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12/05/2011-CC-Agenda Packet-RegularS2�TEXA'L S AGENDA CITY COUNCIL MONDAY, DECEMBER 5, 2011 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: November 21, 2011. b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss, and Possibly Act on Bids Received for Bolivar Street, 1st Street & 3rd Street Covering the Construction of Paving and Utility Improvements. 6. Conduct Public Hearing on Amending the Comprehensive Zoning Ordinance and Central Zoning Map by Changing the Zoning Classification From "A" Agricultural District to 11I-1" Industrial District on Property Legally Described as Approximately 37.27 Acres Within Tract 123 of the Rueben Beebee Survey, Located on the East Side of Interstate 35 and Ranger Branch, Between Belz Road and Utility Road. 7. Consider, Discuss and Possibly Approve Ordinance #12-39-11 — Amending the Comprehensive Zoning Ordinance and Central Zoning Map by Changing the Zoning Classification From "A" Agricultural District to "I-1" Industrial District on Property Legally Described as Approximately 37.27 Acres Within Tract 123 of the Rueben Beebee Survey, Located on the East Side of Interstate 35 and Ranger Branch, Behveen Belz Road and Utility Road. S. EXECUTIVE SESSION: Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.071 (Consultation with Attorney) - Regarding Contemplated or Pending Litigation Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session. 9. INFORMATION ITEMS a) 2012 Council Meeting Dates and City Observed Holidays b) ATMOS Energy Rider GCR — Rate Filing Under Docket No. 9762 10. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the gener public at all times, and said notice,,was posted on the following date and time: L&A-, v7� 201Z at I/.80 A.m. and shall remain posted until meeting is adjourned. Tami Taber, City Secretary City of Sanger, Texas `\W c ,,f" 4ununn0 This facility is wheelchair accessible and accessible parking spaces are available. Requests for acconnnodatioas or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL MEETING November 21, 2011 PRESENT: Mayor Thomas Muir, Councilmember Marjory Johnson, Councilmember Russell Martin, Councilmember Scott Stephens and Councilmember Andy Garza ABSENT: Councilmember Bilyeu OTHERS PRESENT: Mike Brice City Manager, Cheryl Price Deputy City Secretary, Kelli Alexander, Sam Alexander 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:02 p.m. Councilman Garza led the Invocation followed by Councilmember Martin leading the Pledge of Allegiance. 3. CONSENT AGENDA: a) Approval of Minutes: November 7, 2011 - Council Meeting b) Disbursements c) Consider Appointing the Following to Open Board Positions: Planning and Zoning Commission, Place 5: Evelyn Shaw Board of Adjustment (Alternate): Justin Allen Parks Board, Place 2: Lee Allison Library Board, Place 3: Dorcyle McClure A motion was by Councilmember Johnson to approve. The motion was seconded by Councilmember Garza. The motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA: 5. Discuss, Consider and Possibly Act on Approving Resolution #11-20-11 - Voting for Candidates to the Denton Central Appraisal District Board of Directors. A motion was made by Councilmember Johnson to Approve Resolution #11-20-11, casting Sanger's 10 votes with five (5) votes to John Mahalik and 5 Votes for Carroll G. Maclin. The motion was seconded by Councilmember Martin. The Motion carried unanimously. 6. Discuss, Consider and Possibly Act on Appointing one of the Following to Fill the Veterinarian Position on the Animal Advisory Board: Sherri Swanton -Vinson DVM or Shellie Wallace DVM. Mayor Muir provided some background noting efforts that had been taken to recruit a veterinarian for the position on the Animal Board after Dr. Goodman resigned. Dr. Goodman suggested that it may be a good idea to hire a veterinarian from P1 another city who was removed from the local issues. Several efforts were made to recruit veterinarian's from other locales. It was noted the two candidates were both local veterinarians. Short discussion ensued regarding the two local candidates for the position and that they were both good candidates and both professionals in thier field. Councilmember Martin noted concern that they were both local veterinarians. A motion was made by Councilmember Johnson to appoint Shelly Wallace, DVM to the Veterinarian position on the Animal Advisory Board, and Appoint Sherri Swanton -Vinson DVM as an Alternate on the Animal Advisory Board. The Motion was seconded by Councilmember Stephens. Comcilmember's Johnson, Stephens, and Garza voting in favor and Councilmember Martin voting in opposition to the Motion. The motion carried with a three (3) to one (1) vote. 7. Discuss, Consider and Possibly Act on Approving the Proposed Final Plat of the Shelton Addition, 0.613 Acres Located on the East Side of Jones Street, South of Willow Street. City Manager Brice gave a brief summary of the item. He noted that this plat has begun the 30 day automatic approval since the Planning and Zoning Commission did not have a quorum at their last meeting. He noted the plat is a subdivision subdividing one residential lot into two residential lots. He noted that there was'/a of an acre of land and it was sufficient land for the subdivision into two lots. A motion was made by Councilmember Johnson to approve the Final Plat of the Shelton Addition as presented. The motion was seconded by Councilmember Stephens. The motion carried unanimously. 8. Discuss, Consider and Possibly Act on the Proposed Final Plat of the McCormick Addition, 6.169 Acres Located on the North Side of Lois Road, West of Interstate 35. It was noted the caption on the Agenda and the Agenda Item Cover Sheet be corrected to note the "East" side of Interstate 35. City Manager Brice summarized that this plat has also begun the 30 day automatic approval since the Planning and Zoning Commission did not have a quorum at their last meeting. This lot is also a subdivision subdividing one residential lot into two residential lots. It was noted that the second lot was at the back of the property and there was concern that there was no access. City Manager Brice noted that it is illegal top subdivide property without access. It was noted it was a flag lot and there is a 30 foot easement along the west side of the property to give permanent access to the lot. A motion was made by Councilmember Martin to approve the Final Plat of the McCormick Addition as presented. The motion was seconded by Councilmember Garza. The motion carried unanimously. . Due to questioning by Councilmember Garza at the beginning of discussion of Item 10. It was unanimously decided that Agenda Items 9 and 10 should be reversed. Putting the Development Agreements before the Annexation. 10. Discuss, Consider and Possibly Act on Approving Development Agreements in Lieu of Annexations for Approximately 313 Acres Located West of Interstate 35 and P2 North of Lois Road. City Manager Brice noted during brief discussion that the Development Agreements in Lieu of Annexation allow the properties to stay out of the city for 10 years unless there is any change of use on the property. A motion was made by Councilmember Garza to approve the Development Agreements in Lieu of Annexations for Approximately 313 Acres located west of Interstate 35 and North of Lois Road. The motion was seconded by Councilmember Johnson. The motion carried unanimously. 9. Discuss, Consider and Possibly Act on Approving Ordinance #11-38-11 - Annexing Approximately 224 Acres Located West of Interstate 35 and North of Lois Road. City Manager Brice advised through questioning that once a property is annexed it comes in as Agricultural zoning. A motion was made by Councilmember Johnson approving Ordinance #11-38-11 Annexing approximately 224 Acres located West of Interstate 35 and North of Lois Road. The motion was seconded by Councilmember Garza. The Motion carried unanimously. 11. INFORMATION ITEMS: a) Financial and Investment Report - October City Manager Brice noted the Finance Director, Katie Griffin found two $44,000 errors in the Water Revenue accounts which were posted to this month and skewed the figures. He noted that Water Revenues are running at about, $100,000. b) Library Report - October c) Animal Control Report - October d) ATMOS Energy Rider GCR — Rate Filing Under Docket No. 9762 e) Suddenlink Price Adjustment Letter 12. Adjourn Mayor Muir adjourned the meeting at 7:45 p.m. P3 11/23/2011 8:55 AM A / P CHECK REGISTER PACKET: 04688 Rsgulam Payments 11/22/11 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: I CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 21390 ACTON PUMPING, INC I-11-111101 PUMPING LIFT STATION R 11/23/2011 300.000R 048640 300.00 19050 BE NODDY BANK / APLAZON 1-117362296827 CUBIC R 11/23/2011 40.97CR 048641 I-117368761182 DVD-S R 11/23/2011 45.62CR 048641 1-185010032925 6 DVDS R 11/23/2031 13.99CR 048641 I-185015360420 6 DVDS R 11/23/2011 17.99CR 048641 I-185018504878 6 DVDS R 11/23/2011 16.99CR 048641 135.56 1 BANKS, JAHREE I-MCCORMICK CC MCCORMICK CC R 11/23/2021 100.000R 048642 100.00 00420 BOUND TREE MEDICAL, LLC I-57763961 MEDICAL SUPPLIES R 11/23/2011 17.10CR 048643 I-80665543 LATEX GLOVES R 11/23/2011 477.60CR 048643 I-80666161 MEDICAL SUPPLIES R 11/23/2011 791.52CR 048643 I-80666162 MEDICAL SUPPLIES R 11/23/2011 18.30CR 048643 1,304.52 22720 BNI I-217174D 9 CHILDREN S BOOKS R 11/23/2011 23.98CR 048644 23.98 02490 CENTURYLINK I-11/10/2011 PHONE DOE 10 TO DEC 9 R 11/23/2011 1,267.08CR 048645 1,267.08 12760 CINTAS, INC. I-492558093 UNIFORMS 10/11-9/12 R 11/23/2011 68.88CR 048646 I-492561247 UNIFORMS 10/11-9/12 R 11/23/2011 68.88CR 048646 137.76 00600 CITY OF SANGER I-DCC 11/16/2011 DENTON COUNTY CLERKS R 11/23/2011 15.000R 048647 15.00 23930 COLLIN COUNTY TREASURY I-201111224630 ME - REPORT 'R 11/23/2011 25.000R 048648 25.OD 04160 COMET CLEANERS I-201111224631 CLEAN SANTA SUIT R 11/23/2011 25.000R 048649 25.00 00640 CWLMERCIAL SERVICES I -DEC 2011 ICE MACHINE LEASE 12MO11TH R 11/23/2011 400.000R 048650 400.00 11570 CULLIGAN I-09092882 WATER BOTTLE SERVICE - R 11/23/2011 9.000R 048651 9.DD P4 11/23/2011 8:55 AM A / P CHECK REGISTER PACKET: 04688 Regular Payments 11/22/11 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DEEP TYPE DATE DISCOUNT AMOUNT NOi AMOUNT 18190 DEPARTMENT OF INFORMATION RESOURCE I-12020983N LONG DISTANCE 10/1-10/31 R 11/23/2011 27.17CR 048652 27.17 13050 DIXIE DECORATIVNS, IBC 1-19495 CHRISTMAS LIGHTS R 11/23/2011 130.000R 048653 130.00 23820 FERGUSON WATERWORKS I-0517550-2 SUPPLIES WATER LINE R 11/23/2011 54.20CR 048654 54.20 18790 FUELMAN I-14P32191363 VEHICLE FUEL 11/14-11/20 R 11/23/2011 2,104.62CR 048655 2,104.62 21790 GALE GROUP 1-17376896 LARGE PRINT BOOK. R 11/23/2011 197.53CR 048656 197.53 01070 GALLS INC. 1-511747361 BOOTS, KEY HOLDER, GLOVES R 11/23/2011 119.99CR 048657 119.99 01300 JAGOE-PUBLIC CO., INC. I-1184111B 60 TONS HOT MIX R 11/23/2011 1,020.96CR 048658 1,020.96 03530 JAMES WOOD AUTOPARK, INC. I-VCCS87BB55 PD IMPALA REPAIR 802-20 R 11/23/2011 324.40CR 048659 324.40 08210 KWIK CAR 1-00001-01245416 STATE INSPECTION R 11/23/2011 39.75CR 048660 1-00001-01340322 STATE INSPECTION R 11/23/2011 39.75CR 048660 79.50 01570 LOSE'S COMPANIES, INC. I-56671 30 PE, SOFT WHITE, W/WHIP R 11/23/2011 96.96CR 048661 I-56873 HEATER SPORTS PARK R 11/23/2011 260.23CR 048661 I-67239 HEATER SPORTS PARK R-11/23/2011 138.43CR 048661 495.62 08690 O'REILLY AUTO PARTS I-1959-336994 FILTER 6 FUEL CAP R 11/23/2011 15.000R 048662 - I-1959-337033 FILTER 6 FUEL CAP R 11/23/2011 97.29CR 048662 112.29 02970 OFFICE DEPOT 1-585169461001 CARTRIDGES FOR FLEETS R 11/23/2011 62.41CR 048663 I-585169698001 CARTRIDGES FOR FLEETS R 11/23/2011 186.92CR 048663 I-586176099001 CARTRIDGES FOR FLEETS R 11/23/2011 11.36CR 048663 260.69 P5 11/23/2011 8:55 AM A / P CHECK REGISTER PAGE: 3 PACKET: 04688 Regular Payuents 11/22/11 CF VENDOR SET: 99 BANK P00L POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT NO{ AMOUNT 05050 THE PENNORTHY COMPANY I-251999 30 CHILDREN'S BOOKS R 11/23/2011 344.32CR 048664 344.32 - 22210 PUBLIC AGENCY TRAINING COUNCIL 1-146372 INN. C011PLIAIITS R 11/23/2011 295.000R 048665 295.00 22940 PUMPKIN BOOKS I-PBIO-8170 DONE DIARIES 6 39 CLUES R 11/23/2011 126.39CR 046666 126.39 11170 RICOH ANERICAS CORP:QDS I-20388149 2011-12 COPIER LUSE R 11/23/2011 205.33CR 048667 205.33 16240 SCHAD 6 PULTE I-184027 02 BOTTLES FILL FOR TOTH R 11/23/2011 16.000R 048668 1-284064 02 BOTTLES FILL FOR TOTR R 11/23/2011 11.000R 048668 27.00 18620 STERICYCLE I-4002970610 810-PICK UP R 11/23/2011 28.27CR 048669 28.27 11030 TCEQ I-PH-0130690 WATER SYSTEH/ANNUAL FEE R 11/23/2011 4,448.35CR 048670 4,448.35 02600 TEEX I-JB7180969 TRAIHING REGISTRATIONS R 11/23/2011 590.000R 048671 590.00 20480 TMHRA I-43847 2011-12 FREDA MEMBERSHIP R 11/23/2011 75.000R 048672 75.00 19260 TYLER TECHNOLOGIES I-32982 ONLINE 10/1/11-30/31/2012 R 11/23/2011 110.000R 048673 110.00 23940 WORK PLACE PRO 1-133711 RESTOCKING FEE R 11/23/2011 25.000R 048674 25.00 T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NOH CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS: 0 Not DISCOUNTS CHECK AFT TOTAL APPLIED 35 0.00 14,944.53 14,944.53 0 0.00 0.00 0.00 0 O.OD 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 35 0.00 14,944.53 14,944.53 6 11/23/2011 8:44 AM DIRECT PAYABLES CHECK REGISTER PACKET: 04685 QUALITY EXCAVATION VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK CHECK VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO{ PAGE: 1 CHECK AMOUNT 23910 OUALITY EXCAVATION, LTD I-APP t4 KEATON RD APP 04 KEATON RD R 11/23/2011 135,902.25 048639 135,902.25 B A it Y, T O T A L S ' GO# DISCOUNTS CHECK ART TOTAL APPLIED REGULAR CHECKS: 1 0.00 135,902.25 135,902.25 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 PON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BANK TOTALS: 1 0.00 135,902.25 135,902.25 P7 Q' L �T2 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: December 5, 2011 Submitted By: Mike Brice City Manager Reviewed/Approval Initials , , Date j '•- ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS . AGENDA CAPTION Discussion and Action of bids received for Bolivar Street, 1" Street & P Street covering the construction of Paving and Utility Improvements. FINANCIAL SUMMARY ❑NIA ❑GRANTFUNDS ❑OPERATING EXPENSE ®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 M $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM A Request for Bidders was advertised, staff received two responses. Upon review from staff no contractor was selected. Staff believes that it would be in the city's best interest to reject all bids and rebid the project. STAFF OPTIONS & RECOMMENDATION Staff recommends rejecting all received bids and rebidding the project. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: W BID SUMMARY Owner. City of Sanger Saber Development Corporation Jagoe Public co. Job: Bolivar Street, 1st Street and 3rd Street Paving P.O. Box 540186 PO Box 250 and Utility Improvements Dallas Texas 76354 Denton Texas 76202 Engineer. City of Sanger Phone 214-366-1300 BASE BID Phone 940-391-1578 BASE BID Bid Date: November IS,2011 Fax214.366-1303 $219,175.00 Fax 940-382-9732 $226,997.50 P1 - 6-mch HMAC Pavement P2 - 64nch Concrete Pavement P3 - Slotted Storm Drain System P4- 12" ADS Pipe (Smooth Lined) Alternate 1: 3rd Street Utility Improvements 2: 1st & Plum Street P1 Plus P3 and P4 Plus Base Bid . $240,355.00 $245,466.50 P2 Plus P3 and P4 Plus Base Bid $239,690.00 $248,392.50 Bid for Alternate 1 $67,775.00 $86,315.00 Bid for Alternate 2 $69,360.00 $91,940.00 N 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: December 5, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ®ORDINANCE 12-39-11 ❑ RESOLUTION 9 ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly act on a Request to Rezone From A Agricultural District to I-1 Industrial District Approximately 37.27 acres within Tract 123 of the Ruction Beebee Survey, Located on the East Side of Interstate 35 and Ranger Branch, Between Belz Road and Utility Road. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATINGEXPENSE [—]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUNDISUMMARY OF ITEM The subject area is approximately 40 acres of property located on the east side of Interstate 35, north of the Belz Road interchange. More specifically, the property is bounded by the BNSF railroad tracts on the east, Ranger Branch on the west, and properties along Union Hill Road on the north. The property is zoned A Agricultural District on the Official Zoning Map. The applicant is requesting to rezone the property into the I-1 Industrial District. The adjacent property to the north is within an I-1 Industrial District, as are other properties to the south. The Future Land Use Map designates the area for industrial land uses. STAFF OPTIONS & RECOMMENDATION Staff finds that the proposed rezoning satisfies the criteria listed in the Zoning Ordinance for being rezoned from the A Agricultural District to the I-1 Industrial District. Staff recommends approval of the proposed rezoning. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Ordinance 12-39-11 Agencies: The Planning & Zoning Commission is scheduled to • Application conduct a public hearing and make a recommendation to Aerial Photo of Subject Area • J the City Council at their December 5's meeting (6:00 PM). • Applicant's Letter of Intent The P&Z's recommendation will be shared with the • Returned Comment Response Forms Council at the Council meeting. P10 ORDINANCE 12-39-11 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM A AGRICULTRUAL DISTRICT TO I-1 INDUSTRIAL DISTRICT ON PROPERTY LEGALLY DESCRIBED AS 37.27 ACRES WITHIN TRACT 123 OF THE RUEBEN BEEBEE SURVEY, LOCATED ON THE EAST SIDE OF INTERSTATE 35 AND RANGER BRANCH, BETWEEN BELZ ROAD AND UTILITY ROAD; 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, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearings for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at open meetings, with proper notice posted; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 That the legal description of the property zoned herein is generally described as follows: 37.27 acres within Tract 123 of the Rueben Beebee Survey, Located on the East Side of Interstate 35 and Ranger Branch, Between Belz Road and Utility Road, more specifically described in the attached Exhibit A Section 2 The zoning classification on the herein above described property is hereby changed from A Agricultural District to I-t Industrial District. Section 3 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4 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 have been enacted by the City Council without the P11 incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 5 Any person, firm, 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 6 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. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 5th day of December, 2011. APPROVED: Mayor Thomas Muir ATTEST: City Secretary Tami Taber P12 , ,} / ORv NANCE12-S4,Lxm51I mpme w Agricultural to 1-1Indust PTI L VU\ 1RA ,\ CITY OF SANGER ZONING CHANGE/SUP APPLICATION \ Zoning Change E::] Specific Use Permit 11 n\E7NrnTPR (if different from applicant) NAME I I VJda�c� t lI�u51` NAME !1 J �� "ltCt��l(� eprC c COMPANY COIvIPANi ADBRESS ADDRESS / ') j C/ ( �VG'� iibl lZt S 'fi CITY STATE ZIP CITY STf P z, / TX - Gt tci3 PHONE PHONE FAX FAX E-MAIL E-MAIL G W, /t 0,I r '14 c G (,„ Describe the subject property (address, location, size, etc.): j G8Flivfig� ��`7 7%) &C12C�S Describe the proposed zoning change or Specific Use Permit Sub rttal Checklist etter of Intent Site Plan (for Specific Use Permits only) Application Fee (check payable to City of Sanger) I certify that I am the legal owner of the above referenced property and that to the best of my knowledge this is a true description of the property upon which I have requested the above checked action. I designate the applicant listed as my representative. OWNER'S SIGNATURE & DATE 4-2 7/ 4 'S APPLICANT'S SIGNATURE & DATE. ✓ i c % �a�b l2wai Zv 5 %�4 64 OFFICE USE Fee: T/Dat City of Sanger Department of Development Services (940) 458-2059 (phone) P.O. Box 1729 201 Bolivar St Sanger, TX 76266 (940) 458-4072 (fax) www.sangertexas.org P14 �f �3110 ? r� Proposed AAgricultural to I 1 Industrial rezonm 11 �' A c t 1�� - r3-d-1�� "t a t� .1� riur �f� } 'f rr pt 1� c(, n ♦ , �� ! i : i t �R,ts q. a of l`l'�,l � 64ggqqqqE�� 7 t + 2 Ffi c r 11^�r r .':y ..:m� it > t F ♦ =s♦x ij{aal r i td { L 1 1 L PILIT RU a a ♦ i r ' .1i.�_ t1l> lII, }, , alt h Urii!F r� flD \+j'k�S�r-T'�..z—'x. � i i � %a II { � ��a�r�r t s �`+a° � i � - • o C. y tfr ':tt !%1 }} 1` t a Y y fly - ♦S qi, yt _ . 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Box 1729 Sanger, Texas 76266 Re: Letter of Intent to re -zone Property ID 73160 Legal Description: A0029a R. Behee, Tr 123, 69.5893 Acres, Old Dead Sht 3, Tr 33 Mr. Iliff, I am requesting that the City of Sanger re -zone 40 acres of our property as per the submitted drawings, from agricultural to Industrial. If you have any questions, please contact me at 214-668-7802. Sincerely, 7 Ton�Mc ng 2U To: From: Date: Re: COMMENT RE, SPONST FORM Citv of Sanger Planning & Zoning Commission Proposed 1-1 Industrial Zoning I2esponscs ❑ I/we support the proposed rezoning. ❑ I/sve oppose the proposed rezoning. ❑ I/we have another opinion about the proposed rezoning. Comments: This form can be dropped off at 201 Bolivar Street, mailed to PO Box 1729, or faxed to 940-458-4072. Copies will he provided to the Commissioners. Department of Development Services P.O. Box 1729 - 201 Bolivar St - Sanger, TX 76266 - 940-458-2059 www.sangertexas.org — jiliff@sangertexas,org P 17 ITEMS 1.1 S: QRge- TEXAS 2012 PROPOSED Tuesday, January 3rd Tuesday, January 17th Monday, February 6tn Tuesday, February 21st Monday, March 5th Monday, March 19th Monday, April 2nd Monday, April 16th Monday, May 7th Monday, May 21 st Monday, June 4th Monday, June 18th Monday, July 2nd Monday, July 16th Monday, August 6th Monday, August 20th Tuesday, September 4th Monday, September 17th Monday, October 1st Monday, October 15th Monday, November 5th Monday, November 19th Monday, December 3rd Monday, December 17th P19 (aRgQ vi3TEXA5 HOLIDAYS CITY OBSERVED DATES New Years Day Monday January 2, 2012 Martin Luther King, Jr. Day Monday, January 16, 2012 President's Day Monday, February 20, 2012 Good Friday Friday, April 6, 2012 Memorial Day Monday, May 28, 2012 Independence Day Wednesday, July 4, 2012 Labor Day Monday, September 3, 2012 Thanksgiving Day Thursday, November 22, 2012 Friday after Thanksgiving Friday, November 23, 2012 Christmas Eve Monday, December 24, 2012 Christmas Day Tuesday, December 25, 2012 P20 David J. Park Vice President Rates & Reoulatory Affairs November 21, 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 December 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, r Attachment Atmos Energy Corporation 6420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 214-206-2568 F 214-206-2126 David.Park@atmosenergy.com P21 ATMOS ENERGY CORPORATION MID-TEX DIVISION STATEMENT OF RIDER GCR December. 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 $3.3418 2 Estimated City Gate Deliveries: 23,407,923 3 Estimated Gas Cost: 78,224,597 4 Lost and Unaccounted For Gas % 2.5932% 5 Estimated Lost and Unaccounted for Gas $2,028,520 6 Total Estimated City Gate Gas Cost $80,253,117 7 Estimated Sales Volume: 18,663,455 8 Estimated Gas Cost Factor- (EGCF) $4.3000 9 Reconciliation Factor -(RF): $0.0447 10 Taxes (fXS): $0.0000 11 Adjustment -(ADJ): $0.0000 Btu Factor Per MMBtu 12 Gas Cost Recovery Factor- (GCRF) $4.3447 per Mcf 1.024 $4.2429 Part (b) - Pipeline Services Costs Line (a) (b) (c) (d) (a) Rate I - Industrial Service Rate R - Residential Rate C - Commercial Rate T - Transportation' Fixed Costs 13 Fixed Costs Allocation Factors [Set by GUD 9762 & Cities] 100.0000% 63.4698% 30.2824% 6.2478% 14 a_ Current Month Fixed Costs of Pipeline Services $11,659,235 $7,400,094 $3,530,696 $728,445 15 b. Plus: Second Prior Month Recovery Adjustment $0 $0 $0 $0 16 Net Fixed Costs $11,659,235 $7,400,094 $3,530,696 $728,445 Commodity Costs 17 a. Estimated Commodity Cost of Pipeline Services $1,659,376 $1,189,735 $405,056 $64,586 18 b. Plus: Second Prior Month Recovery Adjustment $0 $0 $0 $0 19 Net Commodity Cost of Pipeline Services $1,659,376 $1,189,735 $405,056 $64,586 20 Total Estimated Pipeline Costs (Line 16+Line 19) $13,318,611 $8,589,828 $3,935,752 $793,031 21 Estimated Billed Volumes 7,938,083 Mcf 4,723,557 Mcf 4,390,162 MMBtu 22 Pipeline Cost Factor (PCF) [Line 201 Line 211 $1.0821 Mcf $0.8332 Mcf $0.1806 MMBtu 23 Gas Cost Recovery Factor- (GCRF) [Line 12] $4.3447 Mcf $4.3447 Mcf $4.2429 24 Rider GCR $5.4268 Mcf $6.1779 Mcf Rate I - $4.4235 MMBtu 25 Rate T- $0.1806 MMBtu N ' Industrial Service and Transportation are reported in MMBtu. An MMBtu conversion factor of 1.024 is used. N