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05/04/2020-CC-Agenda Packet-RegularAGENDA CITY COUNCIL REGULAR MEETING MONDAY, MAY 4, 2020 7:00 PM 502 ELM STREET SANGER, TEXAS IMPORTANT NOTICE: MEETING HELD BY TELECONFERENCE Meetings will temporarily be held via teleconference and will not be held at Sanger City Hall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rules to allow telephonic or videoconference meetings of government bodies that are accessible to the public to decrease large groups of people from assembling in order to advance the public health goal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). The suspension temporarily removes the requirement that government officials and members of the public be physically present at a meeting location. A recording of the telephone conference will be made available to the public in accordance with the Open Meetings Act, upon written request for up to 90 days after the official minutes of the meeting are approved. If you plan to speak or provide public comments during the meeting please email citysecretary@sangertexas.org and indicate which item you would like to comment on. You will need to provide the City Secretary your name, address, and the name, and/or number you are calling into the conference with for recognition purposes to allow you to speak during the item. In order to facilitate Public Hearings during the meeting, each name on the speaking list will be called in the order they were received and will be provided an opportunity to comment. You may also provide comments to the City Secretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and they will be emailed to the Mayor and Councilmembers before the meeting. Please provide your comments or requests to comment for all items no later than one (1) hour before the meeting. The public may dial one of the the following numbers and enter the Meeting ID and Password to join the meeting. Tollfree numbers are available and noted on the list below: Meeting ID: 848 2984 2715 Password: 019456 Dial by your location +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 646 558 8656 US (New York) +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) 888 475 4499 US Tollfree 877 853 5257 US Tollfree 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation. 2.CITIZEN INPUT: Page 1 AGENDACITY COUNCIL REGULAR MEETINGMONDAY, MAY 4, 20207:00 PM502 ELM STREETSANGER, TEXASIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US Tollfree1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation. 2.CITIZEN INPUT: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issues brought up during this section.) 3.EXECUTIVE SESSION: Pursuant to the Open Meetings Act, Chapter 551, the City Council will meeting in a Closed Executive Session in Accordance with the Texas Government Code: a.Section 551.071(Texas Local Government Code) Consultation with Attorneys 4.RECONVENE: OPEN MEETING: Any Action Taken. 5.CONSENT AGENDA: a.Approval of Minutes 1.City Council Emergency Meeting Minutes 04142020 Approve Minutes for the Emergency City Council Meeting of April 14, 2020. 2.City Council Regular Meeting Minutes 04202020 Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting. 6.Consider Any Items Removed from Consent Agenda. REGULAR AGENDA 7.Easement Acquisition: Wastewater Infrastructure Consider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure. 8.Sure Steel Preliminary Plat Consider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, in the City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455. 9.Sable Creek Phase IV Final Plat Consider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres, Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street. 10.Sable Creek Phase V Final Plat Consider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres, Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street. 11.FM 455 Utility Relocation Dannenbaum PSA Amendment 1 Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute Amendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC for FM 455 Water and Wastewater Utilities Relocations. 12.PSA Plummer Stream Restoration Phase 1 Amendment 1 Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute an Amendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration for Wastewater Treatment Plant. Page 2 AGENDACITY COUNCIL REGULAR MEETINGMONDAY, MAY 4, 20207:00 PM502 ELM STREETSANGER, TEXASIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US Tollfree1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.2.CITIZEN INPUT:(Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issuesbrought up during this section.)3.EXECUTIVE SESSION:Pursuant to the Open Meetings Act, Chapter 551, the City Council will meeting in a ClosedExecutive Session in Accordance with the Texas Government Code:a.Section 551.071(Texas Local Government Code) Consultation with Attorneys4.RECONVENE: OPEN MEETING:Any Action Taken.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.6.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA7.Easement Acquisition: Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.8.Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, inthe City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.9.Sable Creek Phase IV Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.10.Sable Creek Phase V Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.11.FM 455 Utility Relocation Dannenbaum PSA Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to ExecuteAmendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocations.12.PSA Plummer Stream Restoration Phase 1 Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute an Amendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration for Wastewater Treatment Plant. 13.Ordinance #041320 Budget Amendment FY 20192020 Consider, Discuss and Act on Ordinance #041320 – Amending Ordinance #092519, Which Will Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures as Provided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause; and Providing for an Effective Date. 14.Change Orders Water Storage Tank Repairs Consider, Discuss, and Possibly Act on Changer Orders for the Repairs on the Acker Street and Cowling Road Ground Storage Tanks, and Authorize the Mayor to Execute the Amendments to the Contracts. 15.Resolution No. 111619 Bylaws 4B Corporation Consider, Discuss and Act on Resolution No. 111619 Approving Amended Bylaws of the Sanger Texas Development Corporation, Also Known as the Sanger Texas 4B Corporation and the Sanger Texas Type B Development Corporation. 16.Ordinance No. 051520 Revised Declaration of Disaster Consider, Discuss and Act on Ordinance No. 051520 Amending Ordinance No. 031220 to Renew and Continue the Mayor's Revised Declaration of Local Disaster Dated April 30, 2020. Providing a Repealing Clause, Providing a Savings Clause, Providing a Severability Clause; Providing for a Penalty of Fine Not to Exceed $1000 As Authorized by State Law for Each Offense and Providing for An Effective Date. 17.INFORMATION ITEMS: a.Update Related to the City of Sanger's Response to COVID19 18.FUTURE AGENDA ITEMS: (The purpose of this item is to allow the Mayor and members of Council to bring forward items they wish to discuss at a future meeting, A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Council or at the call of the Mayor). 19.ADJOURN. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the City Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times. Said notice was posted on the following date and time, and remained posted continuously for at least 72 hours prior to the scheduled time of said meeting and shall remain posted until meeting is adjourned. May 1, 2020 at 4:00 PM Cheryl Price City Secretary City of Sanger, Texas Date/Time Posted Page 3 AGENDACITY COUNCIL REGULAR MEETINGMONDAY, MAY 4, 20207:00 PM502 ELM STREETSANGER, TEXASIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak orprovide public comments during the meeting please email citysecretary@sangertexas.org andindicate which item you would like to comment on. You will need to provide the City Secretaryyour name, address, and the name, and/or number you are calling into the conference with forrecognition purposes to allow you to speak during the item. In order to facilitate Public Hearingsduring the meeting, each name on the speaking list will be called in the order they were receivedand will be provided an opportunity to comment. You may also provide comments to the CitySecretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and theywill be emailed to the Mayor and Councilmembers before the meeting. Please provide yourcomments or requests to comment for all items no later than one (1) hour before the meeting. Thepublic may dial one of the the following numbers and enter the Meeting ID and Password to jointhe meeting. Tollfree numbers are available and noted on the list below:Meeting ID: 848 2984 2715Password: 019456Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 253 215 8782 US (Tacoma)+1 646 558 8656 US (New York)+1 301 715 8592 US (Germantown)+1 312 626 6799 US (Chicago)888 475 4499 US Tollfree877 853 5257 US Tollfree1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.2.CITIZEN INPUT:(Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issuesbrought up during this section.)3.EXECUTIVE SESSION:Pursuant to the Open Meetings Act, Chapter 551, the City Council will meeting in a ClosedExecutive Session in Accordance with the Texas Government Code:a.Section 551.071(Texas Local Government Code) Consultation with Attorneys4.RECONVENE: OPEN MEETING:Any Action Taken.5.CONSENT AGENDA:a.Approval of Minutes1.City Council Emergency Meeting Minutes 04142020Approve Minutes for the Emergency City Council Meeting of April 14, 2020.2.City Council Regular Meeting Minutes 04202020Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting.6.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA7.Easement Acquisition: Wastewater InfrastructureConsider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure.8.Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, inthe City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455.9.Sable Creek Phase IV Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.10.Sable Creek Phase V Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres,Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street.11.FM 455 Utility Relocation Dannenbaum PSA Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to ExecuteAmendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC forFM 455 Water and Wastewater Utilities Relocations.12.PSA Plummer Stream Restoration Phase 1 Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute anAmendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration forWastewater Treatment Plant.13.Ordinance #041320 Budget Amendment FY 20192020Consider, Discuss and Act on Ordinance #041320 – Amending Ordinance #092519, WhichWill Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures asProvided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause;and Providing for an Effective Date. 14.Change Orders Water Storage Tank RepairsConsider, Discuss, and Possibly Act on Changer Orders for the Repairs on the Acker Street andCowling Road Ground Storage Tanks, and Authorize the Mayor to Execute the Amendments to theContracts. 15.Resolution No. 111619 Bylaws 4B CorporationConsider, Discuss and Act on Resolution No. 111619 Approving Amended Bylaws of the SangerTexas Development Corporation, Also Known as the Sanger Texas 4B Corporation and the SangerTexas Type B Development Corporation.16.Ordinance No. 051520 Revised Declaration of DisasterConsider, Discuss and Act on Ordinance No. 051520 Amending Ordinance No. 031220 toRenew and Continue the Mayor's Revised Declaration of Local Disaster Dated April 30, 2020.Providing a Repealing Clause, Providing a Savings Clause, Providing a Severability Clause;Providing for a Penalty of Fine Not to Exceed $1000 As Authorized by State Law for Each Offenseand Providing for An Effective Date.17.INFORMATION ITEMS:a.Update Related to the City of Sanger's Response to COVID1918.FUTURE AGENDA ITEMS:(The purpose of this item is to allow the Mayor and members of Council to bring forward items theywish to discuss at a future meeting, A Council Member may inquire about a subject for which noticehas not been given. A statement of specific factual information or the recitation of existing policy maybe given. Any deliberation shall be limited to a proposal to place the subject on an agenda for asubsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Councilor at the call of the Mayor).19.ADJOURN.I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on theCity Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a placeconvenient and readily accessible to the general public at all times. Said notice was posted on thefollowing date and time, and remained posted continuously for at least 72 hours prior to thescheduled time of said meeting and shall remain posted until meeting is adjourned.May 1, 2020 at 4:00 PM Cheryl Price City Secretary City of Sanger, Texas Date/Time Posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for additional accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 4587930 for further information. Page 4 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. a.1. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEM/CAPTION: City Council Emergency Meeting Minutes 04142020 Approve Minutes for the Emergency City Council Meeting of April 14, 2020. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: Attached for Council approval are the Emergency Meeting Minutes for the April 14, 2020 Meeting. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A ATTACHMENTS: Description Upload Date Type City Council Emergency Meeting Minutes 41420 5/1/2020 Cover Memo Page 5 CITY OF SANGER, TEXAS MINUTES: EMERGENCY CITY COUNCIL MEETING Tuesday, April 14, 2020 6:00 PM 502 Elm Street, Sanger, Texas NOTICE OF EMERGENCY MEETING Pursuant to Texas Government Code Section 551.045; and in accordance with the Order of the Office of the Governor issued March 16, 2020, the City Council of the City of Sanger will conduct an Emergency Meeting scheduled for 6:00 pm on April 14, 2020, due to an emergency or urgent public necessity which exists and immediate action is required by a governmental body because of (1) an imminent threat to public health and safety, or (2) a responsibility unforeseeable situation. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rules to allow telephonic or videoconference meetings of government bodies that are accessible to the public to decrease large groups of people from assembling in order to advance the public health goal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). The suspension temporarily removes the requirement that government officials and members of the public be physically present at a meeting location. Sanger City Council Meetings will temporarily be held via teleconference and will not be held at Sanger City Hall. The public may dial one of the the following numbers and enter the meeting ID/Access Code for the Zoom Meeting. Time: April 14, 2020 at 06:00 PM Central Time (US and Canada) Meeting ID: 921 1479 0006 Password: 073103 Dial by your location +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 253 215 8782 US +1 301 715 8592 US 877 853 5257 US Tollfree 888 475 4499 US Tollfree Meeting ID: 921 1479 0006 Password: 073103 The public will be permitted to call in and listen to the meeting by telephone conference and speak as provided by the agenda and as permitted by the presiding officer during the meeting. To submit comments or a request to speak on an item, email citysecretary@sangertexas.org. A recording of the telephone conference will be made available to the public in accordance with the Open Meetings Act upon written request. COUNCIL MEMBERS PRESENT: Mayor Thomas Muir; Mayor Pro Tem Bilyeu; Councilmember Marissa Barrett; Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark. Page 1Page 6 CITY OF SANGER, TEXASMINUTES: EMERGENCY CITY COUNCIL MEETINGTuesday, April 14, 2020 6:00 PM502 Elm Street, Sanger, TexasNOTICE OF EMERGENCY MEETING Pursuant to Texas Government Code Section 551.045;and in accordance with the Order of the Office of the Governor issued March 16, 2020, the CityCouncil of the City of Sanger will conduct an Emergency Meeting scheduled for 6:00 pm on April14, 2020, due to an emergency or urgent public necessity which exists and immediate action isrequired by a governmental body because of (1) an imminent threat to public health and safety,or (2) a responsibility unforeseeable situation.Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rules toallow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. Sanger City Council Meetings willtemporarily be held via teleconference and will not be held at Sanger City Hall. The public may dial one of the the following numbers and enter the meeting ID/Access Code forthe Zoom Meeting.Time: April 14, 2020 at 06:00 PM Central Time (US and Canada)Meeting ID: 921 1479 0006Password: 073103Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 312 626 6799 US (Chicago)+1 646 558 8656 US (New York)+1 253 215 8782 US+1 301 715 8592 US877 853 5257 US Tollfree888 475 4499 US TollfreeMeeting ID: 921 1479 0006Password: 073103The public will be permitted to call in and listen to the meeting by telephone conference andspeak as provided by the agenda and as permitted by the presiding officer during the meeting.To submit comments or a request to speak on an item, email citysecretary@sangertexas.org. Arecording of the telephone conference will be made available to the public in accordance with theOpen Meetings Act upon written request.COUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Bilyeu; Councilmember Marissa Barrett; Councilmember Dennis Dillon; Councilmember Allen Chick; Councilmember David Clark. COUNCIL MEMBERS ABSENT: None. STAFF MEMBERS PRESENT: City Manager Alina Ciocan; City Secretary Cheryl Price. 1.Call Meeting to Order, Identification of a Quorum (Roll Call). Roll was called, all City Council members present by teleconference. There being a quorum present at the April 14, 2020 Emergency City Council meeting was called to order by Mayor Muir at 6:00 p.m. REGULAR AGENDA 2.Ordinance No. 041420 Revised Declaration of Disaster Consider, Discuss and Act on Ordinance No. 041420 to Renew and Continue the Mayor's Revised Declaration of Local Disaster Dated April 9, 2020, Providing a Repealing Clause; Providing a Savings Clause; Providing a Severability Clause; Providing for a Penalty of Fine Not to Exceed $1,000 As Authorized by State Law For Each Offense and Providing For an Effective Date. Mayor Muir summarized the agenda item noting that this Ordinance will ratify the order signed by him on the 9th of April, 2020. He noted this revision extends the date to April 30, 2020 and it modifies religious gatherings that if they could not meet remotely they could utilize social distancing. Mayor Muir noted that the City Attorney wanted us to ratify this so that if we had to prove that we had an Emergency Order in place for funding purposes, etc. It was also noted that the fine was changed by Denton County Commissioners to a Class C Misdemeanor and $500 fine. Staff noted the City Attorney advised us to keep our fine at $1000. There was no further discussion. A motion was made by Councilmember Chick to approve Ordinance No. 041420 to renew and continue the Mayor's Revised Declaration of Local Disaster dated April 9, 2020, providing a Repealing Clause; providing a Savings Clause; providing a Severability Clause; providing for a penalty of fine not to exceed $1,000 as authorized by State Law for each offense and providing for an Effective Date. The motion was seconded by Councilmember Clark. The motion was called by the City Secretary and the following Yea or Nay votes were recorded: Mayor Pro Tem Bilyeu voted Yea Councilmember Barrett voted Yea Councilmember Dillon voted Yea Councilmember Chick voted Yea Councilmember Clark voted Yea The motion to approve carried unanimously (50 vote). Page 2Page 7 CITY OF SANGER, TEXASMINUTES: EMERGENCY CITY COUNCIL MEETINGTuesday, April 14, 2020 6:00 PM502 Elm Street, Sanger, TexasNOTICE OF EMERGENCY MEETING Pursuant to Texas Government Code Section 551.045;and in accordance with the Order of the Office of the Governor issued March 16, 2020, the CityCouncil of the City of Sanger will conduct an Emergency Meeting scheduled for 6:00 pm on April14, 2020, due to an emergency or urgent public necessity which exists and immediate action isrequired by a governmental body because of (1) an imminent threat to public health and safety,or (2) a responsibility unforeseeable situation.Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rules toallow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. Sanger City Council Meetings willtemporarily be held via teleconference and will not be held at Sanger City Hall. The public may dial one of the the following numbers and enter the meeting ID/Access Code forthe Zoom Meeting.Time: April 14, 2020 at 06:00 PM Central Time (US and Canada)Meeting ID: 921 1479 0006Password: 073103Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 312 626 6799 US (Chicago)+1 646 558 8656 US (New York)+1 253 215 8782 US+1 301 715 8592 US877 853 5257 US Tollfree888 475 4499 US TollfreeMeeting ID: 921 1479 0006Password: 073103The public will be permitted to call in and listen to the meeting by telephone conference andspeak as provided by the agenda and as permitted by the presiding officer during the meeting.To submit comments or a request to speak on an item, email citysecretary@sangertexas.org. Arecording of the telephone conference will be made available to the public in accordance with theOpen Meetings Act upon written request.COUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Bilyeu; Councilmember Marissa Barrett; CouncilmemberDennis Dillon; Councilmember Allen Chick; Councilmember David Clark.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price.1.Call Meeting to Order, Identification of a Quorum (Roll Call).Roll was called, all City Council members present by teleconference. There being a quorum presentat the April 14, 2020 Emergency City Council meeting was called to order by Mayor Muir at 6:00p.m.REGULAR AGENDA2.Ordinance No. 041420 Revised Declaration of DisasterConsider, Discuss and Act on Ordinance No. 041420 to Renew and Continue the Mayor'sRevised Declaration of Local Disaster Dated April 9, 2020, Providing a Repealing Clause; Providinga Savings Clause; Providing a Severability Clause; Providing for a Penalty of Fine Not to Exceed$1,000 As Authorized by State Law For Each Offense and Providing For an Effective Date.Mayor Muir summarized the agenda item noting that this Ordinance will ratify the order signedby him on the 9th of April, 2020. He noted this revision extends the date to April 30, 2020 andit modifies religious gatherings that if they could not meet remotely they could utilize socialdistancing. Mayor Muir noted that the City Attorney wanted us to ratify this so that if we had toprove that we had an Emergency Order in place for funding purposes, etc. It was also noted thatthe fine was changed by Denton County Commissioners to a Class C Misdemeanor and $500 fine.Staff noted the City Attorney advised us to keep our fine at $1000. There was no furtherdiscussion. A motion was made by Councilmember Chick to approve Ordinance No. 041420 to renew andcontinue the Mayor's Revised Declaration of Local Disaster dated April 9, 2020, providing aRepealing Clause; providing a Savings Clause; providing a Severability Clause; providing for apenalty of fine not to exceed $1,000 as authorized by State Law for each offense and providing foran Effective Date.The motion was seconded by Councilmember Clark. The motion was called by the City Secretaryand the following Yea or Nay votes were recorded:Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Chick voted YeaCouncilmember Clark voted YeaThe motion to approve carried unanimously (50 vote). 3.ADJOURN. There being no further agenda items for discussion Mayor Muir adjourned the meeting at 6:08 p.m. Page 3Page 8 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. a.2. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEM/CAPTION: City Council Regular Meeting Minutes 04202020 Approve City Council Regular Meeting Minutes for April 20, 2020 Meeting. AGENDA TYPE: ACTION REQUESTED: Approval BACKGROUND: Attached for Council approval are the meeting minutes for the April 20, 2020 Regular City Council Meeting. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A ATTACHMENTS: Description Upload Date Type City Council Regular Meeting Minutes 4202020 5/1/2020 Cover Memo Page 9 CITY OF SANGER, TEXAS MINUTES: REGULAR CITY COUNCIL MEETING Monday, April 20, 2020 7:00 PM 502 Elm Street, Sanger, Texas IMPORTANT NOTICE: MEETING HELD BY TELECONFERENCE Meetings will temporarily be held via teleconference and will not be held at Sanger City Hall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rules to allow telephonic or videoconference meetings of government bodies that are accessible to the public to decrease large groups of people from assembling in order to advance the public health goal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). The suspension temporarily removes the requirement that government officials and members of the public be physically present at a meeting location. A recording of the telephone conference will be made available to the public in accordance with the Open Meetings Act, upon written request for up to 90 days after the official minutes of the meeting are approved. If you plan to speak or provide public comments during the meeting please email citysecretary@sangertexas.org and indicate which item you would like to comment on. You will need to provide the City Secretary your name, address, and the name, and/or number you are calling into the conference with for recognition purposes to allow you to speak during the item. In order to facilitate Public Hearings during the meeting, each name on the speaking list will be called in the order they were received and will be provided an opportunity to comment. You may also provide comments to the City Secretary (citysecretary@sangertexas.org) regarding an item if you do not wish to speak, and they will be emailed to the Mayor and Councilmembers before the meeting. Please provide your comments or requests to comment for all items no later than one (1) hour before the meeting. The public may dial one of the the following numbers and enter the Meeting ID and Password to join the meeting. A tollfree number is available and noted on the list below: Meeting ID: 951 5736 3031 Password: 576309 Dial by your location +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 301 715 8592 US +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 253 215 8782 US 888 475 4499 US Tollfree 877 853 5257 US Tollfree COUNCIL MEMBERS PRESENT: Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett; Councilmember Dennis Dillon; Councilmember Allen Chick: Councilmember David Clark. COUNCIL MEMBERS ABSENT: Page 1Page 10 CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, April 20, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak or provide public comments during the meeting please emailcitysecretary@sangertexas.org and indicate which item you would like to comment on. You willneed to provide the City Secretary your name, address, and the name, and/or number you arecalling into the conference with for recognition purposes to allow you to speak during the item. In order to facilitate Public Hearings during the meeting, each name on the speaking list will becalled in the order they were received and will be provided an opportunity to comment. You mayalso provide comments to the City Secretary (citysecretary@sangertexas.org) regarding an itemif you do not wish to speak, and they will be emailed to the Mayor and Councilmembers beforethe meeting. Please provide your comments or requests to comment for all items no later thanone (1) hour before the meeting. The public may dial one of the the following numbers and enter the Meeting ID and Password tojoin the meeting. A tollfree number is available and noted on the list below:Meeting ID: 951 5736 3031Password: 576309Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 646 558 8656 US (New York)+1 253 215 8782 US888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick: Councilmember David Clark. COUNCIL MEMBERS ABSENT: None. STAFF MEMBERS PRESENT: City Manager Alina Ciocan; City Secretary Cheryl Price;Public Works Director James Berman; Librarian/Social Media Laura Klenke. 1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation. Roll was called by the City Secretary, the Mayor and all five Councilmembers were noted as present by teleconference constituting a quorum. There being a quorum present, the April 20, 2020 Regular City Council Meeting was called to order at 7:02 p.m. by Mayor Muir. Councilmember Dillon provided the Invocation. Mayor Muir summarized that this meeting is being held by teleconference in accordance with the Open Meeting rules set out by Governor Abbott Effective March 16, 2020 with the goal to reduce large groups of people from assembling and in order to slow the spread of Coronavirus (COVID19). 2.CITIZEN INPUT: Mayor Muir solicited any citizens who wished to speak during citizen participation. There were no citizens who wished to speak. 3.CONSENT AGENDA: a.Approval of Minutes 1.City Council Regular Meeting Minutes 04062020 City Council Regular Meeting Minutes for April 6th, 2020. A motion was made by Councilmember Clark to approve the Consent Agenda as presented The motion was seconded by Councilmember Chick. The vote was called by the City Secretary and the following Yea/Nay votes were recorded: Mayor Pro Tem Bilyeu voted Yea Councilmember Barrett voted Yea Councilmember Dillon voted Yea Councilmember Chick voted Yea Councilmember Clark voted Yea The motion to approve carried unanimously (50 vote). 4.Consider Any Items Removed from Consent Agenda. REGULAR AGENDA 5.Update on Ground Storage Tanks Discussion on Change Orders for Repairs on Acker Street and Cowling Road Ground Storage Tanks. Page 2Page 11 CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, April 20, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak or provide public comments during the meeting please emailcitysecretary@sangertexas.org and indicate which item you would like to comment on. You willneed to provide the City Secretary your name, address, and the name, and/or number you arecalling into the conference with for recognition purposes to allow you to speak during the item. In order to facilitate Public Hearings during the meeting, each name on the speaking list will becalled in the order they were received and will be provided an opportunity to comment. You mayalso provide comments to the City Secretary (citysecretary@sangertexas.org) regarding an itemif you do not wish to speak, and they will be emailed to the Mayor and Councilmembers beforethe meeting. Please provide your comments or requests to comment for all items no later thanone (1) hour before the meeting. The public may dial one of the the following numbers and enter the Meeting ID and Password tojoin the meeting. A tollfree number is available and noted on the list below:Meeting ID: 951 5736 3031Password: 576309Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 646 558 8656 US (New York)+1 253 215 8782 US888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick: Councilmember David Clark.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price;Public Works Director James Berman;Librarian/Social Media Laura Klenke.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll was called by the City Secretary, the Mayor and all five Councilmembers were noted as presentby teleconference constituting a quorum. There being a quorum present, the April 20, 2020 RegularCity Council Meeting was called to order at 7:02 p.m. by Mayor Muir. Councilmember Dillonprovided the Invocation. Mayor Muir summarized that this meeting is being held by teleconference inaccordance with the Open Meeting rules set out by Governor Abbott Effective March 16, 2020with the goal to reduce large groups of people from assembling and in order to slow the spread ofCoronavirus (COVID19). 2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak during citizen participation. There were nocitizens who wished to speak. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 04062020City Council Regular Meeting Minutes for April 6th, 2020.A motion was made by Councilmember Clark to approve the Consent Agenda as presented Themotion was seconded by Councilmember Chick. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded:Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Chick voted YeaCouncilmember Clark voted YeaThe motion to approve carried unanimously (50 vote).4.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA5.Update on Ground Storage TanksDiscussion on Change Orders for Repairs on Acker Street and Cowling Road Ground Storage Tanks. Jim Berman Director of Public Works briefed the Council on the discussion item. He noted that on February 3, 2020 Maguire Iron, Inc. was selected to provide the professional full service maintenance for water storage facilities for one of our elevated storage tanks and our ground storage tanks. During the process of renovating the Acker Street tank it was discovered that all of the interior beams were severely corroded at the point where rest on the inner support plat, as well as where the beams are connected at the tank sidewall. During the process of renovating Cowling Road Tank much of the same conditions were found. When taking the air vent off of the Acker Street Tank it was determined that the condition of the inside of the tanks was beyond what was expected. A detailed report, photos, and summary of repairs was provided by Mcguire Iron, Inc. The following three recommended options were presented and discussed: 1. Proceed as planned with renovation; assess structure postabrasive blast. Provide minor steel repair and/or replacement as needed. Cost to complete the above work: $575/hour plus materials. 2. Remove and replace all of the roof beams (30) with new, 6” Cchannel beams of similar construction of the original beams. Replacing only sections of the beams would be as costly as full replacement. Keep the current roof plates and abrasive blast per the original scope of work. Any holes caused by the SSPCSP#10 blast would be plated over with full seam welds. Cost to complete the above work: $125,000.00. 3. Remove and replace the entire roof structure and plates if current steel condition is beyond repair. The city has two installation options: Install a roof of similar construction to the current design or Install a selfsupporting dome roof; Roof would require no beams, posts, or additional bracing on the tank interior or exterior, leaving a smooth surface on the tank interior. This would increase the life of the tank roof over the interior beam option. Cost to complete the above work: $235,000.00 for either option. Jack Powell and Roxanne Bagwell of Maguire Iron, Inc., were present to answer any questions. Director of Public Works James Berman summarized the three options and noted that he would choose Option 2. Noting he did not like the fact that Option 1 is time and materials with no set limit for completion and Option 3 is quite expensive with the consideration that we have other tanks we will need to also do maintenance on. Mayor Muir noted that Mr. Berman is preparing a complete report of what we are looking at for repair of all of the tanks so we can begin the maintenance. Jack Powell provided his opinion of Options 2 and 3, and the pros and cons of the dome roof versus the flat roof (less expensive option) design noting that the dome roof would be more modern longer lasting preferred choice with less required maintenance. There was discussion regarding going with the dome roof and the additional cost associated with it. Public Works Director, Jim Berman noted that there are several other tanks that need maintenance and we need to stretch the dollars to take care of all of the infrastructure. Discussion ensued regarding the ages of the tanks and the conditions and even the suggestion of building a new larger tank to take the place of two of the tanks. Mr. Powell noted that replacement cost would be quite a bit less than a new tank. It was noted that the plan is to do a comprehensive look on the rest of the system. Director of Public Works, Jim Berman noted that tonight, this is a change order for just a portion of what will need to be done. The choice for tonight is for two different items; No. 1 is $75,000 for repair of the Acker Street tank, and the other item is for a choice for repair of the Cowling Road ground storage tanks. It was noted that a portion of these repairs would be funded by the extra bond monies. There will be a more comprehensive look at the rest of the system and the City will have to come up with funding for three more wells and two more elevated storage tanks. Jack Page 3Page 12 CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, April 20, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak or provide public comments during the meeting please emailcitysecretary@sangertexas.org and indicate which item you would like to comment on. You willneed to provide the City Secretary your name, address, and the name, and/or number you arecalling into the conference with for recognition purposes to allow you to speak during the item. In order to facilitate Public Hearings during the meeting, each name on the speaking list will becalled in the order they were received and will be provided an opportunity to comment. You mayalso provide comments to the City Secretary (citysecretary@sangertexas.org) regarding an itemif you do not wish to speak, and they will be emailed to the Mayor and Councilmembers beforethe meeting. Please provide your comments or requests to comment for all items no later thanone (1) hour before the meeting. The public may dial one of the the following numbers and enter the Meeting ID and Password tojoin the meeting. A tollfree number is available and noted on the list below:Meeting ID: 951 5736 3031Password: 576309Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 646 558 8656 US (New York)+1 253 215 8782 US888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick: Councilmember David Clark.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price;Public Works Director James Berman;Librarian/Social Media Laura Klenke.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll was called by the City Secretary, the Mayor and all five Councilmembers were noted as presentby teleconference constituting a quorum. There being a quorum present, the April 20, 2020 RegularCity Council Meeting was called to order at 7:02 p.m. by Mayor Muir. Councilmember Dillonprovided the Invocation. Mayor Muir summarized that this meeting is being held by teleconference inaccordance with the Open Meeting rules set out by Governor Abbott Effective March 16, 2020with the goal to reduce large groups of people from assembling and in order to slow the spread ofCoronavirus (COVID19). 2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak during citizen participation. There were nocitizens who wished to speak. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 04062020City Council Regular Meeting Minutes for April 6th, 2020.A motion was made by Councilmember Clark to approve the Consent Agenda as presented Themotion was seconded by Councilmember Chick. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded:Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Chick voted YeaCouncilmember Clark voted YeaThe motion to approve carried unanimously (50 vote).4.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA5.Update on Ground Storage TanksDiscussion on Change Orders for Repairs on Acker Street and Cowling Road Ground StorageTanks.Jim Berman Director of Public Works briefed the Council on the discussion item. He noted that onFebruary 3, 2020 Maguire Iron, Inc. was selected to provide the professional full servicemaintenance for water storage facilities for one of our elevated storage tanks and our groundstorage tanks. During the process of renovating the Acker Street tank it was discovered that all ofthe interior beams were severely corroded at the point where rest on the inner support plat, as wellas where the beams are connected at the tank sidewall. During the process of renovating CowlingRoad Tank much of the same conditions were found. When taking the air vent off of the AckerStreet Tank it was determined that the condition of the inside of the tanks was beyond what wasexpected. A detailed report, photos, and summary of repairs was provided by Mcguire Iron, Inc. The following three recommended options were presented and discussed:1. Proceed as planned with renovation; assess structure postabrasive blast. Provide minor steelrepair and/or replacement as needed. Cost to complete the above work: $575/hour plusmaterials.2. Remove and replace all of the roof beams (30) with new, 6” Cchannel beams of similarconstruction of the original beams. Replacing only sections of the beams would be as costly asfull replacement. Keep the current roof plates and abrasive blast per the original scope ofwork. Any holes caused by the SSPCSP#10 blast would be plated over with full seamwelds. Cost to complete the above work: $125,000.00.3. Remove and replace the entire roof structure and plates if current steel condition is beyondrepair. The city has two installation options: Install a roof of similar construction to the currentdesign or Install a selfsupporting dome roof; Roof would require no beams, posts, oradditional bracing on the tank interior or exterior, leaving a smooth surface on the tankinterior. This would increase the life of the tank roof over the interior beam option. Cost tocomplete the above work: $235,000.00 for either option.Jack Powell and Roxanne Bagwell of Maguire Iron, Inc., were present to answer any questions. Director of Public Works James Berman summarized the three options and noted that he wouldchoose Option 2. Noting he did not like the fact that Option 1 is time and materials with no set limitfor completion and Option 3 is quite expensive with the consideration that we have other tanks wewill need to also do maintenance on. Mayor Muir noted that Mr. Berman is preparing a completereport of what we are looking at for repair of all of the tanks so we can begin the maintenance. Jack Powell provided his opinion of Options 2 and 3, and the pros and cons of the dome roofversus the flat roof (less expensive option) design noting that the dome roof would be more modernlonger lasting preferred choice with less required maintenance. There was discussion regardinggoing with the dome roof and the additional cost associated with it. Public Works Director, JimBerman noted that there are several other tanks that need maintenance and we need to stretch thedollars to take care of all of the infrastructure. Discussion ensued regarding the ages of the tanksand the conditions and even the suggestion of building a new larger tank to take the place of two ofthe tanks. Mr. Powell noted that replacement cost would be quite a bit less than a new tank. It was noted that the plan is to do a comprehensive look on the rest of the system. Director of Public Works, Jim Berman noted that tonight, this is a change order for just a portion ofwhat will need to be done. The choice for tonight is for two different items; No. 1 is $75,000 forrepair of the Acker Street tank, and the other item is for a choice for repair of the Cowling Roadground storage tanks. It was noted that a portion of these repairs would be funded by the extra bond monies. There will be a more comprehensive look at the rest of the system and the City will have to come up with funding for three more wells and two more elevated storage tanks. Jack Powell offered that they could spread the work over 6 to 7 years, so from a budgetary standpoint, the City is not looking at a large capital outlay. There was general discussion regarding how the repairs and maintenance would be handled and it was noted that both wells need to be repaired and would remain online. There was general discussion regarding the funding and repairs being staggered over some budgetary cycles and the best solutions for the longevity of the improvements. City Manager Alina Ciocan noted that she would get with Finance Director Clayton Gray regarding the options which will be submitted tor Council consideration for the change order and proposed budget amendment at the next meeting. Mayor Muir noted that this was just a discussion item. Mayor Pro Tem Bilyeu noted he would like to know where we stand for the repair of the rest of the infrastructure. Councilmember Clark noted that the dome roof would be the best option; however, the problem was maintenance which will not be a problem so technically we could go with a flat room as long as the facility is maintained. He noted that they possibly may need to add some more vents so the chlorine would not to eat the beams so quickly. Mr. Powell agreed with Councilmember Clark and he explained how they would maintain the tank if it began to show corrosion, that they want to stay on top of it. There was continued discussion on additional maintenance details regarding painting/coating, engineering, and design recommendations. Mayor Pro Tem Bilyeu noted that he wants them to come forward with detailed recommendations, what do we need to do to improve our situation. Mr. Powell noted that after repairs this is a very comprehensive maintenance program and that the City will never be in this position again. In summary, it was noted that there was a general census of the Council that the Acker Street Change order for $75,000 move forward to the next Council meeting and that more information was needed for the repair of the Cowling Road ground storage tanks. Staff would get with Finance and Mcguire and discuss the options and costs to bring forward to Council in more detail depending on what the rest of the infrastructure looks like and possibly spread over more time. Mr. Powell noted he would like to come to Texas and look at the rest of the tanks next week and provide a basic CIP report and what would be needed in the next five to seven years. 6.INFORMATION ITEMS: a.Monthly Financial Report February 29, 2020 b.Capital Projects Recap April 13, 2020 c.Letter from Waste Connections re: COVID19 Letter from Waste Connections re: COVID19 d.Atmos Energy Corporation MidTex 2019 IRA Filing Atmos Energy Corporation MidTex Division Interim Rate Adjustment (IRA) Filing Update. Mayor Muir summarized the Information Items and there was brief discussion regarding Capital Projects and Financials. 7.FUTURE AGENDA ITEMS: Page 4Page 13 CITY OF SANGER, TEXASMINUTES: REGULAR CITY COUNCIL MEETINGMonday, April 20, 2020 7:00 PM502 Elm Street, Sanger, TexasIMPORTANT NOTICE: MEETING HELD BY TELECONFERENCEMeetings will temporarily be held via teleconference and will not be held at Sanger CityHall. Effective March 16, 2020 Texas Governor Abbott suspended certain Open Meeting rulesto allow telephonic or videoconference meetings of government bodies that are accessible to thepublic to decrease large groups of people from assembling in order to advance the public healthgoal of limiting facetoface meetings to slow the spread of the Coronavirus (COVID19). Thesuspension temporarily removes the requirement that government officials and members of thepublic be physically present at a meeting location. A recording of the telephone conference willbe made available to the public in accordance with the Open Meetings Act, upon written requestfor up to 90 days after the official minutes of the meeting are approved. If you plan to speak or provide public comments during the meeting please emailcitysecretary@sangertexas.org and indicate which item you would like to comment on. You willneed to provide the City Secretary your name, address, and the name, and/or number you arecalling into the conference with for recognition purposes to allow you to speak during the item. In order to facilitate Public Hearings during the meeting, each name on the speaking list will becalled in the order they were received and will be provided an opportunity to comment. You mayalso provide comments to the City Secretary (citysecretary@sangertexas.org) regarding an itemif you do not wish to speak, and they will be emailed to the Mayor and Councilmembers beforethe meeting. Please provide your comments or requests to comment for all items no later thanone (1) hour before the meeting. The public may dial one of the the following numbers and enter the Meeting ID and Password tojoin the meeting. A tollfree number is available and noted on the list below:Meeting ID: 951 5736 3031Password: 576309Dial by your location+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose)+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 646 558 8656 US (New York)+1 253 215 8782 US888 475 4499 US Tollfree877 853 5257 US TollfreeCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir; Mayor Pro Tem Gary Bilyeu; Councilmember Marissa Barrett;Councilmember Dennis Dillon; Councilmember Allen Chick: Councilmember David Clark.COUNCIL MEMBERS ABSENT:None.STAFF MEMBERS PRESENT:City Manager Alina Ciocan; City Secretary Cheryl Price;Public Works Director James Berman;Librarian/Social Media Laura Klenke.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Roll was called by the City Secretary, the Mayor and all five Councilmembers were noted as presentby teleconference constituting a quorum. There being a quorum present, the April 20, 2020 RegularCity Council Meeting was called to order at 7:02 p.m. by Mayor Muir. Councilmember Dillonprovided the Invocation. Mayor Muir summarized that this meeting is being held by teleconference inaccordance with the Open Meeting rules set out by Governor Abbott Effective March 16, 2020with the goal to reduce large groups of people from assembling and in order to slow the spread ofCoronavirus (COVID19). 2.CITIZEN INPUT:Mayor Muir solicited any citizens who wished to speak during citizen participation. There were nocitizens who wished to speak. 3.CONSENT AGENDA:a.Approval of Minutes1.City Council Regular Meeting Minutes 04062020City Council Regular Meeting Minutes for April 6th, 2020.A motion was made by Councilmember Clark to approve the Consent Agenda as presented Themotion was seconded by Councilmember Chick. The vote was called by the City Secretary and thefollowing Yea/Nay votes were recorded:Mayor Pro Tem Bilyeu voted YeaCouncilmember Barrett voted YeaCouncilmember Dillon voted YeaCouncilmember Chick voted YeaCouncilmember Clark voted YeaThe motion to approve carried unanimously (50 vote).4.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA5.Update on Ground Storage TanksDiscussion on Change Orders for Repairs on Acker Street and Cowling Road Ground StorageTanks.Jim Berman Director of Public Works briefed the Council on the discussion item. He noted that onFebruary 3, 2020 Maguire Iron, Inc. was selected to provide the professional full servicemaintenance for water storage facilities for one of our elevated storage tanks and our groundstorage tanks. During the process of renovating the Acker Street tank it was discovered that all ofthe interior beams were severely corroded at the point where rest on the inner support plat, as wellas where the beams are connected at the tank sidewall. During the process of renovating CowlingRoad Tank much of the same conditions were found. When taking the air vent off of the AckerStreet Tank it was determined that the condition of the inside of the tanks was beyond what wasexpected. A detailed report, photos, and summary of repairs was provided by Mcguire Iron, Inc. The following three recommended options were presented and discussed:1. Proceed as planned with renovation; assess structure postabrasive blast. Provide minor steelrepair and/or replacement as needed. Cost to complete the above work: $575/hour plusmaterials.2. Remove and replace all of the roof beams (30) with new, 6” Cchannel beams of similarconstruction of the original beams. Replacing only sections of the beams would be as costly asfull replacement. Keep the current roof plates and abrasive blast per the original scope ofwork. Any holes caused by the SSPCSP#10 blast would be plated over with full seamwelds. Cost to complete the above work: $125,000.00.3. Remove and replace the entire roof structure and plates if current steel condition is beyondrepair. The city has two installation options: Install a roof of similar construction to the currentdesign or Install a selfsupporting dome roof; Roof would require no beams, posts, oradditional bracing on the tank interior or exterior, leaving a smooth surface on the tankinterior. This would increase the life of the tank roof over the interior beam option. Cost tocomplete the above work: $235,000.00 for either option.Jack Powell and Roxanne Bagwell of Maguire Iron, Inc., were present to answer any questions. Director of Public Works James Berman summarized the three options and noted that he wouldchoose Option 2. Noting he did not like the fact that Option 1 is time and materials with no set limitfor completion and Option 3 is quite expensive with the consideration that we have other tanks wewill need to also do maintenance on. Mayor Muir noted that Mr. Berman is preparing a completereport of what we are looking at for repair of all of the tanks so we can begin the maintenance. Jack Powell provided his opinion of Options 2 and 3, and the pros and cons of the dome roofversus the flat roof (less expensive option) design noting that the dome roof would be more modernlonger lasting preferred choice with less required maintenance. There was discussion regardinggoing with the dome roof and the additional cost associated with it. Public Works Director, JimBerman noted that there are several other tanks that need maintenance and we need to stretch thedollars to take care of all of the infrastructure. Discussion ensued regarding the ages of the tanksand the conditions and even the suggestion of building a new larger tank to take the place of two ofthe tanks. Mr. Powell noted that replacement cost would be quite a bit less than a new tank. It was noted that the plan is to do a comprehensive look on the rest of the system. Director of Public Works, Jim Berman noted that tonight, this is a change order for just a portion ofwhat will need to be done. The choice for tonight is for two different items; No. 1 is $75,000 forrepair of the Acker Street tank, and the other item is for a choice for repair of the Cowling Roadground storage tanks. It was noted that a portion of these repairs would be funded by the extrabond monies. There will be a more comprehensive look at the rest of the system and the City willhave to come up with funding for three more wells and two more elevated storage tanks. JackPowell offered that they could spread the work over 6 to 7 years, so from a budgetary standpoint,the City is not looking at a large capital outlay. There was general discussion regarding how therepairs and maintenance would be handled and it was noted that both wells need to be repaired andwould remain online. There was general discussion regarding the funding and repairs beingstaggered over some budgetary cycles and the best solutions for the longevity of the improvements. City Manager Alina Ciocan noted that she would get with Finance Director Clayton Gray regardingthe options which will be submitted tor Council consideration for the change order and proposedbudget amendment at the next meeting.Mayor Muir noted that this was just a discussion item. Mayor Pro Tem Bilyeu noted he would liketo know where we stand for the repair of the rest of the infrastructure. Councilmember Clark notedthat the dome roof would be the best option; however, the problem was maintenance which will notbe a problem so technically we could go with a flat room as long as the facility is maintained. Henoted that they possibly may need to add some more vents so the chlorine would not to eat thebeams so quickly. Mr. Powell agreed with Councilmember Clark and he explained how they wouldmaintain the tank if it began to show corrosion, that they want to stay on top of it. There wascontinued discussion on additional maintenance details regarding painting/coating, engineering, anddesign recommendations. Mayor Pro Tem Bilyeu noted that he wants them to come forward withdetailed recommendations, what do we need to do to improve our situation. Mr. Powell noted thatafter repairs this is a very comprehensive maintenance program and that the City will never be in thisposition again.In summary, it was noted that there was a general census of the Council that the Acker StreetChange order for $75,000 move forward to the next Council meeting and that more information wasneeded for the repair of the Cowling Road ground storage tanks. Staff would get with Finance andMcguire and discuss the options and costs to bring forward to Council in more detail depending onwhat the rest of the infrastructure looks like and possibly spread over more time. Mr. Powell notedhe would like to come to Texas and look at the rest of the tanks next week and provide a basic CIPreport and what would be needed in the next five to seven years. 6.INFORMATION ITEMS:a.Monthly Financial Report February 29, 2020b.Capital Projects Recap April 13, 2020c.Letter from Waste Connections re: COVID19Letter from Waste Connections re: COVID19d.Atmos Energy Corporation MidTex 2019 IRA FilingAtmos Energy Corporation MidTex Division Interim Rate Adjustment (IRA) Filing Update.Mayor Muir summarized the Information Items and there was brief discussion regarding CapitalProjects and Financials. 7.FUTURE AGENDA ITEMS: Mayor Pro Tem Bilyeu asked if Economic Development Director Shani Bradshaw could provide an update to City Council with what the present needs are in the business community. 8.ADJOURN. There being no further agenda items, Mayor Muir adjourned the meeting at 8:02 p.m. Page 5Page 14 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 7. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEM/CAPTION: Easement Acquisition: Wastewater Infrastructure Consider, Discuss and Possibly Act on Easement Acquisition for Wastewater Infrastructure. AGENDA TYPE: Regular, Executive ACTION REQUESTED: BACKGROUND: N/A LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A Page 15 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 8. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: Sure Steel Preliminary Plat Consider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, in the City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The applicant is proposing to create 1 industrial lot from 1 unplatted tract of 4.166 acre site zoned I2 (Industrial District 2). The proposed project is for a 14,526 square feet Industrial building that will consist of office and warehouse space. Office and warehouse are permitted uses in the I2 Zoning District. The property will be served by City of Sanger water, wastewater and electric. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: The Planning and Zoning Commission approved this project on April 13, 2020 with the condition that all staff comments were addressed prior to City Council Approval. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff has found the plat to be substantially in compliance with the Subdivision Regulations, and recommends Page 16 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 8.AGENDA MEETING DATE: May 4, 2020TO: Alina Ciocan, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:Sure Steel Preliminary PlatConsider Discuss and Act on the Preliminary Plat of the Sure Steel Addition Being 4.166 Acres, in the City of Sanger,and Generally Located Approximately 420 feet East of the Railroad on FM 455.AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:The applicant is proposing to create 1 industrial lot from 1 unplatted tract of 4.166 acre site zoned I2 (IndustrialDistrict 2). The proposed project is for a 14,526 square feet Industrial building that will consist of office andwarehouse space. Office and warehouse are permitted uses in the I2 Zoning District.The property will be served by City of Sanger water, wastewater and electric.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:The Planning and Zoning Commission approved this project on April 13, 2020 with the condition that all staffcomments were addressed prior to City Council Approval.FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff has found the plat to be substantially in compliance with the Subdivision Regulations, and recommends APPROVAL WITH THE FOLLOWING VARIANCE : 1. Section 10.105.04.C of the Subdivision Ordinance stating: “Lot Shape: Lots should be rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and onehalf to one (2.5:1).” ATTACHMENTS: Description Upload Date Type Staff Report 4/27/2020 Cover Memo Location Map 4/27/2020 Cover Memo Application 4/27/2020 Cover Memo Letter of Intent 4/27/2020 Cover Memo Preliminary Plat 4/27/2020 Cover Memo Page 17 CITY COUNCIL STAFF REPORT Meeting Date: April 13, 2020 Case #: 20SANZON-0012 Case Coordinator: Ramie Hammonds, Development Service Director Request: Consider Discuss and Act on the Preliminary Plat of the Sure Steel Addition being 4.166 Acres, in the City of Sanger, and Generally Located Approximately 420 feet East of the Railroad on FM 455. Applicant: Robert Stengele, P.E. ______________________________________________________________________________ Case Overview The applicant is proposing to create 1 industrial lot from 1 unplatted tract of 4.166 acre site zoned I-2 (Industrial District -2). The proposed project is for a 14,526 square feet Industrial building that will consist of office and warehouse space. Office and warehouse are permitted uses in the I-2 Zoning District. The property will be served by City of Sanger water, wastewater and electric. Staff Recommendation Staff has found the plat to be substantially in compliance with the Subdivision Regulations, and recommends APPROVAL WITH THE FOLLOWING VARIANCE: 1. Section 10.105.04.C of the Subdivision Ordinance stating: “Lot Shape: Lots should be rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and one-half to one (2.5:1).” Actions for Planning & Zoning Commission The Planning & Zoning Commission APPROVED (6-0) the Preliminary Plat on April 13, 2020 Attachments • Location Map • Application • Letter of Intent • Preliminary Plat Page 18 GROUSERUN E C H A P M A N D R Sure Steel B U R L I N G T O N N O R T H E R N S A N T A F E /Loca tion Exhibit: Sure SteelPreliminary Plat 0 200 400100 Feet DISC LAIM ER:This map was generated by GIS data providedby the Sanger GIS Department. The City of Sanger does not guarantee the correctness oraccuracy of any features on this map. T hes e mapproducts are for illustration purposes only andare not sui table for site-specific dec ision making.GIS data is subject to constant c hanges, andmay not be complete, accurate or current.Date: 3/22/2020 2:44:06 PMDoc Name: LocationExhibit_SureSteel Railroads CityLim its Exhi bits Page 19 Page 20 Page 21 N 69°3 4 ' 0 7 " E 2 4 8 . 2 4 ' S 87°46'11" E 737.52' N 86°20'31" W 126.28' N 0 3 ° 2 6 ' 3 4 " W 2 0 6 . 3 0 ' N 87°45'21" W 76.03' N 87°46'48" W 737.63' S 0 0 ° 5 6 ' 3 3 " W 2 0 7 . 8 2 ' S 0 8 ° 4 4 ' 3 1 " W 9 6 . 8 2 ' /// /// /// /// /// /// X X X X X X X X CL CL /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// / / / /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 4.166 ACRES A TRACT OF LAND DESCRIBED IN A DEED TO NS GROUP HOLDINGS, LLC INST# 2018-132959 R.P.R.D.C.T. A TRACT OF LAND DESCRIBED IN A DEED TO GRANITE INDUSTRIES LLC INST# 2004-28756 R.P.R.D.C.T. A TRACT OF LAND DESCRIBED IN A DEED TO SABLE CREEK PARTNERS, LTD INST# 2017-55475 R.P.R.D.C.T. A TRACT OF LAND DESCRIBED IN A DEED TO CLASSIC FIBERGLASS, LLC INST# 2014-65721 R.P.R.D.C.T. F.M. R O A D 4 5 5 EAST C H A P M A N D R I V E 31' AS P H A L T 90' R. O . W . P E R T x D O T REUBEN B E B E S U R V E Y , ABSTRACT # 2 9 DENTON C O U N T Y , T E X A S 1/2" FIR 1/2" FIR FIR/CAP "KAZ" FIR/CAP "KAZ" FIR/CAP (YELLOW) FIR/CAP (PINK) FIR/CAP "ALLIANCE" 5/8" FIR EXISTING 1 STORY FRAME RESIDENCE F.F. ELEV=661.26 EXISTING METAL SHED F.F. ELEV=661.86 EXISTING FRAME SHED F.F. ELEV=661.14 TBM=P.K. NAIL IN ASPHALT ELEV=659.14 NON-SHADED ZONE X SHADED ZONE A BRICK WELL ZONED B-2 ZONED I-2 ZONED B-2 TBM=BOX CUT WITH "X" ON HEADWALL ELEV=657.51 POB PROPOSED SCREENING FENCE PROPOSED TXDOT ROW EXISTING ROW 5 0 ' R O W D E D I C A T I O N 26' F I R E L A N E 20 ' F R O N T S E T B A C K 15 ' L A N D S C A P E BU F F E R 15 ' L A N D S C A P E BU F F E R 50 ' R E A R S E T B A C K 20' SIDE SETBACK 15' LANDSCAPE BUFFER 100-YR FLOODPLAIN PER APPROVED CLOMR 100-YR, FULLY-DEVELOPED FLOODPLAIN FLOO D W A Y FEMA EFFECTIVE FLOODPLAIN 15 ' W A T E R ES M T 2 0 ' F R O N T S E T B A C K 1 5 ' L A N D S C A P E B U F F E R P R O P O S E D 1 5 ' P U E TBM #1 NAD83 N=7182784.88 E=2375120.34 TBM #2 NAD83 N=7182689.19 E=2375105.63 100-YR, FULLY-DEVELOPED FLOODPLAIN 100-YR FLOODPLAIN PER APPROVED CLOMR FE M A F L O O D P L A I N CIT Y O F S A N G E R FL O O D P L A I N ( U L T I M A T E ) DR A I N A G E & F L O O D P L A I N EA S E M E N T ( 1 0 ' O U T S I D E UL T I M A T E ) C1 C2 L1 C 3 L 2 C4 L3 C5 L4 L5 L6 C 6 L7 L8 L9 C7 L 1 0 C 8 L1 1 C 9 Curve Table Curve # C9 C8 C7 C6 C5 C4 C3 C2 C1 Length 58.696 37.057 97.134 47.129 47.119 70.470 18.308 21.771 44.613 Radius 29.834 51.006 102.000 30.000 30.000 74.000 25.000 49.000 30.031 Delta 112.7248 41.6265 54.5623 90.0102 89.9898 54.5623 41.9596 25.4569 85.1159 CH Length 49.677 36.248 93.505 42.430 42.423 67.837 17.902 21.592 40.623 CH Direction S49° 35' 28.60"E S12° 24' 10.50"E S60° 29' 55.38"E N42° 46' 29.28"W S47° 13' 30.72"W N60° 29' 55.38"W N12° 14' 15.88"W N3° 59' 10.90"W N25° 53' 53.68"E Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 Length 64.814 155.103 110.111 70.000 26.000 69.985 30.000 26.000 225.079 154.071 56.431 Direction N8° 44' 31.44"E N33° 13' 03.20"W N87° 46' 47.56"W S2° 13' 49.00"W N87° 46' 11.00"W N2° 13' 49.00"E N87° 46' 47.56"W N2° 13' 12.44"E S87° 46' 47.56"E S33° 13' 03.20"E S8° 44' 31.44"W SCALE:1" = 30' PRELIMINARY PLAT1 Feet 0 30 60 LEGEND EXISTING WATER LINE EXISTING GAS LINE EXISTING OVERHEAD ELECTRIC LINE ADJACENT PROPERTY LINE BUILDING SETBACK EASEMENT PROPERTY LINE EXISTING SANITARY SEWER LINE EXISTING UNDERGROUND TELEPHONE LINE EXISTING UNDERGROUND CABLE LINE EXISTING UNDERGROUND ELECTRIC LINE PROPOSED WATER LINE PROPOSED SANITARY SEWER LINE PROPOSED STORM SEWER LINE EXISTING STORM SEWER LINE M PROPOSED MANHOLE EXISTING POWER POLE M PROPOSED FIRE HYDRANT PROPOSED GATE VALVE PROPOSED WATER METER EXISTING FIRE HYDRANT EXISTING GATE VALVE EXISTING WATER METER EXISTING MANHOLE FIRE LANE STRIPING FM 45 5 N 1 ST S T N 2 ND S T S A B L E C R E E K B L V D I N D I A N L N TBM #1 P.K.NAIL SET AT THE SOUTH EDGE OF ASPHALT OF F.M. ROAD 455 AT THE INTERSECTION OF SAID SOUTH EDGE WITH THE EAST EDGE OF A GRAVEL DRIVE FOR 180 EAST CHAPMAN DRIVE. TBM #2 “X” CUT ON THE SOUTHWEST CORNER OF A HEADWALL OF A BOX CULVERT ON F.M. ROAD 455 JUST NORTH OF PROPERTY LOCATED AT 200 EAST CHAPMAN DRIVE. PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY APPROVED FOR PREPARATION OF FINAL PLAT __ CITY OF SANGER, TX DATE PLANNING & ZONING COMMISSION 1405 W. CHAPMAN DR. SANGER, TX 76266 PH. 940-458-7503 FAX. 940-458-7417 TEXAS FIRM NO. F-12759 MARCH 09, 2020 PRELIMINARY PLAT SURE STEEL ADDITION BEING 4.166 ACRES OUT OF THE REUBEN BEBEE SURVEY, ABSTRACT NO. 29 DENTON COUNTY SURE STEEL OWNER: JOE MELTON 200 E CHAPMAN DRIVE 801-201-0572 SANGER, TEXAS 76226 KAZ SURVEYING SURVEYOR: GERALD DYER 1720 WESTMINSTER ST 940-382-3446 DENTON, TEXAS 76205 EIKON CONSULTING GROUP, LLC ENGINEER: ROBERT STENGELE 1405 W. CHAPMAN DRIVE 940.458.7503 SANGER, TEXAS 76226 PRELIMINARY PLAT NOTES: 1.THIS PROPERTY IS CURRENTLY ZONED I-2 INDUSTRIAL 2. 2.OWNER & APPLICANT: SURE STEEL 3.PROPOSED USE: I. OFFICE & STORAGE:14,526 SF 4.THE PURPOSE OF THE PLAT IS TO CREATE A INDUSTRIAL LOT. 5.BEARING BASIS DERIVED FROM GPS OBSERVATIONS MADE ON THE GROUND. TEXAS NORTH CENTRAL NAD 83. 6.ALL PUBLIC ACCESS EASEMENTS, PRIVATE ROADS, AND COMMON AREAS ARE TO BE MAINTAINED BY THE PROPERTY OWNER. 7.ACCORDING TO FEMA FIRM PANEL 48121C0210G, EFFECTIVE APRIL 18, 2011, PORTIONS OF THIS PROPERTY LIE WITHIN THE BOUNDARY OF SPECIAL FLOOD HAZARD AREA. 8.WATER AND SEWER DEMANDS: I. WATER DEMAND: 600 GPD II. SEWER DEMAND: 600 GPD 9. ABBREVIATIONS: I. P.U.E. = PUBLIC UTILITY EASEMENT 10.FLOODWAY EASEMENT RESTRICTION: NO CONSTRUCTION OR FILLING, WITHOUT THE APPROVAL IF THE CITY OF SANGER SHALL BE ALLOWED WITHIN THE FLOODPLAIN AREA, AND THEN ONLY AFTER DETAILED ENGINEERING PLANS AND STUDIES SHOW THAT NO FLOODING WILL RESULT, THAT NO OBSTRUCTION TO THE NATURAL FLOW OF WATER WILL RESULT AND SUBJECT TO ALL OWNERS OF THE PROPERTY AFFECTED BY SUCH CONSTRUCTION BECOMING PARTY TO THE REQUEST. WHERE CONSTRUCTION IS PERMITTED, ALL FINISHED FLOOR ELEVATIONS SHALL BE A MINIMUM OF TWO FEET ABOVE THE 100- YEAR FULLY DEVELOPED BASE FLOOD ELEVATION (BFE) TO THE ULTIMATE FLOODPLAIN. UTILITIES: WATER: CITY OF SANGER WATER DEPARTMENT 301 BOLIVAR ST SANGER, TEXAS 76266 940-458-2571 SOLID WASTE: PROGRESSIVE SOLID WASTE MANAGEMENT 1-800-909-9061 ELECTRIC: COSERV ELECTRIC 1-800-274-4014 GAS: ATMOS GAS COMPANY 1-800-460-3030 TELEPHONE: CENTURYLINK PHONE COMPANY 1-800-788-3500 SCALE:NOT TO SCALE VICINITY MAP2 C0.1 PROJECT LOCATION Page 22 1405 W. CHAPMAN DR. SANGER, TX 76266 PH. 940-458-7503 FAX. 940-458-7417 TEXAS FIRM NO. F-12759 MARCH 09, 2020 STATE OF TEXAS COUNTY OF DENTON I (WE), THE UNDERSIGNED, OWNER(S) OF THE LAND SHOWN ON THIS PLAT WITHIN THE AREA DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (METES AND BOUNDS DESCRIPTION OF BOUNDARY) ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CITY OF SANGER, DENTON COUNTY, TEXAS AND BEING A PART OF THE REUBEN BEBEE SURVEY, ABSTRACT NUMBER 29 AND BEING ALL OF THAT CALLED 3.65 ACRE TRACT OF LAND DESCRIBED IN DEED TO JAMES ROY PENNINGTON AND BILLIE J. PENNINGTON RECORDED IN INSTRUMENT NUMBER 2001-19693, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL OF THAT CALLED 0.65 ACRE TRACT OF LAND DESCRIBED IN FINAL JUDGMENT TO BILLIE JOYCE PENNINGTON RECORDED CAUSE NUMBER 18-4138-393 AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A ½ INCH IRON ROD FOUND IN THE SOUTH LINE OF FARM TO MARKET ROAD 455 AND BEING THE NORTHWEST CORNER OF A CALLED 30.804 ACRE TRACT OF LAND DESCRIBED IN DEED TO GRANITE INDUSTRIES, LLC RECORDED IN INSTRUMENT NUMBER 2004-28756, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING THE NORTHEAST CORNER OF SAID 0.65 ACRE TRACT; THENCE ALONG THE COMMON LINE OF SAID 30.804 ACRE TRACT AND THIS TRACT, SOUTH 08 DEGREES 44 MINUTES 31 SECONDS WEST, 96.82 FEET TO A ½ INCH IRON ROD FOUND AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID 30.804 ACRE TRACT AND BEING THE NORTHWEST CORNER OF SAID 3.65 ACRE TRACT; THENCE ALONG THE COMMON LINE OF SAID 30.804 ACRE TRACT, SOUTH 87 DEGREES 46 MINUTES 11 SECONDS EAST, 737.52 FEET TO A ½ INCH IRON ROD FOUND AT AN ELL CORNER OF SAID 30.804 ACRE TRACT AND THE NORTHEAST CORNER OF SAID 3.65 ACRE TRACT; THENCE CONTINUING ALONG SAID COMMON LINE, SOUTH 00 DEGREES 56 MINUTES 33 SECONDS WEST, 207.82 FEET TO A CAPPED IRON ROD FOUND AT THE NORTHEAST CORNER OF A CALLED 17.893 ACRE TRACT OF LAND DESCRIBED IN DEED TO SABLE CREEK PARTNERS, LTD. RECORDED IN INSTRUMENT NUMBER 2017-55475, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING THE SOUTHEAST CORNER OF SAID 3.65 ACRE TRACT; THENCE ALONG THE COMMON LINE OF SAID 17.893 ACRE TRACT AND THIS TRACT, NORTH 87 DEGREES 46 MINUTES 48 SECONDS WEST, 737.63 FEET TO A CAPPED IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID 3.65 ACRE TRACT AND THE SOUTHEAST CORNER OF SAID 0.65 ACRE TRACT; THENCE CONTINUING ALONG SAID COMMON LINE, NORTH 87 DEGREES 45 MINUTES 21 SECONDS WEST, 76.03 FEET TO A 5/8 INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID 0.65 ACRE TRACT AND BEING IN THE EAST LINE OF A CALLED 4.17 ACRE TRACT OF LAND DESCRIBED IN DEED TO CLASSIC FIBERGLASS, LLC RECORDED IN INSTRUMENT 2014-65721, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE ALONG THE COMMON LINE OF SAID 4.17 ACRE TRACT AND THIS TRACT, NORTH 03 DEGREES 26 MINUTES 34 SECONDS WEST, 206.30 FEET TO A CAPPED IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID 4.17 ACRE TRACT; THENCE CONTINUING ALONG SAID COMMON LINE, NORTH 86 DEGREES 20 MINUTES 31 SECONDS WEST, 126.28 FEET TO A CAPPED IRON ROD FOUND AT A COMMON CORNER OF SAID 4.17 ACRE TRACT AND THIS TRACT AND BEING IN THE SOUTH LINE OF SAID FARM TO MARKET ROAD 455; THENCE ALONG SAID SOUTH LINE, NORTH 69 DEGREES 34 MINUTES 07 SECONDS EAST, 248.24 FEET TO THE PLACE OF BEGINNING AND CONTAINING 4.17 ACRES OF LAND MORE OR LESS. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT ____________, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICER, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS (LOT/BLOCK/SUBDIVISION), AN ADDITION TO THE CITY OF SANGER, TEXAS, AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER BY FEE SIMPLE TITLE, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, ALL STREETS, THOROUGHFARES, ALLEYS, FIRE LANES, DRIVE AISLES, PARKS, AND WATERCOURSES, AND TO THE PUBLIC USE FOREVER EASEMENTS FOR SIDEWALKS, STORM DRAINAGE FACILITIES, UTILITIES AND ANY OTHER PROPERTY NECESSARY TO SERVE THE PLAT AND TO IMPLEMENT THE REQUIREMENTS OF THE SUBDIVISION REGULATIONS AND OTHER CITY CODES AND DO HEREBY BIND OURSELVES, OUR HEIRS, SUCCESSORS AND ASSIGNS TO WARRANT AND TO FOREVER DEFEND THE TITLE ON THE LAND SO DEDICATED. FURTHER, THE UNDERSIGNED COVENANTS AND AGREES THAT HE/SHE SHALL MAINTAIN ALL EASEMENTS AND FACILITIES IN A STATE OF GOOD REPAIR AND FUNCTIONAL CONDITION AT ALL TIMES IN ACCORDANCE WITH CITY CODES AND REGULATIONS. NO BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED OR PLACED UPON, OVER, OR ACROSS THE EASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BE INSTALLED, IF APPROVED BY THE CITY OF SANGER. THE CITY OF SANGER AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO ACCESS AND MAINTAIN ALL RESPECTIVE EASEMENTS WITHOUT THE NECESSITY AT ANY TIME OF PROCURING PERMISSION FROM ANYONE. 1.THE CITY OF SANGER IS NOT RESPONSIBLE FOR REPLACING ANY IMPROVEMENTS IN, UNDER, OR OVER ANY EASEMENTS CAUSED BY MAINTENANCE OR REPAIR. 2.UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY THE PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF SANGER' S USE THEREOF. 3.THE CITY OF SANGER AND PUBLIC UTILITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDING, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAS ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN THEEASEMENTS. 4.THE CITY OF SANGER AND PUBLIC UTILITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME PROCURING PERMISSION FROM ANYONE. 5.ALL MODIFICATIONS TO THIS DOCUMENT SHALL BE BY MEANS OF PLAT AND APPROVED BY THE CITY OF SANGER. 6.DRAINAGE AND FLOODPLAIN EASEMENT RESTRICTION: CONSTRUCTION WITHIN THE FLOODPLAIN MAY NOT OCCUR UNTIL APPROVED BY THE CITY. (A REQUEST FOR CONSTRUCTION WITHIN THE FLOODPLAIN EASEMENT MUST BE ACCOMPANIED WITH DETAILED ENGINEERING PLANS AND STUDIES INDICATING THAT NO FLOODING WILL RESULT, THAT NO OBSTRUCTION TO THE NATURAL FLOW OF WATER WILL RESULT; AND SUBJECT TO ALL OWNERS OR THE PROPERTY AFFECTED BY SUCH CONSTRUCTION BECOMING A PARTY TO THE REQUEST.) WHERE CONSTRUCTION IS APPROVED, ALL FINISHED FLOOR ELEVATIONS SHALL BE A MINIMUM OF TWO (2) FEET ABOVE THE 100-YEAR FLOOD ELEVATION AS DETERMINED BY ANALYZING THE ULTIMATE BUILD-OUT CONDITIONS OF THE ENTIRE DRAINAGE BASIN. EXISTING CREEKS, LAKES, RESERVOIRS, OR DRAINAGE CHANNELS TRAVERSING ALONG OR ACROSS PORTIONS OF THIS ADDITION, WILL REMAIN AS AN OPEN CHANNEL AT ALL TIMES AND WILL BE MAINTAINED BY THE INDIVIDUAL OWNERS OF THE LOT OR LOTS THAT ARE TRAVERSED BY THE DRAINAGE COURSES ALONG OR ACROSS SAID LOTS. THE CITY WILL NOT BE RESPONSIBLE FOR THE MAINTENANCE AND OPERATION OF SAID DRAINAGE WAYS OR FOR THE CONTROL OF EROSION. EACH PROPERTY OWNER SHALL KEEP THE NATURAL DRAINAGE CHANNELS TRAVERSING HIS/HER PROPERTY CLEAN AND FREE OF DEBRIS, SILT, OR ANY SUBSTANCE THAT WOULD RESULT IN UNSANITARY CONDITIONS. THE CITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF INSPECTION AND SUPERVISION OF MAINTENANCE WORK BY THE PROPERTY OWNER TO ALLEVIATE ANY UNDESIRABLE CONDITIONS, WHICH MAY OCCUR. THE CITY IS NOT OBLIGATED TO MAINTAIN OR ASSISTANCE WITH MAINTENANCE OF THE AREA. THE NATURAL DRAINAGE CHANNEL, AS IN THE CASE OF ALL NATURAL DRAINAGE CHANNELS, ARE SUBJECT TO STORM WATER OVERFLOW AND NATURAL BANK EROSION. THE CITY SHALL NOT BE LIABLE FOR DAMAGES OF ANY NATURE RESULTING FROM THE OCCURRENCE OF THESE NATURAL PHENOMENA, NOR RESULTING FROM A FAILURE OF ANY STRUCTURE(S) WITHIN THE NATURAL DRAINAGE CHANNELS. THE NATURAL DRAINAGE CHANNEL CROSSING EACH LOT IS SHOWN BY THE FLOODWAY EASEMENT LINE AS SHOWN ON THE PLAT. IF A SUBDIVISION ALTERS THE HORIZONTAL OR VERTICAL FLOODPLAIN, A FEMA FLOODWAY MAP REVISION MAY BEREQUIRED. 7.FLOODPLAIN RESTRICTION: NO CONSTRUCTION OR FILLING, WITHOUT THE APPROVAL OF THE CITY OF SANGER SHALL BE ALLOWED WITHIN THE FLOODPLAIN AREA, AND THEN ONLY AFTER DETAILED ENGINEERING PLANS AND STUDIES SHOW THAT NO FLOODING WILL RESULT, THAT NO OBSTRUCTION TO THE NATURAL FLOW OF WATER WILL RESULT AND SUBJECT TO ALL OWNERS OF THE PROPERTY AFFECTED BY SUCH CONSTRUCTION BECOMING PARTY TO THE REQUEST. WHERE CONSTRUCTION IS PERMITTED, ALL FINISHED FLOOR ELEVATIONS SHALL BE A MINIMUM OF TWO FEET ABOVE THE 100- YEAR FULLY DEVELOPED BASED FLOOD ELEVATION (BFE) OF THE ULTIMATE FLOODPLAIN. APPROVED AND ACCEPTED ______________________________________________ MAYOR, CITY OF SANGER DATE ATTESTED BY: _______________________________________________ CITY SECRETARY, CITY OF SANGER DATE ______________________________________________ CHAIRMAN DATE PLANNING AND ZONING SURVEYORS CERTIFICATE STATE OF TEXAS § COUNTY OF COOKE § I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY ON THE GROUND UNDER MY SUPERVISION. _____________________________________________________ R.P.L.S. TEXAS REGISTRATION NO. STATE OF TEXAS § COUNTY OF COOKE § BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED J.E. THOMPSON II, KNOWN TO ME TO BE THE PERSON, WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF __________________ 2020. ____________________________________ NOTARY PUBLIC IN THE STATE OF TEXAS. MY COMMISSION EXPIRES _______________________. _____________________________________________________ REPRESENTATIVE OF SURE STEEL, INC. STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, THE UNDERSIGNED NOTARY IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED _________________________________, KNOWN TO ME TO BE THE PERSON, WHOSE NAME IS SUBSCRIBED TO THE FORGOING INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS ____________ DAY OF __________________ 2020. ___________________________________ NOTARY PUBLIC IN THE STATE OF TEXAS. MY COMMISSION EXPIRES _______________________. Page 23 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 9. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: Sable Creek Phase IV Final Plat Consider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres, Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The applicant is proposing to develop 50 residential lots and 2 open space lots in Phase IV of Sable Creek Addition. The property is located in SF7 zoning district and meets all of SF7 district requirements. The property will be served by City of Sanger water, wastewater, and CoServ Electric. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: The Planning and Zoning Commission Approved this project 60 on April 13, 2020. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends APPROVAL of the Phase IV plat. ATTACHMENTS: Page 24 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 9.AGENDA MEETING DATE: May 4, 2020TO: Alina Ciocan, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:Sable Creek Phase IV Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres, Generally LocatedEast of Railroad Line, South of FM 455 and North of East Willow Street.AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:The applicant is proposing to develop 50 residential lots and 2 open space lots in Phase IV of Sable Creek Addition.The property is located in SF7 zoning district and meets all of SF7 district requirements.The property will be served by City of Sanger water, wastewater, and CoServ Electric.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:The Planning and Zoning Commission Approved this project 60 on April 13, 2020.FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends APPROVAL of the Phase IV plat. ATTACHMENTS: Description Upload Date Type Staff Report 4/27/2020 Cover Memo Location Map 4/27/2020 Cover Memo Application 4/27/2020 Cover Memo Letter of Intent 4/27/2020 Cover Memo Final Plat Pg 1 4/27/2020 Cover Memo Final Plat Pg 2 4/27/2020 Cover Memo Page 25 CITY COUNCIL STAFF REPORT Meeting Date: May 4, 2020 Case #: 20SANZON-0013 Case Coordinator: Ramie Hammonds, Development Service Director Request: Consider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase IV, Being 12.697 Acres, Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street. Applicant: Schaeffer Harris, Allison Engineering ______________________________________________________________________________ Case Overview The applicant is proposing to develop 50 residential lots and 2 open space lots in phase IV of Sable Creek Addition. The property is located in SF-7 zoning district and meets all of SF-7 district requirements. The property will be served by City of Sanger water, wastewate and CoServ Electric. Applicant has addressed staff’s comments and provided a revised plat Staff Recommendation Staff has found the plat to be substantially in compliance with the Subdivision Regulations, and recommends APPROVAL of the Phase IV plat. Planning & Zoning Commission Recommendation The Planning & Zoning Commission APPROVED (6-0) the Final Plat on April 13, 2020 Attachments • Location Map • Application • Letter of Intent • Final Plat Page 26 E WILLOW ST S HIGHLANDDR KIRKLANDSTS JO NES S T PLEAS A N T V A L L E Y KRAMERCT SIMS ST COVEY LN KRA MER LN HERONDR CREEKSIDE DR SableCreekPhase 4 Sable Cree kPhase 4 /Loca tion Exhibit: Sable CreekPhase 4 0 180 36090 Feet DISC LAIM ER:This map was generated by GIS data providedby the Sanger GIS Department. The City of Sanger does not guarantee the correctness oraccuracy of any features on this map. T hes e mapproducts are for illustration purposes only andare not sui table for site-specific dec ision making.GIS data is subject to constant c hanges, andmay not be complete, accurate or current.Date: 3/22/2020 2:11:17 PMDoc Name: LocationExhibit_SableCreekPh4CityLimitsExhibits Page 27 City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-4072 (fax) 940-458-2059 (office) www.sangertexas.org Effective Date: 02/11/2020 SUBDIVISION APPLICATION Preliminary Plat Final Plat/Replat Vacating Plat Minor Plat Amended Plat Conveyance Plat Applicant Owner (if different from applicant) Name: Name: Company: Company: Address: Address City, State, Zip: City, State, Zip: Phone Phone: Fax: Fax: Email: Email: Submittal Checklist Pre-Application Conference (Date:____/____/______) One (1) Paper Copy of Plat (24”x36”, folded to 1/4 size) Letter of Intent Non-Refundable Application Fee (Check Payable to City of Sanger) Application Form (Signed by Owner) Applicable Plat Checklist (Completed) Additional Required Documents/Traffic & Drainage Studies etc. One (1) PDF Copy of all Documents Provided on a CD/DVD or Emailed to development@sangertexas.org Supporting Materials (List if provided): ____________________________________________________________________________ ____________________________________________________________________________________________________________ R Number(s):_________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ________________________________________________________________________ ____________________________ Owner’s Signature Date ________________________________________________________________________ ____________________________ Applicant’s Signature Date Office Use: Reviewed by Director of Development Services _____/_____/________ Complete (Check #_ ) Incomplete (Returned to Applicant / _/ ) X Schaeffer Harris Michael Todd Allison Engineering Group Sable Creek Partners, LTD 2415 N. Elm Street Denton, TX 76201 (940) 380-9453 sharris@ae-grp.com P.O. Box 969 Sanger, TX 76266 (940) 458-3690 Mike@justlanddevelopment.com 3 3 3 3 3 3 3 3 Civil Engineering Plans 466273 322 Page 28 2415 N. Elm Street Denton, TX 76201 Office: 940.380.9453 Fax: 940.380.9431 www.ae-grp.com TBPE Firm #: 7898 P:\Projects\GEL1902 - Sable Creek Ph 4-5\City Submittals\Final Plat\2020-03-09_1ST SUBMITTAL\Sable Creek IV&V FP Letter of Intent.docx Page 1 of 1 March 9, 2020 City of Sanger Economic & Community Development Department 201 Bolivar St. Sanger, TX 76266 Re: Sable Creek Phases IV & V Final Plat Letter of Intent Dear Ramie Hammonds: Please accept this final plat submittal for review by the appropriate approval bodies. This final plat submittal includes both phases IV and V. Phase IV is located to the south of Phase III and to the west of Phase II. It contains 12.697 acres which are proposed to be subdivided into 50 lots for residential use and 2 remainder lots (to be maintained by the HOA). Phase V is located west of Phase III. It contains 17.886 acres which are proposed to be subdivide d into 26 residential lots and 2 remainder lots (to be maintained by the HOA). The larger of the reminder lots is undeveloped floodplain. Please note that, though the current Zone A FEMA floodplain encroaches on both phases, the limits of the floodplain are currently being revised via a flood study, which is under review. Applicant and Future Correspondence: Schaeffer Harris Allison Engineering, Grp. 2415 N. Elm St. Denton, TX 76201 940.380.9453x108 Owner: Michael Todd Sable Creek Partners, LTD PO Box 969 Sanger, TX 76266 Respectfully Submitted, Allison Engineering Group Schaeffer Harris, EIT Page 29 Page 30 Page 31 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 10. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Ramie Hammonds, Development Service Director ITEM/CAPTION: Sable Creek Phase V Final Plat Consider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres, Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: The applicant is proposing to develop 26 residential lots and 2 ¬open space lots in Phase V of Sable Creek Addition. The property is located in SF7 zoning district and meets all of SF7 district requirements. The property will be served by City of Sanger water, wastewater, and Sanger Electric. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: The Planning and Zoning Commission Approved this project 60 on April 13, 2020. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends APPROVAL of the Phase V plat. Page 32 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 10.AGENDA MEETING DATE: May 4, 2020TO: Alina Ciocan, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:Sable Creek Phase V Final PlatConsider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres, Generally LocatedEast of Railroad Line, South of FM 455 and North of East Willow Street.AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:The applicant is proposing to develop 26 residential lots and 2 ¬open space lots in Phase V of Sable Creek Addition.The property is located in SF7 zoning district and meets all of SF7 district requirements. The property will be served by City of Sanger water, wastewater, and Sanger Electric.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:The Planning and Zoning Commission Approved this project 60 on April 13, 2020.FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends APPROVAL of the Phase V plat. ATTACHMENTS: Description Upload Date Type Staff Report 4/27/2020 Cover Memo Location Map 4/27/2020 Cover Memo Application 4/27/2020 Cover Memo Letter of Intent 4/27/2020 Cover Memo Final Plat Pg 1 4/27/2020 Cover Memo Final Plat Pg 2 4/27/2020 Cover Memo Page 33 CITY COUNCIL STAFF REPORT Meeting Date: May 4, 2020 Case #: 20SANZON-0014 Case Coordinator: Ramie Hammonds, Development Service Director Request: Consider, Discuss, and Act on a Final Plat of Sable Creek Addition Phase V, Being 17.886 Acres, Generally Located East of Railroad Line, South of FM 455 and North of East Willow Street. Applicant: Schaeffer Harris, Allison Engineering ______________________________________________________________________________ Case Overview The applicant is proposing to develop 26 residential lots and 2 open space lots in phase V of Sable Creek Addition. The property is located in SF-7 zoning district and meets all of SF-7 district requirements. The property will be served by City of Sanger water, wastewater Sanger Electric and CoServ Electric. Applicant has addressed staff’s comments and provided a revised plat Staff Recommendation Staff has found the plat to be substantially in compliance with the Subdivision Regulations, and recommends APPROVAL of the Phase V plat. Planning & Zoning Commission Recommendation The Planning & Zoning Commission APPROVED (6-0) the Final Plat on April 13, 2020 Attachments • Location Map • Application • Letter of Intent • Final Plat Page 34 COVEY LN R A I L R O A D AV E GROUSERUN B O L I VA R S T E C H A P M A N D R C R E E K S I D E DR Sa bleCreekPhase 5 /Loca tion Exhibit: Sable CreekPhase 5 0 200 400100 Feet DISC LAIM ER:This map was generated by GIS data providedby the Sanger GIS Department. The City of Sanger does not guarantee the correctness oraccuracy of any features on this map. T hes e mapproducts are for illustration purposes only andare not sui table for site-specific dec ision making.GIS data is subject to constant c hanges, andmay not be complete, accurate or current.Date: 3/22/2020 2:28:57 PMDoc Name: LocationExhibit_SableCreekPh5CityLimitsExhibits Page 35 City of Sanger 201 Bolivar / P.O Box 1729 Sanger, TX 76266 940-458-4072 (fax) 940-458-2059 (office) www.sangertexas.org Effective Date: 02/11/2020 SUBDIVISION APPLICATION Preliminary Plat Final Plat/Replat Vacating Plat Minor Plat Amended Plat Conveyance Plat Applicant Owner (if different from applicant) Name: Name: Company: Company: Address: Address City, State, Zip: City, State, Zip: Phone Phone: Fax: Fax: Email: Email: Submittal Checklist Pre-Application Conference (Date:____/____/______) One (1) Paper Copy of Plat (24”x36”, folded to 1/4 size) Letter of Intent Non-Refundable Application Fee (Check Payable to City of Sanger) Application Form (Signed by Owner) Applicable Plat Checklist (Completed) Additional Required Documents/Traffic & Drainage Studies etc. One (1) PDF Copy of all Documents Provided on a CD/DVD or Emailed to development@sangertexas.org Supporting Materials (List if provided): ____________________________________________________________________________ ____________________________________________________________________________________________________________ R Number(s):_________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ________________________________________________________________________ ____________________________ Owner’s Signature Date ________________________________________________________________________ ____________________________ Applicant’s Signature Date Office Use: Reviewed by Director of Development Services _____/_____/________ Complete (Check #_ ) Incomplete (Returned to Applicant / _/ ) X Schaeffer Harris Michael Todd Allison Engineering Group Sable Creek Partners, LTD 2415 N. Elm Street Denton, TX 76201 (940) 380-9453 sharris@ae-grp.com P.O. Box 969 Sanger, TX 76266 (940) 458-3690 Mike@justlanddevelopment.com 3 3 3 3 3 3 3 3 Civil Engineering Plans 60212 3 21 2019 Page 36 2415 N. Elm Street Denton, TX 76201 Office: 940.380.9453 Fax: 940.380.9431 www.ae-grp.com TBPE Firm #: 7898 P:\Projects\GEL1902 - Sable Creek Ph 4-5\City Submittals\Final Plat\2020-03-09_1ST SUBMITTAL\Sable Creek IV&V FP Letter of Intent.docx Page 1 of 1 March 9, 2020 City of Sanger Economic & Community Development Department 201 Bolivar St. Sanger, TX 76266 Re: Sable Creek Phases IV & V Final Plat Letter of Intent Dear Ramie Hammonds: Please accept this final plat submittal for review by the appropriate approval bodies. This final plat submittal includes both phases IV and V. Phase IV is located to the south of Phase III and to the west of Phase II. It contains 12.697 acres which are proposed to be subdivided into 50 lots for residential use and 2 remainder lots (to be maintained by the HOA). Phase V is located west of Phase III. It contains 17.886 acres which are proposed to be subdivide d into 26 residential lots and 2 remainder lots (to be maintained by the HOA). The larger of the reminder lots is undeveloped floodplain. Please note that, though the current Zone A FEMA floodplain encroaches on both phases, the limits of the floodplain are currently being revised via a flood study, which is under review. Applicant and Future Correspondence: Schaeffer Harris Allison Engineering, Grp. 2415 N. Elm St. Denton, TX 76201 940.380.9453x108 Owner: Michael Todd Sable Creek Partners, LTD PO Box 969 Sanger, TX 76266 Respectfully Submitted, Allison Engineering Group Schaeffer Harris, EIT Page 37 Page 38 Page 39 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 11. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Tracy LaPiene, City Engineer ITEM/CAPTION: FM 455 Utility Relocation Dannenbaum PSA Amendment 1 Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute Amendment 1 to the Engineering Contract with Dannenbaum Engineering Company, Dallas, LLC for FM 455 Water and Wastewater Utilities Relocations. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: On 12/03/2018, the City had executed a contract with Dannenbaum Engineering Company, Dallas, LLC for Engineering services associated with FM 455 Water and Wastewater Utility Relocations necessary due to the TXDOT FM 455 project. The Original Contract project description consisted of approximately 12,000 LF of new water and sewer pipelines, pipeline replacements or relocations at numerous locations along the FM 455 where utility conflicts with the proposed TxDOT improvements. Since then, numerous additional “required” utility relocations were discovered necessary to facilitate the FM 455 design and construction. Additionally, several “betterment” water pipelines may be needed to provide for improved operational efficiency and resilience, to foster proposed new development within the city limits, and comply with the City’s Water Master Plan documents. The proposed Water Betterment improvements will be designed and bid as additive alternate bids, with the City’s discretion for accepting the additive alternatives if deemed acceptable and desirable by the City. Addendum 1 to this agreement shall provide for additional scope of work for the increased required water and wastewater utilities as well as the betterment water utilities. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A Page 40 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 11.AGENDA MEETING DATE: May 4, 2020TO: Alina Ciocan, City ManagerFROM: Tracy LaPiene, City EngineerITEM/CAPTION:FM 455 Utility Relocation Dannenbaum PSA Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute Amendment 1 to theEngineering Contract with Dannenbaum Engineering Company, Dallas, LLC for FM 455 Water and WastewaterUtilities Relocations.AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:On 12/03/2018, the City had executed a contract with Dannenbaum Engineering Company, Dallas, LLC forEngineering services associated with FM 455 Water and Wastewater Utility Relocations necessary due to the TXDOTFM 455 project.The Original Contract project description consisted of approximately 12,000 LF of new water and sewer pipelines,pipeline replacements or relocations at numerous locations along the FM 455 where utility conflicts with the proposedTxDOT improvements. Since then, numerous additional “required” utility relocations were discovered necessary tofacilitate the FM 455 design and construction.Additionally, several “betterment” water pipelines may be needed to provide for improved operational efficiency andresilience, to foster proposed new development within the city limits, and comply with the City’s Water Master Plandocuments. The proposed Water Betterment improvements will be designed and bid as additive alternate bids, withthe City’s discretion for accepting the additive alternatives if deemed acceptable and desirable by the City.Addendum 1 to this agreement shall provide for additional scope of work for the increased required water andwastewater utilities as well as the betterment water utilities.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A Body of agreement remains the same. Addendum modifies Scope of Work. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: Increase of $88,070.00 FUNDS: This project shall be funded through the Enterprise Fund. STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval. ATTACHMENTS: Description Upload Date Type FM455 Util Reloc Dannenbaum PSA Amend 1 4/27/2020 Exhibit Page 41 DEC # 514301 ADDENDUM No. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES (City of Sanger, DEC Project # 514301) This Addendum to the AGREEMENT FOR ENGINEERING SERVICES (the “Agreement”) is for additional Professional Engineering Services for Construction Administration (the “Addendum”) is by and between the City of Sanger (the “Owner”) and Dannenbaum Engineering Company, Dallas LLC (“Engineer”), to be effective the ____th day of May, 2020. WHEREAS, the Owner and Engineer originally entered into an Agreement for Professional Engineering Services, dated December 3, 2018 (the “Agreement”) to perform certain professional design services required; and WHEREAS, the Owner and Engineer now desire to amend the original Agreement to support Construction Administrative Service during the construction of the Utility Relocation in Advance of the TxDOT FM 455 Improvement project as reflected herein. NOW, THEREFORE, the Owner and Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: 1. See Exhibit “C” for Additional Scope of Work – a. Additional design and bidding expenses for adding 11,772 LF of pipelines and related appurtenances to the original Scope of Services. The Basis of Payment shall be amended and made a part of the Agreement for all purposes. This additional cost include Sub consultant survey costs, printing costs and travel reimbursement of expense, not to exceed $88,070.00 Attest: Approved By City of Sanger _____________________________ _____________________________ Cheryl Price, City Secretary Thomas Muir Mayor Approved as to Form Approved By Dannenbaum Engineering Company, And Legality Dallas LLC ______________________________ ________________________ City Attorney Johan Petterson, PE Vice President Page 42 DEC # 514301 Basis of Payment – Lump Sum Basis based upon attached work breakdown schedule The lump sum shall be equal to the maximum amount payable and based on an approved work breakdown schedule and Level of Effort proposal. The lump sum includes all direct and indirect costs and fixed fee. The ENGINEER shall be paid pro rata based on the percentage of work completed and per the provided draw schedule (if applicable). For payment, the ENGINEER is not required to provide evidence of actual hours worked, travel, overhead rates or other evidence of cost. Attachments: Exhibit “C” Additional Scope of Work for the Utility Relocation in Advance of the TxDOT FM 455 Improvement Exhibit “D” Work Breakdown Schedule Page 43 DEC # 514301 Exhibit C Additional Scope of Work FM 455 Water and Sanitary Sewer Relocation Project Description: The Original Contract project description consisted of approximately 12,000 LF of new water and sewer pipelines, pipeline replacements or relocations at numerous locations along the FM 455 where utility conflicts with the proposed TxDOT improvements. Since then, the numerous additional required utility relocations were discovered to facilitate the FM 455 design and construction. Additionally, several betterment water pipelines were determined to be needed to foster proposed new development within the city limits and comply with the City’s Water Master Plan documents. The proposed Water Betterment improvements will be designed and bid as additive alternate bids, with the City’s discretion for accepting the additive alternatives if deemed acceptable and desirable by the City. The Original Scope of Work is amended to include:  Additional 6,609 LF of Required Water and Sanitary Sewer Relocations & Improvements -various locations and sizes of pipelines and related appurtenances.  Additional 3,963 LF of Betterment Water Improvements and related appurtenances  Additional 1,200 LF of Required Water Relocations along the IH 35 Bridge Corridor. The Original General Scope of Services phases and tasks description are to remain the same yet amended to include the added 11,772 LF (6,609 + 3,963 + 1,200) of pipelines. Page 44 Original Scope of Work= 12,000 LF = Assumed conflicts Current Scope of Work= 23,772 LF = Required + Betterment Scope Creep = ∆ of original to current = 11,772 LF Scope Creep = 98.1% increase from original scope Added scope for IH 35 Bridge - 1,200LF of 11,772 LF creep =10.2%City of Sanger FM 455 Water and Sanitary Sewer Relocation Task No. Task Name Principal In Charge Principal QAQC Project Manager Project Engineer CADD Technician Admin. Asst. Total for Task Subs/ODC Subs/ODC +10% 3.1 Design Field Survey 2 2 3.2 Design Data 2 8 1 3.3 Special Design Structures 1 16 1 3.4 Final P&S (90%) 12 124 3.4.1 Preliminary Traffic Control Plan 3 12 16 3.0 Total 0 0 20 12 166 2 24,760.00$ 24,760$ 4 Phase 4 Design 4.1 Final Design Plans and Specs (100%)20 16 4.2 Detailed OPCC 4 2 1 4.3 Pavement design 2 4 4.3.1 Traffic Control Plan / TxDOT UIR Permit 16 8 4.3.2 Construction Phasing Plans 2 4 6 4.4 Cover sheet and final walk thru 4 1 8 1 4.0 Total 0 0 30 23 44 2 14,290.00$ 14,290$ 5 Phase 5 5.1 Final Approval of Plans and Specs 2 4 8 1 6 5.2 Bidding Assistance 4 8 8 5.3 Prebid Conference 4 8 2 5.4 Recommendation of award/ City Council 1 4 8 4 TxDOT Utility Reimbursement Coordination 5.5 TxDOT Utility Coordination 24 16 2 5.6 Identify Eligible / Non-Eligible Utilities 2 16 48 5.7 TxDOT Utility Exhibits 2 16 32 5.8 TxDOT Utility Affadavits 6 8 4 4 5.9 TxDOT / City of Sanger Coordination 12 12 5.9.1 TxDOT Reimbursment Agreement 24 16 12 4 5.0 Total 1 2 86 116 97 30 48,360.00$ 48,360$ TOTAL of HOURS 1 2 136 151 307 34 Hourly Rate 305 305 180 160 115 75 SUMMARY ENGINEERING DESIGN FEE $305 $610 $24,480 $24,160 $35,305 $2,550 87,410.00$ 87,410$ Geotechnical (ECS Southwest, LLP) -$ SUE (The Rios Group) -$ Survey and Esmt Prep. (Spooner & Assoc) -$ Printing Costs $300 330$ Travel and Reimbursable Expenses $300 330$ Total for Subs and ODC 660$ 88,070$ 8,983$ Draft Fee Proposal and Work Breakdown Detail Total Added Scope of Work Added IH 35 Bridge at 10.2% Additional Scope of Work Page 45 Original Scope of Work= 12,000 LF Original IH 35 Bridge Portion = 685 LF or 5.7% of Original Scope of Work Added Scope on Frontage Rd of 1,200 LF of 12" water was not part of original scope.City of Sanger FM 455 Water and Sanitary Sewer Relocation Task No. Task Name Principal In Charge Principal QAQC Project Manager Project Engineer Senior Structural Engineer CADD Technicia n Admin. Asst.GIS Total for Task Subs/ODC Subs/ODC +10% 1 GENERAL- Phase 1 1.1 Preliminary Conference & Data Gathering 1 1 1 18.00$ 1.2 Coordination with Outside Agencies 1 4 8 2 200.00$ 1.3 Geotechnical Investigations 1 2 34.00$ 1.4 Field Survey 2 4 8 324.00$ 1.5 Land Rights Assistance 2 4 4 196.00$ 1.6 Project Mgmt & Permits 1 8 8 4 8 2 272.00$ 1.7 QA/QC 2 2 4 1 2 1 132.00$ 1.8 Plan Submital 1 2 4 8 8 324.00$ 1.9 Meetings 1 2 4 1 4 196.00$ 1.0 Total 4 2 24 39 2 32 17 3 1,696.00$ 2 Phase 2 Design 2.1 ROW, Easement and Land Acquisition 4 1 4 2 1 152.00$ 2.2 Utility Coordination/ SUE 4 1 4 152.00$ 2.3 Conceptual Plans (30%) 2 40 40 8 128 1 1 4,816.00$ 2.0 Total 0 2 48 42 8 136 3 2 5,120.00$ 3 Phase 3 Design 3.1 Design Field Survey 2 4 2 132.00$ 3.2 Design Data 2 4 2 8 1 2 324.00$ 3.3 Special Design Structures 1 4 8 16 1 578.00$ 3.4 Final P&S (90%) 1 24 24 120 4,272.00$ -$ 3.4.1 Preliminary Traffic Control Plan 3 12 16 1 710.00$ 3.0 Total 1 0 32 48 10 162 2 3 6,016.00$ 4 Phase 4 Design 4.1 Final Design Plans and Specs (100%)12 48 4 96 4 2 3,864.00$ 4.2 Detailed OPCC 1 2 4 2 2 1 132.00$ 4.3 Pavement design 1 2 4 162.00$ 4.3.1 Traffic Control Plan / TxDOT UIR Permit 4 16 32 1,288.00$ 4.3.2 Construction Phasing Plans 8 8 16 656.00$ 4.4 Cover sheet and final walk thru 1 2 8 8 1 388.00$ 4.0 Total 2 0 29 86 6 158 6 2 6,490.00$ 5 Phase 5 5.1 Final Approval of Plans and Specs 1 2 4 8 1 6 168.00$ 5.2 Bidding Assistance 4 8 1 8 2 136.00$ 5.3 Prebid Conference 1 4 8 2 136.00$ 5.4 Recommendation of award 1 1 4 8 4 136.00$ TxDOT Utility Reimbursement Coordination 5.5 TxDOT Utility Coordination 24 16 2 304.00$ 5.6 Identify Eligible / Non-Eligible Utilities 2 16 48 1,796.00$ 5.7 TxDOT Utility Exhibits 2 16 32 1,284.00$ 5.8 TxDOT Utility Affadavits 6 8 4 4 268.00$ 5.9 TxDOT / City of Sanger Coordination 12 12 216.00$ 5.9.1 TxDOT Reimbursment Agreement 24 16 12 4 688.00$ 5.0 Total 3 3 86 116 1 97 30 2 5,132.00$ TOTAL of HOURS 10 7 219 331 27 585 58 12 1,249 Hourly Rate 305 305 180 160 155 115 75 110 SUMMARY ENGINEERING DESIGN FEE $3,050 $2,135 $39,420 $52,960 $4,185 $67,275 $4,350 $1,320 174,695.00$ Geotechnical (ECS Southwest, LLP) $15,320 16,852$ SUE (The Rios Group) $25,000 27,500$ Survey and Esmt Prep. (Spooner & Assoc) $10,000 11,000$ Printing Costs $300 330$ Travel and Reimbursable Expenses $300 330$ Total for Subs and ODC 56,012$ Grand Total Original Fee 230,707$ IH 35 Share of Original Cost@ 5.7% 13,150$ 8,983$ 22,133$ Total Cost of Design for IH 35 Draft Fee Proposal and Work Breakdown Detail IH 35 of scope creep Page 46 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 12. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Tracy LaPiene, City Engineer ITEM/CAPTION: PSA Plummer Stream Restoration Phase 1 Amendment 1 Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute an Amendment to the Engineering Contract with Plummer Associates, Inc. for Stream Restoration for Wastewater Treatment Plant. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: On 9/16/2019, the City Council had approved a Professional Services Contract with Plummer Associates, Inc. for Stream Restoration for the Wastewater Treatment Plant. This contract was for Phase 1 Preliminary Planning of the project, work associated with restoring the receiving stream below the wastewater treatment facility to conditions that eliminate Paddock Lake and stream restoration. Amendment 1 to this contract is to provide additional scope of work to this phase of the project for Plummer to prepare a Preliminary Jurisdictional Determination (PJD) for the stream restoration project as well as a Threatened and Endangered Species (T&E) review and to submit these documents to the U.S. Army Corps of Engineers (USACE) for review and approval. The PJD and T&E would be required documentation for the Section 404 permit application and would be used in part to determine whether the project would be authorized under a Nationwide Permit or as an Individual Permit. Furthermore, it would be beneficial for the USACE to have the PJD to review prior to the site visit later this summer. Compensation for Basic Services has been adjusted to provide the additional scope within the original contract compensation limits. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: Page 47 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 12.AGENDA MEETING DATE: May 4, 2020TO: Alina Ciocan, City ManagerFROM: Tracy LaPiene, City EngineerITEM/CAPTION:PSA Plummer Stream Restoration Phase 1 Amendment 1Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute an Amendment to theEngineering Contract with Plummer Associates, Inc. for Stream Restoration for Wastewater Treatment Plant.AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:On 9/16/2019, the City Council had approved a Professional Services Contract with Plummer Associates, Inc. forStream Restoration for the Wastewater Treatment Plant. This contract was for Phase 1 Preliminary Planning of theproject, work associated with restoring the receiving stream below the wastewater treatment facility to conditions thateliminate Paddock Lake and stream restoration.Amendment 1 to this contract is to provide additional scope of work to this phase of the project for Plummer toprepare a Preliminary Jurisdictional Determination (PJD) for the stream restoration project as well as a Threatened andEndangered Species (T&E) review and to submit these documents to the U.S. Army Corps of Engineers (USACE) forreview and approval. The PJD and T&E would be required documentation for the Section 404 permit application andwould be used in part to determine whether the project would be authorized under a Nationwide Permit or as anIndividual Permit. Furthermore, it would be beneficial for the USACE to have the PJD to review prior to the site visitlater this summer.Compensation for Basic Services has been adjusted to provide the additional scope within the original contractcompensation limits.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: No change to contract amount. FUNDS: This project shall be funded through the Enterprise Fund. STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval. ATTACHMENTS: Description Upload Date Type PSA Plummer Stream Restoration Amendment 1 4/27/2020 Exhibit PSA Plummer Stream Rest Phase 1 09272020 4/27/2020 Backup Material Page 48 Page 1 of 2 AMENDMENT NO. 1 TO CITY OF SANGER STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This Amendment modifies the Agreement dated September 27, 2019 between The City of Sanger (“Owner”) and Plummer Associates, Inc., (“Engineer” or “Plummer”) for a Project generally described as Sanger Stream Restoration Design – Phase 1. This Amendment does not take effect until signed by both parties. The revisions to the Agreement are limited to those specified below. All other provisions of the contract remain in effect. Exhibit A, Scope of Services, Basic Services – Phase 1 Preliminary Planning Add the following task: “1.4-A. Environmental Documentation Plummer will prepare a Preliminary Jurisdictional Determination (PJD) of aquatic resources within the proposed Project Area. To prepare for the PJD, Plummer will obtain background data including floodplain maps, National Wetland Inventory maps, U.S. Geological Survey maps, current and historical aerial photographs, soil data maps, and other readily available data. After review of the background data, Plummer will conduct an on-site investigation to visually assess the proposed Project Area and to delineate the limits of aquatic resources, including wetlands, within the Project Area. Plummer will prepare a report documenting the PJD in conformance with the 1987 USACE Wetland Delineation Manual and the Regional Supplement to the manual for the Great Plains Region. Plummer will also obtain background data in regard to protected species including delineating the Project Area in the USFWS Information, Planning, and Conservation (IPAC) System, and review of the Texas Parks and Wildlife Department Threatened and Endangered (T&E) Species list for Denton County. During the on-site investigation to delineate the limits of aquatic resources on the site, Plummer will also conduct an on-site survey of the proposed Project Area for potential presence of threatened or endangered species and/or critical habitat for species listed for Denton County. Plummer will then prepare a letter report documenting the findings of the investigation for threatened or endangered species and/or designated critical habitat. The PJD report and T&E letter report will be submitted to the Owner. These reports will be required documentation to support the Section 404 permit application and will be made available to the USACE in advance of any agency site visit to the Project Area.” Page 49 Page 2 of 2 Exhibit B, Compensation, 1. Basic Services of Engineer Original contract language to be revised as indicated below: Owner shall pay Engineer for Basic Services of Engineer rendered for “Scope of Services” as provided in this Agreement. Fees shall be paid per Article 7 of the General Terms and Conditions. Compensation will be paid on a Cost Reimbursable (“time and materials”) basis based on the following revised budget: Description Budget Amount Budget Amount I. Meet with the TCEQ $ 10,335 $ 7,738 II. Meet with Stakeholders $ 10,275 $ 3,328 III. Develop Conceptual Design Plans $ 23,465 $ 14,600 IV. Pre-Application Meeting with USACE $ 10,775 $ 12,504 IV-A. Environmental Documentation $ $ 15,000 V. Meet with City and Council to Confirm Path Forward $ 8,805 $ 4,000 VI. Administrative/QC Tasks $ 8,375 $ 13,600 VII. Subconsultant $ 17,020 $ 17,790 VIII. Reimbursable Expenses $ 1,610 $ 2,100 TOTAL NOT TO EXCEED AMOUNT $ 90,660 $ 90,660 In TESTIMONY HEREOF, the parties have executed Amendment No. 1 to the September 27, 2019 Standard Agreement for Engineering Services, this ______ day of April 2020. For the Owner By: _______________________________ ________________________ Thomas E Muir, Mayor Date For Plummer Associates, Inc. By: ____________________________ ________________________ Timothy J. Noack, P.E. Date Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 13. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Clayton Gray, Finance Director ITEM/CAPTION: Ordinance #041320 Budget Amendment FY 20192020 Consider, Discuss and Act on Ordinance #041320 – Amending Ordinance #092519, Which Will Amend the Budget for the 20192020 Fiscal Year and Authorizing Amended Expenditures as Provided; Providing for the Repeal of all Ordinances in Conflict; Providing for a Severability Clause; and Providing for an Effective Date. AGENDA TYPE: Regular ACTION REQUESTED: Approval, Ordinance BACKGROUND: This amendment provides for $310,000 in expenditures related to the Acker and Cowling water storage facilities. These expenditures will be paid from the 2017 Certificates of Obligation. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: Enterprise Capital Projects Fund Increases Expenditures by $310,000 FUNDS: Enterprise Capital Projects Fund STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval. Page 62 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 13.AGENDA MEETING DATE: May 4, 2020TO: Alina Ciocan, City ManagerFROM: Clayton Gray, Finance DirectorITEM/CAPTION:Ordinance #041320 Budget Amendment FY 20192020Consider, Discuss and Act on Ordinance #041320 – Amending Ordinance #092519, Which Will Amend theBudget for the 20192020 Fiscal Year and Authorizing Amended Expenditures as Provided; Providing for the Repealof all Ordinances in Conflict; Providing for a Severability Clause; and Providing for an Effective Date. AGENDA TYPE: RegularACTION REQUESTED: Approval, Ordinance BACKGROUND:This amendment provides for $310,000 in expenditures related to the Acker and Cowling water storage facilities. Theseexpenditures will be paid from the 2017 Certificates of Obligation.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:Enterprise Capital Projects Fund Increases Expenditures by $310,000FUNDS:Enterprise Capital Projects FundSTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends approval. ATTACHMENTS: Description Upload Date Type Ordinance #041320 5/1/2020 Cover Memo Exhibit A 5/1/2020 Cover Memo Page 63 ORDINANCE #04-13-20 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, (BUDGET AMENDMENT 5) AMENDING ORDINANCE #09-25-19, WHICH WILL AMEND THE BUDGET FOR THE 2019-2020 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS PROVIDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the budget ordinance for the 2019-2020 Fiscal Year on September 16, 2019; and WHEREAS, this amendment was prepared and presented to the City Council and after consideration, it is the consensus of the City Council to amend the approved budget ordinance; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1: The annual budget for the 2019-2020 Fiscal Year is hereby amended to increase expenditures in the Enterprise Capital Projects Fund by $310,000.00 as shown in Exhibit “A”. Section 2: Expenditures during the 2019-2020 Fiscal Year shall be made in accordance with the amended budget approved herein, unless otherwise authorized by a duly enacted ordinance of the City and said budget document shall be on file for public inspection in the office of the City Secretary. Section 3: If any section, article, paragraph, sentence, clause, phrase or word in this ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance and the City Council hereby declares it would have passed such remaining portions of the ordinances despite such invalidity, which remaining portions shall remain in full force and effect. Section 4: This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Denton County, Texas, on this 4th day of May 2020. APPROVED: ____________________________________ Thomas E. Muir, Mayor ATTEST: _________________________________ Cheryl Price, City Secretary Page 64 MEMORANDUM To: Alina Ciocan, City Manager From: Clayton Gray, Finance Director Date: May 1, 2020 Re: Budget Amendment for Water Storage Facilities Jim Berman has presented Council with a $75,000 estimate for repairs to the Acker Street tank and a $235,000 estimate for repairs to the Cowling Road tank. The total of $310,000 will be paid from the 2017 Certificates of Obligation. The 2019-20 Annual Budget, therefore, should be amended to approve the additional $310,000. The Enterprise Capital Projects Fund budget should be amended as follows: Expenditure:840-50-6523 Acker G S T Rehab Project 75,000$ Expenditure:840-50-6533 Cowling G S T Rehab Project 235,000$ Total 310,000$ Enterprise Capital Projects Fund Page 65 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 14. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: James Berman, Public Works Director ITEM/CAPTION: Change Orders Water Storage Tank Repairs Consider, Discuss, and Possibly Act on Changer Orders for the Repairs on the Acker Street and Cowling Road Ground Storage Tanks, and Authorize the Mayor to Execute the Amendments to the Contracts. AGENDA TYPE: Regular ACTION REQUESTED: Approval BACKGROUND: During the process of renovating the Acker Street tank, we found that all of the interior beams were severely corroded at the point where they rest on the inner support plat, as well as where the beams are connected at the tank sidewall. During the process of renovating Cowling Road Tank much of the same conditions were found. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: Ordinance #041320 provided for funding in the amount of $310,000 for the Acker and Cowling water storage facilities. FUNDS: Enterprise Capital Projects Fund – Expenditures of $310,000 STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends approval of the Change Order for Acker Street Ground Storage Tank Repairs in the amount of $75,000. Staff also recommends approval of the Changer Order for the Cowling Road Ground Storage Tank. Staff would support Option #3 for $235,000 full replacement of the roof with a monolithic dome. Page 66 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 14.AGENDA MEETING DATE: May 4, 2020TO: Alina Ciocan, City ManagerFROM: James Berman, Public Works DirectorITEM/CAPTION:Change Orders Water Storage Tank RepairsConsider, Discuss, and Possibly Act on Changer Orders for the Repairs on the Acker Street and Cowling RoadGround Storage Tanks, and Authorize the Mayor to Execute the Amendments to the Contracts. AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:During the process of renovating the Acker Street tank, we found that all of the interior beams were severely corrodedat the point where they rest on the inner support plat, as well as where the beams are connected at the tank sidewall. During the process of renovating Cowling Road Tank much of the same conditions were found. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:Ordinance #041320 provided for funding in the amount of $310,000 for the Acker and Cowling water storagefacilities.FUNDS:Enterprise Capital Projects Fund – Expenditures of $310,000STAFF RECOMMENDATION/ACTION DESIRED:Staff recommends approval of the Change Order for Acker Street Ground Storage Tank Repairs in the amount of$75,000. Staff also recommends approval of the Changer Order for the Cowling Road Ground Storage Tank. Staffwould support Option #3 for $235,000 full replacement of the roof with a monolithic dome. ATTACHMENTS: Description Upload Date Type Acker Change Order 4/30/2020 Exhibit Cowling Option#2 Changer Order 4/30/2020 Exhibit Recommended Change orders 5/1/2020 Presentation Page 67 City of Sanger, TX Addendum #1, Full-Service Maintenance Plan, Acker St. 300,000 Gallon Ground Tank Roof Beam Replacement This addendum is to the above executed contract made and entered into on February 18, 2020 by and between the City of Sanger, TX hereinafter called the “Owner” and Maguire Iron, Inc., a South Dakota Corporation with its principal office located in Sioux Falls, South Dakota, hereinafter called the “Contractor” for and in consideration of the mutual covenants and promises hereina fter contained. WITNESSETH: Contractor agrees to make the additional improvements on the Owner’s water supply tank, and to furnish the necessary equipment, labor, material, as well as Workmen’s Compensation Insurance and Contractor’s Liability Insurance, and to do the work hereinafter stated in a good and workmanlike manner. Acker St. 300MG Ground Tank, 2020, Year One – Change Order for Additional Work: 1. Remove existing roof beams. 2. Replace all of the roof beams (24) with new, 6” C-channel beams of similar construction of the original beams. 3. Remove and replace the center plate with a similar size ring of rolled 6” C -channel. Install additional bracing from the rolled channel ring to the existing center post (similar to the current Cowling Rd. design). 4. Existing roof plates will be abrasive blasted per the original scope of work. Any holes caused by the SSPC-SP#10 blast would be plated over with full seam welds. 5. All interior surfaces will be coated per the original scope of work. 6. Per the existing Maintenance Program agreement, all permitting, engineering, and design costs are included in the price. The project will be “turn-key.” Total Sum of Additional Services $75,000.00 Payment of the additional sum of services will be invoiced with the existing Year One cost of contract services of $137,529. Execution of Addendum #1 will adjust the contract “Schedule A: Cost Schedule” to $212,529 for Year One. Contract Year 2 will be invoiced per the original Schedule A amount. Owner: City of Sanger, TX MAGUIRE IRON, INC. By _________________________________________________________ (Title) By _________________________________________________________ By Jack Powell 4/30/2020 (Title) (Authorized Agent) (Date) Date Accepted: _____________________________________ Upon acceptance, please provide two (2) signatures and date the agreement Page 68 City of Sanger, TX Addendum #1, Full-Service Maintenance Plan, Cowling Rd. 500,000 Gallon Ground Tank Full Roof Replacement This addendum is to the above executed contract made and entered into on February 18, 2020 by and between the City of Sanger, TX hereinafter called the “Owner” and Maguire Iron, Inc., a South Dakota Corporation with its principal office located in Sioux Falls, South Dakota, hereinafter called the “Contractor” for and in consideration of the mutual covenants and promises hereina fter contained. WITNESSETH: Contractor agrees to make the additional improvements on the Owner’s water supply tank, and to furnish the necessary equipment, labor, material, as well as Workmen’s Compensation Insurance and Contractor’s Liability Insurance, and to do the work hereinafter stated in a good and workmanlike manner. Cowling Rd. 500MG Ground Tank, 2020, Year One – Change Order for Additional Work: 1. Remove existing roof structure (plates, beams, posts, support rings, etc.). 2. Remove approximately 6” of current tank sidewall. 3. Install rolled angle iron around the circumference of the top of the tank sidewall. 4. Replace above with self-supporting dome roof. 5. New roof plates and appurtenances will be shop coated with zinc. Interior surfaces will receive 2 coats of an industrial grade epoxy coating. Exterior surfaces will be coated with an intermediate coat of an industrial grade epoxy coating and a finish coat of industrial grade acrylic as part of the finish coat for the entire tank. All coatings will be applied per the manufacturer’s specifications. 6. Per the existing Maintenance Program agreement, all permitting, engineering, and design costs are included in the price. The project will be “turn-key.” Total Sum of Additional Services $235,000.00 Payment of the additional sum of services will be invoiced with the existing Year One cost of contract services of $171,224. Execution of Addendum #1 will adjust the contract “Schedule A: Cost Schedule” to $406,224 for Year One. Contract Year 2 will be invoiced per the original Schedule A amount. Owner: City of Sanger, TX MAGUIRE IRON, INC. By _________________________________________________________ (Title) By _________________________________________________________ By Jack Powell 4/30/2020 (Title) (Authorized Agent) (Date) Date Accepted: _____________________________________ Upon acceptance, please provide two (2) signatures and date the agreement Page 69 March 20, 2020 City of Sanger, Texas c/o James Berman 502 Elm Street Sanger, TX 76266 Mr. Berman: Per your request I have created a report outlining the current condition of the Acker St. 300,000 gallon, the Cowling Rd. 500,000 gallon, and the Well #6 200,000 water storage tanks. I have also included an explanation about exposing latent defects in the structure of a tank during the renovation process (see page 2). Prior to submitting the response to the City’s RFQ, I indicated that we may find structural problems with the beams and roof plates on the Acker St. and Cowling Rd. tanks. During the process of renovating the Acker St. tank, we found that all of the interior beams were severely corroded at the point where they rest on the inner support plate, as well as where the beams are connected at the tank sidewall. The level of corrosion on the tank made it unsafe for rigging. We re- inspected the Cowling Rd. Tank to assess the condition of the interior roof structure, as well as the Well #6 tank to provide a comprehensive list of any potential change order items. Enclosed are the findings from the inspections, as well as recommendations and pricing for fixing the structural problems. All of the pricing is turnkey, and includes all soft-costs such and engineering, permitting, etc. If you have any questions, please do not hesitate to contact me. Again, we appreciate this opportunity and look forward to maintaining the City’s tanks for many years to come. Best regards, Jack Powell Sales Manager – South Texas, Louisiana, Mississippi, Arkansas, Oklahoma, and E. Missouri-Illinois powellj@maguireiron.com 337-936-6012 Page 70 Visual Inspections, Latent Defects, and Change Orders Visual water tank inspections are completed when the tank in online and still providing water service to the city. This is a common type of inspection because it is the least invasive and least stressful, and it can be completed at no cost to the city. The inspector is able to assess the coatings, condition of the appurtenances, and most of the structural components of the tank. That information is used to create the initial scope of work for the required repairs and coatings for each tank, which Jeff Leubner provided in his reports and proposal for the city. When we use a visual inspection to create pricing and a Maintenance Plan with upfront renovations and repairs, we always include language in the contract regarding “latent defects.” These are deficiencies in the tank which could not readily be seen through the visual inspection. Many times, these defects are only discovered after the abrasive blast is completed. We have seen many situations where past structural damage is painted over and only visible after the coating is removed. It is possible to discover some of these deficiencies through more thorough inspections, but they are extremely costly and require the tank to be rigged/scaffolded and removed from service for multiple days. Inspections like these can cost over $25,000. In the end, the city spends a significant amount of money to only discover the problem, without doing anything to solve it. As we have shown you through pictures, we discovered issues with the Acker St. 300,000 gallon tank after removing the vent structure and completing the abrasive blast adjacent to the vent, inner support post, and post support plate. We discovered that the beams and support plate were completely deteriorated and would require replacement. The only way to uncover this issue was to complete significant work to the tank, such as the above mentioned. We discovered a much smaller problem on the Well #6 tower when we abrasive blasted an area near an expansion joint on the tank’s fill pipe. Again, the only way to discover the issue was through aggressive measures. As you can see, there are challenges when creating the initial specification for renovating tanks. When we run into a situation such as Sanger, we have two options: first, specify repairs that might need to made, which significantly drives up the cost and may not be required; or second, address the repairs that we can see, and address additional problems as they arise. The second option allows us to provide the most cost-effective solution, as we are not inflating our costs for unnecessary repairs. Per your request we are currently working on potential solutions for roof issues if they arise on the 500,000 gallon Cowling Rd. Tank, as they did with the Acker St. Tank, so that the council can have the information beforehand. I will provide costs for both roof repair and complete replacement. I understand that change orders for construction projects are challenging for cities. We try to avoid them, or at least make the customer aware that there may be potential change orders, as I did before submitting the response to the RFQ. We appreciate you working with us to provide the best solutions for the city. We can also look forward to thoroughly maintaining the tanks in the future on the Maintenance Plan, so that the city will not be facing the same challenges that we are dealing with now. Page 71 300,000 Gallon Acker St. Tank Pictures exterior roof vent throat pipe looking into tank interior close up from above, interior beams and plate – complete delamination of the steel Page 72 Interior Plate from above after rust removed interior ladder and beam at sidewall – beam delaminated at sidewall Page 73 interior beams and inner plate (hole circled) view from inside interior beams – example of beam starting to twist and fall due to corrosion Page 74 Acker St. Tank Inspection Notes, Recommendations, and Cost of Repair Notes: 1. The roof beams exhibit aggressive corrosion and delamination of the steel throughout the length of the beams; the beam ends (at the sidewall and at the center plate/post) are severely corroded and lack structural integrity. Some beams have started to twist and droop. 2. The center plate (upon which the beams rest) at the top of the center post is severely corroded and has deep pitting, as well as holes in the plate steel. 3. The roof plates exhibit corrosion in the lapped seams, or where plates overlap each other. Recommendations: Roof Beam Replacement • Remove and replace all of the roof beams (24) with new, 6” C-channel beams of similar construction of the original beams. Replacing only sections of the beams would be as costly as full replacement. • Remove and replace the center plate with a similar size ring of rolled 6” C-channel. Install additional bracing from the rolled channel ring to the existing center post (similar to Cowling Rd. design). • Keep the current roof plates and abrasive blast per the original scope of work. Any holes caused by the SSPC-SP#10 blast would be plated over with full seam welds. Cost to complete the above work: $75,000.00 Page 75 500,000 Gallon Cowling Rd. Tank Pictures exterior roof vent throat pipe looking into tank interior interior view from above, interior beams and plate – aggressive corrosion of the steel Page 76 Interior beams and roof plates additional picture of beams and roof plates Page 77 interior beams at tank sidewall interior beams, roof plates, center post, center rolled channel support ring with bracing Page 78 Cowling Rd. Tank Inspection Notes, Recommendations, and Cost of Repair Notes: 1. The roof beams exhibit aggressive corrosion and delamination of the steel throughout the length of the beams; the beam ends (at the sidewall) are severely corroded . 2. The center ring (upon which the beams rest) at the top of the center post is severely corroded and has deep pitting, but should clean-up after the abrasive blast. 3. The roof plates exhibit aggressive corrosion and delamination in the lapped seams, or where plates overlap each other; lapped steel is peeling away from the lapped plate. The plates exhibit aggressive corrosion over a majority of the plate surface. Recommendations (3 options): 1. Proceed as planned with renovation; assess structure post-abrasive blast. Provide minor steel repair and/or replacement as needed. Cost to complete the above work: $575/hour + materials 2. Remove and replace all of the roof beams (30) with new, 6” C-channel beams of similar construction of the original beams. Replacing only sections of the beams would be as costly as full replacement. o Keep the current roof plates and abrasive blast per the original scope of work. Any holes caused by the SSPC-SP#10 blast would be plated over with full seam welds. Cost to complete the above work: $125,000.00 3. Remove and replace the entire roof structure and plates if current steel condition is beyond repair. o The city has two installation options: ▪ Install a roof of similar construction to the current design. ▪ Install a self-supporting dome roof. • Roof would require no beams, posts, or additional bracing on the tank interior or exterior, leaving a smooth surface on the tank interior. This would increase the life of the tank roof over the interior beam option. Cost to complete the above work: $235,000.00 for either option Page 79 200,000 Gallon Well #6 Tank Pictures pipe and baffle-expansion joint pipe and corrosion Page 80 Well #6 Pedisphere Tank Inspection Notes, Recommendations, and Cost of Repair Notes: 1. The inlet and outlet pipes exhibit areas of localized corrosion. Corrosion may be coming from the inside to outside of pipe. It appears that the expansion joint does not require replacement. Recommendations: • Pipe does require welding repair; expansion joint will be further assessed at time of repair (approximately 4-20-2020). Cost to complete the above work: No additional cost unless expansion joint requires replacement Page 81 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 15. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Shani Bradshaw, Director of Economic Development ITEM/CAPTION: Resolution No. 111619 Bylaws 4B Corporation Consider, Discuss and Act on Resolution No. 111619 Approving Amended Bylaws of the Sanger Texas Development Corporation, Also Known as the Sanger Texas 4B Corporation and the Sanger Texas Type B Development Corporation. AGENDA TYPE: Regular ACTION REQUESTED: Approval, Resolution BACKGROUND: While some changes to the 4B Bylaws are minor in nature, others were inserted to address titles, terms, and other duties and responsibilities of the Board of Directors. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: The amendments have been reviewed and revised by the city's legal counsel. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: NA FUNDS: NA STAFF RECOMMENDATION/ACTION DESIRED: Staff recommends passing resolution #111619 to amend the Sanger Industrial Development Corporation Bylaws. ATTACHMENTS: Description Upload Date Type Page 82 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 15.AGENDA MEETING DATE: May 4, 2020TO: Alina Ciocan, City ManagerFROM: Shani Bradshaw, Director of Economic DevelopmentITEM/CAPTION:Resolution No. 111619 Bylaws 4B CorporationConsider, Discuss and Act on Resolution No. 111619 Approving Amended Bylaws of the Sanger TexasDevelopment Corporation, Also Known as the Sanger Texas 4B Corporation and the Sanger Texas Type BDevelopment Corporation.AGENDA TYPE: RegularACTION REQUESTED: Approval, Resolution BACKGROUND:While some changes to the 4B Bylaws are minor in nature, others were inserted to address titles, terms, and otherduties and responsibilities of the Board of Directors. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:The amendments have been reviewed and revised by the city's legal counsel. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:NAFUNDS:NASTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends passing resolution #111619 to amend the Sanger Industrial Development Corporation Bylaws. ATTACHMENTS: Description Upload Date Type Resolution No. 111619 Amending 4B Bylaws 5/1/2020 Cover Memo 4B Amended Bylaws Clean Version 4/30/2020 Cover Memo 4B Amended Bylaws Redline Version 4/30/2020 Cover Memo Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Sanger Texas Development Corporation Page 1 of 11 BYLAWS OF THE SANGER TEXAS DEVELOPMENT CORPORATION A NON-PROFIT CORPORATION SANGER, TEXAS ARTICLE I OFFICERS Section 1.01 Registered Office and Registered Agent The Sanger Texas Development Corporation (“the Corporation”) shall have and continuously maintain in the State of Texas a registered office, and a registered agent whose office is identical with such registered office, as required by the Texas Development Corporation Act of 1979, as amended (“the Act”). The Board of Directors (“the Board”) may, from time to time, change the registered agent and/or the address of the registered office, provided that proper notification of such change is given to the Office of the Secretary of State of Texas. The registered office of the Corporation is located at 201 Bolivar Street, Sanger, Texas 76266 and its mailing address is P.O. Box 1729, Sanger, Texas 76266. Section 1.02 Principal Office The principal office of the Corporation in the State of Texas shall be in the City of Sanger, County of Denton, and it may be, but need not be, identical with the registered office of the Corporation. ARTICLE II PURPOSES Section 2.01 Purposes The Corporation is incorporated for the purposes set forth in its Articles of Incorporation, the same to be accomplished on behalf of the City of Sanger, Texas as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, Article 5190.6, Vernon’s Ann. Civ. St., as amended, and other applicable laws, and organized under Section 4B of the Act. The purposes of the Corporation is to promote, assist, and enhance economic development in accordance with the Act. Any project, as defined by such Act, which shall be undertaken by the Corporation, may include the maintenance and operating costs of such project. ARTICLE III MEMBERS Section 3.01 Members The Corporation shall have no members or issue any stock. Page 97 Sanger Texas Development Corporation Page 2 of 11 ARTICLE IV BOARD OF DIRECTORS Section 4.01 Board of Directors The business and affairs of the Corporation and all corporate powers shall be exercised by or under authority of the Board appointed by the governing body of the City of Sanger, and subject to applicable limitations imposed by the Act, the Articles of Incorporation, and these Bylaws. The Board may, by contract, resolution, or otherwise, give general or limited or special power and authority to the officers and employees of the Corporation to transact the general business of any special business of the Corporation, and may give powers of attorney to agents of the corporation to transact any special business requiring such authorization. Section 4.02 Number and Qualifications The authorized number of Directors of this Board shall be seven (7). The City Council shall appoint the Directors of the Corporation. At least three of these directors shall be persons who are not employees, officers, or members of the governing body of the City of Sanger. Each director must be a resident of Sanger, Texas. Section 4.03 Term of Office Each member of the Board shall serve at the pleasure of the Council for a term of two (2) years, with the right to be reappointed. The terms are to be staggered. Places 1, 3, 5, and 7 shall be appointed in odd-numbered years, and Places 2, 4 and 6 shall be appointed in even-numbered years. Terms shall begin on July 1 of each year. A Director may be removed from this office by City Council at will without cause. A vacancy of a Director’s position which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by the City Council for the remainder of the term. Section 4.04 Vacancies Any vacancy occurring shall be filled by appointment by the vote of a quorum present of the City Council of the City of Sanger, Texas. Section 4.05 Meetings Regular meetings of the Board shall be held monthly, at such place or places and at such time or times, from time to time, as may be designated by the Board of Directors and communicated to all Directors by written notice. Notice of all meetings of the Board shall be provided as set forth in Chapter 551, Texas Government Code, the “Texas Open Meetings Act”. Any member of the Board may request that an item be placed on the agenda by delivering the request in writing to the Secretary of the Board no later than three (3) days (72 hours) prior to the date and time of the Board meeting. The President of the Board shall set special meeting dates and times. Page 98 Sanger Texas Development Corporation Page 3 of 11 Section 4.06 Quorum For the purposes of convening a meeting, a simple majority of the appointed Directors then serving on the Board shall constitute a quorum. If there is an insufficient number of Directors present to convene the meeting, the presiding officer shall adjourn the meeting. Section 4.07 Compensation The duly appointed members of the Board shall serve without compensation but shall be reimbursed for actual or commensurate cost of travel, lodging and incidental expenses while on official business of the Board in accordance with State Law. Section 4.08 Voting: Action of the Board of Directors Directors must be present in order to vote at any meeting, unless otherwise provided in these Bylaws or in the Articles of Incorporation or as required by law. The act of a majority of the Directors present at any meeting for which a quorum is present shall be the act of the Board of Directors. If a Director is aware of a conflict of interest or potential conflict of interest, about to any particular vote, the Director shall bring the same to the attention of the meeting and shall abstain from the vote or further participation in the matter. Any conflict of interest shall be determined according to the standards of Chapter 171, Texas Local Government Code, as amended. In the event Chapter 171 of the Local Government Code shall apply, the Director shall disclose the relationship as required by Section 171.004 of the Local Government Code and shall abstain from further participation. Section 4.09 Board’s Relationship with City Council In accordance with State law, the City Council shall require the Corporation to be responsible to it for the proper discharge of its duties assigned in this article. All policies and actions for program administration shall be submitted for Council approval, and the Board shall administer said programs accordingly. ARTICLE V OFFICERS Section 5.01. Titles and Term of Office The President and Vice President of the Corporation shall be elected by the Board and shall serve terms of one (1) year. On the expiration of the term of office of the President and Vice President of the Corporation, the Board shall select from among its members to hold such office. The term of the office of the President and Vice President shall always be for a period of one year; provided, however, that the President and Vice President of the Corporation continue to serve until the election of his or her successor is duly elected and qualified or until his or her death, resignation, retirement, disqualification or removal from office. There shall be no limitation on the number of consecutive years that a person may serve in the same office. Page 99 Sanger Texas Development Corporation Page 4 of 11 Section 5.02 Powers and Duties of the President The President shall be the chief executive officer of the Corporation, and shall, subject to the authority of the Board and paramount authority and approval from the City Council, preside at all the meetings of the Board, and absent designation by a majority of the Board, shall sign and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, and notes in the name of the Corporation. In addition, the president shall: A. preside over all meetings of the Board. B. have the right to vote on all matters coming before the Board. C. have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required, subject to provisions of the Texas Open Meeting Act. D. have the authority to appoint standing committees to aid and assist the Board in its business undertakings or other matters incidental to the operation and functions of the Board. E. have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary effect on the business of the Board. F. appear before the City Council, or be represented by his or her designee, regarding any items being considered by the City Council concerning the Corporation. Section 5.03 Vice President In the absence of the President or in the event of his/her inability to act, the Vice President shall perform the duties of the President. When so acting, the Vice President shall have the power of and be subject to all the same restrictions as the President. The Vice President shall also perform other duties as from time to time may be assigned to him/her by the President. Section 5.04 Contracts for Services The Corporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. This shall include the right to contract for promotional purposes as may be defined by the Act, subject to any limitations contained in the Act. ARTICLE VI FUNCTIONAL CORPORATION DUTIES AND REQUIREMENTS Section 6.01 Director of Economic Development The director of economic development shall be the chief administrative officer of the Corporation and be in general charge of the properties and affairs of the Corporation, shall administer all work orders, requisitions for payment, purchase orders, contract execution, administration/oversight, and other instruments or activities as prescribed by the Board in the name of the Corporation. The director of economic development shall be an employee of the City. Page 100 Sanger Texas Development Corporation Page 5 of 11 Section 6.02 Director of Finance The director of finance shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation. When necessary or proper, the director of finance shall endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations drawn upon such bank or banks or depositories as shall be designated by the City Council as consistent with these Bylaws. The director of finance shall see to the entry in the books of the Corporation of full and accurate accounts of all monies received and paid out on account of the Corporation. The director of finance shall, at the expense of the Corporation, give such bond for the faithful discharge of the duties in such form and amount as the City Council shall require, by resolution. The director of finance shall be an employee of the City. The director of finance shall submit a monthly report, to the Board, insufficient detail, of all checks or drafts issued on behalf of the corporation for the previous month. The director of finance shall provide a monthly financial report to the City Council concerning activities of the Corporation in a format consistent with other financial reports of the City. Section 6.03 Secretary The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, shall sign with the president in the name of the corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the corporation, shall have charge of the Corporation books, records, documents and instruments except the books of the accounts and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. The secretary shall endorse and countersign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank or banks or depositories as shall be designated by the City Council consistent with these Bylaws. The secretary shall be an employee of the City. Section 6.04 Participation in Board Meetings The director of economic development, secretary, director of finance, Mayor and City Manager (or their respective designees), shall have the right to take part in any discussion of the Board, including attendance in executive sessions, but shall not have the power to vote in any meetings attended. Section 6.05 Fiscal Year The fiscal year of the Corporation shall begin on October 1 and end September 30 of the following year. Section 6.06 Budget A budget for the forthcoming fiscal year shall be submitted to and approved by the Board of Directors and the City Council of the City of Sanger. The Board of Directors shall submit the budget in accordance with the annual budget preparation schedule as set forth by the City Manager. The budget shall be submitted to the City Manager for inclusion of it in the annual budget Page 101 Sanger Texas Development Corporation Page 6 of 11 presentation to the City Council. The budget proposed for adoption shall include the projected operating expenses and such other budgetary information as shall be useful to or appropriate for the Board of Directors and the City Council of the City of Sanger. Section 6.07 Contracts As provided herein, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may by appropriate resolution, authorize any other officer or officers or any other agent or agents to enter into contract or execute and deliver any instrument in the name and on behalf of the Corporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power of attorney to carry out some action on behalf of the Board, provided, however, that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. Section 6.08 Debt, Deposit and Investment of Corporate Funds All proceeds from the issuance of bonds, notes or other debt instruments (the “Bonds”) issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance and handled in accordance with the statute governing this Corporation, but no Bonds shall be issued, including refunding Bonds, by the Corporation without the approval of the City Council after review and comment by the City’s bond counsel and financial advisor. All monies of the Corporation shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City, as authorized by the City Investment Policy. The finance director shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of the finance director and the secretary. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. Investment Policy for the Sanger Texas Development Corporation Whereas, the Public Funds Investment Act of 1995 requires each municipality to adopt rules and guidelines for the investment of public funds; and Whereas, such rules and guidelines should specify the type, length and strategy for each fund as well as the authority for officers and employees responsible for the investment of such funds. 6.08 – 1.0 Scope: This investment policy applies to all financial assets of the Corporation. These funds are accounted for in the City of Sanger’s Comprehensive Annual Financial Audit. 6.08 – 2.0 Statement of Cash Management Philosophy: The Corporation shall maintain a comprehensive cash management program to include the effective collection of all accounts receivable, the prompt deposit of receipts to the Corporation’s bank Page 102 Sanger Texas Development Corporation Page 7 of 11 accounts, the payment of obligations so as to comply with state law and in accord with vendor invoices and the prudent investment of idle funds in accordance with this policy. 6.08 – 3.0 Objective: The primary objectives, in priority order, of the Corporation’s investment activities shall be: 3.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the Corporation shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 3.2 Liquidity: The Corporation’s investment portfolio will remain sufficiently liquid to enable the Corporation to meet all operating requirements which might be reasonably anticipated. 3.3 Return on investments: The Corporation’s investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the Corporation’s investment risk constraints and the cash flow characteristics of the portfolio. 6.08 – 4.0 Delegation of Authority: Management responsibility for the investment program is hereby delegated to the investment officer, who shall establish written procedures for the operation of the investment program consistent with the investment policy. Procedures should include reference to: safekeeping, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the investment officer. The investment officer shall be responsible for all transactions undertaken and shall establish a system of controls. 6.08 – 5.0 Authorized Investments: Corporation funds may be invested in the following securities: 1. Collateralized or fully insured money market accounts. 2. Collateralized or fully insured certificates of deposit. 3. U.S. Treasury bills, notes or bonds. 4. Direct obligations of the State of Texas or its agencies and instrumentalities. 6.08 – 6.0 Qualifying Institutions: Investments may be made through or with the following institutions: 1. Federally insured banks located in the State of Texas. 2. Primary government security dealers reporting to the Market Reports Division of the Federal Reserve Bank of New York. 6.08 – 7.0 Collateralization: The Corporation will accept as collateral for its money market accounts, certificates of deposit and other evidence of deposit the for the following securities: Page 103 Sanger Texas Development Corporation Page 8 of 11 1. F.D.I.C. coverage 2. U.S. Treasury Bills 3. State of Texas bonds. 4. Other obligations of the United States, its agencies or instrumentality’s. 5. Bonds issued by other Texas government entities (Corporation, county, school or special districts) with a remaining maturity of twenty years or less. Securities pledged as collateral must be retained in a third-party bank in the State of Texas and the Corporation shall be provided with the original safekeeping receipt on each pledged security. The Corporation, financial institution and the safekeeping bank shall operate in accordance with a master safekeeping agreement signed by all three parties. The Corporation’s investment officer must approve release of collateral in writing prior to its removal from the safekeeping account. The financial institution with which the Corporation invests and/or maintains other deposits shall provide monthly, or as requested by the Corporation, a listing of the collateral pledged to the Corporation, marked to current market prices. The listing shall include total pledged securities itemized by: 1. Name, type and description of security. 2. Safekeeping receipt number. 3. Par value. 4. Current market value. 5. Maturity date. 6. Moody’s or Standard and Poor rating (both if available) 6.08 – 8.0 General Government Practices: All investment transactions shall be documented by the investment officer. The investment officer may make investments orally but shall follow promptly with a written confirmation to the financial institution or dealer with a copy of such confirmation retained in the Corporation’s files. 6.08 – 9.0 Investment Policy: It is the policy of the Corporation to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. 6.09 Bonds: Any bonds issued by the Corporation shall be in accordance with the statute governing this Corporation but, in any event, no bonds shall be issued without approval of the Sanger City Council after review and comment by the City’s bond counsel and financial advisor. Page 104 Sanger Texas Development Corporation Page 9 of 11 ARTICLE VII BOOKS AND RECORDS Section 7.01 Books and Records The director of finance shall keep and properly maintain, in accordance with generally accepted accounting principles, complete financial books, records, accounts, and financial statements pertaining to its corporate funds, activities and affairs. The City shall cause the Corporation’s financial books, records, accounts, and financial statement to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City Council. Such audit shall be at the expense of the Corporation. Section 7.02 Monthly Reports The Corporation shall provide monthly summaries of anticipated projects, proposed dispersal of funds, and funds that are dispersed. ARTICLE VIII SEAL Section 8.01 Seal The Board of Directors may obtain a corporate seal which shall bear the words “Corporate Seal of the Sanger Texas Development Corporation”. The Board may thereafter use the corporate seal and may later alter the seal as necessary without changing the corporate name, but these Bylaws shall not be construed to require the use of the corporate seal. ARTICLE IX PROGRAM Section 9.01 Authorization The Corporation shall carry out its program subject to its Articles of Incorporation and these Bylaws, and such resolutions as the Board may from time to time authorize. Section 9.02 Program The program of the Corporation shall be to assist, stimulate, and enhance economic development in Sanger, Texas, subject to applicable State and Federal law, these Bylaws, and the Articles of Incorporation. Page 105 Sanger Texas Development Corporation Page 10 of 11 ARTICLE X PARLIAMENTARY AUTHORITY Section 10.1 Amendments to Bylaws These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative two- thirds (2/3) majority vote of the number of authorized Directors on the Board, subject to approval by the City Council. The City Council may amend these Bylaws at any time. Such amendments by the City Council will be duly passed and adopted by motion, resolution or ordinance duly reflected in the minutes of the City Council and thereafter, duly noted to the Board. Notwithstanding the foregoing, no amendment shall become effective unless the City Council approves the amendment. ARTICLE XI DISSOLUTION Section 11.01 Dissolution The Corporation shall be dissolved according to the provisions contained in the appropriate sections of the Texas Development Corporation Act of 1979, as amended. ARTICLE XII INDEMNITY Section 12.01 Indemnity The Board of Directors shall authorize the Corporation to pay or reimburse any current or former Director of Officer of the Corporation for any costs, expenses, fines, settlements, judgments, and other amounts, actually and reasonably incurred by such person in any action, suit, or proceeding to which he/she is made a party by reason of holding such position as Director or Officer; provided, however, that such Director or Officer shall not receive such indemnification if he/she is finally adjudicated in such instance to be liable for misconduct in office. The indemnification herein provided shall also extend to good faith expenditures incurred in anticipation of or preparation for threatened or proposed litigation. The Board of Directors may, in proper causes, extend the indemnification to cover the good faith settlement of any such action, suit, or proceedings, whether formally instituted or not. Furthermore, the Corporation agrees to indemnify and hold harmless and defend the City of Sanger, its officers, agents, and its employees, from and against all claims and suits or damages, injuries to persons (including death), property damages (including loss or use), and expenses (including court costs and attorney fees), arising out of or resulting from the Corporation’s work and from any liability arising out of or in connection with the Corporation or its officers, agents, or employees entry upon said property, common, constitutional, or statutory law, or based on whole or in part Page 106 Sanger Texas Development Corporation Page 11 of 11 upon the negligent or intentional acts or omissions of the Corporation, its officers, agents, employees, licensees, invitees, or trespassers or based in whole or in part upon the negligent acts or omissions of the Corporation, its officers, agents, employees, licensees, or invitees. The Corporation agrees to waive any and all claims it may have against the City of Sanger connected with, resulting from, or arising out of claims and suits covered by this indemnification provision and agrees that any insurance carrier involved shall not be entitled to subrogation under any circumstances against the Corporation, its officers, agents, and employees. ARTICLE XIII MISCELLANEOUS Section 13.01 Relation to Articles of Incorporation These Bylaws are subject to and governed by the Articles of Incorporation. Section 13.02 Effective Date These Bylaws shall be effective upon the adoption by the Board of Directors of the Corporation and the approval of the City Council of the City of Sanger, Texas. Section 13.03 Gifts The Corporation may accept on behalf of the Corporation any contribution, gift, bequest, or device for the general purpose or for any special purposes of the Corporation. Section 13.03 Code of Ethics Each director, including the president and vice president, its officers, employees, and agents shall abide by and be subject to the City Code of Ethics. The Code of Ethics shall be applicable to independent contractors of the Corporation, except to the extent that such independent contractor is not performing work on behalf of the Corporation. Section 13.04 Applicability of City Charter, Policies and Procedures The City Charter and all duly approved city policies and procedures shall apply directly to the Corporation and the Board unless such charters, policies or procedures are superseded by state law or not related to the functions of the Board. The Board has the prerogative, subject to approval by the City Council, to adopt other policies and procedures in addition to or in place of those of the City. Approved by the Sanger Texas Development Corporation – 04/14/2020 Approved by City Council – 05/4/2020 Page 107 Sanger Texas Development Corporation Page 1 of 15 BYLAWS OF THE SANGER TEXAS DEVELOPMENT CORPORATION A NON-PROFIT CORPORATION SANGER, TEXAS SECTION ARTICLE I OFFICES Section 1.01 Registered Office and Registered Agent The Sanger Texas Development Corporation (“the cCorporation”) shall have and continuously maintain in the State of Texas a registered office, and a registered agent whose office is identical with such registered office, as required by the Texas Development Corporation Act of 1979, as amended (“the Act”). The BbBoard of Directors (“the Board”) may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation.thatprovided that proper notification of such change is given to the Office of the Secretary of State of Texas. The registered office of the Corporation is located at 201 Bolivar Street, Sanger, Texas 76266 and at such address is the Corporation,its whose mailing address is P.O. Box 1729, Sanger, Texas 76266. The corporation and the registered office of the corporation are located at 201 Bolivar Street, Sanger, Texas 76266. The registered agent of the corporation at such office shall be the City Administrator of the City of Sanger. Section 1.02 Principal Office The principal office of the cCorporation in the State of Texas shall be located in the City of Sanger, County of Denton, and it may be, but need not be, identical with the registered office of the cCorporation. ARTICLE II PURPOSES Section 2.01 Purposes The cCorporation is incorporated for the purposes set forth in its Articles of Incorporation, the same to be accomplished on behalf of the Sanger Development CorporationCity of Sanger, , Texas (the “Corporation”) as it’s duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979, Article 5190.6, Vernon’s Ann. Civ. St., as amended (the “Act”), and other applicable laws, and organized under Section 4B of the Act. The purposes of the Sanger Development Corporation is to promote, assist, and enhance Page 108 Sanger Texas Development Corporation Page 2 of 15 economic development in accordance with the Texas Development Corporation Act of 1979. Any project, as defined by such Act, which shall be undertaken by the cCorporation, may include in such costs, the maintenance and operating costs of such project. SECTION ARTICLE III MEMBERS Section 3.01 Members The cCorporation shall have no members or issue any stock. SECTION ARTICLE IV BOARD OF DIRECTORS Section 4.01 Board of Directors The business and affairs of the cCorporation and all corporate powers shall be exercised by or under authority of the Board of Directors (the “Board”), appointed by the governing body of the City of Sanger Development Corporation, and subject to applicable limitations imposed by the Texas Development Corporation Act of 1979, the Articles of Incorporation, and these Bylaws. The Board may, by contract, resolution, or otherwise, give general or limited or special power and authority to the officers and employees of the cCorporation to transact the general business of any special business of the cCorporation, and may give powers of attorney to agents of the corporation to transact any special business requiring such authorization. Section 4.02 Number and Qualifications The authorized number of Directors of this Board shall be seven (7). The City Council shall appoint the Directors of the cCorporation. At least three of these directors shall be persons who are not employees, officers, or members of the governing body of the City of Sanger. Each director must be a resident of Sanger, Texas. Section 4.03 Tenure Term of Office The term of office for the Directors shall be two (2) years, with the right to be reappointed. The City Council shall appoint the Directors of the corporation Directors shall be removable at any time by a majority vote of a quorum present of the City Council of the City of Sanger, Texas. Each member of the Board shall serve at the pleasure of the Council for a term of two (2) years, with the right to be reappointed. The terms are to be staggered. Places 1, 3, 5, and 7 shall be appointed in odd-numbered years, and Places 2, 4 and 6 shall be appointed in even- numbered years. Terms shall begin on July 1 of each year. Any dDirector may be removed from this office by City Council at will without cause. A vacancy of any dDirector’s position which occurs by reason of death, resignation, Page 109 Sanger Texas Development Corporation Page 3 of 15 disqualification, removal, or otherwise, shall be filled by the City Council for the remainder of the term.. Section 4.04 Vacancies Any vacancy occurring shall be filled by appointment by the vote of a majority of a quorum present of the City Council of the City of Sanger, Texas. Section 4.05 Meetings Regular meetings of the Board shall be held on the first Thursday in each month at 7:00 P.M. in the Council Chambers of the City of Sanger, Texas. monthly starting in October of each year, ats such place orf places and at such times or times, from time to time, as may be designated by the Board of Directors and communicated to all dDirectors by written notice. All meetings of the Boards shall provide nNotice thereof all meetings of the Board shall be provided as provided and sset forth in Chapter 551, Texas Government Code, the “Texas Open Meetings Act”. Any member of the Board may request that an item be placed on the agenda by delivering the requestsame in writing to the Secretary of the Board no later than three (3) days (72 hours) prior to the date and time of the Board meeting. The President of the Board shall set special meeting dates and times. The annual meeting of the Board of Directors shall be held in October of each year at a place and time to be determined by the Board. Notice of any meeting shall be given to the public in accordance with the requirements of the Texas Open Meetings Act. The notice shall contain information regarding the particular time, date, and location of the meeting and the agenda to be considered. All meetings shall be conducted in accordance with the Texas Open Meetings Act. Section 4.06 Quorum For the purposes of convening a meeting, a simple majority of the appointed Directors then serving on the Board shall constitute a quorum. For purposes of transacting the business of the corporation at any meetings, a simple majority of the appointed Directors shall constitute a quorum. If there is an insufficient number of Directors present to convene the meeting, the presiding officer shall adjourn the meeting. Section 4.07 Compensation The duly appointed members of the Board shall serve without compensation, but shall be reimbursed for actual or commensurate cost of travel, lodging and incidental expenses while on official business of the Board in accordance with State Law. Section 4.08 Voting: Action of the Board of Directors Directors must be present in order to vote at any meeting, unless otherwise provided in these Bylaws or in the Articles of Incorporation or as required by law. The act of a majority of the Directors present at any meeting for which a quorum is present shall be the act of the Board of Directors. Ifn the event that a Director is aware of a conflict of interest or potential conflict of Page 110 Sanger Texas Development Corporation Page 4 of 15 interest, aboutwith regard to any particular vote, the Director shall bring the same to the attention of the meeting and shall abstain from the vote or further participation in the matter. Any conflict of interest shall be determined according to the standards of Chapter 171, Texas Local Government Code, or as amended. In the event Chapter 171 of the Local Government Code shall apply, the Director shall disclose the relationship as required by Section 171.004 of the Local Government Code and shall abstain from further participationvoting. Section 4.09 Board’s Relationship with City Council In accordance with State law, the City Council shall require the Sanger Development Corporation to be responsible to it for the proper discharge of its duties assigned in this article. All policies and actions for program administration shall be submitted for Council approval, and the Board shall administer said programs accordingly. SECTION ARTICLE V OFFICERS Section 5.01. Officers of the CorporationTitles and Term of Office The elected officers of the corporation shall be a President, Vice President, Secretary and Treasurer. The Board may resolve to elect one or more Assistant Secretaries or one or more Assistant Treasurers as it may consider desirable. Such officers shall have the authority and perform the duties of the office as the Board may from time to time prescribe or as the Secretary or Treasurer may from time to time delegate to his/her respective assistant. Any two (2) or more offices may be held by the same person, except the office of President. The President and Vice President of the Corporation shall be elected by the Board and shall serve a terms of one (1) year. On the expiration of the term of office of the President and Vice President of the Corporation, the Board shall select from among its members to hold such office. The term of the office of the President and Vice President shall always be for a period of one year; provided, however, that the President and Vice President of the Corporation continue to serve until the election of his or her successor is duly elected and qualified or until his or her death, resignation, retirement, disqualification or removal from office. There shall be no limitation on the number of consecutive years that a person may serve in the same office. 5.02 Selection of Officers The initial President and Vice President shall be elected by the Board and shall serve a term of one (1) year. On the expiration of the term of office of the original President and Vice President, the Board shall select from among its members, individuals to hold such office. The term of office of the President and Vice President shall always be for a period of one (1) year from date of selection by the Board, provided, however, that the President and Vice President continue to serve until the election of their successors. The Secretary and Treasure shall be selected by the members of the Board and shall hold office for a period of one (1) year from the date of selection, provided, however, that the Secretary shall continue to serve until the election of his/her successor. Page 111 Sanger Texas Development Corporation Page 5 of 15 Vacancies in any office which occur by reason of death, resignation, disqualification, removal, or otherwise, may be filled by the Board of Directors for the unexpired portion of the term of that office in the manner as other officers are elected to the Board. Section 5.03 02 President Powers and Duties of the President The President shall be the presiding officer of the Board with the following authority: The President shall be the chief executive officer of the Corporation, and shall, subject to the authority of the Board and paramount authority and approval from the City Council, preside at all the meetings of the Board, and absent designation by a majority of the Board, shall sign and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, and notes in the name of the Corporation. In addition, the president shall: A. 1. Shall preside over all meetings of the Board. B. 2. Shall have the right to vote on all matters coming before the Board. C. 3. Shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required, subject to provisions of the Texas Open Meeting Act. D. 4. Shall have the authority to appoint standing committees to aid and assist the Board in its business undertakings or other matters incidental to the operation and functions of the Board. E. 5. Shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary aeffect on the business of the Board. F. appear before the City Council, or be represented by his or her designee, regarding any items being considered by the City Council concerning the Corporation. In addition to the above mentioned duties, the President shall sign with the Secretary of the Board any deed, mortgage, bonds, contracts, or other instruments which the Board of Directors has approved and unless the execution of said document has been expressly delegated to some other officer or agent of the corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office, and such other duties as shall be prescribed from time to time by Board of Directors. Section 5.0403 Vice President In the absence of the President or in the event of his/her inability to act, the Vice President shall perform the duties of the President. When so acting, the Vice President shall have thea power of and be subject to all the same restrictions as upon the President. The Vice President shall also perform other duties as from time to time may be assign ed to him/her by the President. 5.05 Secretary Page 112 Sanger Texas Development Corporation Page 6 of 15 The Secretary shall keep, or cause to be kept, at the registered office a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said minutes with the City and the same to be given, in accordance with the provisions of these Bylaws, or as required by the Texas Open Meetings Act or the Texas Open Records Act or other applicable law. The Secretary shall be custodian of the corporate records and seal of the corporation, and shall keep a register of the mailing address and street address, if different, of each Director. 5.06 Treasurer The Treasurer shall be bonded for tile faithful discharge of his/her duties in the amount of $20,000.00. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the corporation. The Treasurer shall receive and give receipt for money due and payable to the corporation from any source whatsoever, and shall deposit all such moneys in the name of the corporation in such bank, trust corporation, and/or other depositories as shall be specified in accord with Section VI of these Bylaws. The Treasurer shall, in general, perform all the duties incident to that office and such other duties as from time to time may be assigned to him/her by the President of the Board. 5.07 Assistant Secretaries and Assistant Treasurers The Assistant Secretaries and Assistant Treasurers, if any, shall, in general, perform such duties as may be assigned to them by the Secretary or the Treasurer, or by the President or the Board of Directors. Section 5.0804 Contracts for Services The cCorporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. This shall include the right to contract for promotional purposes as may be defined by the Development Corporation Act of 1979, subject to any limitations contained in the Act. SECTION ARTICLE VI FINANCIAL ADMINISTRATIONFUNCTIONAL CORPORATION DUTIES AND REQUIREMENTS The Corporation shall contract with the City for financial and accounting services. The corporation’s financing and accounting records shall be maintained according to the following guidelines: Section 6.01. Director of Economic Development The director of economic development shall be the chief administrative officer of the Corporation and be in general charge of the properties and affairs of the Corporation, shall administer all work orders, requisitions for payment, purchase orders, contract execution, Page 113 Sanger Texas Development Corporation Page 7 of 15 administration/oversight, and other instruments or activities as prescribed by the Board in the name of the Corporation. The director of economic development shall be an employee of the City. Section 6.02. Director of Finance The director of finance shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation. When necessary or proper, the director of finance shall endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations drawn upon such bank or banks or depositories as shall be designated by the City Council as consistent with these Bylaws. The director of finance shall see to the entry in the books of the Corporation of full and accurate accounts of all monies received and paid out on account of the Corporation. The director of finance shall, at the expense of the Corporation, give such bond for the faithful discharge of the duties in such form and amount as the City Council shall require, by resolution. The director of finance shall be an employee of the City. The director of finance shall submit a monthly report, to the Board, insufficient detail, of all checks or drafts issued on behalf of the corporation for the previous month. The director of finance shall provide a monthly financial report to the City Council concerning activities of the Corporation in a format consistent with other financial reports of the City. Section 6.03. Secretary The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, shall sign with the president in the name of the corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the corporation, shall have charge of the Corporation books, records, documents and instruments except the books of the accounts and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. The secretary shall endorse and countersign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank or banks or depositories as shall be designated by the City Council consistent with these Bylaws. The secretary shall be an employee of the City. Section 6.04. Participation in Board Meetings The director of economic development, secretary, director of finance manager, Mayor and City Manager (or their respective designees), shall have the right to take part in any discussion of the Board, including attendance ofin executive sessions, but shall not have the power to vote in any meetings attended. Section 6.01 05 Fiscal Year Page 114 Sanger Texas Development Corporation Page 8 of 15 The fiscal year of the cCorporation shall begin on October 1 and end September 30 of the following year. Section 6.02 06 Budget A budget for the forthcoming fiscal year shall be submitted to and approved by the Board of Directors and the City Council of the City of Sanger. The Board of Directors shall submit the budget in accordance with the annual budget preparation schedule as set forth by the City Manager. The budget shall be submitted to the City Manager for inclusion of it in the annual budget presentation to the City Council. The budget proposed for adoption shall include the projected operating expenses and such other budgetary information as shall be useful to or appropriate for the Board of Directors and the City Council of the City of Sanger. Section 6.0307. Contracts As provided in Section V above herein, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may by appropriate resolution, authorize any other officer or officers or any other agent or agents to enter into contract or execute and deliver any instrument in the name and on behalf of the cCorporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power of attorney to carry out some action on behalf of the Board, provided, however, that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. 6.04 Checks and Drafts All checks, drafts, or order for payment of money, notes, or other evidences of indebtedness issued in the name of the corporation shall be signed or bear the facsimile of any two of the directors of the corporation. 6.05 Deposits All funds of the Sanger Development Corporation shall be deposited on a regular basis to the credit of the corporation in a depository which shall be selected following procedures and requirements for selecting a depository as set forth in Chapter 105 of the Local Government Code or the depository of the City of Sanger, may be utilized. 6.06 Gifts The Sanger Development Corporation may accept on behalf of the corporation any contribution, gift, bequest, or device for the general purpose or for any special purposes of the corporation. 6.07 Purchasing All purchasing and contracts executed by the corporation shall be made in accordance with the requirements of the Texas Constitution and Statutes of the State of Texas. Section 6.08 InvestmentsDebt, Deposit and Investment of Corporate Funds Page 115 Sanger Texas Development Corporation Page 9 of 15 Temporary and idle funds which are not needed for immediate obligations of the corporation may be invested in accordance with the following investment policy. All proceeds from the issuance of bonds, notes or other debt instruments (the “Bonds”) issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance and handled in accordance with the statute governing this Corporation, but no Bbonds shall be issued, including refunding Bbonds, by the Corporation without the approval of the City Council after review and comment by the City’s bond counsel and financial advisor. All monies of the Corporation shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City, as authorized by the City Investment Policy. The finance director shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of the finance director and the secretary. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. Investment Policy for the Sanger Texas Development Corporation Whereas, the Public Funds Investment Act of 1995 requires each municipality to adopt rules and guidelines for the investment of public funds; and Whereas, such rules and guidelines should specify the type, length and strategy for each fund as well as the authority for officers and employees responsible for the investment of such funds. 6.08 – 1.0 Scope This investment policy applies to all financial assets of the Sanger Industrial Development Corporation. These funds are accounted for in the City of Sanger’s Comprehensive Annual Financial Audit. 6.08 – 2.0 Statement of Cash Management Philosophy: The Sanger Development Corporation shall maintain a comprehensive cash management program to include the effective collection of all accounts receivable, the prompt deposit of receipts to the Corporation’s bank accounts, the payment of obligations so as to comply with state law and in accord with vendor invoices and the prudent investment of idle funds in accordance with this policy. 6.08 – 3.0 Objective: The primary objectives, in priority order, of the Sanger Development Corporation’s investment activities shall be: 3.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the Sanger Development Corporation shall be undertaken in a mannger that seeks to ensure the preservation of capital in the overall portfolio. Page 116 Sanger Texas Development Corporation Page 10 of 15 3.2 Liquidity: The Sanger Development Corporation’s investment portfolio will remain sufficiently liquid to enable the Sanger Development Corporation to meet all operating requirements which might be reasonably anticipated. 3.3 Return on investments: The Sanger Development Corporation’s investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the Sanger Development Corporation’s investment risk constraints and the cash flow characteristics of the portfolio. 6.08 – 4.0 Delegation of Authority Management responsibility for the investment program is hereby delegated to the investment officer, who shall establish written procedures for the operation of the investment program consistent with the investment policy. Procedures should include reference to: safekeeping, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the investment officer. The investment officer shall be responsible for all transactions undertaken and shall establish a system of controls. 6.08 – 5.0 Authorized Investments: Sanger Development Corporation funds may be invested in the following securities: 1. Collateralized or fully insured money market accounts. 2. Collateralized or fully insured certificates of deposit. 3. U.S. Treasury bills, notes or bonds. 4. Direct obligations of the State of Texas or its agencies and instrumentality’sies. 6.08 – 6.0 Qualifying Institutions: Investments may be made through or with the following institutions: 1. Federally insured banks located in the State of Texas. 2. Primary government security dealers reporting to the Market Reports Division of the Federal Reserve Bank of New York. 6.08 – 7.0 Collateralization The Sanger Development Corporation will accept as collateral for its money market accounts, certificates of deposit and other evidence of deposit the for the following securities: 1. F.D.I.C. coverage 2. U.S. Treasury Bills 3. State of Texas bonds. 4. Other obligations of the United States, its agencies or instrumentality’s. 5. Bonds issued by other Texas government entities (Corporation, county, school or special districts) with a remaining maturity of twenty years or less. Page 117 Sanger Texas Development Corporation Page 11 of 15 Securities pledged as collateral must be retained in a third- party bank in the State of Texas and the Corporation shall be provided with the original safekeeping receipt on each pledged security. The Corporation, financial institution and the safekeeping bank shall operate in accordance with a master safekeeping agreement signed by all three parties. The Corporation’s investment officer must approve release of collateral in writing prior to its removal from the safekeeping account. The financial institution with which the Corporation invests and/or maintains other deposits shall provide monthly, or as requested by the Corporation, a listing of the collateral pledged to the Corporation, marked to current market prices. The listing shall include total pledged securities itemized by: 1. Name, type and description of security. 2. Safekeeping receipt number. 3. Par value. 4. Current market value. 5. Maturity date. 6. Moody’s or Standard and Poor rating (both if available) 6.08 – 8.0 General Government Practices: All investment transactions shall be documented by the investment officer. The investment officer may make investments orally but shall follow promptly with a written confirmation to the financial institution or dealer with a copy of such confirmation retained in the Corporation’s files. 6.08 – 9.0 Investment Policy: It is the policy of the Sanger Development Corporation to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. 6.09 Bonds: Any bonds issued by the cCorporation shall be in accordance with the statute governing this Ccorporation but, in any event, no bonds shall be issued without approval of the Sanger City Council after review and comment by the City’s bond counsel and financial advisor. ARTICLE VII BOOKS AND RECORDS Section 7.01 Books and Records Page 118 Sanger Texas Development Corporation Page 12 of 15 The corporation shall keep correct and complete books and records of all actions of the corporation, including books and records of account and the minutes of meetings of the Board of Directors and of any committee having any authority of the Board and to the city council. All books and records of the corporation may be inspected by Directors of the corporation or his/her agent or attorney at any reasonable time; and, any information which may be designated as public information by law shall be open to public inspection at any reasonable time. The Texas Open Records Act and Open Meetings Act shall apply to disclosure of public information. The Board of Directors shall provide for an annual financial audit to be performed by a competent independent audit firm employed by the City Council for the Corporation’s audit. The director of finance shall keep and properly maintain, in accordance with generally accepted accounting principles, complete financial books, records, accounts, and financial statements pertaining to its corporate funds, activities and affairs. The City shall cause the Corporation’s financial books, records, accounts, and financial statement to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City Council. Such audit shall be at the expense of the Corporation. Section 7.02 Monthly Reports The cCorporation shall provide monthly summaries of anticipated projects, proposed dispersal of funds, and funds that are dispersed. ARTICLE VIII SEAL Section 8.01 Seal The Board of Directors may obtain a corporate seal which shall bear the words “Corporate Seal of the Sanger Texas Development Corporation”. The Board may thereafter use the corporate seal and may later alter the seal as necessary without changing the corporate name, but these Bylaws shall not be construed to require the use of the corporate seal. SECTION ARTICLE IX PROGRAM Section 9.01 Authorization The cCorporation shall carry out its program subject to its Articles of Incorporation and these Bylaws, and such resolutions as the Board may from time to time authorize. Section 9.02 Program The program of the Sanger Development Corporation shall be to assist, stimulate, and enhance economic development in Sanger, Texas, subject to applicable State and Federal law, these Bylaws, and the Articles of Incorporation. Page 119 Sanger Texas Development Corporation Page 13 of 15 SECTION ARTICLE XARTICLE X PARLIAMENTARY AUTHORITY Section 10.1 Amendments to Bylaws These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative two-thirds (2/3) majority vote of the number of authorized Directors then serving on the Board, subject to approval by the City Council. at any regular or any special meeting of the Directors held for such specific purpose, and the notice requirements stated herein above regarding regular or special meetings shall apply. A majority of the Directors of the Corporation present at an annual meeting of the Board may, amend or repeal and institute new Bylaws, provided that at least ten (10) days prior to the annual meeting, written notice setting forth the proposed action shall have been given the Directors, and public notice regarding such actin given according to the requirements of the Texas Open Meetings Act and Open Records Act. The City Council may amend these Bylaws at any time. Such amendments by the City Council will be duly passed and adopted by motion, resolution or ordinance duly reflected in the minutes of the City Council and thereafter, duly noted to the Board. Notwithstanding the foregoing, no amendment shall become effective unless the City Council approves the amendment. SECTION ARTICLE XI DISSOLUTION Section 11.01 Dissolution The cCorporation shall be dissolved according to the provisions contained in the appropriate sections of the Texas Development Corporation Act of 1979, as amended. SECTION ARTICLE XII INDEMNITY Section 12.01 Indemnity The Board of Directors shall authorize the cCorporation to pay or reimburse any current or former Director of Officer of the cCorporation for any costs, expenses, fines, settlements, judgments, and other amounts, actually and reasonably incurred by such person in any action, suit, or proceeding to which he/she is made a party by reason of holding such position as Director or Officer; provided, however, that such Director or Officer shall not receive such indemnification if he/she isbe finally adjudicated in such instance to be liable for misconduct in Page 120 Sanger Texas Development Corporation Page 14 of 15 office. The indemnification herein provided shall also extend to good faith expenditures incurred in anticipation of or preparation for threatened or proposed litigation. The Board of Directors may, in proper causes, extend the indemnification to cover the good faith settlement of any such action, suit, or proceedings, whether formally instituted or not. Furthermore, the Ccorporation agrees to indemnify and hold harmless and defend the City of Sanger Development Corporation, its officers, agents, and its employees, from and against all claims and suits or damages, injuries to persons (including death), property damages (including loss or use), and expenses (including court costs and attorney fees), arising out of or resulting from the cCorporation’s work and from any liability arising out of or in connection with the Sanger Development Corporation or its officers, agents, or employees entry upon said property, common, constitutional, or statutory law, or based on whole or in part upon the negligent or intentional acts or omissions of the cCorporation, its officers, agents, employees, subcontractors, licensees, invitees, or trespassers or based in whole or in part upon the negligent acts or omissions of the Sanger Development Corporation, its officers, agents, employees, licensees, or invitees. The cCorporation agrees to waive any and all claims it may have against the City of Sanger Development Corporation connrrected with, resulting from, or arising out of claims and suits covered by this indemnification provision and agrees that any insurance carrier involved shall not be entitled to subrogation under any circumstances against the Sanger Development Corporation, its officers, agents, and employees. SECTION ARTICLE XIII MISCELLANEOUS Section 13.01 Relation to Articles of Incorporation These Bylaws are subject to and governed by the Articles of Incorporation. Section 13.02 Effective Date These Bylaws shall be effective upon the adoption by the Board of Directors of the Sanger Development Corporation and the approval of the City Council of the City of Sanger, Texas. Section 13.03 Gifts The Sanger Development Corporation may accept on behalf of the Corporation any contribution, gift, bequest, or device for the general purpose or for any special purposes of the Corporation. Section 13.03 Code of Ethics Each director, including the president and vice president, its officers, employees, and agents shall abide by and be subject to the City Code of Ethics. The Code of Ethics shall be applicable to independent contractors of the Corporation, except to the extent that such independent contractor is not performing work on behalf of the Corporation. Page 121 Sanger Texas Development Corporation Page 15 of 15 Section 13.04 Applicability of City Charter, Policies and Procedures The City Charter and all duly approved city policies and procedures shall apply directly to the Corporation and the Bboard unless such charters, policies or procedures are superseded by state law or not related to the functions of the Board. The Board has the prerogative, subject to approval by the City Council, to adopt other policies and procedures in addition to or in place of those of the City. Page 122 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 16. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Cheryl Price, City Secretary ITEM/CAPTION: Ordinance No. 051520 Revised Declaration of Disaster Consider, Discuss and Act on Ordinance No. 051520 Amending Ordinance No. 031220 to Renew and Continue the Mayor's Revised Declaration of Local Disaster Dated April 30, 2020. Providing a Repealing Clause, Providing a Savings Clause, Providing a Severability Clause; Providing for a Penalty of Fine Not to Exceed $1000 As Authorized by State Law for Each Offense and Providing for An Effective Date. AGENDA TYPE: Regular ACTION REQUESTED: Approval, Ordinance BACKGROUND: Attached is Ordinance 051520 amending ordinance 041420 to renew and continue the Mayors revised Declaration of Local Disaster dated April 30, 2020, Also attached is Governor Abbott's Executive Order GA18 relating to the expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the COVID19 disaster. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A Page 123 CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 16.AGENDA MEETING DATE: May 4, 2020TO: Alina Ciocan, City ManagerFROM: Cheryl Price, City SecretaryITEM/CAPTION:Ordinance No. 051520 Revised Declaration of DisasterConsider, Discuss and Act on Ordinance No. 051520 Amending Ordinance No. 031220 to Renew and Continuethe Mayor's Revised Declaration of Local Disaster Dated April 30, 2020. Providing a Repealing Clause, Providing aSavings Clause, Providing a Severability Clause; Providing for a Penalty of Fine Not to Exceed $1000 As Authorizedby State Law for Each Offense and Providing for An Effective Date.AGENDA TYPE: RegularACTION REQUESTED: Approval, Ordinance BACKGROUND:Attached is Ordinance 051520 amending ordinance 041420 to renew and continue the Mayors revisedDeclaration of Local Disaster dated April 30, 2020, Also attached is Governor Abbott's Executive Order GA18relating to the expanded reopening of services as part of the safe, strategic plan to Open Texas in response to theCOVID19 disaster.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED: N/A ATTACHMENTS: Description Upload Date Type Ordinance No. 051520 4/30/2020 Cover Memo Executive Order No. GA18 4/30/2020 Cover Memo Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 CITY COUNCIL AGENDA MEMO AGENDA ITEM NO. 17.a. AGENDA MEETING DATE: May 4, 2020 TO: Alina Ciocan, City Manager FROM: Jeriana Staton, Director of Human Resources and Special Projects ITEM/CAPTION: Update Related to the City of Sanger's Response to COVID19 AGENDA TYPE: Regular ACTION REQUESTED: BACKGROUND: N/A LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK: N/A FINANCIAL SUMMARY FUNDING/FISCAL IMPACT: N/A FUNDS: N/A STAFF RECOMMENDATION/ACTION DESIRED: N/A Page 138