $66-8200
September 14, 1989
1 have reviewed the proposed ordinance and amendments to the
1985 Uolfurm Mechanlcdl lode and 1 recommend that the City
Council ( 1 adopt, I 1 not adopt the proposed ordinance.
li I ( gnature
Member oflPlumbing and,Mechanical Code Board
II
Comments:
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If 5EP 2 6 M
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CITY of DENTON, TEXAS MUNICIPAL BUILDING % DENTON, TEXAS 76201 i TELEPhONE (8171506.8240
September 14, 1989
r~ 1 have reviewed the proposed ordinance and amendments to the
1985 Unifor{p Mechanical Code and I recommend that the City
Council Its) adopt, I 1 not adopt the proposed ordinance.
rE1. ' -
Pete Work fJ
Member of Plumbing and, Mechanical Code Board Sip 221969
Comments:
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CITYofDENTON, TEXAS MUNICIPAL 8U! SING / DIN TON, TEXAS 76201 / TELEPHONE (817) 566.8200
September 14, 1989
I have reviewed the proposed ordinance and amendments to the
1985 Unifor~m Mechanica! Code and 1 recommend that the City
Council adopt, ( ) not adopt the proposed ordinance,
Signature
Joseph S. Mulroy
E Member of Plumbing and, Mechanical Code Board
Comments:
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SEP 2 7 1989
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CITY of DENroN, TEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76101 i TELEPHONE (817) 566.8200
September 14, 1989
I have reviewed the proposed ordinance and amendments to the
1985 Uni or Mechanical Code and 1 recommend that the City
Council adopt, J not adopt the proposed ordinance.
I-rr ur
Je frey J, eploe
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~ Member of Plumbing and Mechanical Code Board
1 Comments:
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/41
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cirvorasNTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76101 TELEPHONE (817) 566-1200
September 14, 1989
I have reviewed the proposed ordinance and amendments to the
1985 Uniform Mechanical Code and 1 recommend that the City
Council S Li' adopt, (__Js adopt the proposed ordinance.
/
4
Snature
Robert D. Sullivan
Member of Plumbing and,Mechanical Code Board
Comments:
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[S ly 1~1'1 (J
SEP 25FO
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CITY ofDENTON, TEXAS MUNICIPAL BUILDING % DENTON, TEXAS 76201 TELEPFONE(817) 566.8200
September 14, 1989
I have revlewe4~-the proposed ordinance and amendments to the
1985 Unifpr !chanlcal Code and I recommend that the City
Council [ 'opt, ( 1 not adopt the proposed ordinance,
signature
Richard Cooper
Member of Plumbing and Mechanical Code Board
Comments: J
f SEP 2 91989
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CITY COUNCIL REPORT FORXAT
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Cordell Street
RECOMMENDATION:
No Parking on Cordell Street
,
SUMMARY:
No parking be implemented from 7 a.m. - 4 p.m. as best
determined by the Engineering/Traffic Division and the
neighborhood.
BACKGROUND:
Residents of Cordell Street requested an ordinance for no
parking on both sides of Cordell between Crescent Street and
Fulton Street. They say that currently vehicles park on both
f sides of the street making two-way traffic almost impossible.
1 PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
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Citizens living and traveling Cordell street
FISCAL IMPACT:
{ Safety and site distance improvement
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CTS5C ,MFMO !
August 1, 1989
page 4
con der extending the 40 mph sect/Robert ck
Park. This was done on the Octobemeet in Because of observed subsdestrian
activity, especially school childrMcKinney the Mack park area to ert E.
ee Element y School, a subsequenaction
(June 13, 9 Counc
il meeting) hnded that
the TraEf[c a ty Commission cons ing the
speed on the 40 h section to 35 Staff is recommend !bat the 0 mph section on
McKinney Street (fro Jannia reet to Mack Drive) be
reduced to 3S mph. Th new eedtoning will read as
follows:
(a) Beginning at the int ction of US 77 northbound
(Locust Street) th ce tinuing in an easterly
direction along F 426 fo a distance of 1.000
mile, approximat y, a maxi m speed of 30 miles
per hour;
(b) Thence cortti in along FM 426 an easterly
direction r a mistance of SIS Iles,
approxima ly, a maximum speed of miles per
hour;
(c) Thenc continuing along FM 426 in an a terly
dire ion for a distance of 1,305 miles
hP roximately, a maximum speed of 4S mile or
(d hence continuing along FM 426 in an easterly
direction for a distance of 1.8g331 miles,
cityollmits,ya maxim mispeedloE SS miles per hour.
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Staff recommends approval.
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Residents of Cordell Street are requesting ordinance
for no parking on both sides of Cordell between
Crescent Street and Fulton Street, They say that
currently vehicles park on both sides of the street
making two-way traffic almost impossible, Because
there Is no sidewalk, pedestriAns and bicyclists, who
are mostly school children, also crowd into the
street competing for right-of-way with two-way
vehicular traffic, The U.S. Postal Services people
also have problems delivering mall. For all the
above reasons, these Cordell Street residents are
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CTSSC MEMO
August i, 1989
page 5
requesting a "No Parking" on both sides of Cordell
Street between Crescent and Fulton from 7 a.m. to
4 p.m. during school days.
Staff feels that removing parking on both sides of
this section of Cordell will create a speeding
problem. Currently, the other section of Cordell
Street from Fulton half way to Alice is "No Parking"
only on one side and staff has not received any
complaints from area citizens. Staff strongly feels
that the petitioners should decide which side of
Cordell Street is to be designated "No Parking." No
parking on both sides of a residential street works
well when the width of the street is less than 30
feet.
Staff does not have any recommendation and would
su port whatever decision the commission makes on
th s issue,
19 GENERAL BUSINESS:
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Downtown Traffic Study
ffic Engineering Consul ts, an Oklahoma
Ci ased traffic en i ring firm, has
comple a traffic culatlon and improvement
study for a dow n area. The study area
encompasses 11 Avenue, Locust Street and
Elm Street c s. A copy of the study Is
enclosed f review d ,:omments. Questions and
recomme tions will b ddressed at the meeting.
b. Au 1 Loop 288 intersectio dification
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The Intersection c by o moving Audra Lane and
west leg lout 268 d will
be modified
align with the east leg. This would move the
intersection further away from the U.S. 380
Intersection. The plan will be available at the
meeting.
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CTSSC MINUTES
August 7. 1989
page 13
St !s recommending Chat the 40 mph section on lnney Street
(from n1a Street to Mack Drivel be reduced t mph. The new
speedzont ill read as followsi
(a) Beginning the intersection Of 77 northbound (Locust
street) thenc ontinuing in a asterly direction along IN
426 for a dicta of 1.000 le, approximately, a maximum
speed of 30 miles Pe our;
W Thence continuing aloe 26 in an easterly direction for a
distance of .515 m! , appr mately, a maximum speed of 35
miles per hours
(c) Thence Conti ng along IN 426 in an steely direction for a
distance 1,305 miles, approximately, maximum speed of 45
miles hours
(d1 T ce continuing along IN 426 in an easterly action for a
stance of 2.331 miles, approximatelyr said po being at
F Denton east city limits, a maximum speed of 55 miles hour.
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STAFF MMENDED1 Approval
CO SSIONINSt Marilyn Smith made a motion to accept s~affs recommandati
David Graham seconded the motion. Notion passed unanimously.
1131L R[40S FOR 0 2"9102 ON C=MJLA1NLW-'
Paul Iwuchukvu presented the request. He said residents of Cordell
Street see requesting ordinance for no parking on both aides of
Cordell between Crescent Street and Fulton Street. They say that
currently vehicles park on both sides of the street making two-way
traffic almost impossible. B*CaUae there is no sidewalk,
pedestrians and bicyclists who are mostly school children also crowd
into the street competing for right-of-way with two-way vehicular
traffic. The UeS. Postal Services people also have problems
delivering mail* roe all the shove reasons, these Cordell Street
residents are requesting a 'NO Parking' on both sides of Cordell
Street between crescent and Fulton from 7 a.me to 4 p.m. during
school days,
Staff feels that removing parking on both sides of this section of
Cordell will create a speeding problem. Currently$ the other
section of Cordell Street from Fulton half way to Alice is 'No
Parking' only on one side and staff has not received any complaints
from area citizens. Staff atrongly feels that the petitioners
should decide which side of Cordell Street is to be designated 'No
Parking.' No parking on both sides of a residential atreat works
well when the width of the street is less than 30 Lest.
Ray Irwin came forward to address the comet! alone He said they are
concerned for the safety of their children. on tho other and of
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CTSSC MINUTES
August It 1989
page 11
Cordell on Malone OtcOeto there
So grade school children walk Is getreetcevery day Approximately t school
starts and lets out about the same time as the grade school. The
out traffic
of parked extreme* vehicleskl There children is have
sidewalks yono the dAft in and Therefore, he requested no parking for the safety of the children.
Ivuchukwu said when a street is more than 30' wide it is more
affective to have no parking on one side of the street. It will
eliminate pedestrian conflict and for the most pert prevent people
` from over speeding.
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Laforte asked it a bicycle/pedestrian lens could be marked oft on
the the north side of Cordell street to encourage the children to
use it. Ivuchukvu said this would be better than no parking. It
would designate that lane as a specific use.
Ray Ervin did not think the neighborhood would want a bike lane.
Gohlke asked if it would be dangerous to have a bike lane in a
residential area where there is several entrances to homes.
Clark pointed out that the *no parking' requested was for a
designated time - 7 a.m./4 p.m, where a bike lane would be there 24
hours.
Oohlke said there are two churches on the first block of Cordell the
First Christian Church and Unitarian Church then past the creek is a
highly residential area. He cannot ass no parking on the first
block of Cordell because of the churches.
I Pay Ervin said there is already no parking on the lirat block of
j Cordell on the south aide up to the creek.
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Graham said he was concerned with posting no parking on Cordell
because the high school staff and students are already limited to
the amount of parking available. Graham believes by posting no
parking on this street it will only cause the problem to move to
another street.
Gore said no parking should be consistent on one aide of the street
instead of flip-flopping it,
STAFF RECOMMENDEDS none
COMMISStONERSi Oraham made a motion that no parking from 7 s.m. - / p.mo be
implemented on one side or the other on Cordell between Fulton
and Crescent as best determined by the Engineering/Tralllo
Division and the neighborhood. Gore seconded the motion.
l Motion passed unanimously,
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2813L
NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE
PARKING OF VEHICLES ON THE SOUTH SIDE OF CORDELL STREET BETWEEN
CRESCENT AND FULTON STREETS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND
DECLARING AN EFFECTIVE DATE,
I
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. When signs are erected giving notice thereof, no
person shall park a vehicle from 8:00 a.m. to 4:00 p.m. Monday
through Friday upon the following street or portion thereof, in
the City of Denton, to-wit:
The south side of Cordell Street between Crescent and
Fulton Streets.
SECTION II. That if any section, subsection, paragraph,
i sentence, clause, phrase or word in this ordinance, or applica-
tion thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance
and the City Council of the City of Denton, Texas, hereby
declares it would have enacted such remaining portions despite
any such invalidity.
SECTION 111, Any person who shall violate a provision of
this or-`dinance; or fails to comply therewith or with any of the '
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a
fine not exceeding Two Hundred Dollars ($200,00). Each such
person shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of this
ordinance is committed, or continued, and upon conviction of any
such violations such person shall be punished within the limits
above.
SECTION 1V. That this ordinance shall become effective
fourteen days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
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' '4R.1Y PASSED AND APPROVED this the day of 1989.
EP E , _RKM~
ATTEST:
JENNIFER WALTEU, fiy-90TTM
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
I BY:
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CITY of DE'NTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 565.8200
MEMORANDUM
4 DATE: October 10, 1989
TO: Rick Svehla, Deputy City Manager
FROM: Jerry Clark, City Engineer
SUBJECT: Woodrow Speed Ordinance
j A reasonable time period has elapsed since Woodrow was opened
south of McKinney to Spencer as a four lane road. The 85th
percentile was 46 mph in a.m. and 48 mph in the p.m. based on
our radar studies, Line of site issues such as at Morse limit
our ability to allow speeds that high. Our recommendation of
t 40 mph provides speed without the danger of serious accidents
that 4S - 50 mph would bring.
Please consider at the October 17, 1989 City Council meeting,
or advise to further direction on this issue.
e y ar
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CTSSC MEMO
September 8, 1989
page 4
ITEM 17 APPROVAL FOR THE AURA LANE AT LOOP 288 IMPROVEMENT
PLAN;
The Audra Lane and Loop 288 interseCtion improvement
plan was presented in the last meeting but no
recommendation was made. The modification plan calls
for two alternatives.
Alternative' 41 calls for the installation of a median
along Loop 288 from the intersection of the east
section of Audra to the west section of Audra. This
would prevent left turns from both Loop 288 and Audra
Lane at these two intersections.
Alternative 02 calls for aligning the two sections of
Audra by moving the west section southward to align
with the east section to form a regular four-leg
intersection.
Alternative 11 will completoly eliminate the existing
safety hazards but will create problems of
Inconvenience due to prohibition of left turns.
People may have to drive a considerably significant
additional distance to get back to their intended
direction of travel.
Alternative 12 retains most of the existing safety
hazards. It only provides additional reaction time
to drivers on Loop 288 approaching the intersection.
One of the deciding factors in this issue will be the
possibility of the City acquiring right-of-way
easement for realignment. The City is already
working with the land owner at the southwest corner
of Audra and Loop 288 toward this end. A final
agreement has not been worked out. If this
arrangement fails, the City has to resort to either
condemnation proceedings or adoption of alternative
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Staff feels this is a community oriented issue and
would support whatever decision the commission makes.
ITEM 18 ORDINANCE FOR SPEED ZONING OF WOODROW LANE FROM
A speed zone study has been conducted by staff on
Woodrow Lone between McKinney Street and Spencer
Street. An 85 percentilt speed of 46 miles pet hour
was measured for both northbound and southbound
traffic in the morning. In the afternoon it was 48
miles per hour. The top speed in the morning was Se
miles per hour and the low speed was 30 miles per
hour. The top speed in the afternoon was 62 miles
per hour and the low speed was 36 miles per hour.
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111 CTS.SC MEMU
September 81 1989
page S
! There are several factors to be considered in setting
the speed limits on this street. The general area is
toned industrial. Must of the area is yet to be
developed and upon full development, much more
traffic is anticipated. The street is a truck route
and it ties directly to two major arterials -
McKinney Street and Loop 288. A good many Denton
residents use this street to get to the mall.
Due to the above reasons, staff is recommending a
maximum speed of 40 miles pet hour for this section
of Woodrow Lane. Thus %oodrow Lane is zoned as
follows:
Beginning at McKinney Street south right-of-way
line thence continuing along Woodrow Lane in a
southerly direction for a distance of 1.024
miles, approximately, to a point 100 ft north of
Spencer Street, a maximum speed of 40 miles per
hour.
Staff recommends approval.
i ITEM #9 GENERAL BUSINESS:
a) Letter from the UNT Area Merchants Association
The UNT Area Merchants Association has expressed
4 their appreciation to the Commission for
responding to their request in a timely manner.
The other issues (requests) In the letter have
been resolved with the help of the highly
commendable and cooperative efforts of Mr. John
Marshall, the City's purchasing agent. Mr.
Marshall and staff have worked with the
association and the parking meter contractors to
see that the parking problems in the area is
resolved.
07SSE
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September l~, pp1LNUrr S
1989
page 7
Smith said Audra is so close to the base of the
overpass.
Laforte said if Audra is lined up with the cast side
that easements would have to be obtained from
property already platted. Iwuchukwu said the
right-of-way agent is working on the casements now
which is close to completion.
Ltwin said with the development on the west side of
Loop 288 eventually Audra will have to be lined up
and signalization may occur.
Smith said signallzation of Audra will be a major
problem because traffic is coming off the overpass at
a greater rate of speed.
Chadwick asked what the State Departments position
was on doing the alignment. Iwuchukwu said the State
originally thought of Loop 288 as a controlled access
freeway. That priority has degenerated into
something other than that because of the number of
curb cuts on Loop 288.
Iwuchskwu said if a four leg intersection approach is
taken at Audra, as soon as it warrants signalization,
4 the State may have to accept the consequences of
f signalization.
5'1'AE'L' KECOM'1LNUGU: feels this is a issue and would support community decision
the commission makes.
COMMISSIONERS: Doug Chadwick made a motion to approve
Alternative 02. David Graham seconded the
motion. Motion passed unanimously with
six voting in favor, chairman obstaining,
and Smith voting no.
ITEM 08 ORDINANCE FOR SNELD ZUNING OF W'OODROW LANK FROM
L K U 5,N
NIKINNEY S.
Iwuchukwu presented the request. lie said a speed
zone study has been conducted by staff on Woodrow
Lane between McKinney Street and Spencer Street. An
85 percentile speed of 46 miles per hour was measured
for both northbound and southbound traffic in the
morning. In the afternoon It was 48 miles per hour.
The top speed in the morning was 58 miles per hour
and the low speed was 30 miles per hour. 'the top
speed in the afternoon was 62 miles per hour and the
low speed was 36 miles per hour.
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CTSSC MINUTES
September 81 1989
page t
There are several factors to be considered in setting
the speed limits on this street. The general area is
zoned industrial. Most of the area is yet to be
developed and upon full development, much more
traffic is anticipated. The street is a truck route
and it ties directly to two major arterials -
McNinney Street and Loop 288. A good many Denton
residents use this street to get to the mall.
i
Due to the above reasons, staff is recommending a
maximum speed of 4U miles per hour for this section
of Woodrow Lane. Thus Woodrow Lane is zoned as
1 follows:
Beginning at McKinney Street south right-of-way
Iine thence continuing along Woodrow Lane in a
southerly direction for a distance of 1.024
miles, approximately, to a point 100 ft north of
Spencer Street, a maximum speed of 40 miles per
hour.
STAFF RLCOMMENULD: Approval
COMMISSIONLRS: Alice Gore made a motion to accept staff
recommendation. Marilyn Smith seconded
the motion. Motion passed unanimously.
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Meeting adjourned at 6;40 p.m.
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2614L
NO.
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES ON WOODROW
LANE FROM MCKINNEY STREET TO A POINT 100 FEET NORTH OF SPENCER
ROAD; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED
DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That based upon an engineering and traffic in-
vest gaCron Tieretofore made as authorized by the provisions of
Tex. Rev. Civ. Stat. Ann., art. 6701d, section 169 (Vernon 1977),
the following speed limits are hereby determined and declared to
be prima facie the maximum reasonable and safe speeds for east
and west bound traffic on Woodrow Lane, and such speed limits are
hereby fixed for vehicles traveling upon the following portions
of Woodrow Lane, and parts thereof:
Location Extent Speed Limit
A. On Woodrow Lane From the south right-of-way 40 MPH
line at its intersection with
McKinney Street to a point
100 feet north of its inter-
section with Spencer Road
SECTION II. Based upon an engineering and traffic investi-
xation ere oFore made as authorized by the provisions of Section
169, Article 6701d, V.T.C.S., the prima facie speed limit of 40
miles per hour for the above listed portions of Woodrow Lane is
hereby determined and declared to be pprima facie reasonable and
safe, And such speed limit is hereby fixed for vehicles traveling
upon such street.
SECTION III. That any person violating any of the provisions
of t sTi ordinance shall, upon conviction, be fined a sum not
r---~ exceeding Two Hundred Dollars ($200.00); and each day and every
day that the provisions of this ordinance are violated shell
constitute a separate offense. This penalty is in addition to
and cumulative of, any other remedies as may be available at law
and equity.
SECTION IV. That if any section, subsection, paragraph,
sentence clause, phrase, or word in this ordinance, or
application thereof to any person or circumstance is held invalid
by any court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance,
and the City Council of the City of Denton, Texas, hereby
declares it would hAve enacted such remaining portions despite
any such invalidity.
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SECTION V. That this ordinance shall become effective
fourteen days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
PASSED AND APPROVED this the day of _
1989. - -
I '
RAY STEPHENS, MAYOR
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ATTEST:
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JENNIFER , CITY-METM
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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BYs
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U1TE: 10/17/89
WA 01-,t C1t b{F.1~rk1 E.CIlK_ll.
70: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, Clty Manager
SL'HJECT: Contract between city of Uenton and anus/New York tiff, to provide
Ilealth Insurance Coverage for Employes and Dependents
1i1:4'SMcQ't1N1111Tf91~7.
It is the starf'a recommendation that the City Couneil eater Into a contract
with Sanus/New York Life to provide health insurance coverage for employees
and dependents, the Sanus/,New York Life Insurance program will provide
employees with two options for health insurance coverage:
o iIMO Only.
0 Santis Plus
$~tMAHYz
Over the past year, the City staff has devoted priority resources and
{ attention to developing a recommended solution to our health insurance
program for employees and dependents. Exhnuatlvc research and study has
been undertaken to exastne all possible avenues to develop a program that
provides good medical care for employees and their dependents but at a cost
1 that the employee can afford and the city can afford, there has been an 14 III Insurance Commlttee.rt We hav'eoalso drawn oil the eai,crtise lrof
an a Empluyve
respected consulting firm, Coopers 6 Lybrand, this prucess has produced a
Company whicheoffersuemployeesfaxbasic Ilea"lth Plan and "N health kcareeoptionance
(HMO only) at an overall premium rate reduction from the previous
further offers employees another, more comprehensive option year; ,
at
an additional premium, Tile Sanus/New York Life program was Judgpl by the
Employee Insurance committee as the better alternative for employees, An
informal "poll" of employees showed that a majority or employees favor this
r--~\ alternative, The Executive Cummiltve has endorsed the recommendation of the
t Emilloyeu Insurance Committee. And Coopers 6 Lybrand concurs with this
alternative,
Dt4411MUNlL'
With the 1989/94 Bud et the
council
the insurance fund in order toprovidepalternatlres atoidcrecommendstlollaoto
provide a health insurance program for City employees. in January, 1969,
the Council awarded a contract to Coopera 6 Lybrand and the study cummencad,
In May, 1989, Coopera A Lybrand rru e,l
insurance fund would experience a bl,Gmlliion cleflcht. 1110he1(ylty council
approved a strategy to Institute n "limited" hiring freeze ahd other
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October 17, 1969
Memo to City Coun-il on Employee Insurance Program
rage 2
budgetary measures to "erase" the deficit in the current budget year,
reaearch alternatives for a new, re structured insurance program, arid
Involve employees in solving this problem.
During Juue, July and August., the following actions occurred:
o conducted 25 two hour meetings with over 700 employees communicating to
over 92% of the employee workforce.
o gained employee feedback on their needs for Insurance through a survey
questionnaire and obtained a 71% response rate
o developed and sent out 17 requests for bids on the insurance program from
private carriers like TML, Blue Cross/Blue Shield, etc. and received 3
viable responses.
o conducted preliminary meetings with local hospitals and doctors in
conjunction with TWU, UNT, and DISD representatives (the ECHO Group)
Out of this process, two major alternatives for a health insurance program
were developed for consideration:
o Re-Structured City Health Insurance Plan that would include the following
options:
1. Catastrophic Only Plen (In-hospital coverage only; r.o doctor
coverage)
2. Exalustve Provider Plan (Deslgnated only Uocturs and
Hospitals)
3. Comprehensive Plan (Full, complete coverage)
o Sanus/New York Life Plan that would include the following options:
1. HMO Only (Designated doctors and hospitals; some coverage
)lmitatious)
2. Comprehensive Plan (Choice of full, complete coverage Ott HMO
option)
In an initial Employee Insurance Committee meeting considering these
alternatives, the opinion by the members was "split" - roughly hair the
members favored the City Plan, the other half the Sanus/New York Life
program. However, after Informally discussing the options further with
employees, the weight shifted toward the Sanus/Ncv, York Life Proposal,
primarily because of cost. Dave Palativre was asked to assist us In
negotiating with the local doctors and hospitals. He was also asked to
f check the actuarial accurncy of the Sanus rates quoted and other contract
provisions such ap service area restrictions, contract guarantees, etc.
Sanus/New York Life way also lnstruated to dctc•rmine If It could produce a
j more favorable list of local physician pruvlders.
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October 17, 19B9
Memo to City Cornell on Employee Insurance Program
Page 3
Since January, the members ur the Employee Insurance Committee have met 18
different Limes representing over 80 hours of time. In addition, individual
members have spent miny hours meeting with their respective employees
discussing details of the insurance alternatives under consideration,
clarifying questioua, and determining how employees felt about each major
prolosal. There has been a significant commitment of time and effort to
ensure we were properly responding to employees' needs and concerns in
reaching a final recommendation.
In September, we finalised negotiations with the local doctors and
hospitals. We also finalized research into all issues concerning the
Sanushew York Life proposal. The Employee Insurance Committee met on
September 18, 1989, and evaluated both programs on the following criteria:
o quality
o Affordability
o Accessibility
o Stability
j o City's Financial Liability
Each of the above criteria was first weighted by the committee as to Its
Importance. Then, each major alternative, the Re-structured City Plan and
Sanus/New York Life, was rated on a scale of 1 to 10. The final results of
this scoring gave the Sanus/New York Life alternative more than double the
total points as the Re-structured City Plan (details of the complete scoring
and rational are Included in the Coopers A Lybrand final report on pages
21-23). In addition, an inforaal polling of employees by the committee
members showed that the majority of employees overall are In favor of the
Saw/New York Life proposal. The overriding consensus of the Employee
Insurance Committee and Dave Palatlere SCoopers d Lybrand) was that the
Sanus/New York Life Program was the best alternative for ail city employees
and the program they wanted to recommend to the Fxecutive Committee. On
Wednesday, September 20, the Executive Committee met with Dave and discussed
the recommendation and rationale behind the Employee Insurance Committee's
decision.
In the final analyals, the key factcrm in staff's recommendation to City
Council that the Sanus/New York Life program In the appropriate decision
are:
o the Employee insurance Committee, a majority of city employnes, and
Coopers 8 Lybrand are endorsing the Sanus/New York Life proposal (even
though we know there are some disadvantages)
i
o the City's flnnncial liability will be protected and the City transfers
most of it's potential "risk" to another party.
(There area a few employees who will not be "actively at work" on
December 11 1989 (the effective We of 5anua coverage) that the City
E will continue to be respensLble for their claims, However, nn analysis
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October 17, 1989 I
Momo to City Council on Employee Insurance Program
page 4
Of our claims reserves indicates there will be adequate dollars to
cover these, unless an unforeseen catastrophic situation were to
occur.. )
Thus, It Is the staff's recommendation that the City:
i
o contract with Sanus/New York Life to provide health insurance coverage
for city employees and their dependents,
o proceed with employee meetings to explain the options available to them,
o conduct open enrollment during the month of November,
o implement the new health insurance program with an effective date of
December It 1989
P60S6M UPA6MTO 06 9tiWV3 At.F'.~SIYU
4 I,
The City Health Insurance Program covers all regular, full-time and part-
time City of Denton employees in all departments.
f The City has budgeted $1,306,991 for employee health Insurance coverage In
the 1989/00 Budget (this to basel on 818 regular, full-time employees times
$131.70 limes 12 months and 18 regular, part-lime employees times 163.86
times 12 months). This amount to to provide coverage fo: each employee's
health insurance through the Sanus/New York Life program. The premium rates
quoted by Sanue/New York Life are within this budgeted ao,lunt.
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October 17, 1989
Memo to City Council on Employee Insurance Program
Page 5
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On November 30, 1989, the health insurance fund is projected to have
epproximately $607,000 in reserves to pay claims and administrative expensee
for claims incurred on or prior to November 30, 1989, but not paid until the
"run-off" period December 1, 1989 through November 30, 1990 (this is
addressed as a separate item for City Council consideration).
Respectfully submitted:
Lloyd k'. Harrell
City Manager
Prepared by:
x
Thomas M. K inck, Director of Personnel
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Betty cKea Executive Director {
for Municipal Services and Economic Development I
cmgrrpt6.prn 10/10189 4:20p
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ATTACHMENT la
EMPLOYEE HEALTH INSURANCE PROGRAM
ALTERNATIVES
COMPARISON OF ADVANTAGES/DISADVANTAGES
COOPERS t LYBRAND SELF-INSURANCE PLAN RE-STRUCTURE
VS.
SANDS/NEW YORK LIFE HMO/FULLY-INSURED PLAN
CITY PLAN RE-STRUCTURE SANUS/NEW YORK LIFE
PLAN DESIGN
Three Employee Options: Two Employee Options;
1. Catastrophic Only 1. HMO Only
80%/20%; S25G Indv Deduct/52000 -S15 Co-pay Doctors;
Out-of-pocket Maximum $100 Co-pay Hospital
-Covers Hospitalization, -Covers most medical care;
Emergencies and Out-patient NO Frescrlption Drugs, Vision
Surgery ONLY or Alunseling
-NO DOCTOR COVERAGE (Lse only designated Doctors
and Hospitals)
11, Exclusive Provider Organization
-$I5 Co-pay Doctors; 5100/day Hospital
$100 Surgical procedure
-All other medical services - 80%/20% 11. SANDS PLUS
$250 Indv Deduct/55000 Out-of-pocket
Maximum -Indemnity Plan - 80%/202;
5100 Indv Deduct/35000
-Current Prescription Drug and Vision Out-of-pocket Maximum
Benefits Kse ANY Doctor or Hospital)
-MUST USE PROVIDER NETWORd Prescription Drugs-650 Deduct
111. Comprehensive Plan AND/OR
-80%/20x; 6250 Indv Deduct/52000 -R.MO Plan
Out-of-pocket Maximus 57 Co-pay Doctors;
$275 Co-pay Hospitals
-Current Prescription Drug and Vision (Use only designated Doctors
and Hospitals)
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CIn PLAN RE-STRUCTURE I SANUS/NEW YORE LIFE
PROVIDERS
DOCTORS/HOSPITALS
I
Denton Area Doctors and Limited Denton/Lewisville
hospitals - bids favorable and Doctors - currently 10
within Coopers actuarial rate
projections Denton Community Hospital
Dallas/Ft. Worth Doctors Dallas/Ft. Borth Dcctors
-Son-network -Extensive Network
Dallas/Ft. worth Hospitals Dallas/Ft. Worth Hospitals
- All HCA Facilities
CITY CONTROL
Full Control within Financial Contractual provislons
Limits; flexibility
PER CENT COST/RATE CHANGE FROM CURRENT RATES
(see Attachments 2 and 3)
1. Catastrophic Only 1. HMO Only$ If S20
Auld
Employee Only 0% Employee Only 0% 0%
Employee 8 Spouse +26% Employee & Spouse +11% -11%
I Employee 8 Children +30% Employee E Children -13% -472
Employee 8 Family +27% Employee 8 Family + 7% - 7%
II. Exclusive Provider Organization
Employee Only +f 4 11. SAStS PLUS* If $20
Employee & Spouse +69% Applied
Employee 8 Children +80% Indemnity Plan and/or HMO
Employee 8 Family +61%
Employee Only 18 - 8%
II1. Comprehensive Plan Employee d Spouse +85% +63%
Employee i Children +52% +18%
Employee Only 75 Employee b Family +86% +12%
Employee 8 Spouse +212%
Employee & Children +272% it20 Ins. Suppl. to "off-set" pre■
Employee A Family +178% increase or "pocketed"
Other Costs: Other Costs:
City "At-Risk"; protected by City "out" of risk business ~I
Individual/Aggregate Stop-loss
Insurance; potential plan deficit Secund year's rate Increase
"capped" at maximum of 22%
So Insulation future rate Increases;
may face same financial dilemma next
year
1
CITY PLAN R£-STRUCTURE SA.4'li!/NEtf YORK LIFE
OTHER CONSIDERATIONS
Doctors and Hospitals bids favorable
to actuarial projections by Provides "some" doctor coverage
Coopers h Lybrand for City's proposed
Catastrophic Plan
Catastrophic Plan lacks Doctor
r,---~ Coverage Rendl to proceed; can initiate
open enroilment. much s,ioner
H40 - negative image
Rates do not build surplus above
claim reserve Lisitcd Doctors in local area
sot affordable to rank and file, lower Favorable rates that would
paid employees allow more employees a rate
reduction and therefore a
higher net pay increase
EPO cheaper than SASUS PLUS, except Affordability; rate reduction
in Employee A Children Category for Usic employee and
dependent health care needs
Catastrophic only - increased rates, Preventative Health Care
reduced benefits provided
Provides three options SAS13 experience and
references - outstanding
li Convenience of local Doctors and
Hospital employees are familiar with Employees mugs, learn and
practice "managed care" or
City employees continue to "fight" Vol additional Premium
the need for education and importance
of "managed care"; re: conclude that Degree of inconvenience to
we will be in same "crisis" next year ensure cost effectiveness
Contiol mechanisms and
procedures established and
enforced
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MEMORASDL:M
To., Lloyd Harrell - City Manager
From: Tom Alinck - Director of Personnel/Employee Relations
Date: October 13, 1989
Subject: Prescription Drug Program - llealth insurance Program - Current and
f'roposrd
Lloyd, this is to re-spand to your request conc,ornIrig the Prescription Uruq
Program on the current Lily Self-insured Plan and the l,errefits under the
proposed programs being considered by tl,e city Council.
Under the current City's Self-Insured Prcgram, the employee has two options:
1. Indemnity (80/20) - the employee pays a $250 individual deductible
i annually of any medical or prescription drug expense; then, the plan
pays 8014 of all charges and the employee pays 20% of those charges
until a total of $2000 is paid by the employee. At that point, the
plan pays 100% of eligible charges.
2. Preferred Provider Organization (PPO) - under the PPO, far prescription
drugs, the employee can select aae of the pharmacists (attached list);
the employee pays $2.00 for a generic drug and $6.00 for a brand name
ii drug; the plan pays, through Prescription Management Corporation, the
wholesale cost of the respective drug.
Under the pruosed health Insurance programs under consideration, the
following coverages would be provided:
A. City Plan Re-structure (the City remains self-insured):
1. Catastrophic Only Plan - prescription drugs would be covered for only
those prescribed and taken in a hospital stay; there would be no
coverage otherwlae. There would be a $250 annual deductible for any
medical, doctor, and prescription drug charges; then the plari pays BU%;
the employee pays 20%, until $2000 Is paid out.
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2. Exclusive Provider Organization (EPO) - under this level of coverage,
prescription drugs would be paid as explained in 2. above with our
current program. we would maintain our current agreement with
Prescription Management Corporation.
3. Comprehensive Flan - under this level of coverage, prescription drugs
would be covered and paid as is currently provided. The employee would
have the options as explained above in our current program.
I
October 13, 1985
Memo to L. Harrell - Prescription Drugs
page 2
The other option under consideration is the Sanus/hew York Life Proposal.
Prescription drug coverage is outlined below:
D. Sanus/hew York Life Proposal
1. R40 Only - if the employee chosen the HMO Only, there would be coverage
for any prescription drugs during a hospital slay after the employee
pays a $400 per admission charge. Otherwise, there is no prescription
drug coverage. We chose not to cover prescription drugs or counseling
to get the lowest premium possible.
2. Sanus Plus - prescription drugs (for other than a hospital stay) are
covered through the Sanus network pharmacists with Tom Thumb Page and
Fckerd Pharmacies throughout the Metroplex. There in an annual $50
individual deductible that the employee pays first, then the employee
pays $2.00 for genrric drugs and $7.00 for brand name drugs. During a
hospital stay, there is coverage for any prescription drugs after the
employee pays a $275 per admission charge.
I have discussed this with Sanus that there are no Tom Thumb stores in the
Denton area and our concern that the access for employees to more
pharmacists be improved. They have discussed their program with at least
two of the local Independent pharmacists in Denton.
If you need further Information, please don't hesitate to call.
Thank you.
l i
Thomas N. 8linck
r-~ tkseml0.prn 10/1/89 10:00a
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NO.
AN ORDINANCE ACCEPTING THE PROPOSAL OF SANDS TEXAS HEALTH PLAN,
INC. FOR MEDICAL INSURANCE COVERAGE FOR CITY EMPLOYEES; AUTHOP.IZING
THE EXPENDITURE OF FUNDS THEREFORE? AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated
competitive sealed proposals for the purchase of medical insurance
coverage for city employees in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager has reviewed and recommended that
the proposal of Sanus Texas Health Plan, Inc. is the lowest
responsible proposal for services as shown in the "Bid Proposals"
submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
services approved and accepted herein; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the proposal of Sanus Texas Health Plan, Inc.
for medical insurance coverage for city employees, a copy of which
is attached hereto and incorporated by reference herein, is hereby
accepted.
F
~ SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION 'L. That this ordinance shall become effective
r immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1989.
Ray Stephens, Mayor J
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMt
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
yam,
BY:
10/11/8
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GROUP APPLICATION
To the extent herein defined and limited, this contract provides for comprehensive health
care arranged through SANUS TEXAS HEALTH PLAN, INC. (hereinafter referred to as
"SANUS TEXAS"), a prepaid health care program.
Issued by:
SANUS TEXAS HEALTH PLAN INC.
8800 FREEPORT PARKWAY, SUITE 3040
IRVING, TEXAS 75083
METRO 821.8143 OR (214) 9290378
fll~ A Corporation organized as a Health Maintenance Organization under the Laws of
the Slate of Texas.
This AGREEMENT between
City of Denton
_
(hereinafter referred to as the "Group") and
SANUS TEXAS entities the Subscriber and his enrolled Dependents, if any, to receive
the benefits hereinafter set forth for the Contract Year, subject to the terms and condl-
tions of this Agreement and upon payment of stipulated premium.
Type of Coverage: All Subscribors and Dependents shall be entitled to receive the
benefits of Plan -L_
Agreement: This Agreement consists of the terms of Sections I through XV, all
Attachments and Schedule$ to the Areement, all Applications, all Amendments,
If any, and the following Riders altacged hereto:
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S (DURABLE WICAL vnnlPMNr RIDEA)
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Group Enrollment Period:
The Group Enrollment Period shall be from to
Effective Date:
The Effective Date of this Agreement shall be at 12:01 a.m. on 12/01/89
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I 08AGA-0987.0 1
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Schedule of Rates and Premlums
Monthly Premium Rates:
Effective From loro1ra to 0JLUL/ o
Subscriber Only:
Subscriber + Spouse + Children:
( ) 3-Tier
~ Subscriber Only:
Subscriber + 1 Dependent:
Subscriber + Spouse + Children:
(x) L DE
Subscriber Only: 1_100.00
Subscriber + Spouse:- 201 .24
Subscriber + Chiid(ren),__ _ 15gra1
Subscriber + Spouse + Children: 255.42
I
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
this day of
SANUS TEXAS HEALTH PLAN, INC,
By:
Executive Director
City of canton
Group
By: - -
Authorized Representative
SANUS TEXAS HEALTH PUN has a maximum Member Copayment limit per calendar year which ap•
P11611 to any Copsyments for services covered under the Basic Plan Benefits (excluding Riders).
j The Limits are specified In Seclbn VI.A(2) of this Agreement,
! Thfs means that any Copayments paid by SANUS TEXAS Members for Parktpalfng Physician, Provider
or Emergency services covered under the Basic Plan Benefits may be added together to reach the max.
Imum Member Copsyment limits. Once reached, no other Copsyments are requlmd for the remainder of
the calendar year (except Alders),
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•
I~ GROUP APPLICATION
To the extent herein defined and limited, this contract provides for comprehensive health
care arranged through SANUS TEXAS HEALTH PLAN, INC. (hereinafter referred to as
"SANUS TEXAS"), a prepaid health care program.
Issued by:
SANUS TEXAS HEALTH PLAN INC.
8600 FREF.PORT PARKWAY, SUH 3040
IRVINOp TEXAS METRO 621.8143 OR (214) 829.0378
A Corporation organized as a Health Maintenance Organization under the Laws of
the State of Texas.
This AGREEMENT between
City of Diaton
(hereinafter referred to as the "Group") and
SANUS TEXAS entitles the Subscriber and his enrolled Dependents , it any, to receive
the benefits hereinafter set forth for the Contract Year, subect to the terms and condl.
tlons of this Agreement and upon payment of stipulated premium.
Type of Coverage: All Subscribers and Dependents shall be entitled to receive the
{ benefits of Plan -Q H A s
Agreement This Agreement consists of the terms of Sections I through XV, all
Attachments and Schedules to the Agreement, all Applications, all Amendments,
if any, and the following Riders attached hereto:
_ M (PRESCRIPTION D-BUO - $501 A rINPAL1jX VNTAL ~EALTHI
_ S DURABLE MEDICAL EQUIPMENT RIDER)
Group Enrollment Perlod:
The Group Enrollment Period shall be from.- to M,
Effective Date:
The Effective Date of this Agreement shall be at 12;01 a.m. on rr~ouB9
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OSAGA-0987-D 1
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L 7 H F1 O $
Schedule of Rates and Premlums
Monthly Premium Rates:
Effective From _-torotl89 to-WIN-9.0-
SubscriberOnly:
Subscriber + Spouse + Children:
( ) 3•Tler
Subscriber Only: _
Subscriber + t Dependent:
Subscriber + Spouse + Children:
( x ) a• le
Subscriber Only: a150.25
Subscriber + Spouse: ann_B.S
Subscriber + Child(ren):- 712 68
Subscriber + Spouse + Children; 402.62
{
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
this day of , 19-,
SANUS TEXAS HEALTH PLAN, INC.
By Executive Director
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roup
By:
Authorize epresentative
SANUS TEXAS HEALTH PLAN has a maximum Member Copaymenl limit per calendar year which ap•
plies to any Copayments for services covered under the Basic Plan Benefits (excluding Ride(s)
The Llmlts ere specified In Section VI.A(2) of this Agreement.
This means that any Copsyments paid by SANUS TEXAS Members for Particlpatinq Physlclan, Provider
or Emergency services covered under the Basle Plan Bensfls may be added together to reach the max.
Imum Member Copayment Ilmits, Once reached, no otter Copsyments are required for the remainder of
{ the calendar year (except Riders).
{
OSAGA•0987•D 2
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SANUSPWS
Bunn RATES
DESIGNED ESPECIALLY FOR:
City of Denton
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THESE MONTHLY PREMIUM RATES ARE GUARANTEED
1 j FOR A PERIOD OF--LLi. MONTHS,
j IF ACCEPTED FOR AN EFFECTIVE DATE OF 12101189 _
CATEGORY MONTHLY RATES
Employee 3231 13
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Employee t yamlly 481.08
Option III lathes Rates.
THE SANDS TEXAS HEALTH PLAN
A000UWf DECOVE: _ . fir. 1e0 D18e114
TILEPHONE NUMSEA- 2141621.8143
MENEM LML: A 5 (fully-lne red)
j DAM Septimber 29j1989
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$ANUS
PRM
IUM RAY
ES
DESIGNED ESPECIALLY FOR:
1
City of Denton
1
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THESE MONTHLY PREMIUM RATES ARE (3UAR
FOR A PERIOD OF 1 t fUVTEED
IF ACCEPTED FOR AN EFFECTIVE DATE MONTHS,
CATEGORY U,'
Employee MONTHLY RATES
'
$1)1.32
Employee + Family
r 960.56
option I Retiree Rates
THE SANUS TEXAS HEALTH pL
ACON'ff "'CU"'-- ran l is
TILIPMONE NUMBER: 214L621-844 3
BENEFITLEVELa S Full insured)
DAM: se tember 29, 1989
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smtjspws
irREMIUM RATES
DESIGNED ESPECIALLY FOR;
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City of Denton j
THESE MONTHLY PREMIUM RATES ARE GUARANTEED
FOR A PERIOD OF 12 MONTHS,
IF ACCEPTED FOR AN EFFECTIVE DATE OF U101189
CATEGORY MONTHLY RATES
1 on $ 91.23
162.46
~ 2 on
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1 on + l off 324.90
1 on + 1 off + family 484.66
2 on + family 322.21
THE SANUS TEXAS HEALTH PLAN
ACCOUNT G1CUT1VE: Mr. Xen Dilslla_
TELEPHONE NUMBER: 214/621-81J3
BENM LEVEL: medicate C1°plement (Q M A 31._.-
Wilt occob~r li. 1999
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smtjspws
PRAIAiUM RATES
DESIGNED ESPECIALLY FOR:
City of Denton
I
THESE MONTHLY PREMIUM RATES ARE GUARANTEED
FOR A PERIOD OF 12 MONTHS,
IF ACCEPTED FOR AN EFFECTIVE DATE OF 12101199
i
CATEGORY MONTHLY RATES
I 1 on $ 61.69
2 on 123.78
1 on + 1 off 247.56
1 on + 1 off + family 369.27
2 on + family 245.49
THE SANDS TEXAS HEALTH PLAN
ACCOUNT EXECUTIVE: Hr. Ken DiBolla
TELEPHONE NUMBER: 214/621-8143
BENEFIT LEVIL: Medicare5yoolement (H 3 5)
DATE: October 11, 1969
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SANUS TEXAS HEALTH PLAN, INC.
8600 Freeport Parkway, Suitu 3040
Irvtng, Taxes 7SO63
Metro 621.6143 or (214) 9291
GROUP MEMBERSHIP SERVICE AGREEMENT/
CERTIFICATE OF COVERAGE
1. DEFINITIONS
Except as expressly otherwise provided or unless the context otherwise requires, the following words and phrases
used in this Agreement shall have the following meanings:
1. "Actively at Work" means that an Eligible Employee mu:l be performing the usual and customary duties of his
regular employment during his usual working hours on his Effective Data of coverage; provided, however that
if the Eligible Employee is absent from work due to vacation, holiday, jury duty or other similar circumstances
_ not caused by injury or ittness, such employee shall be considered "Actively at Work
2. "Agreement" means this Group Membership Service Agreement, the Schedue of Ber ib, all Applications, all
Attachments and Riders hereto, if any, and all Amendments hereto, if any.
3, "Afternative Health Benefits Plan" means any health N+nofits plan, other than this Plan, which is offered by, through
or in connection with the Group.
e. "Ambulatory Surgical Canter" means a non-hospital center which provides ambuldlory surgical services and which
Is property licensed as such by the Slate of Texas.
S. "Anniversary Date" means the annual anniversary of the Effective Dew
6. "Application" means the forms prescribed by SANDS TEXAS which each Subscriber shall, on his own behalf
and on behall of his Dependents, be required to complete and submit to SANDS TEXAS for the purpose of enroll
Ing himself and such Dependents for coverage hereunder,
7. "Basic Plan Benefits" means those benefits covered by this Agreement and explained In the Scheduls of Benefits,
but not including any Riders,
8. "Contract Year" means the period of twelve (12) months commencing on the Effective Date and each twelve (12)
month period thereafter, unless otherwise terminated as hereinafter provided.
9, "Copayment" means the fee as set forth In the Schedule of Benefits ano any Riders provided with this Agreement
and made a part hereof, which Is not covered by premiums payable horeurider, to be paid by Members at the
time of service directly to Physicians, Hospitals or other Health Professionals In connection with the services set
forth In the Schedule of Benefits, and Riders, if any.
10. "Covered Services" means only the medical care, services and supplies rendered under the lolowing conditions:
a. provided, directed or authorized by the Member's Participating Primary Cars Physician, except in the
case of a Medical Emergency, as defined by the Plan
b, prescribed by a doctor for the therapeutic treatment of injury, sickness or pregnancy l
c . deemed Medically Necessary and appropriate in type, level, setting, and length of servk;e by SANUS TEXAS
d. rendered In accordance with generally accepted medical practice and professlonslfy recognized standards
s. nW generally Considered to be experimental, Investigational, of which are performed for research purposes
f. services which are specifically Included and not excluded or limited or riot specifically excluded by the Plan
11. "Custodial Care" means that care which Is marked by or given to watching and protecting rather than seeking
to cure; or (2) care which is not a necessary pan of medical treatment for recovery; of (3) care comprised of ser-
vices and supplies that are provided primarily 10 assist In the activities of daily living,
12• "Deductible" means the expense Incurred or portion of such expense, other than a Copayment, which the Member
is required to pay directly to the Physicians. Hospitals, or other Health Care Providers in connection wit" Covered
Servicow
13. "Dependent" means an Eligible Dependent who has been enrolled in the Plan by a Subscriber, for whom the
premium payments required hereunder have been received by SANUS TEXAS in accordance with the terms of
this Agreement and who continues to meet the eligibility requirements set lorth in Section ILA(2) of this Agreement.
14. "Domiciliary Care" meant that cars provided for persons so disabled or Infirm as to be unable to five Independently.
15. "Effective Date" means the effectlve dale d coverage as set forth on the face page of this Agreement.
18. "Eligible Dependent" means an Eligible Employee's spouse or child who meets trio dependent eligibility re-
quiremen!s set forth In Section II A W this Agreement.
17. "Eligible Employee" means an Individual who meets the Subscriber efigibil ty requirements set lorth in Section
It A of this Agreement.
18. "Emergency Cars" means bona fide emergency services provided after the sudden onset of a medical condition
manifesting itself by acute symploms of sufficient severity, Including severe pain, such that the absence of Im-
mediate medical attention could reasonably be expectod to result In:
a. placing the patient's health in serious jeopardy;
b• serious impairment to bodily functions; rN
c. Serious dysfunction of any bodily organ of part.
GSA AM87D 1
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19. "Rea Standing Surgical Censer" Shall have the same meaning as Ambulatory Surgical Center.
20. "Group" means the employer, labor unkn, trust, essafatlon, paMershlp, government agwy, or other organize.
lion to which this Agreement le Issued and 1Mough whch es agent for Subscriber only and not also for SANUS
TEXAS, Subscriber and his Dependents become entitled to the Coverage described In this Agreement.
21. "Group Enrollment Period" means the period mutually agreed upon by SANDS TEXAS and the Group as sal
forth on the first page of this Agreement during which Eligible Employees and Eligible Dependents may elect 10
enroll under this Plan or terminate their enrollment In this Plan. Such period shall be no less than fourteen (14)
days in each Contract Year,
22. "Health Professional" means dentists, nurses, sudio;ogista podiatrists, osteopaths, optometrists, phySIClan's
assistants, clinical peychotogists, social worhae, pharmacists, nutritionists, physical therapists, speech therapists,
and other professionals engaged In the delivery of health services who are licensed, practice under an inatitu•
i IvW license, are certified or practice under the authority of a Physictan or legallyconstituted professional association,
or other authority consistent with the laws of the State of Texas,
23. "Hospital" means
a, An institution whkh is operated pursuant to state law and Is primarily engaged in provldinq, on an inpatient
basis, for the medical care end treatment of sick and injured per.ons through medical, diagnostic and major
surgical SeMces, all of which services must be provided on its pr6mise3 under the supervision of a staff of
Physicians and with twenty-four hour a day registered nursim, e,,rvke, or
b. An institution not moeting all of the foregoing requirements but whkh meets state licensing requirements and
Is accredited as a Hospital by the Joint Commission on Accreditat on of Hospitals.
In no event shall the form "Hospital" Include a convalescent nursing home or any Institution or part thereof which
Is used principally as a convalescent facility, rest facility, nursing facility, facility for the aged or extended cue
Iacibly, intermediate care fecilily, skilled nursing facility or fecBiy primarily for rehabilitative services; the term
"Hospital" shalt, pursuant to Chapter 3, Texas Insurance Code, Article 3,72, Induce treatment in a residential
treatment confer or children and adolescents and treatment provided by a crisis stabilization unit.
24. "Medical Director" means the licensed physkian In the full or port time employ of SANUS TEXAS, and/or such
other licensed physician as the Medical Director may desliI who shall be responsible for monitoring the qua6•
ty of medical cue rendered to Members,
l 25. "Medical Emergency"
by acute Symptms of Sufficient medical
(Including severe pa:n) such the hdat the Director end which
of Immed"te stmediceaf I
atlention could reasonably be expected to result in (a) placing the patient's health in serious jeopardy; or (b) serious
Impairment to bodily functions; or (c) serious dysfu%tMxl of any bodily organ or part.
20. "Medically Necessary" means medical or sufglcal treatment of am illness or Injury at the appropriate level of care
in accordence with accepted medical standards and Plan requirements as approved by the Plan's review commit-
lose for prol6swal and technical practice and the SA NUS TEXAS Medical Director.
27. "Medicare" means Title XVIII of the Social Security Aci and regulations thereunder,
i 29. "Member" means any Subscriber or Dependent.
29. "Non•Panicpating Physician" means a physician who Is not a Participating Physician.
30. "Out•Patienl Emergency Care Center" means a non-hospital comer which provides ambulatory medical, surgical
and/or emergency Services.
31, "Participating Alcohol or Drug Dependency Trealme,d Facility" means a facility which provides a program for
the treatment of skohol of drug dopendency pursuant to a mitten treatment plan approved and monitored by
a Physician end which has Contracted with SANDS TEXAS to provide such program to Members and which facility
is atoo:
a. affiliated with a Hospital under a contractual arrangement with an established system for patient referral; or
b, accrediteo is such a facility by the Joint Commission on Accreditation of Hospitals; a
c. licensed IS an alcohol or drug treatment program or center by the Texas Commission on Alcohol and Drug
' Abuse: or
d licensed, certified or approved as an alcohol of drug dependency treatment program or Center by any other
i--~ slate agency having a legal authority to so licenio. cerify or Spore%1.
32. "Panicipaling Facility" means those 16610 100 properly licensed by the appropriate regulatory and licensing authorities
of the Stale of Texas a-d contracted to provide senkea to SANUS TEXAS Members, and which facilities shall
Include Hospitals, Alcohol or Drug Dependency Treatment Facilities, Out-Patient Emergency Care Camera, Am• li
bulalory Surgical Centers and other facilities of similar purpose.
33. "Participating Hospital" means a Hospital (as defined In subparagraph 23 of this Section) which has contrera64
with SANUS TEXAS to provide Members the Inpatient services Sol forth In Section 11,6 (or, if P4>plicable, Seellon
IV.S) of the Schedule of Senorita,
34. "Participating Out-Patient Emergency Cara Center" means a non-hospital center which has conflicted to provide
ambulatory medical, Surgical and/or emergency services to SANUS TEXAS Members
3S, "Participating Physician" means any Physician who has contracted with SANUS TEXAS to provide cue 10 Members
covered under this Agreement.
38. "Participating Primary Care Physician" means with respect to each klember, the participating Physician eng*
ed in the practice of family practice, general medicine, internal medicine or pediatrics, who is desipnaled In accar-
GSA-AB-0987D 2 ` Urn
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dance with SANUS TEXAS policies as the Physician having primary responsibility for coordinaltng such Member's
medical care, providing initial and primary care to Members, maintaining the continuity of such Member's care
and initiating referral for specialist care.
37. "Participating Specialist Physician" means any Physician who has contracted with SANUS TEXAS 10 provide
specialist care to Members covared under this Agreement upon referral of a Partkipati,g Primary Care Physician
(or upon referral of another Participating Specialist Physician with the concurrence of the responsible Panicipaling
Primary Care Physician)
38. "Participating Urgent Care Center" shall have the same meaning as Participating Out-Patient Emergency Care
Center.
39. "Physician" means anyone licensed by the Stale of Texas to practice as a Physician within the scope of his license,
40 "Plan" Is the plan of comprehensive health care services provided by SANDS TEXAS and covered by this
Agreement.
41. "Primarily Depend t" means receiving more than fifty percent (50%) of his support from the Subscriber, meeting
the requirements to be claimed as a dependent on the Subscriber's federal income tax return and being a depen-
dent unmarried child, foster child, stepchild, legally adopted child or child under Subscriber's legal guardianship
42. "Provider" means any Health Professional, Hospital, Alcoholism or Drug Treatment Facility, Out•Palieni Emergency
Care Center or other facility which has contracted with SANUS TEXAS to provide services to Members covered
under this Agreement.
43 "Rider" means a schedule provided with this Agreement, and made s pan hereof, which sets forth changes In
the benefits and services made available by SANUS TEXAS by modifying this Agreement and the Schedule of
Benefits,
44. "SANUS TEXAS" means SANUS TEXAS HEALTH PLAN, INC., a Texas corporation organized as a health
maintenance organization and licensed by the Texas State Board of Insurance.
45 "Schedule of Benefits" means the schedule provided with this Agreement, and made a part hereof, which sets
forth the benefits and services that SANUS TEXAS shall make cvailable to Members.
48. "Schedule of Rates and Premiums" means the schedule provided to the Group with this Agreement, and made
a pan hereof, which sets forth the rales and premiums that are payable to SANUS TEXAS for the services and
benefits that SANUS TEXAS shall provide or make available to Members.
47. 'Seri Private" means a room In a Hospital or Skilled Nursing Facility containing two (2) to four (4) beds and/or
classified as semi-privale by such Hospital or Skilled Nursing Facility.
48. "Service Area" means that geographical area as defined by the Service Area map included in the directory which
cuntains a list of Participating Physicians and Providers
49. "Skilled Nursing Facility" means an institution or pan thersol, licensed by state or local law, that is accredited
as an extended care facility by the Joint Commission on Accreditation of Hospitals or Is recognized as a skilled
nursing facility by the Secretary of the Department of Heahh and Human Services under Title XVIII of the Social
Security Act, as amended.
$0. "Subscriber" means an Eligible Employee who has enrolled in the Plan and for whom the premium payments
required under this Agreement have been received by SANUS TEXAS in accordance with the terms of Ihis
Agreement
$1. "Termination Date" means
a. for a Member, the last date on which the Member is eligible for coverage, or
b. for she Group, the last date on which this Agreemenl Is in force.
52. "Urgent Care" shah have the same meaning as Medical Emergency.
$3. "Urgent Care Center" shall have the some meaning as Ou1•Patlent Emergency Care Center,
'f n?
' lLlGfflllJTYi EFFECTIVE DATE OF COVERAGE
A. Eli rbifi
to iii is i Subscriber, a person must reside in the Service Area and be:
live. fua- I1nto permanent employm►nt of the Group or a bona bde Member of the Group
laitAyy wVlrig the number of hours necessaryto be ellgiWe to for In the Group's Primary Health
TIOtPlan Ot l frinlmum of twenty (20) hours per week whkhover b grater; and
b. Eligible undersuch efigibilitycriterls established by the Group, and which Is supplemental tothat describ-
r
na ad herein; and
,
C, Eligible to enroll and receive benefits of alternate Health Benefit Plans offered by the Group; and
7 d, Not be eligible for coverage and/or covered u der Extended Benefits coverage (or coverage similar thereto)
of any other health plan.
Jne, E. To be eligible to enroll as a Dependent, a person must reside In the Service Area, not be eligible for coverage
and/or covered under Extended Benefits (or coverage similar thereto) of any other health plan and be:
r„ a This a
l pOVa Of a Subscriber;
wYx, A deperrderrl unmarried natural child, foster child, stepchild, legally adopted child or child under Subscriber's
leg guardianship, residing with Subscriber or with Subscriber's present a former spouse in the Service
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Area who Is (a) under nineteen (19) years of age, or (b) under twenty-three (23) years of ape, Primarily
Dependent on the Subscriber for financial support and Attending a stale accredited college or university,
trade or secondary school on a full time balls, which has, in writing, verified said attendance or;
c . A dependent unmarried natural child, looter child. stepchild, legally adopted child, or childunder Subscriber's
ff legal guardianship, rosiding with Subscriber of with Subscriber's present or former spouse in the Service
Area who Is nineteen (10) years of age or older but incapable of self-sustaining employment because of
mental retardation or physical handicap commenced prior to age nineteen (19) (or Commenood prior to
age twentydiree (23) if such child was attending s recognized college or unlvers ty, trade or secondary
school on a full time basis when such incapacity occurred) and Primarily Dependent upon the Subscriber
for support and maintenance. Such dependent child must have been a Member either prior to attaining
nineteen (19) years of age or twenty-three (23) years of age under the conditions of the previous sentence.
Subscriber shall furnish SANUS TEXAS proof of such incapacity and dependency within Ihirty-ons (31)
days before the dependent child's attainment of the limiling age and from time to time thereafter as SANUS
TEXAS dome appropriate
d . Maternity care benefits will be extended to a Subscriber's unmarried Dependent child, No benefits are
provided for the infant child d he Subscriber's unmarried Dependent child unless the Want child of the
unmarried Dependent Is otherwise eligible for coverage by the Subsaibor, If such Intent child is eligible
for coverage by the Subscriber, such coverage will be available as described In Section ILA of this Agrao•
ment provided appropriate notices end premiums have been timely.
B. When Subscriber Coverage Becomes Effective
1 . During Group Enrollment Period: Each Eligibe Employee who applies for membership in the Plan by submit-
ting an Application during a Group Enrollment Period shall become covered under the Plan as a Subscriber
o*i the Effective Oslo provided such Employee Is Actively at Work on a full-time basis on that date, otherwise
II will begin the first day this requirement Is mel.
2• Other Than During Group Enrollment. Each Eligible Employee who first meets the eligibility requirements of
Section ILA other than during a Group Enrollment Period may enroll within thirty-one (31) days of meeting
such requirements by submitting an Application, Such employee shall become covered under the Plan as
a Subscriber on the first day of the month following enrollment provided that the premium applicable to the
Subscriber has been received in accordance with this Agreement and further provided that such Employes
must be Actively at Work on such day, otherwise coverage shall begin the first day this tequirement Is met.
C. When Ofpendsnt Coverage Becomes Effective
I . On Date Subscriber Becomes Covered: An Eligible Dependent for wham the Subscriber has applied for member.
ship In the Plan by submitting an Application In accordance with Sections It A and 11.9 shall become covered
under the Plan as a Dependent on the Eftec,lve Date, provided any Dependent Confined st home, in a Hospital
or other medical Institution on the day that person would otherwise become covered wtl become Covered on
the first day such dependent is non-conflned No Dependent can be Covered before the date the Employee
becomes Covered If the Employes did not become covored solely because he did not most the Acllvelyat-
Work requirement stated In Section II6B, his Eligible Dependents who otherwise moot aI requirements will
become covered on the day the Employee becomes covered after having met the Activetyat•Wak requirement.
2• Newly Acquired Dependents; Dependents First Becoming Eligible Other Than During Group Enrollment; I
a. A newly acquired Eligible Dependent other than a newtvn child, and an Eligible Dependent who find
meets the etlibitity requfremernls of Soction II.A other than during a Group Enrollment Period and has
an Application submitted on his behalf within thirty-one (31) days of meeting such requirements shall be
covered as of the first day on which he meals such requirements, provided any Dependent confined At r
home, In a Hospital or other medical Institution on the day that person would otherwise become covered
Willi became covered on the first day such Dependent Is non-confired.
b. Newborn chl of Subscriber andlor Subscriber's spouse shall be Covered under the Plan for in Initial
period of thirty-ona (31) days from the date of birth, and shall continue to be to covered after that time
only 0, prior to the expiration of such thirty-one (31) day period, Subscriber notifies SANUS TEXAS with
an Application submitted for such newborn child and any premiums required are pad as of the first day
of the month in which the now enrollment Is effective, and In accordance with Sectkxl VI.A.
c . A newlyy ad
p led child, Including a newborn, shall be covered under the flan AS 0 he were a newly ac-
quired Eligible Dependent. The thirty-one (31) day grace period fa submission of an Application shall com-
msrks on she earlier of the date upon which such child commences residence with the Subscriber or
when the adoption becomes fegal, and coverage shall begin on such earlier data provided the Application
Is submitted on a timely basis.
0. Coverage on Effective Date
In the event an employee or dependent has satisfied the eligibility conditions In Section II of 1Ns Agreement
on the date that coverage under this Agreement becomes effective, such person shall, as of that date, be
covered under this Agreement, SANUS TEXAS, however, shall not be required to cover, arrange for, u other-
wise be Noble la services rendered prior to the Effective Dale or for such confinement or services net covered
under INs Agreamenl, Including those services covered under Extended Benerts coverage of any other health
plan as described In Section II.A.
GSA-AM870 q
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E Change of Group Eligibility Criteria
The composition of tho Group and requirements determining etigibltlty for membership In the Group and for
participation In medical and hospital care benefits arranged by the Group are considerations malarial to the
execution of this Agreement by SANDS TEXAS. During the term of this Agreement rte change In the Group's
eligibility or participsi0on requirements shall be permitted to affect eligibility or enrollment under this Agree-
ment In any manner deemed adverse by SANUS TEXAS unloss such change u effected by mutual written
Agreement between the Group and SANUS TEXAS
F Persons not Eligible for Membership
Notwithstanding the foregoing provisions of this Section II;
1 . Membership Previously Terminated No person shall become a Member who has had coverage terminated
under any SANUS TEXAS prepaid health care plan for reasons described in Section III.A(6), subparts
a, b, c, a or f.
2. Indebtedness: No person shall become a Member if such person has unpaid financial obligations to SANUS
TEXAS or any Participating Physician, Hospital or Provider arising from prior membership in a health care
plan.
0. Notification of Ineligibility
A condition of participation in the Plan is Subscribor's agreement to notify SANUS TEXAS of any changes
In status that elect his Dependents' ability to meal the eligibility criteria set forth In Section II.A(2).
H. Clerical Error
1 . Clerical error shall not deprave any individual of coverage under this Agreement provided that an Appl"-
tion has been completed and submitted tothe Group withinlhirty-one (31) daysfrum thedalethe employee
of dependent was first eligible to onroll in the Plan and all appropriate premiuma are paid to SANUS TEXAS.
2 Failure to report the termination of coverage shall not continue such coverage beyond the date 11 15 scheduled
to terminate according to the terms of this Agreement.
3. Upon discovery of a clerical error, an appropriate adjustment shall be made, However, no such adjust-
ment In lees or coverage shall be granted by SANUS TEXAS 10 the Group fa more than sixty (60) days
of coverage prior to the date SANUS TEXAS was notified of such clerks! error. i
I. Eligible EmpioyN
No Eligible Employee of Eligible Dependent will be refused enrollment of re-enrollment because of health
status, requirements for health services of the existence of a pre-existing physical or mental condition, In.
cluding pregnancy, at the time of his effective data of coverage so long as the conditions In Section II.A of
this Agreement are met, and all applicable payments are made on a timely basis
Ill, TEAMINATION
I ~
A, Termination of Member
I . No coverage will be provided to any Member it the Group }alb to pay the premium Ior the first month of this
Agreement. This Agreement may be terminated Ior nonpayment of premium d the Group falls 10 pay premiums
for the second or subsequent months by the and of the thirty (30) day grace period. If so lerminaled, a Member's
■ termination Date shall be the last day lot which premiums have been paid and the Member shall be liable
for the cost of services received subsequent to the Termination Date.
2. The coverage of any Member who ceases to be eligible under Section 1).A of this Agreement shall terminate
on the date such eligibility ceases. This paragraph also applies to a Dependent of a Subscriber who lost his
eligibility, for whatever reason, Including the death of the Subscriber,
3. For coverage purposes, a Subscriber's employment will be considered to lerminate when the Subscriber is
no longer actively engaged in work on a futHime basis for the Group.
4. If the Member is an Inpatient on the Termination Dale of this Agreement, benefits will terminate for such Member
at 12 01 a.m, on the day next following the Termination Date.
S. Except as expressly provided below and elsewhere In this Agreement, coverage for a Member may be let-
mingled by SANUS TEXAS upon a sixty (60) day prior written notice.
f 6. In the case of;
a, Nonpayment of amounts due by the Member under this Agreement, coverage may be cancelled after not
less than a thirty (30) day written notice, except no written notice will be required for failure to psy premium;
or
b. Fraud or misrepresentation by Member, except as described in this Agreement, coverage may be cancell•
ad after not less than a fifteen (15) day written notice. provided that unless the misrepresentation made
by a Memberwas fraudulent orunless it was material to the risk assumed by SANUS TEXAS andconfairi-
ed in in spplicallon, a copy of which has been given to subscriber, the above provision will not be enforc•
ed alertwo(2) years from the time Such Member's coverage becomes eleclive under this Agreement; or
GSA-AB-0987D g
I~
1
C. Fraud by a Member in the use of services or facilities, coverage may be cancelled char not less than
a fifteen (15) day written notice; of
d. Failure of a Member to meet eligibility requirements, coverage may be cancelled Immediately, subject
to the continuation of coverage and conversion provisions of this greemenr or
Q. Misoonducl by a Member detrimental to safe plan operations and the deliveryof seMcea, coverage may
be cancelled Immediatey; or
f, Failure of tM Member and Panicfpati Physician to establish a Satisfactory Patient-physician refatlon-
ahip it It Is shown that SANUS TEXASas, In good faith, provided the Member with the opportunity 10
select an alternative Participating Physician, the Member is notified In writing at least thirty (30) days in
advance that SANUS TEXAS considers the Patienl-physician relationship to be unsatisfactory and
tho changes that are necessary In order to avoid termination and the Member has failed to make such
changes, coverage may be cancelled at the and of the thirty specifies
g, Refusal of a Member to accept recommended procedures or treatment as described in V,A of
this Agreemenl, the Member's coverage may be cancelled after not less than a thi Section ti
rtY(30)doywrinennolke.
8. Termination of Group
1 , This Agreement may be terminated by either SANUS TFXA9 Or the Group upon written notice to the other
party at toast sixty (60) days prior to the Anniversary Date, Such termination shall occur at midnight of the
y preceding the Anniversary Date. In the event no such notice Is given, this Agreement shall continue in
effect for another Contract Year unless terminated pursuant to other provisions of this Agreement.
2. The Group may be terminated in the case of:
a, Nonpayment of premium at the end of the thirty (30) day grace period and. If so terminated, all coverage
will be cancelled as of the last day for which premium has been paid; or
b. Fraud on the part of the Group, all coverage may be cancelled, after a fifteen (t5) day written notice.
i
C. Coverage Under Momative Heath Senerits Plan,
If the Subscriber becomes covered under an Alternative Health Ssnefils Plan, his and his Dependent's coverage
under this Agreement shall automatk;affy terminate as of the dole upon which his coverage
under the Aftematiw Health Benefits Plan, becomes oHedHs
D. Notification of Members' Ineligibility.
Group shall notify SANUS TEXAS within fifteen (15) days after Member ceases to be eligible for benefits under
this Agreement. Failure Io do ao will make the Group liable for any expenses Incurred by the Plan, whether or
not paid, due to the Group's failure to notify. I
E. Refunds/Credits,
If the coverage of a Member Is terminated, premium payments received on account of the terminated Member
& Wicable to perlods after the effective date of termination Shan be refunded of credited to of-the
at SANUS TEXAS,
Sole option, within thirty (30) days, and neither SANUS TEXAS nor the Group shall have any further liability under
this Agreement with respect to such Member. The maximum refund or credit allowable Is equal to two
of premium applicable to such terminated Member, which shall include the month during which SAN(2) TEXAS J
Is notified In writing of such termination and the next previous month, if applicable. Any claim for refund or credit must or Otherwl a sue eh c a ms slap Sixty smed waived
the eNeaive dais of termfnalien of the Member's coverage
IV. SPECIAL RE :EMENTS FOR MEMBERS COVERED UNDER MEDICARE
A. SANUS TEXAS shalt be primary insurer when s Subscriber ath 6
by the Group. SANUS TEXAS shall be Insurer for the S o se of enrolled in Medicare employed
Group when such s primary pease I a Subscriber who is employed
pease Is a Dependent, is enrolled In Medicare and Is age 65 or older. by the
8. SANUS TEXAS shah be primary insurer, as oompared to Medicare, for a period of rat less than nine (9) months
and no greater then twelve (12) months for Members who have become entitled io Medicare eWely on the basis
of end alage renal disease. Said twelve (12) month period begins
course of dialysis Is Initiafed; or (2) In the case of an Individual who recceives a kidney tars sn plant, the first month
In which the Individual became entitled to Medicare.
C. When a Member is entitled In Part A and/or Part 8 of Medicare and Medicare is the primary insurer, SANUS TEXAS
chap pay on behalf W ouch Member all Madkare deductible and co•Insurence payments for Servlcas provided
l which meal the requlpmenb set forth in this Agreement The Member shell remain liable, however, for the
COpaymenfs and deductiDls set both In the SANUS TEXAS Schedule of Benefits and any Riders IMrafo. If such
Member la Niglple fa MAd cafe pan handler pa t B put has rat eloped such coverage, his claims shall be handM
ed s though the Member had elected such Medicare coverage.
V. REFUSAL TO TREATMENT: EXCESSIVE TREATMENT
A. Certain Members may, for personal reasons, refuse to accept procedures or treatment recommended by a Par•
ticipating Physician andlor Provider. Participating Physician and/or Provider may regard such refusal to accept
their recommendations a Incompatible with the continuation of their Physician-patient and/or provider-patient
GSA•AS-0M?D S
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retalionship and as obslrucling the provison of proper medical care, If a Member refuses O accept such recom-
mended treatment or procedure and the Participating Physician and/or Provider at no professionally
acceptable alternative Irealmenl M procedure eKi believes ch
sts, such Member Shall be M advised, still refuses
to accept recommAgndrW Irereement. alman1 or procedure, then the Member If the Member
0n Iept the h of this A
1
maybe ferminated in accordance with Sec.
l B. It two (2) or more Participating Physicians who have rendered care 10 a Mamber inform SANUS TEXAS that the
Member is recefv rig health services or pro scr ption medications in a manner or in a quantity which is not Medical.
l~ Necessary or not medically berteliclet, the Member may be required by SANUS TEXAS to select a single Par•
ucipating primary Care Phys,cian (hereafter referred to as a 'Coordinating Health plan physician") and a single
Participating Pharmacy for the provision and coordination of all future health services,
If the Member fails to voluntarily select a Coordinating Health Plan physician and a single Participate Ph
within thirty (30) days of written notice by SANDS TEXAS or the need to do so, SANDS TEXAS shall designate
a Coordinating Health Plan Physician and a Participating Pharmacy for the Member,
Following selection or designation of a Coordinating Health plan physician for a Member, coverage
services set forth in this Agreement shall be contingent upon each health service being Pro
health
written referral of the Coordinating Health Plan Physician for that Member.
or for through
If After Sixty(60)days from inRial notification by SANUS TEXAS, the Member is not in compliance with this Section
V B. the Member may be terminated by SANUS TEXAS.
V1. PAYMENT REQUIAEMENTS
A, Payments Due
1 The required payments 'or the services and benefits made available hereunder are set forth in the Schedule
of Rates and Premiums and shall be due and payable In advance on or before the first day of the month for
which each such payment is made or is to be made. No proration of the payments will be made with respect
to Members whose coverage under this Agreement commences after the first day of a month,
2. COpayments are due and payable to the Physician and/or Provider at the time a service Is delivered, The max.
Imum amount of Copaymenl for Basic Plan Benefits in any calendar year wit) not exceed SWIVe any Member,
$1300 for any family with oNy two (2) Members or St500 for a Subscriber and his Dependenle; provided,
however, that no Copaymenl wilt exceed fifty parcanl (Spay) or the cost of services paid fo a Partic0difinq PI
clan aProvder,iredt and that i
be n paid ro by eve the nt will the maximum amount of Copaymenl exceed two 2 1; 1
MemDemt requo Subscriber and Group for such Su scriGer and his 0e
ual
ponSbility to retain receipts end to notify SANUS TEXAS u mesthe Is the
so that adddipnel services will be prov dad without a Co pa pon attaining the Copaymelnl limit
for
rnenls take into actcount determmined
pert nCopj ingg 10 any Rrelate ider a nlhah8as c Plan Benefits onfy,oend ihalmnol
3, Any payments required for newborn children who meet the requirements of Section 11 C(2Xb) of this Agree.
ment shall be initially payable to SANUS TEXAS on or before the first day d the month next following the
month in which the Application required under Section 11 C(2Xb) is submitted to the Plan. Such Initial payments
shall ebe retroactive n s with restopect to the firer such day of newborn the child month in
payment with res which such child's date of birth occurred. Thereafter, all
shall be made as otherwise required a. , Interest on fate premiums from the dale such premiums were due will be charged at a at hrnor to exceed
the maximum allowable by law, Unpaid interest will be due and payable upon notice thereof to Group from
SANUS TEXAS,
8. Change of Rates
~J SANUS TEXAS shall have the righl to change the rates and premiums payable hereunder i which
O as any acc r
o
rou dance wit(in Sect oncVIII B(2) of this Agre menj d at least sixty (60) days prior toe change in rates) or(ii)!n acror•
VII. IDENTIFICATION CAROS
A. SANUS TEXAS shall issue Identification cards for the Members
B. POSSesson of a SANUS TEXAS identification card In and of itself confers no rights to services or other benefits,
The holder of the card and the name on the card must be the same and the holder of the card must be, In feel,
A Member on whose behalf all
applicable charges under this Agreement have actually been paid. Any person
re"KIng services or other benefits to which he is not entitled pursuant to this Agreemenl, through use of a SANUS
TEXAS identification card or otherwise, shall be chargeable therefor at IN 'al fuel cost Of services rendered, it
any Member permits the use of his SANDS TEXAS Identification card by en other rson, any d andIrmi Invalidated b
terminated in aCCOrted yvShNUS TEXAS, and all rights of Such Membr pursuant10 this Agreement t may be
Section III A of this Agreement.
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Vlll. TERM AND AMENDMENT OF AGREEMENT
A. Term
This Agr6ement shall remain In effect for the first Contract Year and thereafter for successive Contract Years unless
sooner terminated as provided herein.
B. Amendment
i
1 , This Agreement maybe amended at any time, without the consent of the em rs, or any other person av
Ing a beneficial interest In it, upon written request msde by the Group and agreed to by SANUS TEXAS, Any
such amendment sha!1 be without prejudice 10 any claim arising prior to the dale of such amendment.
2, SANUS TEXAS may after or revise the terms of this Agreement andla any Schedule of Benelils or Riders
attached hereto Including the Schedule of Rates and Premiums. In the event of such alteration or revision,
SANUS TEXAS shall give ilia Group at least sixty (60) days prior written notice, which nolke shall be con-
sldered to have been given when mailed to the Group at the address shown on the records of SANUS TEXAS.
The allocation or revision shall become effective on the dale contained in the notice, unless the Group pro-
video written notice within fifteen (15) days after the giving of notice by SANUS TEXAS of his intention to ter-
minale this Agreement.
IX. HEALTH CARE SERVICES
A. Benefits and Services
1 . SANUS TEXAS agrees to arrange for the provision of the benefits and services in the Schedule of Benefits
and Riders, in accordance with the procedures and subject to the limitations and exclusions specified In such
Schedule of Benefits and Riders and in this Agreement.
2. Unless referred In writing by a Participating Primary Care Physician (a by a Participating Specialist Physician
with the concurrence of the responsible Participating Primary Care Physician), and except In caws of Medical
Emergency, benefits and services set forth In Section II of the Schedule of Benefits and any Riders that are
1 rendered bya Participating Physician other than a Participating Primary Care Physician shall not be covered.
3. Unless previously authorized In writing by a Participating Physician and by the Medical Director and except
in cases of Medical Emergency, all benefits and services set forth in Section ti of the Schedule of Benefits
and any Riders shall be available and covered only when provided by a Parlicipwing Physician, Participating
f Hospital or by another Presider under contract with SAN63 TEXAS to provide health care services to Members,
j 4. In cases of Medical Emergency, Members shall be entitled to the benefits and services am forth In Section
III of the Schedule of Benefits
8. Services Excluded from Coverage
Members shell not be entitled to the services sal lath in Section IV of the Schedule of Benefits unless specifically
covered by a Rider to this Plan.
X. LIMITATIONS
The rights of Members and obligations of SANUS TEXAS, Participating Physicians, Participating Hospitals and Pro-
viders undef this Agreement art subjed to the following limitations:
A. Major Disaster of Epidemic 1
1
11 the event of any meta disaster or epidemic that would severely limit the ability of Participating Physicians, Pro-
viders andlof Hospitals to provide health care services on a timely basis, Participating Physicians, Participating Hospitals
and Providers shall, in good laith, use their best eNorls to render the benefits and services covered insofar as practical
according to their best judgement end within the limitation of such facilities and personnel as arc then Available, It
SANUS TEXAS, Participating Physicians, Participating Hospitals and Providers shall have, In good faith, used their
best efforts to render benefits and services In the aforesaid manner, they shall have no further liability or obligation
for delay a failure to provide such benefits and services due to a shortage of available facilities or personnel resulting
1 from such disaster or epidemic.
B. Circumstances Beyond SANUS TEXAS or Participating Physician or Provider Control
In the event that, due to clrcumstances not reasonably within the control of SANUS TEXAS, Participating Physicians
of Providers such as the complete or partial destruction of facilities because of war, flol, cMI insurrection, or the disability
of a significant number of Participating Physicians of Providers, or similar causes, the rendering of benefils and ser•
vices covered hereunder is delayed or rendered Impractical, neither SANUS TEXAS nor any Participating Physician
a Provider shall have any liability or obligation on account of such delay or such failure to provide such bonelils and
services if they shall have, In good faith, used their best efforts to render the benefits and services covered insofar
as preelkel according to their best judgement and within the limitation of such facilities and personnel as are then
available.
C. Limitations as Set Out in the Schedule of Benefits
The benefits provided under IhisAgresmenl are afsolimhed by the limitations and exclusions as selout In the Schedule
of Benefits.
I
GSA-AB-N$70 8
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D Non-Covered Services.
SANUS TEXAS shall not be responsible for the Mimbursement for services or treatment of complications that result
from any non-covered service, procedure or Ireatmanl. SAN US TEXAS shall not be responsible for prescriplion drugs
and/or medications related to any nOn-cOVered service, procedure or treatment.
XI. CLAIM PROVISION
A, Reimbursement of Claims Paid by Members
It is not anticipated that a Member will make payment, other than the Copaymente and Deductibles required hereunder,
to any other person or Institution providing benefits and services which are covered under this Agreement; provided,
however, that it the Member furnishes to SANUS TEXAS written proof that he has made payment to Such person
or institution with respect to benefits and services covered under this Agreement, payment with respect to said serv•
ices will be paid to the Member, but without prejudice to SANUS TEXAS' right to seek recovery of any payment made
by it before receipt of such evidence. Claims must be in writing but need not be in any particular form, A letter accom•
panied by invoices describing the services provided will normally be sufficient.
8 Proof of Claim
If a charge (other than as specified in paragraph C below) Is made to a Member fa any benefits and Services which
are covered under this Agreement, written proof of such charge must be furnished to SANUS TEXAS within six (6)
months after the performance of the service.
C. Pharmaceutical Services
If this Agreement provides coverage for outpatient prescription drugs subjocl to cedsin deductibles, It is the Member's
responsibility to retain receipts for covered drug payments. Any claim for rein bursement most be made in wMing
to SANUS TEXAS and accompanied by relevant receipt within six (6) months following the end of the calendar year
in which the covered expense is I,tcurred.
D. Emergency Care Services
payment or reimbursemen; of Emergency Care services (see Schedule of Benefits Section III for a description of covered
E
mergency Care services) provided by Physicians, Hospitals or Health Professionals that have not contracted with
SANUS
serv ce basiissubjecct to aprovide
mservices aximum ai ow D epee and subject 10 payments, Oodcllibies and excllus on$ set out
in this Agreement, as well as the following additional condition/
1. The Member and Provider must notify the Plan or his Participating Primary Care Physician of his condition and
l the service arrangements within f,xtyeight (48) hours after the onset of the Medical Emergency and receive authoriza-
tion for continued services, if indicated, It the Member's physicatCondition does not permit such notification within
I the prescribed time, he must make the notification as soon as it is reasonably possible to do so,
2. The claim for reimbursement must be made In writing within sixty (60) days of the onset of the Medical Emergency
for which payment is requested, accompanied by invoicts or other appropriate evidence of payment.
E Failure to Furnish Proof of Claim
Failure to furnish proof within the required time established in paragraphs B And C of this Section shall not Invalidate
or reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished
as won as reasonably possible. A)I Such charges will be paid within sixty (60) days of receipt of written proof covering
the occurrence, character and extent of the event for which claim is made unless the Member is notified of the need
for a longer time pursuant to paragraph 0 of this Section.
F. Examination
SANUS TEXAS, at it own expense, shall have the right to examine the person whose sickness or Injury is the basis
of a claim when and so often as it may reasonably require during the pendency of the claim.
Y 0. Action on Claims
i Claims will be acted on within sixty (60) days unless the Member is notified of the need for a longer time, It a claim
ya is denied, a wrinen notice will contain the reason for the denial,
H. Review
If a claim is denied, a Subscriber may obtain a review of the denial through the Member Complaint Resolution Pro-
Codufs (Sea Section XIV),
t , No action at law or equity shall be brought under this Section against SANUS TEXAS: (t) p lot to the expiration
of the AWy (60) day period immediately following the dale on which written proof of IM charge or lots upon
which the action Is brought has, to accordance with the provisions of this Section, been furnished to SANUS
TEXAS; or (ii) later than three (3) years after the expiration of the period of time In which such proof of charge
E rbr„ or IM Is required under this Section to be furnished to SANUS TEXAS.
111: No liability shall be imposed upon SANUS TEXAS other than for the benefits and services specifically covered
hereunder.
I 70 9
i
I
Xil. COORDINATION OF BENEFITS AND SUBROGATION
if any benefits to which a Member Is entitled under this Agreement are also covered under any other Health Care
Plan, the benefits payable under another Health Care Plan Include the benefits that would have been payable had
a claim been duly made therstor. This provision does not apply to Individual coverage or Medicaid,
A. For purposes of this Section only, the following words and phrases shall have the following meanings,
I . "Allowable Expenses" means any necessary, reasonable and customary !tam of expense at least a portion
of which Is covered under at least one of the Health Care Plans covering the person for whom claim is made,
When a Health Care Plan (including this Plan) provides benefits In the form of services, the reasonable cash
value of each service rendered shall be deemed to be both an Allowable Expense and a benefil paid
2. "Health Care Plan" means any of the following (including this Plan) which provide benefits or services for,
or by reason at, medical care or treatment:
a. Coverage under government programs, Including Medicare, required or provided by any slatule unless
coordination of benefits with any such program is forbidden by law,
b , Group coverage, including automobile insurance, individual coverage or any other arrangement of coverage
for Individuals Ina group, whether on an Insured or uninsured basis, including any prepayment coverage,
- group practice basis or Individual practice coverage and any coverage for students which is sponsored
by, or provided through, a school or other educational institution above the high school level.
The term "Health Care Plan" shall be consdued separately with respect to:
(i) Each policy, Contract or other arrangement for benelils or services.
(ti) That portion of ary such policy, contractor other arrangement which reserves the right to take the benefits
of other Health Care Plans Into consideration In determining its benalts and that portion which does not.
B. SANDS TEXAS shall have the right to coordinate benefits between thh Plan and any other Health Care Plan
covering the Member.
The rules establishing the order of benefit delerminalion between this Plan and any other Health Care Plan
covering the Member on whose behalf a claim Is made are as follows:
1 , The benafits of a Health Care Plan which does not have a "Coordination of benefits wish other health plans"
provision shall, In all cases, be determined before the benefits of this Plan.
2. 11, according to the rules set forth in Paragraph C of this Section, the benefits of another Health Care
Plan that contains a praAslon coordinating its benefits with this Plan before the benefits of this Plan have
been determined, the benefits of such other Health Care Plan will be considered before the determination
of beneiits under this Plan.
C . Rules aslsbtishing the order of benefit determination as to a Member's claim fa the purposes of Paragraph
8 of this Secton are as follows:
I . The benefits of s plan which covers the person on whose expenses claim is based other than as a depen-
dent shall be determined before the benefits of a plan which covers such person as a dependent.
2. The benefits of a plan which covers the person on whose expenses claim Is based as a dependent of
a person whose date of birth, excluding year of birth, occurs earlier in a calendar year, shall be determin-
ed before the benefits of a plan which covers such person as a dependent of a person whose date of
birth, excluding year of birth, occurs later In a Calendar year. If either plan does not have the provision
of this paragraph regarding dependents, which results either in each plan determining Its benefits before
the other, or each plan determining its benefits aher the other, the provisions of this paragraph shall not
apply, and the rule set forth in the plan which does not have Iha provisions of this paragraph shall deter-
mine the order of berterds; except shat In the case of a person for whom claim is made ass dependent child.
(I) When the parents are separated or divorced and the parent with custody of the child has not remar.
tied, [he benefits of a plan which coy s the child as a dependent of the parent with custody of
the child will be determined before the benefits of a plan which covers the child as a dependent
of the parent without cmlody.
(B) When the parents are divorced and the parent with custody of the child has remarried, the benefits
of a plan which covers the child as a dependent of the parent with custody shall be determined
before the benefits of a plan which covers [hat child as a dependent of the etepparerd, and"
benefits ols plan which caers ihst child as a dependent of the stepparent wit be determined before
the benefss of a plan which Covers the child as a dependent of the parent without custody.
(Iii) Notwithstanding Subparagraphs (i) and (iij of this Paragraph, when the parents are divorcod or
separated and [here Is a Court decree which would otherwise establish flnanClal responsibliity for
the medical, dental, or other health care expenses with respell to the child, the benefits of a plan
which covers the child as a dependent of the parent with ouch financial responsibility shall be deter.
mined before the benefits of any other plan which covers the child as a dependent child.
3. When paragraphs;l) and (2) do not establish an order of benefits determination, the benefits of a plan which
has covered the person on whose expenses claim Is based for the'longer period of time shah be determined
before the benefits of a plan which has covered such person the shorter period of time, except that
GSA AB09h7D 10
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rq The benefits of a plane overing the pc son on whose expenses claim is based as a la+doff or, etired employee
or as the dependennl of such person small be determined aher the benefits of any other plan covering such
person as an employee other than as a laid-off or retired employee of a dependent of such person; and,
(ii) it either plan does not have a provision regarding laid-olf or retired employees and, as a result, each plan
determines its benefits after the other, then the provisions of subparagraph (i) of this paragraph do not apply,
D When any benefits are available as primary benefits to a Member under Medicare, Medicare will be determined
first and benefits available under this Plan, if any, will be reduced accordingly.
E. If a Member who has enrolled under this Plan is entitled to impatient benefits under another contract or policy
of insurance due to inpatient care which began while the Member was enrolled under a prevlously held policy,
SANUS TEXAS will pay, subject to Copsyments under this plan, the difference between entitlements under this
Plan and entitlements under the other contract or policy of Insurance.
F, Benefits which are provided directly through it specified provider of an employer shall in all cases be provided
I before the beneihs of this Plan.
G. Services and benefits for military service connected disabilities for which a Member is legally entitled and for which
facilities are reasonably available, shall In all cases be provided before the benefits of this Plam.
H. For purposes of this provision, SANUS TEXAS may, subject to applicable confidentiality rrTuiremenls set forth
/ in this Agreement, release to or obtain from any insurance company or other organization nxessary Information
under this provision. Any Member claiming benefits under this Agreement must furnish, to SANUS TEXAS all in-
formation deemed nxessary by it to implement this provision.
I. None of the above rules as to coordination of benefits will serve as a barrier to the Humber first receiving direct
health services arranged by SANDS TEXAS which are covered under this Plan except as specifically stated In
Paragraph Q of this Section,
J. Whenever payments have boon made by SANDS TEXAS with respect to Allowable Expenses in a total amount,
at any time, in excess of 100% of the amount of payment necessary at that time to satisfy the intent of this Section
XII, SANDS TEXAS shelf have the right to recover such payment, to the extent of such excess, from among one
or more of the following as SANUS TEXAS shall determine! any person or persons to, of fa, or with respect to
whom, such payments were made; any insurance company or companies; or any other organization or organize-
tons to which such payments were made.
K. Worker's Compensation.
All sums payable for services provided pursuant to worker's compensation shall not be reimbursable under this
Agreement.
L. Member's Cooperation (Medicare)
Each Member shall complete and submit to SANUS TEXAS such consents, releases, assignments and other
documents as may be requested by SANUS TEXAS in order to obtain or assure reimbursemenl under Medicare.
Any Member who fails to swell under Part B and, if eligible, Part A of the Medicare program, will be liable fu
the amount of funds SANUS TEXAS would have nective l had Member so enrolled.
M. Acts of Third Parties (Subrogation).
Plan services shall be provided to a Member due to the act of omission of another person However, if the Member
Is entitled to a recovery from any third-party with respect to those services such Member shall agree in wrih%
- ! t . To reimburse SANUS TEXAS to the extent of the usual and customary charge Ihs! would have been charged
to hoe Injured Member for health care services hereunder it the Member were not covered under this Plan.
Such reimbursement must be made immediatedly upon collection of damages for hospital or medical expenses
by the Member whether by salon at law, settlement or otherwise.
2. To provide SANUS TEXAS with a lien against any third party recovery for hospital or medical expenses to I
the extent of the usual and customary charge that would have been charged to the Member for health care
services in the absence of coverage under this Agreement, Such lien may be filed with the person whose
act caused the injury, such person's agenl or the court.
N. Facility of Payment.
Whenever payments which should have been made under SANUS TEXAS coverage In accordance with this pro.
vision have been made under any other Health Care Plan, SANUS TEXAS shalt have the right, exercisable in
Ns sole discretion, to pay over to an organization making such other payments any amounts 0 shall determine
10 be warranted In order to satisfy the Intent of this Section XII. Accounts so paid by SANUS TEXAS shall be deemed
so be benefits paid under SANUS TEXAS coverage, end to the extent or such payment, SANUS TEXAS shall be
fully discharged from liability under Ibis Plan.
0. Dlsciosura.
Each Member agrees to disclose to SANUS TEXAS at the time of enrollment, at the time of receipt of services
and benefits, and from time to time as requested by SANUS TEXAS, Social Security number, birthdafe, employ-
ri end the existence of other Health Care Plan coverage, in regard to which the identity of the carrier and
~g the group through whom provided will be fumished by the Member.
II ~iT""ABOges7 11
I
XIII. OPTION TO CONTINUE GROUP COVERAGE, CONVERSION PR44LEGE.AND TRANSFER N4
3 A. Continuation of Group Coverage
If under the provisions of Tiills X of the Consolidated Omnibus Budget Reconciliation Act of 1985, Public law 99272
("COBRA"), any Member Is granted the right to continuation of coverage beyond the dale his coverage would
otherwise terminate, or, if COBRA Is Inapplicable and the provisions of an applicable state statute grants such
Member similar rights to continuation of owsrage, this Agreement shall be deemed to allow oontinuatfon of coverage
to the extent necessary to earn* with the provisions of the applicable stalule Contact your employer for verifca•
lion of elgibility and procedures to follow,
B. Conversion Privilege and Transfer
t. Conversion
{ If Ihr coverage of any Member terminates for any reason other than those set forth In $action Ill a(6), Subparts
a,b,c,e, +nd f, then such Member may convert his membership to individual membership w thout furnishing evidence
of insurabOty No Member shall be allowed to convert if Member's termination results from the Group's withdrawal
from this Plim or SANUS TEXAS' lermination of the Group. In order to obtain Individual membership, any Member
eligible to o-unvart his membership must continue to reside In the Service Ara, submit a completed application
for convesion to SANDS TEXAS within thirty-one (31) days ocher the date of termination and submit premium
_ payme, ls required under such membership. The effective date of such Individual membership staff be the next
j' day to lowing the Termination Date of the Member's coverage under this Agreement,
2. Transfer of Residence
a. Transler wi;hln the SANUS TEXAS Service Area: If a Subscriber changes his primary residence within
the SANUS TEXAS service area, he must notify SANUS TEXAS within thirty (30) days of such change.
h. Transfer outside the SANUS TEXAS Service Area, It a Subscriber changes We primary residence WWI
the SANUS TEXAS service area, such change shall resuh in Ws of eligibility and the Member will be
eligible to convert without evidence of insurability to a non•SANUS TEXAS individual insurance policy
upon making application and premium payment within Thirty-one (31) days after date of termination.
XIV, MEMBER COMPLAINT RESOLUTION PROCEDURE
SANUS TEXAS sprees to investigate and endeavor to resolve any and all complaints received from Members with
regard to the nature of professional services rendered, Any Inquiries or complaints, shalt be made to SANUS TEXAS
In writing addressed as set forth In Section WC of this Agreement or by calling SANUS TEXAS at the telephone
number set forth in Section XV.D of this Agreemenl.
SANUS TEXAS Is committed to wronging lot provision of high quality medical services in a convenient and access-
ble fashion to ensure Member satisfaction with off aspects of SANUS TEXAS. On occasion, Individual Members my
hnd that:
They do not understand or agree with the policies, procedures or operations of SANUS TEXAS; or
1 They are not satisfied with some part of their treatment by providers.
It is the intent of SANUS TEXAS to resolve any such complaint as expeditiously as possible, prervraby with the source
of any such dissatisfaction.
{ In order to achieve SANUS TEXAS' goal of ensuring Member satisfaction and to resolve any Complaints that may
occur, SANUS TEXAS has implemented a Member Resolution Procedure. The objectlves of this Procedure wr.
A. To provide a clear procedure for complaint resolution that Is easily understood try Members;
- B. To facibtals an expeditious solution of all complaints;
0. To acquire feedback to That any recurring problems may be corrected; and
D. To provide management Information so that Member selisfaction may be measured end competed to SANUS
TEXAS' service slandetde•
Members of the Plan are encouraged 10 communicate any question or concern directly to the Participating Physician,
Provider or staff member rendering servico in order to Immedialely resolve the issue.
Specifically, the Member Complaint Resolution Procedure involves the following steps:
1 . An Informal Complaint.
An informal complaint is any complaint that cannot be resolved to the Member's satisfaction after speaking
directly with the Participating Physician, Provider or other concerned party. A Member shall also haw, the
right to contact the Quality Assur"s Coordinator directly with any Informal complaint et the addiou and
telephone number of the
SANUS administrative office, as specified in Sections XV.C and XV.D. A Member
may lodge an informal complaint over the Telephone or in person. When an Informal complain: is made, the
Quality Assurance Coordinator will atlempt to resolve the complaint within thirty (30) days.
2• A Formal Complaint.
Each Member has the right to submit a complaint or suggestion in writing no later than thirty-one (31) days
either from the decision regarding an Informal complaint of from Qre date of the occurrence of the irl-
cadent. A written Member Complaint Form may be oblained from the administrative office either through the
mail or by coming to the office of SANUS TEXAS. The Quality Assurance Coordinator, who has
overall responsibility for admin;sterimg the Member Complaint Resolution Procedure, will Corr
GSA-AM8?D 12 h c a
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tact the Member in writing, acknowlydging recapl of the letter, ventying the facts of the Complaint, and advis-
ng the Member of when to expect a written response.
After investigating the complaint and once a resolution has been reached, the Quality Assurance Coordinator
will draft a written response to the Member within Wrtyone (31) days of receipt of the written complaint. If
the complaint has not been resolved within the initial thirty-one (31) day time frame, the Member win be advls-
ed in writing that a decision will be reached within another thirty-one (31) days.
The resolution of a written complaint shall be considered binding unless the Member seeks to appeal the deci-
sion. The Member shall be advised in writing of his right to appeal the decision.
3. Appeals Process.
If a Member is not satisfied with the decision obtained through the formal complaint procedure, he may w
quest an appeal. In order to appeal a decision, the Member must submit a written request to the Executh.4
Director within thirty (30) clays after receipt of the written resolution. The Committee shall meet within thirty
(30) days following receipt of the written appeal,
The Committee will consist of the Executive Director, the Director of Provider Relations, the Medicaf Director,
the Quality Assurance Coordinator and one Physician from the advisory board,
The Member will be advised of the decision of the Committee in writing within fifteen (15) days shot the meeting.
Such decision shall be final and binding on the parties.
4. Management Review.
The Executive Director shall review, once each calendar qua ner, the com ainl
of the appropriateness of the action laken and the elimination of the problem( llch led to the tromp aiint,
The President and Board of Dktctors shall likewiss review the compalnt reports not less frequently than annual.
A log shall be maintained by the Duality Assurance Coordinator of all written complaints and responses and
shall be retained for a minimum of three (3) years. The log shall clarify each complaint by type and shall note
the disposition of and total amount of time required to process each complaint.
XV. MISCELLANEOUS
A. Pronouns
Masculine pforouns used In this Agreement shall include both masculine and feminine genders.
B. Records and Information
1. SANDS TEXAS shall have the Nhl, of reasonable times, to examine the Group's records, Including payroll
records of employers having employees covered through the Group, with respect to stigibility and monthly
payments under this Agreement.
2. Information from medical records of Members and information received Irom Physicians a Providers or Facilities
incident to the Physcian-patient, Provider-patient or Facility-patient raferionship shall be kept confidenlial. The
information, except as reasonably necessary In connection with the administration of this Agreement, of as
required by law, may not be disclosed without the consent of Members.
3. For the purpose! 01 administering this Plan (including, without limitation, Section XII hereof), SANUS TEXAS
may, to the extent legally allowable and without further consenl of or notce to any Member, release to or
obtain from any Insurance company or other organization of person any information, with respect to any per•
son, which SANUS TEXAS dooms to be necessary for such purposes, Any person claiming benefits under
this Plan shall furnish to SANUS TEXAS such information as may be necessary to implement Section XII hereof.
4. The Application completed by Subscriber authorizes any Physician, Health Professional or Facility to make
such records, photographs or information available to SANUS TEXAS as SANUS TEXAS may reasonably re.
quasi on behalf of Subscriber or his Dependents,
' 5, Prior to admission as an inpatient for elective hospitalization or for same d y surgery, the Partcipaling Primary
Care physician must obtain preadmission certification from SANUS TEXAS
C. Notices
Any notice under this Agreement may be given by United Stales Mail, postage prepaid, addressed as follows:
It to SANUS TEXAS:
SANUS TEXAS HEALTH PLAN
8600 Freeport Parkway, Ouite 3040
t. Irving. Texas 75063
It to Group:
The latest address provided by the Group, in writing, to SANUS TEXAS.
If to Member:
The tales) address provided by the Member on forms actually delivered to SANUS TEXAS.
D. Telephcna
+ The Ildephone number of SANUS TEXAS Is (214) 929-0376; Metro: 621-8143
! Assignment
The benefits to a Member under this Agreement are personal to the Member and are not assignable or otherwise
transreroblo.
07D 13
,.Jru~aUihfy
The invalidity or unenlorceability of any term or condition hereof shall In no way affect the :-alidity or enforceability
of any other term or provision hereol,
0. Incorporation by Reference
The Schedule of Benefits, the Schedule of Rates and PrOmtums, any optional FlWers, the Application and any
amendments to any of the forsoolno attached hereto, form a part of this Agreement as if fully Incorporated herein.
Any direct conflict or ambiguity between this Agreement and the Schedule of Benefits and any Rider altached
hereto will be resolved under terms most favorable to the Member.
H. Entire Agreement
This Agreement, the Schedule of Benefits, the Schedule of Rates and Premiums, Amendments, If any, any op-
tional Riders and Application constitute the entire Agreement between SANUS TEXAS and the Group.
1. Authority
Any alteration or revision to this Agreement or the attached Schedule of Benefits and Riders must be in writing
and signed by an officer of SANUS TEXAS to be valid. No other person has the authority, to change this Agree•
ment or to waive any of its provisions.
J. Canificates of Coverage
Upon execution of this Agreement, SANUS TEXAS will deliver sufficient copies of this Agreement to the Group
for delivery by the Group to each Subscriber. Such copies shall serve as a Subscriber's Certificate of Coverage.
K. List of Providers of Services
Upon execution of this Agreement and from time to time thereafter, SANUS TEXAS will provide to the Group for
dissemination to Subscribers, a list of Participating Physicians, Participating Hospilsls, Participating Akohol or
Drug Treatment Facilities, and other Providers who have contracted with SANDS TEXAS to provide the services
and benefits covered by this Agreement
I
L. Furnishing Information 1
Any person claiming or who may claim benefits under this Plan shall facilitate the access of of lurnish to SANDS
TEXAS such information as may be necessary to implement this Agreement and SANUS TEXAS may rate"
or obtain such information as needed to implement the provlsions of this Agreement.
M. independent Agents
I . The relationship between SANUS TEXAS and Facilities Is that of Independent contractors. Facilities ars W
agents or employees of SANDS TEXAS nor Is SANDS TEXAS or any empicyee of SANDS TEXAS an employee
or agent of any Facility. Facilities shall maintain the Facility-patient rstatfonshlp with Members and shall be
the"parlies responsible to Members for the services that they provide.
2, The relationship between SANUS TEXAS and Physicians and other Health Professlonats is that of indepen-
dent contractors. Physicians and Health Professionals are nd agents or employees of SANUS TEXAS, nor
is SANUS TEXAS or any employee of SANDS TEXAS an employee or agent of any Physician or Health Pro•
fessional, Physicians and Health Professionals shalt maintain the Physician-patient or Health ProfesalonaH
patient relationship with Members.
9. Neither the Group nor any Member thereof Is the agent of representative of SANDS TEXAS, and neither shall
be liable for any acts or omissions of SANDS TEXAS, its agents or employees, any Physician, any Provider,
or any other person or organization with which SANDS TEXAS has made or hereafter shelf make arrangements
for the performance of services under this Agreement.
w r AT.
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GSA•AB4)487D 14
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SANUS TEXAS HEALTH PLAN, INC.
8600 Freeport Parkway, suits 3040
Irving, Texas 75063
■ (1111) 929-0376 or Metro (214) 621-8143
1 AMEND?LENT TO
GROUP MWERSHIP SERVICE AGREEMENT/
CERTIFICATE Of COVERAGE
In accordance with Section v1I1.8(2) of the Croup Membership Service Agreement/
Certificate of Coverage between $ANUS TEXAS and the Group, the Agreement to
hereby amended to reflect the changes Indicated below. All other terms and
conditions of the Agreement are unchanged.
A. Section Ir-C is amended by adding the following paragraph before
section 11.C(l)1
For the purposes of this Section, the following words and pbrases
shall have the following meanings
a. "Confined in a Hospital or Other Medical Institution" means
that a person is a patient and/or undergoing medical care or
treatment in a hospital, nursing home, or other medical
institution.
b. "Confined at Home" means that a person is undergoing medical
care or treatment in his Rome and/or has a conditions due
to an illness, injury or congenital deformity, which restricts
the patient's ability to leave his home without the aid of a
supporting device, or monitoring equipment, or without the
aid of another person.
1. The first sentence of Section II.C(1) is &mended to read as followas
1. On Date Subscriber Becomes Covereds An Eligible Dependent for
-l/ whom the Subscriber has applied for membership in the Plan by submitting
in application in accordance with Sections II,A and IIJ shall
become covered under the Plan as a Dependent on the effootive
date, provided that any Dependent confined in a hospital or other
medical institution on the day that person would otherwise become
covered will become covered on the first day such dependent is not
confined,
C. Section II.C(2)(4) to amended to read as follower
I a. A newly acquired Eligible Dependent other than a newborn
child, and an Eligible Dependent who first meats the eligibility
requirements of Section II,A other than during a Group Enrollment
Period and has an Application submitted on his behalf within
thirty-one (31) days of meeting such requirements shall be
covered as of the first day on which he meets such requirementa,
provided that any Dependent confined at home or confined in a hospital
or other medical institution on the day that person would
otherwise become covered will become covered on the first day
such Dependent is not confined.
j
I
n,.l Yiiw ~in~
Amendment to
Group Membership Service Agreement/
Certificate of Coverage
Page Two
D. Section III.B(1) is amended by adding the following to the end of the
paragraph:
1. In the event no such notice is given, and this agreement continues
for another contract year, the premiums will not exceed 122% of the
previous contract year's premiums.
E. Section VIII.3(2) is amended to read as follows:
2. The reason for having the language in the agreement is to permit
Sanus to change premium rates (1) on the anniversary date of the
plan; (2) if there are budget changes mandated by state or federal
law; and (3) if a group requests a change in benefits during the plan
year. Unless one of these events occurs, Sanus will not increase a
group's premiums.
F. Section II. is amended by adding paragraph J which shall read as follows:
1. Sanus agrees to provide coverage for the retirees listed on the
attached page at the rates stated. Sanus also agrees to provide
coverage for Dale Elrod or any other employee who retires before the
effective date of this contract.
2. Sanus agrees to provide coverage to former employees and dependents
who have exercised their rights under the COBRA Act for periods as
specified under the Act and at the premiums specified by the Act.
G. Section V. is amended by addi^g paragraph F which shall read as follows:
j
At the end of the contract period, or upon termination of this
1 agreement as specified, Sanus agrees to provide the City with an
unlabeled, 1600 BPI computer tape of all claims data on employees and
dependents by social security number,
CITY OF DENTON, TEXAS
RAY STEPHENS, MAYOR
I
SANUS TEXAS HEALTH PLAN, INC.
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EXECUTIVE DIRECTOR
2105a
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k ~
~MWM LMRP1iR~
CITY OF DENTON RETIREES
I' W HEALTH
PLAN
SIRTHDATE
CQ4, RS~;p
Buell, Dorothy 12-20-26
Fritz, George 05-15-21 Female Single
Hale, Walker Male Single
Magana, Jose 04-23-21 Male Spouse
Mendoza, Clarita 10-15-24 Male Spouse
Ponce, Bruno 08-23-30 Female Single
0-06-13 Male Single
Steele, James 103-15-18
Jones, Jean (COBRA) 09-06-23 Male Spouse
Female Single
II. CITY PLAN
Allred, Clifton 05-18-13 Male
Arnett, Charles 09-13-25 Hale Spouse
Castleberry, Carl 09-11-09 Male Spouse
Johns, Orain 08-16-14 Spouse
Vinson, Taylor 05-05-29 Male Spouse
Male Spouse
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092789
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_ SCHEDULE OF BENEFITS
SANDS TEXAS Membea are entitled to receive the services and baner+ts set lorth in this Schedule of 8enslos which are Medkalty Necessary and
are provided, ordered, piescr,bod or au hor,=ad by a Participating Primary Care Physician subject to the limitations, exclusions, Capilli and deductibles
specdied
1. Routine Medical and Health Services, when covered; _
Except in the case of a Medical Emergency, services an covered only C The Part,cipat nq Primary Care Physician may make referrals
I under the following conditions only to Pan,c palms; Physicians, ParliupaCrig Hospitals. Par.
I A, Each Member must select a Participating Pnmary Care Physician, Lcipatmq Alcohol or Drug Dependency Treatment Facilities and
from the directory, who will be responsible for the Member's health other Pamc,pating Health Professionals who have signed par•
needs, including coordination of ovbof-ares services and specialist hcipabng provider agreements with SANDS TEXAS, The Pan
I referrals. I+cipafing Primary Care Physician may make referrals to
B To be covered under the Plan, an services must be provided, Non-Part+c'po'mg Physicians and Non-Participal,ng Hospitals
d,rectnd or authorized by flit Participating Pnmary Care Physician and Health Professionals when such services cannot be provid-
al a Participating Facility. When Ina Member regwres care by ed by another Participating Provider. Such referrals must be in
another Physician, HosDdal, Participating Alcohol or Drug writing and approved in advance by SANUS TEXAS
Dependency Treatment Facility or other Health Professional, the D Participating Specialist Physicians may make further referrals to
Participating Primary Care Physician will make a written referral to other Phys¢nns. Hospitals, Participating Alcohol or Drug
such Physician, Hospital, Participating Alcohol or Drug Dependency Dependency Treatment Facilities and Health Preless,onals In each
Treatment Facility or Health Professional The only exception is the case they must receive the concurrence of the responsible par•
well *Oman examination provided for in Section It 1300). or as l,c,paling Primary Care Physician and follow the Same referrat pro.
otherwise expressly provided The Plan will not pay for visits to any ceduras set out in paragraphs 8 and C above.
Pr,picians. Hospitals, PaniNpating Alcohol or Drug Dependency E. When a Participating Physician determines that a Member requires
+ Treatment Facilities or Health Professionals that have ncq been admission to a Participating Hospital, tha phyycian must oblain
authorised in writing by the Pa+ficipating Primary Care Physician precemficabon from SANUS TEXAS. Length of stay will be carefully
and, when appropriate, approved in advance by SANUS TEXAS monitored to ensure that required treatment is provided in the most
The Participating Primary Care Physician will be responsible lot cost effective manner.
reviewing, coordinating and following up on any specialty or
hospital course of lrealmenl.
R, Routine Medical Benefits, Health Benefits and Comments:
Servlcea Required Copsyments
A OUTPATIENT SERVICES
1. Off" visits lot diagnosis and treatment of illness or injury. Sts per visit.
a Laboratory services None in laboratory facility.
b. Diagnostic and therapeutic radiological services in support of None in radiology facility.
other covered benNds and services (Office visit Copayment applies
c. Surgical procedures in a parbc,pa!lng Phys'c,an's Office if laboratory or radiological services are performed in
(See Section II Clip Participating Physician's office 1
d Administered drugs medications injectibles, biologicals,
fluids. red,oactive malenals, dressings, splints, casts, braces
and crutches The use of sphnts and Daces, except in use
of emergency, most W approved in advance by SANUS
TEXAS. ISee Section IV. X)
e. Obstetrical care, including pre-natsf and POST-nalal services
2. Short-form outpatient rehabilitation (t a physical If $ per visit
Iheapy) semces for acute conditions winch are Medically
Necessary, recommended by a Pan,ppating Primary Care
Physician and approved in advance by SANUS TEXAS The
acute condition must be subject to significant improvement
through short-term therapy. Short-term is defined a up IO vmiy
(60) consecutive days per medical condition, including treatment
received as an impatient under Section It 0I2) The total of out-
patient and inpatient rehabilitative services shall not exceed six•
ty (60) days per medical condition, beginning with the first date
Ot treatment
3 Outpatient or same day Inpatient Surgery services, including 5100 for each surgery in a hospital outpatient unit. day surgery I
anesthesia (See Secfidn II C(ry) unit of Ambulatory Surgical Cii
4 Services rendered in a Member's home 515 for each physician home visa
S Allergy testing IAtiargy inject....... and serum are not covered) 526 per testing visit
!I $15 per visa (all others),
6. When approved in advance by SANUS TEXAS, up to twenty $25 for each 50 minuls visit,
(20) fifty (50) minute office visits per calendar year to a pan
licipaling psych lrip, psychologist Or menial health professional
lot evaluslom or crisis mlerventi0n mental health services. (See
Section IV 01
~j Sanus Texas Health Plan, Ina
E A Health Maintenance Orgamtabon jaUM Freepon Parkway, Suite 3040
Irving, Tx J5
I Metrn: (211) 621
621-0551 TEXAS HEALTH PLAN, INC.
tow osaao -1,
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7. Atli and Drug Dependency Necessary outpatient treatment 115 per visit, (No CopaymaM for ariercaa mamtenarKe visits)
lot alcohol and drug dependency is provided on the same basis
and is subject to the same limitations. exclusions and
Copaymants as treatment V physical illness generally, AN treat-
ment must be presulhorlted by SANUS TEXAS and all care
must be provided by a participating Facility
B. PREVENTIVE HEALTH SERVICES
1. Periodic health assessments, pediatric well-baby care and None,
roads immunizations whorl deemed Medically Necessary by the
participating Primary Care Physician, The schedule and extent
of such health assessments shall be delermined by the Par-
licipoling Primary Cars Physician. Immunizations as given and
covered in accordance with acceplsd medical practice lot care
tun common communicable diseases including diptheris, par-
fusl$, measles, mumps, rubeha, poliomyelitis and tetanus,
a. Annual WelFWomsn Exam. Fems:c Members
may elect to have a gynocololi c61 snot rotated examination,
including Pap smear, perormed by any SANUS TEXAS Par•
licipaling Physician offering such axsminatn.~NOTE No Participating Primary Care Physician referral is
nosded for this exam. However, referrals are still rewired
for other gynecological proceduas.
1 b. Routine vision, spasm and hearing scanning through
years of I elude rref action eye exams, 1 Usting Olot f fitting lot hearing in,
aids.
C, FAMILY PLANNING
1. Family planning services on a voluntary basis to include history, Sts per visit plus,
physical examination, related laboratory tests and medical IUD $25 for insertion or fe4110val;
wpervisiol, in accordance with generally accsplsd medical pac• Diaphragm $25; Vasectomy 125;
tics: information and counseling on cordraception, including ad- Elective lubal ligation $25
vice on a prescription for a contraceptive method, ;See Section 11 A(3n
2. Infertility services on a voluntary basis Diagnostic testing ser• 315 Per visit.
I'I vices to determine the cause of infertility are covered. Arbhcial 50% ldr each artificial Insemination service.
insemination (patient's spouse's sperm only) is covered, All in.
fertility services rpulre preceNfolion from SANUS TEXAS
(Ste Section IV O).
D. INPATIENT SEAVICES
Inpatient Hospital Services for Medical Condit'rons. Member is entid•
ad W receive the inpolisM hospital services set forth in this Sec,
lion, subject to all definitions, terms and Conditions In this
Agreement and its attachments Except as 0lherwise provided in
Section III, these services will be available only in the Service Area
and only d performed, prescribed. arranged lot, directed or
evlhorized by a Participating Primary Care Physician at a Par•
~pitalization must be Sp-
licipaliag Facility All non-em4e %S
proved in advance by SANUS ripEX
t. Inpaliem hospital services are those pfovided by Participating Medical or Surgical. 3400 per admission;
3~ (including therapeutic IlWior`0
Hospitals within tho Ssfvo Area. Inpatient hospital services for Obstetrical
the specilit treatment of illness or injury including but not
limited to semi•prwale room and board; special diets wen baby. S00
Medically Necessary; use of operating room and totaled
facilities: special care unit and services, x-fay. laboratory end
other diagnostic lootc drugs, medications, biologicals,
aneerhosie act oxygen services; physical therapy, fadialon
therapy and inhalation therapy; and adminisl atlon of whole
blood of blood product (See Section tV L) Special duty nursing
shalt to provided only when Medically Necessary (10 in IM
absence of an inlenaive care unit), when recommended by a
Participating Primary Care Physician and approved in advance
by SANUS TEXAS Private room coverage shall be provided on-
ly in Cases of medical necessity (I e.: Isolation due 10 infectious
diseases), The Member may elect p6ale room aCCOmm00a1'Wns
fop other than the above stated lesson. In such cases, the
Member is responsible for the dived payment of the difference
to the Hospital
NOTE Members sheeting to remain In the Hospital beyond
the Hospital SANUS TEXAS S is responsible not responsible or financially to
liable for Such additional payments. 3400 per admission.
2. RehabilitalVon Services . Short-term inpatient rahabililaL-n p.e.:
Physical ihsrapyy services at a Participating Facility for sculo
conditions which ere Medically Necessary, recommended by a
Partk;patln0 Ddmary are Physician and sWov'ed in Advance
by SANUS TEXAS, Thi1 acute condition must be sub'ed to
significant improvemenl through short-term lherspy ghort-term
1 Is defined as up to sixty (00) consecutive days per medical con-
dition which Includes services feceived as an outpatient under
1 Section 11.047 Such services shall not be approved on an
669-YWD Z
I
1
1 J
-..aia Una. dCU!• ma0iC41 Cara ,s 10 De P(Jwd, r.
ed ine 101st 01 inpaLanl and outpaLent rahab,blatnt services
span not exceed Sixty (6C) consecul,vt days per medaal condr.
lion. beginning Wth 1ne first dale of treatment
,
3. Inpatient services in a Partic parting Skilled Nursing Facility, A
Member shall be able 10 receive short-term inpatient treatment $25 per day
at 4 Participating Skilled Nuts ng Facility *non acute care
hospitalization is not appropriate, is recommended by a Pan
hcipering Physician and approved in advanct by SANUS
TEXAS
NOTE Skirled nursing Care is nor covered whtn provided for
conditions of senile dolor-oration, Alziromer's Disasse, mental
rotardalion or mentaf illness Private duty nursing services, i
Private room accomodal:ome Personaf Or co tlon items and
other articles not specihUlly necessary for Irdatmenr of iNness
or injury are excluded Short-term is defined as up to Sixty (60)
consecutive days per medical condition.
4. AloOhol and Drug Dependency Necessary inpalonl treatment
for Alcohol and Drug Dependency is provided on the same Dasi1 $400 Per admission.
and subject to the same limitations, exclux',Or. And COpaymenls
as irealmenl lot phys,ca Iness generaiiy. All treatment must be
Pt-authorized by SANUS TEXAS and all cart must be provided
by a Psrticipahng Facility,
E. OT!' ER SERVICES
f 1 t. Home Health Care Services Home heallh care services are I
available only in the Service Area when provided by a SANUS $15 per visit.
TEXAS participating home health Care agency, and art
SpBCdicafly limited IO snort -term intermittent skilled visits Such
Serv,ctl must be Medically Necessary, recommended by a Par
ticupaling Primary Care Physician and approved in advance by
SANUS TEXAS Short-term is defined as up to sixty (60) corn
secutivo days Per medical condition, beginning on lho dale
when the first such visit occurs.
2 Emergency Services
a Hospital Emergency Room.
$40 COpayment for each visa. (Charge waived of admission
b. Out-Patient emergency Care Center or Physic-an Offices Occurs at Ina time of emergency room vlsir).
operating after hours M as emergency centers $25 Copayment for each wSil,
e, Emergency ambularxe service,
3. Ambulance Services. Medicllfy Necessary ambulance service to None
the nearest medical facility capable of providi None
erg Emergency
Care, Of Mad,cany Necessary non-tmargency amburantt servid
when aulh01"ted in advance by SANUS TEXAS
4. Prosthetic Devices. Internal prosthetic devices (except organ None
lransWent devices) art covered Initial external standard pro.
sthehc medical appliances and ornbs All covered whan duo to
an acute illness or injury Inlern4l prosthetic items covered err
Permanent aids and supports lot defective part of Iht body such
i es the Star Edwards mural valve, the internal pacemaker and
minor devices such as screw Math, sulures and wire mesh Ex-
ternal prosthetic appliances covered ate. artilidal arms, legs,
eyes or permanenl lenses, above 01 below into or tlbdw pro- stneser, external CArd'Ac Pa.em4ker, and terminal devices SucM
as hand or hook. All Omer prosthetic medical appliances, in.
o I of mitems edical mecetlrtyin Section IV, . a and Opinion xmay be rtquesNd
by Ute Plan and is binding Set Section IV AA
5 Adminislratlon of Blood and ISIOM Products.
8 Lim led Dtnlal Related Ser iCaS, Services which are outnor,zed None
by a Panrbpaling Primary Care Physician end performed by a Nona
licensed parl,apahng dentist (D 0 or 0 M D ) and which are
Plner IrealrMON of a hactured Or dislocated jlw or to repair
damage to natural teeth resulting from non-occupabonal, Ac•
cidenlal injury, provided such injury occurred and services are
x performed during the term of coverage hereunder, and further
Provided 0,11 the Member seeks Irealmanl within thirty 100) days
of such accidental injury Removal 01 cy311 01 the mourn are
OOVared unless They are directly related to the teeth and their
supporting slructurts
Ill. Emergency and Urgent Services
A. IN GENERAL
1. Emergency Cart services must be secured by the Member im• (48) hours after AM accident
Vmmd' Italy after the onset of the medical condition, or is soon Neart attacks, cardiovascular accidenrl, poisoning, loss of con.
or ther as if pc. but nor later than lr efvt (12) hours co Ons, severe blooding and
fter the first appearance of symptoms of illnlst Or IOrtyeighl Sc'OusneS$ or respiration, broken hones art examples of true Medical Emergencies.
b 3
1
I ~
AI. Emer4ency and Urgent Services Continued; {
2 Emergency and urgent Services are Stool to SANUS TEXAS' such Services an of in emergency or urgent nature and Connor be
retrospective review for detrmination of whether an acute condition
of incident reguirinp imediat, amargency or urgent care existed it postponed until the Member is 44p tin rNUrn rc the Service Ana to All cont SANUS TEXAS dettimires that
no need Ior emergency OF urgent to low up treat ent shaflr be provided only within the Service A cart
care existed, the Member will be responsible for payment of all subtecl to all the provisions of this Agreamel
charges incurred for such care, subject to the Member Complain
Resolution Procedure To constitute a covered our of area service, SANUS TEXAS must
8 WITHIN THE SERVICE AREA mall the following detrmmations.
t. onset d tree acute dlrtesa of injury must nave Dean sudden and urea
InsOe IM Service Arad, the Member, or someone acting on behalf pected,
of the Member, is el peered tO contact the Participanng Primary Care 2 the Member must not have been all to return to the Service Area
Ploj isn for advice, if it is not reasonably possible to contact Ina loreco vt teatmentlfom thePanKi
FanK,pa6ny Ili Can Physician at the time (son as that of a J the Irea:ment must have been MedtallyNecessary ate Phy3 c an,
Lie threatening emergency) , Ue Member, or someo
be ne acing on SANUS TEXAS snail pay the Subscriber or arcange to pay the Nonhalf of me Member, shall Molloy SANUS TEXAS ,thin fortyre ght Participating Hosllal(s)
or Non-Panici atm Pn Sician sf directly
(48) hours of the emergency, a it not Poll within lonyfight (491 The pymt Shall C! at Ine prevailing rat , subrect loan re ued
Hours as soon as 4 a reasonably posS,l Upon scoot of nolihcr
lion. SANUS TEXAS will coordinate the transfer of the patent to the Copayment Covered semces include ambulance Iransj»rtaaon,
care of the PanKiDating Primary Can Physician ion n medically pro. provided it is Med'i Necessary and appropriate
Carl to do so At line lime of tine emergency, the Member, a someone acting on
Coverage for treatment to, MedicU Eerpmcief wnhm tree ServiC! behalf of the Member. shall make every reasonabt effort to notify
Area Moor tr tment Me
dets is I:mited to the can S r SANUS TEXAS land to obtain advice from the Participating Primary
before the Member can. wdhow ais m harmful or in can FKul Carl Physician) II n is hat reason la possible to to SANUS
sequences a treated b a Penici amn pre l ous con. TEXAS at that time ire Member, or someone acting on behalf of
Hospital y D q ys0 an or Pe-coating the Member, shall rotifyi SANUS TEXAS within for fro t (erg) noun
or, it not possible. as soon is it is reasonably possible Upon
C OUTSIDE THE SERVICE AREA noldicalion, SANUS TEXAS will coordinate the transfer of the patient
Services Pa avalaGe while outside Ine Service A:q to the care of the Pamcipall q Primary Care Physician w,lhin the
provided that Service Arta whoa medically Vuden] to do so
IV, limitations and Exclusions from Coverage _
Tree !Glowing services and supplies, and the Cos] iherlOl, are excluded from 1 Serous a^d appliances for the Conecibin of vision deficiencies in•_
Coverage under this Agrtemeril unless specifically iMludtd by & supplemental eluding, but not limited to. sfoto procedure such as Mhcp]KS
cider. mv,tom training or radial kearotvmy
A Private room accommodations and special duty nurang except as X Persmat comfort and Convenience items or services including but
provided in Section 11 Cliff or unlimited hospital care except when not Lathed ro. care kite provided on admission 10 a hospital, TV's
deemed Dy SANUS TEXAS to be appropnatt lot an acule level of and lelephoneI
i^pabant urn
8 Services rendered by a Partin abn 5 L Whole blood OF blood components (blood replacement lets)
Services in erect by gemcli Pa Selfing39 wilaOUtlrl111 ^llsbyan or othr ot ea M Surgery of other procedures or Services to obesity including, but
norintmarf Participating Primary Car Physician. tacept la annual well woman not hmtle0 to, gas., K intestinal DyDAS3 Wrggry
.
exammatione (see Section 11 B(11141) N Sit change surgery including medical or psychological counseling
C Any semis given without a prow written refo l from the Member's and hormonal therapy in preparation or subsequent to any such
Paniapafing Pnmary Care Physicun a
, upl as Om..v:,;e permitted surgery
or Sc"clowl in Sections I, II m III of Nis ym,a a of gene lilt 0 Reversal of voluntary strikithoe, gamete infra-fallopian transfer,
'l D Treatment or evaluators r ,wired b third l^Y'ea relatin to
Boner r r
tq' Y pei3ons. including but not dwq therapy, svrrogile p renlinglees and In 4~oFrgili arlonaled
limited to (hose la school, emplcyenh right clearanea Bummer
l camp, insurance a court ordered P Acupuncture. nalurppalhy and nypralnerapy
E To the latent the Member does not comply wiln rho SANUS TEXAS 0 I^patimt merit? health Treatment for menlar retardation, mental
procedures for Morning services, SANUS TEXAS shall not pay for debciehcy. Of other lams Of unit OetrorHion. Such AS
services and benefits for mrhary service Connecled dsabrtitiet for Mich ARhitmer's Disease
are provided to the Member in governmentl or no service corn A HSFn transplants, bent mlrr0,w transplants (tacept aurogemc) and
- rneUAd facilities whits the Member chooses to use alt other OF an trunspaant trope cornea, kidney, I jfor bdiary
F. Cole which a Member receives Ieorn or thrOVgn the Undid Slates alrood mli All donor apenses are excluded
of otnraughnan, Styli its corporati of . 11911of or burrow, or Irom S Any procedure or 'Aliment that is deemed by the Plan ]o be !x
Inereof. unless 1 charge is CustoCity a marily, made and serbvice3 *ere pi0• T Da antal.
vidii m accordance with the prOVgion! of Still II A I E Carre e treated i a Public C0 Fahal Fed/rah sole he brit law requires 10 be
J
0 CoemllK or Surgical procedures are excluded tacept reconstructive authotie3blAy. Or while in the CuslDdy 01 legal
Surgery necessary to repair a fur it disorder as a result of U Services payable under iworver'a compensst,om, black lung benefits
C14i, injury a COngendal dtflCl. Such exclusions include. Owl are Of 1 government prpgrM 10 the ferret that such Services lrA rally
not Lmded to SurgiCil Axeisim of rlotmabm of any sagging atom co,,ii under worker's Compensation or similar laws
on any part of Ua body ihCluding, but not limned to, the eyelids. V. Routine fool care such as nygiemc care, treatment for rat feel,
fate. Mill, abdomen. Arms, legs or bullocks. any services ponorm
Ad in Connect on with Me enlargar 1. reduction, implantation or remii. OI sup or Cirr and 0stoO1i filled trac l OnnoptdiC
change in APP41FAMCI of A porlron of lha body including bull not sloes, arch epon3 equipment custom fined pram a splint
limited ]o, the breast. tau. lips. µw. chin. nose. too or gennah, W MI dunce medical eqpmml.
hair tronsplaniji Chemical lace peel or abrasion of lha slim, X Dvrpahent Patient purGnasld COnlumaGas or disposable strophes m•
eleclrOlyaf dipilitlcn, of any other surgical or Pon•1urIcal pro- eluding. but nor limited 10. Shcatha bags, elastic garments, syrmge7,
Cedures which are primarily ror cosmllic purposes SAUS TEXAS needles. blood or urine last, 'n supplies, OSIOmy bags, home testing
reserves the right to Secure a second Opinion by A physician of vie kits, vilamms, drollery WPplenient, Special food fame, non-r,
r q d ap•
Own choosing with respect 10 Any case involving Cosmetic Of plioncis end Snp^tC
reccnolruchw surgery `
H Denial services And dental prostheses intruding dentures Ir ex. 2. Long-tterm rehabilitation therapy otong iand Rmnmeans treatment in ex.
eluded except is covered in Section II Elfl) MaeJlary and mai- cess of liary (60) CVSKUtive Colonder days per illness or event
dCular ostot0mit3 including any treatment for [lmpOrOmindiDular AA. Replacement repair or routine periodic mainlcrance of prostnebt
joint syndrome are excluded Hiosp,tlicatiOn. anesihtsiotOgy or other devices Penile posimese/ are excluded,
services telaing to dental work are excluded
I Custodial, respite or Domiciliary Can, Be Speech and hearing therapy. inducing hearing ads
C C Oulpaberxl prosrnptim drugs and hospital discharge or take horns
drugs
s era oeea D 4
l
i. alit r.eeo
I
i
1
Additional Benefits
j CURABLE MEDICAL EQUIPMENT RIDER
he following will be provided at no charge when Medically Necessary, prescribed by a Participating
rimary Care Physician, and approved in advance by the SANUS TEXAS Medical Director.
` A. Initial placement of Durable Medical Equipment such as standard wheelchairs, crutches, walkers,
hospital beds. oxygen, orthopedic tractions, etc.
"Durable Medical Equipment" means equipment which can withstand repeaud use, is primarily and
customarily used to serve a medical purpose, generally is not useful to a person in the absence of a
sickness or injury, is appropriate and used in the home, may be used by more than one person, and
doesn't require an individual prescription rot construction.
The following items are among those excluded, deluxe and motor driven equipment, comfort items,
disposable supplies, exercise equipment. professional instruments, sauna baths, orthopedic shoes, arch
supports, dentures, experimental or research items. Repair, replacement or maintenance is excluded.
B. Hearing Aids and Related Testing
Diagnosis of hearing dePciencies when ordered by a SANUS TEXAS Participating Physician,
including audiometry: initial placement ornecessary hearing siddevice(s): one (1) audiogram per year,
if needed, and replacement of the hearing aid device(s) every four (4) years if medically necessary.
i
I 1
SAHUSPWS
BENEFITS
~07,11 11 pis
&AMla1R%Aa r
PRNATE PHYSICIM'S OFFICE Al ~T o.r AT A CM OFr'
All office visits to partcipating physic ens
(pn mary caro and spenaflst)1or diagnosis and
treatment of inns$$ of injury, lab, x-ray and
other diagnostic procedures $7pervisil Deductible
plus 20%
PROM ME CARE SEM=I _
care on phyWan's recommended
Routine Imrnunizatior» 1 „ .
Periodic hearth assessments on physician's
recommended schedule NO CHARGE Nol covered
Annual wen-woman examination .
Routine vision, speech end hearing screening
(through 17 years of age)
IN THE HOSPITAL
No Ilmile on your covered hospla days,
as preauthorized
n diagrwctic services, e 9, lab. x-ray, etc. . .
Drugs, rnedicetions, and radiotherapy . .
Intensive and Coronary Care Units $275
Medical services per admission' Deductible
AA necessary specialist care and consultations ~ um plus 20%
pM616 roam a
Use of Operating and Rearvery Rooms . , r ~i
1 Anesthesia .
Surgery .
Spedal Duty Nursing . NO CHARGE' Deductible
(only rrr»n pfus50%
ter} °en1 "s o Or
a~ a4naar y..n
• 140 edws its FOR sewc(s aY ftmo►AIM &A" ttw PWN OER7 AE00" RE F ( APA h Youn
PRAWN CAN ftMC AN OR FRLAUTMORWigN BY MMA 7L1Ue
t KNEFn LAMA Wxl eE DETEFWMEO r rAKW4 INTO ACOOUNt KNErn( RECEIVED U*"A eOTN "I
~ POaA00(
I Nn ass n tsne
9
SANUSPWS
BENEFITS
SUROMW :7%n
AN medically necessary procedures
• Physiclanb office . . . S7pervSsn' Deductible
plus 20%
• Outpabont Hospital . . swpersurpary' Deductible
plus 20%
EXTEJIDED CARE IN A
SKILL® NURSING FACILITY
S23/day'a Deductible
(up b a plus 20%
mrwcvtr♦ elrt (na wwo tliv
cow w ywrt
*Idol
MATERNITY CART
In Your Physlcian'a Povale OfACe
• Pre•nalaland post•nata) vans Pet SERVICES
In tl,a Hospital MOTHER
• AN physician services for mother $27S DpladuucllbW
I 20%
• Mother's hospital services , , . peradmisskA'
SERVICES
• Newborn nursery services $275 NEWBORN
• Physician services for newborn peradmisslon' ~usct
"40 M, UdVeAd
ww-bG4 CAM)
WORLDWIDE EMERGENCY
AND URGENT CARE (24 hours o day, 7 days a week
In use of accident or sudden and serious Illness:
• HDepilal Em"ency Room . , . , Soo per vw?
(NO CHARGE
t ~94 Deductibe
b N hOtmwl plus 20%
• EmergencylUrgent Cars Facility , 320 par vise
• HW KY*FFM ton 61"til M FMTCWAT04 SkKd r" 1`000 EM Iltpu,M MFtNw N Y"
PA MMY CW F YUM On MVAmgn WT ION IY WNA TEW
1 Kt*M UWT/ WALL K OMMilig0 air TA04 MTO AOOOUNt KNEFM MCI NED UNDER WN k0d
so-+nroaon,tirs F
r
z
SANUSP=
a BENEFITS
MENTAL HEALTH'
In Your Physicians Private Office
Up 10 20 sessionS of ShICIMerm
evaluation and crisis intervention per
calendar year . 525 per vw, DODUble
Isoff*%A" Plus 60Y.
(kV ID S"
bVVIN 11"
aR)
PIT V
In the Hospital
As an inpatient. up to thirty (30) days per
calendar year SOX wpayrnels'' Deductible
pki$ SOY'
i 'WITH 570,000 LFTT111F KWfrT Wt /q ME Wk IENrN
ALCOHOL A DRUG
DEPENDENCY REHABILITATION _
Outpatientvituu $7pervlsn' Deductib4
i
plus 20%
[Valiant services $275 p1 l r
peradmission' uy„p,auu
1UVK'M 0 in
rV~ l . II
ti. J "an" p10prlln)
CARE IN YOUR HOME
Home healthcare services POOP MA' Deductible
Iwo OO~YOa plus 20"a
KK1nn1111A I4010 1p0 0"S
M,W hall pM 11 mOnSrlll
Home phystcian v13411 P pl isA Deduo bla
plus 20%
i SA-V
TEXAS I, PRUAR7 CARE PHYSIC WK OR REA THOC IF*? OAIZATION P' SW A?IK/J IOFM A[IXnA[ A[A[JKA TVA
TeENEPIT UTAfPI WILL K DST[ WINE 0 h TAKING FRO ACCOW aENEFrtI AFcFMO LOW III PLANS
IF Ole t1111}1a A01~001
k
It{\\
I
SANUSPWS
BENEFITS
am,
PHYSICAL THERAPY +u Of t
Ihdpalient services , $7 per visit's DedWibie
plus 20%
Inpatient services . . $275 Deductible
per admission's plus 20%
ALLERGY
Testing , , , , $25 per vish Deductible
puts 20%
All other visits $7 per visit i Deductible
i {multi Ird Out 20%
~ OOVIIW)
I
i' FAMILY PLANNING
Voluntary Family Planning Services , , , $7 Pat VISA
IUD , , , , , , , $25 Waymenl
Diaphragm $25
oopaymenl
Vasectomy $25 copsyment Not
Ipw$ hppkaw covered
Eleettve lubal ligation S25copaymemt
(pIV1IpI?kOb1 i
*u9NY ooplyrt~rrt
INFERTILITY SERVICES
Diagnostic Testing Services , , , , $7 per visit' Not
Artflcial Insemination Services 50%copayment' coveted
I
(+DaIIY fp11m}
i
F YMIO IENIPITI PO113COM 11v PAgtK iPAtPg 1AM)l TWO PgOVIOIg1 81110 I KRIIIIIA NY Y"
P14 MMV CAM ►NVUCLAM Oq PgEAUTHOA1Arkt4 111 MAI
t1ENEnt LMMIT1 WILL at 15IItAMINC0 by TAAMO wro ACCOW ItNIFITI KIGrvID VWEq IOTM PLANT
k /4111100 p 11111
P'OIAO01
LE
t
smuspws
BENEFITS
i
DETECTION AND CORRECTION SAM TIMAS Nsrryp~ tAt7
OF BODY DISTORTION AT ~ Ctlt AMATMAl11~1f A~11
Not covered Deductible
plus 20%
lup to Esoo A
PRESCRIPTION DRUGS _
T See Additional Covered by
Benefits` Sanus Texas
HMO
I
II
SANUS NEW YORK LIFE
BENEFIT HMO MAJOR MEDICAL
OVERVIEW BENEFITS BENEFITS
Annual Deductible
(pot a4rdr put None
$400
I per IndivWuN'
i
Coinsurance None 60%,20%
On
U•CA9ttWa00YEertNm1 mIN 004"
pii
(E-col u YrCYJteQ dovel
Lifetime MaximumBenefit Unlimited Unlimited
111100 ND 000 V Mental 1,4411h)
t~ Ovt~f•pakel $650 perindlviduall!
SS000
maximum $1300 10
tpercalwYltil St500perlamil~Of per Individual
tnreeofmci plus deductible'
• 1w SENE Ftrs IOR NAYIL IS W MR t x:IMTINO %ANUS MOIYDEAs N[OUIF/ MrIII. II I SY YOUR MMMY
CAN "ICM OR M[AUTWAWTION M SMUS TE W
t NNEFIT LIMITS MILL N DITE R41HED SY TAANO wo ACCOUNT aE 41F its III: ci rvED UNDER lot" ALAN/
' FAMILY LMn M TNMI TOE! li4 AMOUM
l alatl fah b lASrt1 P0640M ~
I
II I
I I
D i
3
i
SANUSPWS
~
j BENEFITS
1
VMS WO C9YIRAOE M
I Advance appro'vw d Srw1 Aw reOuMSd ("Wv"wn)
I noes rot wvw uMM, merdal rnrd.ltn, mwtW IM WtO v fir' r O~N~ Of r~s"m
s Must roary 5" Tiw Of Prm CAM RYWOan a,t,M„ly huhh and
' TM oul.0 PpchN mAawnvr dou rol nc4Af DMAY"WO b vtscrpWwt ftoq tpa
dhw Addrtanai pfneMU whits mey be Coded u a rldw option.
a The Idw of woewd and rrpanfm pr'Y" rwlq Own" rot Oxwed 50 OWweLtNw drys pw
msdcw cwwon -
AAMU$ TW9 HM 001fFMIM ODEUtAL EUTATWMA A EXCLUSIONS
LoWa cewwiss w wW u w Ad~4 brMft eeMp 0orY1fWled OeAw11M.
Soma Aau doss moo wvr, vsurwt as wOAlws rpuysd 4 r.rbgwsow. mTAY
W e ~N w l Ivwr d MOO" I~ M" of dOmra"W zr a0V vc" b1~N Ow sm Ol m ~
dance ovop sws Wsw.d wmW rid owtwnwcs Aww. 6+nls bbW OF Wood owwwa, w9wT w *w
pocedw" w mr to b ab/M. Ms dwgs Kd wv w mood espe. nNwsal of vO1/aary /wus"A. Woo
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Additional Benefits
r PRESCRIPTION DRUGS • $50
Prescription Drugs are covered when prescribed or authorized by a participating Sanus Texas Physician o
4 participating Sanus Texas Dentist for covered benefits and filled by a participating pharmacy.
Member Cost Source
NO CHARGE (No Deductible) Mail Order
$24 Generically Equivalent Prescription Drugs.
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$70 Brand Name Prescription Drugs.
• After a S50 calendar year deductible per person; maximum of 3 people per family need to meet this
deductible.
Maximum Dosages 30 day supply or 100 units (whichever is less).
Exclusions; Non-prescription, experimental or investigational drugs; blood, bloodproducts, bloodor u '
testing devices; appetite suppresants or antismoking aids; isle
insulin; therapeutic devices or appliances; compounded medications not provided for an FDA
approved indication; contraceptive devices (other than oral contraceptives and diaphragms);
cosmetic medications Including topical minoxidil and Redn A; Schedule V controlled
substances Including Robitussin, GualstussIn and tenpin hydrate with codeine; allergy sera;
allergy testing materials; and prescriptions available without charge.
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Additional Benefits
INPATIENT MENTAL HEALTH
Members shall be entitled to additional mental health care benefits for evaluation, crisis
intervention, treatment or any combination thereof for acute conditions when such
evaluation, crisis intervention or treatment is recommended by a Sanus Texas
Participating Primary Care Physician, approved in advance by the Sanus Texas
Medical Director and precertified by Sanus Texas.
A. The total benefit is limited to any combination of the following, not to exceed thirty
(30) treatment days per calendar year
1. As an inpatient in an authorized Sanus Texas participating psychiatric facility,
i one ( I ) inpatient day equals one (1) treatment day; or
2. As a daycare patient in an authorized Sanus Texas participating psychiatric
facility, one (I ) daycare equals one-half ( 1/2) treatment day; or
3. As an inpatient in an authorized Sanus Texas particpating crisis stabilization
unit or an authorized Sanus Texas participating residential treatment center for
i children and adolescents, one ( I ) inpatient day equals one-half (1/2) treatment
day. Benefits in these facilities are available only for acute conditions which
would otherwise necessitate confinement in an authorized Sanus Texas
participating psychiatric facility,
1 B. Limitations and Exclusions
1. Mental health services for the following diagnosed conditions are excluded:
Chronic psychosis, Alzheimer's Disease, intractable personality disorders,
l mental retardation, psychiatric therapy on court order or as a condition ofparole
or probation, and chronic organic brain syndrome.
2. The benefits described In the Rider are available when: (a) the Member does not
refuse to accept recommended procedures or treatment; and (b) they are
provided in an authorized Sanus Texas participating psychiatric hospital,
psychiatric facility, crisis stabilization unit or residential treatment center for
children and adolescents and by a Participating Provider, and (e) the
Membercontinues to meet the Sanus Texas criteria for continued benefits under
this Rider.
C. Copayment: 50%.
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DURABLE MEDICAL EQUIPMENT RIDER
The following will be provided at no charge when Medically Necessary, prescribed by a Participating
Primary Care Physician, and approved in advance by the SANDS TEXAS Medical Director.
A. Initial placement of Durable Medical Equipment such as standard wheelchairs, crutches, walkers
hospital beds, oxygen, orthopedic tractions, etc.
"Durable Medical Equipment" means equipment which can withstand repeated use, is primarily an(
customarily used to serve a medical purpose, generally is not useful to a person in the absence of t
sickness or injury, is appropriate and used in the home, may be used by more than one person, anc
doesn't requite an individual prescription for construction.
The following items are among those excluded; deluxe and motor driven equipment, comfort items
j disposable supplies, exercise equipment, professional instruments, sauna baths, orthopedic shoes, arcl
{ supports. dentures, experimental or research items. Repair, replacement or maintenance is excluded
• B. Hearing Aids and Related Testing
Diagnosis of hearing deficiencies when ordered by a SANDS TEXAS P"cipating Physiciar
including audiometry; initial placement of necessary hearing aid device(s); one (1) audiogram per yea
if needed; and replacement of the hearing aid device(s) every four (4) yeah if medically necessary
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DATE: 10/17/89
TO: Mayor and Members of the City Council
FROM, Lloyd V. Harrell, City Manager
SUBJECT: Contract between City of Denton and August International, Inc.
Ito provide claims processing services for "run-off" claims of
terminating the City's Self-Funded Health Insurance Program
It is the staff's recommendation that the City Council enter into a contract
with August International, Inc. (AIC) to provide claims processing services
fur claims incurred on or prior to November 30, 19891 but not list(] until the
! "run-off" period December 11 1989 through November 30, 1990.
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With the City Council's approval to provide employees and dependents health
insurance coverage through Sanus Texas Health Plans/New York Life Insurance
Company effective December 11 1989, the City's Self-Insured Health Plan will
terminate. however, because there will be clalas incurred by employees and
their dependents under this plan oil or prior to November 30, 1989) that will
not be billed until after the plan ccrminates, there will be a need to
ensure those payments in the "run-off" period are processed and
according to the plan document. To ensure an orderly and amoothptransition
to the new Sanus/New York Life program and "clean-up" outstanding claims
j under the old City insurance plan, it is In the City's best interest to
continue with the same claims processing provider, August International,
Inc. to provide this service.
August International, Inc, has the
computer
dependent e ligiblllty data, and plan design Paymentischedulesyalready in
place to effectively provide tills service. Their staff are currently
familial with cvir employees and dependents and the medical
providers
City has been utillzing. As is normal in this situation, a6% retention fee
for all claims paid will be charged by August International, Inc.
4641:4_RQU~ill~
The agreement with August International, Inc, is to contract for the same
{ claims processing services that have been In place over the past two years.
AIC will pay claims Incurred by City employees and their dependents who are
covered by the City's Self-Insured Health Plan on or before November 30,
1989. The contract calls for AIC to pay claims according to the plan
document and within the schedule of payments through agreements with the PPO
network or doctors and hospitals or within usual and customary charges.
August International, Inc, has the computer capability, employee and
dependent eligibility data, and plan design payment schedules already in
place to effectively provide this service. Their staff are currently
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familiar with our employees and dependents and the medicnl providers the
City has bee.i utilizing, As is normal in this situation, a 6% retention fee
for all clail:9 paid will be charged b•v August International, Inc, The
contract begins on December 1, 1989 and ends November 30, 1989. 1'he
contract further requires AEC to provide the City with a claims data tape of
all claims paid on employees and dependents and for the services provided.
This has been built into the contract so that the City can have a history of
claims for analysis of utilization patterns,
ri"HA! 34 P-EEMM"I rg 48 QRM A UM ED.
The City Health Insurance Program covers all regular, full-lime and part-
time City of Denton employees in all departments.
11-SCAL_ I INCA
f On November 30, 19890 the health insurance fund is projected to have
approximately $601,000 in reserves to pay for claims and administrative
expenses for processing claims incurred on or prior to November 30, 1989,
but not pcid until the "run-off" period December 11 1989 through November
30, 1990. The estimated claims "run-off" to be paid during this period is
approximately $500,000, This is nn actuarial projection provided by Coopers
6 Lybrand, and there is a projection of the percent of claims that would be
paid out each month. The attached chart shows how those claims would be
paid out by month and the additional eatlmnted administrative expenses. AEC
will charge a 6% retention fee for those claims paid each month.
be billed only for those claims paid by AEC in any month. The estimatedld
cost to be paid by this contract Is $30,000,
Respectfully submitted;
Llo45ar-ree
Prepared by; City Manager
e {
Thomas N, Klinck, Director of Personnel
AApprovan, Executive Director
for Municipal Services and Economic Development
cmgrrpt7,prn 10/10/89 4:10p
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2819L
NO.
AN ORDINANCE ACCEPTING THE PROPOSAL OF AUGUST INTERNATIONAL
CORPORATION TO PROVIDE THIRD PARTY ADMINISTRATIVE SERVICES FOR
THE CITY`S EMPLOYEE HEALTH INSURANCE PROGRAM; AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT FOR SAID SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City hereby accepts the proposal of
August International Corporation to provide for third party
administrative services for the City's employee health insurance
program, and the Mayor is hereby authorized to execute an
agreement for said services, a copy of which agreement is
attached hereto and incorporated by reference herein,
SECTION II. That the expenditure of funds pursuant to said
s agreement is hereby authorized.
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SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
j PASSED AND APPROVED this the day of October, 1989.
I
RA STEPHENS, MAYOR
ATTEST:
JENNIFER B, CR
APPROVED AS TO LEGAL FORM:
DEBR'.ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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2819L
THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON
COUNTY OF DENTON § AND
CORGPORAT ON R(AIC) N4L
THIS AGREEMENT, effective December 1, 1989 is made and
entered into by and between August International Corporation,
Inc, (AIC) and City of Denton ("Employer") having its offices at
Denton, Texas.
PREMISES
WHEREAS, the City has established a self-funded Employe
Welfare Benefit Plan pursuant to the Employee Retirement Income
Security Act of 1974, as amended, (the "Plan") for certain
employees of the City and for certain dependents of such
employees ("Participants"); and
WHEREAS, Employer has contracted with the predecessor
Corporation of AIC, Coordinated Benefits Systems, Inc., for a
three year term to perform professional administration services
for the plan; and
WHEREAS, Employer will terminate its plan December 1, 1989
and is desirous of amending the contract for administrative
services to provide services for the phase out of such Plan; and
WHEREAS, AIC is in the business of providing services in
conjunction with such Plan, and the City desires to engage AIC to
perform the services enumerated herein below;
WHEREAS, AIC and Employer have agreed to execute an amended
agreement;
NOW, THEREFORE, in consideration of the premises and of the
mcitual promises and covenants contained herein, the parties agree
as follows:
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TABLE OF CONTENTS
I. TERM OF AGREEMENT 1
1.1 Term 1
1.2 Termination 1
1.2.1 By the Parties 1
1.2.2 By Law I
1.3 Effect of Termination
it. PLAN 1
2.1 Plan Document 1
2.2 Interpretation of Plan
III. SCOPE OF RELATIONSHIP 2
3.1 Agency 2
3.2 Fiduciary 2
3.3 Communications 2
3.4 Parties
IV. DUTIES OF AIC 2
4.1 Claims Services 2
4.1.1 Practices and Procedures 2
4.1.2 Services 3
4.1.3 Additional Services 4
4.1.4 Recovery of Payment 4
4.2 Records and Files 4
4.3 Reports 5
4.4 Duty of Care
V. DUTIES OF CITY 5
5.1 Account 5
l 5.1.1 Draft Authority on the Account 5
5.2 Determination of Service fee 5
5.2.1 Payment of Service Fee 5
5.2.2 Change of Service Fee 5
5.3 Taxes 6
5.4 Census 6
5.5 Liability for Benefits 6
5.6 Indemnification
VI. GENERAL PROVISIONS 6
6.1 Entire Contract 6
6.2 Applicable Law 6
6.3 Assignment
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I. TERM OF AGREDIENT
1.1 Term. This Agreement shall commence December 1, 1989
and shall continue in effect until November 301 1990, unless
terminated as provided herein below.
1.2 Termion•
may terminate this
1,2,1 B the Parties. Either Party rovidin written
Agreement at any t me, FOR OR WITHOUT C[ecmination shall become
notice to the other Party. DAYS after the date of
effective ONE HUNDRED AND TWENTY (120)
receipt of such date thee the r party ifails itoeperform
may terminate this s A g
any of the provisions of this AWOP.KINGt DAYS cafker~aitheidate aof
become effective THIRTY (30) the other Party,
receipt of written ticshaa curedtsu h default(s) prior to
unless such other Party shall DAY period. I
the expiration of the THIRTY (30)
1.2.2 B Law, If any State or Federal law or regulation is 1
enacted or promulgated which prohibitslsh p erformancto prohibit intreted the duties hereunder, or if any 4
such performance, this Agreement shall automatically terminate as
of the effective date of such prohibition. dat 1,3 Effect of Termination. AK As of the
shall have enoefurther duties
termination o t s g riod between notice of
of performance hereunder. The period
~ termination and the effective date of termination sifl any, used
from
to effect an orderly transfer of records a soaunds, the City may
person
AI(; to the City of Denton or to such
designate in writing.
11. PLAN
2,1 Plan Document No. CH-265. All services to be provided
by AIC herounder shall e per oruled pursuant to the provisions of
as amended. A copy of the Plan Documoef t tand
the Plan Document,
any amendments thereto shall be deemed to form part
Agreement for such purpose.
2,2 Inter retation of the Plan. The City shall be the final
the
arbiter as to t e nterpretat oAIC shathe ll cu,cultnd asthe City
payment of benefits thereunder.
in the event questions concerning benefit matters arise.
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III. SCOPE OF RELATIONSHIP
3.1 Agency. In performing the services hereunder, AIC is
acting somas the agent of the City; and the respective rights
of the Parties shall be determined in accordance with the laws of
agency. In the event that the City fails to comply with any
federal or state law, AIC shell not be liable for any action
brought against the Plan with regard to such failure.
3.2 Fiduciary. AIC is not and shall not be deemed to be a
fiduciary o~t~ie Plan. Rather, the duties of AIC hereunder are
ministerial in nature; and this Agreement shall not be deemed to
confer or delegate any discretionary authority or control of the
management of the Plan or of the management or discretion of the '
assets of the Plan or to confer or delegate any discretionary
authority or discretionary responsibility in the administration
of the Plan.
3.3 Communications. AIC shall be entitled to rely, without
question, upon any written communication of the City, and the
agents and employees thereof, which are believed by AIC to be
genuine and to have been presented by a person having the
apparent authority to do so.
3.4 Parties. This Agreement is between AIC and the City,
and does not create any rights or legal relationships between AIC
and any of the Participants or Beneficiaries under the Plan.
k IV. DUTIES OF AIC
j 4.1. Claims Services. AIC agrees to perform the below
enumerated services wit respect to the processing and payment of
~r - claims under the Plan:
4.1.1 Practices and Procedures. In performing such
services, AI shall employ is stand ar practices and procedures,
whether written or otherwise; provided, however, such performance
shall be subject to the provisions of this Agreement, and in
particular, but without limitation, Section 2.2 above.
4.1.2 Services: AIC agrees to:
(a) provide claim forms to the City for submitting claims to
AIC;
(b) receive claims and claims documentation;
(c) correspond with the Participants and providers of
services if additional information is deemed by AIC to be
necessary to complete the processing of claims;
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(d) coordinate benefits payable under the Plan with other
benefit plans, if any;
(e) determine the amount of benefits payable under the Plan;
(f) pay from the Account (as described in Section 5.1 below)
the amount of benefits determined to be payable under the Plan;
the time for payment shall average not more than fifteen (15)
days from the receipt of complete information to process the
claim.
(g) provide notice to Participants as to the reason(s) for
denial of benefits and provide for the review of denied claims;
provided, however, that such review shall be advisory to the City
in accordance with Section 2.2 above and shall not be deemed to
be an exercise of discretion by AIC in accordance with Section
3.2 above;
(h) advise the City in writing of any rights to subrogation
of which AIC may become aware.
(i) At the termination of this contract, November 30, 1990,
AIC will provide City with an unlabeled, 1600 BPI, computer tape
of all claims data paid from November 1, 1988 through November
300 1940 including employee name, dependent name, birthdate,
physician, and hospital data. Such tape will be furnished to the
City within 45 days from the termination date.
(J) It is understood that customer setrice telephone calls
and client service inquiries will be forwarded to the new Health except for those
calls insurance related to claims which occurred prior to o November 30, 1989•
(lc) At completion of this contract period, and within
forty-five (45) days from such termination, AIC will box all
claims, files, and reports and ship to the City. This
information will be shipped COD for City receipt.
4.1.3 Additional Services. AIC agrees to provide the
following serv ces or a c arge to be assessed at the time the
service is provided:
(a) hospital audits for claims exceeding $10,000,
(b) large case management, and
f (c) outside investigations and reviews.
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These services are provided only after City approval has been
obtained.
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4.1.4 Recover of Payment. In the event payment is made to
or on beha M o an ne g ble employee Participant or any
ineligible dependent of an employee Participant or that a payment
is made in excess of the amount properly payable, AIC shall:
(a) promptly advise the City of such event, and
(b) make a single demand with respect to the Participant in
writing for return of such payment or overpayment and report the
result of such effort to the City.
AIC shall have no further obligation with respect to any such
payment or overpayment, except that AIC is hereby authorized to
offset against any unpaid claim of such employee Participant of
any dependent thereof unless advised otherwise by the City.
4.2 Records and Files. AIC shall establish and maintain a
record-keep ng system concerning the services to be performed
hereunder. All such records shall be the property of the City
and shall be delivered to the City upon termination of this
Agreement, subject to the right of AIC to copy and retain all or
any of such records as it deems in its interest to do so. All
such records shall be available for inspection by the City at any
time during normal business hours at the office of AIC in Dallas,
Texas, upon reasonable prior notice.
4.3 Reports. AIC shall provide the following to the City:
(a) Explanation of Benefit Forms (as issued);
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(b) Check register (weekly);
(c) Report of claims paid identified as to Participants
(bi-monthly);
(d) Lag Summary Report (bi-munthly);
(e) Report of claims incurred but not reported as of November
30, 1990;
(f) Report of Plan's operation during the preceding year and
cost estimates and guidelines for the ensuing year as of March 31,
1990;
(g) Claim Exceed Report (bi-monthly); and
(h) Top SO Provider Report as of November 30, 1990 and
quarterly thereafter.
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4.4 Duty of Care. AIC shall not be liable for any loss
resulting rom t e performance of its duties hereunder, except
for losses resulting directly from:
(a) the negligence of AIC, or
b the failure of { ) o AIC to follow the written directions of
the City in the processing of a particular claim, or
(c) the fraudulent or criminal acts of the agents or
employees of AIC, whether acting alone or in concert with others.
Subject to the above, the defense of any legal action brought
by or on behalf of any person, including, without limitation, any
Participant, Beneficiary, or fiduciary of the Plan, shall be the
obligation of the City and shall not be the obligation of AFC.
V. DUTIES OF THE CITY
5.1 Account. The City shall continue to maintain, and fund
a checking account ("Account") at First State Bank, Denton, Texas
for the payment by AIC of benefits under the Plan. The City
shall be liable for all claim checks issued against the Account.
AIC agrees to continue to provide, at its own expense, all claim
checks for the purpose of issuing benefits for claims on the
Account.
5.1.1 Draft Authority on the Account. The City hereby
j grants to A authority to ra t against the Account for the
purposes set forth in Section 4.1.2.
5.2 Determination of Service Fee. The City agrees to pay to
AIC a Service Fee equal to six percent (6%) of claims paid during
the period December 1, 1989 to November 30, 1990.
5.2.1 Payment of Service Fee. Upon receipt of the Invoice,
which is furnished by AIC on a -monthly basis, the City agrees
to pay to AIC the Service Fee as determined by Section 5.2 above.
5.2.2 Change of Service Fee. AIC agrees not to change the
Service Fee applicable to this Agreement.
5.3 Taxes. The City agrees to pay any and all taxes,
licenses a=Fees levied, if any, by any Local, State, or Federal
authority in connection with the operation of the Plan or in
connection with the duties of AIC hereunder. AIC agrees to
notify the City and make arrangements for payment thereof is any
such levy appears imminent.
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5.4 Census. The City agrees to verify the eligibility of
Participants and to furnish to AIC such information as may be
necessary or required by AIC from time to time to discharge its
obligations under Section 4.4 (f) above.
5.5 Liability for benefits. It is understood and agreed
that liabiT it y f p oagment~Fe_nefits accrued under the Plan is
the liability of the City and that AIC shall not have any duty to
use any of its funds for the payment of such benefits.
5.6 Indemnification. Subject to Section 4.5, the City
agrees to indemnify and hold harmless AIC, its agents, and
employees against any and all liability, damages, expenses and
costs, including, without limitation, extra-contract damages,
court costs, and attorneys fees, resulting from or arising out
of any claim, demand, or legal or administrative proceeding made
or brought against AIC by or on behalf of any person including,
without limitation, any Participant, beneficiary, or fiduciary
under the Plan.
VI. GENERAL PROVISIONS
6.1 Entire Contract. This Agreement, together with any
exhibits, attachments an amendments appended hereto, constitutes
the entire Agreement between the Parties. No representations,
understandings, or agreements which are not expressly contained
herein shall be binding or enforceable. No modification of the
terms or provisions of this Agreement shall be effective unless
evidenced by a written amendment hereto, signed by an authorized
1 officer of both the City and of AIC.
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6.2 A licable Law This Agreement shall be deemed to have
been made an entered Into in the State of Texas, and shall be
construed and enforced according to the laws of the State of
Texas.
6.3 Assignment. This Agreement shall not be assigned by
AIC, nor s a C's duties, obligations or responsibilities
hereunder be delegated to any other person or entity without the
prior written consent of the City.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed by their respective authorized officers
on the _ day of , 1989.
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CITY OF DENTON, TEXAS
BY:
RAY STcPHENS, hfAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FCRM:
DEBRA ADAMI DRAYOVITCH, CTFY A?TORNEY
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BY,
AIC
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BY:
BERNARD DIFIURE
VICE PRESIDENT
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W 07. /y
LIATE : 1 0/ 1 7 r 99
CITY CGIiiICiL REPORT FC!,PMAT
TG: Mayor and Members of the City C(+unCil
FROM: Lloyd V. Harrell, City Manager
SUBJ: Approval of a contract with Fred h,aore Chi Id Care
Center in the amount of $28,000 to provide day care
for low incore famil}es.
RECOMMENDAi_ION:
The Human Resources Committee recommends approval.
RAC N,_Gfr)U_: D :
On Tuesday, Herch 28, 1939 Fred Moore Child Care
Center requested $30.000.
SUMMARY: The Human Resources Committee recommended approval of
$28,000 in funding at its meeting of April 20,
~!i 19 8'3 .
FR03RAMS._D5PARTMENT."2R aROU'PS_AFFECTED:
N/A
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FI$CAL_JI PACT;
On September 19, 1983 the City Council approved the 1989-
90 Budget which included $28,000 for Fred Moore Child
Care Center.
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City Manager
Prepared by:
~~lc~llG~~J Vii- -
Barbara Ross
Community Development Coordinator
Approved:
Frank Robb ns AICP
Executive D'irECtor for Manning 8 Ceveloorrent
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2820L
NO.
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF
DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THERE-
FOR; AND PROVIDING FOR AN EFFECTIVE DATE,
~'11 WHEREAS, she City Council has determined that it is in the
best interest of the citizens of the City to provide public funds
to Fred Moore Child Care Center, in consideration of the valuable
public services to be furnished by Fred Moore Child Care Center
to the City of Denton in accordance with the "Funding Agreement"
attached hereto; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION 1. That the City Council hereby approves the
"Funding greement" attached hereto, between the City of Denton
and Fred Moore Child Care Center, and authorizes the Mayor to
execute said agreement.
SECTION 11. That the City Council authorizes the expenditure
of fu_n_Js'•in tFe manner and amount as specified in the Agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1989.
E
FLAY STEPRENS, MAYOR
ATTEST:
JENNIFER , CITY SECRETM
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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2820L
THE STATE OF TEXAS § AGREEMENT BETWEEN THE
CITY OF DENTON, TEXAS AND
FRED MOORE CHILD CARE CENTER
COUNTY OF DENTON g
This Agreement is hereby entered into by and between the City
of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter
referred to as City) and the Fred Moore Child Care Center (here-
inafter referred to as Agency);
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WHEREAS, the City's Human Services Committee (HSC) has
reviewed the services of the Agency and has determined that the
Agency performs an important human service for the residents of
Denton without regard to race, religion, color, age or national
origin, and therefore HSC recommends fundint the Agency; and
WHEREAS, the City has determined that the Agency merits
assistance and has provided for Twenty-eight thousand and No/100
Dollars ($28,000.00) in its budget;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES
The Agency shall in a satisfactory and proper manner perform
the following tasks:
A. The Agency's purpose is to provide low cost day care to
low income families where both parents work.
B. To provide two nutritional meals, breakfast and lunch, for
the children it serves.
II. OBLIGATIONS OF AGENCY
In consideration of the receipt of funds from the City, Agency
agrees to the following terms and conditions:
A. It will establish a separate hank account for deposit of
the Twenty-Eight Thousand and No/100 ($28,000.00) Dollars paid to
the Agency by the City and the only expenditures from this
account, until such time as said funds are exhausted, shall be
for those expenses listed in the scope of services as provided
for herein. Agency shall not commingle funds received from other
sources in this account and shall not utilize these funds for any
other purpose.
B. It will establish, operate, and maintain an account system
for this program that will allow for a tracing of funds and a
review of the financial status of the program.
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C. It will permit authorized officials for the City of Denton
to review its books at any time.
D. It will reduce to writing all of its rules, regulations,
and policies and file a copy with the City's Executive Director
of Finance or his authorized representative along with any
amendments, additions, or revisions whenever adopted.
E. It will not enter into any contracts that would encumber
the City funds for a period that would extend beyond the term of
this Agreement.
F. At the discretion of the City, the Agency may be required
to refund the balance of the special account to the City of
Denton at the end of the Agency's fiscal year.
G. It will promptly pay all bills when submitted unless there
is a discrepancy in a bill; any errors or discrepancies in bills
shall be promptly reported to the Executive Director of Finance
or his authorized representative for further direction.
H. It will appoint a representative who will be available to
meet with the Executive Director of Finance and other City
officials when requested.
I. It will indemnify and hold harmless the City from any and
all claims and suits arising out of the activities of the Agency,
1 its employees, and/or contractors and save and hold the City
harmless from all liability, including costs, expenses and
attorneys fees, for or on account of, any claims, audit excep-
tions, suits, or damages of any character whatsoever resulting in
whole or in part from the performance or omission of any act of
any employee, agent or representative of the Agency.
III. TIME OF PERFORMANCE
The services funded by the City shall be undertaken by the
Agency within the following time frame:
October 1, 1989 through September 30, 1990.
IV. METHOD OF PAYMENT
A. Payment by the City for services provided hereunder will
be made as follows; provided, that Agency shall request said pay-
ment by letter addressed to: City of Denton, 110 West Oak, Suite
8, Denton, Texas 76201, Attn: Community Development Coordinator:
7,000 on or after October 1, 1989
7,000 on or after January 1, 1990
1,000 on or after April 1, 1990
$7,000 on or after July 1, 1990.
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i' B. It is expressly understood and agreed that in no event
under the terms of this contract will the total compensation to
be paid hereunder exceed the maximum sum of Twenty-Eight Thousand
and No/100 Dollars ($28,000.00) for all of the services
rendered. It is expressly understood that this contract in no
way obligates the General Fund or any other monies or credits of
the City of Denton.
C. The City shall not be obligated or liable under this
contract to any party other than the Agency for payment of any
monies or provision of any goods or services.
V. EVALUATION
The Agency agrees to participate in an implementation and
maintenance system whereby the services can be continuously
monitored. The Agency agrees to make available its financial
records for review by the City at the City's discretion. In
addition the Agency agrees to provide the City the following
data and)or reports:
A. All external or internal audits. A copy of the annual
independent audit shall be furnished to City within ten
(10) days of receipt by the Agency.
B. All external or internal evaluation reports.
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C. Quarterly performance reports to be submitted in January,
April, July and September, to include the following data:
1. Number of children served each month.
2. Income level of families participating in program.
D. Quarterly financial statements to be submitted in January,
April, July, and September for the preceding quarter to include
expenses and income.
VI. DIRECTOR'S MEETINGS
During the term of this Contract, the Agency shall cause to be
delivered to the City copies of all notices of meetings of its
Board of Directors, setting forth the time and place thereof.
Such notice shall be delivered to the City in a timely manner to
give adequate notice, and shall include an agenda and a brief
description of the matters to be discussed. Agency understands
and agrees that City representatives shall be afforded access to
all Board of Director 'a meetings.
Minutes of all meetings of the Agency's governing body shall
be submitted to the City within ten (10) working days of approval.
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VII. SUSPENSION OR TERMINATION
The City may suspend or terminate this Agreement and payments
to the Agency, in whole or part, for cause. Cause shall include
but not be limited to the following:
A. Agency's improper, misuse, or inept use of funds.
-1 B. Agency's failure to comply with the terms and conditions of
this agreement.
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C. Agency's submission of data and/or reports that are incor-
rect or incomplete in any material respect, or
D. Appointment of a trustee, receiver or liquidator for all or
a substantial part of the Agency's prcperty, or institution of
bankruptcy, reorganization, rearrangement of or liquidation
proceedings by or against the Agency.
E. If for any reason the carrying gut of this agreement is
rendered impossible or infeasible.
In case of suspension, the City shf.ll advise the Agency, in
writing, as to conditions precedent to the resumption of funding
k and specify a reasonable data for compliance.
E In case of termination, the Agency will remit to the City any
E unexpended City funds. Acceptance o1` these funds shall not
constitute a waiver of any claim the City may otherwise have
arising out of this Agreement.
VIII. EQUAL OPPORTUNITY
A. Agency will submit for City approval, a written plan for
compliance with the Equal Employment and Affirmative Action
Federal provisions, within thirty (30) days of the effective date
of this Contract.
B. Agency shall comply with all applicable equal employment
opportunity and affirmative action laws or regulations.
C. Agency will furnish all inforwation and reports requested
by the City, and will permit access to its books, records, and
accounts for purposes of investigation to ascertain compliance
with local, state and Federal rules and regulations.
D. In the event of the Agency's non-compliance with the
non-discrimination requirements, tht: Contract may be cancelled,
terminated, or suspended in whole o7. in part, and the Agency may
be barred from further contracts with the City.
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IX. CONFLICT OF INTEREST
A. The Agency covenants that neither it nor any member of its
governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract. The
Agency further covenants that in the performance of this Contract,
no person having such interest shall be employed or appointed as a
member of its governing body.
B. The Agency further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
gain for himself, or other; particularly those with which he has
family, business, or other ties.
C. No officer, member, or employee of the City and no member
of its governing body who exercises any function or responsi-
bilities in the review or approval of the undertaking or carrying
out of this Contract shall (1) participate in any decision
relating to the Contract which affects his personal interest or
the interest in any corporation, partnership, or association in
which he has direct or indirect interest; or (2) have any
interest, direct or indirect, in this Contract or the proceeds
thereof.
IN WITNESS WHEREOF, the parties do hereby affix their signa-
tures and enter into this Funding Agreement as of the day
of 1989.
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CITY OF DENTON, TEXAS FRED MOORE CHILD CARE CENTER
STEPRENV, MAYOR DIRECTOR
ATTEST: ATTEST:
JENNIFER -WALTERSj CITY SECRETARY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY,
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT:
RECOMMENDATION:
Approval of resolution to execute agreement for construction,
maintenance and operation of safety lighting systems between
the State Department of Highways and Public Transportation and
the City of Denton
SUK%IARY:
The "agreement" is to update and replace the existing agreement
dated July 3, 1971 (copy attached).
BACKGROUND:
The State Highway Department reimburses the City for
maintenance of the street light facilities along the state
highways within the city limits. Also, the State pays the
electric charges associated with these facilities. JJ
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PROGRAMS, DEPARTMENTS, OR GROtie5 AFFECTED:
Electric Department i
FISCAL IMPACT:
Electric usage, maintenance materials, and straight labor rates
will be paid by the State. No overhead, such as benefits or
` interrelated costs, could be charged to the State.
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COMMISSION STATE DEPARTMENT OF HIGHIVAN'S
ROBRT H. DEOMAN, ENGINEER DIRECTOR
JOHN R BUTLER, JR. CHAIRMAN AND PUBLIC TRANSPORTATION R E. STOTZER, JR.
. '
RAC STOKER, JR.
P.O. BOX 3067
Dallas, Texas 75221-3067
August 18, 1989
IN REPLY REFER TO
Control 135-10-35
U.S. 377: Safety Lighting at the
Loop 288 Interchange
In the city of Denton D
Denton County
Mr. Lloyd Harrell k9250%
City Manager
City of Denton
215 East McKinney CITY~MANAGERS OffICE
Denton, Texas 75021
Dear Mr. Harrell:
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We are forwarding to you, under separate cover, two sets of prints
the preliminary plans for the above project along with the title sheet comment haveito.us. review
have these the title plans shand eet forward tacing asigned andsalso may
returned to us.
We are also forwarding to you concerning our existing safetyaliletter ghtin dated September 28, 1Cit
Denton. We would like to execute an updatede blanket i agreement with the
City of Denton. Attached are four (4) copies of an agreement for
construction, maintenance and operation of safety lighting systems
along with supporting documents. Please have these documents executed
and return three copies to us for further processing. You may retain
one copy for your files. After all parties have executed these
documents, one completely executed copy will be returned to you.
For further information, please contact Mr. Harold Watters, P.E. at
320-6239. Your cooperation in completing this, project is appreciated.
Si -ere
Le J Wallen, P.E.
Dis Traffic Safety Engineer
Attachments
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CITY of DENTON / 215 E. McKinney J Denfon, Texas 76201
MEMORANDUM
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TO: Roger Wilkenson, Engineering
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FROM: Don McLaughlin, Electric Engineer Administrator
DATE: October 11, 1989
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SUBJECT: LIGHTING ON 380 AND LOOP 288
{
The Electric Engineering Division has reviewed the States' plans
for street lighting at Loop 288 and University Drive. The
request for service is no problem. When tho lights are
installed, the intersection will be well lighted. A letter has
already been sent to the State regarding service requirements.
10119019
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2816L
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THS CITY OF DENTON AND THE STATE OF TEXAS FOR THE BLANKET
COVERAGE OF VARIOUS PROJECTS RELATING TO THE INSTALLATION AND
MAINTENANCE OF CERTAIN HIGHWAY TRAFFIC ILLUMINATION SYSTEMS; AND
/ PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Manager is hereby authorized to
execute an agreement between the City of Denton and the State of
Texas for the blanket coverage of various projects covering the
installation, construction, existence, use, operation, and
maintenance of certain highway traffic illumination systems in
the City of Denton.
SECTION II. Tait this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1989.
RAY S'P RENS O MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVI4'CH, CITY ATTORNEY
BY:
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AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION Or SAFETY LIGHTING
li SYSTEMS WITHIN MUNICIPALITIES
(State Contracts thru City for Maintenance and Power)
(Blanket Agrecment)
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT dated this day of_., 19 by and
between the State of Texas, hereinafter referred to as the "State", party of the
first part, and the City of Denton _Denton County,
Texas, actiny by and through its duly authorized officers under a resolution or ordi-
nance passed the day of _.l 19 hereinafter called the
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"City," party of the second part.
W I T N E S S E T H
WHEREAS, in order to provide a more adequate facility to the traveling public,
the construction, maintenance anH operation of certain safety lighting systems is
required within'the corporate limits of the City. Within the City, said
11 safety lighting system hereinafter referred to as the "lighting system" is to
consist of safety lighting to be built in sections as financed and designated
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WHEREAS, the Engineer-Director, acting for and in behalf of the State Highway and
Public Transportation Commission, has made it known to the City that the State will
construct, maintain and operate said lighting systems, subject to the conditions and
provisions stated herein, as provided for in Highway Commission Minute Order No. 82420.
Form 1400
2-6 12-84
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2. MAINTENANCE AND OPERATION RESPONSIBILITIES
a. The State hereby agrees to reimburse the City for the costs incurred by the
City in maintaining 'and operating the lighting system. Those costs will be based
upon the amount of electrical energy used and upon actual maintenance operations
directly chargeable to the lighting system and shall not include a proration of admi-
nistrative or overhead costs.
b. The quantity of electrical energy used by the lighting system shall be
determined by meters at each point of service. Alternately, when agreed upon by both
parties, the amount of electrical energy for monthly billing purposes shall be deter-
mined by multiplying the sum of the input wattages of the luminaires by 333 hours or
other mutually agreeable operational hours.
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C. The State's payment for the electrical energy of the safety lighting system
shall he based on Rate Schedule LO
dated~~Dte hgr 19, 1989 of theiCity of Denton
uTt ~Ey company or mun c ya epar meat
as shown on Exhibit 11 attached hereto and made a part hereof, and hereinafter
referred to as the "rate schedule" plus other charges hereinafter described. At such
time as the rate schedule is revised, the City shall forward a copy of the revised
schedule to the State.
d. Maintenance shall be provided for by t1oa City or its autherited agent on a
force account basis. The State will reimburse the City fort (1) the cost of all
lebor at the prorated payroll costs and for equipment rental costs for the actual
time spent in maintaining the lighting system, and (2) the actual cost of the
materials and parts used in maintaining the lighting system. This maintenance includes;
3-6 form 1400
12-84
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b. The State's financial obligation for reimbursement for electrical power
arJ maintenance to the City will not excied an annual cost of S
4. INDEMNIFICATION
To the extent permitted by law, the City shall indemnify and save harmless the
State, its agents or employees, from all suits, actions or claims and from all liabi-
IIty and damages for any and all injuries or damages sustainer by any person or pro-
perty in consequence of any neglect in the performance, or failure of performance of
the City, its agents and employees under this Agreement.
5. GENERAL
A. The State's obligation for operation and maintenance of the lighting system
shall cease should the route on which it is located be dropped from the State Highway
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System.
b. This Agreement will cease to apply to sections of the lighting system in the
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event that those sections are removed or become apart of a continuous illumination
system.
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c. This Agreement shall remain in force for a period of two years from the date
that it is signed by the State, and it is understood by both parties that at the end
of the initial two-year period the Agreement will be automatically renewed for two
year periods thereafter unless modified by mutual agreement of both parties. In the
event that the lighting system installed in accordance with thi; Agreement becomes
unnecessary or is removed for any reason, this Agreement will terminate.
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5-6 form 1400
12-84
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SPATE OF TEXAS
COUNTY OF_ Denton
the duly appointed,
qualified and acting city secretary of the City of Denton
Texas, hereby certify that the foregoing pages constitute a true and correct ,
copy of an ordinance/resolution duly passed by the City Council at a meeting
hald on
A.D., 1gat o'clock M,
To certify which, witness my hand and seal of the City of Denton
Texas, this__ day of
,14 at
_ _ Denton A Texas.
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`Denton Texas
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SCHEDULE LS
STREET LIGHTING
APPLICATION
Applicable to all street lighting owned and maintained by the
City of Denton.
NET MONTHLY RATE
(1) Facility Charge (2) Energy Cost Adjustment
Current 1:'k x Monthly Bulb Wattage Factor
Bulb Wattage Factor
LS
LSA 10OW Sodium Vapor 75 48 KWH
LSB 250W Sodium Vapor E.73 105 KWH
LSC 40OW Sodium Vapor 8 50 159 KWH
LM
LMA 175W Mercury Vapor 5.50 70 KWH
LMS 25OW Mercury Vapor 6.50 98 KWH
LMC 40OW Mercury Vapor 8.25 153 KWH
LMD 10001 Mercury Vapor 115.00 380 KWH
TYPE OF SERVICE
The City will supply single-phase service (or three-phase
service if available at the point of delivery) at sixty (40) cycles
and at any standard voltages available from the City's distribution
system through one standard transformation. Where service of the
type desired by the customer is not already available at the point
of service$ special contract arrangements between the City and the
customer may be required prior to its being furnished.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
PRORATION Of UTILITY BILLS
a) Billing for the Facility Charge shall be based on 12
billings annually based on the following formula3
Actual days In reading period x customer charge
7
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
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COMMISSION
~.0-
O.wITT C. 6RES It. CHAIRMAN E'AN Rw.►./ 1.a.s4
NtRStRT C. PETRY, JR. TEXAS HIGHWAY DQPARTMENT J- C, DINOWALL
CHARLES S. SIMONS p, 00 loft 3067E Dellaar Tams 73221
daytat+iar 280 1971
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IN AAPLV RSrER To
r1LS NO.
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COntr011 1~3a
l.B. 1st SM 4 3521 8sfsty Li4btieg to the
City of Denton
j Denton County r '
Hr. Jana C. Little
tlectrtcsl faparintaa►deat
City of Doetoo
Muatelpal kildias
Dontoao long 76201
f Door Dlr. Ltttlel '
h We $To foruardlog to you as oncuted copy ,of the agreement for
aafety lighting is the City of laatoo ott the ,yore hip"ye.
i This e2raeseat If for you: records and if lee.
Your assistance sad aooperatloa to the hndl
a2ree-
want to sppeae/eted. W of this
Moues very truly$
~ l CGGr-~'
Joist 0. Keller
Distetat "Omer
Attachnrat
VDG1bj
I cc t ilt
Waid Goolsby
,gpdsoa Jonsa
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July 13, 1971 Continued
6. A construction agreement between the City of Denton and Wr Railroad
for a crossing on Cook Street was discussed, Motion was•.made by Neu, seconded
by Ramey that the agreement be approved and the Mayor be authorized to sign,
Motion carried.
7. Dr. Allan B. Karstetter requested approval of a lease agreement between'
the City and the Denton Community Theater, Inc,, for a five (S) year lease
of the old City Hall Auditorium.
Motion was made by Ayer, seconded by Neu that the agreement between
the City of Denton and Denton Community Theater, Inc, be approved. Motion
carried, ,(Lease agreement in packet 04690.)
1 8. Marvin Boleck appeared relative to discontinuing the franchise tar, on
street vendors. The Mayor advised MU. Beleck to send his statement to the City
t Secretary for distribution to the Council.
9. Motion was nude by Ramey, seconded by Neu that the Tax Adjustments
r Report for the month of June, 1971 in the amount of >104SI.02 be approved.
Motion carried.
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` 10. The Director of Utilities briefed the Council relative to a rxchanical
contract for construction of unit 05 at the Steam Power Plant.
Motion was made by Neu, seconded by Ramey that the mechanical contract
be awarded to the Fagow Company at a low bid of $990.993. Motion carried.
11. Motion was made by Ramey, seconded by Neu that an agreement for
maintenance and operation of safety ligghting system with the Texas Highs,ay
Department on Interstate Highways tA% In the municipality be approved and the
Mayor be authorized to sign said agreement. Motion carried.
12. The City Manager made a request for authorization to name.a staff
member to take action to ration water in the City if such becomes necessary. 1{e
stated that the Seater plant was presently operating at an overload capacity and
that if the present weather conditions continue an emergency causing the
necessity for rationing could occur. r that
since
eme exist, to authorizeet edDirector,ofeUtilities toeration w ter if suchgacti ass
becomes necessary,. Motion carried.
.Meeting adjourned,at 9:20 p.m.
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MYOR
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11fl' STATE Or TFY " X
COIJ~'iY 0i; I?[:m-U, _ X
C!'CY Or UFldI-m X
I, Brooks Molt, City Se.-retary of the City of Denton, Texas, do '
hereby CERfUY that the bovo and foregoing is a true ajx1 correct copy
of City Council Minutes page 419) , passed and approved by the
City zow~c o the City o nton, as, on the 13th day of
, 19 rl , as same appears of recor n my office
XxX'&.-RT1h gook 18; rage 419
I In Witness I4hereo
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, l••hgvo hereunto set my hand and the offit;ial I i
seal of the City o~;••D~ta;, Tpza this .h day of September 1
A.D. 19 71 1,
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L~d t !
`7,•,i~j° rooks 11alt
City Secretary
City of Denton, Texas
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AGREEf1ENT F0R-SN~~, MAINTENANCE AND
OPERATION OF SAFETY LIGHTING SYSTEMS
WITHIN A MUNICIPALITY
i~ STATE OF TEXAS
COUNTY OF DENTON j
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This agreement is made this .1 day of _ a3 1911
by and between the State of Texas, hereinafter rcfersed to as the "State",
party of the first part, and the Citv of Denton, Denton County, Texas acting
through its duly authorlsed officers, hereinafter called the "City", party
of the second part,
W I T N E S S 2 T H
WHEREAS, the City has requested the State to finance the maintenance and
operation of the Safety lighting system on I, H, 350 I. H. 35E and I. H. 35W
at interchanges within the city limits, and hereinafter referred to as the
{ "Safety Lighting System"1 and
WHEREAS, the State Highway Engineer, acting for and in behalf of the State
Highway Commission, has made it known to the City that the State will re-
imburse the City for the City's cost of maintenance and operation of said
system, subject to the conditions and provisions stated herein, as provided
{ For in Highway Commission Minute Order Number 61624,
A 0 R E E M E N T
NOW THEREFORE, in consideration of the premises and of the mutual covenants
and agtecments of the parties hereto to be by them respectively kept and
performed as hereinafter set forth, it is agreed as followat
A. Pro ect Authorization
The City has requested an4 consented to'the.malntenance and operation
of the safety lighting system, ind the State in financfag the operation
sn4 maintenance work does so at the special lnstancv and requeat of the
City.
B. Definitions
The term "Safety Lighting System" as used herein shall constitutes
(1) the illumination assemblies, (2) the luminaires, lamps, and
luminaire mast arms (and attachments) attached to poles and (3)
conduit, multi-conductor cable. Single conductor wire, and miscella-
neovs Items of materials, parts in4talled for the operation of the
f safety lighting.
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The term "Illumination Assembly"-af used herein shall constitute the foun-
dation anJ complete assemblage of parts, equipment and miscellaneous items
including the pole mounting attachments, which form a complete and indepen-
dent lighting unit,
The term "luminaire circuit" as used herein shall constitute those circuits
which contain 400 watt and 1000 watt rated luminaires and overhead sign
illumination.
C. Maintenance and Operation Responsibilities
The State hereby agrees to reimburse the Cit for the cost incurred by the
City in maintaining and operating the safety lighting system and for fur-
nishing electrical energy to the overhead illuminated signs subject to the.
conditions and provisions stated herein.
The City :]ereby agrees to, either directly or indirect through the City's
authorized :gent, operate the safety lighting system in an efficient manner
and promptly make repairs as needed to maintain full and efficient operation
of the system. The City hereby agrees that assignment of maintenance and/or
operating duties to a third party does not relieve the City of the responsi-
bility for enforcement of these provisions.
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The City hereby agrees to supply electrical energy for operation of the'
safety lighting system and illuminated overhead sign bridges through their
municipally owned and operated electrical power system.
The City and the State accept their respective responsibilities as herein
provided based upon the following agreed upon rates and methods of calcu-
lating power consumptions
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1, Luminalre Circuits
a. 400 Watt Luminaires
Cost - 450 Watts x No. Hrs. Burned x No. Luminaires/1000 x $0.011KWH
b. 1000 Watt Luminaires
Cost - 1100 Watts x No. Hrs. Burned x No. Luminaires/1000 x $0.011KWH
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c. Metered Circuits
Cost ■ Kilowatt Hours Consumed x $0.011KWH
The number of hours to be used for calculating safety lighting
power consumption for each month of the year is mutually agreed
to as follows '
January - 14 Hrs./Day x 31 Days - 434 lire.
February - 12 lira./Day x 28 Days - 336 lira.
March - 12 Hrs./Day x 31 Days ■ 372 Hrs.
April - 12 Hra./Day x 30 Days ■ 360 Hra.
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hay - 10 Hra./Day x 31 Days 310 Mrs.
June - 10 Hrs-/Day x 30 Days ■ 300 Mrs.
July - 10 Hra./Day x 31 Days v 310 Hrs.
August - 12 Hrs./Day x 31 Days ■ 372 Hrs.
September - 12 Hra./Day'x 30 Days ■ 360 Mrs.
October - 12 Hrs./Day x 31 Days ■ 372 Hrs.
November - 14 Hrs./Day x 30 Days ■ 420 Hrs.
December - 14 Hra./Day a 31 Days • 434 Mrs.
TOTAL - 4380 Hra./Year
The above charges shall include the cost of electrical energy
used by the safety lighting system and materials, parts, labor
and equipment cost for the following normal maintenance of the
systems
(aj Cleaning luminaires
(b) Replacing lamps
(c) Minor glass breakage (less than S in one day)
~(d) Replacing fuses
The following major items of maintenance shall be provided for
by the City on a force account basis with reimbursement for costs
of materials and labor to be made by the States
(a) Replacement of illumination assemblies that are damaged or
k destroyed.
(b) Replacement of luminaires and luminaire mast arms (bracket
attachments) attached to poles that are damaged or destroyed.
(c) Replacement of transformer stations and appurtenances that
are damaged or destroyed.
(d) Repairing or replacement of buried conductors.
(e) Major glass breakage (5 or more in one day).
(f) Replacement of obsolescent equipment for the safety lighting
system,
(g) Replacement of ballast that are burned out or faulty.
It shall be the responsibility of the City or the City's authorised
agent to provide and maintain an adequate supply or replacement parts.
2. The Illuminated Overhead Sign Ltghting Circulta
The State hereby agrees to maintain the lighting for the illuminated
overhead signs which are part of the above circuits. The quantity of
electrical energy used by the overhead sign lighting fixtures shall
be determined from meters installed by the City at no coat to the
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State to serve the overhead sign lighting fixtures and the
luminalre circuits. The State's payment for this electrical
energy shall be based on the following computationt
Cost a Kilowatt Hours Consumed x $0.01/KWH
D. Payment
All request by the City for payment for electrical energy and/or mainten.
ance operdtions shall be properly certified and submitted by the City to
the District Engineer of the State Highway Department of Dallas, Texas,
Such request for payment shall be in accordance with forms prescribed by
the State and shall be submitted at not less then monthly inrervals. The
City will maintain a system of records necessary to support and establish
the eligibility of all claims for payment under the terms of this contract.
When requested by the State, the City will permit and assist in an audit
by an auditor of the State Highway Department of this record or any other
records of the City which pertain to the costs of maintenance and electri-
cal energy as covered by the terms of this agreement.
E. General
It is understood thatt
1. This agreement supersedes and cancels any and all prior maintenance
and operation agreements on this system,
2. The assumption of maintenance and operation of the safety lighting
system by the City when herein agreed upon shalt begin on a date
to correspond with the effective date of this agreement.
3. Thislagreement will be modified by a supplementary agreement or
superseded by a revised agreement in the event the safety lighting
settoutiaboveeoreincorporated within a continuous illuminations system.
Supplementary or revised agreements shall conform with the then cur-
rent policies of cia Texas Highway Department,
4. The State's financing of the maintenance and operation of the safety
lighting system will not extend tenor include the operation and
maintenance of any primary lines and incidental equipment necessary
to connect the safety lighting system with power stations,
5. The State's obligations for operation and maintenance of the safety
lighting system shall cease should the route on which it is located
be dropped from the State Highway System,
6. This agreement may be terminated automatically thirty (30) days
after the filing of a written notice by either party of a desire
for cancellation,
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IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the
City of on the day of
19 and the State Highway Department
on the day of `)~:•T!'..rh ~i 19
ATTESTi 4
1/ / I
CITY OF ,
r BY
4.t f~
(Tit15 f Signing Official)
TIM STATE OF TEXAS
Certified as being executed
for the purpose and affect of act-
tvating and/or carrying out the
orders, establish policies, or
work programs heretofore approved
and authorized by the State Highway
~I Commi ssion
BY
A t. State ighway Engines
Authority for execution is accom-
plished under Minute Order No,
60394
Ap7ROVAL RECOIENDEW
Dist t Engineer
Chief ineer of Mat enance
4N Operations
htef Engineer of Highway Design
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Fn¢+A'~
~Y3M1Y . T1d"IPTJ'~
CfTY of DENTON 1215 E. McKinney I Denton, Texas 76201
` MEMORANDUM
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DATE: October 13, 1989
TO. Lloyd V. Harrell, City Manager
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°ROM: John F. McCrane, Executive Director of Finance
SUbJECT: SEPTEMBER BUDGET REPORT
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The 1988-89 budget year has come to a close. The preliminary
results of the 1988-89 budget year indicate that overall
revenues have exceeded their budgeted amount by 1.81 ($701,800),
while the budgeted expenditures are 1.81 ($489$71) below
budget. In sum, the good news is that despite the original
budgeted shortfall and the unanticipated health insurance
crisis, the Fund Balance will not be negatively impacted.
Actual revenues exceeded budgeted revenues due to a substantial
increase in sales tax of 91 over last year, an increase in
Sammons franchise tax from 31 to 51, and an increase in interest
income. Ad valorem tax revenue for 1988-89 is up due to
supplements approved by the ARB Board. These supplements were
subsequent to the approval of the 1988-89 budget, and delinquent r
^ tax collections have continued to be strong. t
1 Revenue shortfalls were experienced in street cuts ($130,000) ,
and Fire Department fines ($58,000). Street cuts were lower
than anticipated due to less act)vity, and the new street cut
fee rate was not approved until July, 1989 (9 months later than
originally planned).
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Memo 'o Lloyd V. Harrell
October 13, 1989
Page 2
On the expenditures side of the General Fund, total expenditures
amounted to $25.2 million. The General Fund also contributed
$363,287 from operating budgets to offset the Insurance Fund
deficit. Departments which over expended budgets include:
DEPARTMENT OVER BUDGET PERCENT
Library $19,186 21
Personnel 16,852 8%
Fire 88,257 11
Police 55,000 11
These areas were addressed by Council with the Annual Budget
Adjustment Resolution passed on September 19, 1989. Once again,
revenues actually exceeded expenditures which result in a
positive effect on the unreserved fund balance.
If you need any additional information, please advise.
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