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02/06/2012-CC-Agenda Packet-RegularS27aRgeh TlAS AGENDA CITY COUNCIL MONDAY, FEBRUARY 6, 2012 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: January 17, 2012 - Council Meeting b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Conduct a Public Hearing Concerning a Request for Approval to use Different Exterior Materials and/or Design for Proposed Residential Structures on 104 Lots Within Phase 1 and Phase 3 of the Quail Run Addition. 6. Consider, Discuss and Possibly Act on Approving a Request to use Different Exterior Materials and/or Design for Proposed Residential Structures on 104 Lots Within Phase 1 and Phase 3 of the Quail Run Addition. 7. Consider, Discuss and Possibly Act on a Request From Habitat for Humanity of Denton County to Waive the Building Fee, Permit Fee, Temporary Power Pole Permit Fee and the Water and Wastewater Impact Fee for a Proposed Single Family Dwelling at 380 Railroad Avenue. 8. Consider, Discuss and Possibly Act on Approving a Joint Election Agreement and Contract for Election Services with the Denton County Elections Administrator for the May 12, 2012 General Election. 9. INFORMATION ITEMS a) ATMOS Rider GCR - Rate Filing Under Docket No. 9762 10. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the gen ral public at all times, and said notice was posted on the following date and time: � �h- /// / L; at A.m. and shall remain posted until meeting is adjourned. Tami Taber, City Secretary City of Sanger, Texas r rr •. ti,. '�j�ilq(I H11111SU�' • This facility is wheelchair accessible and accessible panting spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL MEETING January 17, 2012 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilycu and Councilman Andy Garza ABSENT: City Manager Mike Brice OTHERS PRESENT: Tami Taber City Secretary, Rob Woods Public Works Director and Kelli Alexander 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayon• Muir called the meeting to order at 7:03 p.m. Councilman Martin led the Invocation followed by Councilman Bilyeu leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Kelli Alexander spoke about Animal Control. CONSENT AGENDA 3. a) Approval of Minutes: January 3, 2012 - Council Meeting b) Disbursements c) Consider Appointing the Following to Open Board Positions: 4A Board - Robert Patton Animal Advisory Board - Sheri Knowles Appoint one of the Following Alternates to Place 4 on the Keep Sanger Beautiful Board: Alternate - Jacklyn Pevehouse Alternate - Mary Moorehead Councilwoman Johnson made a motion to approve items a and b and move item c from Consent to the Regular agenda. Seconded by Councilman Stephens. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. 4A Board - Robert Patton Animal Advisory Board - Sheri Knowles Councilman Bilyeu made a motion to approve. Seconded by Councilwoman Johnson. Motion carried unanimously. Appoint one of the Following Alternates to Place 4 on the Deep Sanger Beautiful Board: Alternate - Jacklyn Pevehouse Alternate - Mary Moorehead Kem Green was supposed to be resigning and decided on the day of the Council meeting not to resign at this time. Council decided to vote for a 1st alternate to step in when Place 4 actually does resign. Councilman Martin made a motion that Jacklyn Pevehouse be the 1st alternate and Mary Moorehead will be the 2nd alternate. Seconded by Councilwoman Johnson. Motion carried unanimously. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on the Advertisement of Bids for Sins and 4th Street Drainage Improvements. Councilman Bilyeu made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 6. Consider, Discuss and Possibly Act on Bids Received for Bolivar Street, 1st Street, 3rd Street Covering the Construction of Paving and Utility Improvements. Councilman Garza made a motion to award the bid to Vessels Construction with concrete alternative in the amount of $353,921.77. Seconded by Councilman Martin. Motion carried unanimously. 7. Consider, Discuss and Possibly Act on Authorizing City Manager to Execute a Lease at 103 Bolivar to Hollingsworth Manufacturing. Councilman Martin stepped out of the Council chambers while the Mayo• discussed the deal points with the Council. Councilman Bilyeu made a motion on authorizing City Manager to execute a lease based on the deal points listed in the agenda packet. Seconded by Councilman Garza. Motion carried unanimously. 8. INFORMATION ITEMS: a) Financial and Investment Report - November b) Library Report - December c) Animal Control Report - December d) Letter from John Mahalik (Denton Central Appraisal District Board of Director) 9. Adjourn. Mayor Muir adjourned the meeting at 7:35 p.m. 1/12/2012 9:51 AIM A / P CHECK REGISTER PACKET: 04797 CID 1111/12 CF VEIILOR SET: 99 BANK 2009 2009 BOND CONSTRUCTION CHECK CHECK VENDOR NAME / I.O. DESC TYPE DATE MIS QUALITY EXCAVATION, LTD C-APP45 XEATON/DUCK APP85 KEATON RD FR DUCK CRE N 1/12/2012 I-APP45 KEATON/DUCK APP45 KEATON RD FR DUCK CREEK N 1/12/2012 22750 DEAN CONSTRUCTION I-APP 414 PORTER SET APP414 PORTER SPORTS - ➢EA14 R 1/12/2012 23990 HUNTER KNEPSHIELD OF TEXAS, INC I-15104 PARK BENCHES -PORTER R 1/12/2012 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: IOTAL ERRORS: 0 TOTAL WARNINGS: 0 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT 11,04 AMOUNT 22,866.50 000000 22,866.50CR 000000 0.00 210,210.81CR 001047 210,210.87 3,600.62CR 001048 3,600.62 NO4 DISCOUNTS CHECK ANT TOTAL APPLIED 2 0.00 213,811.49 213,811.49 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 3 0.00 213,811.49 213,811.49 1/23/2012 8:35 AN A / P CHECK REGISTER PACKET: 04812 1/20/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. D£SC 19970 ACE AIR CONDITIONING 6 HEATING I-18897 AC THERMASTAT 07860 ACT PIPE SUPPLY, INC I-615199 HYDRANT WRENCHES 15890 ALL AMERICAN SURVEYING I-14082 BRIDLE PATH 'E 18100 AMERICAN MUNICIPAL SERVICES I-9749 COLLECTION ON WARRANTS 00420 BOUND TREE MEDICAL, LLC I-80695013 MEDICAL SUPPLIES I-80695849 MEDICAL SUPPLIES 1 CARRIE 6ILYED I MIGUELITO 12/8/11 MEAL - REIMB DEB 02490 CENTURYLINK I-01/10/12 TELEPHONE 1/10-2/9/12 12760 CINTAS, INC. I-492586398 UNIFORMS 10/11-9/12 00600 CITY OF SANGER I-1/19/12 USPS RESMB POSTAGE 08770 CPI OFFICE PRODUCTS I-3089365-0 BATTERIES, FILE FOLDERS 11510 CULLIGAN I-09248740 WATER BOTTLE SERVICE 00710 DATA BUSINESS FORMS INC. I-8012 PURCHASE ORDER BOOKS 03720 ITS CO>HLUNICATIONS, INC. I-31200274 DF.4 CCNIMNICATIONS I-31200276 DF1 CCC25JUICATIONS I-31200277 DI}4 CC1..IUNICATIONS PAGE: 1 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT R 1/23/2012 140.000R 049254 140.00 R 1/23/2012 258.48CR 049255 258.48 R 1/23/2012 7,700.000R 049256 7,100.00 R 1/23/2012 628.000R 049257 628.00 R 1/23/2012 143.50CR 049258 R 1/23/2012 939.60CR 049258 1,083.10 R 1/23/2012 58.86CR 049259 58.86 R 1/23/2012 1,366.07CR 049260 1,368.07 R 1/23/2012 68.88CR 049261 68.88 R 1/23/2012 47.33CR 049262 47.33 R 1/23/2012 104.35CR 049263 104.35 R 1/23/2012 32.25CR 049264 32.25 R 1/23/2012 251.16CR 049265 257.16 R 1/23/2012 57.50CR 049266 R 1/23/2012 57.50CR 049266 R 1/23/2012 57.50CR 049266 172.50 1/23/2012 8:35 AM A / P CHECK REGISTER PACKET: 04812 1/20/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUIIT VENDOR NAME / I.D. DESC 20980 EXPRESS SERVICES, INC. I-10513107-2 EXPRESS SERVICES, INC. I-10530095-8 - DUCKWORTH, MARY HELEN 18790 FUELMAN I-NP32869120 VEHICLE FUEL 1/9-1/15 02610 HD SUPPLY, INC I-1858559-00 150 W HPS SECURITY 19480 BLITHER a ASSCCIATES, INC I-36230 2011-2012 SAMPLE FEES 18760 INDIAN CAR WASH 1-516914 CAR WASH VOUCHERS 03530 JAMES WOOD AUTOPARK, INC. I-293280-IM9 OIL FILTER ADAPTER D20 24100 KINLCCH EQUIFIENT 6 SUPPLY, INC I-143367 RENTAL OF JET TRUCK 17060 LEAD 11 EXCELLENCE I-01072012E OCT, NOV, DEC CE 19500 NAPA AUTO PARTS I-280262 ALTERNATOR 9 53-58 08690 O'REILL'1 AUTO PARTS C-1959-348948 FILTERS, 02 SENSOR D58 I-1959-347669 HEADLIGHT BULBS D24 I-1959-348201 OIL FILTERS DEPT 20 I-1959-348376 FILTERS, 02 SENSOR D58 I-1959-348760 FILTERS, 02 SENSOR D58 1-1959-348783 FILTERS, 02 SENSOR D58 I-1959-348816 OIL FILTERS DEPT 20 02970 OFFICE DEPOT I-593465953001 OFFICE SUPPLIES 02120 QUILL, INC. 1-9285095 PAFER,INK, HEADPHONES PAGE: 2 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT Nod AMOUNT R 1/23/2012 767.16CR 049267 R 1/23/2012 432.000R 049267 1,199.16 R 1/23/2012 2,632.24CR 049268 2,632.24 R 1/23/2012 595.20CR 049269 595.20 R 1/23/2012 460.000R 049270 460.00 R 1/23/2012 700.000R 049271 700.00 R 1/23/2012 273.76CR 049272 273.76 R 1/23/2012 2,800.000R 049273 2,800.00 R 1/23/2012 648.000R 049274 648.00 R 1/23/2012 234.000R 049275 234.00 R 1/23/2012 35.00 049276 R 1/23/2012 24.99CR 049276 R 1/23/2012 11.88CR 049276 R 1/23/2012 110.84CR 049276 R 1/23/2012 69.51CR 049276 R 1/23/2012 177.49CR 049276 R 1/23/2012 11.88CR 049276 371.59 R 1/23/2012 286.36CR 049277 286.36 R 1/23/2012 166.40CR 049278 166.40 1/23/2012 8:35 AM A / P CHECK REGISTER PAGE: 3 PACKET: 04812 1/20/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 MOU14T 11170 RICOH AMERICAS CORP:QDS I-20738445 2011-12 COPIER LEASE R 1/23/2012 205.33CR 049279 205.33 02300 SANGER COURIER: LEMONS NEWSPAPERS, INC. I-00014850 SANGER COURIER: LEMONS NEWSPAP R 1/23/2012 115.000R 049280 115.00 02260 SS TELEMETRY I-8718 %WTP BLCWER/WELL 2 REPAIR R 1/23/2012 120.000R 049281 I-8719 WNTP BLOWER/WELL 2 REPAIR R 1/23/2012 180.000R 049281 300.00 17400 STAFFORD, PRECIOUS I-011512 IT SUPPORT R 1/23/2012 165.000R 049282 165.00 18620 STERICYCLE I-4003106153 BIO-PICK UP R 1/23/2012 34.000R 049283 34.00 04550 TOGA I-2012PUNCHES/DODSON ANNUAL MEMBERSHIP R 1/23/2012 80.000R 049284 80.00 04960 TEXAS MUNICIPAL CLERKS ASSOCIATION I-01032012 2011 SUPPLEMENT ELECT R 1/23/2012 50.000R 049285 50.00 02580 TEXAS WORKFORCE COMMISSION I-2011 4TH QTR 2011 4QTR UNEMPLOYMENT R 1/23/2012 232.25CR 049286 232.25 04560 TM.CEC I-DODSON 2/6/12 LEVEL 1 CCURSE/TEST R 1/23/2012 75.000R 049287 75.00 02670 T14L - INTERGOVERNMENTAL RISK POOL I-010112 WORKERS COMP R 1/23/2012 32,592.75CR 049288 32,592.75 19260 TYLER TECHNOLCGIES i-025-36697 ONLINE 10/1/11-10/31/2012 R 1/23/2012 110.00CR 049289 I-025-36698 COURT ONLINE SUPPORT R 1/23/2012 125.000R 049289 235.00 02890 UNDERGROUND, INC. I-0080009-IN PUMP REPAIR ON TRUCK R 1/23/2012 142.53CR 049290 142.53 23760 VAULTLOGIX I-634645 SERVER BACKUP R 1/23/2012 600.000R 049291 600.00 16640 WATCH GUARD VIDEO I-SRI14VO003032 LABOR/REPAIR CAMERA R 1/23/2012 150.000R 049292 150.00 1/23/2012 8:35 All PACKET: 04812 1/20/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER VENCOR NAME / I.D. DESC 21610 WITMER PUBLIC SAFETY GROUP, INC I-E913052 BRUSH WILDLAND PANTS ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 PAGE: 4 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT 1108 AMOUNT R 1/23/2012 821.70CR 049293 821.70 NOS DISCOUNTS CHECK AGE TOTAL APPLIED 40 0.00 58,084.25 58,084.25 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 40 0.00 58,084.25 58,084.25 1/23/2012 8:29 AM A / P CHECK REGISTER PACKET: 04813 1/20/12 OF VENDOR SET: 99 BANK 2009 2009 BOND CONSTRUCTION PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 22850 DEN CONSULTING, LTD I-499 SINS STREET DRAINAGE/ DEB R 1/23/2012 3,250.000R 001049 3,250.00 '' T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: CRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 NO3 DISCOUNTS CHECK MIT TOTAL APPLIED 1 0.00 3,250.00 3,250.00 0 0.00 0.00 0.00 0 0.00 0,00 0.00 0 0.00 0,00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 3,250.00 3,250.00 1/23/2012 8:21 M A / P CHECK REGISTER PACKET: 04803 4B PROPERTY TAXES VENDOR SET: 99 BANK 4B CK BANGER DEV CORP CHECKING CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE *1101D* VOID CHECK V 1/23/2012 04790 DENTON COUNTY TAX ASSESSOR I-2011 57881 DEN PROPERTY TAXES R 1/23/2012 I-2011 17924 DEN PROPERTY TAXES R 1/23/2012 TOTAL ERRORS: 0 ** T O T A L S *' REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO@ MOUNT 001291 **VOID- 207.72CR 001292 103.08CR 001292 310.80 GOA DISCOUNTS CHECK ART TOTAL APPLIED 1 0.00 310.80 310.80 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 2 0.00 310.80 310.80 1/30/2012 2:22 PH A / P CHECK REGISTER PACKET: 04833 Regular Payrtents 1/26/12 CF VENDOR SET: 99 BANK POOL FOOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOY AMOUNT 09600 AFLAC C-02/01/12 AFLAC R 1/30/2012 52.50 049343 C-AFX201201094658 INSURANCE R 1/30/2012 30.00 049343 C-AFL201201094658 INSURANCE R 1/30/2012 61.81 049343 I-AF3201201114659 INSURANCE R 1/30/2012 236.43CR 049343 I-AF3201201254660 INSURANCE R 1/30/2012 236.49CR 049343 I-AFK201201114659 INSURANCE R 1/30/2012 35.25CR 049343 I-AFK201201254660 INSURANCE R 1/30/2012 35.25CR 049343 I-AFL201201114659 INSURANCE R 1/30/2012 1,311.16CR 049343 I-AFL201201254660 INSURANCE R 1/30/2012 1,311.16CR 049343 3,021.39 19400 APTRICAH PLANNING ASSOCIATION I-094401-11116 APA MEMBERSHIP R 1/30/2012 425.000R 049344 425.00 13080 BLUE CROSS BLUE SHIELD I-02-01-12-03-01-12 BLUE CROSS BLUE SHIELD R 1/30/2012 346.50CR 049345 I-BCC201201114659 HOBS EMP AND CHILD(ren) R 1/30/2012 5,535.20CR 049345 I-BCC201201254660 BCBS EMP AND CHILD(ren) R 1/30/2012 5,535.20CR 049345 I-BCF201201114659 GOBS ENPLOYEE AND FAMILY R 1/30/2012 1,681.74CR 049345 I-BCF201201254660 BCBS E14PLOYEE AND EMILY R 1/30/2012 1,681.94CR 049345 I-ECO201201114659 BCBS EMPLOYEE ONLY R 1/30/2012 5,310 J5CR 049345 I-ECO201201254660 BCBS EMPLOYEE ONLY R 1/30/2012 5,370 J5CR 049345 I-BCS201201114659 MEDICAL BCBS END SPOUSE R 1/30/2012 1,551.56CR 049345 I-BCS201201254660 MEDICAL BCBS EDP SPOUSE R 1/30/2012 1,551.52CR 049345 28,624.96 13210 HOLZ, JAMES I-10046265 REINB. KEYS MADE NEW LOCK R 1/30/2012 11.94CR 049346 11.94 20410 CARE NOW CORPORATE I-873215 CARE NOW CORPORATE R 1/30/2012 35.000R 049347 35.00 09850 CLEAT I-CLT201201114659 ASSOCIATION DUES EMPLOYEE R 1/30/2012 75.000R 049348 I-CLT201201254660 ASSOCIATION DUES EMPLOYEE R 1/30/2012 ]5.000R 049348 150.00 03320 COLONIAL LIFE INSURANCE C-02/01/2012 COLONIAL LIFE INSURANCE R 1/30/2012 0.01 049349 C-LIF201201094658 LIFE INSURANCE R 1/30/2012 50.16 049349 1-02/01/12 COLONIAL LIFE INSURANCE R 1/30/2012 50.16CR 049349 I-COL201201114659 HEALTH INSURANCE R 1/30/2012 I1.80CR 049349 I-COL201201254660 HEALTH INSURANCE R 1/30/2012 11.80CR 049349 I-LIF201201114659 LIFE INSURANCE R 1/30/2012 8.67CR 049349 I-LIF201201254660 LIFE INSURANCE R 1/30/2012 8.61CR 049349 40.93 1/30/2012 2:22 PH A / P CHECK REGISTER PAGE: 2 PACKET: 04833 Regular Payments 1/26/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. BEST TYPE DATE DISCOUNT MOUNT NO@ AMOUNT 00640 CON24ERCIAL SERVICES I-FEB 2012 ICE MACHINE LEASE 12GONTH R 1/30/2012 400.000R 049350 400.00 08880 CCOPER'S COPIES I-97546 GARAGE SALE SIGN R 1/30/2012 1,375.000R 049351 1,375.00 08770 CPI OFFICE PRODUCTS 1-3097176-0 PAPER SHREDDER R 1/30/2012 439.99CR 049352 439.99 00840 DENT0N PUBLISHING CO., INC. I-I00690317-12112011 ADV. FOR BID-BOLIVAR-1ST- R 1/30/2012 168.70CR 049353 168.70 18190 DEPARTMENT OF INFORMATION RESOURCE I-1204098811 LONG DISTANCE 12/1/-12/31 R 1/30/2012 20.65CR 049354 20.65 20980 EXPRESS SERVICES, INC. I-10556013-0 DUCKWORTH, NARY HELEI R 1/30/2012 558.000R 049355 558.00 18430 FIRST UNITED BANK I-01/11/12 FEE FOR RECORD SEARCH R 1/30/2012 17.75CR 049356 17.75 01010 FOSTER'S SADDLE SHOP I-01/19/12 UNIFORM PANTS R 1/30/2012 119.80CR 049357 119.80 18790 FUEL,A I-NP32925716 VEHICLE FUEL 1/16-1/22 R 1/30/2012 2,043.59CR 049358 2,043.59 20300 GREEN EAGLE OVERHEAD DOORS I-1/4/12 SERVICE BAY DOOR R 1/30/2012 99.50CR 049359 99.50 08760 GT DISTRIBUTORS INC I-INV0384139 KEY, RADIO HOLDER, ETC R 1/30/2012 57.94CR 049360 57.94 02610 HD SUPPLY, INC I-1910134-00 150W HIS LAMP R 1/30/2012 342.24CR 049361 342.24 03530 JAMFS WOOD AUTOPARK, INC. I-293488VCN DCOR HANDLES 53-30 R 1/30/2012 157.37CR 049362 I-293828VCW OIL CCOLER PIPES R 1/30/2012 419.02CR 049362 576.39 01380 KARL-KLENENT FORD, INC. I-287727FOW FUEL INJECTION DEFT 58 R 1/30/2012 748.74CR 049363 748. 74 1/30/2012 2:22 PA A / P CHECK REGISTER PAGE: 3 PACKET: 04833 Regular PayIen[s 1/26/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 21070 LEE REDFEARN PLUI4BING I-63 REMOVE HOT WATER HEATER R 1/30/2012 200.000R 049364 200.00 05400 LEGALSHIELD I-01/15/12 PRE -PAID LEGAL CASUALTY R 1/30/2012 38.83CR 049365 I-PPL201201114659 PREPAID LEGAL SERVICES R 1/30/2012 91.69CR 049365 I-PPL201201254660 PREPAID LEGAL SERVICES R 1/30/2012 130.54CR 049365 261.06 20790 LIBRARICA LLC I-203707-6R-IW CASSIE SUPPORT/UPDATES R 1/30/2012 179.1OCR 049366 179.10 03930 THE LIBRARY STORE, INC. 1-1008 NAME BADGE, INFO DOTS,ETC R 1/30/2012 30.45CR 049367 30.45 04850 MICRO MARKETING ASSOC.LLC I-426513 BOOKS R 1/30/2012 22.74CR 049368 22.74 21250 MILLER CONSTRUCTION I-1104 103 BOLIVAR -SKID LOADER R 1/30/2012 480.000R 049369 480.00 23610 NAFA I -SANG 101 AIR FILTER R 1/30/2012 14.13CR 049370 14.13 08690 WREILLY AUTO PARTS I-1959-349967 30 A14P FUSES FOR GATES R 1/30/2012 9.99CR 049371 9.99 23710 QUALITY EXCAVATION, ETD I-APP46 KEATON RD KEATON- APP46 R 1/30/2012 19,099.75CR 049372 19,099.75 02170 REINERT PAPER L CHEMICAL, INC. I-277071 TOILET TISSUE, ETC R 1/30/2012 85.10CR 049373 I-277685 AIR FRESHENER, TOILET PAP R 1/30/2012 116.71CR 049373 201.81 12820 RICOH AMERICAS CORP. 1-414327689 MAINTENANCE AGNT 12/2011 R 1/30/2012 400.68CR 049374 400.68 21840 ROOF MASTERS I-11755 103 BOLIVAR ROOF REPAIRS R 1/30/2012 3,500.000R 049375 3,500.00 06770 SUN LIFE FINANCIAL I-1/17/12 SUN LIFE FINANCIAL R 1/30/2012 157.65CR 049376 I-SL?201201114659 EMPLOYEE DENTAL R 1/30/2012 139.43CR 049376 I-SL?201201254660 EMPLOYEE DENTAL R 1/30/2012 139.43CR 049376 I-SLD201201114659 DEPENDENT DENTAL R 1/30/2012 122.40CR 049376 I-SLD201201254660 DEPENDENT DENTAL R 1/30/2012 134.54CR 049376 I-SLF201201114659 FA14ILY DENTAL R 1/30/2012 337.55CR 049376 I-SLF201201254660 FAMILY DENTAL R 1/30/2012 456.83CR 049376 I-SLS201201114659 EMPLOYEE DENTAL R 1/30/2012 322.25CR 049376 I-SL3201201254660 EMPLOYEE DENTAL R 1/30/2012 407.22CR 049376 2,217.30 1/30/2012 2:22 P4 A / P CHECK MOISTER PACKET: 04833 Regular Pay¢ents 1/26/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENCOR NAME / I.D. DESC 19460 TCI TIRE CENTERS I-6270009111 TRAILER TIRES 02690 TECHLINE, INC. C-3057106-00 WHO TOOLS I-3057128-00 NESC TOOLS 17280 THE LILY PAD I-8652 11/29/11 PLANT - P. RUCH 02880 UPS I-12WB46501 UPS-12W8465 ** T O T A L S REGULAR CHECKS: HANDNRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 PAGE: 4 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AN.OUNT NOA MOUNT R 1/30/2012 436.28CR 049377 436.28 R 1/30/2012 455.00 049318 R 1/30/2012 1,520.000R 049318 1,065.00 R 1/30/2012 60.000R 049379 60.00 R 1/30/2012 48.22CR 049380 48.22 NOS DISCOUNTS CHECK ANT TOTAL APPLIED 38 0.00 67,504.02 67,504.02 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 38 0.00 67,504.02 0,504.02 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal El Yes Not Applicable Council Meeting Date: Submitted By: February 6, 2012 Joseph D. lliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION 11 ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly act on a Request for Approval to use Different Exterior Materials and/or Design for Proposed Residential Structures on 104 lots within Phase 1 and Phase 3 of the Quail Run Addition. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑RRvrNUE ❑Cl P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant, LGI Homes, has requested to use alternative exterior materials and/or design for 104 single-family residential lots within the Quail Run Subdivision. Most of the lots (102), are located in Phase 3, along First Street, Eider Drive, Kincaid Drive (formerly Ridgecrest Drive), and Primrose Drive. The applicant is proposing to use Lots 1 and 2 in Phase 1, at the entrance to the subdivision on Quail Crossing Drive, for a model home. The applicant is proposing an alternative to the requirements of 1) the first floor being 100% brick, stone or stucco, and 2) the second floor being at least 50% brick, stone, stucco. Their request is to use cementitous fiber siding on the rear of the first floor, and covering more than 50% of the second floor. STAFF OPTIONS & RECOMMENDATION The City Council may approve an alternative to use a different material or design if they find that the material or design meets or exceeds the intent of the architectural standards after conducting a public hearing. List of supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Architectural Standards (§3.21) Agencies: • Aerial Photo of Subject Properties None • Copy of Mailed Notice • List of Notified Property Owners • Applicant's Letter of Intent • Applicant's Building Elevations e Applicant's Photographs City of Sanger Architectural Standards (Effective November 2009) Commercial Buildings ARTICLE 3.1700 EXTERIOR CONSTRUCTION OF BUILDINGS Article 3.1701 Types of Exterior Construction Restricted (a) This article establishes restrictions on the exterior construction elements of both new construction and additions to buildings in zoning districts B-1, B-2, B-3 and within all zoning districts where any portion of a proposed biding is within 250 feet of the IH-35 Right-of-way and all specific uses which specify that the requirements of this article be met. (b) The exterior facade of any new building meeting the criteria above shall be constructed of materials from the following list: stone, cast stone, stucco, brick, limestone, granite, or native stone with the exception of windows and doors. (c) A maximum of ten (10) percent of the building facade may be comprised of "split face" concrete block. (d) The City Council may approve an alternative to use a different material or design if they find that the material or design meets or exceeds the intent of this article after conducting a public hearing. Notice of the hearing must be published in a local newspaper at least fifteen (15) days prior, and notices mailed to all property owners within two hundred (200) feet at least ten (10) days prior, to the public hearing. (e) For buildings within hvo hundred and fifty (250) feet of the 1H-35 Right-of-way that are 50,000 square feet or larger, and are on tracts ten (10) acres or larger, and zoned 11 or 12, exterior walls may be constructed of smooth face concrete or block provided that one or more of the materials listed in (b) above is used as an accent on a minimum of 25% of any wall facing a street, thoroughfare or highway except for a dead end sheet only providing access to industrially zoned property. Residential Buildings ARTICLE 3.2100 EXTERIOR CONSTRUCTION OE RESIDENTIAL DWELLINGS (a) This article establishes the exterior facade requirements for single-family residences, duplexes and multi -family units in the City of Sanger. (b) All exterior facades for the first story of a new single-family residence or duplex in any zoning district, except where specifically exempted, shall be constructed of a minimum of one hundred percent (100) percent masonry construction, including and limited to; brick, stone, granite, marble, cast stone or stucco. All other floors shall be constructed of a minimum of fifty (50) percent masonry. (c) All exterior facades for the first story of a new apartment building or multi -family dwelling in any zoning district shall be constructed of a minimum of one hundred (100) percent masonry construction including brick, stone, cast stone, granite, marble or stucco. All floors shall be constructed of a minimum of fifty (50) percent masonry. (d) Additions to, or reconstruction of, existing structures must have, at a minimum, the same ratio of masonry to other materials as does the existing structure. (e) Detached garages, shops and storage buildings over two hundred (200) square feet must have, at a minimum, the same percentage of masonry facade as the first floor of the main structure. Buildings other than the primary residence on A -Agricultural zoned property are exempt from this requirement. (f) The City Council may approve an alternative to use a different material or design if they find that the material or design meets or exceeds the intent of this article after conducting a public hearing. Notice of the hearing must be published in the local newspaper at least fifteen (15) days prior, and notices mailed to all property owners within two hundred (200) feet at least ten (10) days prior, to the public hearing. January 27, 2012 To: Property Owners From: Joseph Iliff, Director of Development Services Re: Notice of Public Hearing The City of Sanger's City Council will conduct a public hearing on Monday, February 6, 2012 at 7:00 P.M. to consider a request from LGI Homes for approval to use alternative exterior materials and/or design for proposed residential structures on the following properties (see map on the reverse): • Lots i and 2 Block E, Quail Run Phase One • Lots 1-5 and 7-10, Block K, Quail Run Phase Three • Lots 1-21, Block J, Quail Run Phase Three • Lots 46-55, Block A, Quail Run Phase Three • Lots 1-41 and 43, Block 1, Quail Run Phase Three • Lots 5-24, Block H, Quail Run Phase Three Sanger's architectural standards require 100% of the first floor and at least 50% of the second floor to be brick, stone, granite, marble, cast stone or stucco, OR approval of the City Council to use a different material and/or design if they find that the material or design meets or exceeds the intent of the architectural standards. The applicant is requesting from the City Council approval to use cementitious/fiber siding on the rear elevations on the first floor, and to use cementitious/fiber siding on more than 50% of the second floor. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. Comments and questions can be directed to Director of Development Services Joseph Iliff. City of Sanger Department of Development Services P.O. Box 1729 (mail address) 201 Bolivar St (physical address) Sanger, TX 76266 940-458-2059 (phone) 940-458-4072 (fax) jiliff@sangertexas.org Quail Run Public Hearing Mailed Notifications OWNER NAME ADDRESS CITY A T & S F RR CO PO BOX 961089 FORT WORTH A&W PRODUCTIONS PO BOX 1924 DENTON ABBOTT, ERIC L 1202 FIRST DR SANGER ABERNATHY, KENNETH & 2600 TIMBER TRL DENTON ANTOINETTE ASHCRAFT, HOWARD & ASSOC ASHCRAFT, HOWARD & ASSOC ASHLEY, NIM MARSHALL ETAL AURORA LOAN SERVICES LLC BEVERLY, MARGARETT A BROWN, MICHAEL & KIMBERLEY CARTER, KRISTEN CAVAZOS, LINDA & GONZALES, ABEL CHELDAN MM LP CLEMENT, IDA M & DAPHNIA A COLLINS, JUSTIN & HANNAH CONFIDENTIAL COX, FRANKLIN CRESCENT ESTATES CUSTOM HOMES LP DAVIS, JONATHAN & KARA L DEFOORE, ROBERT G AND KATHY A DIAZ, OSCAR & REBECCA L DOUBET, DUSTIN & JOBE, MICHELLE DUDENHOEFFER, MICHAEL J & TAMMY DUNN, ANTICA C & NATHANIEL EAST TEXAS DIST PENTECOSTAL CHURCH OF GOD EPTING, TOM M FARMVEST INC FRASER, SAMUEL E GAY, ROY D GILBERT, CALLIE & RICHARD GONZALEZ, VICTOR M & 7705 RECTOR RD 7705 RECTOR RD PO BOX 102 2617 COLLEGE PARK 107 RINGNECK DR 119 PINTAIL LN 108 PINTAIL LN 105 RINGNECK DR 1221 N INTERSTATE 35E 1206 PRIMROSE DR FiroviFi 75006 76266 76266 76266 76266 76266 76179 75151 76266 76205 91364 76266 76266 76266 Quail Run Public Hearing Mailed Notifications MARINA M CROSSING DR GREEN TREE FARM LC 6707 LAKEFAIR CIR DALLAS GUERRERO, ARTURO V 122 SOUTHSIDE DR SANGER GUTIERREZ, REBECCA A 1711 SUTTERS MILL CARROLLTON DR HALL, CAROL A I I I PINTAIL LN SANGER HARTMAN, TAMMY M & KURT R 1207 PRIMROSE DR SANGER FISTER HEARD, BARRY D & JERRI D HIGA,JOSE HOCKENBROUGH,DAN HODGES, BEN & JAWAYNE HODISON, GARY L HODISON, GARY L HUERTA,ROSA JANOLO, ART F JENSEN, DENNIS & DONNA JERRY ANDREWS PUBLIC GOLF MANAGEMENT JONES, DENVER D & VICKI L JUAREZ, JESUS & PILAR KARVOUNIARIS, JOHN LAWSON,ANDY LERMA, PHILLIP LEE LIVELY, CALVIN & BREWER, JAMIE LOOPER, JERRY & TAMARA MAGGARD, KENNETH R MANZANARES, ELIGIO MARTINEZ, BARTOLA MCDANIEL, JAMES H MCDANIEL, T W MCMACKIN, CAMILIA L MCMULLEN, LAURA MGP ACQUISITIONS LP MILLAR, FRANK JARVIS MILLER, HAZEL B MORGAN, JEFFREY A MORGAN, MARCUS D & BROCK, BRANDY T 100 PINTAIL LN 110 PINTAIL LN 2108 BRADLEY DR 329 DEER RUN DR 6067 JOHN AVE 128 PINTAIL LN 329 QUAIL CROSSING DR 205 THISTLE RDG 3718 SAULS RD 17228 VILLAGE LN PO BOX 976 117 PINTAIL LN PO BOX 50405 1509 PECAN VALLEY CT 103 RINGNECK DR 330 QUAIL CROSSING DR 328 QUAIL CROSSING DR 141 PINTAIL LN 124 PINTAIL LN 132 PINTAIL IN 1204 FIRST DR PO BOX 5 130 SOUTHSIDE DR 140 KINCAID DR 1221 N INTERSTATE 35E # 200 6544 COUNTY ROAD 2019 333 DEER RUN DR 136 PINTAIL LN 1203 PRIMROSE DR SANGER SANGER KELLER SANGER LONG BEACH SANGER SANGER TX TX TX TX TX TX TX TX TX CA TX TX DENTON TX AUBREY TX DALLAS TX SANGER TX SANGER TX DENTON TX CORINTH TX SANGER TX SANGER TX SANGER TX SANGER SANGER SANGER SANGER SANGER SANGER SANGER CARROLLTON EDEN SANGER SANGER SANGER TX TX TX TX TX TX TX TX TX TX TX 75214 76266 75007 76266 76266 76266 76266 76248 76266 90805 76266 76266 76210 76227 75248 76266 76266 76206 76210 76266 76266 76266 76266 76266 76266 76266 76266 76266 76266 1 IIC 76837 76266 76266 76266 Quail Run Public Hearing Mailed Notifications MOUAT, ROBERT J & EDNA 333 QUAIL SANGER TX CROSSING DR 76266 MUNHOLLON, SHANE & 3058 BOOKCLIFF GRAND JCT CO AMANDAS AVE g 1504 PENN, TRUDY 334 QUAIL SANGER TX CROSSING DR 76266 PETTY, AMY 138 KINCAID DR SANGER TX 76266 QUINN, BRIAN 284 W END AVE APT NEW YORK NY 4B 10023 REED, KEVIN L & KRISTEN N 1202 PRIMROSE DR SANGER TX 76266 REYNA, RALPH & SLYVIA 4414 GREEN FAIRFIELD CA VALLEY RD 94534 RICHARDS, CHASSIDI K & 122 PINTAIN LN SANGER TX YOUNG, BILLY R 76266 ROBERTS, CHARLES A 130 PINTAIL LN SANGER TX 76266 ROBINSON, BETTY JO 126 SOUTHSIDE DR SANGER TX 76266 SAGER, MATTHEW & JANET 5819 MICHAEL RD SANGER TX 76266 SANGER, CITY OF PO BOX 1729 SANGER TX 76266 SCHOBER, ANGELA D 129 PINTAIL LN SANGER TX 76266 SLEDD, TAMMY 126 PINTAIL LN SANGER TX 76266 SONS, VELVA C 128 SOUTHSIDE DR SANGER TX 76266 SPRABEARY, ROBERT J & 324 QUAIL SANGER TX KAREN R CROSSING DR 76266 STAMPER, BRIAN & ASHLEY 137 PINTAIL LN SANGER TX 76266 STOCK LOAN SERVICES LLC 8020 ARCO RALEIGH NC CORPORATE DR 27617 SWEETEN, JOHN & SHERIAN 8114 PROGRESS DR AMARILLO TX ANN 79119 TEHAS, VERNON L & JOAN A 325 QUAIL SANGER TX CROSSING DR 76266 THOMAS, RUSTYN & SUSAN 102 PINTAIL LN SANGER TX 76266 THOMPSON, TRUITT 121 PINTAIL LN SANGER TX 76266 THURMAN, BILLY R, Jr 116 PINTAIL LN SANGER TX 76266 WARREN, TIMOTHY K 123 PINTAIL LN SANGER TX 76266 WRIGHT, LILA 112 PINTAIL LN SANGER TX 76266 YOC, ROLANDO 118 PINTAIL LN SANGER TX 76266 Page 1 of 2 Joseph Iliff From: Victor Muzny [vmuzny@lgihomes.coml Sent: Tuesday, January 10, 2012 3:18 PM To: Joseph Iliff Cc: Jack Lipar; Mike Snider Subject: City of Sanger Variance Request Importance: High Dear Joseph (and City of Sanger Councilmen), Please consider this an official request to be placed on the next available agenda. We would like for our proposed variance to be considered at the next council meeting if possible. Currently, we are under contract to purchase the remaining 104 residential lots in the community of Quail Run. We have projected building and closing all 104 homes within a two-year time frame. Our prices should range from the 120's to over $160,000. The only problem we see is that we went under contract with the belief that we would be able to build a home consistent with the existing homes in Quail Run, and apparently that is no longer the case. Quail run is a "starter home" community, which fits into our proven program where we projected selling our proven product. During our Due Diligence/feasibility period, we discovered that as of November 2009, The City has adopted a 100% masonry requirement for let floors. Currently, we build in communities that have similar requirements but all stop short of 100% brick. Our rear elevations are clad cementitous/fiber siding (similar to the homes previously built in Quail Run). This is the product we used in our financial models when we were determining the feasibility of a project in Sanger. As we now understand, there is no "grandfather clause" that would allow us to continue with similar construction. While it may seem a minor issue, this could prevent us from moving forward with the project. Through the past 8 years, we have closed over 5,160 homes in Houston, San Antonio, and the DFW metroplex. We have honed our construction and sales methods down to an exact science. In this economic environment we have to be very conscious of delivering a top quality product at an affordable (and financeable) price. We know very precisely what our construction costs are and the required returns to have a successful project. Unfortunately, the added cost of a rear masonry facade adds no additional quantifiable or appraisable value. Thus, over 104 homes it is quite a large cost that would yield no return and is detrimental to the entire project. As I am sure you are aware, we can only sell our homes for as much a home will appraise for. Building a house with 4 sides of brick costs us more- but we are unable to charge more- due to the current appraisal environment. As mentioned, appraisers will not assign additional value to a home in Quail Run because it has 4 sides of brick. Instead, they will pull the values of the other homes in the neighborhood and what they sold for. Since our homes will be compared to the other homes in the neighborhood, we are asking for similar treatment in approving building materials. Additionally, we have a difficult time understanding the reasoning behind the requirement. The fagade is only aesthetic and a brick veneer adds no additional structural integrity. In - fact, in 2010, LGI homes ranked highest in J.D. Power and Associates study of Quality among New Home builders. We won this award with our current 3 sides (or less) brick elevations, and scored higher than other well-known builders with rear brick elevations. I hope your council sees the value that LGI can bring to Sanger and the speed in which we 1/10/2012 Page 2 of 2 can do so. We feel Sanger can be yet another, in a long line of very successful projects. We look forward to doing business in Sanger and hope that we can come to an agreement. We ask that the council to whole-heartedly consider our request and grant us the variance that would allow us to build homes to the standard set by the existing homes in Quail Run prior to the change in City Requirements. I have attached photos of our finished homes in nearby communities, photos showing the existing homes in Quail Run, as well as the an example plan showing what we initially planned to build in Sanger. Please reply via email so that I know when I can come before the council to further explain our concerns. Thank you, Victor Muzny Acquisitions Analyst LGI Homes Direct: 281-210-2529 Cell: 281-475-5462 Main Office: 281-362-8998 vmuzny@lgihomes.com 1/10/2012 Aa 0 LGI HOMES W m�•-iw lxae 03- ', 'rT raszs p. batkelevation ivurn " -tee �,r—mew frontanE b«k 4a.tbns wneimimry hkm' BR1ARWOOD ink 14'78 swua i. _me .m., m1.921 C over urago&or yin 9 A moMiokt aov i'musm l'I"MAb a -" died of dab a....•ioo off p«w� loran A3 /� -CW C 7 me•.vn•jxob 01 froatennation sabm!W,son devotion LGI HOMES 9'111, typal milin —8r1"ro�yp. T PO'onwnbr —4 HipM1, aim dod buhap wlunn �0'-U"rypropof>lo6 •_ ]mb 03 riaht devaBan srbrbr Nwetbm BRIARWOOD 1478 f mOMOM 2011 3011 'dam p'uas mar opreabnM" a,,,,,,roa >mz iwpun M4 -CWC d"anelamtmn Ik+ 30rkk m', K" mde wcj WN �,�'3 its ■ IIP � 1 AP iC� ��95= rr� rn 1�1 �1111M M ,—. Rear Elevation '�2 3/19' c 1'.8° P+Ia4e 2 18'-21/4"' Irk<m- ward and named amkeN 3 bckk widfary mlddb..kA, Second Floor 10'•11/8" Garage Plane 8' - 1 11vi Md 001bloblock Drehkl1' Fddreac ck _First Floor A�,. a -a, N V N m a T V N t f i Garage Plal �8'•1!/6" t.,e Mpo tixx Right Elevation 3/16" a 1'-0" ge Plate n N xN L .x.n y�1 a wnnmaa N x � o S �x x� r58 Floor 'n p late 2 22 1%4" Flom 0 - 0n Existing Quail Run Rome #1 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Council Meeting Date: Submitted By: February 6, 2012 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials s Date .- ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREF,MENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider a request from Habitat of Humanity of Denton County to Waive the Building Permit Fee, the Temporary Power Pole Permit Fee, the Water Impact Fee, and the Wastewater Impact Fee for a Proposed Single-family Dwelling at 380 Railroad Street. FINANCIAL SUMMARY MN/A [—]GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON-BUDGLTED BACKGROUND/SUMMARY OF ITEM Habitat for Humanity of Denton County is requesting that the City of Sanger waive the building permit fee ($750), the t-pole permit fee ($60), water impact fee ($2,250) and the wastewater impact fee ($3,000) for a proposed single family dwelling they are planning to construct at 380 Railroad Street. The building permit and t-pole permit fees would be deposited into the General Fund. The water and wastewater impact fees would be deposited into their respective capital improvement funds. In the past, the City Council has waived fees for homes constructed by Habitat for Humanity. STAFF OPTIONS & RECOMMENDATION The City Council can waive the building permit fee, the t-pole permit fee, water impact fee, and/or the wastewater impact fee for the construction of a new dwelling by Habitat for Humanity of Denton County by a majority vote. List of Supporting Do cuments/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Request letter frmn Habitat of Humanity of Agencies: Denton County • None e January 19, 2012 Mr. Joseph Iliff Director of Development Services City of Sanger 201 Bolivar P.O. Box 1729 Sanger, TX 76266 Dear Mr. Iliff: Habitat for Humanity of Denton County is a nonprofit, ecumenical Christian ministry founded on the conviction that every man, woman and child should have a decent, safe and affordable place to live. Our houses are simple, decent, and affordable to low-income families and whenever possible, we build sustainable, energy -efficient, and healthy housing. To the extent that we can reduce the cost of the homes we build through the generosity of vendors and government agencies, we can build more and affordable homes. Habitat for Humanity of Denton County has built three homes in Sanger contributing to the property tax base and economy of Sanger during the past decade. In the past, the Sanger City Council has waived some of the Building Permit fees for Habitat such that, for our last build at 380 Railroad St completed in early 2009, we paid a total of $360 toward the Building Permit, Impact Fees, etc. We once again are planning to build in Sanger at 382 Railroad St. and the house will be of similar size and design as the previous homes. We will be involving local volunteer groups from local businesses, corporations and churches to help with the construction. We again ask that the Sanger City Council to be generous and provide Habitat for Humanity of Denton County with relief from any or all of the following Impact and Residential Building Permit Fees: • Wastewater Impact Fee $3000 • Water Impact Fee $2250 • New Residential Building Permit $750 • Temporary Power Pole $60 Thank you for your time and we await the Council's decision. Roger Anderson, our Construction Services Manager, will be available during the council meeting to answer any questions that may arise. Wit(VX Christine T President of the Board of Directors Habitat for Humanity of Denton County P.O. Box 425 9 Denton, TX 76202 • Ph. 940.484,5006 • FAX 940.293.1804 C Sa"2g TESAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑Yes ® Not Applicable ❑ Yes ® Not Applicable Council Meeting Date: February 6, 2012 Submitted By: Tami Taber City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Approving a Joint Election Agreement and Contract for Election Services with the Denton County Elections Administrator for the May 12, 2012 General Election. FINANCIAL SUMMARY ®N/A —]GRAN TFUNDS ❑OPERATINGERPENSE []REVENUE ❑CIP []BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The final estimated costs and required deposits for each participating authority will be submitted by the Denton County Elections Department once all the entities have specified whether or not they will be conducting an election. The Agreement with Denton County Elections Administration is the same agreement approved last year. STAFF OPTIONS & RECOMMENDATION Staff recommends adoption. List of Supporting Documents: • Joint Election Agreement and Contract Prior Action/Review by Council, Boards, Commissions or Other Agencies: THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Denton County: Town of Argyle City of Oak Point City of Aubrey City of Pilot Point Town of Bartonville Town of Ponder City of Celina Town of Prosper Town of Copper Canyon Town of Providence Village City of Corinth City of Roanoke Town of Corral City City of Sanger Town of Cross Roads Town of Shady Shores City of Denton City of The Colony Town of DISH Town of Trophy Club Town of Double Oak Town of Westlake Town of Flower Mound Argyle Independent School District City of Fort Worth Aubrey Independent School District City of Frisco Celina Independent School District City of Hackberry Denton Independent School District Town of Hebron Frisco Independent School District Town of Hickory Creek Krum Independent School District City of Highland Village Lake Dallas Independent School District City of Justin Lewisville Independent School District City of Krugerville Little Elm Independent School District City of Krum Northwest Independent School District City of Lake Dallas Pilot Point Independent School District City of Lakewood Village Ponder Independent School District City of Lewisville Prosper Independent School District Town of Lincoln Park Sanger Independent School District Town of Little Elm Trophy Club MUD 1 City of Northlake This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 12, 2012 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as "Elections Administrator." RECITALS Each participating authority listed above plans to hold a general and/or special election on May 12, 2012. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County's electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: Page 1 of 10 W \7&II'I619:70\i[071!1 The parties agree to hold a "Joint Election' with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority's governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures, or any changes that are specific to their own political subdivision. By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Page 2 of 10 Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 12, 2012 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 12, 2012 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names and addresses in effect for the May 12, 2012 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the rate of $7 per hour. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. Page 3 of 10 V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County's electronic voting system and equipment, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot and the audio recording of the ballot, insofar as it pertains to that authority's candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. Early Voting by Personal Appearance and voting on Election Day shall be conducted exclusively on Denton County's eSlate electronic voting system. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code, The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051(g). 1LY1IIIIIIIINWANWLT1[0111►[ The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this . document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. Page 4 of 10 The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day's early voting activity will be distributed to each participating authority no later than 9:00 AM each business day. This will be accomplished by Denton County posting the daily reports on its website. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. Vill. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.006 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Eric Leija, Denton County Technical Operations Manager Presiding Judge: Jason Barnett, Deputy Elections Administrator Alternate Judge: Paula Paschal, Contract Manager The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County's voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct -by -precinct results that are required by Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. The Elections Administrator shall be responsible for conducting the post -election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. Page 5 of 10 IX. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election, shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 12, 2012 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 23, 2012. This date may be negotiable based on the Secretary of State's calendar for elections in 2012. X. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro -rated equally among the participants utilizing that polling place. It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority's election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. The participating authorities agree to share the cost of Early Voting. Allocations of costs is mutually agreed to be shared according to a formula which is based on the cost of all Early Voting polling locations being divided equally among the number of participating authorities. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non -temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any individual jurisdiction if the above formula results in a cost allocation that is inequitable. Page 6 of 10 XI. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus a cancellation fee of $75.00. XII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XIV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Page 7 of 10 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XV. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating authority's obligation under the terms of this agreement shall be calculated after the May 12, 2012 election (or runoff election, if applicable), and if the amount of an authority's total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Estimated Deposit Political Subdivision Cost Town of Argyle Town of Bartonville Town of Copper Canyon City of Corinth Town of Cross Roads City of Denton Town of DISH Town of Flower Mound City of Fort Worth City of Hackberr City of Hebron Town of Hickory Creek City of Justin City of Kru erville City of Lake Dallas City of Lewisville Town of Little Elm City of Oak Point Page 8 of 10 Town of Ponder Town of Shady Shores City of Southlake City of The Colon Town of Trophy Club Aubrey ISD Krum ISD Lewisville ISD Little Elm ISD Northwest ISD Pilot Point ISD Ponder ISD Sanger ISD Trophy Club MUD1 Revised 1.09.2012 (11:00 a.m.) Page 9 of 10 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit: (1) It has on the day of 2012 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the day of 2012 been executed on behalf of the City of Sanger pursuant to an action of the Mayor so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: FRANK PHILLIPS ACCEPTED AND AGREED TO BY THE CITY OF SANGER: APPROVED: THOMAS MUIR, MAYOR ATTESTED: TAMI TABER, CITY SECRETARY ITEMS David J. Park Vice President Rates & Reoulatory Affairs January 25, 2012 City Official Re: Rider GCR - Rate Filing under Docket No. 9762 Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR applicable for the February 2012 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative purposes only and no action is required on your city's part. Should you have any questions, please let me know. Sincerely, Attachment Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 214-206-2568 F 214-206-2126 David.Park@atmosenergy.com ATMOS ENERGY CORPORATION MID-TEX DIVISION STATEMENT OF RIDER GCR February, 2012 PREPARED IN ACCORDANCE WITH GAS UTILITIES DOCKET NO. 9762 Part (a) - Mid -Tex Commodity Costs Line (a) (b) 1 Estimated Gas Cost per Unit: $3.6269 2 Estimated City Gate Deliveries: 21,518,225 3 Estimated Gas Cost: 78,044,450 4 Lost and Unaccounted For Gas % 2.5932% 5 Estimated Lost and Unaccounted for Gas $2,023,849 6 Total Estimated City Gate Gas Cost $80,068,299 7 Estimated Sales Volume: 25,021,679 8 Estimated Gas Cost Factor- (EGCF) $3.2000 9 Reconciliation Factor - (RF): $0.0447 10 Taxes (TXS): $0.0000 11 Adjustment -(ADJ): $0.0000 Btu Factor Per MMBtu 12 Gas Cost Recovery Factor- (GCRF) $3.2447 per Mcf 1.024 $3.1687 Part (b) - Pipeline Services Costs Line (a) (b) (c) (d) (a) Rate I - Industrial Service Rate R - Residential Rate C - Commercial Rate T - Transportation' Fixed Costs 13 Fixed Costs Allocation Factors [Set by GUD 9762 & Cities] 100.0000% 63.4698% 30.2824% 6.2478% 14 a. Current Month Fixed Costs of Pipeline Services $11,659,235 $7,400,094 $3.530,696 $728,445 15 b. Plus: Second Prior Month Recovery Adjustment $0 $0 $0 $0 16 Net Fixed Costs $11,659,235 $7,400,094 $3,530,696 $728,445 Commodity Costs 17 a. Estimated Commodity Cost of Pipeline Services $1,659,376 $1,189,735 $405,056 $64,586 18 b. Plus: Second Prior Month Recovery Adjustment $0 $0 $0 $0 19 Net Commodity Cost of Pipeline Services $1,659,376 $1,189,735 $405,056 $64,586 20 Total Estimated Pipeline Costs (Line 16 + Line 19) $13,318,611 $8,589,828 $3,935,752 $793,031 21 Estimated Billed Volumes 7,938,083 Mcf 4,723,557 Mcf 4,390,162 MMBtu 22 Pipeline Cost Factor (PCF) [Line 201 Line 21] $1.0821 Mcf $0.8332 Mcf $0.1806 MMBtu 23 Gas Cost Recovery Factor - (GCRF) [Line 12] $3.2447 Mcf $3.2447 Mcf $3.1687 24 Rider GCR $4.3268 Mcf $4.0779 Mcf Rate I - $3.3493 MMBtu 25 RateT- $0.1806 MMBtu ' Industrial Service and Transportation are reported in MMBtu. An MMBtu conversion factor of 1.024 is used.