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HomeMy WebLinkAbout11-05-1991 AGENDA CITY OF DENTON CITY COUNCIu November 51 1991 Work Session of the City of Denton City Council on Tuesday, t November 51 1991 at 5:15 p,m. in the Civil Defense Room of City i Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: k 6:15 p.m. NOTE: Any item listed on the Agenda for the Work session may also be considered as part of the Agenda for the Regular Session, 1. Executive Session: A. Legal Matters Under sec. 2(e), Art. 6252--17 V.A.T.S. 1. consider settlement in Hunter. Cami v..Y of Denton et al. 2. Consider settlement offer in Gorder v City. B. Real E3tate Under Sec, 2(f), Art, 6252-17 V.A.T.S. C. Personnel/Board Appointments - Under Sea. 2(g); Art. r 6252-17 V.A.'T.S. 2. Receive a report and hold a discussion regarding legislation ; passed by the 72nd Legislature that may have an impact on the Muniaipal court procedurally, fiscally or both. Regular Meeting of the City of Denton City Council on Tuesday, November 5, 1991 at 7:00 p.m. in the council chambers of City Hell, 215 E, McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 14 Pledge of Allegiance 2. Consider approval of the minutes of the Regular Session of October 15, 1991 and the Work Ses Jon of October 22, 1991. 3. Yard of tho Month Awards r j, i i r 4 a ~ y f i City of Denton City Council Agenda November 5; 1991 Page 2 4. Citizen Reports A. Receive a citizen report from Richard Walters regarding } City services on Daniel Street. 1 .igarding B. Receive aRcitizeBoard,rt from Artist Thornton r 5. Public Hearings ider an ordinance amending A. Hold a public hearing (and cons the sign ordinance. Planning and Zoning Commission recommended approval 5-1 at its meeting of October 23, 1991.) B, Hold a public hearing to consider alternative plans for adjusting voting district boundaries and `give staff direction with regards to preparing an ordinance. 6. Consent Agenda f Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recoo gendattions. Approval of the Consent Agenda. authorizes the city g designee to implement each item in accordance with the Staff I recommendations. I Listed below are bids and purchases orders to be approved for , payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 7. BO 7.C). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the consent Agenda. A. Bids and Purchase orders: 11 Hid #1286 - Refuse Equipment 24 Bid 01287 - Precast wall construction for Airport substation 30 Bid #1288 - oriole street Paving 4, Bid #1292 - Cleaning of Anaerobic Digester 56 PO ;20243 - J. S, Equipment Service :f, t ~ >ft i i i City of Denton City Council Agenda ` November 5, 1991 Page 3 7. ordinances A. Consider adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. 6.A.1. - Bid ' i $1286) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (6.A.2. - Bid $1287, 6.A.3. - Bid $`1288, 6.A.4. - Bid $1292) C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (6.A.5. - PO 020243) sr D. Consider adoption of ai ordinance approving an agreement between the City of Denton and Denton County Friends of the Family; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. E. Consider adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs, Incorporated; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. F. Consider adoption of an ordinance approving a funding agreement between the city of Denton and Fred Moore Child Care Center; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. G. Consider adoption of an ordinance approving an agreement between the City of Denton and Denton City-County Day ' Nursery; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. t ~ i ~ .:vA0 1 f City of Denton City Council Agenda M November 5, 1991 Page 4 H. Consider adoption of an ordinance approving an agreement between the City of Denton and Community Clinics for Denton County; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. 1 1. Consider adoption of an ordinance approving an agreement between the City of Denton and the Denton Housing Authority to provide funding to TWU Cares, a primary health care clinic ; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. J. Consider adoption of an ordinance approving an agreement between the City of Denton and Hope, Inc. to provide assistance for the homeless; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. f K. Consider adoption of an ordinance amending Chapter 41 "Alarm Systems", of the Code of ordinances of the City of f Denton providing for definitions, providing for apartment complex owners to be responsible for, apartment unit j violations, providing for termination of alarm system permit; providing for a service charge for false burglar alarms; and providing for a penalty in thn maximum of $500 for violations thereof. L. Consider adoption of an ordinance amending section 34-115 (C) (4) of the Code of Ordinances providing for the Citizens Traffic Safety Support commission to have final authority over appeals and variances involving parking lot/driveway permits, (The Planning and zoning Commission and the Citizens Traffic Safety Support commission recommend approval.) M. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of employee group health insurance to Philadelphia American Life Insurance Company. N. Consider adoption of an ordinance amending an agreement between the city of Denton and Sanus Texas Health Plan, Inc, to extend the contract by one month, to provide for revised fees for that month, and to provide for termination. r 1 City of Denton City Council Agenda November 5, 1991 Page 5 0. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Coopers & Lybrand, Inc. relating to professional consulting services for implementing the City's Employee Health Insurance Program. E P. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal agreement between the city of ' Denton and the City of Garland for the purchase of four % remote terminal S.C.A.D.A. unite. (The Public Utilities Board recommends approval.) Q. Consider adoption of an ordinance approving a compromise ` settlement and release agreement with Fernando Martinez.` R. Consider adoption of an ordinance approving the purchase I of a utility easement from Patsy L. Hutton and authorizing expenditure of funds. 8. Consider adoption of an ordinance amending Chapter 20 of the Code of ordinances to create a duty to keep sidewalks, parkways and alleyways clean) providing and abatement by the City for failure to comply) f providing for a penalty in the maximum amount of $500 for violation thereof. e. Resolutions A. Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District. B. Consider approval of a resolution to allow the State of Texas to reimburse the City for signal maintenance. " C. Consider approval of a resolution authorizing the City Manager to execute a lease agreement between the city of Denton and Ernest and Lewis Trietsch for property located at the City of Denton Municipal Airport. i f ,I 110, s City of Denton City Council Agenda Nol,smber 5, 1991 Pac,1 6 9. Miscellaneous matters from the City Manager. k.' i A. Consider a reque,it from Curtis Ramsey regarding a letter of support from the city council to the Justice Department regarding the redistricting of Denton and authorizing the Mayor to forward such a letter of support. B. Report regarding flooding difficulties experienced in - City this week. 10. Official Action on Executive Session Items: A. Legal Matters B. Real Estate Y.; C. Personnel " D. Board Appointments 11. New Business This item provides a section for Council Members to suggest items for future agendas. 12. Executive Sessiont A. Legal Matters Under Sec. 2(e), Art. 6252-17 V. A.T.B, y B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. It` C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. tr NOTEt THE CITY COUNCIL RESERVES THE RIGHT To ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS f{ LEGALLY PERMISSIBLE C E R T I F I C A T E I certify that the above notice of meeting Was posted on the bulletin board at the City Hall of the city of Denton, Texas, on the day of 1991 at a'clock (a.m.) r € CITY SECRETARY k it + 0A 9} z CITY of DENTON$ TiXlla MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 :t y f M E M O R A N D U M DATE: October 29, 1991 TO: Lloyd V. Harrell, City Manager FROM: Harlan L. Jefferson, Treasurer/ SUBJECT: New Legislation Affecting Municip Court Operations This report was prepared in response to the City Council's request for staff to meet with the Municipal Judge and prepare a detailed analysis of the recently approved state legislation affecting the municipal court. The report was developed in a format to facilitate the City Council providing staff with directions 'r regarding each bill. However, you will notice that many of the requirements of the bills are mandatory, and we have complied with ; most of those provisions. For each bill, we provided a summary, impact analysis and recommendation where appropriate. An analysis of the effects of the bill on the municipal court operations is also presented in the F, report summary. The individuals who participated in the development of this report were Sandra White, Municipal Judge, z Michael Jez, Police Chief, Tanya Cooper, Assistant City Attorney, and myself. However, we relied exclusively on the legal department to summarize the bills. The above mentioned bills are listed as follows: T. Summary of House Bill No. 2 ? House Bill No. 2 amends portions of Articles 6675 a-1, 6701d, and 6687b of Vernon's Texas Civil Statutes to add the ; requirement of showing evidence of financial responsibility in { order to register a vehicle, obtain motor vehicle inspection, i or upon applying or renewing a drivers licensee This legislation also speoifies the types of acceptable evidence of financial responsibility. The types of evidence acceptable to satisfy this requirement are as follows: t 8171566.8200 D/FW METRO 434.2519 1 Y" ~ s aYf . •tF I Memo to Lloyd V. Harrell, City Manager October 29, 1991 t Page 2 1. a liability insurance policy in at least the minimum amounts required by the Motor Vehicle Safety Responsibility Act or a photocopy of the policy; 2. a standard proof of liability insurance form promulgated by the Texas Department of insurance and issued by a liability insurer that includes: (A) the name of the insurer; (B) the insurance policy number; (C) the policy period; (D) the name and address of each insured; (E) the policy limits or a statement that the coverage of the a policy complies with at ieiast the minimum amounts of s liability insurance required by the Act; and (F) the make and model of each covered vehicle; 3. an insurance binder; 4. a copy of a certificate issued by the Department of Public , Safety (DPS) showing that the vehicle is covered by self- insurance; 5. a certificate or copy of a certificate issued by the state treasurer that shows that the owner of the 1 vehicle has on deposit with the treasurer money or securities in at least the amount required ($55;000). 6. a certificate or copy of a certificate issued by the DPS t that shows that the vehicle is a vehicle for which an acceptable bond is on file with the DPS; 7. a copy of a certificate issued by the county fudge of a ` county in which the vehicle is registered that shows that the owner of the vehicle has on deposit with the county judge cash or a cashier0s check in at least the amount required ($55,000). l This legislation, as a result of Coit v. State, 808 S W 2d 473 (Tex. Crim. App. 1991), rewords the language creating the offense of operating a motor vehicle without required evidence of financial responsibility and provides for an increased penalty range. The penalty range as of September 1, 1991, is as followst 1. fine upon the first conviction of not less than $175 and not more than $350, but allows for the court to reduce the fine if there is a finding the person is economically unable to pay the fine; SAS 1t it t. F a {i Memo to Lloyd V. Harrell, City Manager October. 29, 1991 Page 3 2. fine for second and subsequent offenses at a fine of not less than $350 and not more than $1,000. House Bill 2 also changes the commonly used name of the Safety Responsibility Act to be the "Texas Motor Vehicle Safety Responsibility Act" and any citation issued for this offense and the convicting court must notify the accused/defendant that j "A second or subsequent conviction of an offense under the Texas Motor Vehicle Safety Responsibility Act will result in the suspension of your driver's license and motor vehicle reg istration unless you file and maintain proof of financial responsibility with the Department of Public Safety for two years from thf date of conviction". 2 Impact of H .B. No,.,. The anticipated overall effect of the bill will be an inorease ; in the number of motorist able to show evidence of financial { responsibility, resulting in fewer citations for this vio- lation. It will be difficult for someone to operate a motor vehicle and not have evidence of financial responsibility since it is needed for vehicle registr€.tion, vehicle inspection, when applying or renewing driver license, and when requesting to take a driving safety course. In response to the bill, the f city will have to complete the followings 1. Train staff on the types of evidence acceptable to satisfy the requirement of financial responsibility. 2, Have police officers check the suspected violator's driving j history and Pile higher charges through the District Attorney's office for second and subsequent offenses which are outside tine Municipal Court jurisdiction. 3. Update the Affidavit of Probable cause to ref loot new types of evidence acceptable to show financial responsibility. j 4. Change the citation to reflect the new name of the Act and provide a warning regarding subsequent convictions, Items 1 and 2 have been completed and we are in tho process of drafting a new Affidavit of Probable cause and citation. Since we had previously redesigned the citation and had postponed making any orders until we've integrated changes from the last legislative session, we can a.:aomplish items 3 and 4 within the current limitations of our budget and with little difficulty. 1 Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 4 without history on the impact of the mandated higher fines, it is not possible to ascertain with any :ertainty the impact on revenues of the higher fine. It is however possible to alert you to the possibilities which could affect revenues, such as the increased fines could result in loss revenues due to more defendants appealing these cases to the County Court, and due to the provision whereby a defendant can seek reduction of the fine due to economic inability to pay, and due to more defendants complying with the law. on the other hand, the higher fine could result in an increase in revenue, inability to pay is not raised and defendants pay either on i pay plans or in lump sum and we have the sufficient resources T needed to process the paperwork required for non payment enforcement. ' Recommendations it is recommended that we finish the action needed to become in full compliance with H. S, No. 2• II. Summary of House B.11 70 House Bill 70 provides for an additional $3 court cost to be assessed upon all convictions under the Uniform Traffic Act, These funds are to be maintained for the municipality. j This legislation also changes the eligibility requirements for , a person attending a driving safety course. Formerly, article 6701d, Sea. 143A (a) (2) only allowed a person to attend this course every two (2) years for dismissal of a ticket. Now a person must be granted a driving safety course if timely requested and the person has not attended a driving safety E course for one (1) year immediately preceding the date of the alleged offense. Additionally, House Bill 70 creates a condition that the defendant py.ovide the Court with proof of financial responsibility before a driving safety course may be granted. Again, hopefully, this will encourage persons to maintain adequate financial responsibility to cover the cost of damages arising out of any accident. Tipaot of ouse Bill No. 70 Because House Bill 70 allows individuals to utilize a driving safety course annually for a citation dismissal, it will reduce our revenuer This means that our average citation cost of $65.00 will be substituted by only a $10.00 administrative fee, a $3.00 court cost, and a $11.00 defensive driving school fee. Initially we believed that the number of dismissals for driving safety courses would double. However, three factors Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 5 will prevent this from happening. First, most defendants were not aware of 'she change in the law. Secondly, you have to provide evidenoe of financial responsibly to have a citation dismissed. Th.iidly, increases in court cost and the driving safety course fee eliminates the financial benefit of this ! option for defendants. For the first two months this bill was in effect, we only experienced a 12% increase in requests. Therefore, a 50% increase in dismissal is the worst case estimate for the year. The chart below uses a three year average for convictions under the Uniform Traffic Act and driving safety course dismissals to project the fiscal impact of this bill. Revenue source Revenue gained/loa Conviction Court Cost $ 26,480 DSC Dismissal Fee 11,050 DSC School Additional Revenue 3,000 DSC Dismissal Fine Loss l 71=9251 Total 31,295) The only action the staff had to take was to program the Municipal Court software to accept the new court cost. This was accomplished in September. The additional $3040.00 revenue from the City owned driving safety course will only be available if classes may be held in the city Council chambers on a more regular basis. Recommendation: it is recommended that we continue complying with 8.8. 70. We have been in full compliance with this bill since its effective date of september to 1941. Ill. Summary of House Dill No, 166 House Hill No. 166 prohibits state agencies and political subdivisions from establishing or maintaining a system for evaluating, promoting, compensating, or disciplining a peace offioer based upon the issuance of a specified number of traffic citation or a municipal court judge based on the amount of revenue collected from traffic convictions. it does, however, appear municipalities are not prohibited from considering the source and amount of revenue collected from the municipal court when evaluating the overall performance of a judge so long as no predetermined amount of revenue is required. Additionally, this legislation does not prohibit the municipality from getting budget information, including t I; r Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 6 projections, from the Court. This bill does not require any action by staff or the city Council; therefore, we did not provide a recommendation. t IV. summary of House Bill No 407 j House Bill 407, relates to increasing the fine for certain misdemeanors. This legislation amends the Texas Penal Code and provides if a defendant is found guilty of a Class C misdemeanor, punishment shall be by a fine not to exceed $500. Previously, the maximum fine permissible for any violation of a Class C misdemeanor was $200. Offenses most often filed in the city of Denton Municipal Court which will be subject to this increased fine include the followings 1 1. Assault 2. Disorderly Conduct { 3, Public Intoxication 4. Theft (property value under $20) 5. Reckless Damages or Destruc'i-ion ; 6. Criminal Mischief (property damage under $20) ; 7. Failure to Identify 8. Failure to Appear House Bill 407 also amends court costs as follow3: a 1. The court cost required to be assessed for the criminal justice planning fund shall be $5 in cases where the maximum fine is $500 and $10 in cases where the maximum ; Pine exceeds $500. 2. The court cost required to be assessed by the Crime Victims Compensation Law is $15 on conviction of a city ordinance violation punishable by a fine of more than $200 or on conviction of a misdemeanor punishable by a fins of more than $500. The court cost is $5 on conviction of a municipal ordinance punishable by fine of not more than $200 or on conviction of a misdemeanor punishable by fine of not more than $500, other than parking or pedestrian violations. Impact of -House Bi11 X41 The only action this Bill requires of staff is programming changes to the municipal court software which will accommodate the new court cost. This was accomplished in September, 4 ,i t Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 7 However, it is the Municipal Judge's decision whether or not to raise the fines for the applicable offenses. The Municipal Judge describes the decision making process for increasing fines as follows: "One can look at the fiscal impact in two ways. Certainly fines for the offenses can be raised. The current average fine is $107.50. Raising the fines does not necessarily mean increased revenues, more than likely it will mean more pleas of "not guilty", thus requiring expansion of the Court's trial dockets. It will also mean that Defendants will plead indigency, thus expanding our Indigency Hearing court When ethe thus increasing the number of cases on pay plans. case finally goes into warrant, it will mean more people in jail laying out their fines, costing the city money to incarcerate them, or one could assume that the higher fines will be paid and revenues will increase accordingly. My experience indicates that the first scenario is more likely." Reoommendations it is recommended that we continue complying with H.H. 407. It is possible that the iludge will increase fines for these offenses either on a case by case basis or on a sliding scale based on the prior record of the defendant, however we do not anticipate any drastic increases. We were in compliance with this bill as of its effective date September it 1901. V. ;summa y of House Bill No. 598 House Bill 598 amends provisions of the Uniform Traffic Act relating to driving safetit courses and provides the court may exercise discretion in granting a request to take a driving safety course under either the mandatory or permissive sections upon the written motion of the defendant submitted to the court at any time prior to final disposition. Previously, the defendant was required to request to attend a driving safety course prior to the citation's appearance date in order r to require dismissal of a ticket under the mandatary provisions of the Uniform Traffic Act. As a practical matter, courts allowed many driving safety course requests to be processed after that time. This legislation merely provides express authority for the Court to exercise discretion in granting driving safety course requests which are made after the defendant's original appearance date. ti ' r u~.B'IiSEryj h Memo to Lloyd V. Harrell, city manager October 29, 1991 Page 8 li This legislation also create,a a new requirement on the Court. In the event a defendant fails to provide proof of course completion within the time allotted by the Court, the Court t III must notify the defendant in writing of the default and require the person to appear for a show cause hearing. If the defendant can show good cause why the proof of completion was not submitted to the court as required, the Court may allow an extension of time during which the defendant may submit the uniform certificate of course completion. If the defendant fails to appear at the time and place for the show cause hearing, this would constitute an offense punishe,ble in the same manner as a violation of written promise to appear. t Impact of House Bill No. 598 By extending the time period that a defendant has to request E to take a driving safety course, from the appearance date to any time prior to the final disposition of the case, this bill has the potential of complicating the process. This change would prolong the processing of thousands of cases. Fortunately, this change is not mandatory. However, it is 4 mandatory that we notify the defendant in the event he does not provide proof that he successfully completed a driving safety course and require him to attend a show cause hearing. F We would have to utilize certified mail to contact each defendant and schedule an additional court docket to handle the hearings. As a result, this bill will increase the workload of the municipal court staff. Additionally# we estimate the certified letters will cost $1200.00 for the 1 1991/92 fiscal year. } Recommendations it is recommended that we do not extend the time period a defendant has to request to take a driving , safety course and comply with the remainder of the bill. VI. ,Si1 aaxy of House Bill No. 944 House Bill No. 944 amends a number of statutes relating to thn handling of situations involving juveniles. The legislation grants a municipal court additional jurisdiction for criminal prosecution of juveniles (persons 10 through 16 years of age). Previously, municipal courts had jurisdiction over juveniles in offenses involving a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state. Now, r TT... _ ~1. i'153~ify"j a t~ Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 9 municipal court jurisdiction has been extended to include i offenses involving a misdemeanor punishable by fine only other ; i than the offense of public intoxication. This legislation, however, allows municipal courts to transfer their jurisdiction to the juvenile court in certain situations and requires this transfer in specific instances, Tha bill provides a municipal court shall waive its original jurisdiction and refer a child to the juvenile court if the child has previously been convicted oft 1. two (2) or more misdemeanors punishable by fine only other than a traffic offense or public intoxication; 2. two (2) or more violations of a penal ordinance of a 1 political subdivision other than a traffic offense; or 3. one (1) or more of each of the types of misdemeanors { listed above. A municipal court may waive its original jurisdiction and refer a child to juvenile court if the child: 1. has not previously been convicted of a misdemeanor punishable by Pins only other than a traffic offense or public intoxication or a violation of a penal ordinance of a political subdivision other than a traffic offense I or i 2. has previously been convicted of fewer than two (21 misdemeanors punishable by fine only other than a traffic offense or Vuhlic intoxication or two (2) violations of a penal ordinance of a political subdivi- sion other than a traffic offense. ;4_ Additionally, if a municipal court retains its original jurisdiction in these cases, the municipal court in which there is complaint against a child alleging a pending a violation of a misdemeanor offense punishable by fine only other than a traffic or public intoxication or a violation of a penal ordinance of a political subdivision other than a traffic offense shall notify the juvenile court and shall furnish the juvenile court with a copy of the final dispositions of any matter for which the municipal court has not waived its original jurisdiction, It is my understanding the juvenile court for Denton County has developed a form for :S i i 1 i 1 r Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 10 this procedure, and has included a time deadline of five (5) working days for submission of these reports. Impact of House Bill No. 944 This bill will increase the workload of the Municipal court regardless of whether we retain or waive the additional jurisdiction. in the event we retain the jurisdiction, we will have to consider the followingt 1. The cases will have to be maintained separately from the adult cases. 2. The cases will have to be processed manually because of the sealing requirement. J 3. Tracking of defendant conviction history will have to be done manually in compliance with the bill, a 4. Cases will require closed hearings. This will i necessitate the creation of a new docket. i 5. Fines in excess of $100.00 cannot be assessed. %p 6. Because warrants cannot be issued for the arrest of .j juveniles, we have virtually no enforcement mechanisms. , Juveniles will be able to go unpunished, in the event the City waives its jurisdiction and allow the County's juvenile court to handle these casesi 1. All information and findings must bc. forwarded to the juvenile court. 1 ! 2. The juvenile court has a wide array of options to encourage juveniles to adhere with judgements', These options involve the use of juvenile probation officers p to sentencing the juvenile to detention in Texas Youth commission facilities. Rocommendationt it is recommended that we waive this new jur- isdiction. This io recommended for t'he court will have no enforcement capability to assure compliance with its judgements. This would make us less effective than the county's juvenile court. Additionally# when considering the minimal fine amounts and the fact that payment will only be on r a volunteer basis, the time, energy, and effort exhausted on . i I AC* r, t Memo to Lloyd V. Harrell, City Manager October 29, 199:1 Page 11 these cases will not be offset. We believe the city could only do an effective job with these cases if we establish a teen court. VII. Summary of House Bill No, 960 House Bill No. 960 creates a new section, (Article 45#56) in the Code of Criminal Procedure to specifically provide a municipal court judge with discretion to allow a defendant to enter a treatment program for chemical dependency and upon completion of this program gain dismissal of a pending criminal charge. The Court may defer proceedings on a plea of guilty or nolo contendere or on a finding of guilty for a w period of 90 days without entering an adjudication of guilt if I the Court finds that the offense resulted from or was related to the defendant's chemical dependency and if an application for court-ordered treatment of the defendant is filed in accordance with Chapter 462 of the Health and Safety code. At the oonelusion of the deferral period, the judge shall dismiss the charge if satisfactory evidence is presented that the f~ defendant was committed for and completed court-ordered treatment. If the defendant does not present satisfactory 14 evidence of completion, the Court malt impose the fine assessed or impose a lesser Pine and the imposition of any fine results in a final conviction of the defendant in the case. Impact-of House ill No 960 ?.i The discretionary authority, regarding deferred adjudication, that this bill provides the Municipal Judge already existed ,f under Article 45.54 of the Code of Criminal Procedures. Therefore, we do anticipate any problems implementing this bill. The type of deferral it offers is very similar to the } other deferrals offered by the Municipal Court. The primary difference between this bill and the Municipal Judge's existing authority is that this bill does not allow for the assessment of a special expense to cover cost of administering the case. It is believed that the state wants to provide alternatives to fine payment for dealing with Class C offenders. Recommendations It is recommended that as a standard praotioe, we continue to offer deferrals for this situation under article 45.54 of the Code of Criminal Procedure. This will permit us to charge a special expense co offset adminis- tration costs We find that most defendants would rather pay the special expense fee than be convicted of a crime. ,J]`Y4r ' . 5KN!is i 2 }'{p]AgJ'y~ r I ~ i Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 12 VIII.Summary of House Bill No. 1342 House Bill 1342 creates an offense for a person to knowingly falsify any information or verification required in connection with a commercial driver's license. This offense is classified as a Class C misdemeanor, It is also a Class C misdemeanor to drive a commercial vehicle in violation of any restriction or without proper license endorsements, The most significant portions of this legislation relate to conditions for attending a driving safety course and granting of deferred adjudication for dismissal of traffic offenses arising out of the operation of a commercial vehicle. An operator of e commercial vehicle may not attend a driving safety course and , be granted a deferred adjudication for dismissal of a traffic offense if the offense is one defined as a "serious traffic violation" in Article 6687b-2, sea. 3(26) of the Commercial nriverfe License Act, serious traffic violations when operating a commercial vehicle are classified ai follows: 1. excessive speeding, involving a single charge of any speed 15 miles per hr,zr or more above the posted speed limit) 2. reckless drivingl 3, a violation of any state or local law related to motor vehicle traffic control, including any law regulating the operation of vehicles on highways, other than a parking violation, arising in connection with a fatal accident. Serious traffic violations do not included vehicle weight and vehicle defect violations) 4. improper or erratic traffic lane change; or 5. following the vehicle ahead too closely. Impact of House Bill No. 1342 House Bill 1342 will require staff training, a change in our citation, and a change in our Municipal Court software. Our ; goal is to provide a space on the Municipal Court software which can be used to identify a commercial vehicle. This designation will be made by the police officer in the field on the revised citation form. And finally, we will train the Municipal Court Clerks on which offenses a commercial vehicle operator is ineligible to take a driving safety course. These steps should assure compliance with the bill. 1 •1 Uri)]1N 1 t ' Memo to Lloyd V. Harrell; City Manager October 29, 1991 Page 13 Recommendations It is recommended that we comply with Hous• Bill 1342 by revising our citation form and Municipal Court software. since we are already prepared to revise the citation, no extra axpanse will be incurred. IX. Summary of House Bill.;1o. 2183 { House Bill No. 2183 basically creates penalty enhancements for the offenses of Purchase of Alcohol by a Minor, Consumption of Alcohol by a Minor, and Possession of Alcohol by a Minor. A person who has previously been convicted of one of these offenses may upon second conviction be assessed a fine of not less than $100 nor more than $500. Additionally, this legislation provides that the Court may require a defendant upon a first conviction for any of the above-listed offenses J to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse or a similar alcohol awareness course approved by the Court. Alcohol awareness course attendance is to be in lieu of assessing a fine in the case and the Court shall require evidence of satisfactory completion of the course. Alcohol awareness course attendance h is mandatory in addition to payment of the assessed fine if the person is convicted a second or subsequent time for one of 4 these alcohol-related offenses. I Impact of House Bill 2183 With regard to the first offense, the bill is discretionary. In fact, we can accomplish educational and rehabilitative intent with our current deferral process. We have had an Alcohol Awareness Program for a number of years. Again, this I bill does not allow for special expense for deferrals and our existing deferral program does. ~ 1. The mandatory portion of this bill will require the Municipal Court to maintain history files on Alcoholic Beverage Code violations. This will be needed to assess the propty fine amount. 7 Recommendations It is recommended that we utilise the { existing deferral program instead of the discretionary portion of this bill. f ae Ll aK.::!x;~ I Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 14 i _ X. Summary of Senate Bill No. 355 i Senate Bill No. 355 relates to the disposition of fees imposed for execution or processing of a warrantor capias and amends Subsection (a) (2), Article 102.011, of the code of Criminal Procedure. This amendment makes provision for the allocation of the $35 warrant fee which is charged against a defendant upon conviction of a misdemeanor for services performed in the ease by a peace officer. The amendment specifies that the law enforcement agency that executed the arrest warrant or capias may request payment of this fee from the Court, provided that the request is made not later than the 15th day after the date of the execution of the warrant. In the event such a request is not made, the warrant fee imposed will be for the services of the law enforcement agency that processed the warrant. From this amendment it appears that, if a University of North Texas police officer served a City of Denton warrant, the University could, upon proper notice to the Court, be entitled to receive the $35 warrant fee assessed in that case. However, it appears that this situation may be handled by an interlocal agreement between law enforcement agencies that the executing agency will not seek to claim any warrant fees and } allow all warrant fees to remain for the benefit of tnc+ processing law enforcement agency. In that event, the Denton Police Department would not seek to collect the warrant fee when serving a warrant originating from a participating city and other participating law enforcement agencies would not look to the City of Denton for warrant fees when serving Denton warrants. At this point it is impossible to predict what every city's position on this subject will be and if proper request for this fee is made by the executing law enforcement agency, a mechanism will need to be established to account for and remit these funds. Impact of Senate Hill NO, 355 It appears that this situation may be handled by an interlocal agreement between low enforcement agencies. The executing agency will not seek to claim any warrant feed and allow all warrant fees to remain with the processing law enforcement agency. In that event, the Denton Police Department would not seek to collect the warrant fee when serving a warrant origi- nating from a participating city and other participating law enforcement agencies should not look to the City of Denton for warrant fees when serving Denton warrants. At this point it is impossible to pred.l.ct wha,.: every city's position on this s G. i 1 Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 15 } subject will be and if proper request for this fee is made by ust T the herefore, a mechanism will be established to account for and remit these funds. Recommendations it is recommended that the city become a 1 { j party to the interlocal agreement and develop a mechanism to process request from jurisdiction that are not a part of the agreement. XI. No. 460 arv of Senate t No. 460 allows for the assessment of court costs Senate Bill not to exceed ed $5 for cases involving parking or stopping i s~ vehicles in violation of city ordinances. For the City of Denton, this legislation is permissive, rather than mandatory, ; since the population of the City of Denton is below 850,000. The funds generated from this new fee are earmarked to fund city programs for school crossing guards, in the event the city does not operate a school crossing guard program, the. t city may deposit these funds in an interest bearing account ar' expend these funds for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention. This legislation also amends the amount of court costs which are required to be assessed for offenses committed in a school f - crossing zone, for overtaking and passing a school bus, and for a parent failing to send their children to school. These ; court costs are also to be separated from general court costs collected by the Municipal Court and are to be utilized for school crossing guard programs or other child safety related programs as previously discussed. imnaat of aajte A~11 No 46Q The city council recently approved a major budget issue to double parking Pines that are not paid in twenty days. These fines range from $3.00 to $35,00. Therefore, if we implemented the discretionary portion of this bill, by adding an additional court cost to parking violations, we will be substantially increasing parking fines. The court cost is also not appealing because the revenue would have to be designated for programs for school crossing guards. Although late payments it 100%. .usedeforrevenue have such a h doubling ten Pine DISD is funding from rr t 4"' ' ' ,.xo,nro i ry'' t?tiesr4,y l i Memo to Lloyd V. Harrell, City Manager October 290 1991 Page 16 General Fund purposes. The court cost assessed under the mandatory portion of the bill regarding offenses committed in a school crossing zone can go toward a child safety related program (i.e. the D.A.R.E. Program). Recommendations It is recommended that we not increase the court cost on parking or stopping vehicle violations. This s would conflict with the City oounoil#s major budget issue decisions. Additionally, we recommend utilizing the revenue from the mandatory court cost to offset our existing child safety programs. 4 XII. Summary of Senate Bill-No. 757 Senate Bill No. 757 provides that driving safety courses, in order to be acceptable for dismissal of violations of the i Uniform Traffic Act, be conducted in Central Education Agency s approved schools. Additionally, the court's authority to approve any other types of completion documentation is eliminated. This legislation further expands instances in which a defendant a o be granted a driving safety course' for dismissal of a citation. These new offenses in which a a driving safety course are not allowed area 1. failure to remain at the scene of an accident; 2. failure to provide information or aid at the scene of an accident] and 3. fleeing a police officer. The provision of this legislation which will have the greatest. impact upon municipal court operations is the requirement that a defendant must now complete a Central Education Agency approved driving safety course as a condition of citation dismissal pursuant to a deferred adjudication whenever the { offense involves the operation of a motor vehicle. impact of Senat§-B111-NQA-2-U Requiring compliance with this condition will make deferred ; adjudication a less viable option for defendants. This will Y ultimately result in an increase in the number of trials and appeals. An example of the problem this provision creates is in the use of a deferred adjudication in a cage involving the offense of failure to wear a safety belt. Previous to , j i Memo to Lloyd V. Harrell, City Manager 'M October 29, 1991 Page 17 September 1, 1991, the Court would place a defendant on E deferred adjudication for the offense of failure to wear safety belt and allowed the defendant to attend the Police Department's seat belt class, provide proof of attendance and gain dismissal of the citation. Now a defendant in the same i situation would also be required to attend a driving safety course along with the seat belt class, increasing the cost and time involved to the defendant. As a result, most defendants ! will choose to simply pay the fine and will not receive the educational benefit of the seat belt class. However please note, a passenger in a vehicle charged with the offense of failure to wear seat belt would not be required to attend a driving safety class as a condition of dismissal under a deferred adjudication, even though the offense arises under art. 6701d, becau:ie in that instance, the offender is not operating or driving the vehicle. This bill will also increase the time requirement of the Municipal Court staff. Appealing and pleading "not guilty" will bemore attractive than deferred adjudication to many defendants. This will increase court docket time for our personnel. Recommendationt it is recommended that we comply with 96nate Hill No. 737. Unfortunately, there are no disorstionary areas f of this bill. XII. Summary of Senate Bill No, 883 Senate Bill No, 883 allows a peace officer to issue a j citation that gives an accused written notice of when and where to appear in front of a magistrate rather than taking the person into custody. This provision is applicable in any Class C misdemeanor offense except the offense of public in- toxication. This legislation requires that the citation ffiUat s contain a written notice of the time and place the person must appear bgfor~ a magistrate, the name and address of the person charged, and the offense charged. It is unclear whether the citation will need to conform to the code of criminal Proo- educe requirements of a personal appearance bond since that is the basic function it would perform in this instance. It is the Legal Departments opinion if that were the Legislature's intent, it would have specifically referenced the agplioabla ! code provisions. However, this provision may be interpreted as requiring the citation to specify a date certain for the defendant to appear before tho magistrate. This is the same procedure in which appearance dates are established for defendants posting bonds to secure a release from jail. Y Memo to Lloyd V. Harrell, City Manager 1 October. 29, 1.991 Page 18 Impact of Senate Bill No. 883 This bill will benefit the Municipal Judge and Police Department. Both will be able to save time processing defendants. For its implementation, we will need to develop a separate misdemeanor field release citation form for use in non-traffic situations. The current citation format instructs the defendant to appear at the Municipal Court on or before a F given date and is utilized whenever an officer issues a citation whether the offense is a traffic violation or a non- traffic (class C misdemeanor or Code of Ordinance) violation. The only concern regarding this bill is whether or not store managers will object to its utilization. Stores with a high number of thefts may prefer defendants be arrested. Therefore, if the bill is implemented, the appropriate store managers should be informed of the change in policy. Recommendations It is recommended that whenever feasiblo we issue a citation as opposed to arresting defendants. Report Summary As mentioned ear;.ier, many of the mandatory requirements have been implemented. We need directions from the City council to i, implement the remainder of the mandatory requirements, as well as, the discretionary activities. Many of the bills increased the workload of the Municipal Court by adding time consuming task. Unfortunately, the Municipal Court staff was already overburdened with procedural changes resulting from cave law evolving in higher courts (s,g. Colt v. state and Marti,i v. State). it would be easy to say that additional staff is needed to handle the increased activities; howsver, I believe that should be our last alternative. Increasing the courts automation capability ' should occur before attempting to evaluate the staffing levels. The three potential areas of improvement are as follows: 1. Automated answering phone systems. This system would answer the phone and provide specific information in the form of number selections for categories of frequently asked questions. Some of the area cities that utilize such a systom are Dallas, Fort Worth, Eulese, Bedford, and Richardson. Judging from the experiences of these cities, we believe one worker year could be saved by this system. T_.. ~va. r. , - eaFx+~s~57 i r Memo to Lloyd V. Harrell, City Manager October 29, 1991 Page 19 We would also be offering the public the additional service of providing information after 5:00 p.m., on weekends, and t. holidays, since the system will respond to calls 24 hours ` a day. The funds for this system are already available i under the bond program. ? f 2. Wordprocessirg System. The time spent on performing many of the clerical activities of the Court could be reduced by the use of a word processing system. The tasks that will f[ f be affected are as follows: a. Design of new forms F b. Drafting letters to defendants e. Producing exotic or seldom used documents I d. court docket design and production e. Correction of errors in complaints and affidavits. We are not budgeted to purchase the software and hardware necessary to become a part of the City's current system which would cost $3,000.00. a, New or Improved Municipal Court _ Com ut TSve p tem. The legislation regarding the Municipal Court is changing so rapidly, it id difficult for our current syotem to keep up with the many changes. We find that more otter, than -not, we must adjust the way we operate to accommodate the Munic ipal Court computer system as opposed to changing it. The E new features required in the Municipal Court software aret a, High flexibility in violation area, state assessments, and fine area. a b. Forms design word processing sub-system. c. Higher speed - Faster reaction time. d. Case note file for comments. e. More sophisticated ticket control. f. User report designing. g. Full function case tracking. 7 "I I lj Memo to Lloyd V. Harrell, City Manager t; October 29, 1991 Page 20 Again, a change in this area can drastically reduce staff.' time and improve efficiency and effectiveness. It is be- lieved that a number of the above mentioned features can be obtained by rewriting the current system. Therefore, the f" cost of such a system could range from minimal expense for y rewriting it to hundreds of thousands of dollars for a new system. The proper way to proceed would be to work with the Information service department to determine if a rewrite, f another public domain system or a costly new one is needed. Recommendations Tt is recommended thr,t we purchase an automated phone answering system , a wor.0. processing system and initiate the process to rewrite or replace the Municipal Court computer system. The emphasis shall be on locating the most cost effective system to most our current and foreseeable future needs. The legislation reviewed above will have an adverse affect on the revenue and expenses of the Municipal Court. The particular items that are not budgeted for are as followst Bill Description RevenuelExcense House Bill 70 Conviction Court Cost $ 26,480 House Bill 70 DSC Dismissal Fee 11,050 House Bill 70 DSC School Additional Revenue 31000 House Bill. 70 Driving Safety course # Annual Eligibility (71,825) House Bill 598 Certified Letter for DSC Defaults (lr200) Senate Bill 460 school Zon6 Violation ! Court cost 21000 Word Processing System (3,0"00) Total $ (330495) ij If you should desire any additional information, or have any qunstions with regard to the contents of this report, either contact myself or any of the others who assisted in its preparation. 1 ' arn~zn ,'~•Si17iiYe. O~ CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 15, 1991 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tom Hopkins; Council Members Alexander, Chew, Perry, Smith. ABSENT: Council Member Trent 1. The Council convened into the Executive Session to discuss legal matters (considered action regarding In re: Flow and considered action in Small v. City), real estates and personnel/board appointments (considered appointments to the Cable T.V. Board, the Airport Advisory Board and the Beautification commission). p; Mayor Pro Tem Hopkins left the meeting during the discussion of in s re: Flow. i, 2. The Council received a report and held a discussion regarding the annexation of Corbin Road. Rick Svehla, Deputy City Manager, stated that staff had been trying to determine if the City should annex portions of Corbin Road which' had low water crossings. Currently, each time it rained, City personnel had to go out and close the barricades to the road and when the rain was over, they had to go back out and reopen the barricades. Staff was proposing annexing portions of Corbin Road and closing those areas at the low water crossings. This would still allow people access to their property on both sides of 135. A fifty foot strip on the north/south part of Corbin Road between Airport Road and Springside Road would be annexed plus a triangular E piece of land on the east/west portion of the road as it crossed j under I35W. Once the areas were within the City, the roads could be barricaded at the low water crossings to eliminate access in those areas. Other options included continuing operating in the present manner or building bridges at least in one area. Mayor Pro Tem Hopkins asked how many homes would be impacted. Svehla replied approximately five in the immediate area. z Council Member Perry asked if the residents in the area had been contacted. Svehla replied no that staff was waiting to see if Council was willing to close the road before contacting the residents. Mayor Castleberry asked if the area could be disannexed. } } f, HiVY-i5c Z II City of Denton City Council Minutes October 15, 1991 Pale 2 Svehla replied that a much larger area would have to be disannexed. C Lloyd. Harrell, City Manager, stated that there would be no residences annexed only the road so as to be able to close the road and eliminate the dangerous low water crossings. Svehla relied that the annexation could be reduced to 40 feet if necessary. A 50 foot strip was suggested in order to be sure the entire road was annexed. After discussion the Council consensus was to bring the item back ~i for further discussion at a later date. 3. The Council received a report and held a discussion regarding the proposed County Road Bond Issue. Rick Svehla, Deputy City Manager, stated that the Council would be considering a resolution regarding this issue in the regular meeting. The County proposal included nineteen different projects in the County. A number of those were on the city's transportation' plan, and would be essential to helping the City develop its high intensity or economic development areas in the City. The projects which would have a major impact on the City would be Ryan Road, Jim' Christal Road, Farm-to-Market 2499, country Club Road, and Crawford Road. There were also other roads near the City that would be i upgraded to county standards. City Manager Harrell stated that recent newspaper reports had stated that the proposal would only benefit the southern part of the County. That was not true as Denton would benefit from the issue. Svehla stated that approximately $10 zillion was being projected for the three major projects in Danton's area. That was $10 million out of a proposed $34 million project which would include the secondary projects which would benefit Denton. It was felt, that the proposal would enhance the economic developmen4. of the entire county, provide for an improved transportation system, and increase county involvement with transportation issues. ` 4. The Council received a report and held a discussion regarding the assignment of Medicare benefits for ambulance services. John MaGrans, Executive Director for Finance, stated that Council recently had received a citizen report requesting the City accept Medicare assignments for ambulance services. The City currently charged a base ambulance transport fee of $120.00. Of this amount Medicare paid only $64.15 for those individuals who qualified. Of = -T~ lnar±z'i.:City of Denton City Council Minutes October 15, 1991 Page 3 a $300.00 emergency transfer, which would include any transportation outside of the City, Medicare still paid only $64.13. Other fees such as oxygen, drugs, etc, were often disallowed by Medicare. If any were allowed, only a percentage of the actual charge was paid. If the City were to accept assignment for these fees, no other reimbursement, either from the responsible individual or additional insurance carriers, could be recovered. Therefore, the City would be losing approximately 50$ of its eligible fees. Currently the city spent approximately $975,000 for r its emergency medical services. Based on the number of alarms and the number of individuals transported, the City was not recovering its cost associated with the ambulance services. If the City took Medicare assignment, it would lose approximately $3040,000 in fees that could not be billed out to individuals. s; Council Member Perry stated that there was a substantial elderly ' population in Denton and by not accepting Medicare payments, the City would be denying them that privilege. McGrane stated that out of 14 cities surveyed, only two cities in the area accepted Medicare assignments. Council Member Smith asked if the Brackett ambulance service did the same service as the City did. svehla replied that it could only transport patients. It did not have emergency services. MoGrane stated that the City staff did help individuals complete the appropriate forms for the individual. Mayor Pro Tam Hopkins stated that the City budget had these costs built into it and that nuthing could be done this year with the fees. If the council desired to do something in this area, it needed to be studied and considered during next budget discussions, j Consensus of the Council was to not change service at this time, 5. The Council was to receive a progress report and hold a discussion regarding the proposed contracts with the upper Trinity Regional Water District and give staff direction, This item was considered under the Miscellaneous Matters from the City Manager during the regular session. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. r City of Denton City Council Minutes October 15, 1g9i Page 4 PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; council MEmbez-s Alexander, Chew, Perry, Smith. i ABSENT: Council Member Trent 1. Pledge of Allegiance The council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Session of October 1. 1991. Hopkins motioned, Smith seconded to approve the Minutes. Motion carried unanimously. The Mayor presented the following proclamations: Certified Professional secretaries month Red Ribbon week National Hospice Month „t 3. The Council received a report from Winn Walton regarding y ' redistricting. Walton stated that the r•tudent citizenry of Denton was unique both geographically and demographically. They made up over one-third of the voting age population and had a vested interest in local affairs. Their concern was with the current systea of electing ` i City Council and the manner in which the lines were drawn. Currently three of the four single member districts met in the middle of the North Texas campus. Roughly four thousand voting age students lived on campus and another ten-fifteen thousand lived in the neighborhood immediately surrounding it. The current system disallowed students direct representation on the Council and it bred confusion and frustration in situations when students needed to work with their particular council member. The council had an opportunity to improve upon the plan drawn ten years ago. The three proposals drawn by the City staff worsened the situation rather than improved it. The University of North Texas Student Association strongly supported a 6-1 system and was currently circulating a petition to that end. A 6-1 system would also increase minority representation. other cities with large student populations had provided for representation. He announced the formation of a Denton Citizens Redistricting Task Force. The Task ' Force would be looking at a 6-1 plan, an 6-1 plan or any other plan suggested by individuals. 5 x ~MIn"kYa•. 1 I City of Denton city council minutes October 15, 1991 Page 5 Council Member Alexander asked Walton how other cities were dealing with the student population. Wal+on replied that the cities had either redrawn district lines to inciude a student district or had provided for non-voting Council Members for the student body. 4. Consent Agenda Alexander motioned, Chew seconded to approve the Consent Agenda as presented. Motion carried unanimously. j A4 Bids and Purchase Orders i 1. Bid ,1283 - Brochures for Parks and Recreation B. Tax Refund i~ 14 Considered approval of a tax refund to Imoo Realtor Services, Inc. for $975.93. 2, considered approval of a tax refund to Imco Realty Services, Inc. for $1,808.32. C. Plats and Replats 1. Considered the preliminary plat of 10.018 acres of land on the south side of Scripture Street, -664 feet west of Bonnie Brae. The tract encompassed Phaseo 1 and 2 of Lot 1, Block At M,H.M,R. Center Addition,, (The Planning and Zoning commission recc;!mended approval.) 5. Ordinances j A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.1. Bid 01283) The following ordinance was considered.- 91-153 j AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. f Z { City of Denton City Council Minutes October 15, 1991 Page 6 1 Perry motioned, Chew seconded to adopt the ordinance. t Mayor Pro Tem Hopkins asked where the business which was to be , awarded the bid was located and why there was only one bid. Denise Harpool, Senior Buyer, stated that the business was located in Denton. ' City Manger Harrell stated that the bid specifications mandated that the successful bidder had to sell advertising for 9A aertain portion of the brochure so that the city could reduce its out-of- pocket expenses. Some of the other printing firms which could bid on the project simply did not want to take on the job of soliciting advertising. Next year the proposal would be bid as an alternate bid for those who did not want to deal with the advertising portion of the bid. On roll vote, Alexander "aye", Hopkins "aye', Smith "aye", Chew "aye", Perry "ayes', and Mayor Castleberry "aya". Motion carried unanimously.i ~ i B. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs (SPAN)) and authorizing the Mayor to execute the agreement. Council Member Chew left the meeting. a; Catherine Tuck, Administrative Assistant, stated that the contract executed the Council's decision outlined in the budget. The amount included $46,000 for the HandiHop program and $100000 for the elderly and other transportation. There were a few changes in the contract in addition to the allocation of C;e funds. in order to comply with the Americans with Disabilities Act, SPAN could no longer give preference on HandiHop based on the purpose of the trip. A reporting requirement was also added to ensure the City that the funds allocated for HandiHop and other transportation were tracked through financial statements. The number of City of Denton participants would also be tracked. :z The following ordinance was considered: a r: la' ' KFaSAItiI c 1 i City of Denton City Council Minutes October 15, 1991 Page 7 ' 91-154 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT] APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, r Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Alexander "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I Mayor Castleberry stated that Council Member Chew had left the I meeting and abstained from voting as Chew was a member of the Board for SPAN. 1 r Council Member Chew returned to the meeting. C. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement approving the Utility j Department's sponsorship of an APPA deed grant application for Dr. A. G. Parlos and Dr. A. D. Patton of Texas A & M University. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that the City had been awarded a $50,000 APPA Deed grant. Grant awardees were expected to submit qu&rterly progress reports. Funds were paiO to the sponsoring utility for disbursement to the project team on an invoice basis. The following ordinance was considered: 91-155 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED GRANT AGREEMENT WITH THE AMERICAN PUBLIC POWER ASSOCIATION, RELATING TO THE AWARD OF A DEED GRANT TO DENTON MUNICIPAL UTILITIES IN THE AMOUNT OF $501000 FOR THE PURPOSE OF UNDERTAKING IN COOPERATION WITH TEXAS A & M UNIVERSITY A PROJECT TO DEMONSTRATE THE USE OF NEURAL INFORMATION PROCESSING SYST". S TO IMPROVE LONG-TERM FORECASTING METHODS FOR ELECTRIC UTILITIES1 AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. i 1 1 w. ~ CYAlmrr.,g City of Denton City Council Minutes October 15, 1991 Page a Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Alexander "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Resolutions A. The council considered approval of a resolution expressing support for Proposition 16, the County Road Improvement } Bond Project, to be on the ballot at the November 51 1991 election. f The following resolution was considereds R91-063 ~ i A RESOLUTION EXPRESSING SUPPORT FOR PROPOSI.%ION 160 THE COUNTY ! ROAD IMPROVEMENT BOND PROJECT, ON THE BALLOT FOR THE NOVEMBER 51 1991 ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to approve the resolution. On roll vote, Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye"# ~ E Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The council considered approval of a resolution authorizing the Mayor to execute an agreement between the city of Denton and the City of Corin~h Cor the impoundment and disposition of dogs and cats. Nonie Kull, Manager of Environmental Health Services, stated that approval of the resolution would grant mutual benefits for both communities. Corinth would be able to deal with the health and safety concerns dealing with stray animals and Denton would realize revenue increases. Council Member Smith asked if Corinth mould transport the animals to Denton. Kull replied yes. Denton would only shelter and take care of the animals. 3y council Member Smith asked if the Shelter had enough room for the additional animals. Kull replied yes and the agreement allowed for a termination should the Center no longer have room for the animals. The following resolution was considered: fi 1 r.SS; City of Denton City Council Minutes October 15, 1991 Page 9 R91-064 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISF03ITION OF DOGS AND CATS; AND PROVIDING FOR AN EFFECTIVE DATE. I Chew motioned, Ala xander seconded to approve the resolution. 01i roll vote, Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", ' Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. j C. The council considered approval of a resolution approving I! the funding of wa}.er and sewer lines to serve property to be developed by Manufacturers Retail Outlet, Inc., in accordance with the approved guidelines for funding and selecting development plan water and sewer lines. (The Public Utilities Board and the Planning and zoning commission recommended approval.) Bob Nelson, Executive Director for Utilities, stated that the City f had an economic development plan line program which set aside $500,000 per year to extend water and sewer lines to prospective new industry which fit the economic development guidelines. This j was the first candidate for the current fiscal year. A 12" water line would be extended 2,490 feet along the 135 service road to the i property and a 12" sanitary sewer line 1,630 feet from tai existing sewer line to the property line. Total cost of the water line was $102,445 and the sewer line was $66,723. Council Member Perry asked if the new lines would be able to serve 1 anyone else in the area. Nelson replied yes that the size fit the master plan. A large customer might need to loop another line in the area. The following resolution wai considered: R91-065 A RESOLUTION APPROVING THE FUNDING OF WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY MANUFACTURERS RETAIL OUTLET, INC., IN ACCORDANCE WITH THE GUIDELINES FOR FUNDING AND SELECTING DEVELOPMENT PLAN WATER AND SEWER LINESI AND PROVIDING FOR AN EFFECTIVE DATE. i YA, City of Denton City council Minutes October 15, 1991 Page 10 Smith motioned, Hopkins seconded to approve the resolution. On roll vote, Alexander "aye", Hopkins "aye", Smith "aye", chew "aye", perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The council considered approval of plans for construction of an additional self-serve fuel tank for Air Denton at the Denton Municipal Airport. Rick Svehla, Deputy City Manager, stated that Air Denton was proposing a self-service fuel dispensing system that would allow users to fuel their own airplanes. This system would allow for reduction in the price of fuel, and hopefully, an increase in the fuel flowage volumes at Air Denton. The lease provisions in the , Air Denton lea the council. The Airport se required the approval of Board recommended approval with the understanding that all applicable permits would be obtained from the city, the EPA and tho Texas Water Commission. Chew motioned, Alexander seconded to approve the plans as presented. on roll vote, Alexander "aye", Hopkins "aye", Smith F> "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. S. The Council considered approval of plans for construction of an additional 12,000 gallon fuel tank for Fox-51 at the Denton Municipal Airport. I Deputy City Manager Svehla stated that the Fox 51 lease tAlso required that Council approve any improvements made to the leease. Fox 51 was requesting to install a 12,000 gallon underground tank for jet fuel. The Airport Board recommended approval with the provision that Fox 51 obtain all applicable permits from the City, the EPA and the Texas water commission. Chew motioned, Smith seconded to approve the plans as presented. On roll vote, Alexander nd "aye", Hokins Castleberry "aye", Smith "aye". Motion 'carried . ayeye r Perry " unanimously. 9. Miscellaneous matters from the City Manager. A. Harrell asked for possible dates, time and format for the ? mid-year planning session. Suggestions from Council included a Saturday morning or off-Tuesday afternoon. After dAccommodationtdetails ewodate was set uld be left -T,. a ~ 61 WYK,; i t~ City of Denton city council minutes October 15, 1991 Page it for the Manager complete. i B. The Council considered Work session item J5. 5. The Council received a progress report and held a discussion regarding the proposed contracts with the Upper Trinity Regional Water District and gave staff direction. Bob Nelson, Executive Director for Utilities, stated that the Legal Department and Utility Staff had been working with the Austin r' attorneys on the "wholesale" contracts with UTRWD. There were two basic contracts that the staff had been working on since Council directed staff on August 13, 1991, to work on a wbolesale contract, rather than the joint ownership that had previously been under negotiations. The water treatment and transmission services contract provided water treatment and water transmission services to the UTRWD from Denton's combined existing and future water plant with the rates teased on Denton's combined system. The UTRWD would provide its own raw water. Denton would make some raw water available in the form of 500,000 gallons per day bought from Dallas and/or excess water from Ray Roberts Lake. Provisions for the initial phase of the treatment and transmission services contract included that the contract would run from the time the UTRWD pipeline was completed to the time the Ray Roberts Water Plant construction was completed, volume could change, from year to year, and Denton and the UTRWD would share in the reserve capacity. The variable cost rates would be the same cents per thousand gallons as Denton paid. The fixed costs would include a return on investment which was a percentage of assets times the interest rate plus 1.5$, depreciation, 0 street rental fee and some operational costs. The percentage share of the assets to be paid by the UTRWD was determined by the following formula: UTRWD UTRWD Peak QPD X Total Assets oP, assets m Total System Peak GPD for Interim Term After the construction of the Ray Roberts Plant, the terms would include the requirement that the UTRWD declare a permanent capacity they desired which was estimated to be 6 MGD, the volume would be fixed for the term of the contract which would be 10 to 20 years, The variable costs would be the same cents per thousand gallons as Denton. The fixed costs would include return on investment which was a percentage of assets times the interest rate plus 1.5%, depreciation, a 4% street rental fee and some operational costs. The percentage share of the assets to be paid by the UTRWD would be determined by the following formula: . City of Denton City Council Minutes October 15, 1991 Page 12 UTRWD $ UTRWD Peak GPD X Total Assets of assets - Total System Peak GPD Lor Fixed Capacity The interim raw water contract provided that the oontract would be on an interim basis only. It would encourage the UTRWD to seek other long-term raw water. It would provide 500,000 GPD to the year 2005 with two five year extension options available. The j price would be equal to Dallas' price. Excess water from Ray I Roberts Lake would be available with the understanding that the volume could change from year to year and the price would be 80$ of Dallasf price. The contract would be contingent on the transfer of Corinth and Lake Cities Municipal Utility Authority to the Upper Trinity Regional Water District. Principal issues included the fact that the raw water was on an interim basis, the City was essentially renting treatment capacity space, the treatment capacity was from the combined system not just from a new plant, there would be a fixed amount of capacity made available to the z UTRWD and there would be no guarantee of future treatment capacity f, which would depend on a successful relationship in the contract. An option for consideration was a "Denton Plan" which provided for a combined UTRWD equity ownership and treatment service. This plan would use a modified joint ownership contract plus a treatment and transmission services contract and an interim raw water contract. Council Member Alexander asked Nelson if he had any preliminary indication as to which direction the other parties might be interested in going. Nelson replied that the District still wanted some sort of equity ownership in the plant. ~t Council Member Alexander stated that the final option seemed to be a reasonable compromise. Mayor Pro Tam Hopkins felt the contracts were reasonable as long as Denton had control with no veto power and if it addressed any problems the Austin attorneys had. City Manager Harrell stated that under the modified joint ownership plan, the equity ownership was capped at 49% and would be no more than that, Council Member Perry asked if there had been arty dialog with the UTRWD regarding this issue. r City of Denton city council minutes October 15, 1991 Page 13 Nilson replied that the UTRWD would like to discuss the matter with the Council. City Manager Harrell stated staff was working with the Austin attorneys to put the wholesale contract in final form for Council review. Most of the work had been completed on the modified joint I ownership contract but based on the last Council decision, work had not continued on that contract. If the Council desired, both the wholesale and the modified joint ownership contract could be brought before Council for consideration. If the Council did not want staff to do any more work on the joint ownership contract, staff would concentrate itG effort on the wholesale contract. Mayor Castleberry stated that he was not interested in a modified f contract. He was wary of the UTRWD coming back against Denton and making changes in a contract four or five years from now. Was therq a contrast that could be written in which changes could not be made. City Attorney Drayoviteh stated that staff and the Austin attorneys had written around that as much as possible but it could always happen. Council Member Alexander suggested looking at both options for Council to consider. Mayor Pro Tem Hopkins cautioned negotiating with the UTRWD Board. Council should only listen to the Board and not try and negotiate with the Board. She suggested asking the attorneys if such a meeting were advisable. The bond attorney would also have to agree with the contracts. Nelson summarized that Council would like staff to continue with the treatment and transmission services contract and the interim raw water contract plus the modified contract. Figures would be put to those contracts regarding the impact of the contracts and bring those back for Council review. Perry motioned, Alexander se•ionded to proceed with summary i suggested above. Mayor Castleberry asked if the motion included that the council would be discussing the matter without the UTRWD present. Perry and Alexander agreed that was part of the motion and second. t1 Y 1 i{ City of Denton City Council Minutes October 15, 1991 Page 14 On roll vote, Alexander "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. f 10. There was no official action taken on Executive session items' } discussed during the Work session Executive session. 11. New Business i There were no items of New Business suggested by Council Members } for future agendas. 124 The council then convened into the Executive Session to discuss personnel/board appointments (considered appointments to the Cable T.V. Board, the Airport Advisory Board and the , Beautification Commission). £ Council convened into open session and took the following action: u A. Chew motioned, Perry seconded to appoint J. B. Smallwood, 3 Jr. to the Beautification Commission. On roll vote, Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. c~ With no further business, the meeting was adjourned. 7 V BOB CASTLEBERRYf MAYOR CITY OF DENTON, TEXAS I ~ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS j ACCOOOOA ' 000 htili'tti+~ 1 ql CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 22, 1991 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: Mayor Pro Tem Hopkins 1. The council received a report and held a discussion regarding f i council district boundary adjustment options. Harry Persuad, Senior Planner, stated that originally three alternative plans for adjusting voting district boundaries had been prepared in accordance with the criteria adopted by city Council on n otober 1, 1991. Recently two additional plans had been developed based on concerns expressed by the University of North Texas Student Association. In drawing up alternative plans, every effort had been made to enhance the voting strength of the black and hispanic population arid at the same time minimize county precinct splits. District One and District Two were over the acceptable population and District Three was under population. Persuad detailed the block moves necessary in each option for each district in order to equalize the population numbers. Option A had the least amount of change and had five split county precincts. Option B tried to keep city district lines consistent with county precinct ; lines. There were only two split precincts in option B. Option C f had many changes in the districts and had two split precincts. Option D and E addressed student concerns. E Council discussed each option and the effects of the changes on the minority population and student population. Lloyd Harrell, City Manager, stated that there would be a public hearing the first meeting in November regarding the cptioris. Following that, Council would need to decide a tentative preference for an option so that an c,rdin:a.nce could be written and considered at, the second meeting in November. y 2. The Council received a report and held a discussion on preliminary recommendations for the 1991/92 Employee Health Insurance Proqram, Tom Klinck, Director of Personnel, presented overheads on the Ciuyfe claim history, the rate increase hist4a y and city funding history. The City had contracted with Coopers & Lybrand to negotiate with Sanus/New York Life for a 1991-92 renewal and to } develop/analyze alternatives options to meet the City's long range goals. During the budget preparation, Sanus indicated that the renewal rate for the next year would be in the area of a 23% rate increase. In addition, the Employee Insurance Committee had } I:a45af;,~ l~ N City of Denton City Council Minutes October 22, 1991 Page 2 indicated as well as employees in general, a dissatisfaction with the doctors available on the Sanus program as well as other kinds of service issues. Alternatives included bidding the health insurance program out for a fully insured program and to explore direct negotiations and relationships with the local providers. i Dave Palatiere, Coopers & Lybrand, stated that there were three tasks Coopers & Lybrand had to accomplish for the city of Dentin. There were to (1) locate a traditionally fully insured program, (2) ; negotiate the Sanus rerate and (3) develop a local managed cats r arrangement which would be fully insured. From a financial perspective, the City was already ahead in that through the renegotiations with Sanus, the proposed 23$ rate increase had been dropped down to 8% and A based on the most recent information. He had received additicual information this morning which adjusted the figures downward even more. The alternative program being proposed was also at or below the City's budget for the health plan. The Sanus program included a Sanus HMO with approximately 240 employees enrolled in a program in which they had to use specific doctors and hospitals. The Sanus Plus program with higher premiums and a different plan design allowed employees to either use the network providers or any provider they wished. Problems as seen by the Employees Insurance Committee were the stability of the doctors, waiting lines for appointments, lack of physicians on the HMO side, waiting time for specialist referrals. All of those created problems in the delivery of health care for the City. The alternative program consisted of local providers including both ; local hospitals and the two local physician organizations, and local pharmacies as appropriate. Tertiary care facilities had been negotiated as a by-product of negotiations with the local physicians. A competitive plan design had been developed and negotiations had taken place with insurance carriers to underwrite the plan for a fully insured plan. One carrier had been identified which agreed to take the contract that had been developed locally and underwrite the health plan using those contracts. Council Member Perry stated that in the list of providers, mental health providers were not listed. How would they be addressed. Palatiere replied that any provider not associated with the two major physician groups would be able to be a provider as long as they accepted the same reimbursement level. In regards to mt:ntal/nervous/alcohol providers, as long as they were state licensed and agreed to the reimbursement levels, they would be included as a provider. Council Member Perry stated that somewhere in the final plans, there would be a prcuedure whereby mental health professionals City of Denton City Council Minutes October 22, 1991 Page 3 I would be contacted and have an opportunity to become a provider as long as they were willing to abide by the rules of the system. The main criteria would be state credentials. Palatiere replied yes. He continued that letters of interest were invited from companies for the City's health insurance program, under the fully-insured, traditional health insurance plan or a fully-insured, managed care program. Bide for a fully-insured, traditional program were sent to nine companies that expressed interest in reviewing the City's request- This bid was published in the Denton Record-Chronicle. None of the nine companies that expressed an interest, submitted a bid for a traditional fully- insured plan. Sanus/New York Life submitted a bid for a new program with costs higher than their renewal for the current HMO Only/Sanus Plus program. It was recommended that that bid be rejected. Three companies (Cigna, Travelers, and Philadelphia American) expressed an interest in a fully-insured, managed care ' arrangement, using the City s direct contracts with medical providers. Discussions with the Denton independent Physicians Association, North Texas Medical/Surgeons Association, Denton Regional Medical Center and Denton Community Hospital provided quotes for medical services that were substantially discounted below current health insurance program costs. Those providers expressed concern regarding the release of this confidential contractual information to Cigna and Travelers. These local medical providers had already existing contracts with Cigna and Travelers and any release of City negotiated contracts for medical services could potentially jeopardize the medical providers arrangements with Cigna and Travelers. This represented a conflict of interest. It was determined that it would be to the advantage of the City to negotiate directly with Philadelphia American to underwrite a proposed health insurance program fo~ two reasons. First, Philadelphia American did not have any conflicts of interest with local medical providers that could have an adverse impact on its ability to provide the City with a cost effective, fully- insured managed care program. Second, this companyes preliminary costs met the City's cost objectives, without limiting employees' access to local providers. The Employee Insurance Committee rated the two health plan alternatives based on degree of stability, availability of providers, quality of service, affordability/cost, and plan design. From a degree of stability, they rated Sanus low given historically it was proven to be unstable due to the lack of sufficient providers and provider continuity. There was also a concern about continued instability and continuity of physicians. The Committee rated the degree of stability of the Philadelphia American plan as high as the plan included physicians from Denton Independent Physicians Association and North Texas Medical/ Surgical and both local hospitals. Sanus was rated low in the area of M yq. . k!_o r.t7 City of Denton City Council Minutes October 22, 1991 Page 4 1 availability of providers due to the lack of sufficient physicians offered through the HMO plan, the gatekeeper requirement and the limitation of one pharmacy. The Philadelphia American plan was rated high in the area of availability of providers as the plan included physicians from both local provider groups and both local k hospitals. There would be no gatekeeper requirement and would be ' open to any pharmacist agreeing to be part of the network. In regards to the quality of service, Sanus was questionable as the Employee Insurance Committee felt there were significant quality issues such as waiting time and physician referral. The 'I Philadelphia American plan was felt to have a high degree of quality of service due to increased physician representation and availability issues. Both plans were rated as high in the area of affordability/cost. The proposed Sanus rates were a 2% HMO increase and an 8% Sanus Plus increase with a second year rate guarantee of 14%. The Philadelphia American rates approximated the ; Sanus composite. There was a three year rate guarantee from the local hospitals of 8% per year and 6$ for the local physicians. Plan design for both plans were rated as high. The Employee j insurance committee recommendation was to terminate the Sanus program and implement the Philadelphia American program with a single plan. ; r council Member Perry stated that the expansion to a much larger body of physicians being available to tLe employees was one of the chief advantages of the new plan. He indicated that he would not put his name on the provider list as long as he was on the Council. He felt that the increased provider list would strengthen the plan. Palatiexee reviewed the rate design comparisons and the proposed rate schedules which were included in the agenda back-up materials. Council Member Trent felt that if the gatekeeper requirement were } lost, there might be an escalation in rates. Palatiere replied that there would not be a gatekeeper requirement but that there would be utilization review. The Employee Insurance Committee was concerned with the referral process as some doctors would not refer an employee to a specialist. i Tom Klinck, Director of Personnel, stated that Sanus had made a strong effort to attempt to get additional specialists and doctors and keep the levels as best they could. one of the problems was that even if an employee could get a referral, sometimes, they had to drive i;o Dallas/Fort Worth for the specialist which impacted the City's sick leave program and the time the employee was away from work. The proposed plan had a large number of local specialists available for the employee. T, slow 1 M Ei City of Denton City council Minuted October 22, 1991 Page 5 Council Member Trent asked how the gatekeeper function worked. Klinck replied that the employee had to first go to the primary care physician and receive a referral from that doctor for a specialist. Under the proposed program the employee could go directly to the specialist. Council Member Perry asked about the cap on rates. Palatiere replied from a utilization standpoint, the costs would go up either on a unit basis or by higher utilization. The gatekeeper slowed down the utilization of resources. The proposed plan was to keep that same effect without the barrier of the primary physician referral.. The only way to do that was to make sure the physicians were abiding by the correct criteria. ' Klinck reviewed the budget/cost alternatives. The 1991-92 budget allocated $1,814,951 for insurance costs. The Sanus program, under the current design, would cost $1,814,951 with some savings from turnover or a position which would be vacant for a peric.d of~time. j The Philadelphia American alternative rates would cost $1,735,841 with a se,vings of $79,110. It was recommended that the Sanus contract be extended for 30 days to make a smooth transition to the G new program at a cost of $12,000 and extend the Coopers & Lybrand contract to assist the City through the transition period. That extension would cost $10,000. It was felt that the Philadelphia American proposed plan provided significant service improvements with expanded doctors and expanded hospitals and direct access to specialists with lower costs. Staff's recommendation was to ; prepare the necessary ordinances for council consideration on t November 5 to extend the Sanus contract for 30 days, and transition to the new Philadelphia American contract to be effective 3anuary It 1992. Open enrollment would begin November through December. Council Member Chew asked for the rating of Philadelphia American. Klinck replied it was rated as an "A" company. Council Member Trent staged that it looked from a cost savings standpoint that Philadelphia American was more desirable. He wondered if council shoulil hear from Sanus regarding anything they had not heard in the presentation. Louie Heerwagen, Sanus, stated that the program, as it was laid out, looked good. It should be remembered that the numbers were preliminary and not final from Philadelphia American and could possibly change. He felt Sanus, over time, had saved the City money as the claims had gone down. The rate increase was first r 1 Mi.vrtil(~ City of Denton City Council Minutes October 22, 1991 Page 6 projected to be 23% but as the claims changed, the rated moved. Yesterday, the figures were updated to a 0% increase for HMO and an 8% increase for Sanus Plus with a 12% second year cap. He felt that plan brought assured financial stability for the next year. He felt Coopers & Lybrand had done a good job in capping the hospital costs and physician costs but that was only part of the total puzzle. That was not capping the premium costs. There was no question that there had been problems with the physicians. ; Yesterday an alternate to the program had been proposed in ordex to make more providers available. one was that the current benefit for the Sanus P1?zs plan was to go to any doctor not in the network and would cost a $400 deductible and $5000 out of pocket. In the proposed change, there would be a $250 deductible and $1500 out of pocket. A second alternative dealt with the primary care physicians. Sanus would add any primary care physician for the $15 copay arrangement which existed in the proposed plan with Philadelphia American. That would generate a separate list of providers and an employee who went to one of thoso physicians would pay only $15 in addition to th5 HMO doctors. Council Member Trent asked if the Council would be receiving { another comparison of the two plans with the updated Sanuc t) information. City Attorney Drayovitch stated that the bids were due October 28, 1991. t A representative of Philadelphia American stated that the proposed f, rates probably would not change. Consensus of the council was to provide a further analysis of the alternatives and to prepare the proper documents for the extension of the ,anus contract, the extension of the Coopers & Lybrand contract and the new Philadelphia American contract. f 3. The Council received a report and held a discussion regarding private property accidents. Mike Jez, Chief of Police, stated that since the inception of the community oriented Policing program, the patrol officers were asked ,i to assume a myriad of new duties, among them increase foot patrols and bicycle patrols. He was suggesting that the Dersartment change its existing policy regarding the investigation of motorwahicle accidents which occur on private property. Evan though the law did not require peace officers to investigate such accidents, they currently investigated approximately 600 such accidents each year. He felt that the man hours used for this purpose could be more effectively used elsewhere. Investigations would still be required 1'.l l 1 f F City of Denton City Council Minutes October 22, 1991 Page 7 when the private property accident was a hit and run, involved bodily injury, involved DWI or resulted in an assault. Police officers would still be dispatched to the scene during the transition period to provide blue forms and instruct the vehicle operators on how to exchange information. Council Member smith asked how people involved in an accident after the transition period, would know what to do. City Manager Harrell stated that police officers would continue to be sent to an accident with the blue forms and information on how to proceed until staff returned to Council with the issue. There may be some point in the future where workload might cause staff to reexamine even that procedure. The procedure then would be to tell the individual over the phone that the police department no longer responded in person to that kind of an accident and to go the Police Department to receive the blue forma. Jex stated that many cities responded in that manner and did not come to the scene of a private propr.L•ty accident. It was felt from a service standpoint, that it was better for an officer to respond ° to the scene and assist the motorists. Council Member Chew stated that from an insurance agentfs i perspective, it was better to have the officers investigate the accident but if that was not the policy, then the officer should not respond at all. It would be best to have the motorist go to the Police Department and pick up the blue form. If an officer were to respond to the scene, then the agents might try to get an accident report and no report would be available which might be more confusing. i , city Manager Harrell replied that it was staff's concern that it would be much better received from the public, if an officer respond to the scene of a private property accident with the blue forms as opposed to no longer even going to the scene. Council discussed the pros and cons of the procedure as opposed to not responding to private property accidents. Consensus was to proceed with the proposal to send an officer to private property accidents with the proper forms and information for the motorists but not to investigate the accident. It was suggested that letters be sent to the insurance agents to inform them of the change and perhaps request an article in the newspaper regarding the change. rrfW Tn~ i l ue:,r.le.r I City of Denton City Council Minutes October 22, 1991 Page 8 4. The council received a report and held a discussion regarding amending the sign ordinance. I Frank Robbins, Executive Director for Planning, stated that the Planning and Zoning Commission was considering an ordinance amending the sign ordinance adding a temporary use permit provision and amend the variance criteria. The temporary use permit would allow a legally non-conforming ground sign to be altered so long as the sign became no more non-conforming. The Planning and Zoning 3 Commission would consider the duration of the temporary use permit and/or establishing a future date for which a temporary use permit could not be .issued. A bond or escrow equal to the cost of removal would be posted with the temporary use permit, guaranteeing removal. The permit would be reviewed annually. The new variance criteria combined and clarified existing criteria and would provide a measure of increased discretion for the sign Hoard of Appeals. Robbins presented a slide presentation from Lubbock detailing the effects of their sign ordinance. City Manager Harrell pointed out that there were 37 new conforming signs permitted to replace non-conforming signs during the first nine months of 1991. I Council Member Smith asked there would be a fee for the temporary I use permit. Robbins replied that there would be a $35 annual fee. The permit would be issued to the landowner and could not be issued for an 4 illegal or abandoned sign. j Council Member Alexander stated that in tour year, the same amount of accomplishment would have been made. Four years was not unxeasonahle for phasing in the process. Looking back, he voted for the amendment to the sign ordinance as was it was a reasonable { compromise and he wanted to bring closure to the issue, if lines d attempts to were not drawn and adhered to, there would be continue modify the sign ordinance. The ones who would be hurt by that process would be the ones who complied with the ordinance to begin with. City Manager Harrell stated that even with a four year time period for the temporary use permit, when the time came, there would still be complaints regarding a sign ordinance. A community standard was needed and that standard needed to be adhered to. Council *gmber Alexander stated that he understood that there were groups who wanted the sign ordinance changed. He also understood that there were large numbers of individuals who wanted the sign r w _ i i~ I l City of Denton City Council Minutes October 22, 1991 Page 9 ordinance to remain in place and if there were too many more modifications to the ordinance to weaken it, there would be a great deal of support to demand the ordinance be tightened. A sign ordinance was needed that the Council could be comfortable with and ' not encourage individuals to get it modified. Council Member Perry pointed out that the City was spending dollars for beautification and to move utilities underground in an effort to improve the appearance of the City. At the same time, continually modifying the sign ordinance would nullify those objectives and gains. Mayor Castleberry stated that most cities had a transition period on the face change of signs and felt that the original nign ordinance might have been too hard, r• Council member Chew felt that there should be a transition period but that sooner or later the standard would be needed. The longer the ordinance was changed, the longer the City would not be moving ] toward the goal of beautification. City Attorney Drayovitch stated that the Dallas and Lubbock ordinances allowed for an amortization for existing businesses. Any changes of ownership or face changes, required, compliance with the ordinance. Those ordinances were stricter than Denton's. Council Member Trent asked what the city was doing to inform the r businesses of the sign ordinance - what was happening with the sign ordinance and where it was going. He felt there was a need to inform the businesses. i Council Member Perry was concerned with the number of individuals who had complied with the current ordinance. Now there was a suggestion to allow other additional time for compliance and that was not fairly applying the ordinance. Robbins stated that a bond or escrow equal to the cost of removal would be posted with the temporary use permit. The permit would be reviewed annually. Council Member Trent expressed concern over the cost of the bond or having to escrow the money with regards to small business people. Robbins replied that the cost of the bond would probably be under $100. A transfer fee of $5 would be charged if the temporary use permit were transferred to a new owner. New variance criteria combined and clarified existing criteria and would provide a measure of increased discretion for the Sign Board of Appeals. . Y11 City of Denton city council minutes October 22, 1991 Page 10 5. The Council received a report and held a discussion regarding the City's current travel policy. City Manager Harrell stated this item was presented at the request of the Council during the last budget session. He stated that li there was a three point check on expense reports - one from the supervisor involved, the Finance Department and the independent City auditor. Mayor polieiCastleberry felt it was good to look at various City 3. Council Member Perry felt that it was a good policy and adequate for the Cityfs needs. Council Member Trent asked if there was a policy regarding writing trip reports. He felt there should be a means of sharing information learned at conferences with other staff members. City Manager Harrell replied that there was no formal { organizational policy requiring such a report. That function was handled on the department level and different departments had different procedures they utilized to share information. Council Member Trent asked when was the last time a trip report was passed out for individuals to share. He had never seen one. He s felt it might be beneficial for others in the organization to read trip reports from various departments to further their knowledge in various areas. City Manger Harrell replied that one of the problems with that type of report would be that people would be spending their time preparing the reports and that might not be the most productive use ' of their time. Currently that was left to the discretion of department directors. Mayor Castleberry questioned the need for receipts for taxi rides. John McGrane, Executive Director for Finance, replied that it was at the discretion of the department directors. Mayor Castleberry felt that perhaps an additional sentence needed to be added which required receipts. Council felt that requiring a receipt would not help tighten the system as there were many ways around such a requirement. Mayor Castleberry asked how the mileage was reimbursed. r WWI I ;4 r f City of Denton City Council Minutes f October 22, 1991 Page 11 a MCGrane replied it was figured according to IRS regulations, 1 Mayor Castleberry . ked if a receipt was required for parking h expenses, City Manager Harrell replied yes. Mayor Castleberry questioned the phone call allowance. How long of a personal call was permitted each night for the individual. McGrane replied that it was at the discretion of the department head. City Manager Harrell stated that some of these items were the responsibility of the Manager. If the Manager was not managing properly, then he needed to be released. He expected his department directors to sign off on the travel report and to make those types of questions and determinations. 64 The council received a report and held a discussion regarding 1 the zoning ordinance rewrite. Frank Robbins, Executive Director for Planning, stated that the zoning ordinance needed to be rewritten for several reasons. Nine zoning districts had not been used for over 10 years, there was an 41 over use of the planned development district, there was a need for a more user friendly document, there was an incompatible development of the table of permitted uses which was out of date, there were no standards for "edge" of different uses in the master plan and there had been piecemeal amendments made. Robbins reviewed the current zoning ordinance structure which was included in the agenda back-up materials. He felt that the most important aspect of the structure and approach to public land use decision was the importance of the single mixed use district (MXD) and the standards which would apply within that district. Most new non- residential and probably a good deal of new residential zoning would be to MXD. This would put the standards of the ordinance, rather than the process of rezoning, as the focus of land use decision making. The MXD would allow all uses with standards for each use, would have residential adjacency standards, and bufferyard requirements. P, bufferyard was an area of plantings surrounding a land use which screened or blocked vision, noise, pollutants, or other negative by-products associated with that use. In the case of very intense uses abutting considerably less intense ones, structural components such as fences or berms might be required of a bufferyard. Robbins showed slides of natural bui'feryards in the city. sr. 6 t i City of Denton City council Minutes October 22, 1991 Page 12 Council discussed the concept of bufferyards. Questions raised regarding buff eryards included what would happen if the plants were trimmed or removed, who would enforce compliance, would smaller plants which would grow to the recommended size be permitted, the ? cost of planting the bufferyard and the fact that some property distances would not allow some bufferyards. i ti E Robbins continued with a comparison of the MXD with the current i system. Traditional straight zonUi4 had a standard of uses for l zoning. If a use was not on th%a list of uses, a rezoning was required before a building permit could be issued. With the planned development, a site plan was required with standards and a list of uses for zoning. if the i;=.ing was not listed on the site plan or was not the requested usad, rezoning would be necessary t before a building permit could be issued. The mixed used district would have standards, bufferyards, adjacency and a site plan to } trigger the zoning and subsequent building permit, The MXD would have a shorter time period to receive a building, permit and could be viewed as an economic development tool as the process was faster, easier and cheaper. The proposed zoning standard used bufferyards, residential adjacency standards site plan triers and adopted site plan standars. The Planning and zoning... Commission was currently working with the Zoning Task Force on the proposed standards. ? With no further business, the meeting was adjourned at 8:55 p.m. f r r k f BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS { JENNIFER WALTERE3 CITY SECRL'TARY CITY OF DENTON, TEXAS ~ ACCOOOOB j i x ,N Rti MrReK l F Wom 14 T/7 CPTYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 566.8307 Office of the Clfy Manager TO: Lloyd V. Harrell,, City Manager ."ROM: Catherine E. Tuck, Administrative Assistant i DATE: October 31, 1991 SUBJECT: Citizen Request from Richard Walters f On October 16, Mr. Richard Walters expressed a concern to our office regarding a drainage ditch on the north side of Daniels. Mr, Walters requested that this ditch be cleaned. There is no City ; easement on the north side of the street. The City does have an easement on the south side of the street and this area was cleaned by City drainage crews. In the past, there were some ditches that were not City drainage t easepents that the City crews did perform work on if requested. ;i However, in order to protect the City from liability$ crews are no longer performing work on private property. In these cases, the f City's right-of-way agent is pursuing either a license agreement or attempting to obtain an easement from the owner. The City; is pursuing this with the property owner so that crews can legitimately perform wort: in this area. This was communicated to Mr. Walters on October 18. After permission is obtained from the property owner, it generally takes two weeks to survey the property and draft the necessary documents. The City will continue to pursue this agreement with the property owner so that the work can be performed. Mr. Richards was also concerned that the area receive more police patrol. Chief Jez indicated that the frequency of patrol in this t. area would be increased. r Please advise if I can provide additional information. i i i t i i, I - -.-~-T JA *000 I CITY COUNCIL REPORT FORMAT DATE: Novembe,: 5, 1991 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: }TOLD A PUBLIC HEARING AND RECEIVE COMMENTSFROM CITIZENS } CONCERNING ALTERNATIVE PLANS FOR ADJUSTING VOTING DISTRICT ~1~f?N~ARIES . RECOMMENDATION: City Council may give stt.f directions as to which is a favorable alternative so that an ordinance can be prepared for adoption on November 19, 1991, sU x Staff initially prepared three alternative plans (labeled options f A,B and C) for adjusting voting district, boundaries in accordance ~ with the criteria adopted by City Council on October 1, 1991 The t three alternative plans were discussed with interested individuals:' and community leaders. Winn Walton, representing the UNT Student Association expressed concerns about the splitting of the student i population in different districts. We worked with Mr,, Walton and F 1 prepared two additional plans labeled options D and E which attempt to resolve Walton's concerns. Maps showing options A, B, C, D, and E have been included in your packet for the last meeting. Population figures taken from the 1990 census(PL99-171) are tabulated for the existing voting districts and for options A B, C, D and E given in attachment 01. In drawing up alternative plans every effort has been made to enhance the voting strength of the black and hispanic population and at the same time to minimize county precinct splits. BACKGROUND; City Council adopted a list of criteria and a schedule of activities on October 1, 1991 to be used in the process of ' , Lta~tt } RLdFYvpj 9 i adjusting voting districts boundaries. Carl Young together with LULAC representatives and Winn Walton have expressed the need and support for a 6 - 1 electoral system. Staff presented maps and figures for options A, B, C, D and E to Council at a Study session on October 22, 1991. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED; All residents of the city. TF SCAI IMPACT: Not applicable, ~ Respectfully submitted i i Lloyd V. Harrell City Manager prepared by: i Harry Persaud, AICP Senior Planner i Approved i Frank H. Robbins, AICP Executive Director, Planning and Development. i Attachment: (1) Maps for Options A, A, Co D and E, (2) Population figures for existing districts and for options A, H, C, D and E. t ~ t j } j 2 , ~r f M.SY7!%M1 i IG:tf9.ltf j ATTACHMENT 1 Page l CURRENT DISTRICTS POPULATION DISTRIBUTION D1STRiCTS TOTPOP % OF WHITE ERCENT BLACK ERCENT HISPAN ERCENT TOTAL A i DISTRICT 1 18045 27.23 12192 67.56% 2915 1615%a 2277 12';62%n' `r ` ` 1108 6.1.4 DISTRICT 2 18040 27.22 15545 86.17% 1125 6.24% a 1134 7.95% DISTRICT 3 14260 21.52 11578 81,19% 1415 7.12% DISTRICT 4 15925 24.03 12653 79.45% 1151 7.23% 1418 8.90% 66270 100,00 51968 78.42% 206 9.36% 5937 8,96% CITY TOTAL J j PLANNING AND DEVELOPMENT DEPARTMENT {RFDIST} 22 -Oct-91 11:31 s r, 5it {1i r r~~~t AtiYaSL'/.M , Page 2 OPTION A POPULATION DISTRIBUTION DISTRICTS TOTPOP 7o OF WHITE PERCENT BLACK ERCENf HISPAN ERCENT y TOTAL DISTRICT t 17352 26.18 11584 66,76% 2873 16,56% 2242 12,92%: ~ r DISTRICT2 16574 25,01 14441 87.13% 929 5.61% 956 5;17% DISTRICT 3 15726 23.73 12682 80.6401o 1211 7.70% 1286 8r 18% I 1 ' t j DISTRICT 4 16618 25.08 13261 79,8017b 1193 7.18% 1453 8,74% x, CITY TOTA 66270 100.00 51968 78.42% 6206 4.3601o 5937 8,96% fa y ; PLANNING AND DEVELOPMENT DEPARTMENT {REDIST} 01 -Oct-91 09,49 s'. y I ~s t 2. i t. ~.n. , .terexrx.< t i , it OPTION B Page 3 POPULATION DISTRIBUTION DISTRICTS TOTPOP %OF WHITE PERCENT BLACK PERCENT HISPAN PERCENT TOTAL DISTRICT 1 17032 25,70 11.385 66.84% 2830 1b,62%. 2304 13,53% DISTRICT 2 16392 24,74 13830 84.37% 1233 7,52% 1051 6,41% DISTRICT 3 16879 25,47 13260 78.56% 1278 7.57% 1486 8.8017o , i V DISTRICT 4 15967 24.09 13493 84,51% 865 5.42% 1096 6,86% , 1 CITY TOTAL 66270 100 51968 78A2% 6206 9.36% 5937 8,96% . PLANNING AND DEVELOPMENT DEPARTMENT (REDIST) 22- Oct-91 11:17 6 f')R)t ' A pit J1 3. rWNW 9 r' Page 4 OPTION C POPU! AT[UN DISTRIBUTION I DISTRICTS TOTPOP PERCENT WHITE PERCENT BLACK PERCENT HISPANIC PERCENT ;i ,I DISTRICT 1 17356 26.19 11228 64.69 2861 16.48 2646 15.25` DISTRICT 2 15744 23.76 13459 85.49 1181 7.50 898 5.70 sr DISTRIC'T' 3 15887 23.97 13276 83.57 932 5,87 1006 6,33 r . ,f DISTRICT 4 17283 26.08 14005 81.03 1232 7.13 1387 8,03 r~ CITY IOTA 66270 100.00 51968 78,42 6206 9.36 5937 8.96 IIIr` IPLANNING AND DEVELOPMENT DEPARTMENT {REDIST? 01-Oct-91 00,45 ~j i I i i E Ii i 5 { 4. ~1.a.u.sw JLFT Jr.sr Y€3iiF ' I Y Page 5 IAN: f' OPTION D POPULATION DISTRIBUTION DISTRICT'S TOTPOP 9o OF WHITE PERCf NT BLACK ERCENT HISPAIV ERCENT TOTAL _ DISTRICT 1 17223 25.99 11147 64.72% 2956 17.16% 2308 ` 13.40%' f1i DISTRICT 2 16574 25.01 14441 87.13% 929 5.61To 956 5.77% d I DISTRICTS 15726 2.'.,73 12682 80.64% 1211 7.70% 1286 8.18% DISTRICT 4 16747 25.27 13698 81.79% 1110 6.63% 1387 6.28% S. I st CITY TOTAL 66270 100.00 51968 78.42% 6206 9.36% 5937 E.96% i SL '111 PLANNING AND DEVELOPMENT DEPAATMENT (REDIST) 22-Oct-91 11;44 I I I t I I l 'Ii I 5. f i L y e.r t I r Page 6 E 6PTION R I j POPULATION DISTRIBUTION FDTRICTS TOTpop %OF WHITE PERCi NT BLACK ERCBNT ERCENI T!!C S`1'RICT 1 16819 25.38 10071 59.88010 3242 19,28% 2534 15.07%2 DISTRICT2 16574 25.01 14441 87.13% 929 5.61%a 956 5,77% ! DISTRICT 3 16829 25,39 13511 80.28% 1277 7,59% 1488 8.84% DISTRICT 4 16048 24,22 13945 86,90% 758 4.720/'o 959 5.98% pi CITY IOTA 66270 100.00 51968 78.42% 6206 9.3617o 5937 8.96% i € PLANNING AND DEVELOPMENT DEPARTMENT {REDIST} 22-dot-81 1 t,4T } i I ~ f j i I 6. t 6 I I ` rM ~ 1 I DATEf 11/6J91 CITY COUNQ1_L FIt PORT -'ORMAT , 1 J4. Mayor and Members of the City Council TOt FROMI Lloyd VI Harrell, City Manager ! $VBJECTt sign ordinance Rrr~OMMENDATT ~ ~ I The Planning and Zoning Commission recommended approval by a vote of II 6-1 on October 23, 1991. There are two provisions recommended, a temporary use permit and new variance criteria, TemC~~rarv use Permit i lormi,n signs could be altered with a temporary use P&rmttt con q rmin 1, Non so long as the sign became no more non-oonfo qt January It 1996. All temporary use permits would expire on January It 1996, yo more temporary use permits would be issued i after January it 1996. 2, The temporary use permit would be renewed annually. 3, Guarantee of removal of the sign or making it conforming would be required in the form of a bond payable to the city or a cash deposit, The City Attorney would provide staffbocontinuessnto NOTEI At this writing (October 30, 1 are to be BOme research the viability of oondinq, There apps be difficulty in acquisition of these bonds, if there appears pttion considerable difficulty in acquiring the bondr the deposit op could remain, The guarantee provision ;section 33-213 (a)S2}) would be replaced by enforcement means with potential fines being e monetary incentive to comply with the provisions to annually renew and/or remove/conform by January 11 1996. staff will update the Council on this issue at the meeting, 4, A permit to alter the eight called a work permit, as wi.th all signs, would be required, 6, The altered sign must make use of the existing supporting structure. i 6. The property owner would be required to remove the sign within 30 days of expiration of the annual permit, if not renewed, or January It 1996, 7, Fees, Temporary use permits $36 transfer fee} $S work permits tame as current fee structure, All legally non-conforming signs are grandfathered. This is Aqt a provision which requires all non-conforming signs to conform by January 11 1996, This provision enables "face changing" until January 1, 19961 the trigger to require conformity because "face changing" is a new (or altered) sign. All legally non- conforming signs are grandfathered, i F L , City council Kormat sign ordinance November 5, 1991 Page 2 Variance criteria The first two criteria are proposed to be replaced with "literal compliance with the sign regulations would cause an unnecessary hardship because the property has a unique condition or feature that is not generally common to other properties." BACKOROUNDt_ Attachment 1. Sign Issues Attachment 2. 1991 around Sign Permitting Attachment 3. Cost Estimates t E , pROaRAMS, DEPARTMENTS OR GROUPS AFFECTEDt Current ground sign owners, everyone that $ees Demon, Planning and Development Department, City Attorney, and Code Enforcement. FiSCAY• IMPAOT~ l ' Fees would be charged to recoup the cost of the temporary use permitting process, Variance criteria change, no impact, fee schedule in effect, i R fully mu t*.edi , -41 Pk ars Ll yd Haxroll city Manager r obb ns AIOP Executive Director Planning and Development r Attaohmontsi 1, sign Issues 2. 1991 Oround Sign Permitting 34 Cost Estimates for administering temporary use system. 4. P&S Minutest August 28, 1991 September 11, 1991 October 9, 1991 E October 23, 1991 l AXX0O62 E i r { R Fart kjk I ATTACHMENT 1 ash Y@@UE@ i. Currently, the most aontroversialan drespof the nsible gforrtheamost ress, the one ipolitiaaltheat"tis the ~'Eaae changing" standard. 2. The face changing standard is designed to improve the slowly image and attractiveness and signage effectiveness by eliminating existing sign clutter when sign would be altered. 3. The current variance criteria is very strict. Complaints afoot the variance criteria have evolved from applying change" standards. 4. Billboard industry supported state legislation has precluded ! Texas cities from using a most. effective tool in dealing equitably with existing ineffective and unsightly signage. The tool is amortization which may be employed for any other non- E, conforming land use than a sign. 5. The temporary use permit could 1) provide notice and 2) a time to plan for and absorb the costs in 3) a voluntary amortization-like process. 6, 15 new conforming signs have replaced non-conforming signage, 11 new signs replaced existing conforming signs and 21 new conforming signs were permitted during the firs t ncilnths of 1991. In one case, the sign user complained triggered an ordinance amendment reviaw process. Discussions have begun within the community and with city standards. Most of concerning the judicial 5 complained about complying hanging 7. Some who have complied may feel annoyed and complain about a new provision allowing for temporary use provision and will than ing.l Those who use the temporary permit amount of cost to complying, but ultimately will comply. use 8. Complaints about the pextend the time for which thatpcomplaint permit may, for some, I would be lodged. 1 Ik.` f:X'rz4 T 'r t ATTACHMENT 2 I ~ 1991 GROUND SIGN PERMITS ISSUED FROM JANUARY It 1991 TO OCTOBER 24o 1991 ` j e(yl n< L {ilk ` tl f. i ,{yY)4y~(y`~j~) 5 a, )rLYE„(' : e z> { b a /;s, ~N; t a3 'Y! > o - Air Denton Denton Airport Nonconforming to Conforming 700 Londonderry Peyton, Lawrence & New - conforming Inc, _ 601 N. Elm North Texas Y~ Conforming to Conforming counseling services 116 S. 9,1m American Crafter's Nonconforming to `r Mall Conforming 321 Hickory M Bank Nonconforming to conforming 400 1-35 Luv Homes Nonconforming to Conforming 1701 W. Oak Colonial Apts. New - Conforming signs (2) ; 2313 Colorado Blvd. Arby's New - conforming Sol s. Carroll Blvd Office Park Now - Conforming signs (2) 1501 Eagle Ave. North Texas Laundry Nonconforming to _ conforming 1722 Cooper Crk. Rd. safety Kleon Now - Conforming 717 I-36 For Lease Sign New - Conforming -1911 W. University Triple A Oil Coi Nonconforming to f Conforming 2414 N. Elm Carpets New - Conforming 1919 N. Elm Methodist church conforming to conforming 809 N. T,ooust This Old House Conforming to Conforming i N. Locust Street, McMillian Excavating Now - Conforming south of Bobcat Road 808 W. University Grandy's Nonconforming to conforming i T - W, r 3 1 I 2314 San Jacinto Lease space sign-- New - conforming 2511 Charlotte Apartment Complex New Conforming 2926 E. University Parts Plus New - Conforming r 2217 N. Carroll Denton Fairgrounds New - Conforming 2718 W. University Km center Nonconforming to Conforming, (not yet built) i 1516 Teasley Lane Kentucky Fried New - Conforming Chicken 2701 W. Oak Greyhound Bus New - Conforming 510S. Locust Z's Auto supply Nonconforming to conforming s 215 N. Carroll Kincaid Attorney New Conforming 1014 Dallas Drive Multi Tenant Sign Nonconforming to conforming 1415 W. Oak 7-11 Nonconforming to Conforming 1115 E. University 7-11 Nonconforming to conforming 412 Avenue E 7-11 Nonconforming to Conforming 2400 w. University Denton county conforming to Conforming pediatric New - Conforming 1600 Dallas Drive Animart . 3905 Morse street Federal Land Bank New - Conforming 1605 Dallas Drive Pep Bays _ New Conforminc 706 s. Laoust The whole Shebang conforming to Conforming Conforming to conforming 2249 S. Loop 288 MoFrugals _ 1003 Shady Oaks N.'i'. Autobody Conforming to Conforming 1801 W. Unversity Denton Tool & Conforming to Conforming Fastener 1 7 k 1991 Ground Sign Permits Xssued ` Through October 24, 1991 ; page 3 _ Trinity preabyterian Conforming Conforming 2200 Bell Avenue Tinny church 328 W, University I Can't Believe It's Nonconforming to yogurt Conforming j Nonconforming to i 900 Avenue C Quick Stap Confarmin 1 y 1005 Wiversity T't' OtY Niokal Conforming to Conformin E , TOTALS 1 Conforming to Conforminb 11 signs Nonconforming to Conforming W 18 signs New Conforming - 7 signs Total Xssued 47 signs ~ +w old Kentucky Fried Chicken sign taken dawn in 1990. AND 1991 BUT NO NOmEt SEVERAL WEREE RHWERE QUXRED~FOR THE REMOVAL 00oNO RECORDS 4X184'. , J E i i r 1 i 1 ATTAV111KENT 3 PERMIT C06i ESTIMATE Tesrnorarr Use Permit Task/Material Who/What Formg]S1/8ourae 1. Interview Times Planning Technician Time x Personnel Cost' 4,61 16 minutes x $18/hr $ 2. Application Fore 20 3, Photo Times Planning Technician 9.02 30 minutes x $18/hr .42 ~ { Materials Film + Processing $4,60+$6.70/24 prints I Vehicle Coster Inspection Logo 3.00 4. Hake File Times 6 min, x $18/hr 1160 6, Review Application Times 16 min. x $18/hr 4.61 6, Reminder Notification Times 30 min, x $18/hr $32.18 say, $38 to take into aocount Inflation over the period for which the permit could be issued, supervisory time, attorney development of bond form, Transfer Permit If Interview Times 16 minutea $ 4.61 say, $6• i i t I iMidpoint Planning Technician $13.88/he + Indirect (30% of, hourly wage) $18.04 AXX0061/4 1, I L r Minutes PLANNING AND ZONING COMMISSION August 28, 1991 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held at 5;00 prm, in the Civil Defense Room of City Hall, 215 East Mckinney, on Wednesday, August 28, 1991, Present, Rol Appleton III, Jim Engelbrecht, Ivan Glasscock, Judd Halt, Mary Evelyn Huey, and William Kamman ~ Absent; Fran Morgan Present from Staff: Frank Robbins, Executive Director for Planning and Development; Owen Yost, Urban Planner; Donna Baker, Planning Technician; Karen Fa Shari, Urban : Planner; Runee Baker, Water/Wastewater; David Salmon, Engineerin;;; Joe Morris, Assistant City Attorney; Cecile Carson, Ad,ninistrative Analyst; and Olivia Carson, i Secretary i" i I. Minutes 1 It was moved by Mr. Glasscock, seconded by Mr. Kamman, and unanimously carried (6.0) to approve the minutes of the August 145 1991 meeting. i 11. Consent Agenda Motion was made by Mr, Glasscock, seconded by Mr. approve the Engelbrecht, and unanimously carried (6-0) to consent agenda as follows; i 1 The final plat of Lot 1, Block A of the City Booster Pump Addition. 111. Discuss the standards of the Sign Ordinance for existing signs and sign variance procedure and criteria, i Council has asked the Mr, Robbins stated that the City Commission to look into face changing and the variance criteria for signs, If someone wants to change the face of a sign they must change the whole sign if it is not i currently in compliance with regulations. There has not ; been a high number of signs that needed to be c hangeeC, but dt here are complaints, ~ Than ! when they have to ge changing is the only technique available to remove existing sign clutter, one alternative is to allow all fwith the changes, There will not be very many variances existing criteria, Mr. Robbin showed the Commission a slide show andtreviewed the background iof sign regulation in Denton, Mr, Appleton asked if the cases rejected b the Si nBoard of Appeals could have been Approved using specia sign districts. Red.. j P P&Z Minutes August 28, 1991 Page 2 Mr. Robbins said yes but they would have had to work with their neighbors, ! Ms, Huey asked if voluntary amortization is possible. Mr, Morris said that the problem is there cannot be an ? agreement on the enforcement of police powers, Having a contract shifts the burden to the City to enforce agreements, Mr. Robbins said that waiting five years just pushes ttie ` problem back. E Mr. Morris says that the laws requires the City to ' 111 compensate if we make someone do something different to their sign. If the owner wants to do something different, S ! then the City can say that the change must conform to 9 regulations, If an agreement is made with an owner that a sign will be taken down in five years, there is no way of knowing what enforcement will be like at that time, i Mr. Robbins added that there could even be a different owner in five years. In Lubbock, where they did use amortization, 601 of the signs became conforming prior to the six and one-half year period that was set, Mr, Bngelbrecht asked the fee for a sign district, Ms. Baker said $100, ! Mr. Appleton asked if the sign district could be used to J obtain a variance. a Mr, Morris said no, he wrote the ordinance to preclude the j sign district from being a variance process, A sign district must be a better plan than could be done under standard regulations. i The Commission discussed sign districts, Mr. &ngelbrecht said that the idea behind the sign district is that for an architectural or aesthetic reason someone I might want to vary the sign regulations, His concept was for a district to be a larger area than a single strip center. Mr. Robbins stated that the issue of face changes puts a lot of pressure on the City Council. He hopes that a compromise can be reached, Mr. Holt asked if a lot of people have complied with the face change requirements, 4th;"..y 11?#ii (`s. ti.inS 4 11x1 l' 1 PP,2 Minutes August 28, 1991 Page 3 Ms, Baker said yes and they should be given consideration, They may get upset at the instability of the sign ordinance, IV. Hold a public hearing concerning the Sign Ordinance, Cliff Reding said that the intent of the regulation of signs by ordinance is outstanding. A a representative of the sign industry he wants some kind of uniformity, His business is on a five lane road and he Is limited to a 6' sign while 20' signs are allowed on Locust and Elm Streets, Some signs are built to be changed, Most lighted signs are built to have the face changed out, In the case of rentucky Fried Chicken, they changed their company artwork. If they had an existing sign, theyy would not have been allowed to change out the face, Peri:aps there can be a middle ground, What happens if a sign face Is vandalized? bveryone is confused, They cannot tell customers the ordinance from one, day to the next, At Carriage Square there is a place for a sign on a structure that is already In place, It is a new, attractive, well-designed sign, It happens if that sign ; Is damaged by a car? Then everyone's panel would have to be removed and changed. Businesses there just want to be identified, He agrees that there must be some regulation a r but it must be reasonable for all eoncernc~ Businesses pay taxes too, Lubbock and Plano have better ordinances than Denton, lie cannot follow Denton's ordinance becauso of problems with interpretation. For example, if he wants to ` paint a ten year old sign he has to get a permit. If the sign doesn't meet criteria, it must be redone in order to get a permit, In Plano, they don't regulate signs by color I or copy, only by height and setback. There is a vacant ' building with an "Abbey Floors" sign, Abbey Floors isn't there anymore. A new tenant bought the building with the hope and understanding that they could use the sign as part of the real estate, Not allowing them to do so is detrimental to the business community, kenting vacant buildings Is very difficult because the new renters cannot ' use the existing signage. ; Mr. Engelbrecht asked if business people rent or purchase property without finding out if they can use the signs, Mr, Reding said that it is human nature, First time ; business people don't know they can't use the sign, It is not logical. On question Mr, Robbins said that the Arby's sign was allowed because they have frontage on Loop 288 since development cannot occur between the drainage easement and the street, The sign was also approved with the Planned Development (PD), It is not confusing to say that approval of a sign is also a function of a PD, I . I P&Z Minutes August 28, 1991 Page 4 Mr, Reding stated that there are a lot of small businesses in town that are trying their best to comply with regulations, Ms. Feshari asked Mr, Reding to clarify whether he believes the Plano ordinance is better than Denton's because of its content or because It is more user friendly, Mr. Reding said both. Mostly their regulations are more acceptable in allowing people to do things and it is easier { i to understand, ; Ms. Huey asked how Plano wuuld cope with having a face change on a 30' sign. ' Mr, Reding said that he does not have their ordinance y memorized, Mr, Appleton asked Mr, Reding what he proposes as a middle + ground for face changes { Mr, Reding said that plastic, internally-lit signs are made to allow the faces to be changed, As long as the sign 4 structure is maintained, face changes should be allowed for F existing companies. i Dick Kelsey stated that he represents Cencor and they have a problem with face changes. The individual panels on their Carriage Square sign conform to the sign ordinance. when they leased out space to tenants they signed contracts which included the use of the signs. They cannot legally change the existing tenants' signs. The fair way to deal witn signs is to amortize them. The structure and appearance of the sign is not the problem. Non-conformance is the problem. The way the ordinance is structured now is not fair to everyone. Some people are going to get hurt. 't'hey` had a tenant that was interested in locating in Carriage Square and would have provided jobs and income to the ! community. To get the tenant, they needed to change a panel r' on their sign, They were not allowed to do so. They would hove had to change the entire sign with all the ether tenants' panels as well, The City should either allow Mace changes or make it possible to get variances. The goals of the sign ordinance should be examined. Individuals are 'going hurt trying to achieve these goals, The amortization legislation should be overturned, If the 'T'exas Municipal League and citizens got involved, amortization could be reinstated, All new signs should comply dith regulations. Sooner or later old signs will have to be replaced, Cencor is losing a major tenant for property that has been vacant for several years. There are ways to administer tho ordinance no people will not be treated differeptly, i A i 1A 1W14 P&z Minutes August 28, 1991 Page 5 ' Mr, Engelbrecht asked how a sign could be changed through amortization given an existing contractural relationship. Mr. Kelsey said that contracts should have a clause that says if the owner is forced to do something by law then the tenant cannot complain. Most shopping centers have a siggn policy, They need amortization and abatement back. It is the fairest tool. If people cannot replace the existing sign and there is a still a huge sign next door, it is unfair, what is done with the sign ordinance is important to the business community, not merely to aesthetics. Everybody has a sense that the sign ordinance is not really working. Mr. Robbins pointed out ',aat Drug Emporium (the proposed tenant in question) has no ground sign at some of its other Metroplex locations. He has heard that they will be locating in Denton Center without a ground sign, Where they locate may only be a function of the market, a Bob Powell spoke to the commission on economic hardship. He 4 said that if people don't check the sign ordinance when they rent a property it is their own fault. If they do check the sign ordinance the property stays vacant. That effects homeowners. Business people check all the ordinances and then they go somewhere else, Owens Family Restaurant looked at Denton first but then located in Lewisville. Real estate ; agents must get sign permits and provide plots and plans for each permit. crown Cleaners' sign is not in conformance { i because of its exterior lighting, but within 100' is a ? billboard with enough lighting for an airport. Nobody f considered economic hardship when the sign ordinance was written. Owens Restaurant was not a sign problem but it was from the same bag of symptoms. Taxes are going up and will be paid out of the homeowners pocket, not from businesses. R A man on the radio said that the biggest thing in the way of economic development in Denton is the City Council, Homeowners must make up the differences when businesses are vacant. ) Mr. Holt stated that the restaurant didn't move to Lewisville because of economic hardship, It was a zoning question. The neighbors were opposed to the restaurant at its proposed location in Denton, In most cases, other Metroplex cities have even more restrictive sign ordinances than Denton, so where can businesses go instead? They may go to Lewisville, but no one wants to be like Lewisville. Plano is restrictive and well-planned yet a lot of j businesses go there, Mr, Powell said that the fact that Drug Emporium even had to consider coming or not coming to Denton over a face change on a sign is insane. ~~A • . t.tVH. i P&z Minutes August 28, 1991 Page 6 I Mr. Holt pointed out that everyone knows of Crown Cleaners because of its beautiful flowers, not because of its sign, Mr. Robbins stated that he is of the opinion that people who P don't know the facts are the ones saying that Denton has a 1 bad reputation. When an ordinance is being written, the people who are going to be regulated by that ordinance are invited to participate. The sign ordinance was no exception. k survey done by the Chamber of Commerce said that the ordinance was okay. Those things are not discussed when people say that Denton is hard to deal with. They don't talk about being consistent with other Metroplex ; cities. Denton has spent millions on economic incentive. 3 There is an attitude problem but it is that of the nay-sayers. Mr. Holt stated that he has lived in numerous places and he has never lived where people didn't complain about their city government. Mr. Reding pointed out that other cities have a higher building permit rate. Mike Cochran said that it is not because businesses were f stolen from Denton. Mr. Reding said that is unknown. f j ' Mr. Holt explained that the other cities have more residential permits because they are closer to Dallas, Mr. Cochran said that the sign ordinance is an economic element of aesthetic control, Aesthetic control is the road { to long-term stability. The reason for the sign ordinance ; is because of excesses by businesses which 'spoiled the waters", No one wants to live in a crappy looking town, i The face change requirement is a mechanism to speed up conformance with the new standards, Most people agree that the sign ordinance is a good thing. There is a question thof equalization, Not allowing the face changes speeds uln 1 process of equalization. The problems that exist e(on't` I negate the importance of the sign ordinance. It hao not been given time to develop as it is supposed to do, it has { good intent and he would hate to see it change. Mr. Reding himself worked with him on a committee during the last rewrite of the ordinance. Mr. Reding exclaimed that he made suggestions and tried to get involved, He does not claim authorship of the document. I i rl Lrpl t:.: 1 i P&Z Minutes August 2b, 1991 Page 7 Mr. Cochran added that many things in the ordinance were the suggestions of the business community. He asked the Commission to only consider making changes to small pacts of the ordinance and not to reconsider the document as a whole, Ms. Carson stated that over the last month she has done several presentations on code enforcement. She collected a stack of business cards from other citios, including Lubbock, that think there are valuable elements in the Denton sign ordinance and so they want copies of it, Mr. Engelbrecht noted that the only option for the owner of Carriage Square is to leave the empty panels on their sign blank. If other businesses move out then there will be more blank panels until such time as they are all will be in their best interest to change the sign. k. Then it ! Mr, Holt said that they could get a new sign and put everyone's name on it, If there had been serious interest by Drug Emporium they would have found a way, Pr, Appleton asked what will happen to the empty can, W. Baker said that it will stay up as it is or they can put iu a blank panel. Mr. Appleton said that is still clutter. It is uglier than if they had a panel with advertising. They should be required to removo the empty can, Ms. Carson said that there are not any provisions that would l allow the City to require them to take down the can since it E 1 is not an abandoned sign, Mr. Robbins said that no interpretation of that piece of the E sign as an abandoned structure has been made. The Chief i Building official makes interpretations, He gets help from the other staff and the Board of Appeals is there for those who disagree with an interpretation. Staff does not think that they can require a portion of the sign to be rewoved, An alternative is to change the standard so that face changes could be allowed on multiple occupant certain situations; however, there is a feeling of$ in frustration over the endless rounds of ordinance amendments, i Mr. Holt suggested that the alternative of no mailings, work sessions, and few or one public hearing for the amendment process, Mr. Engelbrecht agreed. He said that there is a variance problem, THere are so many unique situations and everytime an amendment is made it is only addressing one little problem. i dry. ylat3.fry 3 rF{pp7i i d n u AW Pf,Z Minutes August 26, 1991 Page B Mr. Holt noted that only a few people that are being affa:ted by the problems are showing up at the meetings. Mr. Robbins said that there are different criteria that may provide looser standards. He thinks that aesthetics are being dealt with and the Commission might want to consider special exceptions. Some of the staff disagree with that idea. A special exception Is different than a variance. Mr. Morris explained that a variance means a deviation from r standards established by the City Council, The option is i there because it cannot be anticipated how the standards will apply to every problem. It Is the nature of signs that there will be very few variance situations. of the three sign variance requests so far, two dealt with face change ' outs, not some unique feature of the property. The other ' problem is that an existing pole sign does not meet setbacks. Either prevent the sign change or change the setback. People are going to have problems. It is not a j variance problem they are running into but a standard 9 problem. These things could have been anticipated. We f cannot have criteria that if It looks good it's okay. ' Everyone must be treated the same. There are not may cases that will meet the criteria for a variance. It ensures fairness but makes is tough on lawmakers. Ms. Huey asked if there have been any other appeals to the { Sign Board. ( I Mr. Morris said no. ; Ms. Huey said that she would like the Commission to have a consensus before meeting with the City Council. She asked if other cities allow face changes. Mr. Robbins said that Plano moved from not allowing face ` changes to allowing them. Denton has a different kind of problem with its sign situation. It is a bigger problem but there may be less than 1,000 non-conforming signs, The recent changes to the ordinance brought more signs into conformance. Mr. Glasscock said that he thought face changes should be j allowed for existing signs. Mr. Appleton agreed as long as the business ownership, size, and frame aren't changed. He asked if the frame will eventually deteriorate. Mr. Reding said that they are built to last. j I lhy 1 ,1[~Ytnk.y rte" l.';ias'."A P&Z Minutes August 28, 1991 Page 9 Mr. Engelbrecht noted that the Crown Cleaner's sign only needs to be moved 81. The pole Is only 5' in the ground The whole sign could be moved, If some businesses want to change their logos that is okay but when a business purchases a property they should assess the sign situation, i j The Commission agreed that they were in favor of allowing face changes on signs for existing businesses as long as the ownership of the business remained the same, and as long as the size and structure of the sign were not changed, Mr, ngelbrecht stated that It was implied that Cencor has a probElem because of a contractural deal with other tenants, _ If that was the case, would that be an argument for a variance? 3 Mr. Morris said no and he is doubtful that it is in their lease. Mr. Holt pointed out that allowing change outs on the ? Carriage Square sign would give them an advantage over a single tract that would be required to put up a whole new { sign. I Sue Smith of the Sign Board of Appeals stated that allowing s face changes will push out the time frame for getting signs i to conform, I ' Mr, Appleton said that ownership of businesses changes a lot, , Mr, Holt noted that it is a political situation. Mr. Robbins said that one way to relive the political situation 13 for the Board of Appeals to grant lots of variances. Mr. Morris stated that an ordinance cannot be written that would allow variances without some ~,,,I que feature or problem, V. Work Session 3 at Discuss development notification, Mr. Appleton asked if there is any value in neving consistency in the amount of time for notifications, Can a City go beyond what is allowed by State law? He 1 just wants to impro i communication and apprise people of situations, j t 4Y9 pf lL5++ { Y { P8z Minutes September 11, 1991 page 8 Mr. Appleton left the meeting. IV. Discuss and consider recommendations to the City Council concerning the Sign Ordinance. Ilf Mr. Robbins reviewed the staff report, issues, options, and various scenarios with the Commission. { The Commission discussed face change outs and the concept of issuing five year permits. Mr. Morris recommended that any 5 year permits be issued upon the owner or applicant posting a bond for the cost of the sign removal in five years. They may only be able to get the bonds yearly so the Them5tateuusesaaesimilarreissued every year for five years., procedure. j 1 , Mr. Holt said that he is bothered because some people have already complied with the existing sign ordinance a nilif it is changged, others will get larger signs. The should be made aware of the options for changing the ordinance but they also need to be informed of thgsm that ` have already complied with the ordinance. the existing sign ordinance should be given to them as an option. Ms. Morgan agreed that the Council should be given the 1 number of signs that have conformed since 1989. j Mr. Robbins said that most of the people that have complied have complained, but only one complaint has actually been taken to the Council. 1 permit for 1I Mr. Kamman said that it seems easy to issue a p ical problem in five years but there will still be a political five years and the signs will not get changed, Mr. Morris said that the permits would say that the sign must be taken down in five years. Richard Kelsey has j indicated that there may be a challenge inofithe ve years. E ordinance. It may be now or it may , People may be less likely to challenge in five years. The challenge would be that changing the face of a sign Is not the kind of change in which the City can make enthemiconformbe according to State law. over something like Carriage Square. Mr. Holt noted that almost all the cities they have looked ' at had strict face change rules. Mr, Morris said that if Carriage Square is not CallowedAto An change their sign face then they are going extended year permit will lessen the chances of a challenge. i i, t e 0.l. t;gn f 1 PAZ Minutes September 11, 1991 Page 9 Mr, Robbins said that he likes the five year permit if something is going to be done between allowing face changes and conformance with the existing he doesinotethink theecouncil cannot afford to buy signs and will hang with the current face change standard, It looks permit like something in between is needed. The five year 1 ' is relatively simple. He is in favor of lessening sign clutter but wants something that can be approved. Ms. Huey asked if there is potential of challenge to the five year permits. E Mr. Morris read an except from State law pertaining to j cities paying for non-conforming signs. If a sign is blown down or otherwise destroyed, the City is not responsible for F paying for it. The definition of a sign is a structure and letters that are used to advertise something. Once the face with the message is removed, only the pole its does not he ~ does not interpret the pole to be a sign. j advertise anything. The non-conforming rights are then lost i E and the pole and new sign canhbegma a to conform. Mthe Kelsey believes otherwise. State removedethataitrcouldebeereplacedfwith anothersmessage. is Mr lingelbrecht noted that there have been six changes in s blocks blocks on University that would not have been changed if the five year permit process existed. There are some ; vacancies that will have to change their signs once they are occupied if the ordinance is left in place. Mr. Holt suggested that staff prepare an ordinance on five ` year amortization. Ms. Huey asked that the begn Ordinance remain n as i considered the next best option. I The Commission agreed to have a public hearing on the issue and to have a four year time limit on the permits, Mr. Robbins reviewed the criteria for sign variances with i the Commission. Mr. Holt noted that the four year permit will eliminate the need for discretionary variances or special exceptions. said that strict variance rules are needed. Things would get very political when people applied for disc sationary variances and Council would not a happy Mr. Robbins said that requests, Carrollton getsr 10-1Ze a monthots of variance i `yg~y 1. YQ5.`Aa,y~ i 2 F Q i p$Z Minutes September 11, 1991 page 10 Mr. Morris explained that he wrote the criteria In be four parts to make it understandable, because of a unique condition. A board should not have the i authority to change rules. That is a function of the City' Council, Mr, Engelbrecht said that he wants the Council to be made aware of the signs that have conformed. Holt stated that the goal of a prettier city should be k } keppt in sight. Sings and overhead wires are subtle but they make a difference when they are missing. V. Consider a modification of the Subdivision Ordinance for a driveway at N1 Oak Forest Circle. Consideration of the modification was withdrawn from the agenda. 3 V1. Director's Report, Mr. Robbins reported that there will be no new cases for the next couple of meetings. When the amendment to the sign l Ordinance has been drafted it will be brought back to the r Commission for public hearing. l Meeting adjourned at 7:55 p,m. l 2805x r 3 j' 1 ~ i : 3M+' d V.='Y, BCX . , 4 ,wFY 1 1 MINUTES Planning and Zoning commission October 9, 1991 The regular meeting of tho Planning and Zoning Commission was held on Wednesday, October 9, 1991 at 5:00 p,m, in the Council Chambers of City Hall, 215 East Mckinney. Presents Roy Appleton III, Jim Engelbreoht, Ivan Glasscock, Judd Holt, Mary Evelyn Huey, and William Kamman i Absent: Fran Morgan Present from Staff: Frank Robbins, Executive Director for r Planning and Developments Karen Feshari, Urban Planner; Owen Yost, Urban Planners Lee Allison, Water/Wastewater) Jerry Clark, City Engineer; Cecile Carson, Administrative k Analysts Glenn Gary, Water/Wastewater; Joe Morris, f Assistant City Attorney; Steve 5eese, Urban Planner) and Olivia Carson, secretary Chairman Holt called the meeting to order. k I. Consider the minutes of the September 11, 1991, regular } meeting. I Ms. Huey stated that the last paragraph on page 6 had a sentence about beer and wine being the central issue that was taken out of context. She suggested that it be removed from the minutes. She moved approval of the minutes of the 6 September 11, 1991 regular meeting as amended, Motion was j seconded by Mr. 2ngelbreoht and unanimously carried (6-0). ) II. Receive a citizen report from Mark Watkins concerning the j sign ordinance. Mr. Watkins stated that he owns crown Cleaners at 1105 East University and has several problems with his sign. One of them has to do with front yard and side yard netbaoks. 'it is i the front side yard in his case, His second problem is with external lighting. His light goes up in the air and does not come out of the sign, The third problem has do with refacing old signs. There are places that can be improved by refacing a sign. These problems can be solved by amending the ; criteria of the Sign Hoard of Appeals. Their hands are tied I They were upset because they couldn't find a way to approve his sign variance. They felt useless with the current criteria. It is like telling a jury that they can only make one decision. It is a waste of his time and the board's. He urged that they be given a free hand. A sign ordinance cannot be written that is fair to everyone. zt doesn't' matter whether a business is a new one or an existing one. The criteria must be amended so that the board can make decisions. I i r I P&Z Minutes October 9, 1991 Page 2 C Mr. Holt stated that when a review board is given too much discretion they can get into trouble giving variances from an ordinance. They might give one person an okay but not another. He has been to Keller and seen their sign review board deny everyone. The commission is looking for a way ` that some of the cases can be approved. j E Mr. Watkins said that the purpose of the sign ordinance is beautification and safety. His sign is lower than what is j allowed in signs. The City should be able to look at his sign and see what beautification or safety purpose would be served by moving or changing it. If there is no reason to change it then the owner shouldn't be forced to do something. There is no safety reason for moving his sign. If he takes it out of the planter, it is more likely to be hit by a' motorist. Mr. Holt asked if he thought there was any shot at getting a variance. Mr. Watkins said that if any sign can be moved than a variance is not allowed. Almost everyone has somewhere else on their property where a sign could be moved. III, Consider direction to staff ooncerning amending, the sign ordinance. Mr, Robbins stated that staff has prepared a handout for the commission on variance criteria. The proposed amendment may clarify the criteria. Staff suggests that it be given consideration, The commission discussed variance criteria. Mr, Kamman noted that the proposed amendment makea the criteria clearer but does not change the intent. ! Mr. Morris said that it combines two of the existing standards. The language about hardship is common to all variance ordinances. State law sets the guidelines for variances. He read the courts' definition of a variance. Every board must have a standard to follow in making a decision, They can determine what is a hardship or unique condition, Sometimes there may be a problem with the standards and a variance will not be needed. I T-- 1 f 1 i p&7, Minutes October 9, 1991 Page 3 Mr. Holt said that the Commission has to give reasons for granting zoning variances. The proposed amendment is strict ' but it may be perceived as not being as strict as the original language. He likes the proposal. Mr. Kamman asked if lights pointing, upward instead of down s would be considered unique, E ' f Mr. Morris said that the uniqueness must be a condition of the property not caused by the owner. The board must sign a j form saying which condition of the oriteria is not in i granting the variance but they do not have to explain why it meets the criteria. Mr. Engelbrecht stated that it would ko good ow have r cord of the unique features and hardships. That idea of what is going on. There may be a common condition and the ordinance could be tailored accordingly. Mr. Robbins said that the explanation is an administrative process that doesn't need to be in ordinance form. The and and petitioner board a mment sonhitJ.ee This varibeance reflect d the in staff the minutes. i Ms. Carson explained that in previous years the petitioner was not required to give reasons for requesting varianceai therefore, the reasons were often vague for the granting of variances. Mr. Appleton asked if the new wording will give the board more flexibility, Mr. Morris explained that the old and the new wording both ask if there is something that warrants a change. This { unnecessary hardship language may add a little interpretation but s seunique condtion must tbacks is a standard still problem~st. A sign that doesn't mast Mr. Holt noted that variances are tough to get in any city. MrAppleton said that it seem that other cities allow more . subjectivity. Mr. Morris replied that the commission can recommend another city's ordinance. Sufficiency of sufficient guidance to make standard decisions. a board m .~s some M 9y c'Jii'r' p&Z Minutes October 9, 1991 page 4 i 1 other cities have language that is so loose he cannot recommend it to the council. Mr. Robbins discussed the four year permit process with the commission. He suggested that there be an expiration date re four sued wouear ld becomesineffeotiveseued and those that when nen is had Ms. Carson stated that requiring the permit to be renewed annually will verify that the sign is still being used and + owned by the same person. Mr. Engelbreoht stated that it ray seem unfair to the I individual that has a non-conforming sign to make the 1 expiration date a short period but it is just as unfair tt I S the individuals that have complied to make it a long period. Mr. Holt agreed that changing the rules is unfair to sign If owners that have already complied. Mr. Robbins stated that the cost to remove a sigh is less , than that of putting up a new sign exactly like the existing one, It may cost several thousands to remove a sign but it won't cost as must to put up a smaller sign. Me, Huey asked if the cost of the bonds would be determined by the cost of removal and disposal. is like insurance. i Mr. Morris said that a surety company Usually bonds are issued for less than 10% of the cost. } Mr. Appleton asked why alteration permits are needed, f I Mr, Robbins answered that they are to make sure a sign is safe, and that it doesn't become more non-conforming. it also is a record of when a change was made. Mr. Engelbrecht stated that he is concerned that many businesses have complied FwaitththitlAs sign s same ordinance ? There is no assurance pressure won't happen again. Existing businesses have already had three years to think about conforming their ` signs. Therefore, he cannot support this type approach. There is still the variance route or they businesses have route of those that have complied. already seen the investments on their signs, r ~Y-:r 4:[ifF~f t , . P&Z Minutes october 9, 1991 Page 5 i non- Mr. Holt asked if the 7-11s have taken down their non- conforming signs and put up new ones. Ms. Carson said yes. 1 Mr. Glasscock asked Mr. Watkins what a new sign would cost. Mr. Watkins said one thousand to a couple of thousand dollars. Mr. Glasscock asked how much a bond and removal of the existing sign would cost. t Mr, Robbins said $200-500. Ms, Carson said that the bonds are a percentage of the cost and might have to be renewed every year for that percentage. Mr. Robbins noted that in Lubbock 60% of the non-conforming signs were made to conform before their six and one-half year term ended. It was their experience that people went ahead and conformed. s Mr. Appleton suggested four years from the effective date of { the ordinance as the expiration date. It would give relief 1 to some businesses but would encourage others to comply. i Mr. Robbins said that it may take awhile to inform people of the four year permits, i Mr. Holt suggested a five year expiration date to give people an extra year to find out about the permits. l Mr, Morrie clarified that all permits after the first year 1 { will end when the expiration date is reached. The commission directed staff to prepare an ordinance f creating four year permits. Ms. Huey noted that the process will postpone spending the principal, If they postpone changing out the sign it will ! ultimately cost them more money. Mr. Holt said that the reason for requiring the bond is to save the taxpayers the cost of the removal. IV. Consider a requent for Development Pl:~n water and sewer line 1 N:."IAr i DRAF:27 MINUTES Planning and Zoning Commission October 23, 1991 i The regular meeting of the Planning and Zoning Commission was held on Wednesday, t October 23, 1991, at 5:00 p,m, in the Council Chambers of City Hall, 215 East McKinney. Present: Judd Holt, Chairman; Roy Appleton III, Tim Engelbrecht, Ivan Glasscock, Mary Evelyn Huey, Fran Morgan, and William Kamman E. Present From Staff: Frank Robbins, Executive Director for Planning and Development; Karen Fesharl, Urban Planner; Joe Morris, City Attorney; Steve Seese, Urban 1 Planner; Owen Yost, Urban Planner; and Todd Parton, Planning Technician , Chairman Holt called the meeting to order, 1. Consider the minutes of the October 9, 1991, regular meeting, Mr. Kamman moved that the minutes of October 9, 1991 be approved, Motion was seconded by Mr, Engelbrecht and unanimously carried (7.0), IL Hold a public hearing and consider an ordinance amending the sign ordinance, I ' Mr, Robbins reviewed the sign ordinance with the members of the Commission, Ms, Huey questioned the amortization procedure and asked if it required bonding ' prior to unlawfulness, Mr. Robbins explained how amortization would work under the proposed 1 amortization procedure, He then reviewed the draft ordinance and explained the alternatives, fie explained the simplest solution for changing the ordinance would be to have a phase of regulation for which temporary permits would be issued, fie said the simplest way to implement the temporary permits would be to have a fixed time of transition for the time a temporary permit could be issued, ; Chairman Holt asked why the replacement section was included In the ordinance, Mr, .•,obbins explained that the replacement section was included for clarification, He stated that If a sign owner replaced or altered a sign, it would help explain what the City was talking about, Mr, Kamman asked if a temporary permit would be needed every year even if the owner did not change the sign, t ' j V4WkW ~Alp t Planning and Zoning DRAFT Commission Minutes October 23, 1991 Page 2 Mr, Robbins explained that two permits would be required by a sign owner who wanted to change a nonconforming sign, fie said that a temporary use permit would be required for the sign itself and a work permit would be required to alter tho. sign. Mr, Holt stated that no permit would be required for a conforming sign and asked whether there was an enforcement device for nonconforming signs. Mr. Robbins responded that an individL!al with a nonconforming sign would be required to obtain a temporary use permit, which would be used as a record keeping i E device to track nonconforming signs, Mr. Appleton asked for clarification of the 180-day time requirement in the work permit section of the draft ordinance, Mr, Robbins explained that the 180-day limit was for the work permits and that no work could be done to a sign once the temporary use permit expired, Mr. Robbins also recommended the fees be $35 per annum for temporary use permits and $5 per permit transfer, Mr. Holt asked Mr, Robbins to reconcile the time requirements for Section IV part a(5) and Section IV part c, Mr, Robbins said that part a(5) of Section IV was for clarification, tie said the work permit would last for 180-days, which would allow an individual to acquire a temporary use permit and a work permit simultaneously, Fie also said that part c of Section IV gave an individual a thirty (30) day grace period after the expiration date of their temporary use permit to either remove the sign or make it conform to the ordinance. Mr. Robbins also said that at the end of the 30-day period, the City has the option to get the bond outlined in the draft sign ordinance or enforce the ordinance, { Mr, Holt said he was concerned with the section for removing the sign, He stated that if someotie replaced a sign they could make one that was conforming, Mr, Robbins said that the ordinance did not preclude someone from building another nonconforming sign, Mr, Morris said that the ordinance currently regulates the verbal portion of a sign separately from its supporting structure, He said the purpose was to discourage replacing the faces of nonconforming signs, { Mr, Robbins read the definition of a sign and of a supporting structure, I _i i 4 i t Planning and Zoning IIh Commission Minutes 1=7 j October 23, 1991 Page 3 i Mr. Appleton asked whether a work permit would be needed to paint a conforming sign, Mr. Robbins said that most of the time it would, Fie said it would be an alteration of a sign unless the sign was constructed in such a manner as to be repainted, ` i I, Mr, Appleton said he would like to see the ordinance streamlined, He stated that the ordinance was on the verge of requiring too many permits, Mr, Morris said the permits would be required in order to force the compliance of the ordinance changes. He said they would be used to track the signs, 1{ t Mr. Robbins said the permits would also be used to keep track of conforming signs f being changed, which was a critical factor, I Mr, Appleton asked if the wort; and temporary use permits could be combined, i . r Mr. Robbins said two forms were needed for record keeping since they help keep records of what alterations were made, In Favor: No one present to speak in favor of the ordinance, In Opposition: No one present to speak in opp.,sition of the ordinance, Mr. Holt closed the public hearing, 1 l Discussion: i Mr. Morris explained the bond section proposed in the draft ordinance of the sign ordinance. He said there would be a minimum charge of $50 per each bond, which i i may not be enough to make bonding worthwhile to bond companies, He suggested discussing the bond issue and stated that he would have enough information regarding the feasibility of the bonds before the ordinance went to council. Ms, Morgan asked how long the city would hold the bonds, Mr. Morris said the city would hold the bond until they expired and, unless the sign E was in nonconformance, the money would be returned, Mr. Holt asked what the bonds covered, E I 1 j Mr, Robbins said the bonds covered removal and disposal of the sign, Mr. Molt said the bond was considerably less expensive than bringing the sign into conformance, He asked Mr, Robbins if the bond would be enough to bring a sign ~ f )i 1 i Planning and Zoning Commission Minutes October 23, 1991 RAFT Page 4 1 into conformance. Mr. Robbins explained the reasoning behind the bond. lie stated that the bond was intended to be used as a transitional phase. He further discussed the sign issues that resulted in the proposed changes to the sign ordinance. Mr. Engelbrecht expressed some concern for allowing nonconforming signs to remain standing with temporary use permits. He said that sign owners have had two (2) years to conform to the ordinance. I Mr. Robbins stated that the problem was not primarily with existing signs, but with signs of future businesses, He said temporary permits would allow new, smaller businesses to get started before going to the expense of reconstructing a sign, Mr, Robbins also said that the alternative to temporary use permits would be to implement the bonds and if this was not feasible, staff would recommend to Council 1 to implement a deposit. j Mr. Kamman asked if the deposit would cost more than the bond, Mr. Robbins said that deposits would be more costly. He suggested leaving in the bond with the option to remove the sign later, Ms, Morgan said she thought that if removing the sign was a burc,en for new businesses than the deposit would be too. Mr. E:ngelbrecht stated his strong objection to the bond, lie said that many signs have come into conformity and that this far outweighed the people who had problems with the ordinance. He stated that the bond would essentially stop the process that has taken a number of years to get going. Fie said he felt the public f supported the ordinance, saying that he. had not met anyone who did not like smaller signs, lie said people recognize the changes and compliment them. 1-le said the process is worthwhile and needs to continue. He said that, to him, this change in the ordinance did not support the action of the other businesses that have 1 conformed. ' Mr, Kamman said he agreed and that he felt the only reason the Commission was considering the changes was due to political pressure, Mr. Holt said he wondered if the Commission was overreacting to the ordinance. Fie said he had only seen one person come before the Commission to explain their problems with the ordinance, lie said the Chamber of Commerce had conducted a poll which showed the majority favored the ordinance. He said that there was a s problem with the people who conform. He said the Commission needed to be careful because a change now could cause more complaints because there are people who have spent money to change and they may have not needed to. He said that j i (q~Yl. IIYtLS4 f VN i Planning and Zoning Commission Minutes October 23, 1991 Page 5 with the bonds he felt that somewhere down the line the city would pay. He said he would vote for the bonds with the hope that the City Council would realize that we do not need this. He said that the City was not in an uproar and that the City was looking nicer, Mr. Appleton said that the bond was simply giving; people an option. He said that smaller businesses would simply have to change their sign faces and could do so Inexpensively, fie said at least the bond would cut businesses a little slack and that } the proposed changes were nut a very big step, He said it was bad to revamp the ordinance every time a few people complained,' , Mr. Glasscock said he thought the Sigh Ordinance was a good ordinance. He also said he thought the bond would be good. He stated that the four-year bond period ? sounded good and that he thought it would keep the small business people happy. He moved to pass the ordinance with ti $35 temporary use permit fee, a $5 permit transfer fee and a four-year bond period to expire on January 1, 1996. l Ms. Huey seconded the motion, Mr. Appleton asked if the Sign Board of Appeals would still be a board of decision. Mr. Robbins said that the Sign Board of Appeals would remain a board of decision, + Mr. Appleton asked who established the deposits and whether staff would establish a deposit schedule, Mr. Robbins said that a schedule would not be established, that deposits would be based on contractor estimates which vary depending on the types and sizes of signs, The Commission voted to; (1) establish January 1, 1992, as the deadline for replacing or altering nonconforming ground signs and making use of new or altered t signs, (2) establish January 1, 1996, as the expiration date for all temporary use i permits, (3) set the temporary use permit fee at $35 and (4) set the permit transfer I fee at $5. The Commission voted in favor of these provisions 6.1, with Mr. j I Engelbrecht dissenting, y i i s 1 d A ,y. 2n4xH:u. " WIALI,0006D.WP5 240.6.1 f ORDINANCE NO. k AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN REGU- LATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES TO ALLOW THE TEM- PORARY USE OF A SIGN THAT REPLACES OR ALTERS A NONCONFORMING GROUND SIGN; PROVIDING FOR PERMIT PROCEDURES AND REQUIRING SECURITY TO IN- SURE COMPLIANCE; AMENDING THE CRITERIA FOR RECEIVING A VARIANCE AND ALLOWING THE SIGN BOARD OF APPEALS TO IMPOSE CONDITIONS; PROVIDING s FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PRO., VIDING FOR AN EFFECTIVE DATE. WHEREAS, the present sign ordinance prohibits the replacement or alteration of a nonconforming sign unless the replaced or al- tered sign complies with the standards of this Chapter; and i WHEREAS, the Planning and Zoning Commission has recommended that the sign regulations be amended to allow a property owner to temporarily use a sign that replaces or alters a nonconforming ground sign; and i WHEREAS, the Planidrig and Zoning commission has recommended that the criteria for granting a variance from the sign regulations be amended; NOW, THEREFORE) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Division 5 ("Temporary Signal') of chapter 33 of the code of Ordinances is amended by adding a new section 33-233 to read as follows E t Sec. 33-213. Replacing or filtering Nonconforming [ E Ground signs. ' i This section allows a property owner to replace or alter a nonconforming ground sign and make use of the new or altered sign until January 1, 1996, without conforming the sign to the regulations of this Chapter, (a) permitting Requirements. (1) Permit, An owner may replace or alter a non- conforming ground sign and make use of the new or alp tared sign by receiving a temporary use permit from the City. The permit may only be issued to the owner ~ of the real property whero th. sign is located. The f permit shall apply to all signs on one supporting structure. Other signs on the same supporting struc- ture may also be replaced or altered and used under t S{ggptf r i the same permit. No temporary use permit shall be issued for an abandoned or illegal sign or an aban- doned supporting structure. (2) Fee, security, and agreement. To receive a tempo- nary use permit, the property owner must submit the application and fee and a bond or cash deposit to cover the cost of removal, transportation, and dis- posal of the sign should the owner fail to remove or alter the sign as required by this section. Bonds must be on forms provided by the City. The amount of the bond or cash deposit shall be determined by the City. The property owner must also agree, in writing, to remove the sign upon expiration of the permit. (3) Transfer, The permit may be transferred to a new property owner upon payment of a transfer fee and the receipt of a new bond and agreement executed by the new owner. E, (4) Duration. A temporary use permit shall be valid for one year, renewable prior to expiration, for ad- ditional one year sr but all temporary use permits e ear term ~ shall expire on January It 1996. if the sign covered by a temporary use permit is abandoned, the permit expires on the date of abandonment. (5) WorklPermit. The work performed to replace or al- ter a sign under a temporary usepit its must b eper- formed pursuant to a 180-day perm this Chapter, but no work permit shall be valid beyond the expiration date of the temporary use permit. i (b) Regulations for Use. A sign covered by a temporary use permit must have the same effective area, height, and shape and be used and placed so as not to create a new violation or increase the degree of existing violation of this Chapter. The new or altered sign must make use of the same supporting structure as the sign it replaces or alters, without replacement or alteration of the support- f ing structure. (c) Removal. The property owner shall either remove the sign covered by a temporary use permit or alter it to t conform to the requirements of this chapter within thirty j (30) days of the date the temporary use permit for that sign expires. (d) Confliots. The provisions of this section shall con- trol over any other conflicting provisions of this Chap- tar. PAGE 2 111..1. I i U.^IU II. That section 33-65 (a) of Division 3 of Chapter 33, as amended by Ordinance No. 91-048, is further amended to read as follows: Soo. 33-65. Duration. (a) Ground or Attached Signs. Except as otherwise pro- vided in this chapter, a permit issued for a ground or attached sign shall terminate 180 days after issuance. 1 i 1 { 2Z TION TTT, That the annual fee for the temporary use permit y authorized by section 33-213 shall be $35.00. gN IV. That the fee authorized by section 33x213 shall be property owner to another as a $5.00. i RxCTION V. That Chapter 33 of the Code of Ordinances, as L' amended by ordinance number 90-182, is further amended by amending ; paragraphs 4 (c) and (d) of Section II of Ordinance No. 90-162, i relating to variances, to read as follows o~an Reaulati. 4 a. Yak s to the i (a) The Board may grant a variance from a require- ment of this chapter if it finds all the following exists (1) Due to some unique condition or feature of the property which is not generally common to other I properties, literal compliance with the sign regula- i tion would cause unnecessary hardship; (2) The granting of the variance will not violate the spirit or the intent of the ordinance; and (3) The condition or feature which creates the need for the variance did not result from the property ownerfe actg. (d) The Board shall not grant a variance to any applicant i solely for personal convenience, financial hardship, or other rea- sons unrelated to the property. if the board grants a variance, the variance shall be granted only to the extent that is reasonably necessary to remedy the hardship. The board may impose conditions relating to the use of the sign for which a variance is granted. gECTION U. The provisions of this ordinance are separable, and the invalidity of any phrase or part of this ordinance shall PAGE 3 5 I not affect the validity or effectiveness of the remainder of the ordinance. SECTION VII. That any person violating any provision of this ordinance shall, upon conviotion, be fined a sum not exceeding ; $2,000. Each day that a provision of this ordinance is violated ' shall constitute a separate and distinct offense. SECTION VIIII That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance tobe published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage, ...E " t PASSED AND APPROVED this the day of r 1991. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL F'ORMi DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs % i PAGE 4 17 I ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES! PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. - i. WHEREAS, the City has solicited, received and tabulated com- petitive sealed proposa:'k, for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures df state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefor; and f } WHEREAS, the City Council has provided in the City Budget the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Proposals" on file in the office of the City0s Purchasing Agent filed according to the number assigned thereto, are hereby accepted and approved as being the lowest responsible bids for such items: i ITEM NUMBER NO. VENDOR AMOUNT 1286 1-5 ADVANCED WASTE SYSTEMS EXHIBIT A L286 6-8 FUQUA ENTERPRISES EXHIBIT A 'a L286 9,10,1.1 ADVANCED WASTE SYSTEMS EXHIBIT. A 1286 12 PDQ STEEL EXHIBIT A 1286 0 ADVANCED WASTE SYSTEMS EXHIBIT A jj SECTION II. That by the acceptance and approval of the above l numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Invitations, Proposals, and related documents. T flyy777 1 v I Cflpc] j i I j J Ij. That should the City and persons submitting ap- SEC,r proved and accepted items and of the submitted proposals wish to ' enter into a formal written agreement as a result of the accep- tance, approval, and awarding of the proposal, the City Manager or I his designated representative is hereby authorized to execute the written contract which shall be attached heretor provided that the written contract is in accordanoe with the terms, conditions, r specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. r U&TION Iy. That by the acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal. or pursuant to a written ' contract mado pursuant thereto as authorized herein. [FCTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of r , 1991. BOB CASTLESERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ; DEBRA A. DRAYOVITCH, CITY AT'T'ORNEY E BY: 1,14 p cIWuVI EXHIBIT A BID b 1286 I BID AWARD ( BID AWARD VENDORS BID NAME REFUSE CONTAINERS PRICE I I I I I OPEN DATE 10-15-91 1 I I ' A I ITEM DESCRIPTION I I I .I -I I 1 . I I I I 1.1 2 CUBIC YARD I $221 EACH I ADVANCED WASTE SYSTEMS 1 E 2.1 3 CUBIC YARD 1 $254 EACH I ADVANCED WASTE SYSTEMS 1 ; 3.1 4 CUBIC YARD 1 $311 EACH I ADVANCED WASTE SYSTEMS I 4.1 6 CUBIC YARD I $432 EACH 1 ADVANCED WASTE SYSTEMS I 1 g,l 8 CUBIC YARD I $501 EACH 1 ADVANCED WASTE SYSTEMS I 6.1 2 CUBIC YARD 1 $196 EACH I FUQUA ENTERPRISES I 7.1 3 CUBIC YARD 1 $222 EACH I FUQUA ENTERPRISES I 8.1 4 CUBIC YARD 1 $264 EACH I FUQUA ENTERPRISES I' 9,1 2.3 CY SELF CONTAINED I $8535.91 EA I ADVANCED WASTE SYSTEMS I 101 30 CY SELF CONTAINED 1 $7811.83 EA I ADVANCED WASTE SYSTEMS I 111 20 CY SELF CONTAINED 1 $6989.89 EA I ADVANCED WASTE SYSTEMS 1 121 30 CY OPEN TOP CONTAINER 1 $2736.00 EA I PDQ STEEL I 131 6 CY SELF CONTAINED 1 $4731.55 EA I ADVANCED WASTE SYSTEMS I I I I 1 I I • s I ~ ~ l . C 1 F i 1 I vr..i, T, r T k l77III111 ' f I DATE: November 5, 1991 CITY COUNCIL REPORT TO. Mayor and Members of the City Council FROMs Lloyd V, Harrell, City Manager I a , SUBJECT: BID #1286 - REFUSE CONTAINERS RECOI+sENDATIONt We recommend this bid be awarded to the lowest bidder meeting specification by group and that the individual prices be accepted as firm for a 6 month period, Frontload Containers to Advanced Waste Systemss { ITEM 1 2 cubic yard at $221.00 each 2 3 cubic yard at $254.00 each I 3 4 cubic yard at $311.00 each 4 6 cubic yard at $432.00 each 5 8 cubic yard at $501.00 each Sideload Containers to Fuqua Enterprises: ITEM 6 2 cubic yard at $196.00 each j 7 3 cubic yard at $222.00 each 8 4 cubic yard at $264.00 each E Compactor/Receiver Equipment to Advanced Waste Systems: ITEM 9 2.3 cy compactor with 42 yd container $8535.91 each 10 30 cy self contained * $7811.83 each , 11 20 cy self contained * $6989.89 each 13 6 cy self contained $4'x31.55 y ' Opentop roll off Containers to PDQ Steels i ITEI-1 12 30 cy open top container at $2736.00 each Current estimated quantities are as follows: l Front Load Container - 360 units totaling $136,240.00 E Side Load Containers - 495 units totaling $111,100.00 Compactor/Containers - 20 units totaling $149,070.14 Opentop Containers 18 units totaling $ 49,248.00 Total initial expenditure $445,658.14 * Compactor and container are all in one unit. 1 I i CITY COUNCIL REPORT PAGE 2 OF 2 NOVEMBER 51 1992 j r SUMMARY: This bid and award is for the purchase of the Refuse Containers necessary for the City of Denton to complete the y transition from Waste Management to the City of Denton for f commercial refuse collection. The quantities are estimated and based upon a like for like container trade out to keep the impact on the customer as minimal as possible. ; s The lessor price offered by Kee Service for Item 12, 30 yard i ' opentop, fails to meet specifications for a heavy duty construction refuse type container. i BACKGROUND-, Tabulation sheet. FROGRAMS,_ DEPARTMENT OR GROUPS AFFECTEDt Commercial Solid Waste Collection Division and Citizens of Denton. i FISCAL IMPACT-, These containers will be funded from a Third 3 Party Lease/Purchase Agreement currently out for bid and to be presented to Council in December 1991, Respe fully submitted: -e I Gtr Lloyd V. Harrell City Manager s App oved: j L ~ ! Name: Tom b. Shaw, C.P.M. Title: Purchasing'Agent TS/jh 1195.DOC 1 PACE 1 OF 2 M BID # 1286 I 1 I I I f 1 MAY I PDQ I FUQUA I S& S I KEE BID NAME REFUSE CONTAINERS I FABRICATING I FABRICATING I ENT. I WELDING I SERVICE I I I CO. I CO. ( INC. OPEN DATE 10-15-91 I I I I I I I I-.. 1 I- I ! I ITEM DESCRIPTION I VENDOR I VENDOR 1 VENDOR I VENDOR I VENDOR I _ f I I I # Imo. 1 ~ I I I f I i I FRONT LOAD CONTAINERS I I I I I I i I I I f 1 I 1.1 2 YARD I $261.00 1 $260.00 I $250.OU I $240.00 I i 2.1 3 YARD I $301.00 I $290.00 1 $275.00 1 $279.00 f I 3.1 4 YARD 1 $345.00 1 $329.00 I $327.00 1 $335.00 I - I 4.1 6 YARD f $431.00 1 $449.00 1 $456.00 1 $412.00 1 - I 5.1 8 YARD 1 $569.00 I $522.00 1 $498.00 1 $510.00 I I 1 I I I I i 1 SIDE LOAD CONTAINERS I 1 I I 1 F 6.1 2 YARD 1 $266.00 1 $259.00 1 $196.00 1 $245.00 1 - I 7.1 3 YARD 1 $285.00 1 $264.00 1 $222.00 1 $320.00 i I ( 8.1 4 YARD 1 $321.00 $336.00 i $264.00 1 $394,00 t I f I COMPACTOR/CONTAINER EQUIPI I I I I I f I I I I I 1 9.1 2,3 GY COMPACTOR WITH 1 42 CY RECEIVER I f I I * $3,779.00 1 #9,572.0b 101 30 Cy SELF CONTAINED I I I I - I $81784,00 I ill 20 CY SELF CONTAINED I I 1 ( ( Or313.001 f 121 30 CY OPEN TOP I $2,789.00 1 $2,736.00 I #20750.00 I $2,855.00 i #2,525.00 l 131 6 CY SELF CONTAINED I 1 I 1 1 $5,132.00 1 { f I 1 I 1 *RECEIVU ONLY • i 1 Y PAGE. 2 OF 2 BID 1266 I I I I I 1 1 I ?Its I s~ut1 1 I utxAt R I ADVAM I vimm I M4SlE~i I BM Nff R CLMAIIM I CO. I dam I WrAL I WASH I wisp, ! PAK I I sYStm I I PC OM DATE 10-15-91 I I I I I 1 I b ! Im DFScfmnT N ! VMR I VENCOR I VFIM I VEM I YEN" ! V@AOR I ; r! 1 I I I I I 1 1 1 I I ! 1 f i ! F TM uV4D OWATNE1i4 t I - I - I 1.1 2 YARD I - I - I - I $1.00 2.1 3 YARD I - I I - I $254.00 I - I 3.1 4 YARD 1 - I - I - I $311.00 I - I - I 4.1 6 YARD I - I _ I I $432.00 I 5.1 8 YARD I I I I $501.00 1 I I ,,1 1 I I I I ! I I ` f WE LM 00NfAMRS I I I I I I I I I I I I I i - I - I I 6.1 2 YARD I - I $218,001 - I $211,001 7.1 3 YAM I - I $247.00 1 - I $245.00 1 1,270.00 1 I 811 4 YARD 1 - 1 $343.00 1 - 1 $M.0o i - I - 1 ~I I I I i I 1 i ! , 1 cCWACTOR/M W I I I I 1 I I I I I I I i I 1 } I I I I I I f 4 9.1 2.3 cY aWAC M V M 42 cY R1xIYFR I $9,923.00 I x,799.00 1 $11,780.00 i 1,535.91 I I 390618.00 1 101 30 CY WF OWAM 1 $8,748,00 1 38,293.81 1 - I $7,611,831 I 3e,590.00 1' r 111 20 Cr MP CWAM I $8,700.CA I $7,850.00 I I $6,989. 9 I - 1 380255.00 i K tzI 30 cY ceea Top I - f 33075.00 I $310W.00 I 0043.14 1 131 6 cY MF OwrAm 1 d5,036.00 1 -j5,286.o0 1 - 1 $4,731.55 I - I $4,869.00 1 1 I I I I I 1 1 f j I 1 I I 1 1 I a 7 I , «u` E wAkov I trfry3~,{,j r f E ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS &ND PROVIDING FOR THE AWARD OF C0NTR4CTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- i , petitive 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 receiv- ed and recommended that the herein described bids are the lowest; responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans f. and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION I. That the following competitive bids for the con- struction of 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 be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT ;38,031.b0 , 1287 WAYNE ALLEN CONSTRUCTION CO. 1288 LARRY MANNING INC. ;360931.00 I 1292 MIDWESTERN SERVICE INC. ¢118,000.00 1 j I SOON II. That the acceptAnce and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders inc tiding the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION 1111. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance witn the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- also and documents relating thereto specifying the terms, condi- 1 "1+ 5 i i i tions, plans and specifications, standards, quantities and speci- fied sums contained therein. SECT?ON IV. That upon acceptance and approval of the above ublic competitive bids and the execution of contracts for the p works a:;d, improvements as authorized herein, the city council here- i by authorizes the expenditure of funds in the manner and in the f amount as specified in such approved bids and authorized contracts i executed pursuant thereto. I' F.C_T?ON V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 01991. F BOB CASTLEBERRY, MAYOR } ATTEST: p' JENNIFER WALTERS, CITY SECRETARY t BY: 1 { APPROVED AS TO LEGAL FORM43 DEBRA A. DRAYOV i - BY i t , s .t:rxa ~ n. .sxgsyaa 3 i DATES November 1991 CITY COUNCIL REPORT t i TOS Mayor and Membens of the City Council ; FROM. Lloyd V. Harrell, City Manager SUBJECT: SID #1287 - PRECAST WALL FOR AIRPORT SUBSTATION We recoend tis id be awarde to the lowest Con tructi noCo.bin he amountdof $380031.00. RECOMMENDATIOAllen bidder Way + ` SUMMARY. This bid is for the construction of a precast type wall i around the Electric Substation at the Denton Airport. This substation located west of Denton on Jim Christal Roadh as been t , vandalized several times over the past years by Topeer screening and vandals shooting at electrical equ wall is intended to deter these re-occurring problems. Two types of wall were bid (1) the type currently installed at the Hickory and Kings Row Substations and (2) t a being , new "Pop Boys" location to shield residents from installed at the { commercial activities. The "Pep Boys" type wall was the lowest bid and is being recommended. The bid price is about 50% under our projected cost. PUB recommend approval. i F l BACKGROUND: Tabulation sheet, minutes from PUB meeting of October 16, 1991. I ~ I PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Electric Utility i Department, Substation Division. j FISCAL IMPACT: 1991-95 Capital Improvements Plan Project #9i-0255-04. ; F Respec ,fully submitted: € 3 Lloy . Harrell City Manager Approved: Names Tom D. Shaw, C.P.M. Titles Purchasing Anent TS/jh 198.DOC I I , 1287 I j I BID # Ix'ARrx ; GRAM Rs I wnxNE ALLEN t BID NAME MAST WALL O ric" Fow DALTON I I p rnON I CMSMrTnN k CMSrM=IW FIOR A sCB. I CO. I C✓t~SF~10m I I OPM DATE 10-3-91 MOR i I I I 3 vmm ` - I ITEM I '1a~R E Mon v"" I .00 X63,233• 1------- 00 l $421466600 i 0451980.00 i I I 1. S PECAST WALL i V30987.00 ; $49,500 C I I I NIB I $38,031.00 1 463#450,00 I $40,630.00 j r 2. I pLlMiATE NIB i I I f i. I I I ~ I , t I r i 4 I ICI I I I( 4 CArSi'NCR i V November 5, 1991 1,;5 CITY COUNCIL AGENDA ITEM . 1 , ! TO, MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Lloyd V. Harrell, City Manager RE; CONSIDER APPROVAL OF LOW BID FOR BID 11]287- PRECAST WALL CONSTRUCTION FOR AIRPORT SUBSTATION RECOMMENDATION: The Public Utilities Board, at their meeting of October 10, 1991, recommended to the city Council approval and acceptance of low bid submitted. SUMMARY/BACKGROUND: f The Airport Substation located west of Denton on Jim Christal Road has been vandalized several times over the past years by copper thieves and vandals Capital shooting equipment. it was decided in the Improvement plan document of 1991-95 that a screening wall was needed to deter these reoccurring } problems. We solicited bids for the construction of precast walls to shield the ' station from the roadway. We had very good response With ive construction bid was firms submitting bids for the two different wall designs, for a recast wall s submitted by Wayne Allen Construction, (a local firm) , i? the type installed at the new "Pep Boys" location to shield the residential area from the commercial location. The other precast wall design is of the type we currently have surrounding our Hickory and Kings Row Substations, and the low bid for this wall was Graco Construction, also a local firm, The price for the precast wall of the type we now utilize was $42,466 complete. The "Pep Boys" type wall watl $38,031 complete, These prices are for the north, west, of the station for a distance of 5701+, It does not include the and south east aide sidd fes the station which is approximately 190 feet additional, l z, r 4- Page 2 City Council Agenda Item Since the wall design we have utilized around our Hickory and Kings Row Substations caused some concern among Board members emabsers several b! ethe two about the aesthetic quality of the wall type, led us to different designs for consideration by the board. PROGRAMI DEPARTMENT OR GROUPS AFFECTED City of Denton ratepayers, Electric Utility Department, Electric Substation Division. FISCAL IMPACT This project was in the Capital Improvement Plan document of 1991-95, Project No. 91-0255-09, in the amount of $75,000. pectfully ctlbmi.+ , j 'Lloyd Harrel , City Manager j f Prepared by, E~Tullos, Director, Electrto Services j' J Appr ved b E. Nelso Executive Director opartment of Utilities CCAgsmla Noy 5, 1991 AMKvMU1195 Disk 1 (JS) 6 Disk AA (OA) I : r7'~, etlutU2+g y P EXCERPT MINUTES PUBLIC UTILITIES BOARD MEETING ; OCTOBER 16y 1991 s` g, CONSIDER APPROVAL OF LOW BID FOR BID X1287- PRECAST WALL s CONSTRUCTION 1;1DR AIRPORT SUBSTATION. Nelson gave a short overview of this project, indicating staff recommends approval of the low bid. Coplen made a motion to approve the low bid; second by Laney, All ayes, no nays, motion carried. E i 1 i r i is J S .p !t~i!R`731 DATE: November 5, 1991 r i CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager i i SUBJECT: BID# 1288 - ORIOLE STREET CONCRETE 1 1 { RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Larry Manning Inc. in the amount Of $36,931.00. SUMMARY: This bid and award is for tho concrete work associated with the reconstruction of Oriole Street from Mockingbird to Cardinal. The street construction and paving is being done by s City of Denton Street Department. The award to Larry Manning Inc. includes curb and gutter, sidewalks, driveway approaches, sodding9hydromulching and misc. sprinklsr system adjustments., BACKGROUND: Tabulation sheet. ! PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDi Street Department, Engineering and Citizens of Denton. FISCAL IMPACT: 1986 Street Bond Capital Improvement Program. i, h Ik Respect lly submitted: Lloyd V. Harrell 1 City Manager : Approved: I Name: Tom Shaw, C.P.M. Tftlet Purchasing Agent i TS/jh 199.DOC j iv BID I 1288 I I I I ! I E l I I I I I I ► I I I ! I I f Bin NICE ORIOLE STFM CONCRL'lE I MAWIW DC I JA! PAVM I B.L. DAMN ! FY= S TH I CXVW I I I I iw. Co. IC. i PAVINO OM DATE write R 1o, 1991 I I I I i i j, ~ I I h I i ~ I I CAY I MM DESCIU ON I Vf:DOR I VENDOR I VENDOR I VENDOR f vEwoaR I~ J~I f h I I I I I I I 1 I I I i? 1 I 1 TOTAL I $36,931.00 I $64,146.85 1 Vr546.20 f $41,184.75 1 05,940.90 I r I I I I I 1 1 I~ ! I f I ! I I ! i i I BID BOND I YES I YES ! YES I yEs I YES i } `I I~ I 1 i I i i t Z 6 I f II ~ ► DATE: November 51 1991 CITY COUNCIL REPORT _ j ,I i I ` TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1292 - CLEANING OF ANAEROBIC DIGESTER RECOMMENDATION: We recommend this bid be awarded to Midwestern Service Inc. in the amount of $118,000.00 SUMMARY: This bid is for the cleaning of an anaerobic digester l located at the City of Denton Pecan Creek Water Reclamation I! Plant, The bid request was sent to seven qualified firsts that had indicated an interest in this type project. Only one acceptable bid was returned. The lower bid of Tisdale Sanitary Service has taken major exceptions to the bid specifications for dilution limitation and also expect the City of Denton to bear the cost of the temporary containment facilities. These exceptions are not acceptable. I BACKGROUND: Tabulation sheet, memorandum from Asa Frown j Superintendent Water Reclamation. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Utility Department, 1 Water Reclamation Division. FISCAL_ IMPACT: 1991-92 budget funds account $620-082-0470-9339 maintenance of Plant and Equipment. Respectf lly submitted: j Gel~:~t~` ;f Lloyd V. Harrell j City Manager 1 Appoved : Name: Tom D. Shaw, C.P.M.~ Title: Purchasing Agent TS/jh 196.DOC f BID # 1292 I ! I f BID NAME CLEANING OF ANAEROBIC ! TISDALE'S I MIDWESTERN ! DIGESTER I SANITARY ( ! SERVICE I ! OPEN DATE OCTOBER 22, 1991 I I I r I I I tA I QTY i ITEM DESCRIPTION I VENDOR I VENDOR I I I I I I I, I 1! I CLEANING OF ANAEROBIC I $18059,00 I $118,000.00 I i I I DIGESTER I I I ~ f I I I I f I I I I I f a i i . ! a f s I I «c'rml y i di Lo CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M M TO: Tom Shaw, Purchasing Agent ~l'1D i FROM: Asa Brown, Superintendent Water Reclamation /96$ DATE: October 29, 1991 f RE: Backup Memo - Digester Cleanout Need - Digester operation -I. Explanation. The City of Denton Pecan Creek Water Reclamation Plant treats the spent waters of the community. These spent waters carry organic solids which must be stabilized to prevent odors and to comply with public health laws before they are disposed. At the treatment plant these are settled in tanks called primary clarifiers. The ! settled bio-solids or sludge is pumped to large tanks called r" III digesters. These tanks are the vessels wherein the bio-solids, or sludge is stabilized. This process requires anaerobic bacteria to come in contact with the bio-solids. By providing adequate mixing, proper temperature, pH and feed rate, the bacteria breakdown the bio-solids to organic acids, which are converted to methane gas, supernatant (rich organic water) and ash (digested sludge). This process requires the bio-solids to be transferred from one tank (primary digester) to another tank (secondary digester). During this process the heavier solids settle out to the bottom of the tank leaving supernatant (rich organic water) in the top of the tank. If, however, solids can not be transferred then this process is limited in terms of efficiency. To prevent this from oceurrin4g digesters are cleaned out every 5 - 7 years. Under normal conditions the bio-solids are pumped from one tank to another to allow the decanting of the water from the solids to occur. If this can not be accomplished due to thicker than normal bio-solids, then the only transfer that occurs is a thin solids limited liquid which flaws through the emergency overflow pipes. Such is the case with the primary digester which was constructed in 1980 ana has never been cleaned out. About two years ago the ability to pump bio-solids from the primary digester to the secondary digester was thwarted. All efforts to correct this problea, have been fruitless and a decision to have the digester cleaned out was reached. Digester cleaning is an activity that needs to be accomplished every 5 - 7 years to insure proper digester operation, ABivg \i labwp010,doc k 41 ]yyn . . t3fvIPSA'J,~ 1 liY:441tY. aX':J71 i j i ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, 3QUIPMENT, SUPPLIES OR SERVICES IN ACCORD- ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FRO14 REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE r DATE. 1 WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount ex- i ceedinq $10,000 be by competitive bids, except in the case of pub lie calamity where it becomes necessary to act at once to appro- priate money to relieve the necessity of the citizens, or to pre- serve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; NOW, THEREFORE, THE COUNCIL OF' THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to'ap- propriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase OrdersM attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 20243 1 s EQUIPlSM ¢15,332.66 i 3 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the mater- ials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts there- in stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. 1 f ~ <d«u1 SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. } PASSED AND APPROVED this the day of 1991. } BOB CASTLEBERRY, MAYOR ATTEST: }4 JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: I DEBRA A. DRAYOVITCH, CITY ATTORNEY } BY: , j j i I I rnvxx?f ` DATE; November 5, 1991 I I CITY COUNCIL REPORT TO. Mayor and Members of the City Council k FROM. Lloyd V. Harrell, City Manager i 1 SUBJECT: PURCHASE ORDER #20243 J & S EQUIPMENT I r RECOMMENDATION: We recommend this Purchase Order Number #20243 in the amount of $15,332.66 to J & S Equipment be approved for payment. j SUMMARY: Purchase Order #20243 is for the removal, repairs and ? s ' replacement of the under carriage on a model 973 Caterpillar Trackloader used in the landfill operation. This machine is a major portion of our refuse cover program. Lengthy downtime is not acceptable. ' Procurements of this type are exempt from the bid process as outlined in chapter 252.022 Texas Local Government Code. Expenditures to protect public health and expenditure due to unforeseen damage to public machinery or equipment. Quotations were solicited from Darr Equipment $16,009.00 and J&5' Equipment $15,332.66. BACKGROUND: Purchase order ;20243. ' I PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Solid Waste Landfill Div sion and Fleet Operations. FISCAL IMPACTi 1991-92 budget funds for maintenance of equipment 710-025-0580-8710. -I Respe fully submitted: I l yd V. Harrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Titles Purchasing Agent TS/jh 200.DUC t 1 4 Iru 11 CONFIRMINu IG ORDER XX PURCHASE ORDER NO: PC 2)243 CIF MARKED) Thls number must appear on all NOT DUPLICATE cInvoices, tns, delivery slips, caws, DO ctns boxes, packing slips and bills. Rep Nor Bld No: Date: 10 15 01 Page No. PURCHASING DIVISION /901.8 TEXAS STREET /VENTON, TEXAS 76201 iVENDOR J.5o EQUIPMENT 5cRV1CE INf;X817/983.710001FwAtFrRO817/2670042 FAX 6171382.4692 NAME/ 64"2 WILDLIFE PARKWAY DELIVERY CONFIRMATION GNLY C14 :ADDRESS GRAND PRAIRIEv TX 7505U VEHICLE MAINTENANCE ADDRESS 804 TEXAS DENTON• TX 76201 I VENDOR NO, JJJ5930F! DELIVERY QUOTED 10 31 91 FOB DESTINATION TERMS y r.'.^f. .,p ..i. l $,,.a` .N, '1L M 0 /~'->a iv f r i~J 1 I l 01 1.090 FA VLNDLIR CAT* N / A MFG NAME 60332.664: 150332.6E` CITY N 92935 RIC• #72526 R & R UNDER CARRIAGE OF UNIT COMPLETE i I E I i i { t PAGE TOTAL 1E;3.~cE61 GRAND TOTAL l XE0332.E6 . h1 71I 025 :;513a 8710 ISOZ 2•GS Vt:NDtlR INSTRUCTIONS; 3, Terrns - Net 3a tU des" otherwise sped d 1 I 1. Send original Invoke with duplicate copy. 4, Shipping Instructlons: F.00. beslination propald (Unless otherwise sneCkd) 2, [till to - Accounts Payable 6. No tedorol or state sales tax shall be Included 216 E, McKinn X St. In pfIces billed. _ r)-l TV," 1 Purchasing UIVIsIon r owl a 4 CITY COUNCIL ;r }i y ~ f ij ,!7 i i y , 0oo0~oro N t 4 °0~~ 41 °~~aa cc p~`0 ~ ~ i, l 1 i p ~r5w,, f DATE: November 51 1991 CITY_CUUNCL _fiEPQKT _RURMAT i r0: Mayor and Members of the City Council r I ~ i t f FROM. Lloyd V. Harrell, City Manager €UBJ; Approval of ordinances authorizing the City Manager to sign contracts with Denton City County Dny Nursery, i Fred Moore Child Care Center, Denton County Friends of the Family and Services Program for Aging Needs. i, r { t ftk;CnMMENDQ'CION: ' , The Human Services Committee recommends approval. BAC,xa OU : During the HSC's spring funding hearings the agencies F listed above requested funding from the City. Recommendations by the Human Services Committee were I' forwarded to Council. On September 171 1091, Council passed the City's 1991-192 budget which included funding i for human service agencies. The agencies and amounts l allocated are listed below: City County Day Nursery $14,000 Community Food Room $ 2,800 Denton County Friends of the Family $33,000 Fred Moore Child Care Center $28,000 HOPE, Inc. $ 5tooo RSVP $ 61800 SPAN (social services) $26,000 Ordinances are not required on contracts under $10,000. Staff is therefore requesting approval on ordinances representing contracts over that amount. Sl)NI4QE~.Y_: City will reimburse agencies for services in the areas of of child care, prevention of family violence, food and shelter assistance, volunteer services and assistance to the elderly. P.--Q-ARAM _WAU TS.._C.$_ (3RnUPr_!1F.NKrzTRI'-. Contracts administered by the Community Development, staff. Other groups affected are agencies and program beneficiaries. { }Yi. , 1v'sR2Mbk Nil :a Report format: 1 page 2 ICI i F15CA1~ 1i;Ps The I for agencies. City 919s - $116,600 Annual for. Program human Services includ Reef fully submitted' 2/4 Lloyd V, Harrell ~ City Manager prepared by: )Barbara Ross Community Dnvelopment Coordinator f 1 r k. Approved ; } 1 ran Robb ns CPJJ M } Executive Director for Planning A Development I 1 1 I f r # CCRFHSC,091 { i ~ k i E 1 j r r I t i I i : .arrrrrrr.r~t. i P ` N i l j ORDINANCE NO. _ AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND :s DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE Tft AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the city to provide public funds to Denton County Friends of the Family, in consideration of the valuable public services to be furnished by Denton County Friends of the Family to the city of Denton i " ti , in accordance with the "Agraement , ' !ached heretol NOW, THEREFORE, ! at THE COUNCIL OF THE CITY OF DENT014 HEREBY ORDAINSS 9 That the city council hereby approves the SECTION I. "Agreement" attached hereto, between the City of Denton and Denton r County Friends of the Family, and authorizes the Mayor to execute said Agreement, Z&T,j9 II. That the city council authorizes the expenditure of it in the Agreement, in the manner and amount as specified funds _jjIa. That this ordinance shall become effective immed ately upon its passage and approval. PASSED AND APPROVED this the day of _ 1991. ' i j BOB CASTL>;BERRY, MAYOR 1 ATTESTi JENNIFER WALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH$ CITY ATTORNEY BY1 iL.!__ _6~fC.Z• M tt ~+AA000go AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY FRIENDS OF THE FAMILY 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 Denton County Friends of the Family, a non-profit corporation, hereinafter referred to as $'Agency'01 WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HRC reoommends funding the Agency) and WHEREAS, the City has determined that the Agency merits assistance and can provide needed services to citizens of the City and has provided funds in its budget for the purpose of paying for contractual services i NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES E The Agency shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by the City may be f usedi i A. Provide emergency residential shelter to women and their children, who are victims of family violence, B. Provide counseling, on both a residential and nonresidential basis, to family members, to assist them in dealing with the emotional and physical trauma of family violence. C. Provide counseling services to victims of rape and their families. D. Provide community education services concerning rape and family violence, 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 bank account for deposit of the Thirty-three Thousand and No/100 ($330000.00) 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 1 O N } 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. I 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. 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 Community Development Office 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, i 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 and of the Agency's fiscal year, a. It will promptly pay all bills when submitted unless there is a discrepancy in a billy any errors or discrepancies in bills shall j be promptly reported to the Executive Director of Finance or his authorized representative for further direction, E H. It will appoint a representative who will be available to F meet with the Executive Director of Finance and other city officials when requested. i from an I. it will indemnify and hold harmless the city any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. ' is It will submit to the City of Denton copies of year-end audited financial statements. . ! ITT. `C~.MF OF pF'RFORMANC.E, The services funded by the City shall be undertaken by the Agency within the following time frames October 1, 1991 through September 50, 1992. PACE 2 I r 1 i i i TV, M)THOD OF pAY A. Payment by the city for services provided hereunder will be made as follows) provided, that Agency shall request said payment by letter addressed tat city of Denton, 110 West Oak, Suite B, Denton, i Texas 76201, Attns Community Development Coordinators i $8,250 on or after January 1, 1992 $9,250 on or after April 1, 1992 j $8,250 on or after July 1, 1992 $8,250 on or after September 30, 1992. , B. It is expressly understood and agreed that in no event under 3 the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Thirty-three Thousand and No/100 k Dollars ($33,000,00) for all of the services rendered. t 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. # 11'I V, FVATUATTON s The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously { monitored. The Agency c,~3rees to make available its finanoial records for review by tt,e City at the City's discretion. In addition, the Agency agrees to provide the City the following data E and/or reports A. All external or internal audits, Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. 0. Quarterly performance reports to be submitted in January, April, July and September, to include the following datas 1. Shelter ser.vioess 1 a. Total number of clients served. b. Number of shelter days. o. Number of client counseling hours. 2. Hotline crisis lines a. Total number of calls. b. Number of family violence calls. c. Number of batterers calls, d. Number of sexual assault calls, PAGE 3 I~ T"- ,21 a `1 , y 1 ! 3, outreach services, number of a. Family violence calls, number of b. sexual assault victims served. o, batterers served s ' d. Total clients counseling hours. e. Homemaker's clients served and number of hours i served, ( f. Adult parenting clients served. g. Total parenting hours. 4. Number of volunteers, 5. Number of volunteer hours, F i D. The Agency agrees to submit quarterly financial statements in E January, April, July, and September, Each statement shall include current and year-to-date period accounting of all revenues, t expenditures, outstanding obligations and beginning and ending t balances. I ! E. An explanation of any major changes in program services. t F. An explanation of use of funds to provide additional services. 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 i` f 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 1 representatives shall be afforded access to all Board of Director's meetings. Minutos of all meetings of the Agency's governing body shall be available to the city within ten (10) working days of approval. VII. all-EM1MR-_QR TERMINATION In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance, i In case of termination, the Agency will remit to the City any unexpended City funds, Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this agreement. PAGE 4 i j r VIII. EOUATI OPPOIUNITY A. Agency will submit for city approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this contract. D. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C, Agency will furnish all information and reportu requested by the City, and will pet-mit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, r state and Federal rules and regulations. D. In the event of the Agenoy's non-compliance with the t non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City, t i IX. CONFLICT OF INTMJM 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 Agarjy 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. t B. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any 1 interest in or use his position for a purpose that is or gives the 1 appearanoP of being motivated by desire for private gain for ' himself, or others; 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 responsibilities in l 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 interestj or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X, NEPOTIS Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. The PAGE 5 i i Y 4 € I term "member of immediate family" includes$ wife, husband, son, - daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-ohild, half-brother and half-sister. f IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , f i 1940. E CITY OF DENTON, TEXAS t t. BY: _ BOB CASTLEBERRY, MAYOR 1 ATTEST! JENNIFER WALTERS, CITY SECRETARY t j BY! , i APPROVED AS TO LEGAL FORM t DABRA A4 DRAYO'VITCH, CITY ATTORNEY r i BY! DENTON COUNTY FRIENDS OF THE FAMILY { BY! 7~,~1•zf..~tiist_t,i. DIRECTOR ATTESTI /s~Gf~_ • i HY - - - BOARD CHAIR BY $ CRETARY AMOO0a0 PAGE 0 E I I ORDINANCE NO, AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATEDI AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT] APPROVING THE EXPENDITURE OF FUNDS THERE- FOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to services Program for Aging Needs, Incorporated, in consideration of the valuable public services to bo furnished by services Program for `s Aging Needs, incorporated to the City of Denton in accordance with the Agreement attached hereto= NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION It That the city Council hereby approves the Agreement attached hereto, between the City of Denton and Services Program for Aging Needs, Incorporated, and authorizes the Mayor, to execute suid y agreement. f SECTION II.. That the city council authorizes the expenditure of f funds in the manner and amount as specified in the Agreement. SECTION IIIIII. That this ordinance chall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1991. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORMS DEBRA A, DRAYOVITCH, CITY ATTORNEY AM00066 t r AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED 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 services Program for Aging Needs, Incorporated, a non-profit corporation (hereinafter referred to as Agency) l 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 E . therefore HSC recommends funding the Agenoyj and WHEREAS, the City has determined that the Agency merits assis- ; tance and can provide needed serviced to citizens of the city, and has provided for funds in its budget for the purpose of paying for , contractual serviced 3 NOW, THEREFORE, the parties hereto mutually agree as follows: I. rr.OR OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: i I A. Help older citizens remain independent and as fully active in the community as they choose, B. Provide a hot meals program five days a week at Denton i, Senior Center, Heritage Oaks and Martin Luther King, ar. Recreation € Center. f C. Offer information and referral services for older persons at the SPAN Central Office. D. Provide a nutrition program at Denton Senior Center. { L. Provide homemaker services, benefits counseling and a residential repair program for elderly citizens. F. Assist senior citizens in arranging for or obtaining needed services and provided benefits counseling such as assistance in filing for insurance, social security benefits, housing subsidies, etc. t..,.., tf I: i II. OBLIGATIONS OF AGENCY in consideration of the receipt of funds from the city, Agency agrees to the following terms and conditionst A. it will establish a separate bank account for deposit of the Twenty-six Thousand and No/100 ($26,000,00) 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 account shall and shnot all of commingle funds funds f 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. f C. It will permit authorized officials fur 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 Community Development Office along with any amendments, additions, or revisions whenever adopted. F, It will not enter into any contracts that would encumber the f City funds for a period that would extend beyon(t 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 and 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, 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 exceptions, 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. PAGE 2 YA, v r,rx-.=a 1 i [E { I { j J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by the city shall be undertaken by the - Agency within the following time frames October 1, 1991 through September 30, 1992. IV. METHOD OF PAYMENT A. Payment by the city for services provided hereunder will be made as follows provided, that Agency shall request said payment by letter addressed tot City of Denton, 110 west: Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator:, $2,166.66 on or after November 1, 1991 $2,166.66 on or after December 1, 1991 $2,166.66 on or after January 1, 1992 $2,166,66 on or after February 1, 1992 $2,166.66 on or after March 1, 1992 $2,166.66 on or after April 1, 1992 $20166.66 on or after May 1, 1992 F $2,166.66 on or after June 1, 1992 E $2,166.66 on or after July 1, 1992 $2,166.66 on or after Anqust 1, 1992 $2,166,66 on or after September 1, 1992 $20166.74 on or. after September 30, 1992 c 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-six Thousand and No/100 Dollars ($26,000.00) for all of the services rerdercd, It is i expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the City of Denton. j 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. f 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 finanoial 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 r.aports: PAGE 3 T- RPM--% r-jr--VW-WFIM" ) z . E A. AU external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (11)) days of receipt. B. All external or internal evaluation reports. April, , Quarterly to include the following datan January, i. Number of meals served at Denton Senior Center, Martin " Luther King Jr. Recreation Center and Heritage Oaks each month. 2. Number of information and referral requests handled quarterly. ; j 3. Number of persons assisted under QA-Qh available social service program. D. Agency shall submit quarterly financial statements in January, April, July, and September for the preceding quarter, which shall include expenses and income. i jZGTORS MEETING j V1. During the term of this. Contract, the Agency shall cause to be delivered to the city copies of all notices of meetings offit snBoard of Direotors, setting forth the time and place thereof. sha11 be del_'_vered to the city in a timely manner to iv,, adequate tho notice, and shall include an agenda an tends hd a agrees ofCity matters to be di.soussed. Agency representatives shall be afforded access to all Board of Directors meetings. Minutes of all meetings of the Agencyts governing body shall be available to the City within ten (10) working days of approval. VII. atiraox+NS70N OR TERMINATION The City may su.pend or terminate this Agreemont and paymants to the Agency, in whole or part, for cause. Cause shall include but not be limited to the followings se, or inept use of funds. misuser improper, A Y~s A g eno B. Agency's failure to comply with the terms and conditions of this agreement. material rata and/or reports that are incorrect submission C. Agency's or incomplete PAGE 4 li r i D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any { unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITX A. Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal i provisions, within one hundred twenty (120) days of the effective E date of this Contract. ' B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. r' C. Agency will furnish all information 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, 3 state and Federal rules and regulations. w D. In the event of the Agency's non-compliance with the non- i discrimination requirements, the Contract may be cancelled, termi- nated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. 1QNF119T OF INTEREST ` A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which j 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 PAGE 0 } j i appearance of being motivated by desire for private gain for himself, 4 or others, 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 responsibilities 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 interestt or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently 'r employed by Agency, or is a member of Agency's governing board. The term Otmember of immediate familylt inoludess wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, ; nephew, niece, stop-parent, step-child, half-brother and half-sister. } IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of 1991. CITY OF DENTON, TEXAS i i BOB CASTLEBERRY, MAYOR {F i ATTEST: JENNIFER WALTERS, CITY SECRETARY BYA E APPROVED AS TO L90AL FORM: j DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: PACE 6 ra• t 4 i 1 SERVICES PROGRAM FOR AGING NEEDS 4 l 7 ~ i DIRECTOR s ! ATTESTS j f SECRETARY j AM00066 I s ~ Ili If I {(4t f 3 PAGE 7 li k jjjjjmjjjjjjjjr~ - - .T -T anaz.,,ta~ i r i i i ORDINANCE NO. AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF f DENTON AND FRED MOORE CHILD CARE CENTER) AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT) APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City council has determined that it is in the best interest of the citizens of the City to provide public funds to Fred Moore Child Care Center, in consideration of the valuable public { services to be furnished by Fred Moore Child Care Center to the City j of Denton in accordance with the "Funding Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS! SECTION I. That the City Council hereby approves the "Funding Agreement" attached hereto, between the city of Denton and Fred Moore child care Center, and authorizes the Mayor to execute said agreement. ii. That the City Council authorizes the expenditure of funds nthe manner and amount as specified in the Agreement, j p,FSTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of r 1991 j BOB CASTLEBERRY, MAYOR i t ATTEST! G JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BY$ AAA00086 1 Tj yh.l Flilz t i i i 1 i s , j AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE CHILD CARE CENTER the City Of Thie Agreement is hereby entered into by and between(hereinafter Denton, Texas , a Home Rule Municipal Corporation, referred to as City) and the Fred Moore Child Care center (here- inafter referred to as Agency); i WHEREAS, the city's Human Services Committee (HSC) has reviewed i the services of the Agency and has determined that the Agency the resident performs an important human a color °age or nationalsoriginenand without regard to race, religion, , the Agencyt and therefore HSC recommends funding merits WHEREAS, the city has determined that the Agency { assistance and has provided for Twenty-eight thousand and N01149 I Dollars ($28,000.00) in its budget) NOW, THEREFORE, the parties hereto mutually agree as followso ) I, arOPE OF SF.RVYCxB The Agency shall in a satislaotory and proper manner perform the x following taskss 1 A. To provide low cost day care to low income families where j both parents work. r j B. To provide two nutritional meals, breakfast and lunch, for i the ahildren it serves. II. A°r rnArz+rnuC OF AGENCY. E in consideration of the receipt of funds from the City, Agency G agrees to the following terms and canditionot osit of the A. will a d 140/100 t($28n000,00)nDollareppaid to the sj Twenty-Eight Eight Thousand nd an Agency by the City and the only expenditures shfrom all tbeslor~thosa until such time as said funds are exhaustedr expenses listed in the scope ndsfreservices as ceived from other sources in this ; Agency shall not commingle 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. r. ~Y^` • .c:su j CULM*f i 5 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 Cityis Community Development office 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 and 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 r©quested. it will indemnify and hold harmless the City from any and all I. claims and suits arising ou the activities of the Agenoy, its out of s ees, employees, and/or contractors and save aenae®landhattorneys~ es from all liability, including costs, exp for or on account of, any claims, audit exceptions, suits, or 4 damages of any oharacter whatsoever resulting in who a r inapart from the performance or omission of any act of any employee, or representative of the Agency. it will submit to the City a copy of its year-and J. Each year, audited financial statement. 1 mTME OF P~'RFORMAtCS~E ' The services funded by the City shall be undertaken by the Agency within the following time frame: October. 1, 1991 through September 30, 1992. IV dFfQp.-4E-` A. Payment by the City for services provided hereunder will be made as follows= provided, that Agency shall request said payment by PAGE 2 i i i Letter addressed tot City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development coordinator: $7,000 on or after January It 1992 $7,000 on or after April 1, 1992 $7,000 on or after July 1, 1992 $7,000 on September 30, 1992 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. C. The City shall not be obligated or liable under this contract i to any party other than the Agency for payment of any monies or 1 provision of any goods or services. I V. EVALUATION 4 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 revs City at the City's discretion, In review b y the addition, the Agency agrees to provide the city the following data and reports A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of ~ receipt. E B. All external or internal evaluation reports. 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. s 2. Income level of families participating in program. D, Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include ~ expenses and income, outstanding obligations and beginning and ending r i balances. VI. =CTORS MEETINGS During the term of this contract, the Agency shall deliver to the city copies of all notices of meetings of its Board of Directors, [SAGE 3 s 1. 4 , i setting forth the time and t' manners toe thereof. adequat_ea notice, ands shall delivered in a timely the matters to be anddescription include an agency unand a derstands brief agreso that Ci y representatives discussed. Age shall be afforded access to all Board of Director-g meetings. Minutes of all meetings of the Agency's governing body shall be available to the city within ten (10) working days of approval. gf~SPENSION OR Tt^uuMruATION 1 VIIl or terminate this Agreement and payments to The City may suspend the Agency, in whole or pa:t, for cause. Cause shall include but not l I be limited to the followingt A. AgensYfe improper, misusu, or inept use of funds. ` I B. Agenoyfs failure to comply with the terms and conditions of this agreement. C, Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or f p. Appointment of a trustee, receiver or liquidator for all o of I substantial part of the Agency's property, or instituion bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is I rendered impossible or infeasible. In case of suspension, the City shall advise ti the funding e and writing, as to conditions precedent to t specify a reasonable data for compliance. case i termination, Acthe cepace Agency f will remit. h shally noany unexpe pended Cit funds. I ~ constitute a waver of any claim the City may otherwise have arising ~ out of this Agreement. f VIII. PnUAT. OPPORTIMITY A. Agency will submit for city approval, a written plan for compliance with the Equal Employment and2Affirmative ct oeffederal provisions, within one hundred twenty (1) Ys of the e date of this contract. PACIE 4 1 iy. F.La+ss j B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain complianca with local, state and Federal rules and regulations. D. In the event of the Agency's non-oompliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be { barred from further contracts with the City. IX. CQNELICT 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. f i 8. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any I 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 otheral particularly those with which he has family, business, or other ties. i C. No officer, member, or employee of the City and no member of its governing body who exercises any fuAction or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate is any decision relating to the j Contract which affects his personal interest or the interest in any j corporation, partnership, or association in which he has direct or indirect intereeti or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. N'EPOTIS i Agency shall not employ in any paid capacity any person who is a c member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. The term "member of immediate family" includess wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, unc1.e, nephew, niece, step-parent, step-child, half-brother and half-sister. PAdE 5 i I E IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Funding Agreement as of the day of f 2991. { CITY OF DENTON, TEXAS BYS BOB CASTLEBERRY, MAYOR j ATTESTS k JENNIFER WALTERS, CITY SECRETARY { I BYs APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY r BY, 3 FRED MOORE CH7,LD CARE' CENTER ~ III; nIRECTOR i 1 ATTESTS ppI BYs l~.lSl4 Y. S RETARY AAA00066 { f ! PAGE 0 i 1 MNn 1 I c 1. X11 { I ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BI:TWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Denton City-County Day Nursery, in consideration of the valuable public services to be furnished by Denton City-county Day Nursery to the City of Denton in accordance with the "Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS { SECTION I, That the City Council hereby approves the , "Agreement" attached hereto, between the City of Denton and Denton City-County Day Nursery, and authorizes the Mayor to execute said agreement. 3 SECTION II, That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement, SZCTION ];II6 That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 19914 j BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WAITERS, CITY SECRETARY I APPROVED AS TO LEGAL FORMS DEBRA A, DRAYOVITCH, CITY ATTORNEY By l AAA000K4 f d 1 a a AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CITY-COUNTY DAY NURSERY 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 Denton City-County Day Nursery, profit corporation (hereinafter referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has reviewed the servi.cos 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 HRC recommends funding the Agency; and ! t WHEREAS, the City has determined that the Agency merits 1 assistance and can provide needed services to citizens of the City and has provided funds in its budget for the purpose of paying for contractual services; j 4 NOW, THEREFORE, the parties hereto mutually agree as follows I, ernPE 0 SE yjM The Agency shall in a satisfactory and proper spanner perform the following tasks: A. To provide low cost de care to low income families where both parents work. } B. To provide two nutritional meals, breakfast and lunch, for the children it serves II. OPITGA'fI0N5 nt, A,GNCY j In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditionst A. It will establish a separate bank account for deposit of the F Fourteen Thousand and No/100 ($14,000.00) Dollars paid to the Agency ! by the city and the only expenditures from this account, until such time an said funds are exhausted, shall be for those expenses listed in thL 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. y r ' C. It will permit authorized officials for the City of Denton to review its books at any time- It It will reduce a coo wnthelCOmm pity D velopm nt tOfficeaOf policies and file py with whe n along with any amendments, aut Finance o ors revisians horized never adopted additionsr , 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 Agencyfs fiscal year. G, It will promptly pay all bills when submitted unless there is i a discrepancy in a bill; any errors or discrepancies in bi Financellsorshall be promptly reported to the Executive Director of his authorized representative for further direction. H. It will appoint for of Finance and other City officials meet with the Executive Dire when requested. j 1 1. It will indemnify and hold harmless the City from any and its i claims and suits arising out of the activities of the Agency, employees, and/or contractors and save Xanedghold the cityieharless from all liability, including costa, expenses for or on account of, any claims, audit exceptions, suits, or y damages of any character whatsoever resulting in whole inapart or representative the performance or omission of any act of any emptoYee e Agency. esenta epr five of th J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMBZISiFi 1 The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1991 through September 30, 1992. IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinatori PAGE 2 r t i i j On or after January 1, 1992 $3,500 On or after April 1, 1992 $3,500 I i On or after July 1, 1992 $3,500 September 30, 1992 $3,500 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 Fourteen Thousand and No/ 100 Dollars ($14,000.00) for all of the services rendered. 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. s V. M/ LA UATTON 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. Agency shall submit a copy of an annual independent audit to City within ten (10) days of receipt. S. All external or internal evaluation reports. 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. i D. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include income and expenses for the preceding quarter. 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 PAGE 3 yl 1 "VAR i E representatives shall be afforded access to all Board of Director's meetings. Minutes of all meetings of the Agencyfs governing body shall be available to the city within ten (10) working days of approval. VII. SUSPENSION OR TE 4INATION } 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. B. Agencyfs failure to comply with the terms and conditions of this agreement. 0. Agency's submission of data and/or reports that are incorrect 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 property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency. E, if for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the city shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and I specify a reasonable data for compliance. 1 3 In case of termination, the Agency will remit to the city any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. i 1 VIII, EQUAL OPPOF.T ITY A. Agency will submit for city approval., a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective { date of this Contract. i i B. Agency shall comply with all applicable equal employment r opportunity and affirmative action laws or regulations. Ci Agency will furnish all information and reports requested by the Cty, and will permit access to its books, records, and PASSE 4 5 1 V accounts for purposes investigation tot ascertain compliance with local, state and Federal Agency's non-compliance with the and regulons, D. In the event of the Contract may be cancelled, non-discrimination requirements, the and the Agency may be part, termin t or barredaProm furthorecotractshwitho the nCity. IX. ~;rm OF INTEREST A. The Agency covenants that neither it nor any member of its eotf any interest, direct oe indir erformance iof governing body presently has t would conflict in any m erformed under this contract. The Agency services required to be p of this Contract, no person further covenants that in the performance appointed as a member of having such interest shall be employed or l its governing body. further covenants that no member shall possess nany B. The Agency subcontractors or employe body or its staff, gain or giveselfe interest in or use his position for a purpose that appearance of being motivated by desire for private ) or others; particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the City and no member of ties its governing body who exercises thee untie takingoo'ro carrying iouit iof this the review or approval of of decision relating to t s Contract shall (1) participate in any Contract which affects his personal interest or the interest in any partnership, or association i interest, di a at er sd direct in this corporation, or (2) have any conontrast interest; or st; the proceeds thereof. ; this contract X. NEPOT L3M paid capacity any person who is a Agency shall not employ in any or any person who is currently imme employed of of by the Agency, orais of member of Agency's governing board. The term member of immediate family" includes: wife, husband, son, sister, in-laws, aunt, uncle, daughter, mother, father, brother, nephew, niece, step-parent, step-child, half-brother and half-sister. ' IN WITNESS WHEREOF, the parties do hereby affix their signatures an da of into this Agreement as of the y ` and enter ; 1991. PAGE 5 t 1 l t 1 1 i CITY OF DENTON, TEXAS F' BOB CASTLEBERRY, MAYOR i ATTESTC ' JENNIFER WALTERSt CITY SECRETARY : 1 BY: ± APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHe CITY ATTORNEY BY: j k)ENTON CITY-COUNTY DAY, NURSERY IYIRECTOR ATTEST: f I~ CRETARY euooos~ t` i PAGE 6 T , DATA:: 11/06/91 CiT_y CUUNC T[ 1tuMFU_ ORMA'P i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager ii R SUDJ: Approval of ordinances authorizing the city Manager to sign contracts for expenditure of CD©0 program funds. Contracts are for services provided by C'ommunaty Clinics for Denton County, HOPE Inc., and TWU Cared Clinic. $1rCQ_MMENDAM N: N/A DAV ; May 21, 1991 City Council approved the 1991 Final Statement of Objectives and Projected Use of Vunds for the Community Development Block Grant Program, The Final Statement specified the use of $24,600 by the Prenatal Clinic of Denton County to provide prenatal care to indigent women, $24,960 by HOPE,lnc. to assist homeless families and $26,000 by TWU Caren to provide health care to indigent persons. SUA!lBY : Contracts state that approved expenditures for the above listed programs will be reimbursed for the period October 1, 1991 through September 30, 1992. (iR M ,__llE A fMi Nis AM GINka AFj_r 'CT ' .t The Community Development staff will. administer each contract and compliance by subrouipie3nts with all per tinont federal. rogul.ala_ons. There will. be no impact on the (leneral Fund. All expenditures under contracts and all City staff activities are paid from grant, funds. i Resp fully FHAO.itted., ~1oyd HarCity Manager jabs RYV7P i i Report Format page 2 i j ~ i Prepared bY: 13aaru Reea community Development Coordinator i r i Approved: Frank Robbi AXCP Rxeautiva Diraotor for Planning & Development r ,I j corfed9l oon f - h I ~ I F t j I VCR rr Rxr",y } f etwpdocs\cand In.o 1 ORDINANCE NO. a AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COMMUNITY CLINICS FOR DENTON COUNTY) AUTHORISING THE MAYOR TO + EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the city council has determined that it is in the best interest of the citizens of the City to provide public funds to community Clinics for Denton County, in consideration of the 3 valuable public services to be furnished by said organization to the City of Denton in accordance with the "Agreement" &ttached j , , T{EREFORE r I hereto l NUW THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSS SECTION I. That the city council hereby approves the "Agreement" attached hereto, between the city of Denton and Community Clinics for Denton County, and authorizes the Mayor to' execute said agreement, gjgjION IY. That the City council authorizes the expenditures 'of funds in the manner and amount specified in the Agreement. j SECT10H III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 19910 i BOB CASTLEBERRY,' MAYOR L { 3 ATTEST! JENNIFER WALTERS, CITY SECRETARY 1 i BYs APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY hTTORNEY i 4 '1a. 1 WtFa{ltX, $•CiAfte xt' t t E' 1 f S AGREEMENT BETWEEN THE CITY OF DENTON AND COMMUNITY CLINICS FOR DENTON COUNTY This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and community Clinics for Denton County, hereinafter referred I to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban development under Title I of the f Housing and Community Development Act of 1974, as amended, and; a WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for the Denton County Prenatal Clinic, ands WHEREAS, CITY has designated the Department of Community Development and Planning as the division responsible for the administration of this contract and all matters pertaining thereto, ands ,t WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution { hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described I. {I TERM This Contract and agreement shall commence on or as of October if 1991, and shall terminate on September 30, 1992, unless extended by mutual agreement. TI. REHPONSXBILITIEd CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible for the management of i all contractual matters pertaining hereto, unless written notifica- tion to the contrary is received from CONTRACTOR, and approved by CITY. The Community Development Coordinator, will be CITY's represen- tative responsible for the administration of this contract. h:M'4~?Ya 1 ' xxx. CITY18 OBLIGATION A. Limit of Liability. CITY will reimburse CON'T'RACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the i sum of $24,950.00. I ~ B. Measure of Liability, in consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit 8, subject to the limitations and provisions set forth in this Section and Section V11 of this contract. , 1 The arties expressly understand and agree that CITY's obligations under thiSection are contingent upon the actual 1 receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this contract. if j adequate funds are not available to make payments under this Contract, CITY shall notify CONTRACTOR in writing within a j reasonable time after such fact has been determined. CITY May, 1 at its option, either reduce the amount of its liability, as r specified in subsection A of this section or terminate the Contract. If COW funds eligible for use for purposes of this Contract are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Contract. (2) 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. (3) CITY shall not be liable for any cost or portion thereof whichi (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other sources b) was incurred prior to the beginning date, or after the ending date specified in section 1) (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto) (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRAC- TOR, or termination of the Contract, whichever date is earlier] PAGE 2 ~M• e..IHIXpN , (e) is not an allowable cost as defined by Section xi of this Contract or the project budget. (4) CITY shall not be liable for any Coat or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. I ! (5) CITY shall not be obligated or liable under this Contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. j f , Iv. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS I ' A. CONTRACTOR understands that funds provided to it pursuant to this contract are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly CONTRACTOR assures and with the re uirements of the Housing certifies that it will comply j and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete oompila-• tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Contract. CONTRACTOR agrees to abide by the conditions of and comply with ` the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-•122. B, CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V, REPRESENTATIONS A, CONTRACTOR assures and guarantees that it possesses the ; legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. i PAGE 3 19} 1. , UAW)" i B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Contract if CITY has suspended or terminated this Contract for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this contract will in no way be I, substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided though, CONTRACTOR had this Contract net been executed, { VI. PERFORMANCE BY OONTRArTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit aj attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performince of the program, as determined solely by CITY and in accordtnoe with all other terms, provisions and requirements of this Contract. No modifications or alterations may be made in the WORK STATEMENT without the prior written approval of the Cityfs Community Development Coordinator. 9'TI. I PAYMENTS TO CONTRACTOR A. Payments to Contraotor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling $24,950 for services rendered under this contract. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received suppurting documentation. CITY shall not pay in any three month period more than twenty-five (25%) percent of the maximum amount specified above. PAGE 4 b:NU'axsr, i b.lL+:hy I I y I Funds are to be used for the sole purpose of paying the salary and benefits for a nurse-midwife as shown in the Budget, Exhibit B. B. Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines; ' (1) has resulted in overpayment to CONTRACTOR: or, I I ' (2) has not been spent strictly in accordance t71th the terms of this Contracts or i' (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs, Upon termination of the contract, should any expense or charge for which payment has been made be subse- quently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of. Housing and Urban Develop- ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any fi other funds received from or through CITY. f D. Deobligation of Funds. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit. A, CITY hereby ' reserves the right to reappropriate or recapture any such under- expended funds. B. contract close out. CONTRACTOR shall submit the Contract I close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of fucids under this Contr.ac:, within fifteen (15) working days following the close of the contract period,, CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. i € At the termination of the Contract, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following formats (1) A cashier's check for the net aggregate a:iount payable to the City of Dentont (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. PAGE 5 Y I VIII. WARRANTIES CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. p B. Any supporting financial statements heretofore requested by 31 c CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since saP date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or proceedings are presently pending or i threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRAC- TOR. E. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all neoeusary action to authorize such acceptance under the terms and conditions of this Contract. F. Nune of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of E each reduejAt for payment. I1 IX. COVENANTS A. During the period of time that payment may be made here- under and so long as any payments remain unliquid,.~ted, CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or his authorind representa- tive: PACE 6 T_ f. DYtA41'Y rt.I i (1) Mortgage, pledge, or otherwise encumber or suffer to be I encumbered, any of the assets of CONTRACTOR now owned or here- after acquired by it, or permit any pre-existing mortgages, j liens, or other encumbrances to remain on, or attached to, any I assets of CONTRACTOR which are allocated to the performance of this Contract and with respect to which CITY has ownership hereunder. f (2) Sall, assign, pledge, transfer or otherwise dispose of ; accounts receivables, notes or claims for money due or to become due. I, (3) Sell, convey, or lease all or substantial part of its • assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation eisdorser. B. Should CONTRACTOR use funds received under this Contract to acqu!re or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the national objectives in 424 CFR 570 until August 310 1996. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 1996, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less tiny portion of the value attributable to expendi- tures of non-CL'BG funds for acquisition of, or improvement to, the property. ALLOWADL9 COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this contract and in conformance with the standards and provisions { of Exhibits A and B. i B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein, CITY's prior written authorization is required in order for the following to be considered allowable casts: (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for personnel costs as specified in Exhibit B. PAGE 7 pAtit7.Y' ,4r1 t AUdis{116 c 4,ntBt I i (2) CITY shall not be obligated to any third parties, I including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted, ! r (5) Any alterations, deletions or additions to the Person- ; nel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Contract must be conducted in Its entirety in accordance with the provisions of this Contract. XI. PROGRAM INCOME A. For purposes of this Contract, program income means earnings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTORts management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract-supported services of individuals - or employees or from the use of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this Contract. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other Contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received from JIUU representatives, that any fees collected for services performed by CONTRACTOR shall be spent only for operating expenses. PAGE 8 T { YSfi15kR t .N2 GJY F aSVrIF;Y51 i I t C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. D. It is CONTRACTOR's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for t the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. SII. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status j of the funds received under this contract, in compliance with the ! provisions of Exhibit B, attached hereto, and with any other I . applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and h liability under any other provision of this contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, LJ reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and and benefit of current records which clearly reflect the level services provided under this Contract. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. PAGE 9 T._ T .T ~1GSISK I r }ld~nj]} 1 X I I I• 4 REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR f shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this 1 Contract. CONTRACTOR shall submit regular performance reports to CITY no 4 less than once each three months, with the first report due on or before December 1, 1991. The performance report shall detail client information, including race, income and other such statis- tics required by CITY. CONTRACTOR agreed to gather information and 1 data relative to all programmatic and financial reporting as of the beginning date specified in section It and furnish to CITY quarterly a report of all income received and funds expended. The first such report is due on December 1, 1991. If the contract is for funding of $23,000 or more, the CONTRAC- TOR agrees to submit an audit conducted by independent examiners within 10 days after receipt of such. XIV. MONITORING AND EVALUATION ~ A. CITY shall perform on-site monitoring of CONTRACTOR's 1 performance under this Contract. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit At as well as other provisions of this contract, C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. j D. CONTRACTOR agrees to cooperate in such a way so as not to k obstruct or delay CITY in such monitoring and to designate one of its staff to coordl,nate the monitoring process as requested by CITY staff. After ah official report of imonitvisit, CITY oring findings. provide CONTRACTOR with a written F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRA TOR' s fuof receipt nding o bregulatory bodies to CITY within five (5) working TOR. PAGE 10 1 Wd" t. Y i Y XV. DIRECTORS' MEETINGS During the term of this Contract, CONTRACTOR shall cause to be delivered to 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 CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. i XVI. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this contract. i B. The premises on and in which the activities described in Exhibit A are conducted, and the employees -onducting these Q activities, shall be covered by premise 1£ab.iity insurance, j' commonly referred to as "owner/Tenant" coverage with CITY named as i an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- I ments. i C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable, D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or oporated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in 1 the normal scope and course of their employment must possess a valid Texas drivers' license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOA's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR. PAGE 11 rr- T I- v L t k ti XVII. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Action i Federal provisions, within thirty (30) days of the effective date i of this contract. B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations, t" r C. CONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain j,. compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, the Contract may be canceled, terminated, or suspended in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. XVIII. PERSONNEL POLICIES j ~ Personnel policies shall be established by CONTRACTOR and shall be available for, examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travelt and f B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XIX. CONFLICT OF INTEREST I A. CONTRACTOR covenants that neither it nor any member of its i governing body presently has any interest, direct or indirect, I which would conflict in any manner or degree with the performance of services required to be performed under this contract. CONTRAC- TOR 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. CONTRACTOR 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 PAGE 12 M1r 1'ti.fe ilk r Yj~SPiPY~y ! ,fjtY{g9J~j I 1 J I i gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the i Contract which affects his personal interest or the interest in any i corporation, partnership, or association in which he has direct or 1 indirect interest; or (2) have any interest, direct or indirect, in r this contract or the proceeda thereof, YX. NEPOTISM i CONTRACTOR shall not employ in any paid capacity any, person who ! is a member of the immediate family of any person who is currently ~ employed of CONTRACTOR's or is a member governing , b Y o TRACroR C N board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XXI. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, r and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election { or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity! XXII. PUBLICITY A. Where such action is appropriate, as determined by and upon written approval of CITY, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Contract. In any news xelease, sign, brochure, or other advertising medium, disseminating informa- tion prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development fund- ing through the city of Denton having made the project possible! PAGE 13 S V, T\f•_Ly%IJ~ IT:AX).Yd 1 B. All. published material and written reports submitted under this project must be orilinallyfleveloped material unless otherwise specifically provided in this Contract. When mate,--.'al not origi- nally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page; This document is prepared in accordance with the city of Denton's community Development Block Grant Program, with y" funding received from the United states Department of Housing and Urban Development. r C. All reports, documents, studies, charts, schedules, or 1 other appended documentation to any proposal, content of basic proposal, or Contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR, shall become the property of CITY upon receipt. XXIII. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance ) with the following procedures; A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program descrip- tion, and contract. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXIV. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Contract shall be by written amendment executed by both PAGE 14 f Tr_ t w;a.n. i 5 d { I j parties, except when the terms of this Contract expressly provide that another method shall be used. 1. B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY, CONTRACTOR shall request, in r writing, the budget revision in a form prescribed by CITY, and such j request for revision shall not increase the total monetary obligation of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract. C. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed b the by parties hereto that ~ changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modifications are to be automatically incorporated into this 1 Contract without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Contract, request changes in Exhibit A which may include an increase or decrease in the amount of C0NTRr1CT0R's compensation. j Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section, F, Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY in writing of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change, H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. f I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transferof funds between or among said programs will be permitted, XXV. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR'S failure to timely and properly perform each of the requirements, time conditions and PAGE 15 i t l Yai'fn1w^ r r~~ i 3 it May duties provided herein, CITY, without limiting any riq ots working otherwise havo, may, at its discretion, and upon ten ( )meats to days written notice to CONTRACTOR, be given by withhold mail futorther pay the Executive CONTRACTOR. Such notice may Off iicer and notice set forth the default or failure alleged, required for cure. i The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall 1 it exceed thirty (30) calendar days, At the end of the suspension period, if CIT'.f determines the default or deficiency has been nce satisfied, ibleCfurds withheld tor impounded duringathe suspension ' f paid. all eligig period. ff, however, CITY determines that CONTRACTOR h.aF not come F into compliance, the provisions of SECTION XXVI may be Affectuatv,,.. XXVI. TERMINATION , y A. CITY may terminate this Contract with cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance duri.lg any j prescribed period of suspension as provided in Section XXV, 1 (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance l )exhas ceeding allocated inventory substan- tially (c) is delinquent in payment of taxes, or of coats of performance of this Contract in the ordinary course of i business. of a trx~stee, receiver or liquidator Appointment t of for all oN substantial part eorganization ,rear a ongemerten or institutic.i of bankruptcy, against CONTRACTOR. or liquidation proceedings by or (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations as PAGE 16 T-1 _ i i EM<-0':d is t tl I Con- provided in Section IV, and section XXIV (D), of this Con- tract. (7) The commission of an act of bankruptcy. j' (S) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms l of the contract. 4 1 CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other ; funding sources specified in Exhibit B. 8. CITY may terminate this Contract for convenience at any time. If this contract is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. in no event will this compensation exceed an amount which bears the sane ratio to the total compensation as the services actually ' performed bears to the total services of CONTRACTOR covered by the f Contract, less payments previously made. j ! 1i ' C. CONTRACTOR may terminate this contract in whole or in part' by written notice to CITY, if a termination of outside funding i occurs upon which CONTRACTOR depends for performance hereunder. ! CONTRACTOR may opt, within the limitations of this contract, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not f occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Contract. D. Capon receipt of notiuu co terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or j ` subcontracts which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors ! for any expenses, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by C,TY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any j breach of the Contract by CONTRACTOR, and CITY may Withhold any E reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined, RAGE 17 I 1 r f6(9~; 7 i , i I 1 XXVYI. NOTIFICATION OF ACTION BROUGHT in the event that any claim, demand, suit or other action is made or brought by any person (s) , firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such 4 claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or ; other action; the names and addresses of the person(s), firm, i corporation or other entity ma}sing such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceedings and the name of any ; f person(s) against whom such claim is being made or threatened. Such E` written notice shall be delivered either personally or by mail. XXVIII. MISCELLANEOUS j A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. , H. If any provision of this contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. Ii XXYX. INDEMNIFIOATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and bald CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account ~ of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or, representative of CONTRACTOR. f B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expense-Y, and liability arising out of the use of these contracted funds and program } administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or t contractors. PAGE 1$ i . T t t Sf'VAY'v . oWtNAYi I I C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any j . manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this { provision. D. This Contract, togother with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Contract, whether j ' written or oral, shall have no force or effect whatsoever; nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless 1 properly executed in writing, and if appropriate, recorded as an j amendment of this Contract, E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. i I F. For purposes of this Contract, all official communica- tions and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below: E TO CITYi TO CONTRACTORS City Manager Tom Krause, Executive Director City of Denton Community Clinics for Denton 215 E. McKinney St. County Denton, Texas 76201 121 Piner Denton, Texas 76201 i PAGE 19 qtr' H2lVN3// R4~S1erz+ryJ r L : 1 . f IN WITNESS OF WHICH this Agreement has been executed on this the day of 1991, CITY OF DENTON i BY: _ k LLOYD V. HARR t 3 ATTESTS JENNIFER WALTERS, CITY SECRETARY !Y BY: APPROVED AS TO LEGAL FORM? DIEBRA A. DRAYOVITCH, CITY ATTORNEY I ~ 1. { BY: f COMMUNITY CLINICS FOR DENTON COUNTY r .~~vA THOMAS W. KRAUS EXECUTIVE OTAECTOR i ATTEST: BOARD SVCR ARY E I ,s PAGE 20 k1 15 U41Sa}2d t FiSS3~1i ~I I , f EXHIBIT $@Au PRENATAL CLINIC FOR DENTON COUNTY A. Description of services to be performed: CONTRACTOR will perform services described below in conformance with the attached schedule and budget: CONTRACTOR will operate a prenatal program at the Prenatal } Clinic for Denton County according to sxisting legal and medical regulations. CONTRACTOR will pro,iide services to patients on weekdays for a period to include, at a minimum, the hours from 9:00 a.m. to noon and from 1500 p.m. to 4:00 p.m. except on holidays or when patients cannot be seen due to special circumstances. Services are provided by appointment only, during or after normal office hours, or in scheduled' classes. The clinic will be open to patients at other times as { . needs dictate. Patients who require services the clinic cannot provide will be referred to other qualified medical care providers. j CONTRACTOR will employ a second Certified Nurse Midwife (CNM) on a full time basis who will be subject to the benefits, working hours, and other rules of the community Clinics for Denton County. This CNM will be hired and will be employed as f of September 11 1991, This person will be appropriately eredentialed, This employee shall provide prenatal care to patients. } i CONTRACTOR will maintain a waiting list for those individuals who apply for care at the clinic. As all prenatal care is provided by appointment only, the clinic will not provide "drop ? in service" although the specific circumstances of each patient will be taken into consideration when scheduling. To be eligible for care, the patient roust demonstrate that she is I eligible for Medicaid, WIC, or are otherwise unable to acquire ? adequate prenatal care through other means. i i i PAGE 21 R1 f EXHIBIT uBn r . PRENATAL CLINIC FOR DENTON COUNTY f i PUDGET FOR COMMUNITY DEVELOPMENT BLOCK GRANT i A. Funding of a portion of a salary for a Certified Nurse Midwife: For the period of September 1, 1991 to August 31, 1992, the amount of $24,950 shall be used to pay a portion of the Leo f annual salary of a Certified Nurse Midwife. The estimated :'l,GGo annual total salary at the time of submission was $"joee-, 2 not including taxes or benefits. $2,097.17 per month of this money is expended toward payment of this salary. ' B. The remainder of funding for this position will come from existing grant funding and from program generated revenues as I determined by the clinic. ~ i s i f f f 3 PAGE 22 pa. I 9 , ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON HOUSING AUTHORITY TO PROVIDE FUNDING TO TWU CARES, A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; ; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. y WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to the Denton Housing Authority, in consideration of the valuable public services to be furnished by the Denton Housing Authority to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 4RL•TION I. That the City Council hereby approves the Agreement ' attached hereto, between the City of Denton and Denton Housing Authority to provide funding to TWU Carea, a primary health care clinic, and authorizes the Mayor to execute said Agreement. j SECTION II. That the city council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. 59CME-ML That this ordinance shall become effective } immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. 1 ? BOB CASTLEBERRY, MAYOR i ATTEST2 JENNIFER WALTERS, CITY SECRETARY t I BY: APPROVED AS TO LEGAL FORM: DEBRt A. DRAYOVITCH, CITY ATTORNEY (V. i BY: Z - I AAA00066 7 M..6`12{Vd t i L i j AGREEMENT BETWEEN THE CITY OY DENTON AND DENTON HOUSING AUTHORITY This Contract is made and entered into by and between the city of Denton, a Texas municipal corporation, acting by and through its . City Manager; pursuant to ordinance, hereinafter referred to as CITY, and Denton Housing Authority, hereinafter referred to as CONTRACTOR, WHEREAS, CITY has received certain funds from the U. S. + Department of Housing and Urban development +xnder Title I of the i Housing and Community Development Act of 1974, as amended, ands f WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for Denton Housing Authority, a uni,,ersity sponsored health clinic, andj WHEREAS, CITY has designated the Department of Community Development and Planning as the division responsible for the administration of this contract and all matters pertaining thereto, + and! WHEREAS, CITY wishes to engage CONTRACTOR to carry out such, f projects NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. r 1. i TERM f This Contract and agreement shall commence on or as of ! October 1, 1991, and shall terminate on September 30, 1992, unless extended by mutual agreement, II. RE8PON8IHILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR's executive officer to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notifica- tion to the contrary is received from CONTRACTOR, and approved by CITY. The Community Development Coordinator, will be CITY's represen- tative responsible for the administration of this contract. s b YA,. i 1 N t+YAY!a! F zzl. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $24,950.00. B Measure of Liability. In consideration of full and satisfactory services and activ W es hereunder by CONTRACTOR, CITY } shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VIC of this Contract. f ' (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) a ' funds to meet CITY's liabilities under this contract. if f adequate funds are not available to make payments under this Contract, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in subsection A of this Section or terminate the Contract. If CDBG funds eligible for use for purposes of this Contract are reduced, CITY shall not be liable for further ; payments due to CONTRACTOR under this Contract. (2) 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. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; b) was incurred prior to the beginning date, or after the ending date specified in Section Is E (c) is not in strict accordance with the terms { of this Contract, including all exhibits attached hera•t,o I r (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRAC- TOR, or termination of the Contract, whichever date is earlier; PAGE 2 j j '~'RitTt4:Y'mg 1 tQ`U47f) - ON4 r" (e) is not an allowable cost as defined by section XI of this contract or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Contract to any par-%:y other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAYS A. CONTRACTOR understands that funds provided to it pursuant to this Contract are fends which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under tho Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Appli ssurescation and specific assurances. Accordingly, CONTRACTOR and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P. L. 93-383) as amended and r with regulations promulgated thereunder, and codified at 24 CFR. ' . The foregoing is in no way meant to constitute a complete compile- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. LJ ' I CONTRACTOR further assures and certifies that if the regula- s tions and issuances promulgated pursuant to the Act are amended or % revised, it shall comply with them, or notify CITY, as provided in section XXIV of this Contract. CONTRACTOR agrees to abide by the conditions of and comply with Office of Management and Budget Circulars the requirements of the Nos. A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the state of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees thtit possesses the and official legal authority, pursuant to any proper, appropriate mction, resolution or action passed or taken, to enter into this Contract. PAGE 3 B, The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all termer performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRAC- TOR is liable to CITY for any money it has received from CITY for 1 performance of the provisions of this contract if C.T.TY has suspended or terminated this Contract for the reasons enumerated in this Section. D. CONTRACTOR agrees thzt the funds and resources provided CONTRACTOR under the terms if this Contract will in no way be subeti.tuted for funds and rebources from other sources, nor in any way serve to reduce the resources, services, or other benefits ' which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. i VI. pERYORMANCE BY CONTRACTOR ; CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes n deem 1by and oth parties to be necessary and sufficient payment for CITY and in performance of the program, as determined solely by accordance with all other terms, provisions and requirements of this Contract. No modifications or alterations may be m dofitheheLiORK ~yls STATEMENT without the prior written approval Community Development Coordinator. VIS. PAYMENT9 TO ~!UWTRACTAR A. payments to Contractor. Tho CITY shall pay to the CONTRACTOR a maximum amount of money totaling $25,000 for so i es rendered under this Contract. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days pay in any not a ter CITY has received supporting documentation. CTY shall three month period more than twenty-five (25%) percent of the maximum amount specified above. PAGE 4 Ii i i P t T'-•t?fi3 i ' ' J..$piCk}Q I ~ Funds are to be used for the sole purpose of paying the salary and benefits for a nurse-midwife as shown in the Budget, Exhibit B. Y H. excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRACTORi or, (2) has not been spent strictly in accordance with the terms of this Contract; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disailored costs. Upon termination of the contract, should any expense or charge for which payment hag been made be subse- quently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Develop- ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY withi.i (113) working disallowed. written notice to the amount days CONTRACTOR, which specifies s E Refunds of dicallowed costs may not be made from these or any other funds received from or through CITY. D. Deobligatiou of runds. In the event that actual expendi- ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. 8. Contrast clove Out. CONTRACTOR shall submit the Contract close out package to CITY, together with a final expenditure report, for the time period covcrxed by the last invoice requesting this contract, within fifteen (15) funds under reimbursement of working days following the close of the contract period. CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR. At the termination of the Contract, all unclaimed (30 days or older) salPries or wages must be returned to CITY in the following format: (1) A cashier's check for the net aggregate amount payable to the City of Denton; (2) A listing showing the social Security numbsr, full name, last known complete address and the amount owed to each person involved. PAGE 5 t `M♦` . ts2s~cpi f t 1 `II 1 1 VIII. WARRANTIES r CONTRACTOR represents and warrants than I A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate ` as that date, have not undergone any significant change without ~ ' s written notice to CITY. 8. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly t reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or proceedings are presently pending or threatened against CONTRACTOR. D, None of the provisions herein contravenes or is in conflict business or wit R is with the authority and which C NTRACTre or agr ement of CONTRACh t' the provisions of any ex TOR, s 9. CONTRACTOR has the power to enter into, this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract, f F, None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be cont.inu- ing and shall be deemed to have been repeated by the submission of i each request for payment. Ix. i COVENANTS A. During the period of time that payment may be made here- under and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Executive { Director of Planning and Development or his authorized represente- tivet PAGE 6 : ~ s I (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or here- after acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of ' this Contract and with respect to which CITY has ownership hereunder. ' (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. i (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. B. should CONTRACTOR use funds received under this Contract to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the ` national objectives in 624 CFR 670 until August 31, 1996. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 1996, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property lest any portion of the value attributable to expendi- tures of non-CABG funds for acquisition of, or Improvement to, the property. X. ALLOWADLZ COST8 A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in. compliance with this Contract and in conformance with the standards and provisions of Exhibits A and B. i B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization in required in order for the following to be considered allowable oostss (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for personnel costs as specified in Exhibit B. PAGE 7 E x ~ €3 4VLS?G~ 4 (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending i ► beyond the expiration of this Contract. (3) Out of town travel, i (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. j (5) Any alterations, deletions or additions to the Person- nel schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. 5 (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsi- bility and shall be wade within sufficient time to permit a r ? thorough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Contract must be conducted in its entirety in accordance with the provisions of this Contract. t SI. PROGRAM INCOM!! } A. For purposes of this Contract, program income means earnings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTOR's management of funding provided or received hereunder. such earnings include, but are not limited to, i income from interest, usage or rental or lease fees, income produced from contract-supported services of individuals or employees or from the use of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this j contract. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for f other Contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received { from HUD representatives, that any fees collected for services performed by CONTRACTOR shall be spent only for operating expenses. PAGE 0 t . Litt J 4 4 C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. ; D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. lIII. NAINTENANON OF RECORDA A. CONTRACTOR agrees to maintain records that will provide accurate, separate, and complete disclosure of the status cur rent, of the funds received under this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall 1 be construed to relieve CONTRACTOR of fiscal accountability and I liability under any other provision of this Contract or any applicable law. CONTRACTOR shall include the substance of this s, provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility Por retaining accurate and current records which clearly refleu, the level and benefit of services provided under this Contract. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, al] of its records and shall permit CITY HUD, or any of their authorized representatives to a audit, examine, make excerpts and copies of much records, and to alse payrolls, conduct audits of all contracts, class, materi records of personnel, conditions or employment and all other data requested by said representatives. I 4 i PAGE 9 i 1 yA, f/,. YAVT:xry 9i Y XIII. REPORTS AND INVORKATION At such times and in such form as CITY may require, CONTRACTOR shall furnish suc and t de me pertinent dto matte s da vered abyo this CITY may quest Contract. ' h CONTRACTOR shall submit regular performance reports to CITY no less than once each three months, rif thh the first repurt shall edon o r performance income before December 1, 1991. The and ot is- and client info b i CITY, includin CONTRACTOR agrees to gatherhinformatioer such tics require by TY 3 data relative Ito all date specified m in iSection 11oiandTefurni~sh atoofCIthe beginning ning quarterly a report of all income received and funds expended. The first such report is due on December 1, 1991. If the contract is for funding of $25,000 or more, the CONTRAC- TOR agrees to submit an audit conducted by independent examiners j within 10 days after receipt of such. XXV. MONITORING AND EVALUATION I A. CITY shall perform on-site monitoring of CONTRACTOR's 7 perf~i mance under this contract. t H, CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work ich are attache Statement, and Program wells asand yotherjprovisionshof this Contract. hereto as Exhibit , C. CONTRACTOR agrees to cooperate fully with CITY in the ; ance development, implementation data detorminednbynCITY tofbernecausarypffor systems and to provide CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring ont ~deesign d by a of its staff to Coordinate the monitoring process staff. CITY s R, ORtWithaahwrittenarepot of imonito ing findingall provide CONTRACT ; F. CONTRACTOR shall submit copies of any fisca or management, or audit reports by any of CONTRACTORs funding regulatory bodies to CITY within five (5) working days of receipt by CONTRAC- TOR. PAGE 10 E j j I!4 c+h 6 V DIRECTORS' MEETIN08 During the term of this Contract, CONTRACTOR shall cause to be delivered to CITY copies of all noticed of meetings of its Board of ` Directors, setting forth the time and place thereof. such notice shall be delivered to CITY in a timely manner to give, adequatA j notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agreem that CITY representatives shall be afforded access to all of the Beard of Directors' meetings. i Minutes of all meetings of CONTRACTOR's governing body shall be # available to CITY within ten (10) working days of approval. I XVI. INSUR%NCE { A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provido adequate coverage for services offered under this Contract. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these C activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured, Upon request of CONTRACTOR, CITY may, at S its sole discretion, approve alternate insurance coverages arrange- ments. i C. CONTRACTOR will comply with applicable workers''compenea- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable, D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR, All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas drivers' license and automobile liability insurance, Evidence of the employee's current possession of a valid lioense i and insurance must be maintained on a current basis in CONTRACTOR's i files. 9. Actual losses not covered by insurance as required b this Section are not allowable costs under this Contract, and remain the sole responsibility of CONTRACTOR, PAGE 11 i t , • '.qtr. r 1 XVIT. EQUAL OPPORTUNITY j A. CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Emp130 eof the}effeotivecdate Federal provisions within thirty (30) days o of this contract. B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. F C. CONTRACTOR will furnish all information 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 CONTRACTOR's non-compliance with the non-.discrimination requirements, the Contract may be canceled, terminated, or suspended in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. i XViTI. PERSONNEL POLICIES t Personnel policies shall be established by CONTRACTOR and shall be available for examination. such personnel poliaias shallt' A. Be no more liberal than CIT a personnel respect es, procedures, and practices, including policies s employment, salary and wage ratas, working hours and holidays, fringe benefitsr vacation and siok leave privileges, and travelt and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XIX. CONFLICT Or INTEREd'k A. CONTRACTOR 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 degrets with the performance of services required to be performed under this Contract. CONTRACw TOR further covenants that in the peyformanne of this Contract, nn person having ouch interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its Ejtaff, subcontractors or employees shall possessany interest motivated by piirpose that is or for private or gives ppearanae of be PADS 12 F ( t . i gain for himself, or others, particularly those with which he has family, business, or other ties. c. No officer, member, or employee of CITY and no member of its governiraq body who exercises any function or responsibilities 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 interests or (2) have any interest, direct or indirect, in this contract or the proceeds thereof. XX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includess wife, husband, son, daughter, mother, father, brother, sister, in-laws, ,t aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. Me POLITICAL OR SECTA1m ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall i be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any aotivity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity, XXXI. PUBLXCXTY A. Where such action is appropriate, as determined by and upon written approval of CITY, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Contract. In any news release, sign, brochure, or other advertising medium, disseminating informa- tion prepared or distributed by or for CONTP ACTOR, mention shall be made of the U.9. Department of Housing and Urban Development fund ; ing through the city of Denton having made the project possible. PAGE 13 1 a 4 I~ B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this contract. When material not origi- nally developed is included in a report, the report shall identify the source in the body of the report or by footnote, This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format. i All published material submitted under this project shall include the following reference on the front cover or title Paget i This document is prepared in accordance with the City of Denton Ia community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. i C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or Contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR, shall become the property of CITY upon receipt. I XXXXT. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is I` preparing or submitting any application for funding in accordance with the following procedurest A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and proposed use of funds. D. Upon award of or notice of award, whichever is sooner, I CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by { CONTRACTOR, together with copies of the budget, program descrip- tion, and contract. C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXXV. OW49B AND AML"NDMENT9 A. Any alterations, additions, or deletions to the terms of this contract shall be by written amendment executed by both PAGE 14 . 41 parties, except when the terms of this Contract expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in ' writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract. 0. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the state, Federal or local lawn or regulations pursuant ~ hereto may occur during the terra of thi Y Contract. Any such r dur in modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the contract on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Contract, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G, CONTRACTOR agrees to notify CITY in writing of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. ' XXV. BUSPBNSXON OF YUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and PAGE 15 provided in Section ZV, and section XXIV (D), of this Con- tract. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Contract. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe mad© to other funding sources specified in Exhibit B. B. CITY may terminate this Contract for convenience at any time. If this contract is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually e. performed bears to the total services of CONTRACTOR covered by the Contract, less payments previously made. C. CONTRACTOR may terminate this Contract in whole or in part f by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Contract, to seek an alternative funding source, with the approval of CITY, provided ton termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined t in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Contract. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. , cTORts creditors ~ CITY shall not he liable to CONTRACTOR or CONTRA for any expenses, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOP shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Contract by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. PAGE 17 q -IMF- f1 I r 1 I duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restorad to full compliance status and paid all eligible funds withheld or impounded during the suspension i' period. If, however, CITY determines that CONTRACTOR has not coma into compliance, the provisions of SECTION XXVI may be efteotuated, s XXVI. TERMINATION j A, CITY may terminate thin contract with pause for any of the following reasons: I F (1) CONTRACTOR's failure to attain compliance during any f~ j prescribed period of suspension as provided in Section XXV. j (2) CONTRACTOR's =tiolation of covenants, agreements or guarantees of this Contract, (3) Termination or reduction of funding by tho Unit,ad States Department of Housing and Urban Development, (4) Finding by CITY that CONTRACTOR: (a) is in such unsatio-Oactory financial condition as to f endanger performance and/ar this Contracts (b) has allocated inventory to thins Contract substan- tially exceeding reasonable requirements) (c) is delinquent in payment of taxes, or of costs of perfo:rmauce of this Contract in the ordinary nourse of business. (5) Appointment of a trust:je; receiver or liquidator for, all or substantial part of CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangemen,~ of or liquidation p.rooesdings by or against CONTRACTOR, z (6) CONTRACTOR's inability to oonform to changes required by Federal, state and local laws or regulations as , y PAGE; 16 i' jhl w►^- * -a 4 4f rfc i r. rY.,;461x::34 . 1 I i XXVII. NOTIFICATION OF ACTION HROUORT I action r; in the event that any claim, demand, suit ornother other entity { corporation made or brought by any person(s), firm, notice to against CONTRACTOR, CONTRACTOR s asia CITY within two (2) fterwbeingnnatifisdhofeosuch working :j claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suitor other action; the names and addresses of the person(s), or that institted corporation or other entity m or threatened to institute any making type uof nation or proaeedingiu*-he basis of such claim, action or prooeedingt and the name of any person(s) against whom such claim is being made or threatened. Such - written notice shall be delivered either personally or by mail. i XYVIII. lt2gCSLWNEOUe # - A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. t B. If any provision of this contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. 3 XXIX. INDEMNIFICATION A. it is expressly understood and agreed by both parties ; hereto that CITY is contracting with CONTRACTOR as an independent ; contractor and that as such, CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of S any nature or RAnd, including costs and expenses for, or osi account 1 of, any claims, audit exceptions, demands, suits or damages of any ; performance ortomission ofuanynemployee, agent or representative of CeONTRACTOR. B, CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability j arising out of the use of these contracted funds and program i administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or f contractors. PAGE 18 i 1 .MC'I;tiid'{~ O C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically praserved. i No representative or agent of CITY may waive the effect of this provision. D. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Contract, whether E written or oral, shall have no force or effect whatsoever; nor_ shall any agreement, assertion, statement, understanding, or other commitment occurring during the tarns of this Contract, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Contract. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governinq rules, codes, laws, ordinances or regulations, CITY as the party ultimately ~ responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Contract, all official communica- tions and notices among the parries shall be deemed made if sent postage paid to the parties and addreea set for below: TO CITYt TO CONT CTo i ` City Manager City of Denton 215 E. McKinney St. Denton, Texas 76201 I f I PAGE 19 t ,~..r. lA+daAH! 7. 1 ~ IN WITNESS OF WHICH this Agreement has been executed on this the day of 1991. ? 1 ' CITY OF DE,NTON 8Ys LLOYD V. HARRELL$ CITY MANAGER r, ATTESTS s JENNIFER WALTERSI CITY SECRETARY r BYi APPROVED AS TO LEGAL FORMi DEBRA A. DRAYOVITCHt CITY ATTORNEY g BY: DENTON- MOUSING AUTHOR*TTY 111 r l ; s 1Jd~=lG BY i g ATTESTS BOARD ONAMAN r twoarc k } PAGE 20 1 c 1 EXHIBIT "AP ti DENTON mousiNG AVTHORITV STATEMENT OF WORK r t Denton Housing Authority is a primary health care clinic loaat6d on the property of the Phoenix Apartments, a multi-Pauly housing project managed by the Denton Housing Authority, 7'hc clinic is a nurse-run facility staffed by registered nurses fr.ow Texas Womants University who are working on advanced dogrees in public. health nursing fields. r The purpose of the clinic is to provide high quality, accessible r' a income population of Denton which is very-low health care to th of -funds 4 ~ locked out of the conventional health care system by lack and the reluctance of the local medical establishment to accept' 3 Medicaid. ! Through a combination of on-site servicew and referrals to local medical professionals who have agreed to cooperate on a volunteer basis and to others who will accept referrals and accept, partial' or ~ ices the clinic has boon able to discounted payments for their ecru develop an effective system of delivery of essential modioal } f services witch includes preventive medicine and education, touting, treatment and on-qoing care. i j PAGE 21 4 4 1 I , i EXHIBIT 11B11 1 DENTON HOUSING AUTHORITY PROJECTED BUDGET COMMUNITY DEVELOPMENT BLOCK GRANT r 1 ~ 1 I DENTAL CLINIC BUDGETED AMOUNT - $10f000.00 a E c permanent Equipment 1100.r...r.1. $5,000.00 I supplies and non-volunteer 8ervi0es,'.$5,000.00 £ TOTAL $10.000.04 ~ i HEALTEI CARE CLINIC BUDGETED AMOUNT - $161040.00 1 $ 5,000.00 1 Permanent Equipment.................. Supplies, Referrals And safety Measures......, $10,000.00 TOTAL $16.000.00 P i j GRANT TOTAL ~ guanlies may include disposable items, prescription and non- prescription drugs and office supplies as well as compute- s supplies. 'I! 1 it a,l p.v Sunny may include rubber gloves, masks, sealed units for safe disposal of used needles, etc. 84fe~pls may include payments for nan-volunteer services by medical specialist, Pharmaoists, etc. e immanent Eauium may include a self-contained dental equipment unit, lab equip ant, equipment to enhance record keeping capabili- b es i m j ty, etc. i } I PAGE 22 1 a 4'A~ elf v~ 1 1 1 ORDINANCE NO. AN ORDINANCF APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. TO PROVIDE ASSISTANCE FOR THE HOMELESS; AUTHORIZING THE I MAYOR TO EXECUTE THE AGREEMENT] APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOP AN EFFECTIVE DATE. WHEREA80 the City Council has determined that it is in the bbst interest of the citizens of the City to provide public funds to HOPE, Inn., in consideration of the valuables public services to he j furnished by HOPE, Inc. to the city of Denton in accordance with the Agreement attached hereto) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINCt I SECTION I. That the City council hereby approves the Aajre+ement f attached hereto, between the City of Denton and HOPE, Inc. to provide assistance for the homeless, and authorizes the Mayo` to execute said Agreement. ECTYO II That the City Council authorizes the oxpenditure of funds in the manner and amount as specified in the Agre*%sent. SECTION III. That this ordinance shall become effective r immediately upon its passage and approval. ~ PASSED AND APPROVED this the day of 1991. j i. BOB CASTLEBXRRYO MAYOR i ATTESTS JENNIFER WALTERS, CITY SECRETARY I i 1 BYs,_ - E APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY E I 1 BY I L.~~LCL.Gf.C AAA00061t YM.MWhV.M++N.rri/V Vic. 1ck'~d:"~ 7 ~i AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its city Manager, pursuant to ordinance, hereinafter referred to as CITY, and HOPE, Inc., a not-for-profit Texas Corporation, hereinaf- ter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban development undssr Title I of the Housing and Community Development Act of 1974, as amended, and) WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for'assis- tance to the homeless families, and) i WHEREAS, CITY has designated the Department of Conununity Development and planning as the division responsible for the administration of this contract and all matters pertaining thereto, and) WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project) NOW, THEREFORE, `-he parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the pperformance and accomplishment of the conditions hereinafter desdribed. I. TERM This Contraot and agreement shall commence on or as of ' October 1, 1991, and shall terminate on September 30, 1992, unless { extonded by mutual agreement. } II. R29PONOIBILXTIZS i CONTRACTOR hereby accepts the responsibility for the perfor•, 7 mance of all services and activities, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herains CITY will consider CONTRACTORIS executive officer to be CONTRACTOROs representative responsible for the management of all contractual matters pertaining hereto, unless written notifica- f Lion to the contrary is received from CONTRACTOR, and approved by CITY, The Community Development Coordinator, will be CITYfs represen- tative responsible for the administration of this contract. T T- i SS$.y. i W..h AY~ i iy.. Rryrra. i I t III. CITY'S OBLIGATION 1 A. Limit of Liability. CITY will reimburse CONTRACTOR fnr expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and othex obligations made or incurred by CITY hereunder shall not exceed the sum of $241960.00. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit Be subject to the limitations and provisions set forth in this section i and section VII of this contract. i (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate community Development Block Grant (CDBC) I funds to meet CITYos liabilities under this contract. if adequate funds are not available to make payments under this f Contract, CITY shall notify CONTRACTOR in writing within a "i reasonable time after such fact han been determined. CITY Mayo at its option, either reduce the amount of its liability, as specified in Subsection A of this section or terminate the Contract. If CDBG funds eligible for use for purposes of this ,f Contract are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Contract. (2) It is expressly understood that this Contract in no wayy { obligates the General Fund or any other monies or credits of the City of Denton. 1 (3) CITY shall not be liable for any cost or portion t thereof whichi i (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; b) was incurred prior to the beginningg date, or after the ending date specified in Section Il ~ (c) is not in strict accordance with the terms of this Contract, Including all, exhibits attached heretol , (d) has not been billed to CITY within thirty y (30) calendar days following billing to CONTRAC- TOR, or termination of the Contract, whichever E date is earliar 1 ) PAGE 2 (e) is not an allowable cost as defined by Section XI of this Contract or the project budget. (4) CITY shall not be liable for any cost or portion ' thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WITS FEDERAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to this Contract are funds which have been made available to CITY by the Federal Government (U. S. Depat ,went of housing and Cuban Development) under the Housing and Community Development Act of } 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing } and community Development Act of 1974 (P.L, 93-383) as amended and. with regulations promulgated thereunder, and codified at 24 CFR, f The foregoing is in no way meant to constitute a complete compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. ! CONTRACTOR further assures and certifies that if the reg"la- Lions and issuances promulgated.pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in r Section XXIV of this Contract. CONTRACTOR agrees to abide by the conditions of and comply with ; the requirements of the Office of Management and Budget Circulars Nos, A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPRSOXNTATIONB A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official i motion, resolution or action passed or taken, to enter into this Contract, } fr 1 PAGE 3 T- f I - .F.LSR tiT~) I B. The person or persona signing and executing this contract do hereby warrant and guarantee ton behalf of CONTRACTOR, execute she, or they have been fully authorized d t and legally { this Contract on behalf of CONTRACTOR a cesandaproviaions heron performances bind CONTRACTOR to all terms, set forth, R to either C. CITY shall have the right, at its terminate this pcontract if there temporarily suspend o of e o thiaeCOntraa TOCONTRAC~ is a dispute as the he le ot,to entertint person signing received fro for Contract if m CITY has TOR is liable to CITY rcvi i neonoP it has provisions performance the suspended or terminated this Contract for the reasons enumerated in ' this Section. , 'j D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be i substituted for funds and resources from other sources, nor in any way serve to reduce the resources, ser vided through other Ctlbenef its provided which would have been available to, or not been executed. c _ had this Contrast VI. VEREOR)"CE BY CONTRACTOR j CONTRACTOR will provide, oversee, administer, and uarrY out all j t of the hereto activities incorporated herein for all purposes as Exhibit attach 1 A, utilizing the funds described in Exhibit B, attached hereto and ' incorporated herein for all purposes and deemed by both parties to i as determined solelynby CITY fando n be oases 'of a the sufficient performance provisions and requirements of accordance with all other terms, p this Contract. r Na modifications or alterations may be made in the WORD{ of the City's STATEMENT without the prior written approval Community Development Coordinator, vile 4.. PAYNENTS TO CONTRACTOR t A. Payments to contractor, The CITY shall pay to the , CONTRACTOR a maximum amount of money totaling $24tt9e60 ffundr vines rendered under this Contract. CITY will pay twent reimbursement basis to the CONTRACTOR withinY shy not payer CITY has received supporting documentation. three month period more than twenty-five (25%) percent of the maximum amount specified above. PAGE 4 1 Funds are to be used for the sole purpose of paying as shown in the Budget, Exhibit B. B, Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determinest (1) has resulted in overpayment to CONTRACTORS or, f (2) has not been spent strictly in accordance with thri terms of this Contractp or (3) is not supported by adequate documentation to fully I justify the expenditure. C, Disallowed Costs. Upon termination of the Contract, should any expense or, charge for which payment has been made be subse- quently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Develop- CONTRACTOR will refund such 'went, or any other Federal agency, amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these Cr any other funds received from or through CITY. s D, Deobligation of Yunds. In the event that actual expendi- ' ture rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby j reserves the right to reappropriate or recapture any such under- I expended funds a. Contract Close Out. CONTRACTOR shall submit the Contract i close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this contract, within fifteen (15) the close the Contract tORkshallautilizeothegform agreed upon by CITY andrCONTRACTORCr At the termination of the Contract, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following format: (1) A caahier's check for the not aggregate amount payable to the City of Denton) (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each J person involved. PAGE 5 f a. El M U'v F ~ r I 1 j V111 9 WARRANTIES 1 CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter { requested by CITY and furnished to CITY, are complete and accurate of the ddate shown on the ateE have not undergone any significant change without or report andr since that ! s ~ written notice to CITY. i 8, Any supporting financial statements heretofore requested by complete, accurate and fairly own on CITY and furnished to CITY, nr.ri, reflect the financial resultsn of the CONTRACTOR operation hfora the hperiod ; said report, and covered by the p that since said date, there has been no E re ort, and the j material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or proceedings are presently pending or } threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in conflict ! authority under which CONTRACTOR is doing business or with i with the CO wi the provisions of any existing indenture or agrec~ment of NTRA TOR. E. CONTRACTOR has the power to enter into this contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. P. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not in the financial stntemen shown ; delinquent, except as by CONTRACTOR to CITY. Each of these representations and warranties, shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. ,f IY. COVANANTN A. During the period of time that payment may be made here- under and so long as any payments remain unliquidated, CONTRACTOR shall not without the prior written consent of the Executive oaf Planning and Development or his authorized representa-tive: PAGE 6 1 a r (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or here- after acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of t this contract and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to becomes due. (a) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for as Siuarantor, i entity or corporation person, any other firm, pe surety, or accommodation endorser. B. Should CONTRACTOR use funds received under this Contract to i acquire or improve real property under CONTRACTOR': control, CONTRACTOR agrees and covenants: f (1) That the property shall be used to meet one of the national objectives in S24 CFR 570 until August 31, 1996. i' (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 19960 CONTRACTOR. shall 1 reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expendi- tures of non-CDBG funds for acquisition of, or improvement to, the property. { x. I ALLOWABLX COSTS A. Costa shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Contraot and in conformance with the standards and provisions of Exhibits A and B. a. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: s (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for personnel costs as specified in Exhibit B. i PAGE 7 3 1 i, (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract: service extending beyond the expiration of this Contract. (3) Out of town travel. ; {4) Any alterations or relocation of the facilities on and v in which the activities specified in Exhibit A are conducted. (5) Any alterations, deletions or additions to the Person- nel Schedule incorporated in Exhibit B. I (6) Costs or fees for temporary employees or services. p' (7) Any fees or payments for consultant services. r j (8) Fees for attending out of town meetings, seminars or conferences. is i 0 TRA ! Written requests for prior approval are C N CTOR's responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior., to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this contract must be conducted in its entirety in accordance with the provisions of this contract. I PROGRAM INCOME A. For purposes of this Con~;ract, program income means earnings of CONTRACTOR realized from activities resultAng from this Contract or from CONTRACTOR's management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease foes, income i produced from contract-supported services of individuals or employees or from the use of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR; under this Contrast. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other Contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received i from HUD perfored by representatives, CONTRACTOR shall h be pent f only for collected operat:ing expenses. PAGE 0 ( 7 f I C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. XII. MAINTENANCE OF RECOFIDB A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance wAh the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing otandaxds for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. i B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this j Contract for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall. be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit; of services provided under this Contract. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available( to CITY, HUD, or any of their authorized representatives, all of its recorda and shall permit CITY HUD, or any of their authorized representatives to audit, examine, make excerpts and copies oe such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. PAGE 9 i yYa UAlt/ i , PI'.' P1954M t i i i I BIIF. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information aG l CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall. submit regular performance reports to CITY no j less than once each three months, with the first report due on or { before December 1, 1991, The performance report shall. detail client information, including race, income and other such statis tics required by CITY. CONTRACTOR agrees to gather information and data relative to all. programmatic and financial reporting as of the F beginning date specified in Section II and furnish to CITY quarterly a report of all income received and funds expended. The t first such report is due on December 1, 1991. i CONTRACTOR agrees to retain an independent auditor to conduct an audit in accordance with the single Audit Act of 19840 31 U,S.C. audit shall be performed in accordance with generally 7501-7. The I I accepted government, auditing standards covering financial and fi compliance audits. CONTRACTOR shall furnish CITY a copy of the audit within ten (10) days after receipt of the audit. XIV. MONITORING AND EVALUATION ; A, CITY shall perform on-site monitorin5 of CONTRACTOR's ; performance under this Contract. ! y B, CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and objectives, which are attached hereto as Exhibit A, as well as other previsions of this Contract. C, CONTRACTOR agrees to cooperate fully with CITY in the , development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. D, CONTRACTOR agrees to oooperate in such a way so as not to obutruot or dolay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E, After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings, f u PAGE 10 1 t V'. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by CONTI2AC- TOR. XV. r DIRECTORS' MEETINGS During the term of this contract.. CONTRACTOR shall cause to be delivered to 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 CITY in a timely manner to give adequate , notice, and shall include an agenda and a brief description of the mattors to be discusseCl. CONTRACTOR understands and agraes that CITY representatives shall be afforded access to all of the Board of Directors' meetings, Minutes of all meetings of CONTRACTOR'fj governing body shall be available to CITY within ten (10) working days of approval. XVI. INSURANCE 3 A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance es would provide` adequate coverage for, services offered under thia Contract. ` ~ . i 1 S. The premises on and in which the activities described in Ik Exhibit A are conducted, and the employees conducting these activities, shall by covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as f' an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrange- ments. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable, D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment. must possess a valid Texas drivers' license and automoklile liability insurance. ti Evidence of tho employee's current possession of a valid license R and insurance must be maintained on a current basis in CONTRACTOR's files. PAGE 11 d AeIIA14"i r 1 I E. ActuaQfi. alloy able costs under this Contract, and remain the section are n sole responsibility of CONTRACTOR. ~CVI I . .1 rQUAL OpPORTUNITY approval, a written plan Action A. CONTRACTOR s21a1}. submit for CIT ~m d Affirmative for compliance with the Equal Employ days of the effective date Federal provisions, within thirty ( ) i of this Contract. B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports requeseted by the CITY, and will permit access to its books, records, and accounts stor pu ate rand Federal n rules g ando regulationsain oomplianoe with D. In the event of CON7RACrthe' Contract mmay nbe canceled non-discrimination requirements, terminated, or suspended in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. :i XVIII. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shalls , A. Be no more liberal than CITY's personnel policies, ~ procedures, and practices, including policies with respect to emn benefits, vacationaandrsick ~ leave iprivileges, and travels fringe ge be and the governing body B. Be in writing and shall be approved by of CON'TRAC"rOR and by CITY. SIX. CONFLICT Or INTEREST A, CONTRACTOR covenants that neither i it nor any oer ber of its governing body presently ham any indir, which would conflict in any manner or degree with the performance of services covenan s that performed under this the performance ofothis Contraotpno TOR further person having such interest shall be employed or appointed as a i member of its governing body. PAGE: 12 j I II. CONTRACTOR 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 gain for himself, or others, particularly ticularly thosedwith ewhfor, ich p he private family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities 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 interests or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. i XX. j I; NEPOTISK E .l not em to in any paid capacity any person who ~ CONTRACTOR shal p Y ~ i , is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing j board. The term "member of immediate family" includes$ wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother k and half-sister. XXI. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shat involve, and no portion of the funds received by CONT'RACT'OR hereunder shall be used, either directly or indirectly, for any political activity (including, but not, limited to, an activity to further the election y candidate for public office) or any activity or defeat of an undertaken to influence the passage, defeat or final content of ingislation. H. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall i , be used for or, applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. XXII. PUBLICITY A. Where such action is appropriate, as determined by and upon approval written conducted byCONTRACTOR under this Contract. In publicize any t news release, PAGE 13 T- 0. 4} 1NA1 t i~ 1 i j medium, disseminatini informa- sign, brochure, or other advertising aced or distributed by or for CONTRACTOR, mention shall be tion prep and Urban Development fund- made of the U.S. Department of Housing project possible. ing through the City of Denton having made the Ibmi under and written reort 8V B. All published material materialsunlesstotherwise this project must be originally developed When material not origi- specifically provided in this Contract. the repo rt reportr bye report footnote. shall Thisidentify identify in a sally developed is included the source in the body of 1s in a verbatim or extensive sion is applicable when the ma paraphrase format- i All published material submitted under this project shall reference on the front cover or title page: include the following This document is prepared in accordance with the with of Denton's Community Development Block Grant Program, funding received from the United States Department of If Housing and Urban Development. sohedvlea, or ports, documents, studios, charts, C. All re proposal( content of basic other appended documentation to inquiries, correspondence ; proposal, or contracts and any responses, CONTRACTOR, shall become the a submitt t and relate upon receipt ad by of CITY d material property r XXXXI. F'UNDIN(; APPLICATIONS F !f CONTRACTOR agrees to notify CITY each time CONTRACTOR accordance application for funding preparing or submitting any with the following procedures is in the planning stages, CONTRACTOR A. When the application applied for, cription of the Funds being + shall submit to e CITY a d funds. and proposed u B, Upon award of or notice of award, whichever is sooner, rd CONTRACTOR shall notify CITY of such awa anC ntiraztedchereunder• of such funding on the funds and program( writing, within ten (10) Such notice shall be submitted of the notice,of award or funding award by working days of receipt to ram desarip- CONTRACTOR, together with copies of the budget, p. g tion, and contract, rovided hereunder, either use funds C, CONTRACTOR shallnsoa contributi, on or to prepare applica- federal or directly or indirectly, a snot tioss to obtain any fafleral or private funds under ro ram without the prior written consent of CITY, private p g ` PAGE 14 a t XXIV. CH"Oss AND AMBNMENTs terms A. Any alterations, add writions, itten oamendmentn execut d by both ' this contract shall be by parties, except when the terms of this Contract expressly provide that another method shall be use.. s B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in prescribed by CITY, and such writing, the budget revision in a form i request for revision shall not increase the total monetary , obligation of CITY under this contract. In addition, budget 4 revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract. i rma- C. CONTRACTOR will submit revised CONTRACTORg a to op o tion, whenever tba level of funding for { gram(s) described herein is altered according to the total levels. contained in any portion of Exhibit B. the parties hereto that D. It is understood and agreed by changes in the state, Federal or local laws or regulations pursuant hereto may occur during the term of this contract. Any such t modifications are to be automatically incorporated into this contract without written amendment hereto, and shall become a pert of the contract on the effective date specified by the law or I l regulation. E. CITY may, from time to time during the term of the t contract, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. such changes shall be incorporated in a written amendment hereto, f as provided in Subsection A of this Section. i V. Any alterations, deletions, or additions to the Contraot ' Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY, G. CONTRACTOR agrees to notify CITY in writing of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. u. CONTRACTOR shall notify CITY of any changes in personnel or Vorning board composition. T. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will. be permitted. i PAGE 16 t tgypq, 1 5 XXV. BUepENSION OF FUNDXNd j upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and 4 duties provided herein, CITY, without limiting any rights it may may, at its disoretion, and upon ten (10) working otherwise have, days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive 0•2ficer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required l:or cure. 1 The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall 3 r it exceed thirty (30) calendar days. At the end of the suspension period, if C?'TY determines the default or deficiency has been I satisfied, CONTRACTOR may be restored to full compliance status and maid all eligible funds withheld or impounded during the suspension i. period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuated. 1 XXVI. j TERNINATXON A. CITY may terminate this Contract with cause for any of the P following reasons: (1) CONTRACTOR's failurA to attain compliance during any j prescribed period of suspension as provided in Section XXV. f (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (3) Termination or reduction of funding by the United states Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTORS (a) is in such unsatisfactory financial condition as to endanger performance under this contract] (b) has allocated inventory to this Contract substan- tially exceeding reasonable requirements; (o) is delinquent in payment of taxes, or of costs of performance of this. Contract in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or PAGE 16 1 7. i institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR'S inability to conform to chznges required by Federal, State and local laws or reggulati~ns as provided in Section IV, and section XXIV (D), tract. (7) The commission of an act of bankruptcy. \ (8) CONTRACTOR's violation of any law or regulation to 1 which CONTRACTOR is bound or shall be bound under the torms of the Contract. 41 CITY shall promptly notify CONTRACTOR in writing of the decision to germinate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. S. CITY may terminate this Contract for convenience at any time. If this Contract is terminAted by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the 4 Contract, less payments previously made. C. CONTRACTOR may terminate this Contract in whole or in part by written notice to CITY, if a termination of outside funding j occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Contract, o % seek an alternative funding source, with the approval of CITYe provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as definO in a contract batween CONTRACTOR and the funding source in j question. 1 CONTRACTOR may terminate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Contract. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. ; E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of } 7 PAGE 17 S ~ 7 Y'r s'•~5j7 ,4 ,?kyggli t II I CITY by virtue of any liability to CITY for damages sustained by amount of breach of reithe contract by mbursement to CONTRACTOR ntilCsuch tine as T the may withhold a C re damages due to CITY from CONTRACTOR i15 agreed upon or otherwise determined. XXVII. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the , firm, date and hour of notification of any such claim, demand, suit o pers other actions the names and addresses claim,~eo r that (inst ituted corporation or other entity making or proceedings the or threatened to institute any type of action the basis oainstawhom such clam is being made and threat ned~ any person(s) Such g written notice shall be delivered either personally or by mail. ' XXVXII. MISC£IiLAREOU8 A, CO`. ACTOR shall not transfer, pledge or otherwise assign f' interest therein, or any claim arising thereunder, Contract to any any party or parties, bank, trust, company or other I financial institution without the prior written approval of CITY. S. If any provision of thia Contract is held to be invalid, illegal, or unenforceable, thc;remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto, INDEMN-11 CATION A. it is expressly understood and agreed by both parties hereto that T'that as such, CONTRACTORNshall save andiholdeCITYO contractor and its officers, agents and famployaes harmless from all liability of oro or on any nature kind, dit excepts nst dem ands, suitsfor damages ofeany of, any claims, au in whole or, in part from the character whatsoever resulting performance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, emp o aos, oor contractors from any and all claims, suits, erasesand liability demands, damages, losses, attorneys fees, p , PAGE 18 arising out of the use of these contracted funds and program administraL•ion and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Contract, whether written or oral, shall have no force or offeot whatsoever, nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subse- quent thereto, have any legal forei£ or effect w atraoever lunless properly executed in writing, arid appropriate, amendment of this Contract. E. In the event any disagreement or dispute should arise 'vetween the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Contract, all official communica- tions and notices among the partie8 shall be deumed made if sent postage paid to the parties and address set for bAiow: To CITYt T CONTRACTC:R3 City Manager Barbara Atkins, Director City of Denton Hope, Inc. 215 E. McKinney St, P. 0. Box 50496 Denton, Texas 76201 Denton, Texas 76202 PAGE 19 .~l~ HfI12CY\!fi l f 7 IN WITNESS OF WHICH this Agreement; has been executed on this the day of~ 1991. r CITY OF DENTON BY: LLOYD V. HARRELL, CITY MANAGER • , j I ATTEST: 4 JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ` DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~ i i 1 1 s' HOPE, INC, E 1 j BY:a r ~ ~ ,1 r i i 'c r ATTESTS I 'A WD SECRETARY t ~~'~4 t 4 hope PAGE 20 4 1 t EXHIBIT dAu HOPE, INC. STATEMENT OF WORK 3 FOR TRANSITION HORSING The purpose of the project is to assist families who are ' { homelesof or potentially homeless toward establishing and maintain- ing self-sufficiency. The funding requested would provide rent and utility assistance, and limited other financial aid, as determined' by the needs of the pilot study families. The, number of families in the pilot study would bu two or three, and rent and utility assistance would be for a period of 12 to 24 months. HOPE, Inc. will assist the pilot study families with assesament of educational or vocational skills and training, with badget ! skills, with job search skills, and with counseling or other social services. HOPE will also monitor on a waekly basis, records of expenses incurred, receipts, and proof of family income. I I It is anticipated that client families who are in the pilot r study will be able, after the one to two year assistance period, to improve their situation enough to be able to afford decent, safe, and sanitary housing without the need for rental assistance and i continuing emergency aide from Denton agencies. t' f s j , t PAGE 21 :r r. _ T r ry... raaasaua, } Pp EXHIBIT "B„ j HOPE# INO. PROJECT BUDGET 1 TOR i PILOT STUDY1 TRANSITION ROU81N8 f $ 8,235.00 ~ Personnel Costa! I One caseworker at $8.00~$9.00 per hour E up to 20 hours per week .00 i, Rent, Utilities, Ot!►er Financial Aid........ 16j325 Administrative Expenses TOTAL $240940.00 i PAGE 22 i I 'IV h 1~, 4f 4lQQNl,. . I s Denton Police Departments ' . 221 N. ELM ' DENTON, TEXAS 76201 t ` .V t MEMORANDUM r UTE: October 9, 1991 COs Honorable Mayor and Council.members kf RROM$ Michael. W. Jez, Chief of Police y; SUBJECT: An Ordinance Amending Chapter 4, Alarm Systems 5 Please find attached a revised ordinance regulating alarm system in the City. 1 . One revision was necessary in order to comply with atate and/or federal 3 statutes relating to the number of false alarms allowable in a twelve 4 month period. The current ordinance provides for fees to be imposed on false alarms in excess of three in a twelve month period. The revised ordinance allows for five false alarms prior to a fee being imposed. The other revision simply clairifiea the procedure for obtai,ning'an .t alarm permit and more clearly defines who is responsible fo' false' alarm fees in those apartment complexes that provide alarm systems as an amenity. The current ordinance does not specifically address this y , area and has resulted in enforcement problems, ' We would not anticipate more than $i,000.00 in lock revenue as a result ~ of the revisions. + I would recommend approval of the revisions as proposed. J. Reepectfnlly, E € Michael W. Jez 8 Chiai' of P ice t l S METRO 434.2620 ~ {$17) 666.8181 i - T~ s r _ n 1ti ~ wsct~ahr. T.,~:xti~cw r ,t,~st 0jwpdocs\tJarmreV,: ORDINANCE 110. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER N "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DENTO PROVIDING FOR DEFINITIONS, PROVIDING FOR APARTMENT COMPLEX OWNERS TO BE RESPONSIBLE FOR APARTMENT UNIT VIOLATIONS, PROVIDING FOR TERMINATION OF ALARM SYSTEM PERMIT; PROVIDING FOR A SERVICE CHARGE FOR FALSE BURGLAR ALARMS; PROVIDING FOR A PENALTY IN THE MAXIMUM OF $500 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC IgN I, That Sec. 4-1, ("Definitions") of Chapter 4 of the code of Ordinances is amended to read as follows: Sec. 4-1. Definitions. E The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meanings Alarm site means a premises ov location served by an alarm system. i Alarm system means a device or system that transmits a signal intended to summon emergency services of the city. The term f includes an alarm that emits an audible signal on the exterior of a structure. Alarm system does riot include: 1 (1) An alarm installed on a vehicle, unless the ; vehicle is used for a habitation at a permanent sites (2) An alarm designed to alert only the inhabit- ants within a premises) or (3) An alarm installed upon a premises occupied by the city. Apartment means a room ov suite o room designed multifamily or pied ab a dwelling or apartment complex arranged, individual or group of place of residence by a single family, individuals. Apartment complex means any building or portion thereof which is designed, built, rented, leased or let to be Occupied as three (3) or more dwelling units or apartments or which Is occupied asia home or place of residence b three (3) or more families ling independent dwelling units. Y". )j 4iVtilD F.T T 0 MIA! F Burglar alarm notification means a notification intended to summon the police, which is initiated or triggered manually or by an alarm system designed to respond to a stimulus characteristic of unauthorized intrusion. Director means the chief of police or the chief of the fire department. notificagionyintendedltoasummonnemergency medical cassistance nfrom the city. False burglar alarm notification means a burglar alarm notifi- cation to the police when the responding officer arrives at the alarm site within 30 minutes of the alarm notification and determines from an inspection of the interior or exterior of the premises that no evidence existed which would indicate entry or attempted entry into the premises. False emergency medical assistance alarm notification means an emergency medical assistance alarm notification to the fire depart- ment when the responding fire department personnel find no evidence ` of need for emergency medical assistance. li False fire alarm notification means a fire alarm notification to the fire department when the responding fire department per- sonnel find no evidence of a fire having occurred or of a need for fire department serlicea. False robbery alarm notification means a robbery alarm notifi- cation to the police when the responding police officer finds no ~I evidence of a robbery. Fire alarm notification means a notification to the fire department intended to summon firefighting forces, which is initiated or triggered. manually by an alarm system designed react to any of the visual or p:.ysical characteristics of a fire. Local alarm means an alarm system that emits a signal at an struc- purpose visible the summoning exterior of aid from a a city alarm r ture and site that a as is its audible department. Permit means a certificate, license, permit, or other form of permission that authorized a person to engage in an action. Robbery alarm notification is a notification intended to summon the police when a robbery occurs designed to bo purposely activated by a means human. Uf an alarm system PAGE 2 t i i ` SECTION I.I That Sec. 4-3, ("Other types of alarms") of Chapter 4 of the Code of ordinances be renumbered as Sec. 4-41 ("Other types of alar,n0") and the previous text remains unchanged, w SECTION _III, _ That Sec. 4-3, ("Alarm systems in apartment complexes") of Chapter 4 of the Code of Ordinances is hereby created and shall read as follows: Sea. 4-3. Alarm systems in apartment complexes. r (a) The owner or property manager of an apartment complex shall obtain a master alarm permit from the director if any alarm j system is operated in any residential unit on thy` premises, whether the alarm system is furnished by the apartment complex owner as an amenity or contracted for by an individual tenant. 1 (b) The owner or property manager of an apartment complex shall provide the director with a list of occupied residential units con- taining alarm systems and tha name or names of persons occupying said unit on or before the 5th day of each month. (c) A tenant of an apartment house shall obtain an alarm permit from the director before operating or causing the operation of an alarm system in the tenant's apartment. (d) For purposes of assessing service fees and enforcing the provisions of this article against an individual apartment unit, the alarm permit of the tenant supersedes the master alarm permit of the apartment complex. The tenant is responsible for payment of service fees for false alarm notifications emitted from the alarm system in the tenant's apartment unit. The master alarm permit holder is responsible for payment of service fees for false alarm notifications emitted from unoccupied residential units. (e) The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage, and equipment areas. SECTION IV._ That paragraph (a) of Sec. 4-62, ("Service charge for false alarms") of Chapter 4 of the Code of ordinances is hereby amended to read as follows: (a) The holder of a permit required under this chapter shall pay a fee established by the city council and on file in the office of the city secretary for each false burglar alarm notification emitted from an alarm site that is in excess of five (5) false burglar alarm notifications within a twelve-month period, PAGE 3 , , einx:trN ~ i Y 1 114, I SECTION V. That Sec. 4-32, ("Revocation") of Chapter 4 of the Code of Ordinances is hereby amended to read as follows% Sao. 4-32. Termination of permit. (a) The director may revoke an alarm system permit or refuse to renew an alarm system permit for any violation of this chapter, (b) The director may revoke a permit for failure to pay a service charge fee as required by section 4-62. I (c) The director may revoke, a permit or refuse to renew an alarm system permit at an alarm site if an alarm system generates E an excessive number of false alarm notifications in a twelve-month period; but revocation or nonrenewal. may only occur in the event the permit holder has failed to pay any service charge fee as required by section 4-62. In each respective category, an excessive number shall be as fcllowss t (1) Five (5) false burglar alarms; (2) Five (5) false robbery alarms; (3) Five (5) false emergency medical assistance alarms; and (4) Five (5) false fire alarms. (d) Emergency service response shall continue to any alarm notification unless the alarm systen permit is revoked as provided 1 ~ shall be terminated without permit herein, No alarm system p i. providing the permit holder with thirty (30) days written notice of revocation. (e) A revocation may be withdrawn and a permit reinstated or a permit may be renewed upon a sufficient showing that the condi- tions which caused the action have been corrected and if the direc- tor determines that the alarm system is likely to be maintained and operated in a responsible manner and in accordance with the provisions of this chapter. ' C VT. That any person violating any provision of this ordinance, shall, upon conviction, be fined a sum not exceeding $500. UgTION VII,. That this ordinance shall become effective fourteen (14) 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. PAGE 4 kv, Ul i t < E 1991. PASSED AND APPROVED this the day of f BOB CASTLEBERRY, MAYOR 1 ATTEST. JENNIFER WALTERS, CITY SECRETARY 1 j BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY l 1 i 1 j PAGE 5 ,1 } ifaR CA Z CITY COUP' c, REPORT Mayor and Members of the City Council T0: city Manager J'loyd V. Harrell, FROM: t Commission Authority SUBJECT: Citizens Traffic Safety Suppor ~ rntaMFNDATTON : I ? Approval of Ordinance j j the development This ordinance amendmo f could short that the variance would be ` . reducing the number considered by. f their decisions to have, I!` Staff has received input from CTSSC wanting their want a shorter more more effect. Persons in development p concise variance process for driveways and parking lots. j' t11+[ DEY TMENTS , OR GROUPS AFFECTEDI PRO Department, Engineering and Planning Development process, Transportation Department, and Developers/Builders .ar nst PM ACT: nterest for developers w current process money g , Could waiting variance decisions r i.ni i i f ? ~T ~r .w,. r-, AIM Y 1 I t I MEMORMDUM i DATE: September 18, 1991 TO: Planning & Zoning commission ' FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Ordinance 34-1150 - Traffic Safety Commission Parking Lots and Driveways As you remember, we had a very interesting discussion at the I Planning and Zoning Commission meeting about this issue the last time it was presented. The staff has had significant, discussion c,.n the issusN raised at that meeting. Therefore, it has not been ,orwarded to City Council. j I The key issue was whether the issues involved in parking lots and driveways were for interpretation of the meaning of the ordinance or for a variance of the ordinance. An ordinance needs to be ' written so that, it functions without confusion. our first attempt at that -1dification left the issues still up in the air. Several driveway requester have been coming in with a i great deal of confusion over what the intent of their request was. Interpretation seems to really mean shat staff clc:_.rs up undefined or vague areas. Most requests frc petitioners are presented with the intent to do something that does not comply with the regulations in the specific ordinance. 11herefore, we are resubmitting the ordinance change to allow Citizens Traffic Safety Support Commission the final authority over parking lot and driveway variances. This change 'allows streamlining or the development process. The decisions would also be made by those commission members who deal with traffic safety issues on a regular basis which eliminates retraining the Planning and zoning commission for the few caaes that do reach that level. 4 9 y C ar . 001 ti M r P&Z Minutes October 9, 1991 Page 7 it via moved by Mr. Appleton, seconded by Mr. Engel echt, and un nimously carried (6-0) to approve the pr.olimi ary and final p ats of. Lot 1, Block A, Star. Addition. V1. Consider e preliminary plat of phases 1 and of Lot 1, Block A of e Denton County M.H.M.R. Center. Staff Report; r. Yost stated that the 10, 8 acre tract is located on the uth side of Scripture St et, 664 feet viest of Honnie Brae. ublic improvements in ude 405.79 feet of 8" water line, a fire hydrant, and the portion of the drainage channel tha is within tho f' al plat. The current zoning is General. Re it which allo s the proposed use. To the cast is General Ret it zon.ing; ouch is apartments in MF- 1 zoning! west is undev oiled lai that is zoned Commercial. The Development Review C mitt- recommends approval of the plat which conforms to the tin um requirements of Chapter 34 of the Denton Code; Subdiv ion and Land Development. The north half of the tract is se 1. To the south io phase 2 which will be ball fiold 11 the structures will he on phase 1. These will con st of doctors' clinic and offices I of the staff of M.H. Seve al buildings are planned. ~ Presumably, the ball fields on p se 2 will be used by the clients and patient of M.H.M.R. T clients got counseling and medical care b do not stay ove night. Mr, Engelbrecht sked for clarificatio of how the southern tract's ball f-eld:s will be used, Mr. Yost sa that he would find out from t applicant when the final lat is submitted; however, ball fields are an allowed e in a. General Retail zoning distri t. Motion was made by Mr. Glasscock, seconded by M Huey, and unan' ously carried (6-0) to recommend approv of the pre minary plat of phases 1 and 2 of Lot 1, Block of the Denton County M.H.M.R. V11. Hold a public hearing and consider an ordinance amending Section 34-115(c) (4) of the code of Ordinances providing for the Citizens 't'raffic Safety Support Commission (CTS5C) to have final authority over appeals and variances involving parking lot/driveway permits. Mr, Clark stated that two or three months ago, staff: suggested to the Commission that the CTS5C huvo final authority over driveways and parking lots. They have been treated i 1 qi La. ,vwBt.k'yl ~ FP q I~7I P&Z Minutes October 9, 1.991 Page 8 informally over the years. This recommendation was made by a developer and member of the Building Code Board. When someone can't meet an ordinance standard it is clearly a variance request. Currently these variances are reviewec9 by the Development Review committee which makes a recommendation to the CTSSC whom then make a recommendation to the Planning and zoning commission. Going through so many committees { tikes a long time. The basic change is that the variances would be reviewed by the Development Review Committee and then taken to the CTSSC. It would streamline the process, The CTSSC meets once a month. They give a lot of time and 1 would like to feel useful, They see this proposal as a positive step. No one was present to address the issue, Chairman Holt closed the public hearing. Mr. Clark emphasized that the petitioners would have to meet standard variance requirements, Mr. Appleton recommended approval of the ordinance 'as amended. Motion was seconded by Mr. kngelbrecht and unanimously carried (6-0). VIII. Work. Session Discuss th Zoning Task, Force's zoning rdinance rewrite recommendati ns. Mr. Robbins exp ined the concepts ng considered for the new zoning ordin- ca. lie said th it is a major departure from the structure f the present rdinance. For the last 10 years all zoning c angos in enton have been to mostly, planned developments (PDs) There have been numerous complaints by developer ost PDs will not be built the way they are shown on their ite plans. The zoning ordinance needs to be more user ie ly. Its schodulo of uses is out t of date. standards a nee d to deal the mix of uses. With the new system, cu. ei districts and tha standards for them would remain in lace. Stan rds would be reformatted to make them ctasi to use. Any - ning change would be to an MXD District except fnr a fete sidential districts that would be al awed. In the future, m t of Denton would end up being zoi..d MXD. Land use would e lve around standards, There w ld not be a lot of rezoning ca es. There is no plan to do a city-initiated rezoning of Denton at this times r ' 1 Y" ' rrfrr~e~ 1 PFz Minutes July 10, 1991. Page 10 q, The circular drive is not to be used by parents or faculty. otion wns seconded by Mr. Glasscock nd unanimously c -ried (4-0). r Mr, Kauunan turned to the meeting. IV. Conside the abandonment of a onion of Mayhill Road near 1-3 ' I Mr. Clark s tied that the ld alignment of ltida was off-set f m I-35. en Southern Hills was planned, a new route was stabll led, Mr. Morris has advised that since the City 1i on epthe use oother portions should be used by traffic, i ' abandoned. The p ti to be abandoned wil'fhe~~prsplit between the tht adlac t property owners. configuration ops the p erty off the tax rolls and keeps the adf cent propertie chopped up. All utilities ;have been r oved. Staff sti. wants to have the right turn lano .ixod. It is too sha for semis and trucks.' f rho rest f the road is fine. It wa moved by Mr. Kamman, seconded by r. Appleton, and una mousl'y carried (5-0) to recommend. proval of the ab donment of a portion of Mayhill Road. V. Hold a public hearing and consider an ordinance amending s the Subdivision nrtd hand Development Ordinance o(Cenable TSSC) 1 the Citizen's Traffic Safety Support appeal from a to make a final dotormination concerning an app Development Review Committee decision concerning i driveways and parking'lots. Mr. Clark said that the Commission has seen some attempts to streamline processes. Driveways and curb cr';s come up i a lot, 'l'hey are technical issues. The CTSSC is familiar with with those issues. It is frustrating for them to only get to make a recommendation. The developers have to go complain of all the different groups that they through. Giving final approval to the Traffic Zoninety Commission would also ease tho Planning And this ' Commission's workload. The staff is recommending cuts change. It is a positive step. do not contro). land use. Normally, If the CTSSC, denies a caso, it is not appealed further, Committee to dt Review riveways, Ms relatin g i tt nsiders k planning issueso Dove lr co t T H h 1 1)&z Minutes July 10, 1991 Page 11 Mr, Clark said yes. Mr. Robbins is the chair of that committee. Other planners are also present. Mr. bngelbrecht said that in his personal experience the CTSSC is tough. After discussion, Mr. ingelb ree ht Surecommended bdivision aandavaband an ordinance amending Development ordinance to enable the Citizen's Traffic safety Support Commission (CTSSC) to make a final determination concerning an appeal from a Development Review Cornmittoe decision concerning driveways and parking lots. Motion was seconded by Mr, Glasscock and unanimously carried (5-0). V1. Director's Report A1r, Ro ins said that there are aks of activity around the sign ordinance, one was in 1985 a washere was another in 989 when the new g By October o that year the ordinance was being amended again. Anothe new ordina a was adopted in April 199be Amendment activ y is b ginning again. centered around f e cha gas. The Sign Board of Appeals i has had their First a ing. They had three cases which all related to face ranges. Two were denied and the ' third was tabled. r, Robbins said that he has been { resisting doing a ame Mont. New mechanisms may be fu11e tl~o (Commis ton willila tiers berg se©ingsu ignr districts or ordinance, at ndments. ,I Mr. Appleto said that the Stor Water Utility Task Porce has had t air first-moeting, cy are having another meeting r xt week and he will be o t of town. The issue is too mportant for Commission rop sentation to not be there, Phase T is to docide if a st m water utility is need and how it should be funded. an it must be. dec dad how to go about getting it. Mr, Sngelbreclit agreed to attend the meeting. Mooting adjournod at 7:10 p.m. 21A7c i j i T.F (5~..e 6~n3Ne!1 CTSSC MINUTES May 13, 1991 page 8 C adwick asked if there was enough width on Auslyin. Highfill said it would need to be widened. Dotson said handicapped spaces have no me limit as indicated in staff's morandum. i Smith asked the bank had thou of two spaces. Highfill said he had no objectio Chadwick asked if 2 cot f the curb could be utilized to mr.ke the r handicapped epace ade to on Austin Street. Clark said he had no objection. j E STAFF RECOMMENDED: Appro l i COMMISSIONEPSt t.h made a motion r 2 handicapped parking spaces. ne to be located on Au in and 1 on Walnut near Locust for future needs. The Ban and City staff are to decide the locations. Kay seconds the motion. Motion gassed { unanimously. IT 13M 7 GENERAL )OUSUESst i a) Clark said recently attempts have been made to stream line the E process 6 p The chairman of the Building C Board said one of the problems buildeso d waerst etc Tace he - expressing is the delay in getting a curb cut i current process requires them to go to CTSSC, Planning and zoning$ and onto City Councils Clark said hs recommended 3 giving this commission (CTSSC) the final stop on those decisions. A party can still appeal CTSSC'a decision to city { Council. { The ordinance would be amended if the commission accepts that ` responsibility. Chairman chadwiak asked members how they feel about the additional responsibility. They all agreed it is a good idea and they are willing to take on the new responsibility. c) Jane ailos ddressed the commission on he progress of the parking Commi ee. She said the pa ng committee will not have the final survey results n May 15 as previously indicated. The vo teer has finished. As soon as it is complete, CTSSC will ad sad as to the pretsentation date. She is targeting toward first weak in Junes the loading zone issues Biles said they we able tN There will not ~d any additrmation on loading zones . n with the Deputy CiY at t the prose atioi.. She Manager re ding the Walnut blem. h 1 s~ ,Y 1. 4'2?kk.'31y `ierymj} 9:apdocs\59128 1 i p ORDINANCE NG, AMENDING SECTION 34-115 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, (C)(4) OF THE CODE OF ORDINANCES PROVIDING FOR THE CITIZEN'S TRAF-MMISS APPEALS ION ' FIC SAFETY SUPPORT VING PARK NG TO HAVE FINAL AUTHORITY OV VIDING LOT/DRIVEWAY PERM TS) ANDEPRO AND VARIANCES INVOL 1 FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: # cFC^TION I. That section 34-115 (c) (4) of the Code of ordi- nances is amended to read as follows: i } (4) Retrial of permits) appeals and variances. An applicant may appeal any denial., condition, or limitation of a permit to the Development Review Committee. If the committee upholds he may refusal, appeal condition or limitation, the applicant Commission j to the Citizen's Traffic Safety Support (CTSSC), wl4ch shall make a final determination. s An applicant may seek a variance from any re- ~ • quirement of section 34-115 from the CTSSC, which shall grant or deny the variance in accordance i with the criteria of section 34-7 (a). The may also impose conditions as provided for in section 34-7 (b). sxnTls 0~ N II, That this ordinance shall become effective im mediately upon its passage and approval. da of , 1991. E } I PASSED AND APPROVED this the Y 3 BOB AS BERRY, MAYOR 1 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY1 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I~ DATE: 11/06/91 I 1MCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Contract Between City of Denton and Philadelphia American life to f Provide Health Insurance Coverage for Employee and Dependents j RECONMEN It is staff's reca w,:endation that the City Council enter into a contract j j with Philadelphia American Life to provide health insurance coverage for , employees and dependents. The Philadelphia American program will provide employees with a fully-insured, *anaged health care program, with direct access to local medical providers. SUMMARy:. on April 18, 1991 the City Council awarded a contract to Coopers & Lybrand to evaluate the current health insurance plan and develop alternative options to meet the City's long ranee goals. Coopers ind Lybrand was t retainer', to work closely with staff and the Employee Insurance Committee to develop a health insurance plan that would meet the City's long range cost f f objectives and increase joint and cooperative efforts between the City and local medical providers. The objective was also to attempt to expand employees' access to local medical providers. Discussions with the Denton Independent Physicians Association (DIPA), North Texas Medical/Surgec!is Association (NTH/8), Denton Regional Medical Center (Denton Regional) and Denton Community Hospital (HCA Denton) provided quotes for medical services that are substantially discounted below current health insurance program costs. Upon the completion of our negotiations with local medical providers l and appropriate Dallas/Ft. Worth metroplex hospitals for tertiary services, II we solicited bids from insurance carriers through advertising in the Denton f Record-Chronicle. Final bids were due on October 28, 1991. Philadelphia American submitted a bid for a fully-insured, managed care program with a plan design and costs that are more suited to the City's current and long-term goals. Sanus did not respond to our final bid, due October 28, 1991. Attachment A shows a comparison of the two plan designs. The consensus of the Employee Insurance Committee and Mr. Dave Palatiere (Coopers and Lybrand) was that the Philadelphia American program is the better alternative. The Employee Insurance Committee's ranking of the bath programs resulted in a recommendation to terminate the current Sanus/N.Y Life program (see Attachment B), B~CKOROUND: December 1, 1990 marked the beginning of our second year with Sanus Texas I Health Plan. As we began to prepare and examine our options for the 1992 plan year it me increasingly apparent that there were several critical issues which boff had to consider, These were: gAYfeY1j! . I I I I i I I November G, 1991 Memo to City Council on Employee Insurance Program Page 2 o Possible Sanus/New York Life rate increase for 1991/92 plan year of over 23%. o Lack of participation in our current program by local medical providers, in spite of Sanus' continued efforts to recruit more local physicians. ' j o Apparent significant easing of the local provider market with t potential for negotittirN directly with the City for more i favorable rates. o The need for the City to continue to develop long term strategies for providing cost effective health insurance for j' employees and their dependents. I Sanus provided a preliminary estimate of 23% rate increase for the 1991/92 4 Budget year. In a letter from Louie Heerwagen (Sanus Texas Health Plan), shortly after open enrollments for the current plan year, Sanus suggested i that an alternative to maintaining the current rates is to reduce health E ' insurance benefits. These issues were discussed and evaluated in the Employee Insurance 3 Committee (EIC). in keeping with the City Council's suggestion that the City work very. closely with ocher employers, where possible, to build mutually advantageous relationships with local providers, staff continued to explore ways to accomplish this objective, As the decision to place the City's employee insurance coverage with Sanus was made as a long term solution, and po)sibly a short term transitional solution from the City s health insurance problem, staff recommended that s comprehensive evaluation of the program be conducted to develop future alternatives; carefully assess each alternative; j h E and determine how they compared with our current program with Sanus in meeting our immediate and long range goals. The employees' primary concerns were lack of participation by local medical providers in the Sanue/New York Life health Insurance program, and the increasing cost for employees and the City, secondly, administration cost j charged by Sanus/New York Life was unusually high and had some adverse and indirect effect on the cost of our plan. As it became apparent that local providers appeared to show a significant level of interest to contract directly with the City at favorable discounts, staff recommended that Council approve a contract with Coopers and Lybrand to explore this alternative. Mr. Dave Palatiere (Coopers and Lybrand) was therefore retained to assist the City in negotiating favorable rates with local medical providers. 1 I' 1 November 5, 1991 Memo to City Council on Employee Insurance Program Page 3 Following extensive discussions and negotiations with Sanus/N.Y. Life, some locV medical provider groups, and metroplex hospitals, Mr. Dave Palatiere developed and presented to the Employee Insurance Committee f the following two alternative programs: 1. Renew the current Employee Health Insurance contract with Sanus/New York Life. This alternative represents: i Renew the contract with Sanus/New York Life for a December 1, 1991 plan year effective date at a 2% rate increase for Sanus HMO Only, and an 8% rate Increase for Sanus Plus. y 2. Contract with Philadelphia American Life for a fully-insured, managed 1 care program (Network and Non-network plan), using negotiated contracts with local providers and selected tertiary care facilities within the Dallas/Fort Worth metroplex. This alternative represents: Nom-exclusive provider contracts with Denton Region Medical Center and Denton Community Hospital and increase availability s' of medical providers by including the two physician associations (Denton Independent Physicians Association and North Texas Medical (croup) and mental health providers, such as Psychologists, Psychiatrists and other Licensed Professional Counselors, plus medical providers in the Dallas/Fort worth metroplex for tertiary care services. f During the City Council work session of October 22, 199i, the Sanus/New York Life representative, Mr. Louie Heerwagen, indicated that they had provided d modified proposal, with a 0% rate increase on Sanua HMO Onl,( and Improved access to local providers (see Attachment F). This proposal never became an option due to some major plan design issues involved and their impact on benefit schedules. Secondly, our analysis of the proposed C% rate increase on Sanus HMO only indicates the overall Sanus/N.Y. Life cost would be lower s by $10,668. Thus, the Philadelphia American Life option is still a more cost effective option. Additionally, according to Dr. David Yoder, Sanus/N.Y, Life has not contacted local medical provider groups to confirm j any agreement on the part of local providers, Thus, the issue of provider accessibility has not been resolved by Sanus/New York Life. i The Employee Insurance Committee evaluated the two program options (Philadelphia American and Sanus/N.Y, Life) to determine which of the two programs better met the City's current and long range goals. The Employee Insurance Committee evaluated both programs based upon the following five criteria: j o Stability of Program o Availability of Providers o Quality of Service o Costs and Affordability o Plan Design ( Y" Y.A A 1 f 44ag November 5, 1991 Memo to City Council on Employee Insurance Program Page 4 Members of the Employee Insurance Commi'ztes met with employees in their work areas to discuss these options. The overall feedback from employees' and their dependents, concerning experiences with Sanus was less than satisfactory. The overriding consensus of the Employee insurance Committee can is Palatiere (Coopers So and better alternative Lybrand) for the City and employees. itiprovid s: option Dave o Access to both local hospitals - Denton Community and HCA Denton o Access to Dallas/Ft, Worth hospitals for tertiary care not available in Denton o An:ess to both physician and medical providers (DIPA and NTH/S Group, and ofjlar independent physicians and medical providers, including mental reimbursement schedule Health providers who agree to abide by the negotiated) opportunity letter fo rmore shown local Attachment medicalcn It represents a bette professionals participate elim inates e unnecessary City's health and subsequent , specialist referrals. 4 o A plan design that is both affordable and offers comprehensive health insurance coverage under a fully-insured, managed care arrangement - cost effective for the City and premiums for employee's dependent coverage that are lower than under the Sanus/N.Y. Life Program A o A plan design that will prevent adverse selection. Y 1 111 ~ Additionally, our analysis of important, plan design criteria and their possible impact on our cost objectives are clearly met with the Philadelphia American alternative. The net cost of the Philadelphia American plan to the ? City is lower than the 1991/92 budgeted costs rr3 shown in Attachment D. We have informed Sanus/N.Y. Life of the reAommandstioni of the Employee Insurance Committee to the City Council. hewn in Attachment E, Sanus/N.Y. Life has shown agreement to extend their current contract to ? cover us during the 31 days lag in December 11191, before the Philadelphia j American Life's contract goes into effect on January 1, 1992 (this is 1 j addressed as a separate i0m for City Council consideration), } it is important to ensure that the City can effectively and property manage the bang-term medical provider network and financial aspects of this new i proaram. Thus, as a part of our proposed budget for 1991/92 health insurance, staff is recommending that $4 per employee per month of the monthly premium be earmarked for the City to contract out3ide services to): ~l• . NYEU%yi) 1 it 1 i ~ November 6, 1991 Memo to City Council on Employee Insurance Program ; Page b E A. Manage provider contract within the network: a) HCA Denton Community Hospital b) Denton Regional Medical Center c) Denton medical providers (Denton independent Physicians Association, North Texas Medical/Surgical and other Licensed ; Professional Counselors) ' d) Harris Methodist Hospital j e) Harris HES f) Humana Medical City B. Perform financial management: ; Monitor plan financial status and produce monthly revenue and expenditure statement r C. Manage claims data: Perform statistical claims analysis regarding plan utilization e.4 appropriate { D, Report to City Council annually Future contracts for these services will be brought before the City Cnunoil with a proper recommendation prior to proceeding with these services. Thus, it is staff's recommendation that the City Council: l f o Terminate the current employee health insurance contract with Sanus/New York Life effective December 31, 1991. o Contract with Philadelphia American Life to provide a fully-lnsured, a i health insurance coverage for employees and dependents, effective { January 1, 1992. o Authorize staff to proceed with preparations for employee open 1 enrollment in November and December, 1991 to effectively communicate the new coverages and costs and ensure an orderly and smooth transition for the January 1, 1992 plan yop effective date. i o Implement the new program with an effective date of January 1, 1992. I PROGRAMS, KPA_RTMIENTS OR t3R0UP AF EOTI The City Health insurance Program covers all regular, full-time and part- time City of Denton employees in all departments. pn, x:~~>uvt , i i i i November 6, 1991 Memo to city council on Employee Insurance Program Page 6 { FISCAL IMPACT; The City has budgeted departments at $179.09 per month to cover each { employee. The total City budget for the health insurance program for the 1991/92 Budget is $1,814,961 (Attachment D). The costs for the Philadelphia American program are within the budgeted amount and are estimated to be $1,136,841 (shown in Attachment D). 'I Respectfully Submitted E Lloyd V. Harrell s City Manager ! November 6, 1991 j Memo to City Council on Employee Insurance Program Page 8 Prepared by: f ! i Thomas W, Klinck, Director Personnel/Employee Relations Appr ! ! Bet cKea ;,,u, ctive Director for Municipaces end Economio Development i j cmrp1291.prn 10/26/91 (3) I l i I ~ 4 crry p,• oRi4I'Ott ATTACHMENT A PWpPOSW PLAN DSWN ODWFAWISON Odow 1991 PSIn.ADBLpWA AMEN SQKiLB PLAN - SAMUS PLUS NRfMrORSL 1'pN tiB[MAII= HMO NOW OAK HMO ONLY VMS $ISNi~it $S00+ $250 ~ !Cr 0!~ y1SrC3: f IShioit $7/vial ♦ t0120x DLMai~ "d vootNO0+ ► Mi►%-roy, oorfial $ IS/ proooda*, Na. No ckaM No Cbrrp Not Covww s~BVBN'TIVS CA1RBt wdl-bal am rood'r sw&y vp w 10 $700 • WAS i itooJAd~loo $27SIAdo- s+loo • tOno% loox IM+IMr RI-Hos"TAL TPJATMVT w/pkkes"t $SOhlwit f100 • t0120x ylo/viOit y40lvialt oCyAMoprr CAWL y Raom Ifa tam of a "two" or ow"m sod wet Cewond Inam, Not Cowrod $IOO/dod. No Cwmted $solet L f7~m.atio pN DRUG, $21domiw $lWbrood i d" sum a $7 onrO (Hsw chojoe Wood do ON (FAkerd) »rollrNtat) $1,500 ded. wo $6" ($250 400 t' Mpr01dUM ANNUAL f Orr-Or-roct~: 1 i a.. =x VA. 4 i I i ATTACHMENT 8 CITY OF DENTON HEALTH PLAN SUMMA!!Y October A 1991 t n st iMMAgY OF HEALTH PLAN ALTERNATIVES . Tic health plan alternatives have been summarized below in terms of high, medium, and low level of satisfaction. Philadelphia C o pgnent SAM America Degree of Stability Low.-Has historically High--Plan includes proven to be unstable physicians from Denton ? due to lack of suf- Independent Physicians ficient providers and Association (DIPA) and, provider continuity. !North Texas Medical/Surgical (NTM/S and both local i .,Concerned about hospitals, continued instability and continuity of phy- i sicians. f Availability of Low-.Per EIC, availability High-.Plan includes physicians Providers has been poor due to lack from DIPA and NTM[S and of sufficient physicians both local hospitals. No offered through HMO plan. gatekeeper requirement. Gatekeeper requirement. Open to any pharmacist One Pharmacy, agreeing to be part of Network, ' Quality of Service Questionable.-Per EIC, High--We, believe ality will there are significant improve given physseian s quality issues--waiting time, representation and avdabWty physician referral. issues. Affordability/Cost High 0 High • 24 HMO Increase • Rages approximate • 8% Sanus Plus Increase Sanus composite, i • 2nd year rate guarantee Rate guarantee o(14% - Loci) o mars ye 61 cal physiciam /yr. Plan Design High High EIC Recommendation Terminate Program Implement Philadelphia i American program with single 3 plan. 2 1 t I1r I 1 i ,t Attachment C CITY OF DENTON MEDICAL PROVIDER AGREEMENT LETTER JANUARY 11 1992 - DECEMBER 31, 1992 i V E 1/We desire to become a network provider of the city of Denton health insurance program under the Philadelphia American Life Insurance Company health plan. In doing so, I/We agree to the ; following arrangement: (medical provider name) o I/We agree to accept payment as full payment and will not balance bill patient for charges that are in excess of schedule amount o I/We understand that contract period is January 1, 1992 through December 31, 1992. o I/We agree to be a member of the Network for one (1) year and will provide Philadelphia American Life Insurance Company with a 80- day advance notification if 1/we leave the Network for any reason. f o I/We understand that Denton Regional Medical Center, Denton i II Community Hospital, Harris HEB Hospital, Harris Methodist Hospital and Humana Medical City Hospital are the City's Network hospitals and, hence, City employees have a financial incentive to utilize these hospitals. 1 Name/Address r Data In addition, please provide the medical provider/tax identification number a copy of your license and identify your specialty/group, if appropriate. { Provider/Tax Identification Number; Pleas mail your signed agreement to Me. Dale Klupach Corporate Accounts Manager i Philadelphia American Life Insurance Company i 3121 Buffalo Speedway, 7th Floor Houston, Texas 17098 s P j INS92A.WKi ATTACHMENT D 10/13/91 1991/92 REV: 10/28/91 HEALTH INSURANCE BUDGET (OCT 1, 1991 - SEP 30, 1992) FUND ;AUTHORIZED; BUDGET ; BUDGET ; TOTAL BUDGET ;POSITIONS ; 3 MONTHS* 10 MONTHS** ; (12 MONTHS) , ' i(OCT-DEC. 91) ;(DEC 91-SEP 92)f(OCT 91-SEP 92) GENE,AL , 612 , $262,671 ; 2826,214 , 5 r r r r RECREATION ; 3 ; 51,639 ; $40841 $6,380 ' 141.3 ' $72,491 ; $228,016 ; $300,507 ELECTRIC r 120,6 $61,871 ; $194,612 ; $266,484 WATER/WASTE WATER ' ' $109,627 SANITATION 61.6 i $26,421 $83,106 WORKING CAPITAL r ; 20 ; ;10,261 ; $32,274 ; $42,636 r GRANTS i 6 i $21666 $8,069 i _ $10,634 i ' --i-~____-_-------i---------------, TOTAL i853.4~ $437,820 , Si,377,i32 Sif814,961 * 3 months a $171.01 per employee per month 9 mofiths 0 $179.30 per employee per month, and does not include 9 new fire fighters positions budgeted from June 1992 _ f 1 1 v 1 i i j PROJECTED ATTACkMENT D INS92A.WK1 1991/92 10/16/91 HEALTH INSURANCE COSTS rev: 10/28/91 ALTERNATIVES SAVINGS ADDITIONAL ! FUND iAUTHORIZED,SANUS/N.Y.LIFE*l PALICO** + ; TOTAL BUDGET ; AMOUNTS ' , ;POSITIONS ; 12 MONTHS 12 MONTHS 12 MONTHS iFOR DEC '91 91-SEP ==-I----------- 92 '(OCT 91-SEP 92)i(O0T 91-SEP 92)11 ' -O-- - °c' $1,041,423 ANSITION ' i°---47,462 612 , $1,088,888 , i , ' $278 i r GENERAL RECREATION , 3 $8,38b i ;6,102 ;13,099 , ELECTRIC ; 141.3 ; $300,607 $287,408 ' ;11,180 120.8 ; $268,484 ; $246,304 WATER/WASTE WATER $4,774 SANITATION ; 6116 ; $109,627 ; ;1040763 20 i $42,636 i $40,681 $1,864 WORKING CAPITAL i $10,834 , $10,170 , $484 GRANT POSITIONS 6 , ; $791110 i $111119 863.4 ; 31,8140961 ; ;1,736,841 ; i TOTAL $87,981 TOTAL SAVINGS *SANUSnths . e LIFE ALTERNATIVE RN employee 3 months * $171.01 per employee per month; **PALICO ALTERNATIVE - 3 months a $171.01 per employee per month with Sanus/N.Y, life; then, 9 months • $189.00 per employee per month with Philadephia American i + Philadephia American Life Insurance Company I i L l { r I MAC11RY n INS92A.WK1 HEALTH INSURANCE PROGRAM 10/16/91 DECEMBER, 1991 COSTS ESTIMATES rev: 10/28/91 30 DAY COVERAGE EMPLOYEES & DEPENDENTS CATEGORY NUMBER CURRENT NEW RATE RATE DIFFERENCE TOTAL HMO ONLY-(3%) ! EMP ONLY 82 0.00 0.00 0.00 0.00 EMP + SPOUSE 31 91.03 102.72 6.69 176.30 EMP + CHILD 64 38.34 41.66 3.32 179.41 EMP + FAMILY 74 169.67 167.88 8.21 607.70 ______241 136.60 139.29 3.6A 869107 _ ---__w.. I Sub-Total 1,852.49 i $ANUS PLUS (8%) EMP ONLY 337 2.44 13.26 10.82 3,846.34 EMP + SPOUSE 29 184.67 210.07 26.40 736.60 EMP + CHILD 127 86.46 '.03.98 17.63 29226.31 E EMP + FAMILY -__~--_21_ 307 81 343.06 36.24 740.04 614 179.36 183.09 3.73 Sub-Total 91288.61 --w-_---_-- i TOTAL ADDITIONAL COST - OECEMBER, 1991 =11,119.00 { December, 1991 transition, 3% HMO increase & 8% Sanus Plus increase amounts cover City increase for Employee only & additional amounts ' for dependent covereage during December only } i p. wY...r •~nl RSA=..r MV r -~ee.~r .".rte:. r..j..a.z-s.56WiN?:♦k5i~?.~rvFk~'fa~a.+OxfilHTE+.m1~.Fy/ftAW"lilS34.Y~M~SFS~''~~Mi• i I, • • Attachment E IIDO tyMporl P.Aw.r SAMSM. X~2214) ~n AAMWYXkL*C*'MWW (W") MM nM MAUN FW4, W October 8, 1991 Mr. Dave Paladere Coopers do Lybrand 1999 Bryan Street Suite 3000 Dallas, TX 75201 j RE; City of Denton Dear Dave, The Purpose of this letter is to provide rates for our enhanced proposal should the City elect to continue with Sams, extend the current program through 12/31191 and implement the new Sanus i plan 111192, ? This revision includes the increased major medical benefits, two year rate guarantee, and includes compliance to House Bill 2, t Should the City elect to terminate Sus to implement the alternate plan but desire w extend the an ` current program through 12131191, we will extend for that period for the following premium III Increase, SanusPlus + 8% 4 1 HMO Only + 396 Please let me know if you need any additional Information, i , Sinc'e~rnel Louie Heerwagen Senior Group Sales Representative LH;vb i oc: Ike Obi, City of Denton Tom Klinck, City of Denon Candy Rudy, Sanus i a 1 ' -Watfa1 Wdah L WOWWO I W4W • M&YIWW • MWOW 4 New A" 4 ti" Yak f WJWA 0 Wbhlno" D.C. A SANDS CORP. COAIPYINY Aff0tod WEh NEW YORK LIFE INSURANCE COMPANY I.iN ✓ IU. :q ,h Attachment E SANDS PREMIUM RATES City of Denton Contract Period; From 111192 Through 12!91192 Salter Getup Swiss Reprfaefltadve: Louie Hea^RniSea ACTIVES E1 RWYO EM WYU Data= t nrAMMUYY ONLY SrMw (OR OM (MMM QWAS $M.4O M3S $121.62 S2MA $103.61 S , :H►+dn, 77w Mowing guidetiws Pe" to We propow fa grow halm ca"rwt 1, r" Pnmiuoa rates abows as wlid for a Period of 90 days or dw cud of Ow w Cksdar pow W Norse, 2 t►MeMew Yost We he *A debt to wWdnw or revue Ab prapael grief a dw prapomd effseslw date by rreWeo take 3. ROCCO of chic proposal dote 001 condimte sa offer or iewly dwi coverage or burffu fare commenced, covens by SawslNew York 1Jfs mar ody begin upon first written epprovsi of rates sod covorye by an officer of Ssnus/New York We, As axle, any exlriq coverages should sa be wrvdnsud by you uarll *,,ml vecii& on is ghee by saMdNow York Ufs, lodkailag wAWAaca, and vedtyisy sus asd coverage, PrOP°md lwahh eowesge pka w may dwa 14% o! ag d, t your gs m viU od by your curse, Pdso7 FOUP i k mud apply for coverage if Them My 2S KNO4. Also, IM soplopts orr ko&CI wefd*tr e siigbk #mpmamplew by be kyte r In year aarad gbyroOup, then ates Fa t sro groups a( mom dwa 23 srigible srrsployase, 75% Met wall, S. 10 dw evert rise GW O LOW of eaoikd nrgloyem IS of dw effective 414 k km I" S0. geuafNsw York Uh Ismrws dw dgM to "in submisriw of w s wwy wed" evw4rK4 ou so sevemd Rvm, leef" heap Io uto sal W&, dw Caw date ud sxpaiew of if-a, 61) Pmv{df1 to w. g, The he prave s rarI spplie 4 sbk aa rhos I Pa dew dsw of eowas bwrsgt wd** be dewtiWoW oe dee bob of rs os w dusuudrin of to 7ee a }foc ectiw hvdw"I massed oa *A dew, E 7. Qww rawe we Weed a dw eeaw and vuderwAieg rive paovided for prepmoma of dek peopsaal. sa" Murves t es right so adjud she revs appikable on the cfkclive dew "M dtem be a awwrbi dwr%e ks vodhwridug smWor rearm informtioa abtalned rhraugb t1w emolfmM Proems, , , 1 RteeetlrlleetrYMiLL~ORAsf Its 1001 a v Attachment E SANDS PREMIUM RATES City of Denton Contract Period: From 1/1/92 Through 12/31/92 Sailor Group SOu RtpfeWtadve: Louie lieawafea E ENDWYEE EhOWYEE a VIDWYE9 a EMPLOW E , SPODE (OA Ow C>.1>wtl~l l'AAM.Y ~.Y , s QWAS 0313,07 5594.77 $475.01 $746.17 PLAN M35 D&S'ICr1~1 Oi 0214.14 0407.02 $325.0 0510.61 I 71;e fotlovUV rAhtInn pwaefa to We propow for Imp bahh coven": 1. Ytee pnmlum "M aw" an va1W for a perw of 90 aye of the, end of I'm am calendar q"rw If waver. 2. SaouafHsN Yost S3k has the r If t to tviUraw or reviea We proponl pr,- t to dw proposed afkcdve dW by wrilka I a0eke 7. Realpe of this pmpoW do" so caoyYaw a offer or 6apty dw coven" or berrefu bees Coroaneaeed, Cowrale by Saa✓ykv York Llk may only basis upon Dal wriaaa approval of nke end coven" by r afyrcer o(faaue/New Yost Life. M each, my Walva tovenjea "Id ow be IarminauA by you uaW formal ewdfkaeioe k sfven by EuudNO* Yort Lk, Indkalial secaptaau, and weifyWl nut and town", 6. If rout proposed fella plan will toully replua your Current primuy Iroup With Coverw plea, so more drat 20% *(W enrolled employess racy be covered by other Mos. Alw, aU employe" *1101a tart apply fof eovaeya if tkare an 1S or kwer t4lble a"Wyesa W Your frrwV. For Irape of ants tba 2S sUltbk srapioym, 7S% anew wW. f S, let Ow twee du AW amber Of tn(OI d empleyaa u of den Iff"dw 464 is low *a $0, SuM04w York We newts" We do a ssqube eubmlulon of ssttadeNay K Wkol evldeaee, on all covered Lvse, before Ieaup eovera/e ewy 6"W. 61 TM pnalom raw Ilona in thin pmpoW wan based upon ie cso.Ie dW awd elperleaee Of Wlkabk) provld~d to W, 7u raw applkaae eta the afkedva dW of coverage will $1 au mined oo the back o( *s aaew thirmurletke of W lndiviaak laurel a that &U. i 7. QuoW reua an bawd on dM saws and aaderwritletl ate pmvked for prepamW of dila pmpoW. Saw me" dre ° HAI 10 adjust Ibe twee applkabls on the efkcdw au "M IMn be 1 outeriai eba/e W traderwrWal aad+ot «aw Infoneme" obuhed &roulb dM enrollmeal process. i i t ' *1N11 Vo,rhWar~AW I1, IsA I E ' Attachment E SANDS PREMIUM RATES ` CITY OF DENTON Contract Period: 1/1/92 through 12/31192 Senior Group Saks Representatives Louk Aeerwasen E' gdireps over ~ !l.Ah1 RErIRF.>l3; RMOUN A RETUM A REPIRIP.E R RRTMU • Di+. GNN n S IOIL= ONE R FAAfII.'Y RAMMY CRMDM (IM SANUS HMO QWAS $110.02 $228.03 $440.03 5436138 1656.41 SANVi1S xN►to M~5 $75,27 $158,54 $301.09 fZ98,S8 $449.12 k- I i The fo6ow•lag guidelims penaln b Mb proposnl for {roue habh coverage, 1I 1 7U preodum »w town are valid for a period of 9o dayi of" end of the etc Wend" quarter if footer i Samw'Nsw York Ufc has the right to w*Atow oe revin this proposal prior to dos proposed efGnlve dMS by waive 1 Masks. g, we* of" proposal dos oot rowriho use offer a imply MM covarop or berneflu Ism comrwwM. Coverage by bsaua?lew York Uh may only beglm upon 6ra1 wrbeea approval of nwo and eov<rW 4 in offker of S&wmftw Vat LNi. M such, say existing coverages should o" be wmtmW by you until formal wolbatian is given by SawaMew York Life, IedkstiM accepssoce, and va ifying raw and coverage. 4. If your proposed Saws plan will wally repisee your currsat primary group Mom covert's pun, no more a" 20% of alt ell l exist appl7SItor % coveraadf tiara an 23 enrolled errrploysa wy be covered by other RMOe. Also, oRiployese. of fewer eligible twloyeee In your group, For groups gIbk raV lm, must t. S. to dos evRnt dw final number of enrolled employsa is of Me sf ecdve date is kw Max 50, Sarws/Nsw York Uts raervea dos rlgh m "Its wbmkslon of asiefiowry m odkd evidence On asp eoverad live*, before group coverage may legla, 6. The premium rota t6own to No proposal were based upon dse ceruus date and enrpsrkncs (If applkabk) peavlaw to on. TM row eppr.kabhe on dw effective dw of eovetoo wip U determined w the bale of dos reo" chawle Mks oP Y wwwuab WOW tee that date. T ported rota era based on dw oerws trod tmdertvritlog dau provided for praperuioo of dds proposal. Sews *MvN Mt 4M to Wjuot the ma appikebk no the effective due &mW there be a owterid change In urderwrkieg wwor ewsee Infornutioa obat•ad +hrougb dos M aMfli praese, A Alt r.,. k i OCT-28-91 MON 13533 SANUS P.02 . ATTACK TENT F S! M f r TaOaiill~ ! MS 1~~ 1p01r1 , A***htNt?vVvw etl~t~i y Cictober 211 1991 Mr, Dave pala#en Coopers & Lybrand I 1999 Bryan Street Suite 3000 Dallas, TX 75201 Dear Dave: The purpose of this letter i3 to enhance our proposal to the City of Denton for 1211191 or 111192 The 111192 rates Include HB2, i As we discussed: i 1. HMO only rates for 1991-92 will be equal to current HMO only rates i (0% increax). 2. SanusPl-is rues with enhanced benefits will be an 8% Increase, , f 3. Premium rates will increase no treater than 12% for the 1211/92 or a 111193 renewal, 4. Wo will make available the list of Denton primary can physicians who have agreed to participate in your network and agree to pay them the same fee schedule to offer a $15/copay 2nd network in the SousPius Plan, In this approach, employees in the SanusPlus plan can use ; $anus LIMO doctors for a $7 copay, the special Denton list for a $l$ copay or go to non network physicians for the deductible + 20%, We Wove our proposal provides the following key elements: • Affordable premiums to the City and the Employed Sanosplus Pilo HMO Only Plan +0% Increased network Physician Network Access i i 014064 wo'nl+ c ►bviw M61446 WW W I New may ;'tww Yat ; VA04 # W"' N 4t n D,0 , A $00 tom. COMPANY AIN411tl WA NEW YOW Cft #4k*ANU GOWW • Attachment F Mr, Dave PAlI kra OM W 21, 1991 pate 2 o Improved OWor ntodical'oe"fit of sanusplut plot provides more aftord+ble access a we oetwvk phys MA4 ! • Admlttlstratlve burden of changing amen ellmin8ted• • Proven relationship with established program Provides City SwAty for multiple years. Rate ineraise guarantee 12/1/92 no mater than 12% incre0e, please let me know it you have eny questions regarding this enhancement, Sincerely, LOAD Heerwagen Senior Oroup Sales Representative LH;vb i L F P. 04 ..uu F_`o-ya'. wUN: ib:S4 SANUS Attachment F PR>FJ►QUM RMMN ATES ACr`IVFS (Q4VAS) (M33) w4c ONLY SAHUS PLUS S196.35 $115.60 Employee $393,16 $232,63 j Employee + Spouse Employee + Childrea $287.07 $173,94 Employee + )Family $526,14 $295.27 I` i RETIR S Non Modkars ) (QWAS) 4~f35) SANUS PLUS HMO ONLY fi Employee $302,85 $204,11 i Employee + Spouse $573.89 MCC'? 1 Employee + Children $459,11 53094E Employee + Family $719,97 $485.32 Medicare ) I gQWAP U5 (HMO ONLY t $106.15 $ 71,54 { y On 2 On $212,31 $143.09 1 Or, 1 Off $424,58 $286,15 l On, I Off + Family $631,U 4 2683,88 20a + Family ,79 j k YnYt Y%~ 4 et $\PaUcoro 906 i ORDINANCE N0. y 1 AN ORDINANCE ACCEPTING COMPE'T'ITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR THE PURCHASE OF EMPLOYEE GROUP HEALTH INSURANRCE TO I THE PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY) PROVIDING t EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. f has solicited, received and tabulated WHEREAS, the city purchase of employee group health k competitive bids for the 1 insurance in acCOrc'3nCe with the procedures of state law; and ; WHEREAS, the City Manager, his designee, and the City's professional described below is the lowest responsible bid recommended that the b purchase of such insurance therein described and the bid invitation, bid 3-, proposals and specifications Ir council has provided in the city Budget for WHEREAS, the City purchase of the the appropriation of funds to be used for the p d and accepted herein; NOW, THEREFORE, insurance policies approve THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN5s ' it SECTION Z. That the bid of Philadelphia American filth LifensuranceXnau-, i range Company for the purchase of employee group the as described in the plans and speaiidaaacording to of bid rifumber of the City's Purchasing Agent file policy and amendment 1 assigned thereto, and nd in in accordance the prices the numerated in Exhibit B, is hereby accepted and approved attached hereto Exhibit as being the lowest responsible 1 bid. That the City council hereby authorizes the ex- il pure f i penditure of funds in the manner and amount as specified in the , agreement. N That this ordinance shall become effective attel YII• immediaately upon its passage and approval. of , 1991.. PASSED AND APPROVED this the day i BOB CASTLEBERRY, MAYOR ` F 1 i I 1 , ATTEST: JENNIFER WALTER5, CITY SECRETARY S i BYi APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTO1tNEY { l BY= .i ~ k I i f PALL 2 f ~ns.'.:TR lF 1 i Philadelphia American life Insurance campanU HOME OFFICE•ONE INDEPENDENCE MAIL PHILADELPHIA. PENIN'S)L\A`IA 10111h ADNIINISTRATIVE OFFICE *RO. BOX 2465, HO0TON, TE\A5""2i? 1 (herein called the Company) ' a t r ',r j Contractholder. ~YY7 Compang. 1 { Contract Number: ~1?345 Clarch 1, 1985 contract Date: Contract .AnnivtrWY: (larch k Premium Due Date: First of each rtont3 I Consideration for this Contract Is the Contract holder's application and premium payment. The Company I ;I shall pay benefits according to the provisions of this Contract. i This Contract taS'es effect on the Contract Date. ` I This Contract is ;o~erned by the laws of the Stale of ~~rtcstate~ I i Ill Executed BI: I ~ i ( E i i Secretary Prealdtar 1 t i GROUP ACCIDENT AND HEALTH CONTRACT Non•Participatins -----Contributory r yi 4'RYfSk} +r7 n 5 I l TABLE OF CONTENTS 1 ' PROVISION PAGE NUMBER DEFINITIONS 1 EFFECTIVE DATE OF A PERSON'S COVERAGE i' r TERMINATION OF THE INSURED PERSON'S COVERAGE t EFFECTIVE DATE OF DEPENDENT'S COVERAGE 5 1 } TERMINATION OF DEPENDENT'S COVERAGE a TERMINATION OF THIS CONTRACT COMPREHENSIVE MAJOR MEDICAL BENEFITS ' L COST CONTAINMENT BENEFITS .y EXCEPTIONS fEDICARE BENEFITS WITH MEDICARE FOR COORDINATION a ItiATION OF ~ F PROVISION PROVISION FOR COORDINATION OF BENEFI i S CYDER THIS 1 CONTRACT WITH OTHER BENEFITS 1 , EXTENSION OF BENEFITS j CONVERSION PRIVILEGE r l GENERAL CONTRACT PROVISIONS 1 PREMIUM k APPLICATION e ,t F y J } 1 f 6J66 2 11/84 F1F:~;Yerp~ LI JM. i i ' r DEFINITIONS i "ACTIVELY AT WORK" means that on the date the Person's coverage is to take effect he is not absent from frill time work at his regular work station due to an Injury or a Sickness. This definition is applicable only to a grout written on an Employer/ Employee basis. ".ACTIVE MEMBER/FARTICIPANT" means the Person is a member in good standing with the Contract. holder. This definition applies only to a group written on a Slember/Parilcipant baslsr t r'ANIBULATCRY SURGICAL CENTER" mean a facility which; (1) may or may not be a part of a Hospital; (2) meets the following requirements: la) it is In compliance with the licensing or other legal re zuirements in the state where it is located; (b) it is primarily engaged in providing facilities for the perfor- mance of surgery on its premises; (c) it has a licensed medical staff, Including Physicians and Registered ` Nurses; (d) it has a permanent operating room, recovery room, and equipment for emergency care; (e) it has an arrangement with a Hospital fnr immediate acceptance of patients who require Hospital care following :-eatment in such center; and (f) it does not provide services or other accommodations for patients to stay a% ernight, .'BIRTHING CENTER" means a facility which: (l) has been licensed by the state in which it is located, (2) has rxentyfour hour nursing services by Registered Nurses and certified nurse midwives: and (3) has at least one Physi- nan on duty at all times. Such a facility must be operated for the purpose of providing: (1) care for patients during uncomplicated pregnancy, delivery, and Immediate postpartum periods; (2) care for infants born in thecenterwho are either normal or who have abnormalities which do not Impair function or threaten life; and (3) care for t obstetrical patients and infants born in ihecenter who require emergency and immediate Ilfesuppon measures to f sustain life pending transfer to a Hospital. "CALENDAR YEAR" means the January Ist of any year through the December 31st of that same year, ^ CO-INSURANCE" means the proportional sharing of payment of Insured Expenses (expressed as percen. f :ages in the Schedule) by the Insured Person and the Company, after satisfaction of the Deductible, if ap• r ticable. The percentage shown in the Schedule is what the Company will pay, l .'CONVALESCENT FACILITY" means an institution licensed by the state in which It is located that pro. rides the following supplies and services: (1) room and board; (2) nursing care under the supervision of a I ` Registered Nurse Ibut not private duty nursing); (3) physical, occupational, or speech therapy (if not provided f by the facility's staff, an arrangement must be made by the facility for the others providing the serviceL (a) medical social services; (S) drugs, biologicals, supplies, appliances, and equipment ordinarily furnished for use In such facility; 16) diagnostic, therapeutic, and emergency services provided by a Hospital with which the facility has an agreement for the transfer of patients and the exchange of clinical records; and (7) other set vices Necessary to the health and care of patients that are generally provided by such facility. ; —COSMETIC SURGERY" means any procedure or part of a procedure which is not Necessary for the restoration of function of apart of the body, -COVERAGE" means the benefits for which a Covered Person is eligible under this Contract as made bet. x ween the Company and Contractholderr. ..COVERED DEPENDENT" means the Insured Person's Dependent who is covered under this Contract. j „COVERED PERSON" means the Insured Person and/or his Covered Dependents who are entitled to benefits under this Contract, s , "CUSTODIAL CARE" means any care Involving supportive services which can be learned and performed by the average nonmedical person. It includes but is not limited to care provided primarily to maintain a good level of person hygiene and nutrition, to guarantee adherence to a schedule of prescribed medications and/or treatments, or to provide assistance with changes In bed and with the activities of daily living (firer, dressing, grooming and eating) or to protect the patient, F.1iSrS Ot nao~ t o~oe v t Mt a'aJ IJ''1 DEFINITIONS (CDntIDYed) "PROSTHESIS" means any device by which performance of natural bodily function is aided or augmented, provided that it meets all of the following requirements: 11) its use must be for the sole and specific purpose of treating the Injury or Sickness present and must not be of general use in aiding the health or comfort or preventive medical needs of the average person; (2) it must be of such Necessary type that the s ;annot be obtained through other means not requiring the "Prosthesis"; (3) in the case of special wearing ap• panel, it must not be obtainable in the absence of a Physician's recommendation and/or prescription; and t1) it must not be excluded elsewhere in this Contract. The Company reserves the right to determine uheiher the purchase or rental will be applicable, i' "REHABILITATION" means those procedures performed for the purpose of restoring the function of mo- tion, vision, or speech lost as a result of Injury, surgery or debilitating Sickness, "SCHEDULE" means item 9. of the Application, "SICKNESS" means a condition marked by pronounced deviation from the normal healthy state. a a ; ,SUBSTANCE ABUSE" means! (1) alcoholism; or 12) dependence on, addiction to, or abuse of: (a) alcohol; (b) chemicals; or (c) drugs,, "TOTAL DISABILITY" means with respect to: ( i ) the Insured Person that he is: (a) not engaged In any gain. ful occupation; and (b) compietely unable, due to Sickness or Injury, or both, to cnga/e in any and every gainful occupation for which he is reasonably fitted by education, training, or experience or (2) a Covered 1 Dependent that he is unable to perform the normal activities of a healthy person of like age and sex, ( The impairment causing the Total Disability must be characterized by anatomical or physiological abnot• ¢ malities, as determined by the Company, "USUAL AND PREVAILING" means that the charge is; (l) USUAL when it is the fee regularly charged. in the absence of insurance, oy a health care provider for a given treatment, service or supplies; ana i31 PREVAILING in relation to what other health care providers charge nationally for the same androt similar treatment, service or supplies, t t s} t 3 ; a 6466.5 i Date 3 11/64 i t Z i V EFFECTIVE DATE OF A PERSON'S COVERAGE t Upon the Person's written request for coverage, his coverage will become effective: H } On a non-contributory basis: on the date he satisfies the eligibility requirements, as specified in the ap- plication. 12) On a contributory basis: (a) on the date he satisfies the ellgibilky requirements. if such request is made on or before that date; (b) on the date of his request. if such request is made within 31 days after the date the Person satisfies the eligibility requirements: or to on the date specified by the Company, after it has reviewed and found the Person's evidence of in. , curability, which he has submitted at his own expense, to be satisfactory, if such request is made: (I) more than JI days after the date he satisfies the eligibility requirements: , s iii) by the Person who had loss of coverage because he had not made premium payments; or e i (iii) by the Person on re-employment or on renewal of membership, who had previously been re. quested to submit evidence of insurability but had not done so. If the Person is not Actively at Work on the date his coverage would become effective or on the date of any' ; subsequent change in the amount of benefits, his effective date of coverage or benefit change shall be the date he returns to active full time work of his regular work station, This paragraph applies only to Employers Employee groups. i i i If (he Person is not an Acti'~e Members Participant in good standing on the date his coverage would become 1 di fective or on the date of any subsequent change in the amount of benefits, his effective date of coverage or i benefit change shall be the date he is in good standing with the Coniracthoider, This paragraph applies to `Umber/Participant groups. ► y j j I l 1 • ~ i t i i 6466,6 page 4 11/84 _ _ ata~aar~ RW~iY~ t i TERMINATION OF THE INSURED PERSON'S COVERAGE L' Employer/Employee Basis: The Contractholder can terminate the Insured Person's coverage: (1) by giving written notice to such effect to the Company; or (2) by stopping premium payments. In th i event that the actions shown above do not occur, the Insured Person's coverage shall cease upon the ' earliest of: (1) his failure to make any required premium contribution; (2) his written request for termination; (3) his termination of: (a) employment; or (b) membership within the eligible classes; except when this Con tract provides benefits for redretes; or (4) termination of this Contract, except when he has a Total Disability and has applied for and been sp• proved by the Company for the Extension of Benefits Provision, 1 The Insured Person's employment shall be domed to have ended upon his cessation of solve wotk, This shall not apply If the Insured Person Is: E (1) on an approved leave of absence, subject to the Company's receipt of a written notice from the Con. tractholder of such leave of absence; (2) temporarily laid off; or (3) unable to work due to disability. For the three items above, his coverage may be continued from the date of cessation of active work for up to 90 days, subject to the Contract holder's payment of premium, i The Weekly Income Benefit, if applicable, shall be continued: t i (1) while the Insured Person remains disabled; or E (2) until his Maximum Benefit Is paid; whichever occurs first, Member/Participant Basis: The Contracthohitr can terminate the Insured Person's coverage; (1) by giving written notice to such effect to the Company; or i. (2) by stopping premium payments, In the event that the actions shown above do not occur, the Insured Person's Coverage shall cease upon the earliest of: (1) his failure to make any required premium contribution; (2) his written request for termination; (3) his termination of: it) membership; or (b) date the date he is no longer a member in good standing; or (4) termination of this Contract, except when he has a Total Disability asd has applied for and been ap• proved by the company for the Extension of Benefits Provision, 6466,7 page $ 11/84 EFFECTIVE DATE OF DEP£NDE\T'5 COVERAGE upon the insured Person's written request for Dependent's coverage, his Dependents coverage rill become effective: 11) on a non-contributory basis; on the date he satisfies the eligibility requirements; as specified in the ap- plication; on a contributory basis; (a) on the dace he satisfies the eligibility requirements, if such request is mad on or before that date; N on the satisfies date the of f his request, if such request is made within 31 days after the data the Insured Person eligibility requirements; or (c) insurability. lµhitch the yInthe Company, afier it has reviewe and fund su Insured Person has submitted of his o n ex pensee,eto be satisfactory, of such request is made, (1) more than 31 days after the Dependent first becomes eligibiled for coverage; I j (ii) by the Insured Person who had loss of coverage because he had not made premium payments; i or S teii) by the ensured Person on re-employment or on renewal of membership who had previously been requested to submit evidence of insurability for the Dependent but had not don so. uld ective If the Insured Person is not Actively At Work on the date his Dependent's cove age woe d become of f verage or or on the date of any subsequent change in amount of benefits, his tl benefit change shall be the date the insured Person returns to active full time work at his regular work station, This paragraph applies only to Employer Employee groups, if the Insured Person is not an Active .MemberiParticipant In good standing on the date his Dependent's :overage would become tffecteve or on the date of any subsequent changes to the amount of benefits, Ms Dependent's effective date of coverage or benefit change shale be the date the Insured Person is in good start. ) . ding with the Contractholder. This paragraph applies only to Member Participant groups. { under this Contract. only one shale be eligi• f I f both the insured Person and his spouse are eligible or coverage ble to provide Dependent's ,overage under this Contract. Once the Insured Person has Dependent's coverage in force, any Dependent subsequently acquired by the In- suted Person will be automatically covered under this Contract provided; 7 11) the Insured Person gives the Contractholder the information needed to identify such Dependent within 31 days of the date he acquires such Dependent; I 12) if any additional premium Is needed to add such Dependent, the Insured Person agrees to make such additional premium payment; and 1 (3) the Insured Person's Insurance Is in force on the date of such Dependent's addition, l Any Dependent wht, on the date his coverage is to take effect; i C (1) Is Hospital confined; t S I2) Is confined in any medical facility-, or (3) has a Total Disability; } t will have such coverage delayed untie; i (I) the day following the date of his final release from all such confinement; or (2) the day following the date he no longer has a Total Disability, This does not apply to a newborn child, since he is covered from the moment of birth, 11/64 6ab6 g page 6 i. t TERMINATION Of DEPENDENT'S COVEMGE } The Covered Dependent's coverage shall stop immediately upon the earliest of the following dates: (1) the date the Insured Person falls to make the required premium contnbution; j (2) the date the Dependent becomes an insured Person; t3) the date the Dependent no longer satisfies the definition of a Dependent, t (a) the date this Contract is changed to stop all Dependent coverage; (S) the date the Insured Person's coverage stops. except if the Dependent has a Total Disability and has ap- plied for and been approved by the Company for the Extension of Benefits Provision: or (6) the date the Dependent enters any military forces or any civilian non•.ombatant unit serving with any s military forces. f i 4 i 3 ' i t r4 1 't ~ I tsiaa 7 t tY166, 9 pale r I c f 1 TERM!!UTION OF THIS CONTRACT This Contract shall terminate, the id and the Contracthoider gales the.Com• l the premiums are pa on next premium Due Date, when 2" (l) pany a written request for termination; of the on the 31st day after the premium DuefD~u, when any u unpaid eived by premium the remains Company due at the during the end Grace written naive rec (2) - Grace Period; or on an earkier data I Period; or (3} on any premium Due Date when; , i (a) the total percentage of persons Insured Is less than % (p 1$010 of those eligible on a contributory basis, i (il) 100010 of those eilgibie on It noncontributory basis; or (b} less than 10 persons are covered. such notice to the on date may cancel this Contract on the 31st day after giving written 1 The Company Contractholder: written notice on any The Company may terminate this Contract, by giving the Contracthokder a 71 day f [ Premium Due Data t 'i J t { 1 t t F 4 k j r E r i r r g page 6466 10 t h II~ ` COMPIIEEiEtSIVE MAJOR MEDICAL BENEFITS rises a Covered Person incurs any of the following insured Expedue to an Injury Of a Sickness, the Com• h party will pay: (1) after the Dedu,tible amount, if any, has been paid; Ir (2) at the Co-insurance percent 131 not to exceed any specified limits; and I (d) up to the N1axlmum Lifetime Benefit Amount per covered person: as shown in the Schedule. INSURED EXPENSES (1) Hospital Expenses Benefits will be payable for the following charges, (a) the Hospital's room and board. up to the Daily Hospital Room and Board Limit as shown in the Schedule; (b! the Hospital's Necessary services and supplies; (c) a Physician's administration of anesthetics; and (d) local ambulance services, „ t2) Surgical Expenses Benefits will be payable for a surgical procedure performed by a Physician, I~ IJ1 Medical Expenses l Benefits will be payable for, (a1 Physician's charges other than those for surgery; ib) private duty nurs• 1 V tr4 atmetit chedule: (c) dr Bb and medicines which require a written Family in% for other than in-Patient wn inthe S (e) rimy, radium and up to the amount shown and are prescribed by a Physician; (d) diagnostic x-ray and laboratory services; radt of durable give isotopic therapy; (1) oxygen and rental of equipme ltbio~ts usblood.rerrteental sttsand ;hel oar Rehabilitation: t eatenent; lh! Re and medical equipment for therapeutic tr hab) administration; and (j) Prosthesis, except for charges incurred in connection with repairs, maintenance or replacement of n Prosthesis, due to wear, breakage or personal desire, I DEDL'CTIBLE CARRY OVER i Any Insured Expenses incurred over and usedt tthree monl~h~ of one Calendar Yelir, which are used to oward satisfying the next Calendar Years Deductiblesadsfy the Deductible, may be carried COMMON ACCIDENT if two or more Covered Persons in tale same with suchly nit sustain Injuries in the same accident, only one Deductible shall be applied if' ANNUAL AUTOMATIC RESTORATION OF BENEFITS On January 1st of each Calendar Year, any portion of the Maximum Lifetime Benefit Amount Pet Covered the Annual UP to person used In the prior Calendar year will aautomatically bereonde ~he Sfsntll of Nervous rDisordersoand as shown in the Schedule, Any Substance Abuse Benefit will not be eligible to be used toward this provision, AAFF r f JWF, >i 1 9 eau, PREEXISTING CONDITION LIMITATIONS t No payment will be made under this Contract for any Pre-Existing Condition until the earlier of f (1) six consecutive months within which the Covered Person has not received medical treatment or diagnosis for the condition. or (2) twelve consecutlve months during which the Covered Person has been Insured under this Contract, j This Pre-Existing Condition Limitation will be modified for a Covered Person who was covered under a prior i group contract of the Contractholder on the day Immediately preceding the Contract Date, and who are eligi. l ble for coverage urder this Contract, The time enrolled under a prior group contract of the Contractholder . ii will be credited to the above Limitation, 4 t Benefits will be payable at the lesser of: i l (1) the level of benefits available under the prior group contract; or (2) the level of benefits available under this Contract without regard to a Pre-Existing Condition. The Deductible will be modified to provide credit for any portion of the current Calendar Year deductible satisfied under the prior group contract, Only Insured Expenses covered under this Contract may be used In ;his modification, j t 'Y { I 1 6466.12.1 page 10 1186 i A a'itW6 C i l f MENTAL OR'NERVOCS DISORDERS AND SUBSTANCE ABCSE BENEFIT I s if a Covered Person receives treatment for mental or nervous disorders or Substance Abuse, the Company i will pay for the following insured Expenses after the Deductible has been paid: 111 Hospital Inpatient Treatn::a:. ; la1 at the Co-insurance percent; t Ib) up to the Daily Hospital Room and Board Limit; and i t y (c) up to the Maximum Number of Days Payable per Calendar Year: l.) Outpatient Treatment la) at the Cu-insurance percent payable; ibt up to the Maximum Amount Payable per, Calendar Year; and to up to the Maximum Number of Visits per Calendar Year; f' as shown in the Schedule. All of these amounts payable are subject to the Maximum Lifetime Benefit per Covered Person for dental or I Venous Disorders and Substance Abuse and do not apply toward the overall Maximum Lifetime Benefit 1 Amount per Covered Person. Before any benefits will be payable for such Substance Abuse, a plan of treat- ment must be prepared by a Physician, then submitted to and approved by the Compan}. j l 1 t r' I pae It 12/84 ' 666,13 R R'rRKlyd RTPIE`fENTAL ACCIDENT BENEFIT If a Covered Person sustains an Injury and Incurs any insured Expenses for the treatment of such Injury within 90 days of its occurrence, the Company will payt (1) at I OOo'o t s, i2) not subject to ,he Deductible and 13) up to the Maximum Amount Pagablet i as shoµn in the Schedule. G When the Maximum Amount Payable for this benefit has been paid, any remaining insured Expenses will become papable under the Comprehensive Major Medical Benefits, While under th., Comprehensive Major :i ' k Medical Benefits, these remaining Insured Expenses will be subject to all applicable deductibles, limits, maximums: I ~ l f I t ) 1 I ~ i j C i 1 t y I I { I i j &W. 14 page 12 12/84 WWI 1'Y O.i Mal I , { WEEKLI' IsCOM£ BENEFIT (Does not apply to Covered Dependents) } 't If the insured person becomes disabled as a result of an injury dr a Sickness and is thereby presented from performing the main duties of his regular occupation at his regular work station. the Company Wh pay: { II) on the Day Benefits Beglm ) ~V at the Benefit Amount: and i up to the Maximum Benefit; as shown in the Schedule. k hey are separated by at le Successive period3 of disability will be considered as one pnrioor 12) the latlertperiod results from causesaenare• s weeks of his full time acuve work at his regular work stauo ly unreiated to the causes of the earlier period and the insured Person has returned to full time actiwAotx at ; his regular work station for at least one full day between the periods of disability, i t The weekly benefits for ;his Contract will be paid on a pro-ram basis The rate will be I,'th of the Benefit Rate per day for any ;;trod of disability that does not extend through a full week, } i Benefits payable under :his benefit will not affect the %laximum Lifetime Benefit Amount per Covered Per. son' l t j 1 o- i 3 13: Ra mow IIA i 61F1i,1 ! I i$ ' y r I ORGAN TRANSPLANT BENEFIT } If a Covered Person is the donor or recipient in a transplant procedure for the organs shown below in List 1. t the Company will pay for Insured Expenses: ' 1 i I kl after the Deductible has been paid, J, at the Coinsurance percent; and (3) up to the Maximum Lifetime Benefit Amount per Covered Person; 7 " as shown in the Schedule, LIST Bone s .r Bone marrow 6 Cornea Kidney Skin EXCLLSIONS - Charges for the purchase, storage, or transportation of organs shown in List I shall not be an Insured Ex- pence, 1 No payment hill be made for any charges for transplant procedures for organs not shown in List I, i Insured Expenses %ill'ce paid for a donor unless provided for under; j 11) the recipient's ,,.tract; or i i any other contract, medical in origin or otherwise, i t j i i ~ i i i 1 6466.16 page 129 12/84 l I 1 PRE-ADMISSION TESTING BENEFIT If a Covered Person's Physician orders tests to be conducted prior to Hospital confinement for treatment, the company will pay for tests performed on an outpatient basis; (1) at WON and t o) not subject to the Deductibles as long as; (1) the tests are Necessary; 4 t.) the treatment is performed within four days of the tests, unless the treatment is cancelled because of a change in the Covered Person's health; and (9) the tests would have been performed upon Hospital Confinement EXCLUSION I Benefits will not be paid for any duplication of the same' ests after Hospital confinement, when not Necessary s 'h t I I 3 ;,I I I, E i i III ~ I , IL's 6466,17 page l2C thiWL4N t. I SECOND SURGICAL OPINION BENEFIT a surgical Procedure a Covered Person's Fhysician initially recommends that be performed, the Com• piny will pay; (1) at 1007°; (2) not subject to the Deductible; and 13f up to the Maximum Amount Payable per Surgical Opinion, as shown In the Schedule; n within forty-five days of the initial surgical rained from another Physician for any hYstcta second surgical opinion obtained t opinion. will pay: r When the second surgical opinion does not confirm the initial apinlon, the CorngnY t {I) at 10070; } (2) not subject to the Deductible; and i (3) up to the Maximum Amount Payable per Surgical Opinion, as shown in the Schedule; the for any third surgical opinion obtained from another Physician within forty•fi will not day pay for any subsequent opinion, When the Initial and second surgical opinions agree, the Company surgical opinions obtained. the performance of the Any second or third surgical opinion must be obtained p`ior to surgical procedure. The Physician making the second or third surgical opinion muse 11) be qualified to perform the proposed surgery; (2) be independent of any Physician who has Ilken an opinion; - i (3) not be the one •vho actually performs the surgery or'assists in that surgeq: and I (4) have no financial interest in the.outcome of these recommendations. ain a second or third surgical opinion for most procedures, a con t a Covered Person may or may not obt While is required for the procedures shown in List It, firming surgica! opini on a Covered Pelson secures a If a Covered Person does not S a will only pay are a Co insur nce surgical c500'e opinion It, the Company will duns in List procedures in List H, the Company ne of the r oce , r E p hird al S confirming second or t percent, opinion and undergoes o p i pay at the Co•insuranwill aY at thesCo•Insurnce Percent, ds shown In the eligible ScSurgical hedulepPayment smad hfor all List II, the Company surgical procedures are subject tt: the Deductible and Maximum Lifetime Benefit amounts per Cavcred Per• son, as shown in the Schedule, E I LIST It , Vertebral column surgery Foot operation Involving the exposure of bone, tendon or ligament Coronary artery brass Hemorrhold Witty Hysterectomy nal or femoral hernia surgery Ingul Knee surgery (except Independent diagnostic arthroscapY) 10/85 64466,18.1 page 12D t , i t I s SECOND St;JtGICAL OPINION BENEFIT surgical procedure be performed- a Covered Person's Physician initially recommends that a the Com- pany wlii pay: 11) at It)o~0i I: not subject to the Deductible and i Y 13) up to the Maximum amount Payable per Calendar Year, as shown in the Schedule; for any second surgical opinion obtained from another Physician within forty(ive days of the initial surgical i ~ ontninn, 3 \~'hrn the second surgical opinion does not coniitm the initial opinion, the Company will pays (1) at IOOe'at I]) not subject to the Dtduclibiet and l pup to the Maximum Amount Payable per Calendar. Year, as shown in the Schedule (3) 3 , s w not pay for any subsequent for any third surgical o+p lnand ~econd dsurrgi al opinions agreeanhe within Company' t~vr days of the second surgical 1 al opinion, When the tmt )urgical opinions obtained. j { to the performance of any second or third surgical opinion must be obtained prior the surgical procedure l j The Physician making the second or third surgical opinion muse ! t}) be qualified to perform the proposed surgery: I 11-1 be independent of any Physician who has gisen an opinion: 1 (3) not be the one who aauakly performs the surgery or assists in that surgery; and i (b) have no financial interest in the outcome of these recommendations. 1 for i While a Covered Person may or may not obtain tainoc&secon or edures howed'tn Llstt i1 opinion most procedures. a con. firming surgical opinion is required for p 1 onfir ond secures a at a Co insurancerofcSOeo opinion if a Co undergOts One of tht cir third if a Covered Person does not secure wily onlympaing se COMPSAY List 11, the procedures se List o11, r the Company undergoes not Shown In will confirming second or third surgical opinoin. he Schedu e. Forany elg ble sur;icai procmen s made for all pay at she Coinsurance percent, its shown List 11, the Company will pay at the Coinsurance percent, as shown in the Schedule. Pa, surgical procedures are subject to the Deductible and Ntaeimum Lifetime t3enetit Atttoums W Covered Per• + son, as shown In the S~hedulr, I LIST Ii t vertebral coiumn surgery Foot operation involving the exposure of bone, tendon or ligament coronary artery bypass Hemorrhoid surgery Ftysterectomy Inguinal or femoral hernia surgery Knee surgery (except independent diagnostic arthroscopy) t11ea s'Ir% 14 i 41T" t p J OUTPATIENT SCRGERY BENEFIT a Co 's office, an Ambulatory Surgical Center. or ~ Covered person undergoes outpatient Burger} in a Physician a Hospital, the Company will pay. f i) at IOOaot and rt i2) not subject to the Deductlblet { i t for Insured Expenses tncurred, s must be incurred on the day of the surgery, 14'o Hospital confinement must occur The Insured Expense '.vithin twenrv•four hours of the surgerv. Y EXCLL'Si0N do payment will be made for charges incurred for a surgical room or suite when the procedure is performed in t a Physician's office, d - t i a y 3 j i t _ I 1 r, i , 2 i r i j ,e 12/64 "M.20 paft 128 i 61t !l •n f HOSPICE CARE BENEFIT if a Covered Person's Physician; (1) determines that he is terminally ill with a life expectancy of less than six months; and (2) recommends a formal program of hospice care; the Company will pay; (l) at 100ro; and (2) not subject to the Deductible; for the following; ` (1) inpatient care in the hospice unit at a Hospital or a hospice care center: 1 1 (2) outpatient care; and ) t , (3) Bereavement Counseling; 1 (a) up to the Maximum Amount Payable; (b) for up to the Maximum Number of Days Payable, within 90 days of the Covered Person's deaths as shown in the Schedule. Bereavement Counseling will be provided only for Immediate Family Members of the Covered Person re<eiv- # ing hospice care. Such services may be perfotmed by a licensed social worker or pastors counselor, ' i The hospice care program must meet the standards established by the National Hospice Association and be ' approved by the Company. Such a program must also meet any and all requirements of the state in which it is I located, ; I EXCLUSIONS r Payment will not be made under this benefit for 3 i t (1) services provided by volunteers or others who do not regularly charge for their services; i (2) services by a person who resides in the Covered Person's home; and (3) any period during which the Covered Person is not under the care of a Physician. ( ( I t f i , i f i { ire it~oA t WWI f J' HOME HEALTH CARE BENEFIT If a Covered Person's Physician prOc ilbP~Y iominsur<d Expensestment plan and such plan has been apgrov ed by the Company, the Company j (I) at IOOq~; i (2) not subject to the Deductibic (3) up to the Maximum Amount per Visit; and (4) up to the ~Saximum Number of Visits per Calendar Year; ) as shown in the Schedule. j a visit of four hours or less by a home health aide shall be considered as one home health care visit, ' In order to establish the Covered Person's eligibility for this bettellt, his attending Physician must: { E (1) decide that home health care is the appropriate treatment instead of a Hospital confinement or a con- tinued Hospital confinement; and (2) review the home health care treatment every thirty days to determine if it complies with his treatment 1 ` v i ! plan. Home health care will consist of: (11 -art-time or intermittent nursing care by or under the supervision of a Registered Nurse. j ~ (2) part-time or Intermittent home health aide services: 0) physlcal therapy; i { i 1 I (4) occuRatlonai therapy: (S) speech therapy; 1 I (6) medical supplies: f l (7) drugs prescribed by a Physician; and iI (S) laboratory services, € Charges for the above Items an considered payable if they would have bent considered Insured Expenses 1 ~ under the Hospital Benefit, i EXCLUSIONS # Payment will not be made under this benefit for: (U services or supplies not included in the Physician's home health care treaitnent plan; (2) services of an Immediate Family Member, { I (3) Custodial Care; and (4) transportation services, ! t1/na Oel t ,cutrc Y t ~ BIRTHING CENTER BENEFIT { I If a Covered Person incurs insured Expenses due to prenatal care and normal de)Ivery at a Birthing Center, + the ComPWY will PRY: 1 { I (I) at 100°'o; and i i2) not subject to the Deductible Comprehensive Insured Exoenws Medical Expense Benefits anl b and Expenses would during then be payable under the no lt. Insured confinement occurs 1 ~ encf j I subject to all deductibles, limits, and maximums. I 1. I 9 I t: i t I w i E i f i V 1 12/>!4 6466.23 p*te 12tt 5 c CONVALESCENT FACILITS BENEFIT if a Covered per ton is confined in a convalescent Facility for treatment of the same condition as that fora ;rior Hospital confinement, the Company will pay for insured Expenses: IIj at 1000'o: not subject to the Deductible; (3) for up to !Olo of the Hospital of prior confinement's attrage s<mi•pritate room rate; srtd i r t4i up to the Maximum Number of Days Payable: as shown in the Schedule, k i f I { 4 i i ; f ` I k { 12/84 nAte 121 iJ. 1. i hiNf4 A aCtCt4Yarft { MEDICAL CHECK-LP BENEFIT If a Covered Person Incurs Insured Expenses for Medical Check-ups performed by a Physician, the Company 1 kill pay, i (1) at More. (2) not subject to the Deductible; and h n,' (3) up to the Maximum .amount Payable per Calendar Year; ! as shown in (he Schedule. The Covered Person may use the Insured Expenses from more than one Medical Cehek•up to satisfy this limit 'a each Calendar Year. EXCLUSIONS Payment will not be made under this benefit for Medical Check-Cps relating :o (1) obtaining; I~ (a) insurance; or ' t (b) a job: or ` t (2) a condition of .:ontinued employment; or , I (3) treatment of. 1 131 an Injury; or 1 (b) a Sickness, ( 1 I z oatle 123 12194 b4b6r 2S ` R'kWkPd W Nlbp t PRESCRIPTION DRUG BENEFITS r BENEFITS If. while insured, an Insured person or Covered Dependent: (1) because of sickness or accidental bodily injury; (2) incurs covered drug expesas; else Company will pay the amount over the deductible, " for drugs or medicines shall be paid under any other provisions of this Contract if they are payable .4a, "Eligible Charges ,,.(,,w Drug Pfo under the Pfescryi"""' y Benefit visions, r DEDUCTIBLE FOR PRESCRIPTION DRUGS Of the cost the insured Person mats pay for ach eligible charge. U shaven f The Deductible For Prescription Drugs is that pan in the schedule. i ( DEFINITIONS { t , "Eligible Chuges" man charges which are: I (s) Necessary for treatment of the insured person or covered dependent: (b1 Usual and Prevailing; (c) for drugs and medicine that require a written prescription by a Physician: i (d) for insulin; medicines are dispensed by a licensed phuniscist, when the drugs and ~ 'Maintenance drugs or mcdlcine" mans: f (a) nitroglycerine; j r (b) phenobarbltsl: I (c) thyroid and thyroid synthetics. Id) digitalis and Is derivatives; and it) oral anti-diabetic agents. i~ x 'lpharmacist" mans a person who is duly qualMed and legally licensed to: j I ta) prepare; ib) compound: and (c) dispense; drugs, h s, 'Exclided charges" man chuyes not Included under Eligible Charges" W of similar Isw; { (a) drugs for trattteat of a sickness or injury covered by worker's CompenutIan (b) drugs for treamm of Injury due to: (t) employnent; or fill occupation; for pay of profit; re a prescription, except for insulin: Ic) drays of medicines that do not require Ives, is not required In the tratment of bodily injury or sickness; ept ontrac for onl c (d) any drug or medicine which, except (e) devices or appliances of any kind, Including: 0) neddlea; III) syringes: (ill) support garments; and (iv) otter oon•medlcud Items; (f) drugs furnished under (I) local (il) state; of (ill) federal; proyrsm unless the law denies their exclusions. page 12 k 10187 6466.36 e 1 , charges for giving or injecting any M drugs or medicines: lil to be t4oa by: or f+i) given to. an insured persons while he b in a: (p Hospital; (ii) surgial center; Gill rest hoase; {iv} smotariuta cut facility,. (v) extetded (vi) skilled nursing facility; (vil) nursing home: or t (viii) similar place: the physician; } (I) refills In excess of the number oku than 1 year after the data of the presctiPuon; i y) drugs or medicine ec seed insulin which: S Ik) drugs, medicine or in injectable l provisions 3 ' (g are not approved under the United States Food and who the Major Medical Act and Its successor: or (ii) fall into the category of supplies for which no benefits are payable in accordance , e period recommended by the 4 i of this Poilcy: 11) more than one purchase of a drug, medicine. or injectable insuin during the dosage prcscribin; Physician: I tmtcharges for: 1 k lit immunintion agents: 7 , Iii) biological sera: (iii) blood: or (Iv) blood plasma; f including giving them. (n) that portion or any single purchase: (1) of an oral contraceptive which is rsot a 3 month supply; or i the directions of the Prescribing physicfan: or u~ or used ineac~lir uh with exceeds d a 34 soy supply sc aw~tlseiiici&Wions i {ill of a maintenance drug or medicine. i whichever is grater. when cons when comumed or used in at cordanre of any other drug or medicine which exceed a 34 day supply } of the prescribing Physician. E t 1 I ' page 12 1 6466,19 10167 w , . . _ F.JffiENUJsD kN.~~krlls Incurs any eligible drug experm after his insurance ceases. benefits will be paid f an Insured person or Covered Dependent n is if it had not ceased if: (1) the charge is due to sickness or injury which began before the insurance ceased. Of injury when the inmutam ceased; ' Disabled by the sickness t 121 he was Touily 131 he remains disabled uodl the due of the charge. and (4) the maximums of other benefia in this Polley are sell being paid. Yo pa, ment will be made for any charges incurred:' v { (1) after the length of rinse for Extendedgenefits, During Disability a$ shown in the .Schedule of Beneflu' for the Major i s Medical Provisions or S aftttr this Contract terminates If the Person is eligible for simile coverage under any other group or Prepayment Plus. # r { whichever is 5001101'. i 1 ' rr I 7 1 ( it t r 1 J { 1 ( Iaei tr166 page 12 m i G z. • (;E~ERAL CONTRACT EXCEPTION'S i i No benefits shall be payable under this Contract with respect to expense incurred; i any any 11) w &re$ Out Of or in the of ctompensable tinder any 1';orker'ssCompensa on Laweor sifor milar 8eg+oslatpion'tunless the Sickness For an (whl h is words appear in the Schedule; '„.4-hour coverage appe ; (3) While confined in a Hospital, where there would be no charges made were insurance not in force, which is operated by or under the direction of, (a) the United States Government: (b) any state government; (c) any local government; or i , (d) the government of any other country; l l (3) Resulting from, a in a riot or act of c'vll disturbance; , (1participation , •i E (b) participating in or an attempt to commit an assault or a relony; (c) a war, declared or undeclared; I (d) any act of war; or (e) service in the military, naval or air forces of any country or any civilian noncombatant unit serving %ith such forces; (4) in connection with; 1. <E (a) any dental treatment, except for replacement or repair of natural teeth caused by an injury occuring i t % while a Covered Person is Insured; provided, that the procedure is begun within 90 days of the In. jury and is completed within one year, (b) application of oral appliances, orthodontics, orally related orthopedic devices, or equilibration; or I (c) the repositioning, altering, implanting, or replacement of teeth; (5) In connection with; , (a) radial %eratotomy; (b) any eye refractions; J c ,e exam to determine the need for, or the proper adjustment of eye glasses; or e S) any other ) , (d) the purchase of eyeglasses or corrective lenses, except for corrective lenses after the removal of the Ions system; (6) In connection with the purchase and fitting of any hearing aids, except as required by the jurisdiction where this Contract Is Issued and the Contractholder has elected such a benefit; f { (7) In connection sary fo the repair of an injury caused by an accident oc uri result ng while covered under th scCon racy Necessary for the taro and treatment of medically diagnosed congenital defects and birth abnormalities; or except as expressly provided elsewhere In this Contract; 6/85 ( 640.261 page 13 A I r k C (g) Resulting from, i (a) the treatment of: ' (i) weak, strained, or flat foot; (li) instability or imbalance of the foot; (iii) any bursitis, tendonitis, tarsalgia, metatarsalgim (iv) bunion, except for an open cutting operation involving tendons, ligaments, and bones: or (v) toenails or of superflciai lesions of the foot including corns, calluses and warts, except for the removal of the nail root or matrix; or (b) the cost of orthomechanical or orthotic devices for the foot and the charges for testing and fitting r such devices, except when such expenses are incurred because of a central nervous system or r generalized neuromuscular Injury or Sickness; ) r (9) In connection with; t (a) food supplements; t (b) minerals; i (c) vitamins; (d) drugs which can be purchased without a written prescription; (e) participation in weight reduction program; (f) participation in physical fitness programs; or (g) a Medical Checkup, except as expressly provided elsewhere In this Contract (10) in connection with: r (a) Custodial Care; or 1 (b) private duty nursing, unless such services could not be performed by Hospital staff or an Immediate E family Member and such services are not housekeeping or Custodial Care; (11) Resulting from any intentionally self-inflicted Injury, while sane; i t i (12) In connection wish repairs, maintenance or rep.acement of a Prosthesis, due to wear, breakage or per sonal desires; (13) In connection with speech therapy, except if for restorative or rehabilitative speech therapy, if the therapy is for speech loss or impairment due to a Sickness other than a functional nervous disorder, or to surgery on account of the Sickness, In the event the loss or impairment is due to a congenital anoma• ly, surgery to correct such anomaly must have been performed prior to the therapy. All therapy per, formed must be by a qualified speech therapist; (14) Which Is an educational or training procedure used In connection with speech, hearing or vision; (IS) In connection with charges incurred on a. (a) Friday and/or a Saturday in a Hospital for a non emergency confinement, when such confinement begins on either day; (b) Saturday, Sunday, and/or Monday when confinement is extended, for reasons other than medical Necessity, for a discharge on a Monday; (16) In connection with: (a) in vitro fertilization; (b) artificial insemination; or (c) other unnatural methods which attempt to; (i) achieve fertilization of an ovum; or (d) Initiate a pregnancy; or (l7) In connection with payment for any Insured Expenses under any other benefit once payment has been made for the same expenses under another benefit In this Contract. 6466.271 mate 14 AIRS 1. cna7x 7 PROVISION FOR COORDINATION OF BENEFITS WITH MEDICARE i DEFINITIONS t "Medicare" means that portion of Title XV1II Social Security Act of 1965, as amended "Full Medicare Coverage" means coverage for all of the benefits provided under Medicare, including any benefits provided on an opdonai basis. For the purpose of this Provision, a Fully Insured Person who has less than full Medicare coverage will be considered to have full Medicare coverage, EFFECT OF BENEFITS prim ary the (l) For a Insured Expenses fors Ichosen I Covered Personstw II be paid b forecom. } Contract for 69 who payable under under this parable benefits under Full Medicare Coverage i If an Insured Person under age 65 has a Covered Dependent spouse who is age 65 through age 69, and such Covered Dependent spouse has notified the Contractholder, in writing; of the election to remain covered under this Contract, the benefits' payable under this Contract for Insured Expenses of such EI spouse will be paid before comparable benefits under Full tMkdical Coverages For an Insured Person age 65 through 69 who has elected Medicare as his primary carrier, no benefit shall be payable under this Contract for all Covered Persons. i 1 If the Insured Person under age 65 has a Covered Dependent spouse who is age 65 through 69, and such , Covered Dependent spouse has notified the Contractholder. In writing, of the election not to remain covered under this Contract, no benefit shall be payable under this Contract for such spouse. k f (3) For all other Covered Persons, the benefits payable under this Contrast for insured Expenses shall be reduced to the extent necessary so that the sum of such reduced benefits and all benefits payable for In• i sured Expenses shall not exceed the total of all Insured Expenses. Anv benefits received from Full Medicare Coverage not covered by this Contract shall not be payable under this Contract; I I 1 naae 16 9,85 14101 asaa ,er I i, ? t I BENEFITS PROVISION FOR COORDINATION HER BENS ITS UNDER THIS CONTRACT t BENEFITS SUBJECT TO THIS PROVISION All of the benefits under this Contrac, are subject to this provision. DEFINITIONS r (1) "Plan" means any plan providing benefits or services for or by reason of medical or dental care or treatment, which benefits or services are provided by; (a) group or blanket insurance coverage except group or group-type hospital indemnity benefits of fifty dollars per day or less and student accident coverages written on either an individual, group or blanket basis, Student accident coverages are defin- ed to mean coverage covering grammar school and high school students for accidents only, Including , athletic injuries, either on a twenty-four hour basis or "to and from school," for which the parent pays the entire premium; (b) service plan contracts, group practice, Individual practice and other prepayment coverage; (c) any coverage under labor-management trusteed plans, anion welfare plans, employer organization plans or employee benefit organization plans; (d) any coverage under governmental pro- ! grams other than Medicare, and any coverage required or provided by any statue; and; (e) any group or individual automobile "no-fault" contract, but as to the traditional automobile "fault" contract, only the medical benefits written on a group type will be applicable. The term "Plan" shall be construed separately with respect to: (a) each policy, contract, or other ar- rangement for benefits or services (b) that portion of any such policy, contract, or other arrangement which reserves the right to take the benefits or services of other Plans into consideration in determining its benefits and that portion which does not. r (2) "This Plan" means that portion of this Contract which provides the benefits that are subject to this provision. (3) "Allowable Expense" means any necessary, reasonable and customary item of expense at least a por• ii tion of which is covered under at least one of the plans covering the person for whom claim is made. An allowable expense to a secondary plan includes the value or amount of any deductible amount or co- insurance percentage or amount of otherwise allowable expenses which was not paid by the primary or t first paying plan, j When a Plan provides benefits in the form of services rather than cash payments, the reasonable cash value of each service rendered shall be deemed to be both an Allowable Expense and a benefit paid. l (d) "Claim Determination Period" means calendar year, or that portion of a Calendar Year during which j the person for whom claim is made has been Covered under this Plan. 5 f EFFECT ON BENEFITS (1) This provision applies in determining the benefits a person has under this Plan fir any Claim Deter. mination Period if, for the Allowable Expenses Incurred during such Claim Detetmir,ation Period, the sum of the benefits that would be payable undert (a) this Plan in the absence of this Provision; and (b) all other Plans In the absence therein of provisions of similar purpose of this provision would exceed such Allowable Expenses. (2) The benefits that would be payable under this Plan in the absence of this provision for the Allowable Expenses Incurred as to a person during a Claim Determination Period shall be reduced to the extent necessary so that the sum of such reduced benefits and all the benefits payable for such Allowable Ex. penses under all other Plans, except as provided In item 3 of this section, shall not exceed the total of such Allowable Expenses. Benefits payable under another Plan Include the benefits that would have been payable had claim been duly made thereof. ti S l¢M.iA1tY i I I I is) When this provision operates to reduce the total amount of benefits otherwise payable as to a person the absence of this provision shall be Claim Determination p oport ona e Period. Such hrebenefit that duced amount s would hall be charged under this Plan during any f against any applicable benefit limit of this Plan. RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION a For the purposes of determining the applicability of and Implementing the terms of this provision of this Plan or any provision of similar purpose of any other Plan, the Company may, without the consent of or notice to any person, release to or obtain from any other Insurance company or other organization or person any infor• mation, with respect to any person, which the Company deems to be necessary for such purposes. Any person r claiming benefits under this Plan shall furnish to the Company such Information as may be necessary to im•. , plement this provision. ` FACILITY OF PAY4IENT Whenever payments which should have been made under this Plan in accordance with this provision have been made under any other Plans, the Company shall have the right, exercisable alone and in its sole discre• rn to over to any organization making such other payments any amounts II shall determine to bi war a pay ranted in order to satisfy the intent of this provistonr Amounts so paid shall be deemed .o be benet7ts paid shall be fully discharged from liability vments, the h p under this Plan and, to the extent of s uc a under this Plan. RIGHT OF RECOVERY { Whenever payments have been made by the Company with respect to Allowable Expenses in a totai amount which is, at any time, in excess of the maximum amount of payment necessary at that time to satisfy the intent of this provision, the Company shall have the right to recover such payments, to the extent of such excess, from among one or more of the following, as the Comptsny shall determine. any persons to or for or with respect to whom such payments were made, any other insurance companies, any other organizations, t j i , i w i 5 } i j page l8 1l/84 6466,3t T 1 !R` w~ t jl EXTENSION OF BENEFITS if: (1) a Covered Person's coverage under this Contract terminates due to; (a) his termination of employment or membership; or (t,) termination of this Contract; and , (2) such Covered Person has made application and been approved by the Company for an Extension of Benefits, ; s benefits will be payable for a period of 12 months from the date of termination, subject to the following: ti f (1) the Covered Person has a Total Disability as a result of an Injury or Sickness when his coverage ter• i , minatedt 1 (2) the Covered Person's Total Disability is continuous until the date the Insured Expenses are incurred, t (3) the Insured Expenses are incurred as a result of such Total Disability; and " (4) the Covered Person does not become eligible for similar benefits under another group contract provide ed by the Contractholder, in which case this provision would become null and void, i Any Covered Dependent child whose coverage has been continued beyond his limiting age due to mt Al .retardation or physical handicap will not be eiigibie for this Extension of Benefits provision. ~ t t i ~ 6 ) fl i t € ;I i 6466.32E page 19 3/85 (NM) I G F tM , M~F4U'M~ t YEM1CyA 4 CONVERSION PRIVILEGE The Company will issue an individual contract, in a form customarily issued by It, with benefits not greater than the benefits provided by this Contract, to the Insured Person who, (1) has been covered under this Contract for at least 3 months; and (2) has his coverage not end because; s (a) he failed to make timely payment of any required contributions; or (b) the group policy terminated or an employer's participation terminated and the insurance Is replaced j by similar coverage under another group policy within thirty-one days of the date of such termina• s - tion; provided that he sends the first premium payment along with his application to the Company within 31 days i after his coverage ends- E 'this individual contract will be Issued according tot { (1) his attained age: E (2) the class of risk to which he belongs; and (3) the selection of benefits and persons to be covered. An individual contract will also be Issued in each of the following events; provided that the person so affected makes the first premium payment and his application to the Company within 31 days of such events (1) the Insured Person's death, to his surviving Covered Dependent; 1 (2) a Dependent child's attainment of the limiting age, to such child solely with respect to himsell'; and } a (3) termination of marriage, to the Insured Person's former spouse, j The issuance of an individual contract is subject to the Company's having; I (1) a license in the state where the Insured Person resides; and f t (2) an approved Individual contract for conversion in the state where the Insured Person resides, i i ~I { 6166,331 nage 20 F;g< E GMMRAi. CONTRACT PROVISIONS kiMIS COb'MCT. The entire contract shall include: (1) this Contract with endorsements; (2) the attached application of the Contractholder= and (3) any insured Person's Evidence of Insurability, Only the Company's authorized officers can change this Contract. STATZKCrS NOT WAIRMIRS. All written and signed statements made by the ' Contractholder or the Insured Person are true and complete to the best of the 1 knowledge and belief of the persons making them. go such statements will be used to avoid the insurances reduce benefits, or defend a claim under this Contract, unless a copy of the statement is given to the Insured Parson or to his beneficiary. INCONTICSTADILITZ. The validity of this contract shall.not be contested except: (1) for failure to pay premiums; or (2) for fraudulent miastatementa= after it has been in force two years. The validity of any coverage on an Insured Person and his dependentas if any, shall not be contested excepts (1) for failure to pay premiums, if any; or (2) for ! fraudulent misstatements; after the individual's coverage has been in force two years, f The validity of the Contract or any individual's coverage can be contested only if ; based on a written statement. CLC3l PMOD. If the Contractholder has not written the Company that the coverage under this Contract is to be cancelled, the Company 'dill allow a 31 day grace period in which to pay the premium. During this time the coverage will remain in faros, if the premium is not paid before the end of the 31 days, the cover&ge will automatically terminate on the 31st day. If the Company is given earlier written notice, then the coverage will terminate on the earlier date. The Contractholder will have to pay the Compua,y the premim for the period of time the coverage stayed in force. Nona or cum. The Insured Person moat write to the Company within 20 days of the date the Injury or Sickness begins. Notice given tot (1) the Company at its Administrative Office; or (2) my authorized asent.of the Company; with sufficient information to identify the person on whom claim is based, will be deemed notice to the Company. CLAIl1 rung. The company will send the Insured Perron elai:s fors within 13 days after notice of claim is received. If the Company does not sand the forms within 15 days, the Insured Person shall be dgesed to have complied with the requirements if he bas furnishadt (1) the date the Wary or Sickness started; (2) the cause of the injury or Sickness; (3) aid how serious the Injury or Sickness is. room or LOST. Written proof of loss of time on account oft (1) an Injury or Sinlmoss; (2) disability$ with respect to the Meekly Income benefit, if applicable; or (3) confinraent in a Hospital; for which 4tlaim is made nut be furnishedt (1) to the Company; (2) within 90 days after the end of the period for which claim it made. Written proof of any other loss on which claim say be based out be furnished: (1) to the Cospaal (2) not later them 90 days after such loss begins. railure to furnish notice within the time required will not invalidate or reduce any claim if it is showns (1) notice could not be reasonably furnished within the required tiro; and (2) notice was furnished as soon as was reasonably possible. y 6466.34 page 21 a/Ao k s k PRFMICM STATEMENTS AND DATA REQUIRED, The Company will send to the Contractholder a r premium statement prior to each premium due date, The Contractholder shall supply the Company all infor- mation necessary for the preparation of such premium statement, For fact verification, the Company shall have the right to inspect the Contractholder's records, TERM OF CONTRACT AND RENEWAL PRIVILEGE, This Contract Is issued for a period of one year commencing with the Contract Date. It may be renewed on each subsequent Contract Anniversary for further terms of one year each, subject to the provision entitled "Termination of This Contract". CERTIFICATES, The Company will issue to the Contractholder for delivery to each Insured Person an ;n• r dividual certificate. This certificate will set forth a statement as to, (1) the insurance protection to whicl, a Covered Person is entitled; (2) whom the insurance benefits arapayatblet and (3) the rights and conditions of the Conversion Privilege, a CONFIRMITY WITH STATE STATUTES. Any provision of this Contract which, on Its Contract Date, is in conflict with the statutes of the State whose laws govern this Contract is hereby amended to contorm to the s minimum requirements of such statutes, ' NONPARTICIPATING PREMIUM REFUNDS, This Contract does not share In the surplus earning of the E Company, J NEW ENTRANTS. To the group or class thereof originally insured shall be added from time to time all new I eligible persons of the Contractholder who request insurance. MALE PRONOUN whenever used includes the female, whenever the Context requires, 1 t 1 , y t i i i r 1 t r a c 1 i 6166,3! i>sM 21 11/84 ' i ~1. ' 1r kA:XR i 0 I I ` PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY ' AMIENDMENT TO GROUP ACCIDENT AND HEALTH CONTRACT f The Group Accident and Health contract between oenton adTexasa i American Life Insurance Company and the City awarded by the City council on the 5th day of November, 1991, to be m „ January 11 1992 through 11:59 p.m., December effective 12:00 a. 31, 1992, is heeby amended to reflect the changes indicated below. ^ r All other terms and conditions of the Contract are unchanged. I. provide Philadelphia American Life Insurance Company agrees to p coverage under this Plan for each of the Group's retirees, employee with Social Security Number 291-46 -43260 their eligible depen- 1 dents, and any other individuals for whom the City and Philadelphia i American mutually agree to provide coverage. This coverage shall become effective 12-00 a.m. on January 11 1992 and continue through 11:59, December 31, 1992, and shall be subject to the provisions of } Section II hereof. I II. Philadelphia American Life Insurance Company agrees to provide ` . coverage for the individuals designated in Section I hereof at the € following rates to be paid by said individuals: i A. Monthly Premium Payment for Retiree Under 65: j Retiree only $237.06 E Retiree + spouse 458.03 370.16 j Retiree + Children 561.01 Retiree + Family Premium Payment for Retiree With Medicare Supple 1 B. Monthly li ( ment- ~ Retiree Only 80164.49 .49 2 On 337.84 1 On, 1 Off 0 1 On, 1 Off + Family 432936..000 2 On + Family CITY OF DENTON, TEXAS PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY BY., TITLE- BOB CASTLEBERRY, MAYOR ATTEST- ATTEST. - j BY: JENNIFER WALTERS, CITY SECRETARY S1CRETARY_ I 1 k: l DATE: 11/05/91 CIT C l L F i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Contract Between City of Denton and Sams Texas Health Plan to Provide Health insurance coverage for Employee and Dependents t from December it to December 31, 1991 r t . REWMENDATION: It 1s staff's recommendation that the City Council approve an amendment to h our contract with Sanus Texas Health Plan to provide health insurance k coverage for employees and dependents from December 1, to December 311 1991. On October 229 1991 staff presented to the City council a preliminary recommendation resulting from the evaluation of our current health insurance program. Staff receded that the City Council terminate the current ; contract with sanus and authorize staff to develop a service contract with Philadelphia American Life to provide health insurance coverage for employees and dependents for the plan year beginning January 1, 1992• fj Staff's recommendations were the result of a thorough evaluation of our current program to develop alternative options. After a careful evaluation of each alternative by staff, the Employee Insurance Committee and Coopers and Lybrand, it was determined that Philadelphia American Life offers a better option for the City's overall goal for a health plan that meets both the needs of the City and employees. s The approval of an amendment to the current Sanus Texas Health Plan contract would provide coverage for employees for the 31 days lag before the Philadelphia American coverage becomes effective on January 1, 1992. R~r.K~ollflp• As we began to prepare and examine our optiono for the 1992 plan year it became increasingly apparent that there were several critical issues which staff had to consider. These were the possibility of a 23% rate increase for 1992 plan year, and continued lack of participation by local medical i providers, in spite of Sanus' continued efforts to recruit more local physicians. better comprehensive alternatives forevaluation As a result, staff eo develop that a the i program be onducted t future. Following extensive discussion and negotiations with Sanus/N.Y. Life, to i i 'I c llit'iti^,by yA. 15 q,.' k16P:fd. ors[; cv.U November 6, 1991 memo to City Council on Employee Insurance Program - Sanus Page 2 attempt to refine the existing program, meetings ware held with local medical provider groups, as well as tertiary hospitals, Coopers & Lybrand then developed and presented to the Employee Insurance Committee two alternative programs. These alternative were to renew the current Employee usNw nsured,/omanaged care programw(.Network and Health Insurance riontract with Sani Philadelphia Non-network), using negotiated contracts with local providers and selected tertiary facilities within the Dallas/Fort Worth metroplex. The Employee i Insurance Committee theitwosprand ogrampoPtIas' overallegoals,~dican ; j and 5ance/N.Y. ' determined that Sanus/N.Y. Life was less than satiafactary in meeting the k City's overall goal. ouncil, As I informe tacnhment A , Sanus/N.Y. LifehtnshownnagreementOtoYextenditheir shown in Ad x the , current contract to cover us Philadelphia American Life's contract t "s s inlag in to effect oneJanuary fore the 1992. CO5t to the City during December i As shown in Attachment B, the additional to 31, 19919 is estimated to be =11,119. This additional cost is due to { Sanus' rate increase for that period. The savings projected for the 1991/92 budget for health insurance in converting to the Philadelphia American 5 1, 1992) is estimated to be 1<87,991, even after funding program (January this interim contract. Thus, it is staff's recommendation that the City Council: ti o Approve a contract amendment with Sanus Texas Health Plan to provide insurance coverage for employees and dependents from December 1, to s I December 31, 1991. o Authorize staff to proceed with data-base and payroll reprogammling to accomplish the changes associated with this Sanus contract amendment. 1 I o Implement the interim contract effective December 1, 1992. i i nfa RTM NTg OR _AFff_9- . r I The City Health Insurance Program covers all regular, full-time and part- time City of Denton employees in all departments. s FISCAL IMPACT: The City Departments are currently budgeted at $179.09 per month to cover i 's j l f1Wtw 4r i, Ow I ' nIIrt91la i November b, 1891 Memo to City Council on Employee Insurance Program - Sanus Page 3 each employee for the month of December, 1991. The additional $11,119 cost for the 31 days will be covered from saving resulting from the now Insuranc program with Philadelphia American. After that payment will be approximately $67,991 savings left from the 1991/92 health Insurance budget (see Attachment B) as a result of switching to Philadelphia American. Respect ully Submitted; v-l Lloyd V. Harrell City Manager S' Prep red I Thomas W. Klinck, Director Persohnal/Employee Relations *Wun cutive Directorvices and Economic Development cmrpsanl.prn 10/26/91 (3) i l i 1 I t j 1 , r i 4 t VAN Y 1 ATTACHMENT A 86M Fr"W Parkway kvkp, T•P<as X6063 26ot Sy~ s~.~ 1214)920-074 P 621l113(Mltro) A Now ybrk LiN Oa^Pa^Y rn PLAN, (NC. SANUS TLW KM October 8, 1991 j P l Mr. Dave Palatiere Coopers & Lybrand 1"9 Bryan Street suite 3040 Dallas, TX 75201 RE: City of Denton 1 Dear Dave: should the City elect to i The Purpose of this letter is to provide rates for our enhanced proposal implement the new Sanus continue with Sanus, extend the current program through^ plan 111192. rate guarantee, and This revision includes the increased major medical benefits> two year includes compliance to House Bill 2, to implement the alternate plan but desire to extend the Should the City elect to terminate Sanus period for the following premium current program through 12131191, we will extend for that increase: Sanusplus + 89'° HMO Only + 396 G I Please let me know if you need any additional information, 1 Sincerely, a ~I Louie Heerwagen Senior Group Sales Representative LH:vb { cc: Ike CiDenton Tom►' Klicit nck, of ty of Denton Candy Rudy, Sanus ~y~ and Miawuri Now Joraoy • Now Yak VlrglniA Y waahingloa D'C' Dallaalfat waM+' ►k+uaSUn IIIMOi1 Maryland A SANUS CORP COMPANY Affifiafed With NEW YORK LfFE INSl1RANCE COMPANY S t F IN$92A.WK1 PROJECTED ATTACHMENT B 10/15/91 1991/92 rev: 10/28/91 HEALTH INSURANCE COSTS ALTERNATIVES SAVINGS ADDITIONAL FUND ;AUTHORIZEDISANUS/N.Y.LIFE*i PALICO** + i TOTAL BUDGET ; AMOUNTS ;POSITIONS ; 12 MONTHS ; 12 MONTHS ; 12 MONTHS ;FOR DEC 191 ' i(OCT 91-SEP 92)1(OCT 91-SEP 92M OCT 91-SEP 92)iTRANSITION j ^---•i------ i ; GENERAL i 612 $1,088,886 $1,041423 $47,462 i $278 1 RECREATION 3 $8,380 $8,102 i ELECTRIC 141.3 ; $300,607 ; $287,408 $13,099 I ' $246,304 $11,180 WATER/WASTE WATER , 120.8 , $268,484 $1090627 $104,763 ; $4,774 SANITATION ; 61.6 WORKING CAPITAL ; 20 ; $42,536 $40,681 $1,864 s I ~ 4a -i. GRANT POSITIONS ~r ------6 I -----10_634 $10,170-i-------- I I - 1 --i-__$11,,110 r t Y ' 863.4 , $1,814,961 i $1,736,841 $79,110 TOTAL € t ~ ' ' TOTAL SAVINGS $87,991 1 i *SANUS/N,Y. LIFE ALTERNATIVE - 3 months •$171.01 per employee per month; 9 months I $179.30 per employee per month t '**PALICO ALTERNATIVE - 3 months 0 $171.01 per employee per month with Senus/N.Y. Life; then, 9 months t $169.00 per employee per month with Philadephia American + Philadephia American Life Insurance Company ; 1 i w. w. esi as .u,~a!).r.{;,r abdVV.?Wf M6+txr .1--.. esWa.♦ sy8tld>, Af+NdeA,i+'.~§elitl4f{t!2~[R 17iiY$NfAdeti,F.'~h4kMan~.t xCeASriYiJ.~dr...w.~w•.••. 1 J i L v~YF r, srmMi ,r 1 WsALL00064 1 900.26 i ti ii ORDINANCE N0. AN ORDINANCE AMENDING AN AGREEMO ENTENDW THE CONTRACT BY ONETMON Hp 2 SANDS TEXAS F1141LTH PLAN, INC. TO PROVIDE FOR REVISED R THAT TERMINAT ONr AND ROVIDINGEFOROAN EF ECTIVE DATED TO PROVIDE FOR THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS* i , ~FCTION I. That the contract betwsen the City of Denton and Sanus Texas Health Plan, Inc. shall be amended as set forth in the attached Amendment. GxrTrpN rr, That this ordinance shall become effective im- 1 ~ mediately upon its passage and approval. ; 1991. ? PASSED AND APPROVED this the _ day of BOB CASTLEBERRY, MAYOR r E ~ 4 ~ ATTESTi JENNIFER WALTERS, CITY SECRETARY 1 i 1 BY: 1 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY t i 1 I~ L T E: 1`:.'fSVa't Y" ' r Gr...a f4O.Y1 i WIPLLL00050 888 900.26 AMENDMENT OF AGREEMENT BETWEEN THE CITY OF DENTON AND SANDS TEXAS HEALTH PLAN, INC. Recitals of Denton (City) and Sanus Texas 1989, the City entered into an agreement (the 7 „ on October 1r/Inc. (sanus Texas) residing for group medical Health Plan, of which is attached, P ct was effective on Contract), a copy employees. The Contra unless Y coverage for city year terms runs for consecutive 0110 the December 1, 19 either and party diving written notice to other sixty terminated by date. i days prior to the anniversary ; w soliciting bids from other health m rdical cover ; The City is no a new contract for group If 1991. TO for the purpose of awarding } age for City employees, to be effective on January provide for medical benefits for City em- ted coverage of uninterrup tween t the p eed to amend the Contract be- the City and Sanus have agr ployee arties as provided riereii T AGREEMENT paragraph VIII, B, ("Amendment") of the Con- In accordance with p a tract, the City and Sanus Texas agree as follows: the 1, Notwithstanding any other provision of the Contracts and , on December 1, term of the Contract i941nnisgextended so as to terminate T ending on November 30, 1991, and shall not continue i1a59 p.m, on December 31, aragraph VIII, A. at thereafter as otherwise s partyiexpressly waiving the ("Term") of tr.e Contract, each days written notice prior to the requirement to give sixty paragraph III, termination date, as otherwise thevConed in txactB, ("Termination of Group') the other provision of to a sotnstrexas for 2. Notwithstanding any the City this as fo - ' monthly premiums to be paid by the month of December of 1991,e as following extendedabmcuntss went, shall be increased to th Sanus HMO only: , A. Monthly Premium Payment for Plan M350 $119.07 Employee Only 239.81 Employee + Spouse 119,16 Employee + Children 295.27 Employee + Family z; i { 4 ' .1 B. Monthly Premium Payment for Plan QWA5, SanusPlus: Employee Only $196.34 Employee + Spouse 393.15 Employee + Children 287 07 i Employee + Family 526.14 + C. Monthly Premium Payment for Plan M35, sanus HMO Only: 1. Retiree Under 65: Retiree only $210.23 Retiree + Spouse 398.47 Retiree + Children 318.76; Retiree + Family 499.88 ; 2. Retiree With Medicare Supplement: Retires only $ 73.69 z on 147.38 i $ 1 On, 1 Off 294.77 f 1 On, 1 Off + Family 439.69 2 On + Family 292.30 D. Monthly Premium Payment for Plan QWA5, SanusPlus: 1. Retiree Under 65s , Retiree Only $302.85 y Retiree + Spouse 573.89 Retiree + Children 459.11 Retiree + Family 719.97 2. Retiree With Medicare Supplement: Retiree only $106.15 I 2 On 212.31 1 on, 1 Off 424658 1 On, 1 Off + Family 633.36 2 On + Family 421.06 3. All other provisions of the contract shall remain in force and effect. This Amendment shall be effective upon execution by both parties. # Signed this the day of r 1991' i BOB CASTLEBERRY$ MAYOR E , Page 2 i ATTEST: JENNIFER WALTERSt CITY SECRETARY ti BYt APPROVED AS TO LEGAL FORMt j i DEBRA A. DRAYOVITCH, CITY ATTORNEY f BY., I SANDS TEXAS HEALTH PLANo INC. j BY r TITLEt DATEt i i i E I i Page 3 'I ii elon DATE; 11/05/91 cilY MAUL REPQRT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager Ngw Contract Employee HealthsInsuranceaPr goamssist with t SUBJECT: Transition to RECOMMENDATION: It is the staff's recommendation that the City Council approve an amendment to the April 16, 1991, contract with Coopers and Lybrand to provide transition services and protect the City of Denton's interest in implementing a new Employee Health Insurance Program with Philadelphia } American Life Insurance Company (PALICO) to be effective January 1, 1092. I S_I"WY ; The City Council authorized an agreement with Coopers & Lybrand in April, 199i, to conduct a comprehensive evaluation of the employee health Insurance f program and provide alternatives for providing expanded, quaalityrcoverage to employees and dependants in a more cost effective manner, a of l the process, the City has provided to Council an alternative that will significantly expand the coverage for health insuranceofor by ployeeslthrough Philadelphia American Life Insurance Company, new program will be at a cost savings both to the City and employees who choose to cover their dependents. ; Further, the contract with Coopers b Lybrand would provide funding to ensure a smooth transition to the new insurance program and protect the interest of the City through the interim Sanus contract in the initial coverage with PALICO The contract provides for close coordination of employee and dependent coverage from the Sanus/N.Y. Life program to the PALICO program. In I € addition, Mr. Dave Palatiere, the Coopers & Lybrand representative, will be I` PALICO in finalizing the contracts with the two local as the City and If Denton assisting 9 Hospitals, medical providers in the community, and the contracts with hospitals in the Dallas and Ft, Worth area that will provide any needed 'L tertiary care. In addition, the contract calls for Mr. Palatiere to be involved in providing assistance concerning the open enrollment meetings to ensure employees are fully informed of the new program. ; ~(OROl1fID:- With the Council's authorization in April, 199,,, thn City and Coopers & Lybrand conducted a comprehensive evaluation of the Employee Health f Insurance Program. Mr. Dave Palatiere and Tom K11nck met with representatives from the two local hospitals and representatives of the local physician groups to explore possible mutually beneficial arrangements T_ btu 1 November b, 1991 City Manager Report to City Council - Coopers & Lybrand Amendment Page 2 for cost-effective health care for our employees. In addition, Mr. Dave Palatiere explored contracts with hospitals in the Dallas/Ft. Worth Metroplex that would provide coverage for health situations not available in Denton. Mr. Palatiere also conducted discussions with Philadelphia American to determine the feasibility of underwriting the City's Health Insurance Program. Mr. Palatiere also conducted intense negotiations with Sanus/N.Y. I Life to ensure the City was receiving the most favorable renewal rate. From these alternatives, the staff is recommending a transition to a new, I expanded and more cost effective health insurance program for the City and its employees effective January 1, 1992, The program is proposed to be placed with Philadelphia American. We are requesting an amendment to the already approved contract with Coopers & Lybrand to: f -ensure a smooth, orderly, and effective transition of coverage for all employees, i -properly protect the interests of the City in finalizing the contracts with the hospitals and physicians, -provide an opportunity for all physicians to participate in the program, and that the City's information from Sanus/N.Y. Life is received in a proper order and timely manner. s The services to be provided by Coopers & Lybrand are; 1. Develop a transition and implementation plan that outlines the duties and responsibilities of all parties with appropriate due dates for completion ' 2. Conduct and direct implementation meetings with representatives of the City and PALICO 3. Conduct and direct meetings between PALICO and medical providers to finalize contracts providers include: - Denton Regional Medical Center - Denton Community Hospital y Denton Independent Physicians Association - North Texas Medical/Surgical Association Harris HES Hospital - Harris Methodist Hospital - Humana Medical City Hospital - RESTAT Pharmacy Program 4, Conduct and direct meetings with representatives from Sanus, PALICO and the City B. Conduct and direct monthly meetings with PALICO and City to ensure a f y November 6, 1991 City Manager Report to City Council - Coopers & Lybrand Amendment Page 3 smooth and orderly transition of all details for proper implementation. PRQQBAM AEPAWMENTB 0 AFFECTS The City Health Insurance Program covers all regular, full-time and part i time City of Denton employees in all departments FISCAL IMQAUI j Coopers & Lybrand will charge the City based on actual professional time spent and expenses incurred. In no event will the tasks, activities,' and project costs exceed $9,566. i I Respectfully submitted; ? L1oy V. Harrell City Manager Prepared by: , r I Thomas W. K11nck, Director of Personnel I ~ Apprc Se oK ii Scut ve Director for Municipal rvices and Economic Development cmrptib,prn 10/21/91 (3) i I 1 ewpdow cooplybr, o 900.24 I ORDINANCE NO. f AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS & LYBRAND, INC. RELATING TO PROFESSIONAL CONSULTING SERVICES FOR IMPLEMENTING THE CITYIS f EMPLOYEE HEALTH INSURANCE PROGRAM) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. s THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ' I 4 SECTION I. That the City Manager is authorized to execute an ~r agreement between the City of Denton and Coopers & Lybrand, inc. i relating to implementing the City's Employee Health Insurance ; program under the terms and conditions contained within said E amendment, a copy of which is attached hereto and made a part I hereof. SECTION II. That the City Council hereby authorizes the ex- penditure of funds not to exceed Nine Thousand Eight Hundred Fifty- five and No Cents ($90855.00) Dollars. 3 SECTION III. That this ordinance shall become effective immediately upon its passage and approval. , 1991. PASSED AND APPROVED this the day of r i BOB CASTLEBERRY, MAYOR ATTESTi J'ENN.T.FER WALTERS, CITY SECRETARY BYf APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt ' : { y s I Y AMENDMENT NO. ONE TO AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS & LYBRAND, INC. " 4 WHEREAS, on the 16th day of April, 1991 the City of Denton, Texas ("City") and Coopers & Lybrand, Ina ("Consultant") executed an Agreement ("the Agreement"); and WHEREAS, the parties wish to make certain amendments to said Agreement; NOW THEREFORE, the City and Consultant agree as follows: 1. That Section I.AI of the Agreement is hereby amended by adding the following sentence: Consultant shall assist the City in changing its employee health insurance plan from Sanus Texas program to Philadelphia American Life Health Insurance program. II. That Section I.B.1. through 8.9. of the Agreement is hereby amended to include the following: f r 101 Develop a transition plan and implementation plan. `r 11. Conduct and direct transition and implementation meetings with representatives of City of Denton, Philadelphia American Life and Medical provider groups. 12. Direct meetings with Philadelphia American and network providers to finalize contracts and Utilization Review programs. Meetings will be held with Denton Regional Medical Center, Denton Community Hospital, Denton IPA, North Texas Medical/Surgical, Harris HEB Hospitals Harris Methodist Hospital, Human Medical City and Prescription Drug Providers. 13. Direct meeting between representatives of Sanus and Philadelphia American to discuss all necessary transition issues and facilitate transition. 14. Direct monthly meetings with Philadelphia American and City s regarding on-going implementation and transition issues the effective date of the contract with Philadelphia American is January 1, 1992. r I. l ~ III. I That Section III. of the Agreement is hereby amended to include t the following: Activity/Task Time Frame { 7. Develop transition/implementation Within 2 working plan outlining duties and days of contract responsibilities of city, Consultant approval. and Philadelphia American. r 8. conduct and direct implementation within 5 working meetings with representatives of days of prior City and Philadelphia American. task. 5. Direct meetings between Philadelphia initiate meetings American and finalize contracts, etc. within 2 days of with providers listed in Section 11.3 completion of above. prior task. Should require 10 - 15 Working days r to complete. 10. Direct meeting between representative Within 2 days of. from Sanus, Philadelphia American and contract approval, city, regarding on-going implementation tasks. c } 11. Direct meetings (2) with Philadelphia On-going through American and City regarding on-going December 31, 1991. implementation tasks. i s Notwithstanding any language to the contrary in section TI of the Agreement, Coopers & Lybrand shall complete tasks 7 through 11 including award of new health insurance coverage by the City, not later than December 31, 1991. IV. That Section III of the Agreement is hereby amended by the addition of the following language: City agrees to pay Consultant for services listed in section 11.7 through 11 of this amendment as follows; PAGE 2 s } ESTIMATED C & L HIM FEES - TASK 2 $ 385 1. Develop transition/implementation plan outlining duties and responsi- ; bilities of City, Consultant and Philadelphia American. 8 1500 2. Conduct and direct implementation ` meetings Philadelphia representatives Of American. 5,000 i 3. Direct meetings between Philadelphia 30 American and finalize contracts, etc. . with providers listed in Section 11.3 above. 770 4 4. Direct meeting between representative from Sanus, Philadelphia American and city, regardinq on-going implementation tasks. ' with Philadelphia 12 11800 5, bisect meetings (2) on-going ~ American and City regarding on-go implementation tasks. 9 455 56 Total Hours. • • • . • • • • • • • • • • 1 • 400 11 Estimated out-of-pocket expenses i (Travel, Fax, Federal Express, etc) ;I i $9,855 'DOTAL FEES AND EXPENSES Consultant will charge the City based on actual professional time t spent and expenses incurred. In no event will the total project cost for completion of the services listed above exceed $9,855• V. in all other respects, the terms and conditions of the Agreement shall remain controlling. ~ EXECUTED this day of 1991. CITY OF DENTON Lloyd V. Harrell, C ty Manager PAGE 3 j I • • r ATTEST: Jennifer Walters, City Secretary By: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY. COOPERS AND LYBRAND, INC. i BY: 3 TITLE: } . DATE: } That Thomas W. Klinck, is hereby designated as the person to administer the provisions of this agreement. f DATE Lloyd V. Harrell, City Manager i i s f { i eauuam.ur 900.24 PAGE 4 l 00 November 5, 1991 CITY COUNCIL AGENDA ITEM f TO. MAYOR AND MEMBERS OF THE CITY COUNCIL , FROM: Lloyd V. Harrell, City Manager R SUBJECT: CONSIDER ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTER-LOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF GARLAND FOR THE PURCHASE OF FOUR (4) REMOTE TERMINAL S.C.A.D.A. UNITS, RECOMMENDATION C The Public Utilities Board, at their meeting of October 18, 1991., recommended i" to the City Council approval of the ordinance authorizing the Mayor to execute s - an Inter-Local Agreement between the City of Denton and the City of Garland for the purchase of four (4) remote terminal SCADA units, s SUMMARY/BACKGROUND j The City of Denton and other Texas Municipal Power Pool (TMPP) members' have agreed to arrangements with the Brazos system for, dispatching and electrical power interchange scheduling. The TMPP Pool Committee also agreed that Pool members should be responsible for the purchase of the remote terminal units (RTUs) required for their respective systems. The City of Garland, Texas, bid these RTUs and, by virtue of quantity purchases received the best prices per RTU available, The City of Denton and the City of Greenville, Texas, have both opted to purchase their required units through Garland PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton Electric Utility/ Substation Division, electric customers, Legal. Department, City Council and Public Utilities Board, { f T 7 FISCAL IMPACT Cost $78,799.54, funds budgeted 1990-91 Electric Substation Division Budget. y submitted, Res4VHarrellt oy City Manager Prepared by, Ernie Tullos, nirector, Electric Services C Ap ve f , E. )Nelson, Executive Director Department of Utilities Exhibits: 1. ordinance II. Interlocal Agreement III, Minutes PUB Meeting of October 18, 1991 _I W lgende Item 11/5/91 se"A Am Yuruhame from 0"lend A"TAU11-05 Diek AA (0R) ( ( 4 i , , EXCERPT MINUTES OF PUBLIC UTILITY BOARD MEETING OCTOBER 18, 1991 11. CONSIDER AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ` INTER-LOCAL, AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY f OF GARLAND FOR THE PURCHASE OF FOUR (4) REMOTE TERMINAL SC.ADA UNITS. Nelson gave a short overview of this item, total purchase price is $78,999.64. Coplen recommended to the City Counoil approval of subject ordinance. Second by Ridens, All ayes, no nays, motion carried. i f I { i a } i ORDINANCE NO. - CITY OF GARLAND FOR MAYOR TO AN ORDINANCE AUTHORIZING OFEDEN ON AND THE EXECUTE N AGREEMENT BETWEEN THE PROVIDINGAF R AN FOUR ( ) RDEMOTE TERMINAL S.C.A.D.A. UNITS; AND ; THE THE COUNCXL OF THE CITY OF DENTON HEREBY ORDAINS: f authorized to execute an asr TO I. That the Mayor in hereby ; Denton and inter local agreement between the City ote terminal Se CCA p.Af Garland for the purchase of four (4) units, a copy of which is attached hereto and incorporated by r reference herein. + S &jLQN Ii. That the expenditure of funds in an amount not to exceed $78999.+4 is hereby authorized. aFC•,rr~,N IIX. That this ordinance shall become effective i" immediate upon its passage and approval. , 199E E PASSED AND APPROVED this the day of BOB CkSTLEiMMY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYs ~ APPROVED AS TCN LEGAL FORMS DEBRA A. DRAYOVITCHO CITY ATTORNEY BY S i F MAMI i . y Ya.. , EfUW^!va i INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF GARLAND of Garland, This agreement is made this _ day of and 19 between the subdivisiantaffthexState of Texas. Texas, p Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Article 4413(32c) V. A.T.S.) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained heroin, agree-as followst I. + The City of Denton, Texas makes, constitutes and appoints the City of Garland, Texas, its true and lawful purchasing agent for the purchase of four (4) remote terminal B.C,A.D.A. units. The City of Denton agrees that the City of Garland shall be the purchasing agent for said items, and the City of Garland agrees to applicable st tutes and laws in purchases during othea term of this Agreement. The City of Denton agrees that all city otocifia d per Bo said items shall be as determined by he i requirements. ` III. The City of Garland shall be responsible for payment directly contract entered into pursuant to the each under to the vendor cooperative purchasing program, and shall be responsible for the vendoros compliance with all conditions of delivery and quality of the purchased items. IV. the Lloyd V. Harrell is hereby designated a in all pmarters representative to act for the City of Denton ralating to the program including the designation of specific contracts in which the CLty of Denton desires to participate, AAAMM 7 7 y h J V. This agreement shall take effect upon execution by the signatories and shall be in ePfact from the date of execution until delivery, acceptance and payment for the specified material had been completed. IN WITNESS WHEREOF, the parties terato have caused this agreement to be executed by their authorized officers the day and ; j year first above written. CITY OF DENTON, TEXAS 1 y 3 LLOYD V. HARRELL, CITY MANAGER t ! y ATTES'T' S JENNIFER WALTERS, CITY SECRETARY t BY: APP 616 AS To LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BYS CITY OF GARLAND j ATTESTS SECRETARY AAAOOOd! fi s S•.\ • jdLFyhV I. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, APPROVING A COMPROMISE SETTLE- MENT AND RELEASE AGREEMENT WITH FERNANDO MARTINEZ; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Compromise Settlement and Release Agreement between the City of Denton and Fernando Martinez, providing for the settlement and compromise of the claim now pend- ; ing between the parties is approved in accordance with its terms, and the City Manager is authorized to execute the agreement and all such action as is other documents and make the payments and take u ` necessary to comply with the terms of said agreement. SECTION IL. That this ordinance shall become effective, immediately upon its passage and approval. i PASSED AND APPROVED this the _ day of , 1991. S BOB CASTLEBERRY, MAYOR i - l ' t ATTESTt i JENNIFER WALTERS, CITY SECRETARY I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BYt _i i 'I s i RELEASE i j KNOW ALL MEN BY THESE PRESENTS; That I, the undersigned, FERNANDO MARTINEZ, for and in consideration of the sum of Thirteen Thousand and No/100 Dollars i { ($13,000.00) cash to me in hand paid, receipt of which is hereby acknowledged and confessed, do hereby for myself, my heirs, representatives and assigns, forever release, discharge, and acquit THE CITY OF DENTON, TEXAS, its officers, elected officials, employees, agents, insurers, and attorneys, of and from any and all claims, suits, actions, causes of action, demands, damages, costs, expensesp and compensation growing out of, or arising Prom an j t accident which occurred on or about March 23, 1991, or from any i other event which occurred prior to the date of this release; and I do further in consideration of such payment release, discharge, and acquit the City of Denton, Texas, its officers, elected officials, employees, agents, insurers, and attorneys, of and from any and all claims in this matter heretofore rendered in this cause; and I do here and now declare such, as to recover awarded to j me, to have been fully paid, discharged, and satisfied. j WITNESS MY HAND this day of 1991• FERNANDO MARTINEZ FERNANDO MARIINE2 RELEASEVAGE I i fM'.> 4fY.4Nl9, y APPROVED: { i ROJER R. JOYNER Attorney for Plaintiff f THE STATE OF TEXAS § COUNTY OF DENTON § r` This instrument was acknowledged before me on the day of , 1991, by Fernando Martinez, Individu- ally. i NOTARY PUBLIC, STATE OF TEXAS ~ f i I i { l ~ I FEAMMM MARTINEZ AELEASEWU 2 •..I + 1 3 k DATRs 10/30/91 CT Y COUKQIL R?PORT_FORMAT a TOt Mayor and Members of the city Council FROMt Lloyd V. Harrell, City Manager I. SUBJECTt Ray Roberts 36" Transmission Water Line . 1 RECD aNDATTONt Approve ordinance authorizing payment of $25,420.00 to Patsy L. Hutton, Trustee for Agnes Molonney. ` SUMMARY1 The subject easement is 50' in width and has 3710.7' of length along Sherman Drive and R.M. 2153. The dollar amount shown has been calculated utilising the dollar amount per acre as directed by the City Council at the February 19, 1991 meeting. BACKGROUND! The City of Denton, Utility Department, Water/Waste Water Division will be constructing a water treatment plant at Lake Ray Roberts and a booster pump and l water storage facility on the north side of Hartlee field road. A 36" transmission water line to connect these fsoilities will be located along 9herom Drive (a.M. 428)0 F.M. 2153 and Burger road. Easements along and adjacent to k these vztads are in the process of being obtained and will be scheduled for council approval as they are negotiated. PAObRM DRPARn%NTS OR GROUPS AFFECTSDt i Utility Department - Water wastewater Division ~"IBCAL Y ACTt ~ 1991 Bond Fund - Capital Improvements Program - Ray Roberts 36" Transmission Water Line expenditure. Present acquisition is recommended due to low land values and easements are necessary before construction of waterline is initiated. E rr AZX0007A d ayA\STSP[ Y i I CITY of DENTON, TsXAS MUNICIPAL BUILDING / 215 E, McKINNEY / DENTON, TEXAS 76201 MEMORANDUM i i DAT80 October 305 1991 TO$ Lloyd V. Harrell, City Manager FROMI Roger H. Wilkinson, engineering Teoh Supervisor/ROW gUg.TSOTi Ray Roberts Transmission Water Line Easement Acquisition 1 Patsy An rarement for the above referenced project has beThey hav en negotiated 'agreed s~ accept I, L. Hutton, Trustee for Hs. Agnew McKennspp. ` Hut .00. rust offer was calculated utilising the aiaounts approved by the 420 city Council at the February 19, 1991 meeting. The attached plat illustrates the location of the property along the north side of shermon Drive (F.H. 428) and the West side of F.M. 2153. I it is rsaommanded that this amount be paid for the easement acquisition. E should you have any questions, please contact me at your earliest opportunity. E i I ` iRr H. nron AE800057 8171566.8100 0/FW METRO 434.2514 j I i 50' 20' 19 Owner 7 ENnt. E4m1. (ura( (acrae;^ 17ger Rd 1, city Booster Plant Site /A NIA 13 2. Schaffer i 3. Ashcratt * 13 4. H. Service kxWstrles 9.2540 3.7019 I N 6. State Hwy. Permit NIA NIA 18 e. field 2.1163 .9460 1e ' 7, county Road Permit NIA NIA 15 14 N i 8. .2606 .1164 9. Sauis 0.6060 2202lI ( } 13 10, Betzal 1,4134 .0060 11. Whitlock 1.2904 .6167 Sheppar S , 12. utton, Ttustee 4,2168 1,4678 f 13, Craver (Do") James 10.0581 4,3614 1111 12 FM 428 ' i 14, Hemphill 1.7178 .6660 10 1 g. fridges ~IAfrtpftlN 4200 .1260 HOD" 4 r 18. Bryeon .7520 $000 ~ g 6 I 17. Allerl LOW .4860 18. MoSween .3461 .1992 g 1 N/A NIA »D1" 19. Gty Water Plant Site 7 8 ' Totals 40.2621 10.1121. 8 ' I •5,....11-~ g pear+C~~ L. ryvb9~•no 9ou6 ; * 40' Access & Utility Easement 38' Water Line G~ 4 ~H/►NwuiM1 ~~wl. 3 ~~W QM~Nwt1M9~w1 1 2 Hartlee Field Rd. 36" Transmission Water Line Easement Alignment f wthutton 1425.3.4 i i 1 F ORDINANCE NO. AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM E , PATSY L. HUTTON; AUTHORIZING EXPENDITURE OF FUNDS= AND PROVIDING ,i FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the City Council authorizes the acquisition ~ of the easement described in Exhibit "A" attached hereto, from Patsy L. Hutton. z 90ION_II. That ttj.o Council authorizes the expenditure of funds in the amount of Twenty-Five Thousand, Four Hundred and Twenty Dollars ($25,420.00) for the purchase of said easement. j, SE TOM III. That this ordinance shall become effective im mediataly upon its passage and approval. ~r PASSED AND APPROVED this the day of 1991. k 01, I BOB CASTLEBERRY, MAYOR I ATTESTS j JENNIFER WALTERS, CITY SECRETARY r SYS APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BYI LL4~~n I~ EXHIBIT "A" ALL that certain lot, tract, or parcel of land situated in Denton r county, Texas in the S. Lamar Survey A-7611 the E. Myers Survey A- 932 and the E. Myers Survey A-933 and being a part of at tract shown by deeds to D.S. McKenney and wife Agnes McKenney recorded in ` Volume 329, Page 6110 Volume 434, Page 177, and Volume 4o3f1,Page 12 Deed Records of Denton County Texas, and being part tract as described in a deed to Patsy L. Hutton, Trustee, recorded Real Pro in as Volume 2933, 768ticularly d scribed asofollows:Denton County, Texas being more BEGINNING at the most westerly southeast corner of the tract described in Volume 431, Page 12 Deed Records; , THENCE north 890 211 54" west a distance of 70.59 feet; THENCE north 450 320 13" east a distance ofd 1,109.11 feet; THENCE north 230 090 05" east a distance of 72.68 feet; THENCE north 000 45' 57" east a distance of 637.29 feet to the beginning of a curve to the left whose radius point bears north 86' 130 57" west 1,814.86 feet and central angle is 256 341 230; k , THENCE with said curve to the left 810.03 feet to the end of said 1 ourve; THENCE north 240 481 29" west a distance of 763.53 feet to the i beginning of a curve to the right whose radius point bears north f 650 110 31" east 1,240.92 feet and central angle is 140 560 21"; TREW with said curve to the right 323.56 feet to a point in a fent.- on the south line of Sheppard R ! s , THENCE south 88° 33' 28" east with the south line of Sheppard Road 51.03 feet to a point in a curve to the left, of the west right-of- way of F.M. 2153, whose radius point bears north 79. 38' 58" east 1,190.92 feet and central angle is 140 270 27"; THENCE in a southeasterly direction with said curve 300s51 feet to the end of curve; THENCE south 240 481 29" east a distance of 763.53 feet to the beginning of a curve to the right whose radius point bears south 650 11' 40" west 1,864.86 feet; 35 ourvoo through a central fa t to the end o! ou ve; angle o! 25° 34' 23" a TEENOEiof 832.said distance THENCE south 00 45' 57" west a distance of 647.19 feet; THENCE south 230 091 05" west a distance of 92.46 feet; i ~ , e,azsrz i i i TgEIIC~ south 45° 32' 13" west a distance of 1,069.17 feet to the Point of Beginning and containing 4.2593 acres also reserved is e 20 feet wide construction easement along the entire northwesterly ' and westerly side of the above easement. AEE00015/5 i i s r ~ f s E ~ k i 1 ' k:mi~ e[X 1 UTILITY EASEMENT That Patsv L Hutton, 'trustee, (Grantor), in consideration of the payment of Twenty f"~ve thousand four hundred and twenty Anllare ($2& 420.00) by the CITY OF DENTON, Texas, (City), municipal corporation of the State of Texas, receipt of which is hereby acknowledged, grants and conveys to the City a permanent and p ewerr electrio distribution ower arY s it sa for w afar. n ; easement stormwater drainage pipes, lines, and facilities across the real incorporatd into this a document described by referencet "A", attached to and propert The grant made includes and is subject to the following: s, 1. Purpose. This easement grants to the City the right and a construct, install, reconstruct, repair, relocater open maintain water, sanitary sewer, and stormwater pipelines, valves, { facilities and appurtenances, electric poles, wires and related • facilities, and other public utilities and related facilities in, on, over, under and across the permanent easement. 2. Temporary Construction Easement. In addition to the per- manent easement, the City is granted a temporary construction ease- ment for the initial construction only of one water transmission pipeline. The temporary construction easement shall be twenty (20) feet in width and shall extend parallel to the permanent easement, all as shown in Exhibit A. Uron conclusion of the initial con- struction, the temporary construction easement shall terminate and the city shall remove all debris, surplus material, and construe- tion equipment and leave the property substantially equal in appearance to the condition existing prior to construction, except for any trees or shrubs removed. 3. Building and Structures. Grantor shall not construct, erect or place any buildings, signs, or other permanent structures, or portions thereof, in, on, or over the easement. The city will re- place or repair any sidewalk, parking lot, or driveway that exists on the easement on the date of execution of this instrument if re- moved or damaged by the City during initial construction of the water transmission line. If the Grantor constructs or places a building, sign, parking lot, driveway, private walkway or other structures or improvements over the easement after execution of this easement document, the city may remove all or part of the structures or iin-t ovements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor, including the obligation to make further payment to Grantor, 3 T - - T T - - - T _ r V, , i 1 4. Fences and Gates. If necessary to remove or relocate any fence or gate during initial construction of the water transmission line, the city will remove or relocate the fence or gate at its expense. After completion of the initial construction, the City shall reinstall any fence or gates initially removed or relocated in their original locations. The Grantor, but not the City, may construct new fences and gates on the easement after the date of this instrument but the fences and gates shall be placed substan- tially perpendicular to the easement. Any fences placed across the i easement shall contain gates or removable panels so that the ease- ment is readily accessible by the City's employees and agents at all times. If gates are to be kept locked by Grantor, the City shall be provided the keys or other means, as applicable, so the City may open all locks for access without prior notice to Grantor, 5. Access. For purposes of exercising its rights, the City shall have access to the easement by way of existing public pro- party or right-of-way and not from other lands owned by Grantor outside the easement. Grant 6. Trees and Landscaping. or shall not plant any tree upon the easement proparty. Ccity may cut, trim, or completely E , remove any trees or portions of trees now or hereafter located j within the easement without liability to Grantor, including the obligation to make further payment to Grantor. Grantor may plant shrubs, vines, grass, irrigation systems and other systems land- scape features within the easement, but the City may remove all or k part of any shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, replace, repair, alter, relo- cate, or operate its utilities without any liability to Grantore ; including the obligation to make further payment to Grantor. Any area disturbed during construction will be seeded as per City of Denton specifications, subsidence associated with said construction will be repaired by the grantee in a timely manner. 7. Crops. The payment herein made includes any damage or lose j to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted. 8. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purpose granted, subject to ; the restrictions contained herein. 9. Neither party has made any representations or promises out- ! side the written provisions of this easement document relating to the subject matter of this easement document. 10. Successors and Assigns. This grant shall run with the land and shall be binding upon the parties and their hel.rs, successors, and assigns. i ~ Nn. n.. - cvxxsn+ ~i 1 SIGNED this saT" day of OcroeE2 , 1991. 4 1 17 Patsy .'Hutton, Trustee S S I0 An SWORN TO BEFORE ME, by ~~tlY L. 4 t D day of 1991. F 40 3 Notary ia, State of Taxes 44 of led. orantee~e addressc city of Denton 215 E. McKinney Denton, Texas 96201 H f it r; 3 i EXHIBIT "All ALL that certain lot, tract, or parcel of land situated in Denton County, Texas in the S. Lamar, sSurvey A-761, the E. Myers Survey A- 932 and the E. Myers Survey A-933 and being a part of a tract shown by deeds to D.S. McKenney and wife Agnes McKenney recorded in Volume 329, Page 611, Volume 434, Page 177, and Volume 431, Page 12 Deed Records of Denton County Texas, and being part of the same tract as described in a deed to Patsy L. Hutton, Trustee, recorded in volume 2933, Page 768 Real Property Records of Denton County, Texas being more particularly described as follows: ; BEGINNING at the most westerly southeast corner of the tract described in Volume 431, Page 12 Deed Records; THENCE north 890 21' 54" west a distance of 70.59 feet; THENCE north 450 32' 13" east a distance of 1,109.11 feet; THENCE north 230 091 05" east a distance of 72.68 feet; THENCE north 006 45' 57" east a distance of 637.29 feet to the beginning of a curve to the left whose radius point bears north 890 131 57" west 1,814.86 feet and central angle is 250 341 23"; THENCE with said curve to the left 810.03 feet to the end of said f i curve; THENCE north 249 480 29" west a distance of 763.53 feet to the beginning of a curve to the right whose radius point bears north i 650 Ill 31" east 11240.92 feet and central angle is 140 561 21'x; THENCE with said curve to the right 323.55 feet to a point in a fence on the south line of Sheppard Road; THENCE south 880 331 280' east with the south line of Sheppard Road 51.03 feet to a point in a curve to the left, of the west right-of- way of F.M. 2153, whose radius point bears north 790 381 5811 east 10190.92 feet and central angle is 140 271 2711; THENCE in a southeasterly direction with said curve 300.51 feet to 1 i the end of curve; t THENCE south 240 481 29" east a distance of 763.53 feet to the beginning of a curve to the right whose radius paint bears south 650 11' 40" west 1,864.86 feet; THENCE with said curve, through a central angle of 250 341 23" a distance of 832.35 feet to the and of curve; THENCE south 00 450 57" west a distance of 647.19 feet; THENCE south 230 09f 05" west a distance of 92.46 feet; i E E ~•.i• 191:1'AtYJT.p THENCE south 450 3V 13" west a distance of 11069.17 feet to the Point of Beginning and containing 4,2593 acres also reserved is a j 20 feet wide construction easement along the entire northwesterly and westerly side of the above easement. AEE00015/5 t } 1 i I 1 J f i C I i w_.,. MC f YAM DATE: II/05/91 CITY COUNCIL REPORT FORMAT TOs Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECT: Adoption of an ordinance amending Chapter 20 of the Code of Ordinances relating to keeping sidewalks, parkways, and alleyways clean and free of weeds and trash RECOMMENDATION: Staff recommends adoption of the ordinanoe. BACKGROUND: This ordinance was omitted in the reaodifioation of the City Code of Ordinances. The ordinance was originally approved by the City Council in October of 1973. During the revoLI fioation, the section A , was omitted under the assumption that the gpass anO weeds and trash and debris ordinances would cover oidewalks, parkways, and ; alleyways. However, we feel that this section provides . clarification on owner, tenant or losses responeibilitiex` to maintain these areas. s ;t SUMMARY: The ordinance provides that it is the responsibility of the owner to keep the abutting or adjacent sidewalk, parkway', or alleyway clean. The ordinance further states that all weeds and trash must be properly disposed. The wording of the ordinance is the same as that adopted in 1975 PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDS Enforcement and Beautification Division, Parks Dept„ Streets Division a FISCAL IMPACTS No impact. TE'.the City assumed maintenance; of there areas our mowing costs would increase. t Respe ally Nub it edt Prepared by: Ll d Harrell , I„ City Manager Cecile Carson Administrative Analyst z Appr ds sus ava sais ant to the city or i i 3 L pa. i i i1e.ord .8 1. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO CREATE A DUTY TO KEEP SIDEWALKS, PARKWAYS AND ALLEYWAYS CLEAN; PROVIDING FOR ABATEMENT BY THE CITY FOR FAILURE TO COMPLY; PROVIDING FOR A PENALTY IN THE MAXIMUM.. AMOUNT OF $500 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. t THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Chapter 20 of the Code of ordinances is amended by adding a new section 20-5 to read as follows: { Soot 20-5. Duty to keep sidewalk, parkway and alloyway clean. i ~ It shall be the duty of the owner, tenant or lessee to keep { the abutting or adjacent sidewalk, parkway and alleyway ( clean and free of all weeds, trash, rubbish, filth, and debris and to place such material in trash receptacles as required by this code and failure to comply with the re- quirement of this section shall be and hereby is declared to constitute a nuisance subject to abatmment as provided in this Chapter. I SECTION II. That Section 20-81 of Chapter 20 of the Code of ordinances is hereby amended to read as follows: { goo. 20-91. Notice of violation. If the owner of property fails or refuses to comply with section ?^-3, section 20-5, section 20-71, or section 6-88 of t:,is Cote, the City shall give written notice of said J violation to the property owner. The notice shall be de- 1 livered to the owner or mailed to the owner's post office address. If delivery in person is not possible or if the owner's post office address is unknown notice shall be given by publication in the Cityts official newspaper at least twice within ten (10) consecutive days. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective four- teen (14) 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 news- paper of the City of Denton, Texas, within ten (t.n) days of the date of its passage. -I lw IMF- i ~h PASSED i , and APPROVED the day of 1991. ~ s BOB CASTLEBERRY, MAYOR AT'T'EST: JENNIFER WALTERS, CITY SECRETARY I i , BY: APPROVED AS TO LEGAL FORMS DEBRA A, DRAYOVITCH, CITY ATTORNEY By =l r E c 1 i i IE~I f f j C T f cfTY of IDlNTON, TEXAS MUNICIPAL BUILDING / 215 E. MaKINNEY / DENTON, TEXAS 76201 1 I , i M E M O R A N D U M i TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance UUU DATE: October 31, 1991 I t , SUBJECT: DENTON CENTRAL APPRAISAL DISTRICT NOMINATIONS i On Friday October 18 the mayor and I met with several Independent ,to discuss the nominees for the Den Representatives ~ School District Denton Central Appraisal District Board of Directors. It was suggested at this meeting that since the City of Denton did 'not have enough votes to solely elect its own representative that the City is encouraged to cast all of its votes for Honcca Brock. other nominees were discussed by the various Independent School, Districts and at that time it was indicated that the Denton independent school District would also be casting some of its votes for Mr, Brock. If you have any questions regarding this matter please advise. { JFM:lb 00093 E E 81715668200 D/FW METRO 4342529 t 17(~ 19 DENTON CENTRAL APPRAISAL DIST ~W[9 3011 MOASE P.O. BOX 28 B STREET Q C T 2 9, RECD DENTON. TEXAS 76202.2816 JOE D. ROGERS, CTAlRPAIRTA 817566 0804 Gm Chfal Appralser ~ JOHN D. BROWN, RPA JON BECK, ChAkman r` Deputy Chef Appraiser CLARENCE MYERS, "00-Chairmen JOE A. FORSYTHE RICHARD SMITH, Secretary Deputy Chief Appraisef.Administraeon TROY WHITE ' HORACE BROCK ~r! I T0, All Taxing Jurisdictions ' FROMr Joe R, Rogers DATE, October 17, 1991 SUBJECT, Candidates to Board of Directors - Denton Central Appraisal District r i Candidates to the Denton Central Appraisal District Board of Directors are listed below alphabetically by each candidates last name. Each voting unit must cast its vote by written resojution and submit it to the Chief Appraiser by November 14th The unit may cast all its votes for one candidate or may distribute the votes among any ' number of candidates, , Some voting units may have enough votes to select several directors to the Board, To share representation on the Board, several units may wish to vote for the same candidate. The five nominees receiving the most votes will become Board members, A voting unit must cast its votes for a person nominated and named on the ballot, There is no provision for write-in candidates, The Chief Appraiser may not count votes cast for someone not `listed on the official ballot. Candidates nominated by taxing Jurisdictions, ,f 1. Beck, Jon 6, Myers, Clarence ; t 2. Brock, Horace 7, Neely, Debbie 3, Clinton, Tracy 8, Preston, Vivian 4, Hughes, Elbert 9. Smith, Richard 5, Moore, Brad 10, Weaver, Dick Joe D. Rogers Chief Appraiser kr1. 'X.iNnrxig j.. 4e5P~;ba u i I budget/ss/boardl DENTON CENTRAL APPRAISAL DISTRICT 1992 BUDGET ALLOCATIONS WORKSHEET NUMBER OF JURISDICTIONS VOTES SCHOOL DISTRICTSi ARGYLE ISD 60 AUBREY ISD 27 B27 L DENTON ISD 27 KRUM ISD 105 LAKE DA14LAS ISD 1,565 LEWISVILLE ISD 39 LITTLE ELM ISD 257 NORTHWEST ISD PILOT POINT ISO 45 PONDER ISD 18 58 SANGER ISD DIETS TOTALS r-------------- SCHOOL rrrra1wr10rr1lrarwrl0 Y. X i DENTON COUNTYi 790. l DENTON COUNTY TOTALS rarrrwrrrrrswrr ` 1 i i 4 f • ~ i S x~ i j budget/ss/boardl DENTON CENTRAL APPRAISAL DISTRICT 1992 BUDGET ALLOCATIONS WORKSHEET CITIES CITY OF ARGYLE 6 CITY OF AUBREY 3 r TOWN OF SARTONVILLE 1 z CITY OF THE COLONY 113 TOWN OF CORINTH 24 CITY OF DENTON 407 CITY OF DOUBLE OAK 5 CITY OF FLOWER MOUND 109 TOWN OF HACKBERRY 1 TOWN OF HICKORY CREEK 7 CITY OF HIGHLAND VLG 56 CITY OF JUSTIN 3 ;f CITY OF KRUOERVILLE CITY OF KRUM 2 c CITY OF LAKE DALLAS 12 CITY OF LAKEWOOD VIL :TTY OF LEWISVILLE 323 I CITY OF LITTLE ELM 9 J i CITY OF MARSHALL CRK 1 CITY OF NORTHLAKE 1 CITY OF OAK POINT 2 'r ! CITY OF PILOT POINT 9 fit' t CITY OF PONDER 1 CITY OF ROANOKE 3 CITY OF SANGER li CITY OF TROPHY CLUB 17 TOTAL FOR CITIES 1,122 wwrwrrrrwrrrrwrwrrr + rrrrrrrrwrrwwwrrrrw 1 FINAL TOTALS 50000 3 rrrrrwrwwrrrrrrrrrr j ' ~ E E { WIALL00072 600.3.7 + 1 ` RESOLUTION NO. f OF A RESOLUTION CASTING VOTES FOR DISTRICT P AND H ECLARINGAN REFFECTIVE THE DENTON CENTRAL APPRAISAL DATE. u THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: Texas, Denton, for Of GF TION~, That the City Council of the City 5 or E irectors of the Denton Central Appraisal 6 hereby oasts votes for membership to the card of D p of Denton, Texas. Distriot for the County , That this Resolution shall become effective from and t e after i~ sate of passage* day of , 1991. PASSED AND APPROVED this the BOB CASTLEBERRY, MAYOR j s I { ATTEST: CITY SECRETARY i i JENNIFER WALTERS, 4 BY: ! APPROVED AS TO LEGAL FORMS:ATTORNEX DEBRA A. DRAYOVITCH, CITY E BY 4 ~v11r . RIt\t'N U',• 62'tlaSE F ~a DATEI 10/28/91 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager SUBJECTS Resolution to approve State reimbursement for Traffic Signal Maintenance RECOMMENDAT ONi Approve Resolution r $y't, The state is implementing the law passed by the legislature that funds a program a to reimburse nities over 50,000 that maintain traffic signals on controlled access highways. s 1 BACKOROUNDs II~' S The program allows the City to receive reimbursement or to return maintenance to the State. The City of Denton has too many signals in close proximity so releasing maintenance could have a negative impact. j PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDr I City of Denton, Engineering and Transportation Department, and state of Texas FISCAL IMP _CTS Adds $6,968 of revenue to city of Denton. State of Texas will assume power costs for the same four intersections which is estimated to save the street light and signal budget approximately $6,055 - $505 per month. I i i } F f l i I j I f t CITY of aENTON, TiXAi MUNICIPAL BUILDING / 215 F, M6KINNEY / DENTON, TEXAS 76201 MEMORANDUM i I DATE: October 28, 1991 TO: Lloyd Harrell, City Manager FROM., Jerry Clark, Director of Engineering & Transportation , SUBJECT: State reimbursement of traffic signal maintenance The State of Texas defines two categories for classifying traffic signal maintenance responsibilities. Denton falls in category B for cities over 50,000 population. Denton is responsible for 1 maintenance of all signals on Farm to Market roads and U.B. Highways. The State is responsible for all controlled access roads which is applicable to all sections of 135, 135E, and 135W. ! 135 W has no signals at this time. This agreement wi',.l allow the State to reimburse the city of Denton for $6,968 in quarterly payments to recover our costs. As other signals are added or conditions change, this figure may a rise. The signals are listed in the agreement. These dollars can help upgrade our signal maintenance and operations at these i intersections at a time when dollars are difficult to obtain. Examples of improved service would be better maintenance of traffic signal loops (keeps signals traffic sus state will reimbursaerall fixed time and unflexible). emergency costs due to acts of nature, traffic accidents, eto. The final item to cover is that the state will also assume the cost of power for the signals. our monthly costs are averaging $505 which would save the City $6,060 annually. My understanding is that we are the first to apply in this area which is important since the State has limited funds this year. Please place this item before the City Council fortapnroval at the November 4, 1991 meeting. JeYY la c 817/566.8200 D/FW METRO 434.2629 ! % n roux x I cvrefsig,r RESOLUTION NO. s A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN f THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR e THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTE NANCE OF TRAFFIC SIGNALS; AND PROVIDING FOR AN EFFECTIVE DATE. II 9 ~ THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESs 1 I GCTIpN I._ That the mayor is authorized to execute an agree- ment between the City of Denton and the Texas Department of , Transportation _.;r the installation and reimbursement for the. operation and maintenance of traffic signals under the terms and { conditions contained in the agreement attached hereto. fFCT oI N ZIP That this resolution shall become effective § 1 ' immediately upon its passage and approval. ) PASSED AND APPROVED this the day of , 1991. x BOB CASTLEBERRY, MAYOR r ATTEST: JENNIFER WALTERSr CITY SECRETARY 9 'i ` BY: APPROVED AS TO LEGAL FORMS ¢ DEBRA A. DRAYOVITCH, CITY ATTORNEY BYS s y WSW,] j Agreement No. AGREEMENT FOR THE INSTALLATION AND REIMBTIRSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY THE STATE OF TEXAS** THE COUNTY OF TRAVIS** } THIS AGREEMENT made by and through the State of Texas acting } by and through the Texas Department of Transportation, hereinafter i called the "State" and the City of Denton hereinafter called the "City," acting by and t rough to duly f{` authorized officers, as evidenced by Resolution/Ordinance No, f executed on , hereinafter acknowledged by reference. W I T N E S S E T H i WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State on the 17th day of June , 19801 the State has been authorized to maintain certain highway routes within the City; and S WHEREAS, from time to time the City requests the State to install traffic signals on certain highways within the Cityl and WHEREAS, in accordance with Texas Administrative Codes 43 Texas } Administrative Code Section 25.5, on the 27th day of May, 1987, the state Highway and Public Transportation Minute order No. 85777, attached hereto and identified as EXHIBIT iI,~ authorizing the state to install, operate and maintain traffic { signals ont (a) highway routes not designated as full control of access inside the corporate limits of'citiox, having a population less than 50,000 (latest Federal Census); and (b) highways 1 designated as full control of access in all cities; and ; WHEREAS, the City has a population of (over/lass) than $0,000 population according to the latest Federal Census; and WHEREAS, The City requests the state to assume the installation, operation and maintenance responsibilities of the traffic signals as shown in EXHIBIT IX, attached hereto and made a part of this agreement; and Page 1 of 6 AGREEMENT (TRAP. SIG. - REIMBURSE CITY) 9.191 j z. V WHEREAS, the City agrees to maintain and operate the traffic signals with the state reimbursing the City for all maintenance and operations costs at a flat rate per location as shown on Exhibit IV. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: A G R E E M E N T f i, s Article 1. Contract Period i This agreement becomes effective when fully executed by the City and the state and shall remain in force .'or a period of one year from ? the date of final execution by the Stato and shall be automatically renewed annually for a one year period, unless modified by mutual agreement of both parties, or terminated as hereinafter provided. Article 2. Construction Responsibilities y A. The State shall prepare or cause to be prepared the plans and specifications, advertise for bids, let the construction contract, o or otherwise provide for the construction of new traffic signals and/or reconstruction of existing traffic signals (including, at the state's option, any special auxiliary equipment, interconnect and/oar ~ communication material and equipment), and will supervise construction, roconstruction or betterment work as required by said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the state will submit plans and specifications of the proposed work to the City and will T secure the City's consent to construct the traffic signal prior to awarding the contract; said City consent to be signified by the signatures of duly authorized city officers in the spaces provided on the title sheet of plans containing the following notationt "Attachment No._ N14 to special agreement for construction, maintenance and operation of traffic signals within municipality, dated The City-State construction, maintenance, and operation 3 responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement to which these plans are made a part." 8, All costs of construction and/or reconstruction of new and existing traffic signals will be borne by the state, and the traffic signal system will remain the property of the State, Page 2 of 6 AGREEMENT (TRAP. SIG. - REIMBURSE CITY) 9-91 s, 3 i rr •r' icunrr+~ Article 3. Maintenance, operation, and Power Responsibilities A. The State shall be responBible for all electrical power costs for the operation of the traffic signals covered by this agreement and shown on EXHIBIT II. Power costs shall be billed as specified' in EXHIBIT III, "Traffic Signal Maintenance and Operations Provisions," attached hereto and made a part of this agreement. 10 B. The City will provide a trained staff to maintain and operate the traffic signals shown on EXHIBIT II, and the State will reimburse the City at the flat rate shown in Exhibit IV for parts and labor. All repairs shall be prioritized based on public safety and made as soon as possible. I C. The City shall maintain and operate the traffic signals in accordance with the minimum requirements specified in EXHIBIT III. y , D. The City shall maintain at least one log of all emergency calls sr and all routine maintenance. 5 i E. Routine maintenance will be performed by the city as specified in EXHIBIT III, Article 4. Compensation A. The maximum amount payable under this agreement is $ 6,968.00 B. Calculations for the above lump sum amount shall be shown in EXHIBIT IV, attached hereto and made a part of this agreement for maintaining and operating the traffic signal installations covered 9 under this agreement. ! C. The addition or deletion of traffic signals shall be made by supplemental agreement. Article 5. Payment A. The State agrees to reimburse the City at the flat rate shown } in Exhibit IV for maintenance and operation costs for the traffic } signals described in EXHIBIT II. The City shall submit to the state Form 132, IfBilling statement," or an invoice statement acceptable to the State on a (monthly/quarterly/annual basis). An original Form 132 or acceptable invoice and four copies shall be submitted to the f r following addresss Texas Departrent of Transportation P.O. Box 3067 Dallas, Texas 75221-3067 B. The City shall maintain a system of records necessary to support and establish the eligibility of all claims for payment under the terms of this agreement. These records may be reviewed at Page 3 of 6 AGREEMENT (TRAF. SIG. - REIMBURSE CITY) 9-91 VA, nyex•:au~ c any time to substantiate the payment by the State and/or determine the need for an adjustment in the amount paid by the State. C. The State shall make payment to the City within 30 daye, from receipt of the City's request for payment, provided that the request is properly prepared. D. Knockdowns or damage resulting from accident or act of God and requiring emergency replacement of major equipment shall not be included in the (ma4thLy/ quarterly/aA*w a) payments. For j eligibility of payment for emergency replacement of major equipment, " actual cost shall be submitted to the State for review and determination of reimbursement eligibility. E. Payment for the addition or deletion of a traffic signal installation shall be made by supplemental agreement. r Article 6. Indemnification j To the extent permitted by law, the City shall indemnify and save 4 harmless the State, its agents, officers or employees from all i suits, actions or claims and from all liability and damages for any s and all injuries or damages sustained by any person or property in consequence of any neglect in the performance, or failure of performance by the City, its agents, officers and employees under r this agreement. F Article 7. Termination i A. This agreement may be terminated by any of the following conditions: , (1) By mutual agreement and consent of both parties. 1 (2) By the State upon thirty (30) days written notice to the City ' for failure of the City to provide adequate maintenance and operation services for those traffic signal installations which the City has agreed to maintain and operate. , (3) By the State upon sixty (60) days written notice to the city 1 that the state will assume operation and maintenance at the end of the one (1) year period of this contract. (4) By the City upon one hundred twenty (120) days written notice ) to the State. B. In the event this agreement is terminated by any of the above conditions, the maintenance and operation of the traffic signal systems shall become the responsibility of the state. Any state owned equipment being held by the City shall be promptly returned within 30 calendar days to the State upon termination of this agreement. Page 4 of 6 AGREEMENT (TRAF. SIG. - REIMBURSE CITY) 9-91 i Sis. • v~a+at Article 8. Subletting The City shall not sublet or transfer any portion of the work undor this agreement unless specifically approved in writing by the State. All subcontracts shall include the provisions required in this contract and shall be approved in writing by the State, Article 9. Amendments , Changes in the character, costs, provisions in the attached exhibits, responsibilities or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must ? be executed by both parties. t, Article 19. Successors and Assigns The State and the City bind themselves, successors, assigns and legal representatives to the other party to this agreement and the successors, assigns and legal representatives of such other party to all covenants and provisions provided herein. Furthermore, the City i shall not assign, sublet or transfer any interests in this agreement, I without the written consent of the State. , Article 11. Legal Construction { In case any one or more of the provisions contained in this f agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or t, f 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 herefa. s Article 12. Prior Agreements Superseded j This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or { oral agreements between the parties respecting the within subject 1 matter. i . ki l Page 5 of 6 AGREEMENT (TRAM'. SIG. - REIMBURSE CITY) 9-91 I i ~ i IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED TRIPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. i The City oft THE STATE OF TEXAS r 13y. (Name) Certified as Wing executed R for the purpose and effect of activating and/or carrying (Title) out the orders, established policies, or work programs r _ heretofore approved and (Date) authorized by the Texas Transportation Commission under the authority of Minute order > ATTEST: 100002. (Name) City Secretary E APPROVED: 3 9y: Traffic Operations Engin r k, DATES s E j i { I 1 ~ Page 6 of 6 AGREEMENT (TRAP. SIG. - REIMBURSE CITY) 9-91 I r T_ l "1 ijpa. . ta~•ptsn 1 ,g. yn ~ tNN Ab'i{~ ~ j7Hd$¢j I r«~ ~M EXHIBIT I STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ` MINUTE ORDER ALL m..___ a _l~ et 2 r&V . Count? . ytairlat NOAL;.--------~. WHEREAS, Tex. Rev. Civ. Stat. Ann, art. 6666 authorizes the State Highway and Public Transportation Commission to establish rules ; and regulations for conducting work of the department; and WHEREAS, Tex. Rev. Civ. Stat. Ann, art. 6701d authorizes the State Department of Highways and Public Transportation to place and maintain or provide for such placing and maintaining traffic control devices upon all state highways as deemed necessary; and ` E WHEREAS, pursuant to that statutory authority, the Commission has previously adopted certain rules pertaining to the responsibility of the department in the installation, operation, and Maintenance of s Traffic Signals, codified under Title 43, Texas Administrative Cade, section 25.5 providing for the procedures for funding the installation,, operation, and maintenance of traffic signals; and 3 WHEREAS, the Commission has determined that the rules governing the size of city and class of highway in which the department will fund the installation, operation and maintenance of traffic signals needs to t` be revised to provide for more efficient operation of traffic signals; and WHEREAS, it is the desire of the State Highway and Nblic Transportation Commission to provide additional assistance to local jurisdictions; and S i i t i t n 1 "MA aYlGikyas AAIP rUMLII: IKANrbrUK1A11l1N ALL county 2 2 Paso DitttinNo. nu. MINUTE ORDER WHEREAS, Minute order No, 85511, dated March 31, 1987, proposed for permanent adoption the rules as shown on Exhibit A to this Order and such proposed rules were published in the April 10, 1987, edition of the Texas Register (12 TGXRM 1175) i and WHEREAS, no comments were received by the Department concerning the proposed rulesi and i WHEREAS, the proposed rules have been reviewed by the Department's Legal Counsel and found to be a valid exercise of the s Department's legal authority. NOW THEREFORE, IT IS ORDERED that the rules as shown in the, ` attached Exhibit A be and the same are hereby permanently adopted and the Engineer-Director is directed to take the necessary administrative § steps to implement the permanent adoption of these rules pursuant to the requirements of th,3 Administrative Procedure and Texas Register Act, ti t ' f 4 I j , 1 i t If t Y, i V , Submit bq t Inez! and taom+n W I ~a e G (fltk)~ a ng neer oo a e y M f1+OMYm + a era onl dt Maintenance Operations e ADDrovedr 857W Catnmlttbner Minute Nutntxr 8 ` commBtkmet Dete Patted MAY 27 67 Commlttionte Nat TN% tme, H le be wbetlned lo 0utetvo,wi. i . r~~1 h?''r Y' K"aNf.S pq/ r +jfQa State Department of Highways Page 1 of 1 and Public Transportation Maintenance Division Sec 25.5. Installation, Operation, and Maintenance of Traffic Signals. (a) The department may install, maintain, and operate traffic signals on the skate highway system in unincorporated areas when requested by anyone and i provided that the location or locations meets one or more of the warrants for highway traffic signals contained in the current Texas Manual on Uniform Traffic Control Devices for Streets and Highways. (b) The department may install, maintain, and operate traffic signals on the I state highway system in incorporated cities of less than 50,000 population (latest federal census) when requested by the city caxncil, mayor, or city manager and on frontage roads and at interchanges of freeways of the states highway system within incorporated cities and provided that the location or ' locations meets one or more of the warrants for highway traffic signals con- twined in the current Texas Manual on Uniform Traffic Control Devices for Streets and Highways and that the city agrees to enter into an agreement setting forth the responsibilities of each party. (c) The department is responsible for authorizing traffic signals to be installed at locations on the state highway system other than freeways in { incorporated cities of 50,000 or more population (latest federal census) provided that the locations meet one or more of the warrants for highway traffic signals contained in the current Texas Manual on Uniform Traffic control Devices for Streets and Highways. The cost of installation, opera- 9 f tion, and maintenance of these signals is the responsibility of the city, i except that the department may provide for the installation erof aid fonds and > signals when the installation is financed in part i the city agrees to enter into an agreement setting forth the respon- sibilities of each party. j MISIT A to Minute order x 1 r WY. p I t I EXHIBIT 11 Signalized intersections on state Highways located within the City of Denton. 9 LOCATION TYPE OF SIGNAL f r 1, I.H. 35E @ Loop 288 Diamond with one controller 4 2. I.H. 35E @ F.M. 2181 Diamond with one controller t 3. I.H. 35E @ U.S. 377 Diamond with one controller ~ 4. I.H. 35 @ U.S. 380 Diamond with one controller , j r i I` I { i ' r 0 1 - 1 AGREEMENT (TRAF. SIG. - REIMBURSE CITY) r i t y EXHIBIT III TRAFFIC SIGNAL MAINTENANCE AND OPERATION PROVISIONS t The maintaining and operating agency agrees to: 1. Inspect the highway traffic signal system a minimum of once every four weeks and replace burned out lamps or damaged sockets as may be required. The reflector and lens should be cleaned each time a lamp is replaced. All replacement lamps shall equal the wattage and type of the existing lamp. ' 2, Keep signal posts, controller pedestals, and foundations in alignment. 'r 3. Keep signal posts and controller pedestals tight on foundation. i , 4. Keep signal heads aligned And controller cabinets tight on their pedestals and properly adjusted. i 51 Check the controllers, conflict monitors, loop amplifiers, relays, and detectors a minimum of once every three months to ascertain that they are functioning properly and make all i necessary repairs and replacements. f 6. Keep interior of controller cabinets in a neat and clean condition at all times. i 7. Clean reflectors, lenses, and lamps a minimum of once ever.,r # twelve months, e. Repaint all highway traffic signal components exposed to i E weather with a non-lead based paint a minimum of once every Li i two years. Plastic signal heads and galvanized and aluminum components are excluded, 9. Group relamp highway traffic signal heads at the expiration of the average rated lamp life. 10. Repair or replace any and all equipment that malfunctions or is damaged. 11. Provide alternate traffic control during a period of failure or when the controller must be repaired. This may be accomplished through installation of a spare controller, placing the intersection on flash, manually operating the controller, or manually directing traffic through the use of proper authorities. In addition, barricades and warning signs - j shall be provided in Accordance with the requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices. 1 - 2 AGREEMENT (TRAF. SIG. - REIMBURSE CITY) 7-91 T,- 12. Provide maintenance personnel trained in the maintenance of traffic signal equipment who will be available to respond to emergency calls from authorized parties 24 hours a day, including Saturdays, Sundays and holidays. 13. Provide the State and local law enforcement agencies the location and respective names and telephone numbers of I individuals responsible for emergency maintenance. i 14. Document routine observations during the year by trained City 1 personnel of traffic signal operation at each traffic signal during various times of the day to assure fair distribution of time for all traffic movements (phases) during varying traffic conditions. { 15. Check cabinet filter a minimum of once every six months and i clean if necessary. Cabinet filter shall be replaced every two years. 16. Document all checks and corrective actions. a Powev costs shall be billed directly to the state. k n s 4 i f i I { 2 - 2 { AGREEMENT (TRAP. SIG. - REIMBURSE CITY) 7-91 Ii 1 F r p"• sletkrc++i~i 1 r 1 x EXHIBIT IV ' CITY OF DENTON Actuated Signals at conventional intersections and at Tee intersections shall be reimbursed at per intersection. 1 Calculations: kk ~ , F: ' t Fixed Time Signals shall be reimbursed at per I intersection. Calculations: Diamond Interchange Signals with one controller shall be reimbursed # at 31.742.00 per intersection per year to be billed Wlarterly. s Calculations: Replace Bulbs (34 ea x $ 6.09) = $ 207.06 Replace Loops (i ea x $308.78) = $ 309.78 Maintenance Calls (36 hrs x $ 34.06) = $1.226.16 i TOTAL $1,742.00 Diamond Interchange Signals with two or more controllers shall be . reimbursed at per intersection. Calculations: ss i i Sign Mounted Flashers shall be reimbursed at per unit. Calculations: t i. ~ I overhead Flashing Beacons shall be reimbursed at per a intersection. i Calculations; i 1 - 1 AGREEMENT (TRAF. SIG. - REIMBURSE CITY) j ff ~ s i r l 1 CITY COUNCIL REPORT FORMAT 5 i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: A Resolution Authorizing the City Manager to execute an Agricultural Lease between the City of Denton and Ernest i and Lewis Trietsch. RECOMMENDATION: It is the Recommendation of the Airport Board and Airport Staff to E approve the 267.7 acre Agricultural Lease for farm use. 3 SUMMARY: ! There will be no cost to the City of Denton. BACKGROUND: y Ernest and Lewis Trietsch have Leased this property for the previous ten (10) years. PROGRAMSt DLPARTMENTS OR GROUPS AFFECTED: s This agreement will not affect any other department or group. FISCAL IMPACT: i This agreement will generate revenue of $3,500 dollars per year. Respec fully submitted: Lloyd V. Harrell i Pre ared bbl_. City Manager Joe Thompson, Ai ort manager i y f Approved: Rick Svehla, Deputy City Manager f ! t ~ 1' T _ E. . vrer. E, 1 wr\1946L 5.5.3 II { RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT BETWEEN THE CITY OF DENTON AND ERNEST AND LEWIS TRIETSCH FOR PROPERTY LOCATED AT THE CITY OF DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Denton has certain property located at the Denton Municipal Airport, Denton, Texas; and ; WHEREAS, the City of Denton desires to lease the property for agricultural purposes to Ernest and Lewis Trietsch in return for mowing services to be performed at the Airport and the payment of annual rent in the sum of Three Thousand Seven Hundred Forty-seven f Dollars and Eighty Cents ($3,747.80); and WHEREAS, Ernest and Lewis Trietsch desire to lease the land at the airport for agricultural purposes and agree to pay to the City r, the requested rent and perform the mowing services at the Airport; ' NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: , nTTON I. That the City Manager is hereby authorized to exe ,t eute a lease agreement between the city of Denton and Ernest and Lewis Trietsch, a copy of which is attached hereto and incorporated by reference herein. 3 it j SFCTrpN I That this resolution shall become effective im- mediately upon its passage and approval. 1991. Passed and Approved this the day of BOB CASTLEBERRY, MAYOR 7 , f , ATTEST: JENNIFER WALTERS, CITY SECRETARY j BY: APPROVED AS TO LEGAL FORMS h DEBRA A, DRAYOVITCH, CITY ATTORNEY G i BY: 1 i creel j i I j 3 T0; The Mayor and Members of the City Council I Airport Manager FROM: Joe Thompson, f October 31, 1991 y t DATE: -I SUBJECT: Agricultural Lease f and Airport it is the recommendatio" tAgricultural Lease between the price isory Board to approve the The farm Lease land in AdvCiiy of Denton and Ernest and Lewis Trietsch. Extension - rent. 1 gricultural k? per acre is based o the the gecounty Denton 3 Denton county per Office. fi (1 year with the Lessee The term of this Lease will t for one and the Lessor Y Agricultural heving options for the Hexer fth Dentonears county ad3usting the Lease rate p price of farm land in Extension Office on the average rental - Denton County. t t• ~ S P 3 j+ F { j 1 HVW1 a4 .1 kat`tn Z t a4btiL15V„`~ t I i y. AGRICULTURAL LEASE BETWEEN THE CITY OF DENTON AND ERNEST TRTETSCH AND LEWIS TRTETSCH ~i By this Lease, entered into the 15 day of September, 1921, the City of Denton, Texas, herein called LESSOR devises and lets Ernest Trietsch and Lewis Trietsch, herein called LESSEE, the right and privilege to use for agricultural purposes and for no other purposes, except as authorized herein, the following real property located in the County of Denton, State of Texas, described as follows: Approximately 267.7 acres of land at the Denton Municipal ' Airport, which is surplus to Airport needs, for agricultural a purposes, as designated in the shaded portions on attached Exhibit A, which is incorporated herein. 1. The term of this Lease shall be for a period of one year beginning on the 15th day of September, 1991, and ending September 14, 1992. LESSEE shall have the right to renew the Lease for up to four additional one year terms. if LESSEE desires to renew the Lease, LESSEE shall five LESSOR written notice of its intent to renew for each additional one year term not less than 60 days prior- to the end of the term of this Lease. LESSOR shall have the right to adjust the compensation LESSEE is required to pay, as set forth in section 3 hereof, if LESSOR'S consultation with the Denton County Agricultural Extension office reveals that the average rental price of farm land in Denton County has increased by more than five percent over the rent provided in Section 3. LESSOR shall notify LESSEE in writing of any adjustment in the rental within 30 days of receipt of notice from LESSEE. 2. LESSEE agrees to deliver possession of said land and premises to LESSOR on September 14, 1991. 3. LESSEE agrees to pay LESSOR in cash and as partial rental for the above described property, the sum of Three Thousand Five Hundred Dollars ($3,500.00) (Fourteen Dollars per acre for 250 acres of land) per year. This rental shall be payable in two (2) semi-yearly installments of One Thousand Seven Hundred and Fifty Dollars ($1,750.00) each, the first installment to be paid on or before September 15 of each year, commencing September 15, 1991, and the second installment to be paid on or before March 1 of each year of the terra of this Lease. ` RIWI Y i By September 15 of each year of the term of this Lease, 1 should LESSEE have harvested any cr(.ns on the 17.7 acres described in Section 4. B., the additional rental of Two Hundred Forty-Seven Dollars and Eighty Cents ($247.80) shall be due and payable for the year prior to the harvest. 1 In addition to such cash payment, LESSEE. agrees to perform the following services for LESSOR as consideration for the Lease of said property, to-wit: A. To smooth rough land areas that are within the shaded portions on Exhibit A. B. To remove trees and stumps that are within the shaded portions on Exhibit A. C. The call to the attention of the City's Airport Manager F potential erosion areas on the Leased premises and the areas that are to be mowed. 't D. To back furrow or mow a distance of ten (10) feet from , all fences in order to keep grass and other vegetation from becoming a fire hazard. 4. Land Area Available: (see Exhibit A attached). Approximately 267.7 acres of land is available for agricultural linage by LESSEE as follows: A. Approximately 245 acres of usable land on the west j side of the Airport. Also approximately 5 acres of usable land on the northwest side of I.L.S. Clear Zone west of Masch Branch Road. B. LESSEE may farm approximately 17.7 acres of usable land on the southeast end of the Airport along Underwood Road, as indicated on Exhibit A. If 3 a crop can be harvested from this 17.7 acres of i land, LESSEE is required to pay the land lease on this 17.7 acres. If no crop is harvested, no rental is due. C. Airport Clear Zones: 1. Airport Clear Zones are land areas along the ! runway that must be clear of crops and be maintained in such a way as to be smooth with no holes or large rocks in the area. Airport Clear Zones are reflected on the attached Exhibit B. The distance requirements for 1 Airport Clear Zones Are: PAGE 2 , j r i + fA1iwi~s f i t[(q(rj a. 250 feet either side of the runway center line. ~ rs b. 1000 feet to the south of the end of Runway 17. i C. 1000 feet to the north of the end of Runway 35. 2. Areas along the taxiway must be clear and unobstructed for a distance of 75 feet from the center of the taxiway. 3. The infield area between the runway and taxiway system cannot be utilized for agricultural purposes. v 4. Crops grown at the Leased premises are restricted by the following conditions: 4 a. 'f'all standing crops, over three feet in height, may not be grown within 250 feet o4: the runway on the west side of the Airport, b. Crops may not be grown between the runway and the taxiway system. ; e. Crops may not be grown next to or in the ? } vicinity of any FAA navigational unit or i l structure. 5. Restrictions and Limitations: ? t A. The land leased should be used solely for { cultivation of seasonal crops. LESSEE shall conduct all cultivation and mowing in conformity with good soil conservation and pasture management practices. B. At no time will LESSEE or any individual, agent, servant or employee of LESSER bt allowed to park or leave unattended any farm equipment, tractor or vehicle within 400 feet of the center line of the runway within any runway approach area that is 500 feet from the threshold or within 50 feet of tt.e edge of any taxiway or apron. t C. At no time will the LESSEE or any individual, agent, servant or employee of LESSEE be allowed to erect, construct or build any structure of any nature, or remove or tear down any building or other improvement on the Lease property without prior written approval of the LESSOR. i PAGE 3 i i f 7 ; xi'n I V 1 l No new fences may be erected on the Airport; property y D. roval of the LESSOR. without prior written app All Airport boundary fence $ around the crop area will be maintained by LESSEE not be E. Grazing or pasturing of animals will irport property or on any A permitted on the Airport } land leased for agricultural purposes. F. LESSEE shall not sublease any portion of the Airport property. g. The following special conditions shall govern the ~ { parties to this leases i A. it should be understood that LESSOR and the Federal k Government shall have the right s to thuse at atheyordeem of the land for any purpose necessary. The LESSOR will require that the areas in question be vacated within 30 days of a written Compensation for the recaptured notification. land will be prorated on a per acre basis, plus costs of e)rowing crops destroyed. Y B. Land designated as "Future Hangar Areas" may be used for cultivation. However, it is expressly understood that no compensation to the LESSEE will be made by LESSOR for land or crops recaptured in these areas during the term of this agreement. The LESSOR will require that these Future Hangar Areas comprising of approximately 17.7 acres shall be vacated within thirty (30) days of a written 1 notification. . } C. The LESSOR will have access, to the property leased at any time for the purpose of any inspecti nu deemed expedient and for the purpose of G placement, as well as for the use as access routes to adjacent areas of the Airport or to public roads. D. Material crops and all other property of the LESSEE E shall be removed from the Airport leased land by expiration date of this lease. j E. LESSEE agrees to indemnify, defend and hold harmless the LESSOR and its agents, employees and from representatives from all penalties arising ; the violation of any ordinance, ordor or regulation that should occur in the operation of the leas3, as well as from and against any and all liability PAGE 4 i i i for. all claims, suits, losses, damages or injuries to any person or property of any nature resulting from the carelessness, negligence or improper condu.t of the LESSEE or any of its agents or employees. 4 , F. LESSEE agrees that it will not bring claim or suit against the LESSOR or assign any cause of action because of an accident, fire, noise or disturbance resulting from the crash of an aircraft operating in the vicinity of the Airport; taking off or landing at the Airport; or occasioned by the presence and proximity of aircraft parked, being fueled, taxiing or in-flight over the leased area. G. LESSEE expressly agrees to deliver portions of such c property to the LESSOR as LESSEE'S crops are removed. I, Any crops remaining on the leased premises on September 14, 1991, shall become the property of LESSOR. H. Further, LESSOR assumes no responsibility or liability J for harm, injury or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or may hereafter arise upon the premises, any and all defects being expressly waived by LESSEE, i Executed this the day of , 19 CITY OF DENTON, TEXAS, LESSOR 3 BY: LLOYD V.,HARRELL, CITY MANAGER ATTEST: I i JENNIFER WALTERS, CITY SECRETARY 1 I I PAGE 5 I I I I I I ' APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHt CITY ATTORNEY j I I BY: i. RNEST TRIETSCH, LESSEE •iW2 TRIETSCHt LESSEE Y , { v It X s r f i I 7 i i j PAGE 6 ; I i '•ii 6 } EXHIBIT "A" _ (1 or 2) 1Al; LL. ~i 1 I ! I~ `o f 11 1 ! f go rT r li ti , ~'II !c fit h\ I i l l f! l 'Is MIR- tilt i ' ii ' ~ ~ ~ ' Ill ~ i Jim f ~l ' • it~•",r'oll' , ell 1 APPEem A r. II I 1 1 r YY111 It AnodNf/, Ya wwo~ w ~w IF] ?Sq i ` # EXHIBI'T' "All (2 of 2) . illil !r 'pii , !f' f e! ti I'1 i ' hY, , er.~ . ( fl ,1 1 1 1 .'1 1 '1 1 f t 1 1 f t ew..w ~ 11 r - i • ns~e ~ 1 . f , r fill 11-11 1 P11, I no I low We w i If lf IBM ''x(• i'tri+ly t ~ ' APPM ~ f f A ' 1 1 1 Y a 11~VOtlf mm WM AMOIYM4 M r w ' rrr ~wiwu r r r E Erit to j SUITE 201 2028 BURNING TREE LANE OENTON~ TEXAS 76201 i (817) 586.0208 I I ! October 29, 1991 r 1' 1 OCT 2 9 RECD Mr. Lloyd Harrell, City Manager City of Denton N 215 E. McKinney CIYMNOF l Denton, Texas 76201 Dear Mr. Harrell: k Perhaps you will remember the City Council meeting of Aug. 6r 1993 when andtorganizations several ncitizen~theeneed$ o . ative Of social agencies relative to HB 1501 the State of Texas response to to redistrict Texas House of Representatives areas to conform w3:-uh the 1990 U.S. Census data. t~ } At the time, City Council decided not to join with the NAACP a and LULAC in suit in federal courts to challenge the manner and result of redistricting as it affected '.he City of Denton, consult terns that timer s bhave een decidedetowpursueetheoalternative,ewb ch } ter native on is to petition the Justice Department to deny pre clearanc the plan, as required under the Civil Rights act. chamber The City Oman notheraagencies intpetitionh the onG vernor Richards merce a Y e to to veto this legislation which is seutoithe theclcivic voice of Denton. It would be very helpful petition Govto have from City ernor Richards. CThatilettertcould belincl.udedeine sent t to ofd g the plea that the Exhibits section as are of several rtin enied on t i the H13 150 plan (as well as the majority ~ofoDentonites).. rights of m We would appreciate having council discuss thief, and hope that the appropriate resolution and letter can be provided. j Sincerely, CPR/sf CurtiPs Paul Ramsey t i S Q p0 000 ~ s A~ BOB CASTLEBERRY C[TY OF MMN MAYOR 215 EAST McKINNEY STREET DENTON, TEXAS 76201 I I 1 The Honorable Governor Ann W. Richards Governor of Texas State Capitol P.O. Box 12428 Austin, Texas 78711-2426 Governor Richards, at a special called City Council meeting last evening, the Denton City Council, by unanimous vote, authorized me to request your veto of the House of Repreeen- ; tatives redistricting legislation. We understand that the ; deadline is quickly approaching for you to either sign or veto this legislation and we hope that you will seriously consider our request. The new district plan, as approved by the legislature,. divides our city into three different House districts. Under the proposal, Denton's population within each district and Denton's population as a percentage of the district population is an t? followst District 64 - 30,497 or 27.11X1 District 65 - 24,269 or 21.96x; and District 63 - 13,281 or 11.65X6 We feel that ; our citizens have common interests and this unwarranted ' division of our community will dilute our ability to have our City's positions effectively represented within the legislative E process. Another disastrous consequence of this legislation is the splitting of our two state universities, University of North Texas and Texas Woman's University, between two different districts. Many associated with the universities and other community leaders have worked to establish a spirit of harmony / MA cooperation between these two institutions. Splitting then between two different districts will not aid in this ongoing effort. j ~ t T 1 t The Honorable Governor Ann W. Richards ' Page 2 Our City Council's request for you to consider vetoing this legislation is not without widespread community support. This position has been endorsed by 22 past presidents of the Denton Chamber of Commerce and by the Chamber Board itself* In additionp numerous citizens have expressed disenchantment with the legislation which was passed in Austin. I realise the decision as to whether to veto this legislation will be difficult, but I hope that you will give our f community's concern your serious consideration. This matter is critical to our city and will affect our ability to have adequate representation in the State Legislature for the next 1 decade. Thank you very such for your consideration. Very truly yours, ~s Bob Castleberry Mayor act State Raprese tative Jim Horn t F; State Representative Ban Campbell City Council Members If 5 11 June 1.20 1991 ,I j I 1 1 Y i ~4 1