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10/03/2011-CC-Agenda Packet-Regulara_Netl CS T2AS AGENDA CITY COUNCIL MONDAY, OCTOBER 3, 2011 7:00 PM 502 ELM STREET Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section), CONSENT AGENDA 3. a) Approval of Minutes: September 6, 2011 - Work Session (Page 3) September 6, 2011 - Council Meeting (Pages 4-5) b) Disbursements (Pages 6-21) 4. Consider any Items Removed From Consent Agenda. 5. Consider, Discuss and Possibly Act on Approving an Interlocal Agreement for Library Services Between the City of Sanger and Denton County. (Pages 22-31) 6. Consider, Discuss and Possibly Act on Approving Section 8 Housing Assistance Payment Program - Local Operator Contract Between the City of Sanger and the Texas Department of Housing and Cmumunity Affairs (TDHCA). (Pages 32-54) REGULAR AGENDA 7. Consider, Discuss and Possibly Act on Approving a Request for a Variance from Section 3.1407 Sign Regulations for a Pole Sign in Excess of the Maximum 150 Square Feet at 807 Utility Road (Latham Stairs and Cabinets). (Pages 55-57) 8. Conduct First Public Hearing to Consider Annexing 556 Acres on the West Side of Interstate 35 (Stemmons Freeway) Extending Front Lois Road North to the Denton County - Cooke County Boundary. (Pages 58-60) 9. Consider, Discuss and Possibly Act on Approving Advertisement Covering the City of Sanger SCADA System. (Pages 61-63) 10. Consider, Discuss and Possibly Act on Approving Ordinance #10-35-11 - Providing for the Taxation of Goods -in -Transit. (Pages 64-69) 11. Consider, Discuss and Possibly Act on Approving Ordinance 910-36-11 - Abandoning the Right -of - Way on 13th Street Between Bolivar Street and Elm Street. (Pages 70-73) 12. Consider, Discuss and Possibly Act on Approving Contract for Landscape Architectural Services Between the City of Sanger and Dunkin Sims Stoffels, Inc. (Pages76-85) 13. INFORMATION ITEMS: a) Financial and Investment Report — August (Pages 87-93) b) Library Report — August (Pages 94-97) c) Animal Control Report - August (Page 98) d) Alums Notice of Revenue Neutral Modification to Atmos Energy Corp., Mid -Tex Division's Rider GCR (Pages 101-104) e) Rider GCR - Rate Filing Under Docket No. 9762 (Pages 99-100) 14. Adjourn. 1, 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 public at all times, and said notice was posted on the following date and time: ;-,?O / f at Ht ,m, and shall remain posted until meeting is, adjourned. Tami Taber, City Secretary City of Sanger, Texas j.f This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. 11% MINUTES: CITY COUNCIL WORK SESSION SEPTEMBER 6, 2011 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilycu and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Finance Director Katie Griffin, Austin Farmer with Retail Coach and James Fitts with Weaver and Tidwell LLC 1. Call Meeting to Order. Mayor Muir called the meeting to order. 2. Update From the Retail Coach. Austin Farmer gave a brief Power Point presentation on retailer matches and a psyehographic profile. 3. Overview of Audit for Fiscal Year End 2009/2010 by Weaver and Tidwell LLP. James Fitts gave a presentation on the recently completed audit. 4. Overview of Items on Regular Agenda. S. Adjournment. Mayor Muir adjourned the meeting. P3 MINUTES: CITY COUNCIL MEETING September 6, 2011 . PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Andy Garza OTRERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, James Fitts, Sam and Kelli Alexander 1. 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 Garza leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). I£elli Alexander spoke about Animal Control. CONSENT AGENDA a) Approval of Minutes: August 15, 2011 - Council Meeting b) Disbursements Councilwoman Johnson made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None. REGULAR AGENDA 5. Presentation of 2011 Certificate of Achievement for Planning Excellence from the Texas Chapter of American Planning Association. City Manager advised that the City of Sanger has received this award three years in a row. 6. Consider, Discuss and Possibly Act on Approving Audit for Fiscal Year End 2009/2010 by Weaver and Tidwell LLP. Councilman Stephens made a motion to approve. Seconded by Councilman Bilyeau. Motion carried unanimously. 7. Consider, Discuss and Possibly Act on Approving Ordinance 409-31-11- Amending Article 1.000 - Animal Control Fees, Article 4.000 Utility Related Fees and Article 7.000 Park and Recreation Fees. P4 Councilman Martin made a motion to approve. Seconded by Councilwoman Johnson. Motion carried unanimously. $. Consider, Discuss and Possibly Act on Approving Ordinance #09-32-11 - Adopting the Budget Providing for the Appropriation of Funds for Operating and Capital Expenditures by Fund for the Fiscal Year Beginning October 1, 2011 and Ending September 30, 2012 and Providing for the Intra and Inter Department and Fund Transfers. Councilman Bilyeau made a motion to approve. Seconded by Councilman Garza. Motion caa•ried unanimously. 9. Consider, Discuss and Possibly Act on Approving Ordinance P09-33-11 - Levying a Tax Rate for the General Government for the Year 2011-2012 at a Rate of 0.633049 per $100 Assessed Valuation Councilman Bilyeau made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 10. Consider, Discuss and Possibly Acton Approving Ordinance 1109-34-11 -Approve the 2011 Tax Roll. Councilwoman Johnson made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 11. Adjourn. Mayor Muir adjourned the meeting at 7:24 p.m. P5 8/30/2011 3:08 PH A / P CHECK REGISTER =ACKET: 04464 Regular PaWn nts VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. D£SC TYPE DATE 09600 AFLAC C-201108304508 AFLAC R 8/30/2011 I-AF3201108114469 INSURANCE R 8/30/2011 I-AF32011OS244488 INSURANCE R 8/30/2011 I-AFK201108114469 INSURANCE R 8/30/2011 I-AFK201108244488 INSURANCE R 8/30/2011 I-AFL201108114469 INSURANCE R 8/30/2011 I-AFL201108244488 INSURANCE R 8/30/2011 I-AFL201108244489 INSURANCE R 8/30/2011 13080 BLUE CROSS BLUE SHIELD I-BHC201108244488 MEDICAL BCBS HI PPO CHILD R 8/30/2011 I-BHF201108244488 MEDICAL BCBS HI PPO FAMILY R 8/30/2011 I-BRO201108244488 MEDICAL HIGH PPO - EMPLOYEE R 8/30/2011 I-BHO201108244489 MEDICAL HIGH PPO - EMPLOYEE R 8/30/2011 I-BHS201108244488 MEDICAL BCBS HI PPO SPOUSE R 8/30/2011 I-BPC201108114469 EMP PORTION CHILD COV R 8/30/2011 i-BPC201108244488 EMP PORTION CHILD COV R 8/30/2011 I-BPF201108114469 EMP PORTION SPOUSE COY R 8/30/2011 I-BPF201108244488 EMP PORTION SPOUSE COV R 8/30/2011 I-BPS201108114469 Elf? PORTION - SP COY R 8/30/2011 I-BPS201108244488 EMP PORTION - SP COV R 8/30/2011 02490 CENTURYLINK I-201108304502 AUG 2011 R 8/30/2011 02490 CENTURYLINK I-201108304503 AUG 2011 R 8/30/2011 07850 CLEAT I-CLT201108114469 ASSOCIATION DUES EMPLOYEE R 8/30/2011 I-CLT201108244488 ASSOCIATION DUES EMPLOYEE R 8/30/2011 03320 COLONIAL LIFE INSURANCE C-201108304501 COLONIAL LIFE INSURANCE R 8/30/2011 I-COL201108114469 HEALTH INSURANCE R 8/30/2011 I-COL201108244488 HEALTH INSURANCE R 8/30/2011 I-LIF201108114469 LIFE I14SUMICE R 8/30/2011 I-LIF201106244488 LIFE INSURANCE R 8/30/2011 18650 FORT DEARBORN LIFE INSURANCE I-FD1201108244488 LIFE INSURANCE - REDUCED ANT R 8/30/2011 I-FTD201108244488 EMPLOYEE LIFE INSURANCE R 8/30/2011 I-FTD201108244489 EMPLOYEE LIFE INSURANCE R 8/30/2011 CHECK DISCOUNT AMOUNT 1401 0.09 043760 75.01CR 047760 75.01CR 047760 65.25CR 047760 65.25CR 047160 982.42CR 047UO 957.26CR 041760 25.16CR 04376G 7,402.80CR 047761 9,582.76CR 041761 9,702.000R 097761 346.50CR 047761 4,054.62CR 047161 450.000R 047161 450.000R 041761 1,375.000R 047761 1,315.000R 097761 300.000R 047161 300.000R 047761 PAGE: 1 CHECK AMOUNT 2,245.21 35,338.68 294.93CR 047762 294.93 949.48CR 047763 949.48 90.000R 047764 90.000R 047764 180.00 0.02 047765 11.80CR 047765 11.80CR 047765 58.83CR 047765 58.83CR 047765 2.77CR 04"66 238.000R 047766 4.25CR 047766 141.24 245.02 P n 8/30/2011 3:08 PM A / P CHECK REGISTER PAGE: 2 ?ACKET: 04464 Regular PayneOts VENDOR SET: 99 RANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DEED TYPE DATE DISCOUNT AMOUNT Not AMOUNT 05400 PRE. -PAID LEGAL CASUALTY I-PPL201108114469 PREPAID LEGAL SERVICES R 8/30/2011 33.38CR 047767 I-PPL201108244488 PREPAID LEGAL SERVICES R 3/30/2011 33.38CR 047767 66.76 06770 SUN LIFE FINANCIAL I-SLD201108114469 DEPENDENT DENTAL R 8/30/2011 145.68CR 047768 I-SLD201108244488 DEPENDENT DENTAL R 8/30/2011 145.56CR 047768 I-SLF201108114469 FAMILY DENTAL R 8/30/2011 408.80CR 047768 I-SLF201108244488 FAMILY DE14TAL R 8/30/2011 408.66CR 047768 I-SLS201108244488 EMPLOYEE DENTAL R 8/30/2011 1,406.76CR 047768 I-SLS201108244489 EMPLOYEE DENTAL R 8/30/2011 24. 68Ck 047768 2,540.14 * ' T O T A L S ` ' NOT DISCOUNTS CHECK AYT TOTAL APPLIED REGULAR CHECKS: 9 0.00 42,001.52 42,001.52 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: 9 0.00 42,001.52 42,001.52 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 P7 9/03/2011 9:42 AM A / P CHECK REGISTER 2ACK£T: 04484 Regular PayMents VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOg AMOUNT VENDOR NATIE V 9/01/2011 047780 "VOID'* 'VOID* VOID CHECK 18100 AMERICAN MUNICIPAL SERVICES 1-8790 BAD DEBT COLLECTION R 9/07/2011 147.80CR 047771 I-8791 WARRANT COLLECTION JULY 2011 R 9/07/2011 616.20CR 047711 764.00 1 ASHLEY WILKENSON I-201109014509 WILKENSON- CC R 9/07/2011 100.000R 047772 100.00 10760 BRODART CO I-BI904763 BOOKS R 9/07/2011 13.90CR 043713 R 9/01/2011 0.79CR 047773 14.69 I-B1904167- BOOKS 14560 C G G WHOLESALE I-35202 100 PRACTICE TARGETS R 9/07/2011 49.49CR 047774 I-35319 SHIRIS,PANTS,BELT- 777 R 9/01/2011 494.88CR 047174 544.31 20410 CARE NOW CORPORATE I-865235 LEROTSKY D/S STANDARD R 9/07/2011 35.000R 047775 35.00 12760 CINTAS, INC. 1-492522856 UNIFORMS R 9/01/2011 68.88CR 041776 68.68 00590 CITY OF DENTON 1-201108294497 BACTERIOLOGICAL TEST R 9/07/2011 200.000R 047173 200.00 23260 CODE 4 PUBLIC SAFETY EDUCATION ASSOC I-9371 PWRFUL 5 EFFECTIVE IIITERV R 9/07/2011 198.000R 047778 198.00 00790 COUNTY BUILDERS SUPPLY, INC. 1-10028206 MISC R 9/07/2011 20.82CR 047779 I-10028208 MISC R 9/07/2011 7.96CR 047779 I-10028217 MISC R 9/07/2011 21.35CR 047739 I-10028223 MISC ITEMS -WATER REPAIRS R 9/01/2011 4.79CR 047779 I-10028232 MISC ITEMS -WATER REPAIRS R 9/01/2011 21.11CR 047719 I-10028233 MISC R 9/07/2011 6.29CR 047779 I-10028936 MISC ITEMS -WATER REPAIRS R 9/07/2011 1.60CR 047779 I-10028243 MISC ITEMS -WATER REPAIRS R 9/07/2011 2.97CR 047779 I-10028245 N.ISC ITEMS -WATER REPAIRS R 9/07/2011 24.81CR 047779 I-10028252 MISC R 9/07/2011 1.98CR 047779 I-10028264 MISC ITEMS -WATER REPAIRS R 9/07/2011 8.61CR 047379 I-10028266 MISC ITEMS -WATER REPAIRS R 9/07/2011 S.000R 047779 I-10028282 MISC ITEMS -WATER REPAIRS R 9/07/2011 27.29CR 047179 I-10028299 MISC ITEMS -WATER REPAIRS R 9/01/2011 25.99CR 0477" 184.23 118 9/07/2011 9:42 AN A / P CHECK REGISTER PAGE: 2 ?ACKET: 04484 Replan Payrents VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT - CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DEED TYPE DATE DISCOUNT AMOUNT NOd ABOUND 11570 CULLIGAN I-08700826 2/1 2/8 WATER SERVICE R 9/01/2011 58.60CR 047781 58.60 GM0 DATA BUSINESS FORMS INC. 1-82697 DRUG FARE WRISTBAND R 9/07/2011 310.000R 047782 370.00 18190 DEPARTMENT OF INFORMATION RESOURCE I-11070976T JULY 2011 LONG DISTANCE R 9/07/2011 41.48CR 047783 41.48 20980 EXPRESS SERVICES, INC. 1-99791649-9 ADD'SISGN/ANDERSON 7/31 R 9/07/2011 819.000R 047784 I-99811515-8 ADDXISON/ANDERSON 8/07 R 9/07/2011 936.000R 047784 I-99835110-0 AUDKISON/ANDERSON 8/14 R 9/07/2011 915.85CR 047784 I-99857524-5 ADDKISON/AFDERSON 8/21/11 R 9/03/2011 936.000R 047784 3,606.85 18340 FIRST ADVANTAGE BACKGROUND SVCS 1-7750YD1107 BACKGROUND R 9/07/2011 150.50CR 047W5 150.50 18190 FUELIMN I-NP31078666 8/15 - 8/21 FUEL R 9/07/2011 3,292.28CR 047786 I-NP31144761 8/22 - 8/28 FUEL R 9/07/2011 3,368.72CR 047186 6,661.00 23640 GFOAT 1-201108264493 RENEWAL, ROUNDTABLE, MkG R 9/07/2011 183.000R 047787 183.00 06760 GT DISTRIBUTORS INC I-0364593 PLEXIGLASS PARTITION R 9/07/2011 615.85CR 047788 615.85 02610 HD SUPPLY, INC I-1765589-00 PULL LINE STRING 5001 R 9/07/2011 168.000R 047789 168.00 19480 BUTNER 5 ASSOCIATES, INC I-35650 VOM MONTHLY TESTING R 9/07/2011 460.000R 047790 460.00 03530 JANES WOOD AUTOPARK, INC. I-287957 DOOR LOCK R 9/07/2011 130.95CR 097791 I-287996 OIL COOLER PIPES R 9/03/2011 419.02CR 047791 549.97 08210 KWIK FAR I-1186249 STATE INSPECTION R 9/07/2011 39.15CR 047792 I-1186340 STATE INSPECTION R 9/01/2011 39.75CR 047792 79.50 P9 9/07/2011 9:42 AM A / P CHECK REGISTER PACKET: 04484 Regular Payvent5 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK VENDOR NAME / I.D. DEED TYPE DATE DISCOUNT AMOUNT N09 1 10610 LEADERSLIFE INS. COMPANY C-201109064513 LEADERSLIFE INS. COMPAily R 9/01/2011 0.04 047793 I-LLI201108114469 LIFE INSURANCE R 9/07/2011 60.68CR 047793 I-LLI201108244488 LIFE INSURANCE R 9/01/2011 60.68CR 047793 08680 LOOKS SUPPLY I-16051069-00 A/C FILTERS R 9/07/2011 01510 LOWE'S COMPANIES, INC. I-17692 PVC PIPE 6 FITTINGS R 9/03/2011 I-38408 A/C UNIT FOR PUMP ROUSE R 9/07/2011 I-67152 A/C UNIT FOR PUMP HOUSE R 9/01/2011 04850 MICRO MARKETING ASSOC.LLC I-407501 BOOKS R 9/07/2011 I-408125 3 AUDIO BCOKS R 9/07/2011 23370 NORTR CENTRAL TEAS COLLEGE. 1-201108294495 ENT BEEF R 9/07/2011 08690 O'REILLY AUTO PARTS I-320860 A/C HOSE ASSEM,ACCULULATO R 9/07/2011 I-321278 BATTERY R 9/07/2011 1-322221 30LB HOTTER R134 R 9/03/2011 I-322365 TRAINING-LINDBERG/FRAGOS R 9/07/2011 I-323932 MULTI -FUNCTION SWITCH R 9/01/2011 09090 PERKINS ENTERPRISE I-2195 YEARLY TESTS,AIR ANALYSIS R 9/07/2011 19290 RENTAL ONE I-311918-0001 GATOR.ADE R 9/07/2011 22140 ROCKY HORNETS 1-201108264494 HOEING R 9/07/2011 17400 PRECIOUS STAFFORD I-082211 REINSTALL OS R 9/07/2011 02690 TECHLINE, INC. I-1450169-00 25KV POTHEAD TERMINATOR R 9/03/201) 125.94CR 047794 411.29CR 047795 24.61CR 047795 151.05CR 041795 54.31CR 047796 70.99CR 047796 599.000R 041797 109.69CR 047798 202.99CR OWES 239.99CR 047798 179.90CR 041798 80.27CR 047798 137.50CR 047799 464.000R 047800 250.000R 047801 165.000R 047802 CHECK AMOUNT 121.32 125.94 592.95 125.30 599.00 812.84 137.50 464.00 250.00 165.00 499.50CR 041803 499.50 P1Q 9/07/2011 9:42 AM A / P CHECK REGISTER PAGE: 4 PACKET: 04484 Regular Payrents VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT - VENDOR NAME / L.D. DESC 02680 TEXAS POLICE CHIEFS ASSOC I-201108294498 MEMBERSHIP RENEWAL 19260 TYLER TECHNOLOGIES I-201109014510 COURT CASE MONT TRAINING I-28364 ANNUAL MAINT/SCOFFLAW I-28922 ANNUAL MAINT/SCOFFLAW 16640 WATCH GUARD VIDEO I-0013280 DV -ID OVERHEAD CONSOLE I-0013351 DV -ID OVERHEAD CONSOLE 22910 WEAVER AND TIDNELL, LLP I-154290 FINAL - SEPT 2010 17930 ROBERT WOODS I-201109014512 MILEAGE - UPPER TRINITY *' T O T A L S *` REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS; 0 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT N06 AMOUNT R 9/07/2011 150.000R 047804 150.00 R 9/07/2011 250.000R 047805 R 9/07/2011 2,702.24CR 047805 R 9/01/2011 550.000R 047805 3,502.24 R 9/07/2011 4,944.00CR 047806 R 9/07/2011 5,276.00CR 047806 10,220.00 R 9/01/2011 3,000.00CR 041807 3,000.00 R 9/07/2011 56.000R 047808 56.00 NOd DISCOUNTS CHECK MIT TOTAL APPLIED 31 0.00 35,835.51 35,815.51 0 0.00 0.00 - 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 38 0.00 35,875.51 35,835.51 9/20/2011 11:50 AM A / P CHECK REGISTER PAGE: 1 PACKET: 04523 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT NOi AMOUNT 00420 HOPED TREE MEDICAL, LTC I-80634785 MEDICAL SUPPLIES 3RD 01R R 9/20/2011 462.23CR 047876 462.23 00590 CITY OF DENTON I-201109154533 DEBT APPLICATOR CEU'S R 9/20/2011 60.000R 047877 60.00 00710 DATA BUSINESS FORMS INC. I-83100 FILE JACKET R 9/20/2011 496.22CR 047878 496.22 02170 REINERT PAPER 5 CHEMICAL, INC. 1-271667 JANITORAIL SUPPLIES R 9/20/2011 64.30CR 047879 I-271828 CASE BIG ROLL TO R 9/20/2011 30.05CR 047879 94.35 02200 ROADRUNNER TRAFFIC SUPPLY, INC. I-38071 SIGNS R 9/20/2011 963.86CR G47880 963.86 03360 ZTVMERER KUBOTA 4 EQUIP., INC. I-ClOO955 MINI EXCAVATOR RENTAL R 9/20/2011 472.000R 047881 472.00 05350 TEXAS EXCAVATION SAFETY SYST 1-11-3644 MESSAGE FEES 2011/2012 R 9/20/2011 41.80CR 047882 41.80 06550 HALER PROPERTY MAINTENANC I-11-3036 IRRIGATION REPAIRS R 9/20/2011 500.000R 047883 500.00 08690 O'REILLY AUTO PARTS 1-1959-322943 A/C CCMPRESSGR, DRYER R 9/20/2011 490.61CR 047884 490.67 08770 CPI OFFICE PRODUCTS I-2969624 ASH RECEPTICAL R 9/20/2011 159.98CR 047885 159.98 09040 J RANDY THOMPSON I-123268 A/C UR DYE CARTRIDGES R 9/20/2011 32.99CR 041886 32.99 1 MARGIE KNIGHT I-201109154534 MARGIE KNIGHT - R 9/20/2011 100.000R 047887 100.00 11110 RICOH AMERICAS CORP:QDS " I-19930539 COPIER LEASE R 9/20/2011 227.71CR 047888 227.71 12650 TEXAS COMMISSION ON FIRE PROTECTION I-1001574 TCFP DUES R 9/20/2011 255.000R 047889 255.00 P12 9/20/2011 11:50 AN A / P CHECK REGISTER PAGE: 2 'ACKET: 04523 Regular Payr-ents VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR KAFIR / I.D. DISC TYPE DATE DISCOUNT AN,OUNT NO4 AMOUNT 12760 CINTAS, INC. I-492526088 UNIFOEUS R 9/20/2011 68.88CR 047890 68.88 14940 KRISTIAN LINDBERG 1-201109154532 BOOTS R 9/20/2011 50.000R 047891 50.00 16240 SCHAD 6 PULTE 1-183132 OXYGEN R 9/20/2011 33.000R 047892 I-183233 OXYGEN R 9/20/2011 16.000R 047892 1-82053 OXYGEN R 9/20/2011 270.000R 047892 319.00 11260 QUEST CARE I-0811 I✓DICAL CONTROL R 9/20/2011 500.000R 047893 500.00 17400 PRECIOUS STAFFORD I-083111 TROUBLES HOOT, ING R 9/20/2011 110.000R 047894 110.00 17640 DOLLAR GENERAL. - CHARGED SALES I-1000029610 JANITORIAL/OFFICE SUPPLIE R 9/20/2011 168.05CR 047895 I-1000029901 CLEANING SUPPLIES/COFFEE R 9/20/2011 10011CR 047895 268.26 17730 XIXE BRICE I-201109154531 MEAL ALLG1AUCE - R 9/20/2011 105.000R 047896 105.00 18380 R L T MECHANICAL I-19355 AC SERVICE CALL R 9/20/2011 125,000R 047897 125.00 19160 WORKERS ASSISTANCE PROGRAtS, INC. I-40279 AUG 2011 LIVES COVERED R 9/20/2011 154.86CR 047898 154.86 20290 REGIONAL UNIFOR15S 6 SUPPLY " 1-34159 SHIRT W PATCH R 9/20/2011 241.80CR 047899 241.80 20410 CARE NOW CORPORATE 1-866145 GRACE D/S STANDARD R 9/20/2011 50.000R 047900 50.00 21220 IRBY TOOL S SAFETY I-6215258.001 25KV CUTOUTS/ARRESTOR R 9/20/2011 1,350.000R 047901 1-6218194.001 42 TURN R 9/20/2011 1,239.000R 047901 2,589.00 . 21730 UTILITY BACKUP SOLUTIONS I-11168 BACK UP SERVICES R 9/20/2011 600.06CR 047902 606.00 I pi 9/20/2011 11:50 AM A / P CHECK REGISTER PACKET: 04523 RegDlar Payr_ents VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 22300 CARD SERVICE CENTER I-012942 GAMING REFRESEVENTS I-081211 SEMAPHORE ZIP DISC I-081511 TRENCHER BOLTS I-090211 OFFICE MAX 4 STAPLES I-09022011 OFFICE MM / INDEX I-201109204538 AIRFARE TO HOUSTON 1-201109204539 9/11 T-SHIRTS I-201109204545 SALES TAX WORKSHOP I-201109204546 AIR FARE TO HOUSTON I-5677888 RIDS - HASTINGS I-57061 INC CCNF - BRICE I-9948 AUTOMOTIVE SERVICE DEPT I-FZHYHX AIRFARE TO HIL;4AUKEE WI *VOID* VOID CHECK 22620 ARANARK UNIFORM SERVICE I-3203750 UNIFORM RENTAL 23010 FIVE STAR SUPPLY CO IFC. I-20708 PULL THROUGH TOWELS ALTEC ALTEC INDUSTRIES, INS I-9805343 SIB ARM ROPE ** T 0 T A L S REGULAR CHECKS: HAND41R11TEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: DON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK TYPE DAZE R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 R 9/20/2011 V 9/20/2011 PAGE: 3 CHECK CHECK DISCOUNT AMOUNT NOt AVOUNT 23.30CR 047903 131.000R 047903 20.00CR 047903 181.19CR 047903 18.75CR 041903 4.26CR 047903 459.55CR 047903 350.000R 047903 4.24CR 047903 292.23CR 047903 245.00CR 047903 10.11CR 047903 254.90CR 047903 1,994.53 047904 -VOID- * 9/20/2011 445.92CR 041905 445.92 R 9/20/2011 260.17CR 047906 260.17 P. 9/20/2011 309.59CR 041907 309.59 NOt DISCOUNTS CHECK SMT TOTAL APPLIED 31 0.00 12,548.82 12,548.82 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 32 0.00 12,548.82 12,548.82 P14 9/21/2011 9:26 AN DIRECT PAYABLES CHECK REGISTER PAGE: I PACKET: 04532 09/21/.i KG VENDOR SET: 99 AP VENDOR SET BANK: POOL . POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR ------------------------------------------------------------------------------------------------------------------------------- I.D. GAME TYPE DATE DISCOUNT AMOUNT NOP AMOUNT 06300 POSTMASTER I-201109114554 SEPT D/C NOTICES R 9/21/2011 142.70 047908 142.70 * B A N K T O T A L S * Rof DISCOUNTS CHECK NIT TOTAL APPLIED REGULAR CHECKS: 1 0.00 142.70 142.70 _ HANDWRITIEN CHECKS: 0 0.00 0.00 0.00 PRE-URITE 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: 1 0.00 142.JO 142.70 P15 9/22/2011 2:52 PM DIRECT PAYABLES CHECK REGISTER PACKET; 94545 09.22.11 kg VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT PAGE: I CHECK CHECK CHECK CHECK VENDOR ------------------------------------------------------------------------------------------------------------------------------ I.D. NAMF TYPE DATE DISCOUNT MOUNT 1101 AMOUNT 13380 SANGER BACK 1-707186 00055 174 7071866 00055 174 09/15/11 R 9/22/2011 1,542.07 048001 1,542.07 22430 WELLS PARGO BANK, IIA 1-201109224559 UTILITY METERING SYSTEM LEASE R 9/22/2011 104,454.81 048002 104,454.81 * * B A 11 K T 0 T A L S ' * NO# DISCOUNTS CHECK MIT TOTAL APPLIED REGULAR CHECKS: 2 0.00 105,996.88 105,996.88 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 NOR CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BANK TOTALS: 2 0.00 105,996.88 105,996.88 Pis 9/22/2011 9:04 A14 A / P CHECK REGISTER PAGE: 1 PACKET: 04528 Regular Payrents VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT Hot AMOUNT 00710 DATA BUSINESS FORMS INC. ' I-83099 NAMEPLATE - B MARTIII R 9/22/2011 - 20.35CR 047909 20.35 00740 DEAD I-5691 4TH QTR ALLOCATION R 9/22/2011 4,934.51CR 047910 4,934.51 01300 JAGOE-PUBLIC CO., INC. I-116931RB 60 TONS ASPHALT R 9/22/2011 1,308.96CR, 047911 I-1170IMB 60 TONS ASPHALT R 9/22/2011 335.52CR 047911 1,644.48 01350 JOHN HENDERSON I-201109204547 NEAL REIMBURSE R 9/22/2011 9.12CR 047912 9.12 02050 PITNEY BONES, INC. I-3889714-SPII POSTAGE MACHINE R 9/22/2011 549.000R 047913 549.00 02170 REINERT PAPER 6 CHEHICAL, INC. I-271842 CLEARING SUPPLIES R 9/22/2011 107.83CR 047914 107.83 02300 SAEGER COURIER: LEMONS NEWSPAPERS, INC. I-14562 SPORTS PAGE/LEGAL AD R 9/22/2011 420.000R 047915 420.00 02910 UPPER TRINITY I-VI271108 07/01/11-08/01/11 R 9/22/2011 22,798.99CR 047916 22,198.99 03530 JAMES ;:DOD AUTOPARK, INC. I-288599 REARVIEN GIRROR R 9/22/2011 93.05CR 047917 93.05 04300 NCTCOG I-082911 iSWM TRAINING WORKSHOP R 9/22/2011 260.000R 047918 260.00 06550 KALEN PROPERTY HAINTENANC I-11-3077 IRPAGATION CONTROLLERS R 9/22/2011 300.000R 047919 300.00 08210 KWIK EAR I-1245425 STATE INSPECTION R 9/22/2011 39.75CR 047920 I-1245617 INSPECTION 1 47-30 R 9/22/2011 39.75CR 047920 79.50 08690 O'REILLY AUTO PARTS I-322444 PAINT BATTER WIPER BLADES R 9/22/2011 202.99CR 047921 I-322999 HEADLIGHT VALVE BATTERIES R 9/22/2011 104,99CR 047921 I-323023 PAINT BATTER WIPER BLADES R 9/22/2011 13.98CR 047921 I-324060 HEADLIGHT VALVE BATTERIES R 9/22/2011 126.49CR 047921 I-324062 HEADLIGHT VALVE BATTERIES R 9/22/2011 126.49CR 047921 I-324368 PAINT BATTER WIPER BLADES R 9/22/2011 37.72CR 047921 I-325126 PAINT BATTER WIPER BLADES R 9/22/2011 186.03CR 047921 I-325250 HEADLIGHT VALVE BATTERIES R 9/22/2011 8.14CR 047921 I-325842 HEADLIGHT VALVE BATTERIES R 9/22/2011 30.44CR 047921 837.27 P17 9/22/2011 9:04 A11 A / P CHECK REGISTER %ACKET: 04528 Regular Paycents VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 09550 SOUTHNEST CHEMICAL, I NC. I-92718 150LBS CHLORINE R 9/22/2011 1 HAC, INC I-201109204544 HAC,IL'C - CC R 9/22/2011 11170 RICOH AMERICAS CORP:ODS I-20037225 DEV SVCS L PW COPIER R 9/22/2011 11430 USA BLUEBOOK, INC. I-41'1877 BACEFLOW PREVEETERS R 9/22/2011 ll570 CULLIGAN I-6845450 1/1 2/8 WATER SERVICE R 9/22/2011 11790 TA14I TABER I-201109204551 PARKING AND TAXI REIMB R 9/22/2011 12680 BAILEY ENVIRONEENTAL, CORP I-083111 HEALTH INSPECTIONS R 9/22/2011 12760 CINTAS, INC. 1-492529309G49253253 UNIFORIS R 9/22/2011 15780 ITRON i-210227 10/01111-11/30/11 HAR,'ARE PINT R 9/22/2011 16240 SCHAD L PULTE I-183385 1 CYL NED OXYGEN COMPRESSED R 9/22/2011 16640 NhTCH GUARD VIDEO I-13247 REPAIR IN CAR CAMERA R 9/22/2011 17400 PRECIOUS STAFFORD I-090911 PRECIOUS STAFFORD R 9/22/2011 I-091811 NEW PC SET UP R 9/22/2011 17730 MIKE BRICE I-201109204550 MEALS ALLOWANCE R 5/22/2011 18100 AMERICAN NGLICIPAL SERVICES 1-8924 COLLECTION ON WARRANTS R 9/22/2011 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT Not AMOUNT 2,556.000R 047922 2,556.00 125.000R 047923 125.00 205.33CR 047924 205.33 1,232.99CR 047925 1,232.99 12.50CR 047926 72.50 69.000R 047927 69.00 4,000.00CR 047928 4,000.00 131.36CR 047929 137.76 1,861.20CR 097930 1,861.20 16.000R 047931 16.00 90.000R 047932 90.00 220.000R 047933 165.000R 047933 385.00 105.000R 047934 105.00 154.73CR 047935 154.73 P18 9/22/2011 9:04 AM A / P CHECK REGISTER PAGE: 3 2ACRET: 04528 Regular PaYvents VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DEED TYPE DATE DISCOUNT AMOUNT Not M%OU14T 18470 D014 O'C09NOR I-201109204548 REI14BURSE MEAL R 9/22/2011 5.61CR 047936 5.61 18190 FIELMAN I-201109224555 08/29/11-09/04/11 R 9/22/2011 3,086.91CR 047937 I-201109224556 09/05/11-09/11/11 R 9/22/2011 2,928.49CR 047937 I-31432796 09/12/ll-09/18/11 R 9/22/2011 2,594.11CR 047937 8,609.51 19260 TY'LER TECHNOLOGIES I-29830 10/01/11-09/30/12 HARDiIARE LLAI R 9/22/2011 401.72CR 047938 I-30193 12110 MONTHLY INSITE/WEB R 9/22/2011 110.000R 047938 1-30194 11140 NONTYLY FEE R 9/22/2011 125.000R 047938 636.72 19480 HITHER 4 ASSOCIATES, INC I-35292 WNTP RONTHLY TESTING R 9/22/2011 460.000R 047939 460.00 19620 INTERNATIOVAL CODE COUNCIL DEC. 1-2854336 MEMBERS DUES R 9/22/2011 125.000R 047940 125.00 20240 COLLISION PAINT E REPAIR I-201109224557 REPAIR POLICE VEHICLE R 9/22/2011 6,272.25CR 047941 6,272.25 20970 LEXIS NEXIS I-145774-20110831 YEARLY CONTACT RENEWAL R 9/22/2011 154.50CR 047942 154.50 20980 EXPRESS SERVICES, INC. I-10034002-5 EXPRESS SERVICES, INC. R 9/22/2011 936.000R 047943 I-10063812 ADDKISON 09/11/11 R 9/22/2011 351.000R 047943 1,287.00 21140 R G T ELECTRIC, LLC 1-19666 SERVICE CALL R 9/22/2011 165.000R 047944 165.00 21260 TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1-1000086 DUES FOR PROVIDER RIC R 9/22/2011 840.000R 047945 840.00 21740 ACQUIRE CCTV I-09012011 CITY HALL FRONT DESK R 9/22/2011 835.000R 04794G 835.00 22140 ROCKY RUNNELS I-201109204549 MOWING 0 712 PECAN R 9/22/2011 125.000R 047947 125.00 22310 ROCKY GEORGE PLUMBING 1-201109204552 UNSTOP WATER LINES - R 9/22/2011 286.000R 047948 286.00 P13 9/22/2011 9:04 AN A / P CHECK REGISTER PAGE: 4 PACKET: 04528 Reaular PayPents VENDOR SET: 99 BANK I POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 22730 NOAH'S ARK ANIMAL SHELTER I-082811 SHELTER SERVICE 23600 AUSTIN TURF L TRACTOR I-737006 INFIELD GROOMER '' T O T A L S' REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: 11011 CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NOi AMOUNT R 9/22/2011 2,400.000R 047949 2,400.00 R 9/22/2011 9,054.000R 047950 9,054.00 NOS DISCOUNTS CHECK ANT TOTAL APPLIED 42 0.00 '74,320.20 74,320.20 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0,00 0.00 0 0.00 0.NO 0,00 42 0.00 74,320.20 74,320.20 1 P20 9/26/2011 12:11 PH PACKET: 04546 US - Refund VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT REFUNDS CHECK REGISTER PAGE: I CHECK CHECK CHECK VENDOR I.D. NAME ----------------------------------------------------------------------------------------------------------------- TYPE DATE DISCOUNT AMOUNT NOd 1 S&T PROPERTIES 1-000261109234560 S&T PROPERTIES R 9/26/2011 215.37 048010 B A N K T 0 T A L S Nop DISCOUNTS CHECK ANT TOTAL APPLIED REGULAR CHECKS: 1 0.00 215.31 215.33 HANDaRITTEN CHECES: 0 0.00 0.00 0.00 PRE -WRIT£ CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.0.0 0.00 PON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BAUK TOTALS: 1 0.00 215.37 215.37 CHECK AMOUNT 215.37 P21 S Ng *TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance I ❑ Yes ❑ Not Applicable El Workshop ❑Executive ❑Public Hearing Reviewed by Legal ❑Yes ❑Not Applicable Couneil Meeting Date: October 3, 2011 Submitted By: Vicky Elieson City Manager Reviewed/Approval Initials - Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Interlocal Cooperation Agreement for Library Services FINANCIAL SUMMARY [ONIAE]GRANTFUNDS ❑OPERA:rINGEXPENSE ®REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: 2010 YEAR YEAR YEARS) TOTALS Proposed Expenditure Amount $15,007 Encumbered Amount BALANCE $15,007 FUND(S) TO BE USED: General ❑$ 15,007 Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Denton County has given some funding to city libraries since 1985. County funding is provided so that city libraries will provide services to County citizens who live in unincorporated areas. This Agreement is similar to Iast years, but the amount of funding has been cut. STAFF OPTIONS & RECOMMENDATION Recommend approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Three originals of the Interlocal Agreement Agencies: document. P22 MEMO To: Tami Taber From: Vicky Elieson, Library Director Date: September 15, 2011 Re: Interlocal Agreement with Denton County Attached are the three originals of next year's Interlocal Agreement and the cover letter from Jennifer Stout explaining the procedure. It is materially like last year's agreement, but there are a few word changes. Usually I have been designated in Section IV to act on behalf of the city. If you need any other action from me, please let me know. 1123 THE COUNTY OF DENTON § § SANGER PUBLIC LIBRARY THE STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the City/Town of Sanger, a municipality of Denton County, Texas, hereinafter referred to as "the MUNICIPALITY" and has an effective date of October 1, 2011. 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 the COUNTY; and WHEREAS, the MUNICIPALITY is a duly organized municipality in Denton County, Texas, engaged in the provision of library and related services for the benefit of the citizens of the MUNICIPALITY; and WHEREAS, the COUNTY has requested, and the MUNICIPALITY has agreed to provide library services for all residents of the COUNTY; and WHEREAS, the COUNTY and the MUNICIPALITY mutually desire to be subject to the provisions of Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act and Chapter 323 of the Texas Local Government Code, regarding County Libraries. NOW, THEREFORE, the COUNTY and the MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. The term of this Agreement shall be for the period from October 1, 2011, through September 30, 2012. II. For the purposes and consideration herein stated and contemplated, the MUNICIPALITY shall provide library services for the residents of the COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in the COUNTY, Texas, such individual(s) shall be entitled issuance, at no cost, a library card to be used in connection with said library services. The MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: P24 2011-2012 ICA-Library Aereement —Saneer Pnhlic Lihm,- n.. -. _r o 1. Educational and reading incentive programs and materials for youth. 2. Functional literacy materials and/or tutoring programs for adults. 3. Job training/career development programs and/or materials for all ages. 4. Outreach services to eliminate barriers to library services. 5. Educational programs designed to enhance quality of life for adults. III. The COUNTY designates the County Judge to act on behalf of the COUNTY and serve as liaison officer for the COUNTY with and between the COUNTY and the MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of the COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of the COUNTY in full compliance with the terms and conditions of this Agreement. The County Judge shall provide immediate and direct supervision of the COUNTY'S employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the COUNTY and the MUNICIPALITY. IV. The MUNICIPALITY shall designate to act on behalf of the MUNICIPALITY and to serve as liaison officer for the MUNICIPALITY with and between the MUNICIPALITY and the COUNTY to insure the performance of all duties and obligations of the MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of the MUNICIPALITY in full compliance with the terms and conditions of this Agreement. shall provide management of the MUNICIPALITY'S employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the MUNICIPALITY and the COUNTY, The MUNICIPALITY shall provide the COUNTY with a copy of the annual report submitted to the Texas State Library and shall respond to the COUNTY'S annual questionnaire as documentation of the MUNICIPALITY'S expenditures and provision of service. V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures and coordination of all work performed under the terms and conditions of this P25 2011-2012 ICA-Library Agreement —Sanger Public Library - Page 2 of 8 Agreement. The MUNICIPALITY shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY as stated in this Agreement and shall give all attention required for proper supervision and direction of their employees. VI. The MUNICIPALITY agrees that its established library shall assume the functions of a county library within Denton County, Texas, and to provide a librarian who meets the requirements of the MUNICIPALITY'S job description. VII. The COUNTY and the MUNICIPALITY agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds and for those of its agents or employees. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. The MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall not represent themselves to be employees, servants, agents and/or representatives of the COUNTY. To the fullest extent permitted by law, the MUNICIPALITY agrees to hold harmless and indemnify the COUNTY front and against any and all claims and for all liability arising out of, resulting front or occurring in connection with the performance of the work hereunder, including but not limited to, any negligent act or omission of the MUNICIPALITY, its officers, agents or employees. The COUNTY and the MUNICIPALITY acknowledge and agree that the COUNTY does not waive any sovereign or governmental immunity available to the COUNTY under Texas law and does not waive any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. VIII. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither the MUNICIPALITY nor the COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. P26 20I1-2012 ICA-Library Agreement —Sanger Public Library - Page 3 of 8 IX. Any notice required by this Agreement shall be delivered, in writing, by either the COUNTY or the MUNICIPALITY to the following addresses: The address of the COUNTY is: The address of the MUNICIPALITY is: County Judge, Denton County 110 West Hickory Street, 2" d Floor Denton, Texas 76201 Telephone: 940-349-2820 The City/Town of Sanger through Sanger Public Library 501 Bolivar Street Sanger, Texas 76266 Attention: Victoria Elieson Telephone: 940-458-3257 X. For the full performance of the services above stated the COUNTY agrees to pay the MUNICIPALITY fees as described herein from current revenues available for such payment. The COUNTY shall pay the MUNICIPALITY fees in the amount of FIVE THOUSAND SEVEN AND N0/100 DOLLARS ($5,007.00), based upon North Central Texas Council of Governments service population allocation figures provided to the COUNTY by the Library Advisory Board, payable in equal quarterly installments to the MUNICIPALITY commencing on October 1, 2011. The Allocation chart setting forth said figures is attached hereto and incorporated herein for all intents and purposes as Exhibit "A." In addition, the COUNTY agrees to pay the MUNICIPALITY an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in matching funds upon the following conditions: 1. The MUNICIPALITY shall attempt to secure funding from sources other than the COUNTY. 2. Upon receipt of additional funding, the MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. 3. The COUNTY shall match the MUNICIPALITY'S additional funding in an amount not to exceed $10,000.00. 4. Payment by the COUNTY to the MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and payment shall be satisfied from current revenues of the COUNTY. P27 2011-2012 ICA-Library Agreement— Sanger Public Library- Page of 8 All funding by the COUNTY to the MUNICIPALITY is subject to the condition that the MUNICIPALITY shall have in place technology protection measures (commonly referred to as "filters") with respect to any computers used by the public that have Internet access which are designed to block access through such computers to visual depictions that are (1) obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography. The technology protection measures shall be in compliance with the Children's Internet Protection Act. The MUNICIPALITY hereby certifies that its libraries have either installer) and are using the required technology protection measures during use of its computers that have Internet access by the public at the present time or will have such protection measures in place and operational by October 1, 2011. XI. This Agreement may be terminated, at any time, by either party by giving sixty (60) days advance written notice to the other pale. In the event of such termination by either party, the MUNICIPALITY shall be compensated pro rata for all services performed to the termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should the MUNICIPALITY be overcompensated on a pro rata basis for all services performed to the termination date or be overcompensated for reimbursable expenses as authorized by this Agreement, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. This Agreement represents the entire integrated Agreement. between the MUNICIPALITY and the COUNTY and supersedes all prior negotiations, representations and/or Agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the MUNICIPALITY and the COUNTY. XIII. The validity of this Agreement and 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 performable and all compensation payable in Denton County, Texas, P28 2011.2012 ICA-Library Agreement —Sanger Public Library - Page 5 of 8 XIV. In the event 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 fullest extent possible. XV. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in triplicate originals on the dates set forth below. The COUNTY Mary Horn, County Judge Denton County, Texas Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas DA ATTEST: IC Denton County Clerk By: Assistant District Attorney The MUNICIPALITY Los Acting on behalf of and by the authority of the City/Town Counsel of Sanger, Texas DATED: ATTEST: By: City/Town Secretary APPROVED AS TO FORM: In City/Town Attorney APPROVED AS TO CONTENT: Director, Library Services P29 2011-2012 ICA-Library Agreement —Sanger Public Library- Page of 8 AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this agreement. James Wells, Denton County Auditor to P30 2011-2012 ICA-Library Agreement —Sanger Public Library - Page 7 of 8 CALCULATION WORKSHEET FOR COUNTY FUNDING (2011-2012) PER CAPRh $ 0.573833 (Based on Initial Request) MATCHING: $ 10,000.00 DENTON COUNTY POPULATION: 662,644 POPULATION OF CITIES WITH LIBRARIES 393,971 REMAINING POPULATION 268,643 County Pop ratio: 0.681885215 Goal: 480230 Total Population City, Population County Allocation Per Capita Allocation Matching Funds TOTAL Requested Approved 10%/ Overall Reduction IJBRARY AUBREY 9.789 5.820 31969 $ 5,617 S 10,000 S 15,617 $14,055 CARROLLTON 114,992 68.$71 -46,621 $ 65,986 $ S 65,986 $59,387 FLOWERMOUND 108.766 64.669 .4l,097 $ 62.413 $ $ 62.413 $56.172 FRISCO 62,654 37252 .25,402 $ 35,953 S 5,000 S 40.953 $36,857 JUSTIN 5,459 3.246 2213 $ 3,133 $ 10,000 S 13,133 $11.821 KRUM 6,992 4,157 2,835 $ 4,012 S 10.000 $ 14,012 $12.611 LAKE CITIES 55,332 32,899 1 22,433 $ 31,752 $ 10,000 S 41,7521 $37,676 LEVJISVILLE 159.776• 94.S981 611,778 $ 9105 $ $ 9141a5 SB2.517 LITTLE ELM 45243 28,6841 19.659 $ 27.684 S 10,000 $ 37,684 S33,916 PILOTPOINT 6.485 3,856 2,629 $ 3.722 $ 10,000 $ 13,722 $12,350 PLANO 9.049 5,380 3,669 $ 5,192 $ 5.000 $ 10,193 $9,175 PONDER Z346 1,395 951 $ 1,346 43 10,000 S 11.345 $10.211 SANGER 11.632 6,916 4,716 $ 6,675 $ 10,000 $ 16,675 $15,007 THE COLONY 61.100 36,328 24,772 $ 36,061 $ 10,000 $ 45,061 $40,555 $0 TOTAL 662,614 393,971 268,643 11 380230 S 100,000 $ 480,230 $ 432211 Aubrey Population: Lake Cites Population: We Elm Population: Aubrey Crossroads Krugerville. Total 2.595 Corinth Hickory Creek Lake Dallas Shady Shores 19,935 Little Elm Oak Point Total 25,898 7.563 3,247 2.786 1,662 I 7.105 28,684 5.820 2612 j 1 - 1 32,899 Lewisville 95,220 Carrollton 11907 Frisco 116,989 ws; Oallaz co. 292 Io .Dana: Co. 50,726 ac=ca: 37,252 Lewisville 94,SSe caca ,fomwc oo.) 68.371 Plano 259,841 Dcotan Ca: 5.360 Theapproved amount is a straight Ill%reduction from theTotal Requested for each Ibraryand was not based on a specific percapitarate W i CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance I ❑ Yes ® Not Applicable ❑Workshop ❑Executive ❑Public Hearing Reviewed by Legal Lj Yes ❑ Not Applicable Council Meeting Date: Submitted By: October 3, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials ` Date : '_;, ' V ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER _ AGENDA CAPTION Authorize the Mayor to Execute a Section 8 Housing Assistance Payments Program Local Operator Contract With the Texas Department of Housing and Community Affairs. FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS ❑OPERATING EXPENSE ]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM This is a contact with the Texas Department of Housing and Community Affairs for the City of Sanger to operate as a local contractor. The contract period is from October 1, 2011 through September 30, 2012. STAFF OPTIONS & RECOMMENDATION Staff recommends City Council authorize the Mayor to execute the contract with TDHCA to serve as a local operator. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other ® Letter from Section 8 Program Manager Agencies: e Local Operator Contract None P32 T'ExAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS Rick Petry GovvENoll September 9, 2011 Ms. Pat Ruch Local HAP Operator P. O. Box 1729 Sanger, Texas 76266-1729 RE: Sanger Local Operator Contract Dear Ms. Ruch: BOARD MEMBERS C. Kent Conine, Oak Turn 11. Gann, Vire Qmir Leslie Bingham-Escareno Lovell A. Keig Ju111$. plunoz, PhD J. Paul O'er Writer's direct phone 512-475-3892 Email: wo,w.willie.hurd@tdlica.state.tx.us This letter transmits the new revised Local HAP Operator Contract between the Texas Department of Housing and Community Affairs (TDHCA) and the City of Sanger. The contract period is October 1, 2011 through September 30, 2012. TDHCA Local Operator Contracts will be for an initial one year period with an automatic renewal in one year increments for a period not to exceed (4) additional years conditioned on maintaining compliance with the eligibility criteria. A copy of the criteria is also enclosed. Please have Mayor Thomas Muir sign both contracts and return in the enclosed postage paid envelope. A copy of the executed contract will be returned to your office. Thank you for your cooperation and assistance. If you have any questions, please do not hesitate to contact me at (512) 475-3892. Sincerely, Willie Faye Hurd Section 8 Program Manager wfl1 cc: Enclosures 221 East 11 th - P.O. Box 13941 - Austin, Texas 78711-3941 - (800) 525-0657 - (512) 475-3800 P33 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM LOCAL OPERATOR CONTRACT SECTION 1. PARTIES This contract and agreement is made and entered into by and between the Texas Department of Housing and Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and City of Sanger hereinafter referred to as "Contractor". The parties hereto have severally -and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks hereinafter described. SECTION 2. DEFINITIONS A. Applicant ieant A Person who has submitted an Application for Department Rinds or other assistance. B. Application A request for funds submitted to the Department in a form prescribed by the Department, including any exhibits or other supporting material. C. Application Acceptance Period The period of time that Applications may be submitted to the Department as more fully described in the applicable Notice of Funding Availability (NOFA). D. Application Deficiency A deficiency or inconsistency, which in the Department's reasonable judgment, may be cured by supplemental information or explanation that will not necessitate a substantial reassessment or re-evaluation of the Application. E. Board The governing board of the Texas Department of Housing and Community Affairs. F. Contract The executed written agreement between the Department and an Administrator performing an activity related to a program that outlines performance requirements and responsibilities assigned by the document. G. Department The Texas Department of Housing and Community Affairs. H. Effective Date The date on which all applicable parties have signed a Contract. I. Executive Director Executive Director of the Texas Department of Housing and Community Affairs. J. HUD U.S. Department of Housing and Urban Development K. Local government A county, municipality, special district, or any other political subdivision of the state, a public, nonprofit housing finance corporation created under Chapter 394 of the Texas Local Government Code, or a combination of those entities. (§2306.004). L. Local Operators (LOs) LOs are the local administrators who perform unit inspections, provide client processing and perform other administrative duties on the Department's behalf as Housing Choice Vouchers are issued and maintained in the local communities served by the Department's Housing Choice Voucher Program. Page 1 of 10 P34 M. Material Deficiency Any individual Deficiency or group of Deficiencies which, if addressed, would require, in the Department's reasonable judgment, a substantial reassessment or re- evaluation of a LO Application or eligibility for LO Renewal or which, are repeated and pervasive that they indicate a failure by the LO to submit a substantively complete and accurate Application. N. NOFA Notice of Funding Availability, published in the Office of the Secretary of State's Texas Register Publication. O. Nonprofit Organization A public or private organization that: (A) has evidence of a current tax exemption ruling from the Internal Revenue Service (IRS) under §501(c)(3) of the Internal Revenue Code of 1986, a charitable, nonprofit corporation, or §501(c)(4) of the Internal Revenue Code of 1986, a community or civic organization, of the Internal Revenue Code of 1986, as evidenced by a certificate from the IRS that is dated 1986 or later. The exemption ruling must be effective on the date of the Application and must continue to be effective throughout the length of any contract agreements; or a current group exemption letter from the IRS that is dated 1986 or later, that reflects the Applicant classified as a subordinate of a central non-profit organization under the Internal Revenue Code. The group exemption letter must specifically list the Applicant; and (B) a private nonprofit organization's pending Application for §501(c)(3) or (4) of the Internal Revenue Code of 1986, status cannot be used to comply with the tax status requirement. P. Open Application Cycle A defined period during which Applications may be submitted according to a published NOFA and which will be reviewed on a first come -first served basis until all funds available are corrunitted or until the NOFA is closed, whichever is earlier. Q. Owner The Person who owns a unit for which a Section 8 Housing Choice Voucher is being considered or being used. R. Program The Section 8 Housing Choice Voucher Program operated by the Department. S. Program Noncompliance LOs of the Department's Section 8 program will be in Program Noncompliance if they do not meet the performance requirements or the LO eligibility requirements. SECTION 3. CONTRACT PERIOD This contract and agreement shall commence October 1, 2011and shall terminate on September 30, 2012. Contracts will be for an initial one year period with an automatic renewal in one year increments for a period not to exceed four (4) additional years conditioned on maintaining compliance with the eligibility criteria. SECTION 4. AREA SERVED Contractor shall perform activities specified in this contract in the following areas of Texas: City of Sanger. Page 2 of 10 P35 SECTION 5. DESIGNATION OF LOCAL OPERATOR A. Contractor shall designate an individual, hereinafter referred to as "Local Operator," to be the liaison with Department and to carry out the contracted activities. B. The Local Operator will perform, in a complete and satisfactory manner, the activities specified herein in the operation of a HAP program. C. If a Local Operator's services terminate for any reason, the Contractor must notify the Department in writing and obtain Department's prior written approval before designating a replacement Local Operator. SECTION 6. DEPARTMENT FUNDING OBLIGATIONS AND LIABILITIES A. Department Obligations (1)Department's obligations under this section are contingent upon the actual receipt of adequate federal funds to meet obligations under this contract and sufficient funding under the consolidated ACC to support continued assistance to families in the program. If adequate funds are not available to make payments under this contract, Department shall so notify Contractor in writing within a reasonable time after such fact has been determined and Department shall terminate the contract and will not be liable for failure to make payments to Contractor under this contract. (2)The Department's obligations under this contract are contingent upon the full and satisfactory performance by Contractor of the activities referred to in Section 7 of this contract. The total of all payments and other obligations made or incurred by the Department under this contract are subject to the limitations set forth in this Section 6 in an amount equal to the sum of the following: (a) The allowance for regular cost of administration under this contract is calculated by multiplying $15_00 by every month that an eligible family under a HAP contract occupies each unit. For purpose of this paragraph, a unit may be considered to be occupied for the month even though the unit was actually occupied by an eligible family for less than the full month; provided, however, that no unit shall be considered to be occupied by more than one family for any given month in calculating the allowance under this paragraph. (b) Travel allowance and per diem expenses, calculated in accordance with the current State of Texas rates and regulations for reimbursement of such expenses to state employees, for attendance by Local Operators to meetings and workshops held by Department at which Local Operator's attendance has been specifically requested and for which specific written authorization to incur costs has been given by Department. B. Department Liabilities (1)It is expressly understood and agreed to by the parties hereto that Department shall not be liable to Contractor for performances rendered which are not strictly in accordance with the terms of this contract. (2)Department shall not be liable to Contractor for any performance rendered by Contractor hereunder which is subject to payment to Contractor by any source other than Department or Contractor. Page 3 of 10 P36 (3)Department, by the execution of this contract, acknowledges that it has received a grant from the U.S. Department of Housing and Urban Development which, if paid, will be sufficient to pay costs properly incurred by Contractor pursuant to Section 6(A) of this contract. SECTION 7. CONTRACTOR'S REPRESENTATIONS, OBLIGATIONS AND LIABILITIES A. Authority to Contract Contractor has full power, authority and capacity (i) to enter into this contract, and (ii) to carry out Contractor's obligations as described in this contract. B. Contractor's Performance Contractor shall, in a complete and satisfactory manner, perform all activities specified herein in the operation of a HAP program as authorized by Section 8 of the U.S. Housing Act of 1937, (42 USC 1437f), hereinafter referred to as "Act." Contractor shall perform all activities in accordance with the Act and regulations promulgated pursuant thereto (24 C.F.R. part 982); the Annual Contributions Contract (ACC) between Department and HUD, the HAP contract between the Department and the owner of the unit occupied by an assisted family; HUD; the Housing Choice Voucher Program Guidebook, as amended; Department's Administrative Plan for HAP, as amended; and the terms of this contract. Contractor shall ensure that participation in the program shall be restricted to eligible families. Contractor understands and agrees that Department may, from time to time, make adjustments to the number of residential units based on funding allocation as may be necessary to ensure Departmental compliance with administrative requirements governing the Housing Assistance Payments program. C. Debarment and Suspension Certification Contractor warrants and represents that Contractor is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in any programs or covered transactions by any federal department or agency including the Department rider 24 C.F.R Part 24. Contractor shall not employ, award contracts to, or fund any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by HUD. D. Contractor's Obligations In administering this contract, the Contractor shall: (1) Follow and comply with HUD's rules and regulations, including the U. S. Housing Act of 2937, The Annual Contributions Contract between the Department and HUD, the Housing Assistance Program contract between the Department and owner of the unit occupied by an assisted family, as well as the Department's Administrative Plan and other applicable laws covering the Program. (2) Disseminate information concerning the availability and nature of housing assistance for lower - income families; Page 4 of 10 P37 (3) Provide for public invitations to owners to make dwelling units available for leasing to eligible families; (4) Develop working relationships and contacts with landlords and appropriate associations and groups with regards to the program; (5) Assist in receiving and reviewing applications from the public for participation in the Housing Choice Voucher program; (6) Assist in verifying program eligibility and selecting eligible families for participation according to Departmental rules and policies. (7) Assist in the issuance of Housing Choice Vouchers to selected eligible families and provide the family with necessary information regarding the program in accordance with 24 CFR &982.301; (8) Determine each eligible family's unit size requirements in accordance with Subpart K of 24 C.F.R. part §982; (9) Assist in determining the amount of total tenant payment and housing assistance payment, including calculation of allowances for utilities and other services under 24 C.F.R. §982.505; (10) Certify rent reasonableness under 24 CFR §982.507; (11) Assist in facilitation of the owner's execution of the Housing Choice Voucher Contract in a form prescribed by HUD under 24 CFR §982.451; (12) Annually, assist in re -determination of families eligibility and amount of housing assistance payment in accordance with HUD established schedules and under 24 CFR §982.516, and submit redetermination information to the Department within ninety (90) to one -hundred -twenty (120) days of request; (13) Perform any necessary Housing Quality Standard inspections and notify Owners and families of property inspection determinations; (14) Perform any necessary Housing Quality Standard inspections for new admissions within sixty (60) days, or within one -hundred -twenty (120) days with Department approval of sixty (60) day extension; (15) Assist in coordination of portability requests from housing choice voucher families in accordance with Department policies; (16) Assist in processing changes in income and changes in household requests in accordance with Department policies; (17) Provide for prompt and timely lease up of vouchers when released by the Department or when existing vouchers become available through clients exiting the Program; (18) Maintain confidential client files in a manner that protects the privacy of each client and to maintain the same for future reference; Page 5 of 10 P38 (19) Store physical client files in a secure space in a manner that ensures confidentiality and in accordance with LO policies and procedures; (20) Add, based on availability, housing choice vouchers to the LO service area; and (21) Perform such other functions as directed by the Department. E. Attendance at Workshops and Meetings Contractor agrees that the Local Operator will attend all meetings and workshops held for Local Operators by Department, except where absence by the Local Operator is approved by Department. F. Monitorin14 of Fraud Abuse and Criminal Activities and Liabilities Contractor shall establish, maintain, and utilize internal program management procedures sufficient to monitor all activities funded under this contract. Contractor shall immediately notify Department of any suspected fraud, bribery, program abuse, criminal activity or any other corrupt behavior in connection with any housing assistance program. Contractor has no liability or responsibility to the owner or other persons for the family's behavior or the family's conduct in tenancy. SECTION 8. DISBURSMENT OF PAYMENTS A. Method of Payment Contractor shall receive, by the (15t) day of the month following the end of each calendar month, a payment for performances rendered under this contract during that calendar month. Payment shall be issued by the Department in the above manner subject to Contractor's submission of information required by the Department of all residential units under this contract currently leased to eligible families on or before the last calendar day of the month. B. Recapture of Payment Contractor shall promptly return to Department any amount, which Department has paid to Contractor in excess of Department's obligations and liabilities as specified in this Section 8. SECTION 9. INDEPENDENT CONTRACTOR It is expressly understood and agreed upon by both parties hereto that Department is contracting with Contractor as an independent contractor and that Contractor agrees to hold Department harmless and to indemnify it against any and all claims which may be asserted in connection with the services to be performed by Contractor under this contract. SECTION 10. AUDIT The Department reserves the right to conduct or cause to be conducted an independent audit of all funds received under this contract which may be performed by the local government audit staff, a certified public accountant firm, or other auditors as designated by Department in accordance with applicable federal rules and regulations, Departmental guidelines, and established professional standards and practices. Page 6 of 10 P99 SECTION 11. TECHNICAL ASSISTANCE AND MONITORING Department reserves the right for Department or its designee to conduct monitoring and evaluation of the performances rendered under this contract. Department will notify Contractor in writing of any deficiencies noted during such review, and may withhold costs as appropriate based upon such deficiencies. Department will provide technical assistance to Contractor in correcting the deficiencies noted. Department shall conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, the Department may terminate this contract. SECTION 12. EQUAL OPPORTUNITY AND NONDISCRIMINATION A. In rendering performances under this contract, Contractor shall comply with all equal opportunity requirements imposed by federal law, including but not limited to, the non-discrimination and equal opportunity and disclosure requirements specified at 24 C.F.R. ys5.105; the Drug -Free Workplace Act of 1988 and HUD's implementing regulations at 24 C.F.R. Part 24; Title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. and Fair Rousing Act, 42 U.S.0 3601 et seq. B. Contractor shall ensure that no family is discriminated against from finding or leasing a suitable unit with assistance under this contract because of race, color, religion, sex, national origin, age, familial status or disability. C. Contractor shall cooperate with the Department and HUD in conducting equal opportunity compliance reviews and complaint investigations in connection with this contract. SECT ION i3. CONFLICTS ^vF INTEREST A. Neither Contractor or any of its subcontractors may enter into any contract or arrangement in connection with the tenant -based programs in which any of the following classes of persons has any interest, direct or indirect, during their tenure or for one year thereafter: (1)Any present or former member or officer of Contractor; (2)Any employee of Contractor, subcontractor or agent, who formulates policy or who influences decisions with respect to the programs; (3)Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs; or (4)Any member of the Congress of the United States. B. Any member of the classes described in paragraph A of this section must disclose their interest or prospective interest to the Department. C. The conflict of interest prohibition under this section may be waived, upon application to the Department, by HUD for good cause. Page 7 of 10 P40 SECTION 14. DEFAULTS AND REMEDIES A. Default In the event Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor and in its sole discretion, suspend or terminate this contract in whole or in part, withhold further payments to Contractor, and prohibit Contractor from incurring additional obligations for payments under this contract. Department shall have the right to suspend or terminate this contract if Contractor is debarred, suspended, proposed for debarment, or is otherwise ineligible from participating in any HUD program. Department shall have the right to terminate this contract if Contractor or any employee of Contractor has been convicted of fraud, bribery or any other corrupt or criminal act in connection with any Federal housing assistance program. B. Withholdine Payments It is expressly understood and agreed to by the parties hereto that if Contractor fails to submit to Department any report required by this contract, Department may withhold payments otherwise due and owing Contractor hereunder. If Department withholds such payments, it shall notify Contractor in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. C. Remedies Remedies for breach or default include recovery of overpayments, suspension of payments, abatement or other reduction in payments, termination of payments, and termination of this contract. It is expressly understood and agreed by the parties hereto that any right or remedy provided for by this contract shall not preclude the exercise of any other right or remedy under the law. D. Return of Supplies and Records Upon termination of this contract, Contractor shall return to Department such supplies, materials, documents, and records relating to or purchased with funds, under this contract as Department may require. E. Exclusion of Third Party Rights In accordance with 24 C.F.R. §982.456, the assisted family is not a party to or a third party beneficiary of this contract and may not enforce any provision of this contract and may not exercise any right or remedy against Contractor or the Department under this contact. SECTION 15. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, orders and decrees of any court or administrative body as tribunal related to the activities and performances of Contractor under this agreement. Upon request by Department, Contractor shall furnish satisfactory proof of its compliance herewith. Page 8 of 10 P41 SECTION 16. NOTICES Any and all notices or other communications required or permitted to be given under this contract must be in writing. Notice will be deemed effective upon deposit in the United States mail, postage prepaid, by certified mail, return receipt requested, and properly addressed to the party to be notified. Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. For the purposes of notice, the addresses or the parties shall, until changed as hereinafter provided, be as follows: Department: Texas Department of Housing and Coninumity Affairs Attn: Section 8 P. O. Box 13941 Austin, Texas 78711-3941 Contractor: City of Sanger Attn: Thomas Muir, Mayor P. O. Box 1729 Sanger, TX 76266 SECTION 17. CHOICE OF LAW AND VENUE For purposes of enforceability or validity of this contract, the provisions of this contract shall be govern by, and shall be construed in accordance with, the laws of the State of Texas. For purposes of litigation pursuant to this contract, venue shall lie in Travis County, Texas. SECTION 18. CHANGES AND AMENDMENTS A. This agreement shall be. terminable at will with 30 days notice by Department or Contractor pursuant to Section 16. Any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. B. Department or HUD may, from time to time during the Contract Period, issue policy directives which serve to establish, interpret, or clarify the performance requirements under this contract; provided however, that said policy directives and amendments do not alter the terms of this contract so as to release Department of any obligation specified in this contract. SECTION 19. AGREEMENT IN ITS ENTIRETY All oral or written agreements between the parties hereto relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained herein. Page 9 of 10 P4.2 EXECUTED to be effective on October 1.2011 TEXAS DEPARTMENT OF ROUSING CITY OF SANGER ANI By: Texas Department of Housing and Community Affairs Date: By: Name: Title: Date: Thomas Muir This contract is not effective unless signed by the Executive Director of the Texas Department of Housing and Community Affairs or by his/her authorized designee. Page 10 of 10 P43 TEx1S DEPARTMENT OF HOUSING AND C01\B1UNYrY AFFAIRS Rick Percy Covvlt it September 9, 2011 Ms. Pat Ruch Local HAP Operator P. O. Box 1129 Sanger, Texas 76266-1729 RE: Sanger Local Operator Contract Dear Ms. Ruch: BOARD AIRNIBERS C. Kent Coning Ovir "rom H. Cann, Vice Ovir Leslie Bingham-Escarnlo l.o 01 A. Kcig Juan S. Uunoz, PhD I. Paul Oscr Writer's direct phone 512-475-3892 Entail: 1vu,w.lvillie. hard@tdhcct.state. tx.zrs This letter transmits the new revised Local HAP Operator Contract between the Texas Department of Housing and Community Affairs (TDHCA) and the City of Sanger. The contract period is October 1, 2011 through September 30, 2012. TDHCA Local Operator Contracts will be for an initial one year period with an automatic renewal in one year increments for a period not to exceed (4) additional years conditioned on maintaining compliance with the eligibility criteria. A copy of the criteria is also enclosed. Please have Maya' Thomas Muir sign both contracts and return in the enclosed postage paid envelope. A copy of the executed contract will be returned to your office. Thank you for your cooperation and assistance. If you have any questions, please do not hesitate to contact me at (512) 475-3892. Sincerely, J tar Willie Faye Hurd Section 8 Program Manager wfh cc: Enclosures 221 East I Ith - P.O. Box 13941 - Austin, Texas 78711-3941 - (800) 525-0657 - (512) 475-3800 P44 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM LOCAL OPERATOR CONTRACT SECTION 1. PARTIES This contract and agreement is made and entered into by and between the Texas Department of Housing and Cornrnunity Affairs, an agency of the State of Texas, hereinafter referred to as "Department", and City of Sander hereinafter referred to as "Contractor". The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks hereinafter described. SECTION 2. DEFINITIONS A. Applicant A Person who has submitted an Application for Department fiords or other assistance. B. Application A request for funds submitted to the Department in a form prescribed by the Department, including any exhibits or other supporting material. C. Application Acceptance Period The period of time that Applications may be submitted to the Department as more fully described in the applicable Notice of Funding Availability (NOFA). D. Application Deficiency A deficiency or inconsistency, which in the Department's reasonable judgment, may be cured by supplemental information or explanation that will not necessitate a substantial reassessment or re-evaluation of the Application. E. Board The governing board of the Texas Department of Housing and Community Affairs. F. Contract The executed written agreement between the Department and an Administrator performing an activity related to a program that outlines performance requirements and responsibilities assigned by the document. G. Department The Texas Department of Housing and Community Affairs. H. Effective Date The date on which all applicable parties have signed a Contract. I. Executive Director Executive Director of the Texas Department of Housing and Community Affairs. J. HUD U.S. Department of Housing and Urban Development. K. Local government A county, municipality, special district, or any other political subdivision of the state, a public, nonprofit housing finance corporation created under Chapter 394 of the Texas Local Government Code, or a combination of those entities. (§2306.004). L. Local Operators (LOs) LOs are. the local administrators who perform unit inspections, provide client processing and perform other administrative duties on the Department's behalf as Housing Choice Vouchers are issued and maintained in the local communities served by the Department's Housing Choice Voucher Program. Page 1 of 10 P45 M. Material Deficiency Any individual Deficiency or group of Deficiencies which, if addressed, would require, in the Department's reasonable judgment, a substantial reassessment or re- evaluation of a LO Application or eligibility for LO Renewal or which, are repeated and pervasive that they indicate a failure by the LO to submit a substantively complete and accurate Application. N. NOFA Notice of Funding Availability, published in the Office of the Secretary of State's Texas Register Publication. O. Nonprofit Organization A public or private organization that (A) has evidence of a current tax exemption ruling from the Internal Revenue Service (IRS) under §501(c)(3) of the Internal Revenue Code of 1986, a charitable, nonprofit corporation, or §501(c)(4) of the Internal Revenue Code of 1986, a community or civic organization, of the Internal Revenue Code of 1986, as evidenced by a certificate from the IRS that is dated 1986 or later. The exemption ruling must be effective on the date of the Application and must continue to be effective throughout the length of any contract agreements; or a current group exemption letter from the IRS that is dated 1986 or later, that reflects the Applicant classified as a subordinate of a central non-profit organization under the Internal Revenue Code. The group exemption letter must specifically list the Applicant; and (B) a private nonprofit organization's pending Application for §501(c)(3) or (4) of the Internal Revenue Code of 1986, status cannot be used to comply with the tax status requirement. P. Open Application Cycle A defined period during which Applications may be submitted according to a published NOFA and which will be reviewed on a first come -first served basis until all funds available are committed or until the NOFA is closed, whichever is earlier. Q. Owner The Person who owns a unit for which a Section 8 Housing Choice Voucher is being considered or being used. R. Program The Section 8 Housing Choice Voucher Program operated by the Department. S. Program Noncompliance LOs of the Department's Section 8 program will be in Program Noncompliance if they do not meet the performance requirements or the LO eligibility requirements. SECTION 3. CONTRACT PERIOD This contract and agreement shall commence October 1, 2011and shall terminate on September 30, 2012. Contracts will be for an initial one year period with an automatic renewal in one year increments for a period not to exceed four (4) additional years conditioned on maintaining compliance with the eligibility criteria. SECTION 4. AREA SERVED Contractor shall perform activities specified in this contract in the following areas of Texas: City of Sanger. Page 2 of 10 Pn6 SECTION 5. DESIGNATION OF LOCAL OPERATOR A. Contractor shall designate an individual, hereinafter referred to as "Local Operator," to be the liaison with Department and to carry out the contracted activities. B. The Local Operator will perform, in a complete and satisfactory manner, the activities specified herein in the operation of a HAP program. C. If a Local Operator's services terminate for any reason, the Contractor must notify the Department in writing and obtain Department's prior written approval before designating a replacement Local Operator. SECTION 6. DEPARTMENT FUNDING OBLIGATIONS AND LIABILITIES A. Department Obligations (1)Department's obligations under this section are contingent upon the actual receipt of adequate federal finds to meet obligations under this contract and sufficient funding under the consolidated ACC to support continued assistance to families in the program. If adequate funds are not available to make payments under this contract, Department shall so notify Contractor in writing within a reasonable time after such fact has been determined and Department shall terminate the contract and will not be liable for failure to make payments to Contractor under this contract. (2)The Department's obligations under this contact are contingent upon the full and satisfactory performance by Contractor of the activities referred to in Section 7 of this contract. The total of all payments and other obligations made or incurred by the Department under this contract are subject to the limitations set forth in this Section 6 in an amount equal to the sum of the following: (a) The allowance for regular cost of administration under this contract is calculated by multiplying $15_00 by every month that an eligible family under a HAP contract occupies each unit. For purpose of this paragraph, a unit may be considered to be occupied for the month even though the unit was actually occupied by an eligible family for less than the full month; provided, however, that no unit shall be considered to be occupied by more than one family for any given month in calculating the allowance under this paragraph. (b) Travel allowance and per diem expenses, calculated in accordance with the current State of Texas rates and regulations for reimbursement of such expenses to state employees, for attendance by Local Operators to meetings and workshops held by Department at which Local Operator's attendance has been specifically requested and for which specific written authorization to incur costs has been given by Department. B. Department Liabilities (1)It is expressly understood and agreed to by the parties hereto that Department shall not be liable to Contractor for performances rendered which are not strictly in accordance with the terms of this contract. (2)Department shall not be liable to Contractor for any performance rendered by Contractor hereunder which is subject to payment to Contractor by any source other than Department or Contractor. Page 3 of 10 P 47 (3)Department, by the execution of this contract, acknowledges that it has received a grant from the U.S. Department of Housing and Urban Development which, if paid, will be sufficient to pay costs properly incurred by Contractor pursuant to Section 6(A) of this contract. SECTION 7. CONTRACTOR'S REPRESENTATIONS, OBLIGATIONS AND LIABILITIES A. Authority to Contract Contractor has full power, authority and capacity (i) to enter into this contract, and (ii) to carry out Contractor's obligations as described in this contract. B. Contractor's Performance Contractor shall, in a complete and satisfactory manner, perform all activities specified herein in the operation of a HAP program as authorized by Section 8 of the U.S. Housing Act of 1937, (42 USC 1437f), hereinafter referred to as "Act." Contractor shall perform all activities in accordance with the Act and regulations promulgated pursuant thereto (24 C.F.R. part 982); the Annual Contributions Contract (ACC) between Department and HUD, the HAP contract between the Department and the owner of the unit occupied by an assisted family; HUD; the Housing Choice Voucher Program Guidebook , as amended; Department's Administrative Plan for HAP, as amended; and the terms of this contract. Contractor shall ensure that participation in the program shall be restricted to eligible families. Contractor understands and agrees that Department may, from time to time, make adjustments to the number of residential units based on funding allocation as may be necessary to ensure Departmental compliance with administrative requirements governing the Housing Assistance Payments program. C. Debarment and Suspension Certification Contractor warrants and represents that Contractor is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in any programs or covered transactions by any federal department or agency including the Department under 24 C.F.R Part 24. Contractor shall not employ, award contracts to, or fund any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by HUD. D. Contractor's Obligations In administering this contract, the Contractor shall: (1) Follow and comply with HUD's rules and regulations, including the U.S. Housing Act of 2937, The Annual Contributions Contract between the Department and HUD, the Housing Assistance Program contract between the Department and owner of the unit occupied by an assisted family, as well as the Department's Administrative Plan and other applicable laws covering the Program. (2) Disseminate information concerning the availability and nature of housing assistance for lower - income families; Page 4of10 P48 (3) Provide for public invitations to owners to make dwelling units available for leasing to eligible families; (4) Develop working relationships and contacts with landlords and appropriate associations and groups with regards to the program; (5) Assist in receiving and reviewing applications from the public for participation in the Housing Choice Voucher program; (6) Assist in verifying program eligibility and selecting eligible families for participation according to Departmental rules and policies. (7) Assist in the issuance of Housing Choice Vouchers to selected eligible families and provide the family with necessary information regarding the program in accordance with 24 CFR &982.301; (8) Determine each eligible family's unit size requirements in accordance with Subpart K of 24 C.F.R. part §982; (9) Assist in determining the amount of total tenant payment and housing assistance payment, including calculation of allowances for utilities and other services under 24 C.F.R. §982.505; (10) Certify rent reasonableness under 24 CFR §982.507; (11) Assist in facilitation of the owner's execution of the Housing Choice Voucher Contract in a form prescribed by HUD under 24 CFR §982.451; (12) Annually, assist in re -determination of families eligibility and amount of housing assistance payment in accordance with HUD established schedules and under 24 CFR §982.516, and submit redetermination information to the Department within ninety (90) to one -hundred -twenty (120) days of request; (13) Perform any necessary Housing Quality Standard inspections and notify Owners and families of property inspection determinations; (14) Perform any necessary Housing Quality Standard inspections for new admissions within sixty (60) days, or within one -hundred -twenty (120) days with Department approval of sixty (60) day extension; (15) Assist in coordination of portability requests from housing choice voucher families in accordance with Department policies; (16) Assist in processing changes in income and changes in household requests in accordance with Department policies; (17) Provide for prompt and timely lease up of vouchers when released by the Department or when existing vouchers become available through clients exiting the Program; (18) Maintain confidential client files in a manner that protects the privacy of each client and to maintain the same for future reference; Page 5 of 10 P49 (19) Store physical client files in a secure space in a manner that ensures confidentiality and in accordance with LO policies and procedures; (20) Add, based on availability, housing choice vouchers to the LO service area; and (21) Perform such other functions as directed by the Department. E. Attendance at Workshops and Meetings Contractor agrees that the Local Operator will attend all meetings and workshops held for Local Operators by Department, except where absence by the Local Operator is approved by Department. F. Monitoriug of Fraud Abuse and Criminal Activities and Liabilities Contractor shall establish, maintain, and utilize internal program management procedures sufficient to monitor all activities funded under this contract. Contractor shall immiediately notify Department of any suspected fraud, bribery, program abuse, criminal activity or any other corrupt behavior in connection with any housing assistance program. Contractor has no liability or responsibility to the owner or other persons for the family's behavior or the family's conduct in tenancy. SECTION 8. DISBURSMENT OF PAYMENTS A. Method of Payment Contractor shall receive, by the (15"') day of the month following the end of each calendar month, a payment for performances rendered under this contract during that calendar month. Payment shall be issued by the Department in the above manner subject to Contractor's submission of information required by the Department of all residential units under this contract currently leased to eligible families on or before the last calendar day of the month. B. Recapture of Payment Contractor shall promptly return to Department any amount, which Department has paid to Contractor in excess of Department's obligations and liabilities as specified in this Section 8. SECTION 9. INDEPENDENT CONTRACTOR It is expressly understood and agreed upon by both parties hereto that Department is contracting with Contractor as an independent contractor and that Contractor agrees to hold Department harmless and to indemnify it against any and all claims which may be asserted in connection with the services to be performed by Contractor under this contract. SECTION 10. AUDIT The Department reserves the right to conduct or cause to be conducted an independent audit of all funds received under this contract which may be performed by the local government audit staff, a certified public accountant firm, or other auditors as designated by Department in accordance with applicable federal rules and regulations, Departmental guidelines, and established professional standards and practices. Page 6 of 10 P50 SECTION 11. TECHNICAL ASSISTANCE AND MONITORING Department reserves the right for Department or its designee to conduct monitoring and evaluation of the performances rendered under this contract. Department will notify Contractor in writing of any deficiencies noted during such review, and may withhold costs as appropriate based upon such deficiencies. Department will provide technical assistance to Contractor in correcting the deficiencies noted. Department shall conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, the Department may terminate this contract. SECTION 12. EQUAL OPPORTUNITY AND NONDISCRIMINATION A. In rendering performances under this contract, Contractor shall comply with all equal opportunity requirements imposed by federal law, including but not limited to, the non-discrimination and equal opportunity and disclosure requirements specified at 24 C.F.R. §5.105; the Drug -Free Workplace Act of 1988 and HUD's implementing regulations at 24 C.F.R. Part 24; Title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. and Fair Housing Act, 42 U.S.0 3601 et seq. B. Contractor shall ensure that no family is discriminated against from finding or leasing a suitable unit with assistance under this contract because of race, color, religion, sex, national origin, age, familial status or disability. C. Contractor shall cooperate with the Department and HUD in conducting equal opportunity compliance reviews and complaint investigations in connection with this contract. SECTION 13. CONFLICTS OF INTEREST A. Neither Contractor or any of its subcontractors may enter into any contract or arrangement in connection with the tenant -based programs in which any of the following classes of persons has any interest, direct or indirect, during their tenure or for one year thereafter: (1)Any present or former member or officer of Contractor; (2)Any employee of Contractor, subcontractor or agent, who formulates policy or who influences decisions with respect to the programs; (3)Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs; or (4)Any member of the Congress of the United States. B. Any member of the classes described in paragraph A of this section must disclose their interest or prospective interest to the Department. C. The conflict of interest prohibition under this section may be waived, upon application to the Department, by HUD for good cause. Page 7 of 10 P51 SECTION 14. DEFAULTS AND REMEDIES A. Default In the event Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor and in its sole discretion, suspend or terminate this contract in whole or in part, withhold further payments to Contractor, and prohibit Contractor from incurring additional obligations for payments under this contract. Department shall have the right to suspend or terminate this contract if Contractor is debarred, suspended, proposed for debarment, or is otherwise ineligible from participating in any HUD program. Department shall have the right to terminate this contract if Contractor or any employee of Contractor has been convicted of fraud, bribery or any other corrupt or criminal act in connection with any Federal housing assistance program. B. Withholding Payments It is expressly understood and agreed to by the parties hereto that if Contractor fails to submit to Department any report required by this contract, Department may withhold payments otherwise due and owing Contractor hereunder. If Department withholds such payments, it shall notify Contractor in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Contractor. C. Remedies Remedies for breach or default include recovery of overpayments, suspension of payments, abatement or other reduction in payments, termination of payments, and termination of this contract. It is expressly understood and agreed by the parties hereto that any right or remedy provided for by this contract shall not preclude the exercise of any other right or remedy under the law. D. Return of Supplies and Records Upon termination of this contract, Contractor shall return to Department such supplies, materials, documents, and records relating to or purchased with funds under this contract as Department may require. E. Exclusion of Third Party Rights In accordance with 24 C.F.R. §982.456, the assisted family is not a party to or a third party beneficiary of this contract and may not enforce any provision of this contract and may not exercise any right or remedy against Contractor or the Department under this contact. SECTION 15, COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, orders and decrees of any court or administrative body as tribunal related to the activities and performances of Contractor under this agreement. Upon request by Department, Contractor shall furnish satisfactory proof of its compliance herewith. Page 8 of 10 P52 SECTION 16, NOTICES Any and all notices or other communications required or permitted to be given under this contract must be in Writing. Notice will be deemed effective upon deposit in the United States mail, postage prepaid, by certified mail, return receipt requested, and properly addressed to the party to be notified. Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. For the purposes of notice, the addresses or the parties shall, until changed as hereinafter provided, be as follows: Department: Texas Department of Housing and Cormnunity Affairs Attn: Section 8 P. O. Box 13941 Austin, Texas 78711-3941 Contractor: City of Sanger Attn: Thomas Muir, Mayor P. O. Box 1729 Sanger, TX 76266 SECTION 17. CHOICE OF LAW AND VENUE For purposes of enforceability or validity of this contract, the provisions of this contract shall be govern by, and shall be construed in accordance with, the laws of the State of Texas. For purposes of litigation pursuant to this contract, venue shall lie in Travis County, Texas. SECTION 18. CHANGES AND AMENDMENTS A. This agreement shall be terminable at will with 30 days notice by Department or Contractor pursuant to Section 16. Any alterations, additions, or deletions to the terms of this contract shall be by amendment hereto in writing and executed by both parties to this contract. B. Department or HUD may, from time to time during the Contract Period, issue policy directives which serve to establish, interpret, or clarify the performance requirements under this contract; provided however, that said policy directives and amendments do not alter the terms of this contract so as to release Department of any obligation specified in this contract. SECTION 19. AGREEMENT IN ITS ENTIRETY All oral or written agreements between the parties hereto relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained herein. Page 9 of 10 P53 EXECUTED to be effective on October 1, 2011 TEXAS DEPARTMENT OF HOUSING CITY OF SANGER AND COMMUNITY AFFAIRS By: By: Executive Director Name: Texas Department of Housing Title: and Community Affairs Date: Date: Thomas Muir This contract is not effective unless signed by the Executive Director of the Texas Department of Housing and Community Affairs or by his/her authorized designee. Page 10 of 10 P54 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: October 3, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials i,` Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ® OTHER VARIANCE FROM SIGN REGULATIONS AGENDA CAPTION Consider, Discuss, and Possibly act on a Request for a Variance from Sec. 3.1407 Sign Regulations for a Pole Sign in Excess of the Maximum 150 Square Feet at 807 Utility Road (Latham Stairs & Cabinets) FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS ❑OPERATINGEXPENSE ❑REVENUB ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant, Latham Stairs & Cabinets, is proposing to add an additional sign to their existing pole sign at 807 Utility Road, along Interstate 35. The existing sign measures 200 square feet, and the proposed additional sign "SHOWROOM" measures 20 square feet, and would be installed approximately half way up the existing pole. Section 3.1407 (b) (2) (A) Table 1 sets the maximum square footage (per side) of a pole sign along Interstate 35 at 150 square feet. The existing 200-square foot sign is a legal non -conforming condition. With the proposed additional sign, total square footage would measure 220 square feet. STAFF OPTIONS & RECOMMENDATION Staff finds that the additional proposed signage is only a minor increase (10%) in the existing legal non- conforming condition. Staff finds it is significantly more practical to add a separate sign to the existing pole, compared with reconfiguring the existing 200 square feet to accommodate the additional copy (SHOWROOM). Staff recommends the City Council grant the proposed variance to permit up to an additional 20 square feet of signage on the existing pole, with a maximum of 220 square feet total. List of Supporting Documents[Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Exhibit from Starlite Sign Agencies: • E-mail with Zane Latham None P55 1" DEEP ALUM. PANNED FACES PTD. RED (PMS 137) w/ SQ. TUBE FRAME; #015 YELLOW VINYL COPY _SIGN FACE 0 REO'D N.T . DOUBLE -FACE PYLON SIGN N.PS. Page 1 of 1 Joseph Iliff From: Zane Latham [ Sent: Wednesday, September 07, 2011 9:24 AM To: Joseph Iliff Subject: Re: Latham Stairs sign Yes the current sign had 200 sgare feet. We are asking for a variance to add a 20 square feet "showroom" sign to the existing pole per the drawing. Thanks Zane From: Joseph Iliff <jiliff@sangertexas.org> To: 'Zane Latham' < Sent: Wednesday, September 7, 2011 9:22 AM Subject: RE: Latham Stairs sign Zane, Am I correct that the existing sign, at the top of the pole, is 200 square feet? And that you are asking City Council for a variance to the 150-square foot maximum area for pole signs to add a sign ("SHOWROOM") measuring 20 square feet on the existing pole? Thanks, Joe Iliff Joseph D. Miff, AICP Director of Development Services City of Sanger, Texas 940-458-2059 -----Original Message ----- From: Zane Latham (mailto: Sent: Wednesday, September 07, 2011 8:38 AM To: jiliff@sangertexas.org Subject: Latham Stairs sign Joel Attached is the proposed addition to our sign Thanks Zane Latham Latham Stairs & Millwork Inc cell940-368-0539 P57 9/22/2011 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑Yes ❑ Not Applicable Council Meeting Date: Submitted By: October 3, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION H ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ® OTHER _PUBLIC HEARING AGENDA CAPTION Conduct a Public Hearing to Consider, the Annexation of 556 Acres on the West Side of Interstate 35 (Stemmons Freeway) Extending From Lois Road North to the Denton County — Cooke County Boundary FINANCIAL SUMMARY ®NIA ❑GRANT FUNDS []OPERATING EXPENSE [:]REVENUE ❑CIP []BUDGETED ❑N0N-BUDGETED BACKGROUND/SUMMARY OF ITEM On June 20, 2011, the City Council adopted Resolution 08-17-11 scheduling two (2) public hearings to be held prior to the Council considering the annexation of 556 acres located on the west side of Interstate 35 between Lois Road and the Denton County — Cooke County Boundary. This is the first of those two public hearings. The second is scheduled for the regular meeting of City Council on Monday, October 17°i at 7:00 PM. Following the public hearings, the City Council can act on the proposed annexation at the November 7, 2011 meeting. STAFF OPTIONS & RECOMMENDATION Not applicable List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Map of proposed annexation Agencies: • List of properties within area None P58 F-il PROPOSED ANNEXATIONS R# OWNER NAME MAILING ADDRESS CITY ST ZIP SITE ADDRESS I LEGAL DESCRIPTION SQUARE "' YEAR JURISDICTIONS FEET AREA BUILT R59624 ALLEN, NAOMI ETAL 2103 MCCORMICK ST DENTON TX 76205 135 A0801A WM MASON, TR 1,560,755 - 0 GOI S14 W04 CAD 20, 35.83 ACRES A0199A B.B.B. & C. RR R59798 COUNTY LINE RANCH INC % PO BOX 785 MINEOLA TX 75773 135 CO., TR 1, 39.49 ACRES, 1,720,184 43,676 1958 GOI S 14 W04 CAD MOODY DAVIS OLD DCAD TR IA A0199A B.B.B. & C. RR R59813 COUNTY LINE RANCH INC % PO BOX 785 MINEOLA TX 75773 135 CO., TR 2, 84.559 ACRES, 3,633,390 - 0 GO I S 14 W04 CAD MOODY DAVIS OLD DCAD 1B R59605 CRIDER, MARY COOKE ETAL 14071 I.35 SANGER TX 76266 14071 135 A0801A WM MASON, TR 2, 53.82 ACRES 2,344,399 2,830 1912 GOI S 14 W04 CAD R59613 CRIDER, MARY LOUISE 14071I-35 SANGER TX 76266135 A0801AWMMASON,;E 1,742,400 - 0G01 S14 W04 CAD 3, 40.0 ACRES FLETCHER HEFNER HIGGS CO A0801A WM MASON, TR R59629 INC, TRUSTEE HEFNER 5428 LAKE VICTORIA CT FLOWER MOUND TX 75022 S 135 19, 35.82 ACRES 1,560,319 - 0 GOI S14 W04 CAD PROPERTY TRUST GEESLING GASSAWAY COUNTY A0801A WM MASON, TR R59608 INC TRUSTEE MILAM PROPERTY 5428 LAKE VICTORIA CT FLOWER MOUND TX 75022 S 135 1, 3.06 ACRES 133,294 - 0 GOI S 14 WO4 CAD TRUST GEESLING GASSAWAY COUNTY A0199A B.B.B. & C. RR R59783 INC TRUSTEE MII.AM PROPERTY 5428 LAKE VICTORIA CT FLOWER MOUND TX 75022 S 135 I CO., TR 3, 14.7 ACRES, 640,332 - 0 GOI S14 W04 CAD TRUST OLD DCAD TR I R523975 GEESLING GASSAWAY COUNTY 5428 LAKE VICTORIA CT FLOWER MOUND TX 75022 I A0801A WM MASON, TR 4,761,979 - O GOI S14 W04 CAD INC ETAL 18A, ACRES 109.32 GEESLING GASSAWAY COUNTY AOSOIA WM MASON, TR R59611 INC TRUSTEE M LAM PROPERTY 5428 LAKE VICTORIA CT FLOWER MOUND TX 75022 4, 20.0 ACRES 871,200 - 0 GOl S14 W04 CAD TRUST R59773 SARGENT, DORWIN L & PATSY 3344 LOIS RD W SANGER TX 76266 135 & LOIS RD AOSOIA WM MASON, TR 29.30, 15.08 ACRES 656,885 - 0 GOI SI4 C16 CAD R59633 SCHULTZ, RICHARD D & 3092 VIEW RD SANGER TX 1 76266 3092 VIEW RD A0801A WM MASON, TR 417,305 4,324 1982 GOI S14 W04 CAD CHARLSIE Y 18, ACRES 9.58 R59764 TEXAS SUNDOWN RANCH 13037I-35 SANGER TX 7626613037 I35 A0801AWM MASON, TR 23, 55.192 ACRES 2404,164 45,140 2001 GO S 14 W04 CAD R199276 VALDIVIA. MARIANO 11395 LENOX LN FRISCO TX I 75034 LOIS RD A0801A WM MASON, TR 28, 5.0 ACRES 217,500 - 0 GOI S14 W04 CAD R59617 WYLIE, VAL JOE 2845 VIEW RD SANGER TX 76266 4501 VIEW RD A0801A WM MASON, TR 1,491,059 1,590 1962 GOI S 14 W04 CAD 21,22, 34.23 ACRES TOTAL SOFT 24,205,464 TOTAL ACRES 556 65 O a� W—TrXgehAS COUNCIL AGENDA ITEM AGENDA TYPE ®Regular ❑special [I Consent ❑ workshop ❑ Executive ❑ Public Hearing Reviewed=FinanceYes ® Not Applicable ReviewedYes, ® Not Applicable Council Meeting Date: October 3, 2011 Submitted By: Mike Brice City Manager Reviewed/Approval Initials ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Approve Advertisement Covering City of Sanger SCADA System. FINANCIAL SUMMARY ❑N/A ❑GRANT'FUNDS ❑OPERATINGEXPENSE ❑REVENUE ❑CIP []BUDGETED []NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM See memo. STAFF OPTIONS & RECOMMENDATION Staff recommends approval to advertise for the SCADA system. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: 291 To: Mayor and Council From: Mike Brice, City Manager Date: 9/27/2011 Re: SCADA System The SCADA system is the control system for our water and wastewater systems. It is the brains that keep the many components of the system working together. Our system is a patchwork that has been built over a thirty year period. It was recognized as far back as 2006 that the system needed a wholesale overhaul to be fully functional. It was decided at that time that the funds to overhaul the system were not available. Since that time the system has been bandaided together with a further loss in functionality. A fully functional SCADA system automates the control process and lessens the chance of low water pressure or sewer overflows. It also provides alarms in case there are problems with the system. A few months ago we had the engineering firm of Freese and Nichols take a comprehensive look at our system and make a recommendation on overhauling it. Their executive Summary is attached and the full report is available for your review. I have budgeted funds in both the water and wastewater budgets for 2012 to complete this project. Staff is asking for permission to solicit bids for improvements to the SCADA system. P62 City of Sanger, Texas SCADA Assessment City of Sanger ®��®�S EXECUTIVE SUMMARY The current Supervisory, Control and Data Acquisition (SCADA) System for the City of Sanger, TX is largely dependent on Solidyne hardware supplied by S&S Telemetry. Solidyne equipment is typically used for building and HVAC automation and is not appropriate for Water/Wastewater applications. It is the recommendation of this report that the existing Remote Terminal Unit (RTU) equipment be replaced with Programmable Logic Controller- (PLC) based system. It is also recommended that the Operator Work Station (OWS) equipment at both the Water Utilities Office and the Wastewater Treatment Plant should be replaced with a dedicated computerwith Human Machine Interface (HMI) software. The existing radio equipment should be reused when possible. The opinion of probably construction cost (OPCC) to replace all R7U's and two OWS's It including material and labor is $162,000 including a 15% contingency, a 5% mobilization and 15% for overhead and profit. The transition to the new system will require detailed coordination between the System Operators and the SCADA System Integrator to minimize system outages and downtime. 3 0 Page 2 P63 DENTON CENTRAL APPRAISAL DISTRICT 3901 MORSE STREET, P a BOX 50764 DENTON, TEXAS 76206-0764 DATE: August 22, 2011 TO: All City Managers FROM: Joe Rogers RFC: Goods -in -Transit The First Special Session of the 82"a Session of the Texas Legislature adjourned on June 30, 2011. Senate Bill 1 was passed and within this comprehensive budget bill was language amending the Property Tax Code as it concerns the goods -in -transit exemption. This exemption was previously enacted by the Legislature in 2007. The following excerpt from the bill shows the changes: (2) "Goods -in -transit" nrecnns tangible personal property that: (A) is acquired in or imported into this state to be forwarded to another location in this state or outside this state; (B) is stored under a contract of bailment by a public warehouse operator at one or more public warehouse facilities in this state that are not in anyway owned or controlled by the owner of the personal property for the account of the person who acquired or imported the property; (C) is transported to another location in this state or outside this state not later than 175 days after the date the person acquired the property in or imported the property into this state; and (D) does not include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's henry equipment inventory, or retail rnarnrfactured housing inventory. (5) `Bailee" and "warehouse" have the rnemrings assigned by Section 7.102, Business & Connnerce Code. (6) `Public warehouse operator" rneans a person that: (A) is both a bailee and a warehouse; and (B) stores under a contract of bailment, at one or more public warehouse facilities, tangible personal property that is owned by other persons solely for the account of those persons and not for the operator's account. PHONE: (940) 349-3958 METRO: (972) 434-2602 FAX: (940) 349-3951 P 6 4 The amendment also requires that another vote be taken to opt out of the exemption between October 11 2011 and December 31, 2011, in order to tax the goods for 2012. This is done by taking positive action to tax the goods before January 1, 2012 or by January 1 of any subsequent tax year of the first tax year that the governing body proposes to tax goods -in -transit. This must be done by official action of the governing body of the taxing unit. 11.253 6) The governing body of a taxing unit, in the manner required for official action by the governing body, may provide for taxation of goods -in -transit exempt under Subsection (b) and not exempt under other laiv. The official action to tar the goods -in -transit nest be taken before Janata), I of the fast tax year in which the governing body proposes to tax goods -in -transit. Before acting to tax the exempt property, the governing body of the taxing unit nnist conduct a public hearing as required by Section 1-17 (d), Article VIII, Texas Constitution. Attached are current 2011 Freeport Exemption amounts and in addition an estimate of potential loss if you vote to allow the Goods -In -Transit Exemption. Following your action on this matter please inform us in writing of your decision by February I". Mail, fax, or email your documents to: Ginger Crowder RPA Business Personal Property Manager Po Box 50764 Denton, TX 76206-0764 940.349.3958 (phone) 940.349.3951 (fax) gingerc@dentoricad.com Regards,, Joe Rogers Chief Appraiser PHONE: (940) 349-3958 METRO: (972) 434-2602 FAX: (940) 349-3951 P 6 5 GOODS IN TRANSIT POTENTIAL LOSS EXEMPT FREEPORT GOODS IN TRANSIT INVENTORY POTENTIAL LOSS TOTAL POTENTIAL LOSS DEMON COUNTY _ $ 1,374,967.941.00 $ 952,702,351.00 $ 2,327,670,2_92.00 CITIES CITY OF AUBREY 0.00 BOB-- 0.00 CITY OF CARROLLTON $87,507,949.00 $ 98,165,388.00 $ 185,673,337.00 CITYOFTHECOLONY $ 8,552,656.00 $ 21,630,543.00 _$ 30,183,199.00 CITY OF CORINTH $ 1,817,543.00 $ 13,226,111.00 $ 15,045,654.00 CITYOFDENTON $ 156,644,329.00 $ 177,809,282.00 $ 334,453,61110 MOWN OF FLOWER MOUND 142,207,006.00 $ 59,674,157.00 $ 201,881,163.00 CITY OF HIGHLAND VILLAGE 0.00 _ 0.00 0.00 C_NYOF IUSTIN __ 0.00 $ 706,775.00 $ 706,775.00 C_ITYOF KRUM 0.00 0.00 0.00 CITY OF LAKE DALLAS 0.00 $ 1,627,101.00 $ 1,627,101.00 CITY OF LEWISVILLE $ AS0,34M1,439.00 $ 137,277,839.00 $ 547,622,278.00 TOWN OF LITTLE ELM $ 380,522,00 $ 102,374.00 $ 462,896.00 CITY OF PILOTPOINT 0.00 _ 0.00 0.00 TOWN OF PONDER $ 118,182.00 $ 730,977.00 $ 849,159.00 CITY OF SANGER $ 12,407,199.00 $ 39,862,776.00 _ $,. 52,269,955.00 CITY OF ROANOKE $ 298,115,236.00 354,387,119.00 $_ 652,502,355.00 CITY OF KRUGERVILLE 0.00 _$ 0.00 0.00 _ CITY OF HICKORY CREEK _ BOB 0.00 0.00 CITY OF DALLAS 0.00 0.00 0.00 CITYOFCOPPELL 0.00 0.00 0.00 CITYOF HACKBERRY 0.00 0.00 0.00 CITY OF OAK POINT _ 0.00 _ 0.00 0.00 TOWN OF LAKEWOODVILLAGE _ 0.00 0.00 BOB TOWN OF ARGYLE 0.00 0.00 0.00 TOWN OF COPPER CANYON 0.00 0.00 -_ 0.00 TOWN OF TROPHY CLUB 0.00 0.00 0.00 CITY OF PLANO _ 0.00 0.00 0.00 TOWN OF DOUBLE 0.00 0.00 0.00 -OAK TOWN OF BARTONVILLE 0.00 0.00 0.00 CITY OF FRISCO 0.00 0.00 0.00 TOWN OF NORTHLAKE $ 4,752,525.00 $ 8,097,774.00 $ 12,840,299.00 TOWN OF SHADY SHORES BOB 0.00 0.00 CRY OF FORT WORTH $ 247,107,621.00 $ 40,109,943.00 $ 287,217,564.00 CITY OF SOUTHLAKE 0.00 0.00 0.00 CITYOF HASLET 0.00 0.00 _ 0.00 CITY OF GRAPEVINE 0.00 0.00 _ 0.00 TOWN OF DISH 0.00 0.00 0.00 TOWNCIFWESTLAKE 0.00 0.00 0.00 CITY OF CORRAL CITY 0.00 0.00 0.00 TOWN OF PROSPER 0.00 0.00 0.00 CITY OF CEUNA 0.00 0.00 0.00 SCHOOL DISTRICTS ARGYLE ISO $ 654,546.00 $ 1,105,395.00 $ 1,759,941.00 AUBREY ISD 0.00 0.00 0.00 CARROLLTON-FBISD $ 26,408,663.00 $ 31,501,073.00 $ 57,909,736.00 CELINA ISD 0.00 0.00 0.00 DENTON ISD $ 158,800,271.00 $ 177,873,546.00 $ 336,673,817.00 FRISCO ISD 0.00 0.00 0.00 KRUM ISD 0.00 $ 3,110,242.00 $ 3,110,242.00 LAKE DALLAS ISD 0.00 $ 1,627,101.00 $ 1,627,101.00 LEWISVILLE ISD $ 622,203,387.00 $ 285,246,854.00 $ 907,450,241.00 LITTLE ELM ISD 0.00 0.00 0.00 NORTHWEST ISD $ 550,563,919.00 $ 402,742,700.00 $ 953,306,619.00 PILOTPOINT ISD 0.00 0.00 0.00 PONDER ISD 0.00 0.00 O.W SANGER ISD 0.00 0.00 0.00 ERA ISD 0.00 _ 0.00 0.00 SLIDELL ISD 0.00 0.00 0.00 PROSPER 150 0.00 0.00 0.00 SPECIAL DISTRICTS DEMON CO EMERGENCY SERVICE DIST HE $ 5,407,071.00 $ 9,193,169.00 $ 14,600,240.00 TROPHY CLUB PID#1 EMERGENCY SERVICE 0.00 0.00 0.00 DENTON CO LEVY IMP DIST $ 166,424.00 $ 590,048.00 $ 756,472.00 DENTON CO BUD - $ 14,752.00 $ 722,861.00 $ 737,613.00 TROPHY CLUB MUDNl 0.00 0.001 0.00 CLEAR CREEK WATERSHED AU TH 0.00 0.001 LOU TROPHY CLUB MUD H2 O.00 0.001 0.00 PH CORINTH MUD 41 0.00 0.00 0.00 DEMON CTY FRESH WATER 18 0.00 0.00 0.00 DEMON CTY FRESH WATER IC 0.00 0.00 0.00 DEMON CTY FRESH WATER I0 0.00 0.00 0.00 DENTON CTY FRESH WATER 6 0.00 0.00 0.00 DEMON CTY FRESH WATER IF 0.00 0.00 0.00 PROVIDENCE VILLAGE WCID 0.00 0.60 0.00 DENTON CTY FRESH WATER IO 0.00 0.00 0.00 DENTON CTY FRESH WATER 8A 0.00 0.00 0.00 DENTON CTY FRESH WATER 8B 0.00 0.00 0.00 OEN_TON CTY FRESH WATER IIA 0.00 - 0.00 0.00 DENTON CTY FRESH WATER 7 0.00 0.00 0.00 DENTON CTY MUD N4 0.00 0.00 0.00 DENTON CTY MUD kS _ 0.00 0.00 0.06 _ DENTON CTY FRESH WATER SC 0.00 0.00 0.00 DENTON CTY FRESH WATER i1B 0.00 0.00 0.00 DENTON CTY FRESH WATER 4A _ __ 0.00 _ 0.00 0.60 OAK POINT WATER COW. IT 0.00 _ 0.00 0.00 OAK POINT WATER COW. 42 0.00 _ 0.00 0.00 OAK POINT WATER CONT. 43 0.00 _ 0.00 0.00 SMILEY RDWATER COW &IMP GIST __ 0.00 0.00 0.00 DENTON CTY FRESH WATER IF ._ 0.00 _ _ 0.00 _., 0.00 DENTON CTY FRESH WATER IIC 0.00 0.00 0.00 NORTH FORT WORTH WATER CONTROL&IMP DISTHI EDO 0.00 0.00 DENTONFRESH WATER IG 0.00 0.00 0.00 _CTY VALENCIAON THE LAKE WATER CONTROL & IMP DIST 0.00 0.00 0.00 DENTON CTY FRESH WATER 1H 0.00 - 0.00 0.00 SOUTH DENTON WATER CONTROL &IMP DIST 111 0.00 0.00 0.00 ALPHA RANCH WATER CONTROL &IMP DIST 0.00 0.00 0.00 P61 ORDINANCE 410-35-11 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, PROVIDING FOR THE TAXATION OF GOODS -IN -TRANSIT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Senate Bill I passed by the 82nd Texas Legislature, First Called Special Session, hater alia, amended Section 11.253 of the Tax Code regarding the exemption for "Goods -in -Transit; and WHEREAS, Section 11.253, Tax Code, was amended to prohibit a taxing unit from taxing Goods -in -Transit in a tax year that begins on or after January 1, 2012, unless the governing body of the taxing unit takes action on or after October 1, 2011, to provide for the taxation of the Goods -in -Transit; and WHEREAS, the City may choose to opt out of the local exemption for Goods -in -Transit by holding a public hearing and taking action to continue tax such goods on or after October 1, 2011, but prior to January 1, 2012; otherwise, such property will be exempt from taxation; and WHEREAS, the City Council has conducted a public hearing as required by Section 1-n (d), Article VIII, Texas Constitution, at which citizens were provided an opportunity to speak; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That beginning tax year 2012, and continuing thereafter until further action is taken by the City Council, "Goods -in -Transit', as defined by Tax Code, Section 11.253, shall be subject to property taxation by the City. Section 2. That should any sentence, paragraph, subdivision, clause, please or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid. Section 3. That this ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. ORDINANCE NO. TAXATION OF GOODS -IN -TRANSIT Page I PG8 PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on the day of October 2011. APPROVED: Mayor APPROVED AS TO I+ORIVI: ATTEST: Robert L. Dillard III, City Attorney City Secretary (RLD/09-08-11/51148) ORDINANCE NO. TAXATION OF GOODS -IN -TRANSIT Page 2 Poo CITY OF BANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes d Not Applicable Council Meeting Date: Submitted By: October 3, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials - Date ACTION REQUESTED: ®ORDINANCE 10-36-1I ❑ RESOLUTION It ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly act on Ordinance 10-36-11 Abandoning the Right-of-way of 13th Street Between Bolivar Street and Elm Street FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS ❑OPERATTNOEXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject right-of-way is 13th Street between Bolivar Street and Elm Street. The property to the west (1301 Bolivar St) is currently vacant and the current owner (J&S `:'ood LP) is preparing the site for an auto sales business. The two properties to the east are each developed with a house. The owner of both lots is SKD Family Partners, LTD. None of the adjacent properties are platted. Both of the adjacent property owners are requesting the City abandon the right-of-way of 131h Street from Bolivar Street to Elm. This would permit them to each claim half of the abandoned right-of-way. If abandoned, the property owners can plat their properties and absorb their portion of the former right- of-way into their properties. STAFF OPTIONS &RECOMMENDATION Staff finds that there are no public utilities present within the subject right-of-way. The right-of-way does not provide access to any of the adjacent properties, and carries negligible traffic. Staff recommends adoption of the ordinance to abandon the right-of-way of 13th Street between Bolivar Street and Elm Street. If adopted, the City will remove the stop signs and street signs within the affected area. List of Supporting Documents/Exbibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Ordinance 10-36-11 Agencies: • Letters from adjacent property owners None • Exhibit: Aerial photo of 13" Street P70 DEC4TUR, TEXAS 76234 August 29, 2011 City of Sanger Attn: City Council 201 Bolivar Sanger, Texas 76266 RE: 13`h Street Abandonment Dear Sanger City Council: I am James F. Wood, General Partner, of J & S Wood, L.P. We own the property located at 1301 Bolivar Street. We are requesting to abandon 13th Street between Elm Street and Bolivar Street. We have spoken with Marland Knight of SKD Family Partners, Ltd., who are the owners of 1212 Elm Street and 1209 Bolivar Street, directly across from our property. We are all in agreement of abandoning 13`h Street. We would request that the Council consider our request and proceed with this matter. Should you have any questions or require anything further, please contact my Business Manager, Audra Rhine, at 817-996-9985. Thank you for your consideration, 'James F. Wood General Partner JFWlbs P 7 "1 SKD F"IL Y PAR TWERS, LTD 11574 Eagle View Dr. Slinger, Texas 76266-2976 August 29, 2011 City of Sanger Attn: City Council 201 Bolivar Sanger, Texas 76266 RE: 13a' Street Abandormient Dear Sanger City Council: I am Marland Knight of SKD Family Partners, Ltd. We own the properties located at 1212 Elm Street and 1209 Bolivar Street. We are requesting to abandon 13`1' Street between Elm Street and Bolivar Street. We have spoken with James F. Wood, General Partner of J & S Wood, L.P., who are the owners of 1301Bolivar Street, directly across from our property. We are all in agreement of abandoning 13tt' Street. We would request that the Council consider our request and proceed with this matter. Should you have any questions or require anything further, please contact me at 940-390-0039. Thank you for your consideration, Marland Knight P72 13th Street between Bolivar Street and Elm Street 73 ORDINANCE# 10-36-11 AN ORDINArNCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ABANDONING THE RIGHT-OF-WAY OF 13TH STREET BETWEEN BOLIVAR STREET AND ELM STREET; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sanger has received a request from the owners of the properties adjacent to the right-of-way of 131h Street between Bolivar Street and Elm Street to abandon it; and WHEREAS, the City Council has reviewed the public necessity of maintaining this right-of- way; and WHEREAS, the City Council has found that this right-of-way no longer serves a valuable enough public interest to merit its continued maintenance; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, 'TEXAS: Section 1 The entire right-of-way of 13`' Street, from the northern edge of the right-of-way of Bolivar Street to the southern edge of the right-of-way of Elm Street, is hereby abandoned. Section 2 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would bave been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4 Any person, firer, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 5 This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. P74 DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this _day of October, 2011. APPROVED: Mayor Thomas Muir ATTEST: City Secretary Tarni Taber P'l 5 To: Mayor and Council From: Mike Brice, City Manager Bate: 09/2812011 Re: Park Master Planning The 4B board has approved contracting with Dunkin, Simms and Stoffels to complete a master plan for our parks system. This is the firm that designed the sports park. The plan will look at the future use of both existing narks and future park land. 4B will be covering the cost of the plan at $36,500 plus expenses. The plan will help us utilize existing and new park land in the most efficient and effective manner. It will also assist us in prioritizing future park development. Staff recommends approval. P76 September 15, 2011 Mr. Mike Brice City Manager City of Sanger 201 Bolivar Sanger,Texas 76266 Dear Mr. Brice: Please find enclosed three (3) executed contracts, on my behalf, for the Master Planning of Railroad Park, Switizer/Community Park, 7 Acre Neighborhood Park, and the 52 Acre Park in Sanger, Texas. Please sign and return one (1) executed copy back to our office for our records. If you have any questions please do not hesitate to contact me. incerely, Dennis Sims, RLA, ASLA Principal 9603 White Rock Trail, Suite 210 Dallas, Texas 75238 (214) 553-5778 P 7 7 CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES This CONTRACT is made and entered into this _ day of , 2011, by and between the City of Sanger, hereinafter called the CITY, and Dunkin Sims Stoffels, Inc., a corporation, hereinafter called the LANDSCAPE ARCHITECT. RECITALS This CONTRACT is applicable to the furnishing of landscape architectural/park planning services by the LANDSCAPE ARCHITECT for the City of Sanger and the Railroad Park, Switizer/Community Park, 7 Acre Neighborhood Park, and 52 Acre Park Site. CONTRACTUAL UNDERTAKINGS Section I Employment of LANDSCAPE ARCHITECT Employment of the LANDSCAPE ARCHITECT The CITY hereby agrees to retain the LANDSCAPE ARCHITECT to perform professional landscape architectural services in connection with the Project; LANDSCAPE ARCHITECT agrees to perform such services in accordance with the terms and conditions of this CONTRACT. Scope of Services The parties agree that LANDSCAPE ARCHITECT shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and thereby made a part of this CONTRACT. The parties understand and agree that deviations or modifications in the form of written change orders may be authorized from time to time by the CITY. Section II Authorization of Services No professional services of any nature shall be undertaken by the LANDSCAPE ARCHITECT pursuant to this CONTRACT until LANDSCAPE ARCHITECT has received written authorization to proceed from the CITY. Section III Period of Service This CONTRACT shall be effective upon execution by the CITY and LANDSCAPE ARCHITECT, and shall remain in force until terminated under the provisions hereinafter provided in Section XIII. P78 Section IV Coordination with the CITY The LANDSCAPE ARCHITECT shall hold periodic conferences with the CITY, or its representa- tive(s), in an effort to benefit from the CITY's experience and knowledge of existing needs and facilities, and so as to make the Project as consistent as is reasonably practicable with the CITY's current policies and standards. To implement this effort, the CITY shall make available to the LANDSCAPE ARCHITECT for use in performing the Project, all existing plans, maps, field notes, statistics, computations and other data in the CITY's possession pertaining to existing facilities which the CITY might believe could have any relation to the Project. The LANDSCAPE ARCHITECT may rely upon the accuracy and completeness of such plans, maps, field notes, statistics, computations and other data provided by the CITY to the LANDSCAPE ARCHITECT. Section V Compensation and Method of Payment The parties agree that the LANDSCAPE ARCHITECT shall be compensated for all services provided pursuant to this CONTRACT in the amount and manner set forth below. The professional services fee for completing the scope of services as outlined in Exhibit "A" which is attached hereto and thereby made a part of this CONTRACT. The LANDSCAPE ARCHITECT shall be reimbursed, at his actual incurred cost, for job -related expenses such as reproduction/printing, courier/delivery charges, data collection, etc. Billing for services will be submitted monthly or after completion of major phases of the work, whichever is most conducive for both parties to the CONTRACT. The LANDSCAPE ARCHITECT further agrees that it will prepare itemized statements for submittal, if requested by the CITY. Section VI Legal Requirements The LANDSCAPE ARCHITECT will advise and assist the CITY in the need and in applying for licenses or permits required by law, and will comply with ordinances, laws, orders, rules and regulations which pertain to its services hereunder. However, nothing contained herein shall alter the fact that the CITY shall be responsible to pay all costs or fees associated with any licenses and permits required by law. The CITY shall also have the sole responsibility to obtain all licenses or permits required by law. Section VII Standard of Care The LANDSCAPE ARCHITECT will perform and complete its work in a good and workmanlike manner. The LANDSCAPE ARCHITECT shall not, either during or after the term of this CONTRACT, disclose to any third party, any confidential information relative to the work or the business of the CITY, without the written consent of the CITY, except to the LANDSCAPE ARCHITECT's subcontractors. The CITY's representative shall at all times have access to the work for the purpose of inspecting the work and determining that the work is being performed in accordance with the terms of this CONTRACT. P79 Section Vlll Independent Contractor Relationship In performance of the services hereunder, the LANDSCAPE ARCHITECT shall be an independent contractor with the sole authority to control and direct the performance of the details of the work. The LANDSCAPE ARCHITECT is self-employed, shall not purport to be an employee or an agent of the CITY, and shall not have any right or power to bind the CITY to any obligation not otherwise specifically authorized in writing by the CITY. The LANDSCAPE ARCHITECT shall provide its own premises for performance of its duties hereunder, but shall have free access to the premises of the CITY and any information, records and other material relevant to its work hereunder. Section IX Insurance The LANDSCAPE ARCHITECT shall provide a certificate reflecting its coverage by worker's compensation insurance and public liability insurance to the CITY for bodily injury and property damage in the following amounts: $250,000.00 for each person/ $500,000.00 for each single occurrence for bodily injury or death/ $100,000.00 for each single occurrence for injury to or destruction of property. The LANDSCAPE ARCHITECT agrees and warrants that such coverage shall be maintained during the term of this CONTRACT. In the event that the limits of liability imposed upon municipalities are increased by the Legislature of the State of Texas, the parties agree that the LANDSCAPE ARCHITECT shall increase the coverage and lirnits of liability required by this CONTRACT to conform to the liability limits established by the Legislature of the State of Texas. Section X Progress Meetings The LANDSCAPE ARCHITECT or its designee agrees to attend all progress meetings scheduled by the CITY, and at such meetings will endeavor to outline work accomplished and identify any special problems or delays known to the LANDSCAPE ARCHITECT which are encountered in connection with the Project during the previous report period, as well as planned work activities and special problems and delays anticipated for the next report period. Section XI Ownership of Documents All documents, including master plans and drawings, prepared or furnished by the LANDSCAPE ARCHITECT (and LANDSCAPE ARCHITECT's independent professional associates and consultants) pursuant to this CONTRACT are instruments of service with respect to the Project, and the CITY shall retain ownership and property interest therein, whether or not the Project is completed, upon full and complete payment by the CITY to the LANDSCAPE ARCHITECT for the cost of the work as defined in Exhibit "A". The CITY may use the plans, drawings and specifications for information and reference in connection with the use and occupancy of the Project by the CITY and others; however, such documents are not intended or represented to be suitable for reuse by the CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the LANDSCAPE ARCHITECT for the specific purpose intended will be at the CITY's sole risk and without liability or legal exposure to the LANDSCAPE ARCHITECT, or to the LANDSCAPE ARCHITECT's independent professional associates and consultants. Section XII Termination Either party to this CONTRACT may terminate the CONTRACT by giving to the other party thirty (30) days' notice in writing. Upon delivery of such notice by the CITY to the LANDSCAPE ARCHITECT, the LANDSCAPE ARCHITECT shall discontinue all services in connection with the performance of this CONTRACT and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this CONTRACT. As soon as practical after receipt of notice of termination, the LANDSCAPE ARCHITECT shall submit a statement, showing in detail the services performed under this CONTRACT up to the date of termination. The CITY shall then pay the LANDSCAPE ARCHITECT within fifteen (15) days that proportion of the prescribed charges which the services actually performed under this CONTRACT bear to the total services actually performed under this CONTRACT, less such payments on account of the charges as have been previously made. Originals of all completed or partially completed plans, designs and text prepared under this CONTRACT shall be promptly delivered to the CITY upon termination of this CONTRACT. Section XIII Entire Agreement This CONTRACT represents the entire agreement between the parties covering the subject matter. No modifications or amendments shall be valid unless in writing and signed by both of the parties. Section XIV Severability In case any one or more of the provisions contained in this CONTRACT 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 CONTRACT shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Section XV Performance This entire CONTRACT is performable in Denton County, Texas, and the venue for any action related, directly or indirectly, to this CONTRACT or in any manner connected therewith shall be Denton County, Texas, and this CONTRACT shall be construed under the laws of the State of Texas. ME Section XVI Successors and Assignments The CITY and the LANDSCAPE ARCHITECT each binds himself and his successors, executors, administrators and assigns to any other party of this CONTRACT and to the successors, executor's, administrators and assigns of such other party, in respect to all covenants of this CONTRACT. Except as above, neither the CITY nor the LANDSCAPE ARCHITECT shall assign, sublet or transfer its interest in this CONTRACT without the written consent of the other party. Nothing herein shall be construed as creating any personal liability on the part of any officer, agent or employee of the CITY or the LANDSCAPE ARCHITECT. Section XVII Preparation of Alternates The LANDSCAPE ARCHITECT's fees are based upon the total dollars allocated for construction of the project. The LANDSCAPE ARCHITECT will prepare an estimate for probable cost of construction. This estimate will be based upon the design development phase of the project. Should the CITY request design alternate(s) be prepared for bidding, the LANDSCAPE ARCHITECT will invoice the CITY, in addition to the original contract amount as set forth in Exhibit "A", the agreed upon percentage of construction cost for preparation of plans, construction documents, and specifications for the alternate(s). Any such additional expenses shall be pre - authorized by the CITY in advance of work being performed. Section XVIII indemnity The LANDSCAPE ARCHITECT agrees to indemnify and hold harmless the CITY and its officers, agents and employees of and from damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, which directly arise out of the LANDSCAPE ARCHITECT's breach of any of the terms or provisions of this CONTRACT, or by any other negligent act, error or omission of the LANDSCAPE ARCHITECT, its agents, servants, employees, subcontractors, or any other persons or entities for whose acts the LANDSCAPE ARCHITECT is legally liable. P82 EXECUTED in three (3) counterparts (each of which is an original) on behalf of the LANDSCAPE ARCHITECT by its Principal shown below, and on behalf of the CITY by its (thereunto duly authorized), this day of 2011. CITY OF SANGER [Signature] Mr. Mike Brice, City Manager [Typed Name, Title] ATTEST: [Signature] DUNKIN SIMS ST®FFELS, INC. Landscape Architects/Planners [Signature] Dennis. Sims. Principal [Typed Name, Title] ATTEST: [Signature] A P83 EXHIBIT'A' September 6, 2011 Mr. Mike Brice City Manager City of Sanger 201 Bolivar Sanger, Texas 76266 Dear Mr. Brice: We appreciate the opportunity to submit this scope of services for Master Planning four parks in Sanger, Texas. Master Plans will be prepared for the following parks: Railroad Park, switizer/Community Park, 7 Acre Neighborhood Park, and the 52 Acre Park on Interstate 35. This proposal is being submitted for your review and approval. Recreation Needs Assessment The purpose of the Needs Assessment is to gain an understanding of the recreational elements required for each park. We will work with the City of Sanger Staff to determine the specific needs. We will also review future land use and population projections adjacent to the park. Summary of Fees The following will outline the fixed fee for each of the parks' Master Plan. 1. Railroad Park $ 7,500.00 2. Switizer/Community Park $ 5,500.00 3. 7 Acre Neighborhood Park $ 7,000.00 4. 52 Acre Park Site $ 16,500.00 Total: $ 36,600.00 9603 White Rock Trail, Suite 210 Dallas, Texas 75238 (214) 553-5778 P B 4 Proiect Deliverables The following deliverables will be provided at the conclusion of the Master Plan process. 1. A scale rendering of the Master Plans. 2. An electronic copy for each Master Plan. 3. Preliminary estimates for construction cost for each park. 4. Recommended phasing plan for the parks, if required. We have included four (4) night meetings with City Staff and the appropriate board or council. Plan and Specification Printina The Consultant will invoice the City the incurred cost for all out -of -house printing of plans, specifications and plotting of AutoCAD files. Requested mounting or laminating of master plans will also be invoiced at the incurred cost. We appreciate the opportunity to submit this Scope of Services and we look forward to working with you and the City of Sanger. If you have any questions, do not hesitate to call me. Sincerely, i 'Y Dennis Sims, ASLA Principal 01 P85 � /op 3; r , IBM - ME CITY OF SANGER, TEXAS CASH AND INVESTMENTS As of August 31, 2011 CASH AND INVESTMENTS Unrestricted: Cash for Operations Investments for Operations Restricted: Tourism Keep Sanger Beautiful (KSB) Court Technology and Security Equipment Replacement Library Parks Animal Control One Plus Donations Safety Incentive Water Deposits Debt service Capital Projects: Capital Improvements Bond Projects TOTAL CASH AND INVESTMENTS CASH AND INVESTMENTS ENTERPRISE GENERALFUND FUND DEBT SERVICE CAPITAL FUND PROJECTS FUND TOTAL $ 182,307 $ 906,563 $ 25,161 $ 419,302 $ 1,533,332 605,408 445,026 1,050,435 22,911 22,911 1,788 1,788 14,261 14,261 149,451 31,984 181,435 69,506 69,506 7,648 7,648 50 50 1,320 1,320 22,937 22,937 293,519 293,519 587,192 174,654 761,846 1,307,485 1,307,485 1,435,759 1,435,759 $ 1,053,331 $ 3,596,026 $ 199,815 $ 1,855,061 $ 6,704,234 Nib Bond Projects Cash for Operations 21.42% p 22.87% Capital Improvements 19.50% Investments for Operations 15.67% KSB Tourism 0.03% Debt service 0.34% Court Tech & Security 11.36% 0.21% Water Deposits Equip Replace 4.38% Library 2.71% 1.04% Parks Safety Incentive One Plus 0.11% 0.34% 0.02% REVENUE -ENTERPRISE FUND Water Wastewater Tap Fees Electric Interest Miscellaneous TOTAL REVENUE CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES For the Eleven Months Ending August 31, 2011 OVER BUDGET YTD ACTUAL BUDGET (UNDER) BUDGET 1,181,618 1,230,500 (48,882) 974,466 1,070,000 (95,534) $7,000,000 31,500 85,000 (53,500) $6,500,000 6,869,861 7,800,000 (930,139) $6,000,000 31,656 35,000 (3,344) $5,500,000 70,672 87,900 (17,228) $5,000,000 9,159,773 10,308,400 (1,148,627) $4,500,000 ACTUAL % OF BUDGETED REVENUE 89% (OVER) BUDGET EXPENDITURES - ENTERPRISE FUND YTD ACTUAL BUDGET UNDER BUDGET Administration 637,304 773,782 136,478 Water 694,737 908,285 213,548 Wastewater 570,083 571,679 1,596 Electric 5,020,781 6,416,535 1,395,754 Debt Service 912,040 1,019,355 107,315 TOTAL EXPENDITURES 7,834,945 9,689,636 1,854,691 REVENUE OVER (UNDER) EXPENDITURES 1,324,828 618,764 706,064 OTHER FINANCING SOURCES (USES) Transfers to General Fund - 825,000 (825,000) Transfers to Capital Project Fund 500,000 825,000 (325,000) CHANGE IN FUND BALANCE 1,824,828 (206,236) (443,936) FUND BALANCE- BOY 3,183,491 3,183,491 FUND BALANCE - EOY 5,008,319 2,977,255 (443,936) ACTUAL % OF BUDGETED EXPENDITURES 81% $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 96% ENTERPRISE FUND REVENUE ■Actual BUDGET AND ACTUAL ■ Budget Wastewater Tap Fees Electric Interest Misc 91% 37% 88% 90% 80% EXPECTED % OF BUDGETED REVENUE 92% $6,500,000 $6,000,000 ENTERPRISE FUND EXPENDITURES BUDGET AND ACTUAL ■Actual ■ Budget $5,500,000 $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 — $1,000,000 $500,000 $ Administration Water Wastewater Electric Debt Service 82% 76% 100% 78% 89% EXPECTED % OF BUDGETED EXPENDITURES 92% REVENUE -GENERAL FUND Taxes Franchise Fees License & Permits Fire & Ambulance Fines & Forfeitures Other Solid Waste TOTAL REVENUE CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES For the Eleven Months Ending August 31, 2011 YTD OVER BUDGET ACTUAL BUDGET (UNDER)BUDGET 2,106,249 1,982,188 124,061 505,732 525,000 (19,268) 39,938 67,500 (27,562) 385,732 580,000 (194,268) 187,322 185,000 2,322 208,726 152,650 56,076 586,063 610,000 (23,937) 4,019,762 4,102,338 (82,576) ACTUAL % OF BUDGETED REVENUE 98% YTD (OVER) BUDGET EXPENDITURES - GENERAL FUND ACTUAL BUDGET UNDER BUDGET Administration 403,818 4 99,215 35,397 Police & Animal Control 1,056,583 1,180,768 124,185 Fire & Ambulance 623,322 781,229 157,907 Municipal Court 196,659 220,754 24,095 Development Services 199,271 219,819 20,548 Streets 303,657 513,767 210,110 Parks & Recreation 323,186 445,815 122,629 Library 145,233 178,962 33,729 Solid Waste 482,185 560,000 77,815 TOTAL EXPENDITURES 3,733,914 4,540,329 806,415 REVENUE OVER (UNDER) EXPENDITURES 285,848 (437,991) 723,839 OTHER FINANCING SOURCES Transfer from4A/4B 36,000 36,000 - Transfer from Debt Service - 104,115 (104,115) Transferfrom Enterprise Fund 325,000 (325,000) Transfer from Capital Project Fund (40,000) (40,000) CHANGE IN FUND BALANCE 281,848 27,124 254,724 FUND BALANCE - BOY 739,010 410,181 328,829 FUND BALANCE - EOY 1,020,858 437,305 583,553 ACTUAL % OF BUDGETED EXPENDITURES 82% GENERAL FUND REVENUE ■Actual BUDGET AND ACTUAL ■ Budget $2,000,000 $1,500,000 $1,000,000 $500,000 Taxes Franchise License Fire & Fines & Other Solid Waste 106% Fees & Permits Ambulance Forfeitures 137% 96% 96% 59% 67% 101% EXPECTED % BUDGETED REVENUE 93% GENERAL FUND EXPENDITURES ■Actual BUDGET AND ACTUAL $1,200,000 - ■ Budget $1,000,000 $800,000 $600,000 $400,000 $200,000 $ Admin Police & Fire & Municipal Develop p Streets Parks & 92% Animal Ctrl Ambulance Court Services 59% Recreation 89% 80% 89% 91 % 72% Library Solid 81% Waste 86% EXPECTED % BUDGETED EXPENDITURES 92% Investments 08/31 /2011 General Fund Certificates of Deposit, Money Market, and Cash Name Acct. # Maturity Yield* Balance Restricted DUE FROM POOL CASH 00-1000 0.50% $ 298,371.84 Operating acct. OPERATING ACCTS. $ 298,371.84 GF CD Prosperity Contingency 00-1039 1YR 1.00% $ 202,712.60 Contingency Reserve GF CD CONTIGENCY # 642606 00-1043 1YR 0.90% 202,955.73 GF CONTINGENCY MM #2487969 00-1031 MM 0.75% 150,268.29 CONTINGENCY RESERVE $ 555,936.62 GF EQUIP REPL CD 719706 00-1033 6 MO 1.30% $ 60,825.16 Y Equipment Replacement GF EQUIP REPL MM 2376237 00-1032 0.75% 88,626.17 Y EQUIPMENT REPLACEMENT $ 149,451.33 HOT/MOT TAX 00-2605 0.75% $ 22,911.45 Y Promotion of Tourism LIBRARY CD 702994 00-1035 0.90% 49,471.68 Y Library Bldg. Expansion BEAUT BOARD 00-2615 0.75% 1,788.19 Y Funds used by KSB PARK BOARD 00-2620 0.75% 7,647.69 Y Park Donations ANIMAL CONTROL 00-2635 50.00 MUNI COURT - TECH & SECURITY 00-2625 14,261.01 OTHER $ 96,130.02 TOTAL INVESTMENTS $1,099,889.81 TOTAL UNRESTRICTED $854,308.46 Investments 08/31/2011 Enterprise Fund Certificates of Deposit. Monev Market. and Cash Name Acct. # Maturity Yield Balance Restricted Description Due from Pool Cash $995,715.18 Operating Fund CASH $995,715.18 Water Deposit CD 2375850 00-1041 12MO 1.50% $228,173.70 Y For Utility Deposit Refunds WATER DEPOSIT REFUND ACCT. $228,173.70 Sewer Cap. Res. CD 642584 00-1044 3MO 0.70% $276,632.54 Y For waste water system capital Sewer Capital Reserve MM2380226 00-1038 0.75% $100,874.49 Y I improvements SEWER CAPITAL RESERVE $377,507.03 Water Capital Res MM 2376156 00-1037 0.75% $96,287.44 Y For water system capital improvements Water Capital Res CD#459844 00-1043 6MO 0.80% $833,690.81 Y WATER CAPITAL RESERVE $929,978.25 Combined EF Debt Service 755 00-1039 $223,805.30 EF Bond Res. CD 459585 00-1046 12MO 1.30% $349,683.19 99 &96 BD RES 2381400 MM 00-1033 0.49% $13,703.15 Y Bond Interest and Sinking Reserves BOND FUND RESERVES $587,191.64 E.F Reserve CD#642541 00-1040 30D 0.70% $101,946.58 Contingency Reserves EF Contingency Res. CD 459739 00-1047 0.95% $16,212.00 EF Contingency Res. CD 737860 00-1014 1.00% $301,490.75 EF Conting Resv MM 2809753 00-1012 $25,377.13 CONTENGENCY RESERVE $445,026.46 Utilized for equip. replacement for non- UF Equip Rep MM 2376202 00-1034 0.75% $31,984.16 Y budget items Safety & Incentive MM 2376199 00-2610 0.75% $22,936.65 Y Used for employee incentives & safety One Plus #2376415 MM 00-2605 0.75% $1,320.39 Y For customer utility assistance OTHER $56,241.20 Total Investments $3,619,833.46 Total Unrestricted $1,440,741.64 Investments 08/31 /2011 CAPITAL PROJECTS FUND Name Acct# Maturity Yield Balance 2006 Const. MM2376709 004-00-1021 0.75% $ 182,412.11 For construction of streets, 2006 CIP ST CONST #2458713 004-00-1040 0.50% Closed drainage, water & waste water 2006 TOTAL $ 182,412.11 lines, & electrical improvements. 2007 PWKS Facility MM 2472007 004-00-1050 0.75% $ 166,231.58 For new public works facilities 2007 TOTAL $ 166,231.58 2009 BOND PROCESS CONST 004-00-1060 MM 0.75% $ 999,993.77 For water, wastewater, street 2009 BOND CD#685771 004-00-1061 Closed and drainage improvements and 2009 BOND CD#685755 004-00-1062 3M 1.10% Redeemed the new sports park. 2009 BOND CD#685747 004-00-1063 6M 1.20% Redeemed 2009 TOTAL $ 999,993.77 WW Cap Imp MM #2839946 004-00-1020 MM 0.75% $ 87,121.83 NON -BOND $ 87,121.83 DEBT SERVICE FUND I&S Combined 003-00-1010 0.50% $ 174,653.96 DSF TOTAL $ 174,653.96 Bond Reserves Investments 08/31/2011 4A Certificates of Deposit, Money Market, and Cash Name Acct. # Maturity Yield Balance Restricted Cash #900020693 00-1010 0.50% $ 72,217.98 Y 4A Money Market #902551273 00-1012 0.75% $ 310,135.72 Y Sanger TX Ind Corp CD#486639 00-1013 6MO 1.30% $ 92,638.00 Y TOTAL INVESTED $ 474,991.70 4B Certificates of Deposit, Money Market, and Cash Acct. Name Acct. # Maturity Yield Balance Restricted Cash MMKT 2379694 00-1010 0.75% $ 216,296.20 Y 4B CD 461024 (6669) 00-1012 30D 1.00% Redeemed Y 4B CD #653500 00-1013 1 YR 0.70% $ 20,864.35 Y 4B CD #659924 00-1014 1 YR 1.30% $ 20,769.16 Y 4B CD# 664243 00-1015 1 YR 0.90% $ 20,808.63 Y 4B CD# 673277 00-1016 1YR 1.00% $ 20,789.81 Y 4B CD#686115 00-1017 1 YR 0.70% $ 20,773.93 Y 4B CD#689521 00-1018 1 YR 1.30% $ 20,704.90 Y 4B CD#694371 00-1019 1YR 1.05% $ 20,711.64 Y 4B CD #697230 00-1020 1YR 1.20% $ 20,683.28 Y 4B CD #699934 00-1021 1 YR 1.30% $ 20,683.89 Y 4B CD #702285 00-1022 1 YR 1.30% $ 20,613.20 Y 4B CD#706078 00-1023 1YR 0.90% $ 20,392.52 Y 4B CD#720097 00-1024 1YR 1.00% $ 20,241.89 Y 4B CD#720119 00-1025 1YR 1.20% $ 20,261.96 Y TOTAL INVESTED $ 484,595.36 SANGER PUBLIC LIBRARY MONTHLY REPORT AUGUST 2011 Submitted by Victoria Elieson HIGHLIGHTS: A new barcode reader purchased with State funds was installed on the reference desk. This will speed up cataloging, and will also allow the reference desk to be used as a second circulation station during really busy times. ADMINISTRATION: Repairs to the library air conditioners' condensate lines continued. Meetings attended: Library Board, 8/8 North Texas Library Consortium, 8/25, Roanoke CIRCULATION: The exchange of packets of DVDs, videotapes and audiobooks with other libraries is being discontinued because of lack of interest by other libraries. Patrons borrowing from our Consortium partners will now be the main means of providing materials that we don't own. COLLECTION: Continued the annual inventory. PROGRAMS: Adult programs held: Two Knitting and Crochet workshops, a Health Matters program about changes to health insurance and the book club meeting. The last gaming weekend of the season was well attended. Best attended was the Saturday afternoon session when 23 teens and pre -teens came. Usually the library takes a break from children's programming in August, but this year we had one program. Ronald MacDonald visited. The program was attended by 24 children and 11 parents. P94 AUGUST 2011 STATISTICS 2010 2011 BORROWER CARDS Last Month 3300 3947 New Cards 61 62 Cards withdrawn 0 1 Cards reactivated 46 19 TOTAL 3407 4027 CIRCULATION Nonfiction 461 392 Fiction 884 924 Junior Fiction 279 296 Children's Books 513 608 Leased Books 182 174 Interlibrary Loan 12 1 Spanish Materials 6 19 Audio Books 109 146 Music CDs 22 25 Video Materials 981 780 Equipment 19 10 from other libraries 180 234 TOTAL CIRCULATION 3648 3609 to other libraries 62 81 INTERNET USERS 996 1262 PROGRAMS Children's Programs 3 4 Children Attending 27 72 Adults Attending 2 13 Other Programs 2 4 Number Attending 16 26 VOLUNTEERS Number of Adults 10 13 Number of Juniors 2 4 Number of Hours 117 110 COLLECTION Books 15,706 16,716 Leased Books 180 154 Paperback Fiction 2,525 2,594 Audio Books 612 674 Music CDs 406 365 CD-ROM 196 198 Videocassettes 946 915 DVD 730 928 Microfilm 79 84 Equipment 4 4 TOTAL COLLECTION 21,384 22,632 REVENUE Fines $183.04 $228.15 Copies $117.91 $148.45 ILL Postage $10.63 $0.00 New Cards $9.50 $6.00 Lost Materiais -$0.46 $24.63 TOTAL $320.62 $407.23 P95 AI the Texas Department of Insurance on August Sth BY Lynne S. Smiland Confused about health care insurance, maybe even before all the changes pro- posed or enacted? Not sure which change goes into effect when? Or maybe you have had trouble getting insurance, because of a past illness or medical condition.? Changes in regulations mean almost everyone needs to update their understanding of medi- cal insurance from small-busi- ness owner to employee to managers and CEO's of cities and large corporations. Your library is here to help. Sanger Public Library will host Marty Otero, Outreach Specialist from the Texas De- partment of Insurance, on Thursday, August 25th, at 6 p.m., to provide free "Insur- ance Answers". Ms. Otero will be explaining recent and future insurance changes and answering questions, as well as distributing brochures on various insurance topics. Ms. Otero is a bilingual communi- cation professional with more than 25 years of experience coordinating educational and informational programs and executing public relations campaigns. She's worked for several state agencies, includ- ing Workforce Solutions, the University of Texas at El Paso, and the AgriLife Extension Service. In addition, she has coordinated programs and media outreach for several school districts, such as Fort Worth and Houston. Now Ms. Otero coordinates out- reach efforts for the Texas Consumer Health Assistance Program, educating and in- forming consumers about the best possible health care op- tions for them. The Texas Consumer Health Assistance Program (CHAP) is operated by the Texas Department of Insur- ance to helpTexas consumers with health insurance issues. They do not sell insurance but explain consumer's rights under the federal health care reform and state law, help consumers enroll in a health plan, including the Pre -Ex- isting Condition Insurance Plan, help consumers appeal a health plan's denial of a treat- ment or service, help resolve complaints against a health plan or insurer, and help small businesses obtain the health care premium tax credit. Tex- as CHAP is part of a network of state consumer assistance programs funded by a grant from the U.S. Department of Health and Human Services. All Texans need to know what their health insurance status is, and how to obtain the best insurance to meet their individual needs. No reservations are required for this important program on the 25th. Just come at 6 p.m. with questions ready. A head count would be helpful for setting up chairs and puttiing together informational pack- ets though, so please do try to let the library know if you plan to come, at 458-3257, or library@sangertexas.org. P97 MONTH & YEAR August 2011 SUBMITTED: 9 (NAME Anthony Dodson __ P98 David J. Park Vice President Rates & Reaulatory Affairs August 31, 2011 City Official Re: Rider GCR - Rate Filing under Docket No. 9762 Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR applicable for the September 2011 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative purposes only and no action is required on your city's part. Should you have any questions, please let me know. Sincerely, I rv.-f�% Attachment Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 9 9 P 214-206-2568 F 214-206-2126 David.Park@atmosenergy.com ATMOS ENERGY CORPORATION MID-TEX DIVISION STATEMENT OF RIDER GCR September 2011 PREPARED IN ACCORDANCE WITH GAS UTILITIES DOCKET NO. 9762 Part (a) - Mid -Tex Commodity Costs Line (a) (b) 1 Estimated Gas Cost per Unit: $4.3694 2 Estimated City Gate Deliveries: 4,381,638 3 Estimated Gas Cost: 19,145,131 4 Lost and Unaccounted For Gas % 2.5932% 5 Estimated Lost and Unaccounted for Gas $496,472 6 Total Estimated City Gate Gas Cost: $19,641,603 7 Estimated Sales Volume: 3,928,334 8 Estimated Gas Cost Factor- (EGCF) $5.0000 9 Reconciliation Factor- (RF): $0.0000 10 Taxes ('rXS): $0.0000 11 Adjustment -(ADJ): $0.0000 Btu Factor Per MMBtu 12 Gas Cost Recovery Factor- (GCRF) $5.0000 per Mcf 1.024 $4.8828 Part (b) - Pipefine Services Costs Line (a) (b) (c) (d) (e) Rate I -Industrial Service Rate R - Residential Rate C - Commercial Rate T -Transportation 13 Fixed Costs Fixed Costs Allocation Factors [Set by GUD 9752 & Cities] 100.0000% 63.4698% 302824% 6-2478% 14 a. Current Month Fixed Costs of Pipeline Services $11,924,705 $7,563,586 $3,611,087 $745,032 15 It. Plus: Second Prior Month Recovery Adjustment $0 $0 $0 $0 $745,032 16 Net Fixed Costs $11,924,705 $7,568,586 $3,611,087 17 Commodity Costs a. Estimated Commodity Cost of Pipeline Services $209,207 $55,955 $64,388 $88,864 - 18 b. Plus: Second Prior Month Recovery Adjustment $0 $ - $ - $ 19 Net Commodity Cost of Pipeline Services $209,207 $55,955 $64,388 $88,854 20 Total Estimated Pipeline Costs (Line 16+Line 19) $12,133,912 $7,624,541 $3,675,475 $833,896 21 Estimated Billed Volumes 22 Pipeline Cost Factor (PCF) [Line 201 Line 211 1,732,661 Mcf $4.4005 Mcf 2,072,114 Mcf $1.7738 Mcf a 3,219,695 MMBtu $0.2590 MMBtu 23 Gas Cost Recovery Factor- (GCRF) [Line 121 $5.0000 Met $5.0000 Mcf $4.8828 24 Rider GCR $9.4005 Mcf $6.7738 Mcf Rate I - $5.1418 MMBtu 25 Rate T- $0.2590 MMBtu Industrial Service and Transportation are reported in MMBtu. An MMBtu conversion factor of 1.024 is used. z Y x David J. Park Vice President Rates & Regulatory Affairs August 31, 2011 To the Honorable Mayor and City Council Re: Notice of Revenue Neutral Modification to Atmos Energy Corp., Mid -Tex Division's Rider GCR Dear Mayor and City Manager, Through this filing, Atmos Energy Corp., Mid -Tex Division ("Atmos") notifies the City of a minor modification that is being made to its Rider GCR that will be effective for bills rendered on or after October 1, 2011. The tariff revision, which is attached as Exhibit A to this correspondence, is intended to smooth the effect of significant monthly fluctuations in gas cost recovery caused by the current method of calculating upstream pipeline cost recovery. Atmos will experience no change in revenues as a result of the modification to the Rider GCR. Therefore, no affirmative action on the part of the City is required. If you have any questions regarding this tariff modification, please do not hesitate to contact me at (214) 206-2568. Sincerely, avid J. Park Attachment: Exhibit A Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 214-206-2568 F 214-206-2126 David.Park@atmosenergy.com Pi O'l MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: I GCR — GAS COST RECOVERY APPLICABLE TO: I All cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: 1 10/1/2011 1 PAGE: 1 Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated in Section (b) below. The amount due for gas cost (Section (a)) is determined by multiplying the Gas Cost Recovery Factor (GCRF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on a Mcf basis. For Customers receiving service under Rate I, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. The amount due for pipeline cost (Section (b)) is determined by multiplying the Pipeline Cost Factor (PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. (a) Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor (GCRF), as determined with the following formula: GCRF = Estimated Gas Cost Factor (EGCF) + Reconciliation Factor (RF) + Taxes (TXS) EGCF = Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and industrial sales. Lost and unaccounted for gas is limited to 5%. RF = Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of interest over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed over that same twelve-month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. The interest rate to be used is the annual interest rate on overcharges and under charges by a utility as published by the Public Utility Commission each December. The interest rate for calendar year 2009 is 2.09%. Actual Gas Cost Incurred = The sum of the costs booked in Atmos Energy Corp., Mid -Tex Division account numbers 800 through 813 and 858 of the FERC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also includes a credit or debit for any out -of -period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Also includes any prudently incurred transaction -related fees, gains or losses and other transaction costs associated with the use of various financial instruments that are executed by the Company for the purpose of price volatility mitigation. P102 MID-TEX DIVISION ATMOS ENERGY CORPORATION I RIDER: I GCR—GAS COST RECOVERY APPLICABLE TO: ( All cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: 1 10/112011 ( PAGE: 2 Actual Gas Cost Billed = EGCF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncollectible and written off which remain unpaid for each month of the reconciliation period. Any amount remaining in the reconciliation balance after the conclusion of the period of amortization will be maintained in the reconciliation balance and included in the collection of the next RF. Atmos Energy shall file annual reports with the Commission, providing by month the following amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off, Gas Cost Collected and Margin Collected. TXS = Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industrial sales. ADJ = Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated total residential, commercial, and industrial sales is to be included as a separate line item surcharge. (b) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor (PCF) is calculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF is: PCF = PP / S, where: PP = (P - A) x D, where: P = Estimated annual cost of pipeline service calculated pursuant to Rate CGS D = Pipeline service allocation factor for the rate class as approved in the Company's most recent rate case, as follows: Pipeline Cost Rate Class Allocation Factor (D Rate R - Residential Service .634698 Rate C - Commercial Service .302824 Rate I - Industrial Service and Rate T - Transportation Service .062478 A = Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue balance for the most recent 12 months ending June 30, calculated by the formula: I MID-TEX DIVISION ATMOS ENERGY CORPORATION I RIDER: I GCR— GAS COST RECOVERY APPLICABLE TO: I All cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: 1 10/112011 1 PAGE: 3 A = R - (C - A2), where: R = Actual revenue received from the application of the PP component for the most recent 12 months ending June 30. C = Actual pipeline costs for the most recent 12 months ending June 30. A2 = The adjustment (A) applied to the PP component for balances from the preceding 12 months ending June 30. S = Estimated annual Mcf or MMBtu for the rate class for the current and ensuing billing months ending June 30. The PCF is calculated to the nearest 0.0001 cent. The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost is determined to the nearest whole cent. P104