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09/04/2012-CC-Agenda Packet-RegularMQ TEXAS AGENDA CITY COUNCIL. TUESDAY, SEPTEM13ER 4, 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 a) Approval of Minutes: August 20, 2012 - City Council August 24, 2012 - Emergency Called - City Council August 27, 2012 - Emergency Called - City Council b) Disbursements c) Approve an Interlocal Agreement Between Denton County and the City of Sanger for Shared Governance Communications and Dispatch Services for the Police and Fire Department. d) Approve an Interlocal Agreement Between New Cingular Wireless PCS, LLC and the City of Sanger Regarding the Third Amendment on the Option to Lease and Water Tower Lease Agreement. e) Approve the Joint Election Agreement and Contract Between Denton County and The City of Sanger for Election Services on November 6, 2012. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Conduct Second Public Hearing on a Proposal to Increase Total Tax Revenues From Properties on the Tax Roll in the Preceding Year by 8.76% (Total Tax Rate Remains Unchanged at 0.633049 per $100 of Assessed Value). 6. INFORMATION ITEMS: a) ATMOS Annual Gas Cost Reconciliation Filing 7. 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 general "blie at all times, and said`%r010ejoyas posted on the following date and time: �a(0 0,'6?P ,°14•,A.m. and shall remain posted until meeting is adjourned �`� �, l 1W� Tam Taber, City Secretary City of Sanger, Texas This facility is wheelchair accessiblertae�ssnililarking spaces are available. Requests for accommodations or interpretive services al 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 August 20, 2012 PRESENT: Mayor Thomas Muir, Councilman Gary Bilyeu, Councilman Scott Stephens and Councilman Rusty Patton ABSENT: Councilman Russell Martin OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Sam Alexander, Kelli Alexander, Chris Prock, Joe Falls, Justin Allen, Jeff Higgs and Freida Asheraft Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Stephens led the Invocation followed by Councilman Patton leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or discuss any issues brought up during this section). Kelli Alexander, 3219 McReynolds Road, spoke about Noah's Ark and their second quarter euthanasia rate. Joe Falls, 4489 McReynolds Road, advised that he was available to fill former Councilwoman Marjory Johnson's vacancy. CONSENT AGENDA 3. a) Approval of Minutes: August 3, 2012 - City Council b) Disbursements Councilman Patton made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. None. REGULAR AGENDA 5. Certification of Verification Regarding Local Option Liquor Election. City Secretary advised that the Petition was filed on July 19, 2012, and the signers' names contained on the petition is sufficient to order the election. Councilman Stephens made a motion to approve. Seconded by Councilman Patton. Motion carried unanimously. 6. Discuss, Consider and Possibly Act on Approving Ordinance #08-11-12 - Ordering a Special Election to be Held on November 6, 2012, for the Following: To Legalize : "The Legal Sale of all Alcoholic Beverages for off -Premise Consumption Only." Councilman Patton made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 7. Consider, Discuss and Possibly Act on Approving a Certificate for Resolution #R08-15- 12 of the Adoption by the Sanger, Texas Industrial Development Corporation Authorizing the Issuance of the Sanger, Texas Industrial Development Corporation Industrial Development Revenue Bonds, Series 2012B (Texas Pellets Project), Approving and Authorizing an Indenture of Trust, a Loan Agreement, a Limited Offering Memorandum, a Tax Certificate and Agreement, a Bond Purchase Agreement, Authorizing the Execution of Documents and Instruments Necessary or Convenient to Carry out the Issuance of the Bonds and Other Matters in Connection Therewith. City Manager advised that this is the second and final phase. This was approved by the 4A members on August 13, 2012. The City will receive $10,000 from the first phase and an additional $10,000 for the second phase. Councilman Bilyeu made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 8. Conduct a Public Hearing on the Proposed Budget for FY 2012/2013, Mayor opened the Public Hearing at 7:21 p.m. Joe Falls stated that he has talked several times to the Council regarding N.C.C.P. He also stated that he has reviewed the proposed budget and his concern is the aging infrastructure and the delivery system. He felt that there should be more funds to go towards underground infrastructure, sewer system and delivery system. Kelli Alexander spoke about the proposed Animal Control budget and the amount that is spent on Noah's Ark. Mayor closed the Public Hearing at 7:29 p.m. 9. Conduct the First Public Hearing on a Proposal to Increase Total Tax Revenues From Properties on the Tax Roll in the Preceding Year by 8.76% (Total Tax Rate Remains Unchanged at 0.633049 per $100 of Assessed Value). Mayor opened the Public Hearing at 7:30 p.m. No one spoke for or against. Mayor closed the Public Hearing at 7:30 p.m. 10. EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.072 - Deliberations Regarding Real Property to Discuss the Purchase, Exchange, Lease or Value of Real Estate Jeff Higgs advised that he represents Bolivar Water on the sale of the property and wanted to remedy the situation at no cost. City Manager advised that an appraisal was done to determine the fair market value and there were $300 in attorney fees. Council convened at 7:36 p.m. 11. RECONVENE: OPEN MEETING Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session. Council reconvened at 7:50 p.m. Councilman Patton stated that the City is legally bound by State law to sell the property at fair market value in the amount of $1,050, however, they will waive the attorney fees of $300. 12. Consider, Discuss and Possibly Act on Approving Ordinance #OS-12-12 - Sale of Strip of Land ( 2 Foot Encroachment) on the Office Building Located at 310 N. 3rd Street to Bolivar Water Supply. Councilman Patton made a motion to amend the ordinance to reflect the price from $1,350 to $1,050 for the property and waive the $300 attorney fees. Seconded by Councilman Stephens. Motion carried unanimously. 13. INFORMATION ITEMS: a) Library Report - July b) Animal Control Report - June (Revised) c) Animal Control Report - July d) Letter of Resignation from Councilwoman Marjory Johnson City Manager advised that Marjory Johnson accepted a job in Lewisville. 14. Adjourn. Mayor Muir adjourned the meeting at 7:55 p.m. MINUTES: EMERGENCY CITY COUNCIL MEETING August 24, 2012 PRESENT: Mayor Thomas Muir, Councilman Russell Martin, Councilman Gary Bilyeu, Councilman Scott Stephens and Councilman Rusty Martin ABSENT: City Secretary, Tami Taber OTHERS PRESENT: Mike Brice City Manager, Cheryl Price, Deputy City Secretary 1. Call Meeting to Order. Mayor Muir called the meeting to order at 9:06 A.M. REGULAR AGENDA 2. Consider, Discuss and Possibly Act on Opting in or Out of Aerial Spraying in the City of Sanger. City Manager Mike Brice summarized that he received a request from the County Judge Mary Horn to provide her with notice by noon Monday whether Sanger wants to be included in the West Nile aerial spraying mitigation efforts. He noted that Denton County advised that the spraying would be funded by State and Federal resources. Discussion ensued regarding the type of spray that world be used. Also treating the stagnant water around the city was a concern; and, it was noted that there is a larvicide tablet that the city has been using for standing water which is safe and effective. Councilmember Patton noted his concern about the residual damage the aerial spraying might cause. Councilman Bilyeu made a motion to opt in the City of Sanger for a one (1) time aerial spraying in conjunction with facilitating education of the public and treating larva in standing water with assistance of Code Enforcement. Motion was seconded by Councilman Martin. The motion carried with a three to one (3-1) vote. Voting in favor were Councilmembers Martin, Bilyeu, and Stephens. Voting against was Councilmember Patton. 3. Adjourn. The meeting adjourned at 9:35 A.M. MINUTES: EMERGENCY CITY COUNCIL MEETING August 27, 2012 PRESENT: Mayor Thomas Muir, Councilman Russell Martin, Councilman Gary Bilyeu and Councilman Scott Stephens ABSENT: Councilman Rusty Patton OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary 1. Call Meeting to Order. Mayor Muir called the meeting to order at 8:10 a.m. REGULAR AGENDA 2. Consider, Discuss and Possibly Act on Opting in or Out of Aerial Spraying and Other Options for Mitigating Mosquitoes in the City of Sanger. This was a follow up meeting to the one previously held on Friday, August 24, 2012, due to additional information being received from the County. Councilman Bilyeu made a motion to opt in to Denton County's current plan of aerial spraying of two times and to also generate public information. Seconded by Councilman Stephens. Motion carried unanimously. Adjourn. Mayor Muir adjourned the meeting at 8:27 a.m. 8/17/2012 7:33 AM A / P CHECK REGISTER PACKET: 05238 Regular Payments 8/16/12 OF VENDOR SET: 99 BANK PCOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAM£ / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO4 AMOUNT 10030 AMERICAN PLUS, INC I-41056 CHILL ITS- COLLINS TOWELS R 8/16/2012 122.43CR 051219 122.43 01550 ATMOS I-8/6/12 GAS SERVICE 7/2-8/6/12 R 8/16/2012 91.99CR 051220 91.99 00440 BRAZOS ELECTRIC I-26817-RI-1 JULY 2012 R 8/16/2012 10,879.52CR 051221 10,879.52 22300 CARD SERVICE CENTER I-AMERICAN AL 7/11 FLIGHT - AA- BALTIMORE R 8/16/2012 409.60CR 051222 I-APA ANCILLARY 7/27 TX APA CONFERENCE R 8/16/2012 425.000R 051222 I-CU.4MINS 7/16/12 GENERATOR PARTS FOR MEDIC R 8/16/2012 92.94CR 051222 I -FAMILY $ 7/31/12 SUPPPLIES FOR READING R 8/16/2012 22.000R 051222 I -LOVES 07/11/12 TRAVEL EXPENSES R 8/16/2012 76.51CR 051222 I -LOVES 7/11/12 TRAVEL EXPENSES R 8/16/2012 4.79CR 051222 I-LOWES 7/18/12 TOTER CART, BROOM, NOZZLE R 8/16/2012 139.90CR 051222 I -PESTICIDE APR 7/11 TEXAS 'AG ENT SERVICE R 8/16/2012 285.00CR 051222 I -SHELL TRAVEL EXPENSES R 8/16/2012 67.000R 051222 I -SUPER SAVE 7/05/12 STORY TIME SUPPLIES R 8/16/2012 11.70CR 051222 I -SUPER SAVE 7/13 STORY TIME SUPPLIES R 8/16/2012 10.30CR 051222 I -SUPER SAVE 7/13/12 STORY TIME SUPPLIES R 8/16/2012 1.93CR 051222 I -SUPER SAVE 7/31/12 SUPPPLIES FOR READING R 8/16/2012 67.09CR 051222 I-TEX ECO DEV 7/24 TX ROD DEV. MEMBERSHIP R 8/16/2012 450.000R 051222 I-USAIRWAY 7/10/12 AIRFARE IOMA CONF 10/7 R 8/16/2012 291.60CR 051222 I-EALMART 8/1/12 WAL-MART R 8/16/2012 20.64CR 051222 I-WENDY'S 7/11/12 TRAVEL EXPENSES R 8/16/2012 20.07CR 051222 2,396.07 *VOID* VOID CHECK V 8/16/2012 051223 **VOID" 12760 CINTAS, INC. 1-492674864 UNIFORMS IG/11-9/12 R 8/16/2012 69.65CR 051224 1-4926"920 UNIFORMS 10/11-9/12 R 8/16/2012 69.65CR 051224 139.30 00710 DATA BUSINESS FOR45 INC. I-87240 NAME PLATES FOR BOARD R 8/16/2012 40.99CR 051225 40.99 22400 DUNN, REECE I-DUNN 8/21/12 MEAL MONEY 8/21112 R 8/16/2012 12.50CR 051226 12.50 24120 EXPRESS PEST CONTOL I-322242-0 MOSQUITO FOGGING SERVICE R 8/16/2012 195.000R 051227 195.00 8/17/2012 7:33 AM A / P CHECK REGISTER PACKET: 05238 Regular Payraats 8/16/12 OF VENEOR SET: 99 BANK POOL POOLED CASR ACCOUNT PAGE: 2 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT NOR AMOUNT 18790 FUELMAN ' I-NP35326735 VEHICLE FUEL 8/6-8/12/12 R 8/16/2012 3,992.77CR 051228 3,992.77 05900 FULTON$ 1-000101172216 FLAT STRAP BRUSH TRUCK R 8/16/2012 10.70CR 051229 10.70 20220 INGRAM I-05919248 BOOKS R 8/16/2012 39.33CR 051230 39.33 03530 JAMES WOOD AUTOPARK, INC. I-VCCS933797 TIRE REPAIR R 8/16/2012 12.000R 051231 12.00 08210 KNIK FAR I-00001-01462613 INSPECTI0N SMALL R 8/16/2012 14.50CR 051232 14.50 08680 LOCKE SUPPLY I-18463052-00 AIR FILTERS R 8/16/2012 198.000R 051233 1-18463113-00 AIR FILTERS R 8/16/2012 8.88CR 051233 206.88 01920 NICHOLS, JACKSON, DILLARD,HAGER 6 SMITH, LIP 1-12060251 LEGAL SERVICE 7/31/12 R 8/16/2012 1,089.10CR 051234 1,089.10 22730 NOAH'S ARK ANIMAL SHELTER 1-7/28/2012 SHELTER SERVICE 7/3-1/10 R 8/16/2012 2,400.000R 051235 2,400.00 24040 NORTH TEXAS LIBRARY PARTNERS I-XFW9DKF45 DELL SERVER R 8/16/2012 134.65CR 051236 134.65 08690 O'REILLY AUTO PARTS I-1959-395066 SEAT COVER, SEALANT R 8/16/2012 56.95CR 051237 I-1959-395452 PAINT S PRIMER, WELDING, R 8/16/2012 42.64CR 051237 I-1959-395661 FUSES - HEADLIGHT ASSEMBL R 8/16/2012 18.07CR 051237 117.66 02970 OFFICE DEPOT 1-619710013001 INK PAPER R 8/16/2012 105.30CR 051238 105.30 09090 PERKINS ENTERPRISE I-2355 AIR ANALYSIS R 8/16/2012 137.50CR 051239 131.50 04240 PRATER, .+LIKE I -DEW AIRPORT 8/9/12 AIRPORT TOLL FEES R 8/16/2012 2.000R 051240 2.00 J 8/17/2012 7:33 AN A / P CHECK REGISTER PAGE: 3 PACKET: 05238 Regular Payments 8/16/12 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENEOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02120 QUILL, INC. I-4832102 OFFICE SUPPLIES R 8/16/2012 113.38CR 051241 113.38 02170 REINERT PAPER 6 CHEMICAL, INC. I-285946 CLEARING 6 BATHROOM SUPPL R 8/16/2012 51.65CR 051242 51.65 24810 RLC CONTROLS, INC I-3187 SCADA SYSTEM IMPROVE R 8/16/2012 11,400.000R 051243 I-3237 SCADA SYSTEM IMPROVE R 8/16/2012 70,585.00CR 051243 81,985.00 02690 TECHLINE, INC. I-1453292-01 POLES BASES, ETC R 8/16/2012 5,748.75CR 051244 I-1453634-00 POTHEAD TERMINATOR, ETC R 8/16/2012 2,282.40CR 051244 I-1453741-00 THIN COPPER S WIRE PROTEC R 8/16/2012 58.05CR 051244 8,089.20 08970 TEXAS METER 6 SEWER CO I-186510 PARTS 6 STOCK PARTS R 8/16/2012 290.48CR 051245 I-186605 PARTS 5 STOCK PARTS R 8/16/2012 59.40CR 051245 349.88 09040 THOMPSON, J RANDY 1-132891 3/8" DRIVE 6PT METRIC R 8/16/2012 479.96CR 051246 I-135279 UNDERHOOD LIGHT a WIRE R 8/16/2012 127.98CR 051246 I-135280 TOOL KI TFOR SERVICE TRUC R 8/16/2012 299.000R 051246 I-135281 UNDERHOOD LIGHT 6 WIRE R 8/16/2012 81.99CR 051246 988.93 02910 UPPER TRINITY - I-W271208 7/l/12-8/l/12 R 8/16/2012 22,524.19CR 051247 22,524.19 23760 VAULTLOGIX 1-839544 SERVER BACKUP R 8/16/2012 600.000R 051248 600.00 * * 1 0 T A L S * * NO8 DISCOUNTS CHECK MIT TOTAL APPLIED REGULAR CHECKS: 29 0.00 136,842.42 136,842.42 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 1 0.00 0.00 0.00 ICON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 30 0.00 136,842.42 136,842.42 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 8/22/2012 11:32 AM REFUNDS CHECK REGISTER PAGE: 1 PACKET: 05254 US - Refund VENDOR SET: 99 AT VENDOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR ------------------------------------------- I.D. NAME --------------------------------------------------------------------------------- TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 1 BROOKS, TOM 1-000201208224834 BROOKS, TOM R 8/22/2012 4.56 051290 4.56 1 CENTURY 21 JUNE FITE I-000201208224835 CENTURY 21 JUDGE FITE R 8/22/2012 21.87 051291 21.87 1 EGGERT, LINDA I-000201208224828 EGGERT, LINDA R 8/22/2012 92.49 051292 92.49 1 LGI HOMES - QUAIL RUN, LLD I-00020120822483E LGI HOMES - QUAIL RUN, LLC R 8/22/2012 149.09 051293 149.09 1 LGI HOMES - QUAIL RUN, LLC I-000201208224837 LGI HCFIES - QUAIL RUN, LLC R 8/22/2012 25/.02 051294 25/.02 1 MEAD, MICHELLE I-0002GI208224829 MEAD, MICHELLE R 8/22/2012 12.23 051295 12.23 1 MITCHELL, DALE I-000201208224831 MITCHELL, DALE R 8/22/2012 52.92 051296 52.72 1 TEXAS RANCH HANDS 1-000201208224833 TEXAS BUNCH HANDS R 8/22/2012 82.89 051297 82.89 1 THOMPSON, SHERRON I-000201208224832 THOMPSON, SHERRON R 8/22/2012 612.23 051298 612.23 1 WILLIAMS t WILLIAMS REALTORS 1-000201208224830 WILLIWS 6 WILLIAMS REALTORS R 8/22/2012 125.34 051299 125.34 ** B A N K T O T A L S ** NO$ DISCOUNTS CHECK AMT TOTAL APPLIE❑ REGULAR CHECKS: 10 0.00 1,410.44 1,410.44 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BANK TOTALS: 30 0.00 1,410.44 1,410.44 8/23/2012 8:04 AM A / P CHECK REGISTER PACKET: 05256 Regular Payments 8/22/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOk AMOUNT 15890 ALL AMERICAN SURVEYING I-14817 PREP EASEMENT R 8/23/2012 250.000R 051300 I-14818 PREP EASEMENT R 8/23/2012 400.000R 051300 650.00 19050 GE CAPITAL RETAIL RANK / AMAZON I-203270884404 DUDS - SUMMER PROGRAMMING R 8/23/2012 16.99CR 051301 16.99 CO270 ANIMAL HOSPITAL ON MILAM RD, P.C. I-141078 SABRINA: VET SERVICE R 8/23/2012 60.40CR 051302 60.40 02490 CENTURYLINK 1-8/10/2012 PHONE SERVICE 8/10-9/9 R 8/23/2012 1,380.66CR 051303 1,380.66 12760 CINTAS, INC. I-492681039 UNIFORMS 10/11-9/12 R 8/23/2012 69.65CR 051304 69.65 00600 CITY OF SANGER I-0940765 8/21/12 FILING FEES - PLAT R 8/23/2012 50.25CR 051305 50.25 00640 COMMERCIAL SERVICES I-SEPT 2012 ICE MACHINE LEASE 12MONTH R 8/23/2012 300.000R 051306 300.00 22650 ➢6S ENGINEERING LABS, PLLC I-12-7-000007 DENSITY TESTING R 8/23/2012 690.33CR 051307 690.33 10170 DIVERSIFIED INSPECTIONS, INC. I-214749-DIITL DIVERSIFIED INSPECTIONS R 8/23/2012 3,270.60CR 051308 3,270.60 17640 ➢OLLAR GENERAL - CHARGED SALES I-1000122455 OFFICE 6 CLEANING SUPPLY R 8/23/2012 41.90CR 051309 41.90 20980 EXPRESS SERVICES, INC. I-11347475-3 TEMP EMPLOYEES 8/5/12 R 8/23/2012 871.000R 051310 I-11376742-0 TEMP EMPLOYEES R 8/23/2012 910.000R 051310 1,781.00 19270 FAMILY DOLLAR I-07434016998526473 409, TP, FILTER, ETC. R 8/23/2012 49.55CR 051311 1-07434016998526474 409, TP, FILTER, ETC. R 8/23/2012 49.65CR 051311 99.20 24240 FIRST CHOICE SAND S GRAVEL, LOT I-1553 DUMP FEES/CONCRETE R 8/23/2012 40.000R 051312 I-1557 DUMP FEES/CONCRETE R 8/23/2012 20.000R 051312 60.00 8/23/2012 8:04 AM A / P CHECK REGISTER PAGE: 2 PACKET: 05256 Regular Payments 8/22/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT MOUNT NO$ AMOUNT 18790 FUELMAN I-NP35381320 VEHICLE FUEL 8/13-8/19/12 R 8/23/2012 3,483.35CR 051313 3,483.35 14820 GLOBAL EQUIPMENT COMPANY I-105009712 GARDNER BENDER TIES R 8/23/2012 485.75CR 051314 485.75 24840 GREENBELT ALLIANCE OF DENTON COUNTY I-GREENFELT 2012 SUPPORTING SPONSOR R 8/23/2012 500.000R 051315 500.00 02610 HD SUPPLY UTILITIES,LTD I-2041005-00 150W HPS 6 400W HPS LAMP R 8/23/2012 91.20CR 051316 I-2051605-00 SENSOR LINE POST R 8/23/2012 487.20CR 051316 I-2072773-00 SOCKET, WIRING HARNESS R 8/23/2012 553.000R 051316 1,131.40 19480 LUTHER A ASSOCIATES, INC I-37128 2011-2012 SAMPLE FEES R 8/23/2012 540.000R 051317 1-37156 2011-2012 SAMPLE FEES R 8/23/2012 1,432.50CR 051317 1,972.50 18760 INDIAN CAR WASH I-516920 CAR WASH VOUCHERS R 8/23/2012 700.000R 051318 700.00 21220 IRBY TOOL L SAFETY I-S006899544.002 ELBOW ARRESTOR, ETC R 8/23/2012 258.53CR 051319 I-S006914948.001 SPOOL INSULATOR R 8/23/2012 153.12CR 051319 411.65 1 KR4 MCCOM4ICK I .CCORM.ICK 8/18/12 MCCOR4ICK - DEPO R 8/23/2012 125.000R 051320 125.00 23870 MAIN STREET SIGNS 6 GRAPHICS I-7232MSG LETTERING FOR TAHOES R 8/23/2012 512.43CR 051321 512.43 19500 NAPA AUTO PARTS I-305296 FRONT L REAR BRAKE ROTORS R 8/23/2012 534.46CR 051322 534.46 24040 NORTH TEXAS LIBRARY PARTNERS I-EBOOK1015 FEDOK DEVELOPEMENT 6 COST R 8/23/2012 700.00CR 051323 700.00 08690 O'REILLY AUTO PARTS I-1959-397954 TRAILER BALL- HITCH R 8/23/2012 48.99CR 051324 48.99 24490 RANCH HAND FEED 6 SUPPLY 1-12637 CAT LITTER/COG L CAT FOOD R 8/23/2012 6.29CR 051325 6.29 8/23/2012 8:04 AM A / P CHECK REGISTER PACKET: 05256 Regular Payments 8/22/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DEBT TYPE DATE DISCOUNT AMOUNT N09 AMOUNT 11170 RICOH AM.ERICAS CORP:ODS I-21915309 2011-12 COPIER LEASE R 8/23/2012 205.33CR 051326 205.33 20950 SEMAPHORE CORPORATION I-201211 ZP4 DISC E CASS R 8/23/2012 131.000R 051327 131.00 21260 TEXAS DEPARTMENT OF STATE HEALTH SERVICES I-DSHS 8/15/12 TRAINING MANUAL R 8/23/2012 40.000R 051328 40.00 * * T O T A L S * ° NOS DISCOUNTS CHECK ART TOTAL APPLIED REGULAR CHECKS: 29 0.00 19,459.13 19,459.13 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 _. 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 11011 CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER T07ALS: 29 0.00 19,459.13 19,459.13 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 8/23/2012 8:08 AM A / P CHECK REGISTER PACKET: 05257 Regular Payments - 2009 - 8/22 PAGE: 1 VENDOR SET: 99 HANK 2009 2009 BOND CONSTRUCTION CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO§ AMOUNT 24540 2L CONSTRUCTION, LLC I-APP$2 SIMSS4TH SIMS S 4TH ST DRAINAGE R 8/23/2012 43,515.000R 001076 43,515.00 24650 BOWDEN'S GUARANTEED HYDROMULCH, INS 1-3013 HYDROSEED AREA R 8/23/2012 17,212.16CR 001077 17,212.16 * * T 0 T A L S * * NO$ DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 2 0.00 60,727.16 60,727.16 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 2 0.00 60,727.16 60,727.16 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 8/23/2012 8:18 AM A / P CHECK REGISTER PACKET: 05258 Regular Payments-4A- 8/22/12 VENDOR SET: 99 BANK 4A 4A SANGER IDC PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAI-M / I.D. DESC TYPE DATE DISCOUNT AMOUNT SOX AMOUNT 00600 CITY OF GAUGER I-082012 ADMINISTRATIVE FEES R 8/23/2012 15,500.000R 001343 15,500.00 * ' T 0 T A L S ' + NOX DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 15,500.00 15,500.00 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 LOU CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 1 0.00 15,500.00 15,500.00 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 8/23/2012 11:30 AM A / P CHECK REGISTER PACKET: 05261 Regular Payments 8/23/12 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 VENDOR NAME / I.D. DESC 21220 IRBY TOOL 6 SAFETY C-SO06899544.002-0 IRB'f- S A H CHARGES C-SO06914948.001-0 IRBY - S&H CHARGES I-8006899544.002 F.LHOW ARRESTOR, ETC I-SO06914948.001 SPOOL INSULATOR 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 CHECK CHECK TYPE DATE R 8/23/2012 R 8/23/2012 R 8/23/2012 R 8/23/2012 N04 DISCOUNTS 1 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 1 0.00 CHECK CHECK DISCOUNT MOUNT N09 MOUNT 11.73 051329 33.87 051329 258.53CR 051329 153.12CR 051329 366.05 CHECK ANT 366.05 0.00 0.00 0.00 0.00 0.00 0.00 366.05 TOTAL APPLIED 366.05 0.00 0.00 0.00 O.CO 0.00 0.00 366.05 8/28/2012 12:20 PM DIRECT PAYABLES CHECK REGISTER PACKET: 05260 Direct Payable, INSURANC PAGE: 1 VENDOR SET: 99 AP VENDOR SET BANK: EMP B EMPLOYEE BENEFIT FUND CHECK CHECK CHECK CHECK VENDOR ----------------------------------------------------------------------------------------------------------------------------- I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 24870 MINA I-10/l/2012 AETNA- OCT PREMIUM R 8/28/2012 25,719.00 000216 25,719.00 24890 BLOCK VISION OF TEXAS, INC I-1011/2012 BLOCK VISION- OCT PREMIUM R 8/28/2012 379.64 000217 379.64 24880 METLIFE I-10/1/2012 METLIFE - OCT PREMIUM R 8/28/2012 2,843.67 000218 2,843.67 `* B A N K T O T A L S * NO# DISCOUNTS CHECK ACTT TOTAL APPLIED REGULAR CHECKS: 3 0.00 28,942.31 28,942.31 BANDKRITTF,N CHECKS: 0 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BANK TOTALS: 3 0.00 28,942.31 28,942.31 DENTON COUNTY SHERIFFS OFFICE 1VIANDY SMITHERS 127 N. Woodrow Lane Denton, TX 7620S SENIOR PARALEGAL & CUSTODIAN OF RECORDS Phone (940)349-2390 Fax (940) 349-2392 mandy.sinithers@Rdentoncou ty.com TO: All Agencies FROM: Mandy Smithers DATE: August 14, 2012 SUBJECT: 2012-13 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System Attached is the 2012-13 Interlocal Agreement for Shared Governance Communications & Dispatch Services System. Cities may combine Police & Fire into one contract. Remember to send payments to the Denton County Auditor's Office at the address listed on the Exhibit C, Payment Worksheet. Please send 2 originals to our office when you have approved and signed Please return the contracts on or before October 10 2012. All contracts Will be presented to the Commissioners Court on Tuesday, October 23, 2012. They will be mailed back to the cities the following week after Commissioners Court approval Return signed contracts to: Mandy Smithers Denton County Sheriff's Office 127 N. Woodrow Lane Denton, TX 76205 Checklist for the forms: 1 Pa e 1 — Name of A enc 2 Page 4 — Name & Address of Agency 3 Page 6 — Signature Page Name & Address of Agency 4 Exhibit B — Fill in Name of A enc 5 Exhibit B — Sin Agreement 6 Exhibit C — Fill in Payment Worksheet 7 1Mail Signed Agreements to address listed above. Please call Mandy Smithers if you have any questionsl 940-349-2390 STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR SHARED GOVERNANCE COMMUNICATIONS & DISPATCH SERVICES SYSTEM This Interlocal Cooperation Agreement for Shared Governance Colrununications and Dispatch Services System, hereinafter referred to as "Agreement', is made by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as the "County", and Name of Agency: hereinafter referred to as "Agency". WHEREAS, the County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, the Agency is duly organized and operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agency; and WHEREAS, parties agree that the utilization of combined communications and dispatch services system will be in the best interests of both the County and the Agency, WHEREAS, the County and the Agency mutually desire to be subject to the provisions of the Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and NOW THEREFORE, the County and the Agency, for the mutual consideration hereinafter stated, agree and understand as follows: 1. PURPOSE. The Denton County Sheriff ("Sheriff") has the facilities to provide emergency telecommunications and dispatch services throughout Denton County. The Agency wishes to utilize the Sheriffs available telecommunications and dispatch services ("Services") during the term of this agreement. 2. ADVISORY BOARD. The Denton County Sheriff's Office will establish an Advisory Board for the Shared Governance Communication and Dispatch System "Advisory Board". The membership of the board shall be the Chief of each Agency, or designee. The Advisory Board may advise and make recommendations to the Sheriff and the Sheriffs Office on matters relating to the Communications Center, as well as the recommendations for the Annual Agency Workload and Cost Statistics, within the limitations set forth in paragraph 6.1, herein. 3. TERM OF AGREEMENT. The initial term of this Agreement shall be for a one year period beginning October 1, 2012 and ending on September 30, 2013. 4. TERMINATION OF AGREEMENT. Either party may terminate this agreement, with or without cause, after providing ninety (96) days written notice to the other party. Interlocal Cooperation Agreement for 2012-13 page 1 Shared Governance Communications & Dispatch Services System 5. ANNUAL SERVICE PEE. Each Agency shall pay to the County a fee for service for services based on the workload generated by the Agency. 5.1. Agency shall pay to County the Total Amount more fully described on Exhibit "A", the Agency Workload and Cost Statistics. 5.2. The Agency shall complete Exhibit "B", Agency Payment Worksheet, to identify the payment terms preferred by Agency. Agency is responsible for sending payments to County. 5.3. The fee for service will be based on the pro rata share of the workload generated by the Agency. 5.4. County agrees to.provide Agency a proposed service fees for the next budget/fiscal year as agreed by the parties. 5.5 If this Agreement is terminated prior to the expiration of the term of the Agreement, payment shall be pro -rated by written agreement between the parties. 6. COUNTY SERVICES AND RESPONSIBILITIES. The Comity agrees to provide the following services and responsibilities: 6A The Sheriff shall have the sole discretion as to the method of. providing the Services including, but not limited to the order of response to calls, and shall be the sole judge as to the most expeditious and effective manner of handling and responding to calls for service or the rendering thereof. The Sheriff shall have the sole discretion as to the method and final decision regarding the annual workload and cost statistics. The Sheriff will devote sufficient time to insure the performance of all duties and obligations set forth herein. 6.2 County shall furnish full-time communications services including a twenty-four (24) hours a day, seven (7) days a week public safety answering point, radio services, dispatching services, or law enforcement transmission originating from AGENCY requesting law enforcement and fire protection services and access to local, regional, state, and national data bases and telecommunications systems. 6.3 The services provided by County include the following: 6.3.1 twenty-four (24) hours a day, seven (7) days a week public safety answering point; 6.3.2. receiving emergency and routine calls for law enforcement, fire, and medical services; 6.3.3 directing a response to said calls by dispatching the appropriate law enforcement, fire, and medical services; 6.3.4. providing on -going communication support to the emergency personnel in the field; and 6.3.5 updating, maintaining, and managing the County owned radio communications system, computer systems, support files, and resource materials necessary to accomplish the above. 6.4 County may add new Agencies not currently served by Denton County at the discretion of Denton County and the Denton County Sheriffs Office. 7. AGENCY RESPONSIBILITIES. The Agency agrees to the following responsibilities: 7.1 Providing accurate current GIS data of the corporate limits and extraterritorial jurisdiction of the Agency. 7.2 Furnish County with a current list of all Officers and Reserves authorized Interlocal Cooperation Agreement for 2012-13 Page 2 Shared Governance Communications & Dispatch Services System by Agency to use the communications system. 7.3 Agency is responsible for the costs and upgrades associated with maintaining Agency's communication equipment. 7.4 Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes 7.5 Adherence to all Sheriff's Office communications rules and regulations. 7.6 Agency agrees to provide all necessary and required TLETS paperwork. See Exhibit "C". 7.7 Appoint representative and agree to participate in the Advisory Board. 7.8 Agency is responsible for sending payments to County as more fully described in Exhibit "B" to this Agreement. 8. AGREEMENT. The parties acknowledge they have read and understand and intend to be bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings, whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement. This Agreement may be amended only by written instrument signed by both parties. 9. AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance with the terms and conditions of this Agreement. 10. ASSIGNMENT. Neither party shall assign, transfer, or sub -contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. 11. AGENCY LIABILITY. The Agency understands and agrees that the Agency, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the County. The Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed by Texas law. 12. COUNTY LIABILITY. The County understands and agrees that the County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the Agency. The County shall not be required to indemnify nor defend Agency for any liability arising out of the wrongful acts of employees or agents of Agency to the extent allowed by Texas law. 13. DISPUTES/RECOURSE. County and. Agency agree that any disputes or disagreements that may arise which are not resolved at the staff level by the parties should be referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure of either Agency or County to perform and/or agree on proportionate reduction in fees shall be submitted to mediation, with the parties splitting the mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay Interlocal Cooperation Agreement for 2012-13 Page 3 Shared Governance Communications & Dispatch services system or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. 14. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit A Agency Workload and Cost Statistics Exhibit B TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM METS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT Exhibit C Agency Payment Worksheet 15. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 16. NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class Mail or by other reliable courier to the parties at the following addresses: County: 1 Denton County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton Texas 76201 2 Denton County Sheriff Denton County Sheriff's Office 127 N. Woodrow Lane Denton Texas 76205 3 Assistant District Attorney Denton County Criminal District Attorney's Office 127 N. Woodrow Lane Denton, Texas 76205 Name of Agency: Contact Person Address City, State, Zip Telephone Interlocal Cooperation Agreement for 2012-13 Page 4 Shared Governance Communications & Dispatch Services System 17. SEVERABILITY. The validity of this Agreement and/or any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be preformed and all compensation payable in Denton County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 18. THIRD PARTY. This Agreement is made for the express purpose of providing communications and dispatch services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by Iaw. This Agreement is not intended to create any liability for the benefit of third parties. 19. VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 20. WAIVER. The failure of County or Agency to insist upon the performance of any term or provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either party's right to assert or rely upon any such term or right, or future breach of such provision, on any future occasion. 21. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been properly authorized to sign on behalf of their governmental entity. 22. CURRENT FUNDS. All payments made by Agency to County pursuant to this Agreement shall be from current revenues available to Agency. 23. DISPATCH & COMMUNICATION RECORDS. The parties acknowledge that the Denton County Sheriff's Office may release dispatch and communication records of Agency pursuant to the Texas Public Information Act until such a time that the parties agree to transfer such responsibility to Agency. Interlocal Cooperation Agreement for 2012-13 Page 5 Shared Governance Communications & Dispatch Services System DENTON COUNTY, TEXAS Mary Horn, County Judge Denton County Commissioners Court 110 West Hickory, Room 4207 Denton, Texas 76201 (940) 349-2820 EXECUTED duplicate originals on this Approved as to content: Denton County Sheriff's Office Approved as to form: Assistant District Attorney Denton County Criminal District Attorney's Office AGENCY Signature EXECUTED duplicate originals on this Approved as to content: Agency Approved as to form: Attorney for Agency Interlocal Cooperation Agreement for 2012-13 Page 6 Shared Governance Communications & Dispatch Services System EXHIBIT "A" „ FY2011 Budget 1/2 Budget Amount $21294,727.00 $1,147,363.60 Cast by A enc % Workload * Workload Adjusted Amount ARGYLE PD �� 3.390% $38,894 $ 37,996 AUBR_EYPD _ 1.547% $17747 $ 10,315' BARTONVILLE PD 0.227% $2,608 $ 23295 CORINTH PD _ 10.439% ` $119,776 $ 71,289 DOUBLE OAK PD 1.021% $11,712 $ 12,983 HICKORY CREEK PD 3.676% $42,173 $ 21,91S JUSTIN PD 0.755% $8,663 $ 41893 KRUGERVILLEPD 1.304% $14 958 $ 5,935' KRUM PD 2.009% $23,055 $ 1945, LITTLE ELM PD ' 5.260% $60)351 $ 9,556 NORTHLAKE PD --- 3.661% $42,001 $ 32,001 OAK POINT PD .941 % —'.—._ $22, 774 PILOT POINT PD 2.161% $24,800 $ 16,047 PONDER PD 0.146% $1;677 $ 18 SANGER PD 2.616% $30,013 $ 423 TROPHY CLUB PD 4.457% $51,141 $ 40,778 ARGYLE FD 0.376% $4.317 $ 503 AUBREY FD 0.634% $71277 $ 456 JUSTIN FD 0.229% $2,628 $ 38 KRUM FD 0.314% $3,608 $ 113 LAKE CITIES FD 0.770% $8,831 $ 240 LITTLE ELM FD 0.703% $8,068 $ 616 OAK POINT FD 0.164% $1,887 $ 28- PILOT POINT FD 0.305% $3,504 $ 413 BANGER FD 0.400% $4,590 $ _ i I vLvo ry U.22u% $2;629 $ 183 I Totals 100.0000/0 $2,294.727 This document constitutes an agreement between the following parties: The Twenty -Four Hour Terminal Agency agrees to make entries into the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC) computers for the Non Twenty -Four Hour Terminal Agency. All records must be entered with the Twenty -Four Hour Agency's ORI, and all case reports and original warrants must be held at the Twenty -Four Hour Agency for hit confirmation purposes. The Non Twenty -Four Hour Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. The Twenty -Four Hour Agency reserves the right to suspend service to the Non Twenty -Four Hour Agency which may include canceling of records entered for the Non Twenty -Four Hour Agency when applicable policies are violated. The Twenty -Four Hour Agency may reinstate service following such instances upon receipt of satisfactory assurances that such violations have been corrected. In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non Twenty - Four Hour Agency agrees to maintain accurate records of all TCIC/NCIC entries made through the Twenty -Four Hour Agency and to immediately notify the Twenty -Four Hour Agency of any changes in the status of those reports to include the need for cancellation, addition, deletion or modification of information. The Twenty -Four Hour Agency agrees to enter, update and remove all records for the Non Twenty -Four Hour Agency on a timely basis, as defined by NCIC. In order to comply with NCIC Validation requirements, the Non Twenty -Four Hour Agency agrees to perform all validation procedures as required by NCIC on all records entered through the Twenty -Four Hour Agency. Either the Twenty -Four Hour Agency or the Non Twenty -Four Hour Agency may, upon thirty days written notice, discontinue this agreement. To the extent allowed by the laws of the State of Texas, the Non Twenty -Four Hour Agency agrees to indemnify and save harmless the Twenty -Four Hour Agency as well as the DPS, its Director and employees from and against all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrests or imprisonment or any cause of the Non Twenty -Four Hour Agency or its employees in the exercise of the enjoyment of this Agreement. In witness whereof, the parties hereto caused this agreement to be executed by the proper officers and officials DENTON COUNTY SHERIFF'S OFFICE AGENCY By: Benny Parkey 10 Title: Denton County Sheriff Title: Date: Date: E7�IIBIT «C" 2012-13 Budget Year AGENCY PAYMENT WORKSHEET Make checks payable to: Mail payments to: Communications Agreement Payments Denton County Auditor 401 W, Hickory, Suite 423 Denton, Texas 76201-9026 1 One Annual Pa ment (100%) Payment Plan Options 2 Two Payments (50%) Agency MUST 3 Four Pa ments (25%) Select One Pa ent Option 4 Twelve Monthly Pa ments 5 Other Payment Option Love your lease. _ August 17, 2012 City of Sanger Attn: Mike Brice 502 Elm Street Sanger, TX 76266 Re: FA Number: 10078026 Cell Site Name: B008/M082/SANGER 303 Acker Street, Sanger, TX 726266 (Property) Dear Mr. Brice, The enclosed documents are being provided to you in connection with the proposed AT&T Lease Amendment. Please call me at 858-964-0292 when you receive this package and I will guide you through the process of signing and notarizing the following: 1. Third Amendment to Option to Lease and Rater Tower Lease A reement (three originals): ❑ Complete the signature block with signatures and dates in the presence of a Notary Public; and ❑ Only authorized signatories may sign on behalf of an entity. A return -addressed, pre -paid Federal Express envelope is included for your convenience (to locate the nearest drop-off, call 800,463.3339 or visit www.fedex.com/dronoffl. Should you require the services of a mobile Notary Public, call 888.838.1458 or visit wniv.123notary.com to arrange for this service. Although we will be sending you a complete set of documents at the end of this transaction, you are free to make your own copies at this time if you wish. However, it is important that you return all of the original documents enclosed in this package. Please make sure that all of these documents are signed, notarized, and returned to Md7 within the next three days. Once all documents relating to this transaction have been fidly-executed, AT&T will provide you with a complete set of final transaction documents. If you have any questions regarding the enclosed documents, please contact me, your Md7 Lease Consultant, at 858-964-0292 or by email at troby@md7.com. Sincerely, Thomas Roby Lease Consultant Enclosures Mike Brice From: Robert Dillard <Rdillard@njdhs.com> Sent: Friday, June 22, 2012 4:00 FM To: 'Mike Brice' Subject: AT&T lease Mike: I don't see any particular problem with these new provisions, especially since it is unlikely the City will sell the water tower during the term of the lease. Robert L. Dillard, III Nichols, Jackson, Dillard Hager & Smith, LLP 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 214-965-9900 214-965-0010 Fax **Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone. Cell Site No.: 8417 Cell Site Name: B008/M082/SANGER Fixed Asset No.; 10078026 Market: N. TX THIRD AMENDMENT TO OPTION TO LEASE AND WATER TOWER LEASE AGREEMENT THIS THIRD AMENDMENT TO OPTION TO LEASE AND WATER TOWER LEASE AGREEMENT ("Amendment"), dated as of the latter of the signature dates below (the "Effective Date'), is by and between The City of Sanger, a Texas municipality, having a mailing address of 201 Bolivar, Sanger, Texas 76266 (hereinafter referred to as "Landlord"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referred to as "Tenant'). WHEREAS, Landlord and Tenant (or its predecessor) entered into a Option to Lease and Water Tower Lease Agreement dated January 15, 1998, as amended by a First Amendment to Option to Lease and Water Tower Lease Agreement dated June 24, 1999 and a Second Amendment to Option to Lease and Water Tower Lease Agreement dated July 28, 2008 «hereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 303 Acker Street, Sanger, Denton County, Texas (hereinafter, collectively referred to as the "Lease"); and WHEREAS, Landlord and Tenant acknowledge that through a series of mergers and acquisitions, New Cingular Wireless PCS, LLC is now the Tenant under the Lease; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the scope of Tenant's permitted use of the Premises; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the notice section thereof; and WHEREAS, Landlord and Tenant desire to amend the Lease to add provisions relating to Landlord's sale of Property and Rental Stream Offer (as defined below); and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as follows: I. Consideration. In consideration of Landlord's execution of this Amendment, Tenant shall pay to Landlord a one time payment within ninety (90) days of the Effective Date in the amount of One Thousand and 00/100 Dollars ($1,000.00). Cell Site No.: 8417 Cell Site Name: B008/M082/SANGER Fixed Asset No.: 10078026 Market: N. TX 2. Modification of Rent. Commencing on October 1, 2012, the Rent payable under the Lease increases by One Hundred and 00/100 Dollars ($100.00) per month. 3. Permitted Use and Improvements. Any other provision of the Lease to the contrary notwithstanding, Tenant's permitted use is hereby modified and Section 8(a) of the Lease is deleted and replaced in its entirety with the following: Tenant, its personnel, invitees, contractors, agents, subtenants, or its authorized sub lessees, or assigns may use the Premises for the transmission and reception of any and all communications signals and, at no additional cost or expense, to modify, supplement, replace, upgrade, expand all equipment, including but not limited to the number and type(s) of antennas, communications fixtures, and related equipment, cables, accessories and improvements, shelters or cabinets and fencing (collectively, the "Antenna Facilities"), or refurbish the equipment and/or improvements thereon, or relocate the same within the Premises at any time during the term of this Lease without Landlord's consent or approval or without amending the Lease, for any reason, or in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services or for any other reason, so long as these changes do not exceed the structural capacity of the Tower at this height or at Tenant's sole expense upgrade the structural capacity. Landlord shall reasonably cooperate in obtaining governmental and other use permits or approvals necessary or desirable for the foregoing permitted use. If Landlord does not comply with the terms of this section, in addition to any other rights it may have at law, Tenant may terminate this Lease and shall have no further liability to Landlord. If Landlord does not comply with the terms of this section, Tenant will have the right to exercise any and all rights available to it under law and equity, including the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant. Landlord and Tenant agree that the Modified Antennas or any portion of the Antenna Facilities or Premises that may be conceptually described in the exhibits or elsewhere in the Lease will not be deemed to limit Tenant's rights under this paragraph. 4. Sale of Property and Rental Stream Offer. a) Sale of Prop . If Landlord, at any time during the term of the Lease, decides to sell, subdivide or rezone any of the Premises (or any interest therein), all or any part of the Property or surrounding property (or any interest therein), to a purchaser other than Tenant, Landlord acknowledges and agrees that such sale, subdivision or rezoning shall be made subject to this Lease and Tenant's rights hereunder. Landlord agrees that it shall promptly notify Tenant in writing of such sale, subdivision or rezoning. b) Rental Stream Offer If at any time after the date of this Amendment, Landlord receives a bona fide written offer from a third party or receives a modified written offer from a third party seeking an assignment of the rental stream associated with this Lease ("Rental Stream Offer"), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within ninety (90) days after it receives such copy and representation to match the Rental Stream Offer and agree in Cell Site No.: 8417 Cell Site Name: B008/M082/SANGER Fixed Asset No.: 10078026 Market: N. TX writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right of first refusal or fails to provide written notice to Landlord within the ninety (90) day period, Landlord may assign the rental stream pursuant to the Rental Stream Offer, subject to the terms of this Lease. If Landlord attempts to assign or transfer rent payments without complying with this Section, the assignment or transfer shall be void, Tenant shall not be responsible for any failure to make payments under this Lease and reserves the right to hold payments due under this Lease until Landlord complies with this Section. c) If Landlord attempts to transfer ownership to a third party in accordance with (a) or (b) without fully complying with the terms and conditions of (i) and (ii), such a transfer shall be void and of no further force or effect. Landlord agrees to indemnify Tenant for any and all claims associated with such a purported transfer. (i) During the term of this Lease, any sale or transfer of the Property, by operation of law or otherwise, will be subject to the Lease and Tenant's rights thereunder. Any sale or transfer of real property which is now or may in the future be subdivided or otherwise separate from the Property and over which Tenant has the right of access or utility connections to the Premises will be subject to such rights. Landlord will notify Tenant of any sale or transfer, and will cause the transferee to execute any document(s) reasonably required by Tenant to memorialize Tenant's rights under the Lease, and to ensure proper notice and payment of rent to such transferee. Each party agrees upon written request of the other to promptly execute such truthful estoppels, non -disturbance and/or attormment agreements as may be necessary in the event of any sale or transfer of the Property. (ii) Exclusive of a sale or transfer subject to subsection (i) above, during the term of this Lease, Landlord will not assign, and will not bargain for or accept any offer to assign, any of its rights under the Lease , including the right to receive rent, from any third party not affiliated with Tenant, without the prior written consent of Tenant, which may be withheld in Tenant's commercially reasonable discretion. Tenant agrees upon the request of Landlord to review any bona fide offer received by Landlord of the nature described in this subsection and, if desirable in Tenant's commercially reasonable judgment, to (1) match the terms of such offer, or (2) bargain in good faith with Landlord for the purchase in fee of the Property or Premises, or the conversion of the Premises and any appurtenant easements or rights -of -way associated with the Premises to a perpetual easement, or other such arrangement as may be valid under the real property laws of the state where the Premises is located and which the parties may agree is equitable and desirable. 5. Acknowledgement, Landlord acknowledges that: 1) this Amendment is entered into of the Landlord's free will and volition; 2) Landlord has read and understands this Amendment and the underlying Lease and, prior to execution of the Amendment, was free to consult Cell Site No.: 8417 Cell Site Name: 11008/M082/SANGER Fixed Asset No.: 10078026 Market: N. TX with counsel of its choosing regarding Landlord's decision to enter into this Amendment and to have counsel review the terms and conditions of the Amendment; 3) Landlord has been advised and is informed that should Landlord not enter into this Amendment, the underlying Lease between Landlord and Tenant, including any termination or non -renewal provision therein, would remain in full force and effect. 6. Notices. a) Lease is hereby modified as follows: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: As to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site No.: 8417; Cell Site Name: B008/M082/SANGER (TX) Fixed Asset No.: 10078026 12555 Cingular Way Alpharetta, GA 30004 With a required copy to: New Cingular Wireless PCS, LLC Attn: Legal Department 15 East Midland Avenue Paramus, NJ 07652 Re: Cell Site No.: 8417; Cell Site Name: B008/1\4082/SANGER (TX) Fixed Asset No.: 10078026 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. b) In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord will send the below documents to Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make payments under the Lease and reserves the right to hold payments due under the Lease. (i) Old deed to the Property (ii) New deed to Property (iii) Bill of Sale or Transfer (iv) Copy of Current Tax Bill (v) New IRS Form W-9 (vi) Completed and signed AT&T Payment Direction Form (vii) Full contact information for new Lessor including all phone numbers Cell Site No.: 8417 Cell Site Name: 13008/M082/SANGER Fixed Asset No.: 10078026 Market: N. TX Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 7. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. S. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this Amendment on the dates set forth below. LANDLORD: The City of Sanger By: _ Name: Title: Date: TENANT: New Cingular Wireless PCS, LLC, A Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: _ Name: Title: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] Cell Site No.: 8417 Cell Site Name: B008IM0821SANGER Fixed Asset No.: 10078026 Market: N. TX LANDLORD'S ACKNOWLEDGEMENT REPRESENTATIVE CAPACITY STATE OF COUNTY OF SS. I certify that I know or have satisfactory evidence that the person who appeared before me, and said person acknowledged that said person signed this is instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary (Signature of Notary) (Legibly Print or Stanip Name of Notary) Notary Public in and for the State of My appointment expires: Cell Site No.; 8417 Cell Site Name: B008/M082/SANGER Fixed Asset No.: 10078026 Market: N. TX TENANT ACKNOWLEDGEMENT STATE OF ) COUNTY OF SS. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said acknowledged that fie signed this instrument, oil oath th stated that he was authorized to executeperson instrument and acknowledged it as the of New Cingular Wireless PCS, LLC, to be the free and volcpe and purposes mentioned in the instrument. DATED: Notary (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: '•"GO�'Z'jh, November General Election November 6, 2012 Early Votive Locations dates and times: Monday - Friday Saturday Sunday Monday — Friday Steven E Copeland Government Center 1400 FM 424, Cross Roads Justin Municipal Complex 415 N. College, Justin October 22 — 26 October 27 October 28 October 29 —November 2 Joseph A. Carroll Administration Building 401 W. Hickory, Denton Lake Dallas City Hall 212 Main Sheet, Lake Dallas Flower Mound Police and Municipal Court Building 4150 Kirkpatrick, Flower Mound Frisco Fire Station it7 330 W Stonebrook Pkwy., Frisco Denton County Administrative Complex— Health Department 535 S Loop 288, Denton 8am — 5pm 7am — 7pm 1pm — 6pm 7am — 7pm Lewisville Municipal Annex 1197 W. Main Street, Lewisville Carrollton Public Library 4220 N. Josey, Carrollton Frankford Town Hopes 18110 Marsh Ln., Dallas Highland Village Municipal Complex 1000 Highland Village Rd., Highland Village Argyle Town Hall 308 Denton St., Argyle The following early voting locations will ONLYbe open the dates and times listed: Svore Municipal Building Monday - Friday October 22 - 26 100 Municipal Drive, Trophy Club Saturday October 27 Monday —Friday October 29— November 2 Christ Community Church 6404 Paige Rd., The Colony First Baptist Church of Sanger 708 S. 5' St., Sanger First Baptist Church of Roanoke 209 N. Pine, Roanoke Corinth City Hall 3300 Corinth Pkwy, Corinth Monday - Friday Saturday Monday —Tuesday Wednesday Thursday — Friday Monday - Tuesday Thursday — Friday Saturday Sunday Monday— Wednesday Thursday Friday October 22 — 26 October 27 October 29 — 30 October 31 November I - 2 October 22 —23 October 25 — 26 October 27 October 28 October 29 — 31 November 1 November 2 8am — 5pm 7am — 7pm 7am — 7pm 8am — 5pm 7am — 7pm 7am — 7pm 7am — 5pm 7am — 7pm 8am — 5pm 8am — 5pm 7am — 7pm I pm — 6pm 7am — 7pm 7am — 5pm 7am — 7pm 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: City of Aubrey City of Dallas City of Denton City of Frisco City of Justin Town of Prosper City of Sanger This contract is made pursuant to Texas Election Section 11.0581 for a joint November 6, 2012 election to Administrator, hereinafter referred to as "Elections Administ Town of Trophy Club Northwest Independent School District Belmont Fresh Water Supply District No. 1 Belmont Fresh Water Supply District No. 2 Canyon'Falls MUD 1 Canyon Falls WCID 2 Sections 31.092 and 271.002 and Texas Education Code administered by Frank Phillips, Denton County Elections -:, KtG /ALS Each participating authority listed above plans to hold a, Special Election on November 6, 2012. Denton County plans to hold county -wide voting for a General Election. 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, 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: I. ADMINISTRATION 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. It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other joint election agreements and contracts for election services for those purposes, on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro -rated among the participants according to Section XI of this contract. Page 1 of 8 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. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. 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 the county, 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 a voting location is not available or appropriate, the Elections 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 November 6, 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 November 6, 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 November 6, 2012 election. This notice shall be written in both the English and Spanish languages. Page 2 of 8 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 2000 Census shall have one or more election officials who are 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, or his designee, 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 an 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 in support 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. 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, official ballots, 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. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. 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. Page 3 of 8 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 insofar as it pertains to that authority's candidates and/or propositions. Each participating authority shall be responsible for proofing and approving 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 with the appropriate school district ballot content appearing on the ballot first, followed by the appropriate city ballot content, followed by the appropriate water district ballot content, followed by the county's general election. Early Voting by Personal Appearance shall be conducted exclusively on Denton County's eSlate electronic voting system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Denton County's eScan voting system, unless the size of the ballot forces it to two pages, then they will only have use of the eSlate electronic voting system. The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. 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 the relevant employees upon hiring as required by Election Code 129.051(g). VI. EARLY VOTING 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 one 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. The address of the Early Voting Clerk is as follows: Frank Phillips, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 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 Page 4 of 8 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 127.005 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, Denton County Deputy Elections Administrator Alternate Judge: Paula Paschal, Denton County Contract Manager The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station 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. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or his designee, of the date of the canvass, no later than three days after Election Day. 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. Each participating authority agrees to upload these reports 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. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY The Elections Administrator shall administer only the Denton County portion of the elections held by the participating authorities. Page 5 of 8 X. 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 November 6, 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, December 8, 2011. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of polling places with Denton County. If a polling location is shared by more than one participating authority, the costs shall be pro -rated equally among the participants utilizing that polling place. 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. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each participating authority's voters. 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. XII. 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. XIII. 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. Page 6 of 8 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. XIV. 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 Efections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. 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. 5. In the event that one of 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. XVI. 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 the agreement is executed. The exact amount of each participating Page 7 of 8 authority's obligation under the terms of this agreement shall be calculated after the November 6, 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: Political Subdivision Estimated Cost Deposit Due City of Aubrey City of Dallas City of Denton Town of Double Oak City of Frisco City of Justin Town of Prosper City of Sanger Town of Trophy Club Belmont FWSD 1 Belmont FWSD 2 Canyon Falls MUD 1 Canyon Falls WCID 2 Rev. 08.28.2012 3:20 pm Page 8 of 8 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 September, 2012 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the day of September, 2012 been executed on behalf of the City of Sanger pursuant to an action of the City Council so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: FRANK PHILLIPS ACCEPTED AND AGREED TO BY THE City of Sanger, City Council: APPROVED: ATTESTED: Thomas Muir, Mayor Tami Taber, City Secretary ITEMS Chris Felan Vice President Rates & RequlatorvAffairs August 24, 2012 TO THE GOVERNING BODY OF ALL MUNICIPALITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION On August 24, 2012, Atmos Energy Corp., Mid -Tex Division (the "Company"), filed its Annual Gas Cost Reconciliation Filing for the twelve month period ended June 30, 2012. This report has been prepared in accordance with the Order of the Railroad Commission of Texas under Gas Utilities Docket No. 9400. This report reconciles the Company's expenditures for gas with the billing of those costs to residential, commercial, and industrial customers for the period noted above. This filing is for informative purposes only and no action is required on your city's part. Enclosed is a copy of the schedules filed with the Commission. Should you have any questions, please contact me at 214-206-2568. Sincerely, LYE Chris Felan Vice President, Rates and Regulatory Affairs Atmos Energy, Mid -Tex Division Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 214-206-2568 F 214-206-2126 Christopher.Felan@almosenergy.com ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 TABLE OF CONTENTS Document Title I Document Description Schedule 1 Calculation of Reconciliation Factor Schedule 2 Summary of (Over)/Under Recovery Schedule 3 Gas Cost Incurred Schedule 4 Gas Cost Incurred - By Month Schedule 5 Gas Cost Billed Schedule 6 Summary of Net Gas Cost Written Off Schedule 7 Interest Calculation Schedule 8 Estimated Volume Calculation for (Refund)/Surcharge Schedule 9 Summary of (Over)/Under Recovery from Previous Filing Schedule 10 Lost And Unaccounted For Gas ("LUG') Calculation WP/Billed Gas Cost Gas Cost Billed - By Month WP/LUG-Related Mcf LUG -Related Volumes/Quantities - By Month Schedule 1 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 CALCULATION OF RECONCILIATION FACTOR Line No. Description Amount Reference (a) (b) (c) 9-MONTH REFUND PER GUD 9400 (Oct - Jun) 1 Total Amount to (Refund)/Surcharge Total Estimated Rate R, Rate C and Rate I Mcf Reconciliation Factor 5-MONTH ALTERNATIVE PROPOSAL (Nov - Mar) 6 Total Amount to (Refund)/Surcharge 7 8 Total Estimated Rate R, Rate C and Rate I Mcf 9 10 Reconciliation Factor (5,807,829) Schedule 2, Col. (b), Line 13 114,529,020 Schedule 8, Col. (b), Line 11 $ (0.0507) Line 1 divided by Line 3 (5,807,561) Schedule 2, Col. (c), Line 13 90,466,035 Schedule 8, Col. (b), Line 6 $ (0.0642) Line 6 divided by Line 8 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 SUMMARY OF (OVER)/UNDER RECOVERY Schedule 2 5-Month Alternative 9-Month Per GUD 9400 Proposal Line No. Description Amount Amount Reference (a) (b) (c) (e) 1 Gas Cost Incurred 2 3 Gas Cost Billed 4 5 Total Gas Cost (Over)/Under Recovered 6 7 Amount Remaining from Previous Filing 8 9 Net Gas Cost Written Off 10 11 Interest 12 13 Total Amount to (Refund)/Surcharge $ 421,216,125 $ 429,916,068 421,216,125 429,916,068 $ (8,699,943) $ (8,699,943) 507,248 507,248 2,387,791 2,387,791 (2,925) (2,657) $ (5,807,829) $ (5,807,561) Schedule 3, Col. (c), Line 17 Schedule 5, Col. (e), Line 14 Line 1 minus Line 3 Schedule 9, Col. (b), Line 7 Schedule 6, Col. (h), Line 13 Schedule 7, Col. (f), (i), Line 27 Line 5 plus Line 7 plus Line 9 plus Line 11 Schedule 3 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 GAS COST INCURRED No. Account Description Amount (a) (b) (c) Schedule 4, Col. (n) 1 800 Natural Gas Well Head Purchases $ 2 801 Natural Gas Field Line Purchases 3 802 Natural Gas Gasoline Plant Outlet Purchases (1,115,479) 4 803 Natural Gas Transmission Line Purchases 416,710,859 5 805 Other Gas Purchases (163,992) 6 806 Exchange Gas (4,959,945) 7 808.1 Gas Withdrawn From Storage- Debit 55,357,176 8 808.2 Gas Delivered To Storage - Credit (44,644,427) 9 812 Gas Used for Other Utility Operations - Credit (75,216) 10 858 Transmission and Compression of Gas by Others 588,341 11 12 13 Total Gas Cost Incurred $ 421,697,317 14 15 805 Less: Total Imbalance Fees (1) $ 481,192 16 17 Total Gas Cost Less Imbalance Fees $ 421,216,125 18 19 20 Note: 21 1. Reference Schedule 4, Line 19. ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 SL'FYKiI9u1PP19T:7.�iE�litR�I�Yi71 Line FERC No Account Jul-11 Au -11 So -11 Oct-11 Nov-11 Do.-1 I (a) (b) (0) (d) (e) (f) (g) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 800 - Natural Gas Wall Head Purchases $ - $ - $ - $ - $ - $ - 801 - Natural Gas Field line Purchases - - - - - - 802 - Natural Gas Gasoline Plant Outlet Purchases 558,011 558,011 540,015 (6,413) (2,765,103) - 803- Natural Gas Transmission Line Purchases 24,817,962 24,578,429 21,297.111 27,614.931 39,596,917 82,942.217 805- Other Gas Purchases-Curtallment Overpull - - - - - - 805- Other Gas Purchases-CNG Charges - - - 303 (303) - 805- Other Gas Purchases -Other Gas Costs (985) - - - - - 805- Other Gas Purchases -Recovery of Gas Loss (11,173) (29,334) (23,729) (11,744) (10,913) (14,322) 806-Exchange Gas (74,688) (2,990,720) (263,826) 1.596,959 (188,301) (822,621) 808.1- Gas Withdraws From Storage - Debit - - - 10,854,231 13,104,460 808.2- Gas Delivered To Storage -Cmtlit (6,625,464) (6.598,404) (5.026,656) (7,006,076) (615,550) (5,371.318) 812- Gas Used for Other Utility Operation- Credit (3.164) (4,756) (6,497) (5,024) (7,872) (13,265) 858- Transmission and Compression of Gas -Demand Storage - - - 55,000 - 55,000 858 -Transmission and Compression of Gas by Others - - - 3,954 12,903 38,344 ToWI Gas Cost Incurred $ 18,660,500 $ 15,513,226 $ 15,516,418 $ 22,241,891 $ 46,676,009 $ 89,918,495 Total Imbalance Foos (1) $ 33,777 $ (13,091) $ 33,676 $ 47,194 $ 61,794 $ 56,429 Total Gas Cost Less imbalance Fees $ 18626723 $ 15526317 $ 15482742 $ 22194697 $ 46614215 $ 89862066 Note: 1. Excluded pursuant to Railroad Commission letter directive, March 3, 2006. Schedule 4 Page 1 of 2 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 GAS COST INCURRED - BY MONTH Line FERC No Account Jan-12 Feb-12 Mar42 A r-12 Ma -12 Jun 12 Amount (a) (h) m In (k) (0 (m) (n) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 800-Natural Gas Well Head Purchases $ - $ - $ - $ - $ - $ - $ - 801 - Natural Gas Field Line Purchases - - - - - - - 802 - Natural Gas Gasoline Plant Outlet Purchases - - - - - - (1,115,479) 803-Natural Gas Transmission Line Purchases 71,324,309 53,928,110 27,767,171 15,271,452 14,171,939 13.400,312 416.710.059 805- Other Gas Purchases -Curtailment Over -pull - - - - - - - 805- Other Gas Purchases-CNG Charges - - - - - - - 805- Other Gas Purchases -Other Gas Costs - - - - - - (985) $05-Other Gas Purchases -Recovery of Gas Loss (3,459) (14,706) (8,572) (18,138) (10,297) (6,620) (163,007) 806-Exchange Gas 1,580,738 (1,728,319) (1,119,709) (517,329) (1,270,882) 8$8,752 (4,959,945) 808.1- Gas Withdrawn From Storage - Debit 11,209,120 14.553,404 5,635,972 (11) - - 55,357,176 8082- Gas Delivered To Storage - Credit 12,119,022) 1807,516) (120,487) (2,754,952) (2.955,881) (3,443,102) (44,644,427) 812- Gas Used for Other Utility Operation- Credit 114,257) (9,287) (4,626) (1,839) (2,233) (2,3981 (75,216) 858- Transmission and Compression of Gas -Demand 91or 55,000 55,000 55,000 - - 275,000 858- Transmission and Compression of Gas by Others 71,117 69,378 60,673 40,235 16,737 - 313,341 Total Gas Cost Incurred $ 82103 547 $ 66,046,064 $ 32,265,423 $ 12 019 418 $ 9,949,383 $ 10 786 943 $ 421 697 317 Total Imbalance Fees(1) $ 63700 $ 49243 $ 44177 $ 42467 $ 38203 $ 23623 $ 481192 Total Gas Cost Less Imbalance Foes $ 82039847 $ 65996821 $. 32221246 $ 1/976951 $ 9911180 $ 10763320 $ 421216125 Note: 1. E elude l pursuant to Railroad Commission letter directive, March 3, 2006. Schedule 4 Page 2 of 2 Schedule 5 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 GAS COST BILLED Billed Volumes/Quantities Line No. Month-Yr Rate R (Mcf) Rate C (Mcf) Rate 1 (MMBtu) Total Gas Cost Recovered (1) (a) (b) (c) (d) (e) 1 July-11 1,885,773 2,560,221 141,682 $ 16,040,810 2 August-11 1,615,907 1,888,679 155,359 18,787,951 3 September-11 1,645,596 2,189,947 173,619 20,091,086 4 October-11 1,918,833 2,395,208 198,507 23,051,247 5 November-11 4,376,372 3,435,376 279,194 39,256,791 6 December-11 12,122,035 6,283,457 457,959 81,125,732 7 January-12 15,578,272 7,865,795 431,414 90,810,081 8 February-12 12,509,576 6,652,629 377,580 62,552,874 9 March-12 8,617,642 5,092,122 270,408 36,352,564 10 April-12 3,436,797 3,206,556 194,197 17,774,874 11 May-12 2,191,902 2,545,429 183,415 11,796,685 12 June-12 2,271,251 2,668,246 165,263 12,275,373 13 14 Total 68,169,954 46,783,665 3,028,597 $ 429,916,068 15 16 17 18 Note: 19 1. Reference Workpaper WP/Billed Gas Cost, column (i ) Schedule 6 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 SUMMARY OF NET GAS COST WRITTEN OFF All Areas For The Period of July, 2011 -June, 2012 Line Gas Cost Written Tax and Other Gas Cost No. Month-Yr Off Margin Written Off Written Off Total Written Off Collected Margin Collected Net Cumulative Net (a) (b) (c) (d) (e)=(b)*(c)*(d) (f) (g) (h)=(b)*(fl (i) 1 July-11 644,009 765,104 22,044 1,431,157 (37,285) (78,166) 606,724 606,724 2 August-11 394,155 493,171 14,701 902,027 (33,280) (94,774) 360,875 967,599 3 September-11 328,301 579,176 14,479 921,957 (50,827) (124,038) 277,474 1,245,073 4 October-11 160,128 290,387 8,084 458,599 (76,100) (178,880) 84,028 1,329,101 5 Novemberv11 105,699 278,246 7,510 391,454 (109,161) (233,002) (3,462) 1,325,639 6 December-11 250,810 545,695 14,843 811,348 (78,510) (178,180) 172,300 1,497,939 7 January-12 171,165 312,415 17,579 501,158 (54,661) (142,947) 116,503 1,614,443 8 February-12 88,783 247,956 7,900 344,639 (90,210) (233,554) (1,427) 1,613,016 9 March-12 127,160 315,929 8,351 451,440 (37,160) (134,080) 90,000 1,703,016 10 April-12 160,340 208,129 (13,484) 354,986 (35,966) (107,858) 124,374 1,827,390 11 May-12 270,171 429,705 37,256 737,132 (39,607) (96,871) 230,564 2,057,953 12 June-12 359,715 592,649 18,113 970,477 (29,877) (92,174) 329,837 2,387,791 13 Total $ 3,060,436 $ 5,058,562 $ 157,376 $ 8,276,374 $ (672,645) $ (1,694,523) $ 2,387,791 14 15 16 Note: 17 1. Amounts in columns (b) Gas Cost Written Off and (f) Gas Cost Collected relate to customer bills rendered on or after February 1, 2008. For purposes of 18 this filing only, the Company does not seek recovery of bad debt gas cost for bills rendered prior to February 1, 2008 because Rider GCR part costs were 19 not accounted for separately in the Company's billing system prior to February 1, 2008. Therefore, any gas cost related to bills issued prior to 20 February 1, 2008 will be included in columns ( c ) Margin Written Off and (g) Margin Collected. Schedule 7 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 INTEREST CALCULATION 9-Month Per GUD 9400 5-Month Alternative Proposal Line Month/ Monthly (Over)/ Cumulative (Over)/ Interest Amount of Refund)/ Monthly Cumulative (Over)/ Amount of (Refund)/ Monthly No. Year Under Recovery(1) Under Recovery Rate (2) Surcharge (3) Interest (4) Under Recovery Surcharge (5) Interest (4) (a) (b) (c) (d) (e) M (g) (h) (i) 1 July-11 $ 3,192,637 $ 3,192,637 0.190% $ 515 $ 3,192,637 $ 515 2 August-11 (2,900,759) 291,878 0,190% 47 291,878 47 3 September-11 (4,330,870) (4,038,992) 0.190% (631) (4,038,992) ) 4 October-17 (772,522) (4,817,514) 0.190% (776) (4,811,514) (776778) 5 November-11 7,353,962 2,542,448 0.190% 397 2,542,448 397 6 December-11 8,908,634 11,451,082 0.190% 1,848 11,451,082 1,848 7 January-12 (8,653,730) 2,797,352 0.120% 285 2,797,352 285 8 February-12 3,442,520 6,239,872 0.120% 595 6.239,872 595 9 March-12 (4,041,318) 2,198,554 0.120% 224 2,198,554 224 10 April-12 (5,673,549) (3,474,995) 0.120% (343) (3,474,995) (343) 11 May-12 (1,654,941) (5,129.936) 0.120% (523) (5,129,936) 523) 12 June (1,507,248 (5,804,904) 0.120% (623) (5,804,904) (623) 13 Balance Beg. Balance Prior Filing (6) 507,248 (5,804,904) 0.120% - (5,804,904) 14 July-12 (5,804,904) 0,120% (592) (5,804,904) (592 15 August-72 (5,804,904) 0.120% (592) (5,804,904) (592) 16 September-12 (5,804,904) 0.120% (573) (5,804,904) (573) 17 October-12 (5,205,627) 0.120% (373,801) (513) (5,331,676) (592) 18 November-12 (4,320,525) 0.120% (373,801) (440) (5,331,676) (429) 19 December-12 (3,085,895) 0.120% (315) (2,648,119) ,120,530) (1,563,028) (270) 20 Janua 13 January- (3,085,895) 0.120% ,234,630) (1,234,630 ) (171) (1,093,171) (1,554,947) (101) 21 February-13 (1,857.648 J 0.120% (1(863,492) (101) (1,093,171) (1,093,171) (101) 22 March•73 (994,156) 0.120% (863,492) (101) - (1,093,171) 23 April-13 (527,288) 0.120% (466,868) (62) 24 May-13 (237,408) 0.120% (289,880) (24) 25 June-13 - 0.120% (237,408) 26 27 Total $ (5,804 904) $ (5,804,904) $ (2,925) $ (5,804,904) $ (2 657) 28 29 30 Notes: 31 1. Reference Schedule 4 (Gas Cost Incurred), Line 22 (by month) minus Schedule 5 (Gas Cost Billed). column (e) by month 32 Schedule 6 (Net Gas Cost Written Off), column (h) by month, plus 33 2. Interest rate is based on the PUCT/RRC rate on customer deposits. 34 3. Reference Schedule 8, column (b) by month divided by Schedule 8, line 11 multiplied by Schedule 7 fine 27, column (b). 35 4. The monthly interest amount is calculated by taking column (c) x column (d), divided by 36 366 days in the year x the total number of days in each month. 37 S. Reference Schedule 8, column (b) by month divided by Schedule 8, column (c) line 6 multiplied by Schedule 7line 27, column (b). 38 6. Reference Schedule 9. Line No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 ESTIMATED VOLUME CALCULATION FOR (REFUND)/SURCHARGE Total Estimated Volume Sub - Totals Time Periods (c) (d) October-12 4,448,580 November-12 7,374,983 December-12 17,462,799 January-13 24,358,872 February-13 24,232,946 March-13 17,036,435 90,466,035 5-month Sub -Total (Nov. -Mar.) April-13 9,211,169 May-13 5,719,242 June-13 4,683,994 Total for 9 months 114,529,020 Note: 1. Source - MidTex 2012 Forecasted Volumes from Mid -Tex Finance Schedule 8 Schedule 9 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 SUMMARY OF (OVER)/UNDER RECOVERY FROM PREVIOUS FILING (a) (b) (c)., Prior (Over)/Under Gas Cost Recovery $ 5,234,820 Prior Gas Cost Reconciliation Amount (Refunded) /Surcharged to Customers 4,731,157 For the Periods October, 2011 through June, 2012 Interest 3,585 Total Amount to (Refund)/Surcharge from Previous Filing $ 507,248 Line 1 minus Line 3 plus Line 5 Schedule 10 ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 LOST AND UNACCOUNTED FOR GAS ("LUG') CALCULATION Line No. Description Mcf or Percent Reference (a) (b) (c) 1 Net Purchase Volume 121,018,445 WP/LUG-Related Mcf Col (d), Ln 13 2 Less: Total Sales Volume 117,963,822 WP/LUG-Related Mcf CoI (h), Ln 13 3 Less: Company Use Volume 19,715 WP/LUG-Related Mcf Col (i), Ln 13 4 LUG Volume 3,034,908 Line 1 minus Lines 2 and 3 5 LUG Percent 2.51% Line 4 divided by Line 1 it WP/Billed Gas Cost ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 GAS COST BILLED - BY MONTH Lino Ia m No. Month-Yr Volume Amount Volume Amount Volume Amount Volume Amount (a) (b) (c) (a) (a) (1) (9) 1 Jul-11 1,885,773.3 $ 6,660,873.99 2,560,220.5 $ 6,964,815.29 141,682.0 $ 515,121.08 4,587,675.8 $ 16,040,810.36 2 3 Aug-11 1,615,907.2 $ 8,199,223.46 1,888,679.0 $ 9,871,287.87 155,359.0 $ 717,439.61 3,659,945.2 $ 18,787,951.14 4 5 SOP-11 1,545,596.0 $ 8,248,199.60 2,189,947.2 $ 10,989,998.00 173,619.0 $ 852,888.71 4,009,162.2 $ 20,091,086.31 6 7 Oct-11 1,913,832.5 $ 9,809,752.78 2,395,208.1 $ 12,253,739.99 198,507.0 $ 987,753.88 4,512,547.6 $ 23,051,246.65 8 9 Nov-11 4,376,372.3 $ 21,225,285.49 3,435,376.3 $ 16,708,780.29 279,194.0 $ 1,322,724.14 8,090,942.6 $ 39,256,790.92 10 11 Dec-11 12,122,034.8 $ 52,119,818.76 6,283,457.1 $ 27,080,958.43 457,959.0 $ 1,924,954.91 18,863,450.9 $ 81,125,732.10 12 13 Jan-12 15,57$,271.5 $ 59,200,603.26 7,065,794.8 $ 30,007,305.72 431,414.0 $ 1,602,171.86 23,875,480.3 $ 90,810,060.84 14 15 Fo1N2 12,509,575.9 $ 40,028,861.44 6,662,629.2 $ 21,340,186.40 3T,580.0 $ 1,183,826.37 19,539,785.1 $ 62,552,874.21 16 17 Mar-12 $,617,641.6 $ 22,402,466.82 5,092,121.$ $ 13,260,451.19 270,408.0 $ 689,635.53 13,980,171.4 $ 36,352,563.54 18 19 Apr-12 3,436,796.5 $ 8,935,749.63 3,206,565.9 $ 8,349,712.47 194,197.0 $ 489,411.64 6,837,549.4 $ 17,774,873.74 20 21 May-12 2,191,901.9 $ 6,252,271.14 2,545,429.0 $ 6,113,370.05 183,415.0 $ 431,043.45 4,920,746.9 $ 11,796,684.64 22 23 Jun-12 2,271,250.6 $ 5,446,665.58 2,658,245.8 $ 6,441,701.08 155,263.0 $ 387.006.58 5,104,759.4 $ 12,275,373.24 24 25 Grand Total 681699sm $ 24742977295 46783664.7 S 171WZ316.78 30285970 $ 1110397796 1179822168 $ 429,916,067.69 Line No. Mi 9 10 11 12 13 WP/LUG-Related Mcf ATMOS ENERGY CORP., MID-TEX DIVISION ANNUAL GAS COST RECONCILIATION FILING FOR THE PERIOD ENDED JUNE 30, 2012 LUG -RELATED VOLUMES/QUANTITIES - BY MONTH Net Purchases Net Purchase Btu Net Purchase MMBtu Factor Mcf (b) July-11 4,332,275 1.006 4,306,708 August-11 3,612,011 1.005 3,592,619 September-11 3,931,554 1.005 3,913,747 October-11 6,076,894 1.015 5,988,282 November-11 12,241, 399 1.007 12,150,746 December-11 24,503,960 1.004 24,408,198 January-12 23,164,108 1.004 23,069,686 February-12 19,177, 845 1.003 19,120,693 March-12 9,547,434 1.003 9,515,764 April-12 5,872,286 1.003 5,852,162 May-12 4,879,037 1.007 4,845,509 June-12 4,286,389 1.008 4,254,331 Total 121, 625,193 121, 018, 445 Billed Volumes/Quantities Rate C Industrial Total Rate R (Mcf) (Mcf) (Mcf) (Mcf) (e) (0 (g) (h) 1,885,773 2,560,221 140,523 4,586,517 1,615,907 1,888,679 153,732 3,658,318 1,645,596 2,189,947 172,319 4,007,862 1,918,833 2,395,208 197,266 4,511,307 4,376,372 3,435,376 278,594 8,090,342 12,122,035 6,283,457 456,612 18,862,104 15,578,272 7,865,795 429,894 23,873,961 12,509,576 6,652,629 375,349 19,537,554 8,617,642 5,092,122 268,889 13,978,653 3,436,797 3,206,556 192,303 6,835,656 2,191,902 2,545,429 181,258 4,918,589 2,271,251 2,668,246 163,464 5,102,961 68,169,954 46,783,665 3,010,203 117,963,822 Company Use Mcf (i) 930 951 1,299 977 1,608 3,065 3,708 2,843 1,749 695 913 976 19,715