08/20/2018-CC-Agenda Packet-Regular*TEXAS
City Hall, 502 Elm Street,
Sanger, Texas 76266
CITY COUNCIL AGENDA
AUGUST 20, 2018
NO WORK SESSION
REGULAR MEETING
7:00 PM
BANGER
*TEXAS
AGENDA
CITY COUNCIL REGULAR MEETING
MONDAY, AUGUST 20, 2018
7:00 PM
502 ELM STREET
SANGER, TEXAS
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
2. CITIZEN 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).
3. CONSENT AGENDA:
a) Approval of Minutes:
1. City Council Work Session, August 6, 2018
2. City Council Regular Meeting, August 6, 2018
4. Consider Any Items Removed from Consent Agenda.
REGULAR AGENDA
5. Proclamation for United Way of Denton County Declaring September 2018 Live United
Month.
6. Public Hearing to Consider Continuing, Abolishing, or Modifying the City's Juvenile Curfew
Ordinance.
7. Consider, Discuss and Act on Ordinance #08-23-18 to Continue in Effect Chapter 8, "Offenses
and Nuisances" Article 8.600 Sections 8.601 Through 8.605, The Juvenile Curfew Ordinance
of the City of Sanger; Providing for a Repeal of All Ordinances, A Penalty Clause, A
Severability Clause; and, Providing for an Effective Date.
8. Conduct a Public Hearing for the Proposed Budget for the City of Sanger for Fiscal Year
2018-19.
9. Conduct the First Public Hearing on a Proposal to Increase Total Tax Revenues From
Properties on the Tax Roll in the Preceding Year by 12.70% with the Proposed Tax Rate
$0.6791 per $100 of Assessed Valuation (Tax Rate is Proposed to Remain the Same as the
Preceding Year's Tax Rate of $0.6791 per $100 of Assessed Valuation).
10. INFORMATION ITEMS:
a. All American Dogs Report.
11. FUTURE AGENDA ITEMS: (The purpose of this item is to allow the Mayor and members of
Council to bring forward items they wish to discuss at a future meeting, A Council Member may
inquire about a subject for which notice has not been given. A statement of specific factual
information or the recitation of existing policy may be given. Any deliberation shall be limited to
a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a
future meeting agenda with a consensus of the Council or at the call of the Mayor).
12. ADJOURN.
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the City
Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient
and readily accessible to the general public at all times. Said notice was posted on the following date
and time: �,2D/mat: Q 7. M., and remained posted continuously
for at least 72 hour rior to the scheduU;d1"r,,Vf said meeting and shall remain posted until meeting
is adjourned. OF
Che ri e City Secretary
City of anger, Texas '
r
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c
This facility is wheelchair accessible ,tn-d„gicooVsible 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.
3
CITY OF SANGER, TEXAS
MINUTES: CITY COUNCIL WORK SESSION
August 6, 2018 — 6.00 PM
502 Elm Street, Sanger, Texas
COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell, Councilman Lee
Allison, Councilman Allen Chick Councilman David Clark; Councilman Gary Bilyeu
COUNCIL MEMBERS ABSENT: None.
The Mayor and all Council Members were present constituting a quorum.
STAFF MEMBERS PRESENT: Alina Ciocan, City Manager; Clayton Gray, Finance Director, Cheryl
Price, City Secretary.
1. Call Meeting to Order
Mayor Muir called the Work Session to order at 6:02 PM on July 16, 2018,
2. Presentation of the Denton County Greenbelt Plan,
Blake Alldredge, Upper Trinity River Water District was recognized. He noted he works on the
Water Shed Protection Plan and Outreach Program and one of the items they have been working on
the last few years is the Denton County Greenbelt Plan. They have been working with Denton
County to develop this and hoped the City of Sanger is as enthusiastic about it. He presented a map
of all of the flood plains and proposed future greenbelt trails and areas in Denton County and noted
there are quite a bit of streams and creeks scattered throughout the County which flow into the lakes.
He noted the potential of hundreds of miles of trails along the greenbelt areas. The current trails
along the greenbelt form Lake Ray Roberts to Lake Lewisville. He noted how rapidly the County is
growing and that we need to protect our natural areas, assets and make sure that our water sources
don't get polluted. Pollution could drive up treatment costs, etc., which could also drive up their
water costs. He noted the quality of live with the addition of the greenbelt areas and trails which
would add quality of life allowing for people to get out and enjoy nature. This would be a voluntary
plan and needs to be unique to the community, Education and outreach is fundamental to the plan and
the biggest part of the plan. Citizens need to be educated to realize the value and benefits of the
greenbelts and what they do for the water quality protection and quality of life. It is critical they do
a good job of educating the public and he summarized the various forms they would use. As far as
preservation tools, they are looking at different ways the land can be protected. They are looking at
development standards, and ordinances of various cities and are in the process of creating a model
ordinance combining some of the aspects of those cities and are here to work with the city and get
input. They are looking at items such as green infrastructure, raingardens, rainwater harvesting,
permeable pavement - things that help capture excess stormwater, mowing regimes (not mowing all
the way to the banks of creeks), particularly from urban areas. Development ideas will include cluster
developments, conservation developments, where in a certain area half of the area is left as open
space so the homes are left on smaller lots. He noted that the Conservation Trust is a non-profit land
trust that the water district established back in 2010. What they do is hold conservation easements in
perpetuity, which allows the landowner to continue owning the land, use the land and sell it, but their
rights are restricted so they can't subdivide and build houses, etc. on the land. There are potential tax
benefits which attach to this for the land. He noted the next step they would recommend is for the
City to adopt the plan and they are in the process of setting up a coordinating committee 1h the
County and if the City adopts the Plan the City will have a member on the committee, The
Committee will identify different strategies to implement and work through the model ordinance and
get it adopted They have a lot of educational resources available that the City can put up on the
website. He noted their dedicated website is www.DentonCountyGreenbeItPlan.com and noted the
type of information you would find on the website. Mayor Muir asked if the staff could get the GIS
Map for the plan and Mr. Alldredge stated they could get the data to the City and if any of the City
Limits or ETJ looks off at all they can update the maps. Mayor Muir also noted a subdivision in
Flower Mound called Chimney Rock. It reduces the amount of yard but allows the same number of
homes and leaves the open space for people to enjoy activities. Councilman Allison asked who
maintains the open space. It was noted that there is a Iand trust that has control of the area. It will
remain in a more natural state. Councilman Allision noted that the creek areas need to be kept clear
of trees for drainage purposes, etc. He noted concern regarding who would maintain the open space
areas. There was lengthy discussion between the Councilmembers and Mr. Alldredge regarding the
plan. It was noted that at this point it would be more of an endorsement of the plan, That a
resolution would be proposed that the City would support the plan and strategies would be identified
which would align with the City's specific circumstances. Mr. Alldredge thanked the City for
letting him make the presentation. Mayor Muir thanked him for coming.
3. Budget Workshop.
City Manager Alina Ciocan noted that since the last budget presentation, we have received the
certified totals from Denton County Appraisal District on July 23rd. Our certified totals this year are
approximately 643 million; last year they were 578 million. They went up because the total taxable
value increased, and we have added new properties. Staff is recommending that we keep the same
rate this year as we had last year. She noted that extra funds in the amount of $25,000 have been
allocated for system maintenance for streets. We are also increasing the our transfer from General
Fund to Capital Improvement Projects $600,000 to 675,000. If we keep the same tax rate we will
generate approximately $493,000 more in tax revenue which is 12.7 percent increase from last year.
We have made some minor tweaks in the budget — in Development Services we have increased the
Development Services budget by about $2,000 which will provide for overtime (if needed) for the
Building Inspector this year. As previously mentioned, Streets went up by $25,000 and increased the
transfer to CIP by $75,000. For Public Works we have increased by $1000 to account for credit card
fees now that they are able to take credit card payments. Facilities Maintenance budget was
increased by $2000. Councilman Bilyeu had some catch up questions for staff since he was out of
town and could not attend the last budget meetings. There were questions about the 2017-18 budget
amendments and staff noted that there would probably be another budget amendment for 2017-18
coming on the wastewater because they have exceeded what was budgeted for. City Manager Alina
Ciocan summarized noting that there would not be another workshop before adoption of the budget,
and if there were any additional questions to contact her.
4. Overview of Regular Items on the Agenda.
No items.
5. Adjourn.
There being no further business, Mayor Muir adjourned the Work Session at 6:53 PM.
E
CITY OF SANGER, TEXAS
MINUTES: REGULAR CITY COUNCIL MEETING
August 6, 2018 — 7:00 PM.
502 Elm Street, Sanger, Texas
COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Mayor Pro Tem Gary Bilyeu Councilman
Lee Allison, Councilman David Clark, Councilman Bill Boutwell, Councilman Allen Chick
COUNCIL MEMBERS ABSENT: The Mayor and all Council Members were present constituting
a quorum.
STAFF MEMBERS PRESENT: City Manager, A1ina Ciocan; Ramie Hammonds, Building Official;
Muzaib Riaz, Planner; Clayton Gray, finance Director; Cheryl Price, City Secretary.
LCall Meeting to Order, Invocation, Pledge of Allegiance.
The Regular City Council Meeting was called to order by Mayor Muir on Monday, August 6,
2018 at 7:06 PM. The Invocation was given by Councilman Chick. The Pledge of Allegiance
was led by Councilman Boutwell.
2. CITIZEN INPUT: (Citizens are allowed 3 minutes to speak. The City Council is unable to
respond or to discuss any issues hrought up during this section).
3. CONSENT AGENDA:
Mayor Muir noted that there were some Councilmembers that were not present at some of the
meetings so the minutes were voted on separately.
a) Approval of Minutes:
1. City Council Special Work Session Meeting, July 9, 2018
A motion was made by Councilman Boutwell to approve the minutes of the Special
Work Session Meeting, July 9, 2018. The motion was seconded by Councilman
Chick. The Motion carried with three (3) in favor, none (0) against and two (2)
abstentions; Councilman Bilycu and Councilman Clark were not at the meeting.
2. City Council Work Session Regular Meeting, July 16, 2018
3. City Council Regular Meeting, July 16, 2018
A motion was made by Councilman Chicle to approve the minutes of the of the
Worksession and Regular Meeting of July 16, 2018. The motion was seconded by
Councilman Boutwell. The Motion carried with Four (4) in favor none (0) against
and one (1) abstention; Councilman Bilyeu was not at the meeting.
b) Disbursements.
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c) Approve Re -appointing The Following Existing Board Member For A Two -Year
Term:
Library Board —
Beth Avery
d) Approve Interlocal Cooperation Agreement for Tax Collection Between Denton
County and The City of Sanger, Texas.
A motion was made by Councilman Boutwell, to approve Items 3b, 3c and 3d of the Consent Agenda
as presented. The motion was seconded by Councilman Clark. The motion carried unanimously (5-
0).
4.Consider Any Items Removed from Consent Agenda.
None.
REGULAR AGENDA
Mayor Muir recused himself from the meeting for items 5 through 8 because he is
associated with items 5 and 6; and, is one of the applicants on Items 7 and 8. He turned the
meeting over to Mayor Pro Tem Bilyeu. Mayor Muir left the room.
5. Conduct A Public Hearing Regarding the Replat of Part of Lot 1, Block A, of O'Dell
Addition, and Being 9.23 Acres in the C. Manchaea Survey, Abstract No. 790, and Being
in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located South
of the Intersection of FM 455 and McReynolds Road.
Mayor Pro Tem Bilyeu read the Item and opened the Public Hearing at 7:13 PM.
Planner Muzaib Ruiz was recognized to give a summary of the replat. This is a request to divide
the 9.23 acres into two lots. One lot being 6.16 acres and the second lot being 3.07 acres. It is
in the Lake Ray Roberts Zoning District — R-2 Zoning District with two -acre ininimum lot size.
The plat meets the City's subdivision regulations. Nine (9) Public Hearing notices were sent out
to properties within 200 feet of the subject property. There was no response. The Planning and
Zoning Commission recommends approval.
Mayor Pro Tern Bilyeu solicited anyone who wished to come forward to speak in the Public
Hearing regarding the replat. There being no one who wished to speak, the Public Hearing was
closed at 7.15 PM.
6. Consider, Discuss and Act on the Replat of Part of Lot 1, Block A, of O'Dell Addition, and
Being 9.23 Acres in the C. Manchaca Survey, Abstract No. 790, and Being in the
Extraterritorial Jurisdiction (ETJ) of the City of Sanger, Generally Located South of the
Intersection of FM 455 and McReynolds Road.
A motion was made by Councilman Bilyeu to approve the Replat of part of Lot 1, Block A, of
O'Dell Addition, and being 9.23 Acres in the C. Manchaca Survey, Abstract No. 790, and being
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in the extraterritorial jurisdiction (ETJ) of the City of Sanger, generally located south of the
intersection of PM 455 and McReynolds Road. The motion was seconded by Councilman
Allison. The motion carried unanimously with a 5-0 vote.
7. Conduct A Public Hearing Regarding the Replat of Lot 1, Block A of SBRC Addition,
Being A Replat of Part of Lot 1, Block A, of O'Dell Addition, and Adding Part of 22.35
Acres of Tract, Being 2.00 Acres of Tract, Being 2.00 Acres in the C. Manchaca Survey,
Abstract No. 790, and Being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger,
Generally Located North of FM 455 and Approximately 1190 Feet East of the Intersection
of FM 455 and McReynolds Road.
Mayor Pro Tern Bilyeu read the Item and opened the Public Hearing at 7.18 PM.
Planner Muzaib Ruiz was recognized to give a summary of the replat. This is a request to add
one (1) acre from a 22.35 acre tract of land located on the east of the O'Dell Addition to make a
two (2) acre lot of Lot one, Block A of SBRC Addition. It is in the Lake Ray Roberts Zoning
District R-2 Zoning District with two -acre minimum lot size. The plat meets the City's
subdivision regulations. Seventeen (17) Public Hearing notices were sent out to properties
within 200 feet of the subject property. There was no response. The Planning and Zoning
Commission recommends approval.
Councilman Allison asked about clarification on the lines on the map presentation. Planner
Muzaib Ruiz noted that if the tract of land is more than five acres that all of the land does not
need to be included on the replat. There was brief discussion and it was noted that staff would
look into this to make sure it is all in conformance.
Mayor Pro Tern Bilyeu solicited anyone who wished to come forward to speak in the Public
Hearing regarding the replat. There being no one who wished to speak, the Public Hearing was
closed at 7:25 PM,
8. Consider, Discuss and Act on the Replat of Lot 1, Block A of SBRC Addition, Being A
Replat of Part of Lot 1, Block A, of O'Dell Addition, and Adding Part of 22.35 Acres of
Tract, Being 2.00 Acres of Tract, Being 2.00 Acres in the C. Manchaca Survey, Abstract
No. 790, and Being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger,
Generally Located North of FM 455 and Approximately 1190 Feet East of the Intersection
of FM 455 and McReynolds Road.
There was more discussion regarding the replat area and the lines on the map. Muzaib Ruiz
noted that they just added the amount of land to make the required two acres of land. Councilman
Bilyeu noted that how it is drawn up is between the two landowners and they have agreed to the
transaction and staff could make sure it meets the law. Planner Muzaib Ruiz noted that if the
tract of land is more than five acres that all of the land does not need to be included on the replat.
A motion was made by Councilman Allison to approve the Replat of Lot 1, Block A of SBRC
Addition, Being A Replat of Part of Lot 1, Block A, of O'Dell Addition, and Adding Part of
22.35 Acres of Tract, Being 2.00 Acres of Tract, Being 2.00 Acres in the C. Manchaca Survey,
Abstract No. 790, and Being in the Extraterritorial Jurisdiction (ETJ) of the City of Sanger,
Generally Located North of FM 455 and Approximately 1190 beet East of the Intersection of
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FM 455 and McReynolds Road with a suggestion to work with the landowners to make sure the
replat is within regulation. The motion was seconded by Councilman Boutwell. The motion
carried unanimously with a 5-0 vote.
At this point in the meeting Mayor Muir returned to the meeting and Mayor Pro Tem passed
the gavel for continuation of the meeting.
9. Consider, Discuss and Act on the Final Plat of Lots 1-16, Block A of Arrowhead Estates
Addition, Being 3.504 Acres Situated in the H. Tierwester Survey, Abstract No. 1241, and
Generally Located East of Railroad Avenue and Approximately 215 Feet South of the
Intersection of Railroad Avenue and Willow Street.
Muzaib Ruiz was recognized to present the final plat and noted they are subdividing 7 tracts of
land into 16 residential lots. The property is in Single Family-10 (SF-10) Zoning District and
meets the minimum setback and lot size requirements. The subject properties will be served by
all City of Sanger Utilities. The applicant has submitted Civil Engineering Plans which are under
review at the time of the report. Staff has found the plat to be in compliance with the Subdivision
Ordinance. The Planning and Zoning Commission unanimously recommended approval. He
noted there were comments from the engineer that needed to be addressed to provide an easement
from the adjacent property owner for them drainage easement. There was discussion regarding
the right of way for the drainage easement for the storm sewer and it would be required to have
an easement from the adjacent property owner. Chris Ferick, Civil Engineer for the owner was
recognized and noted that the piece of property that is adjacent to willow street is 5 feet off of
the edge of the pavement and that piece of land has been used for 75 years as prescriptive right-
of-way. They are not proposing any changes to that and will continue to use it for roadway
drainage and utilities. He noted that staff (the engineer) has asked for dedicated right-of-way
and the property that is being asked for is not theirs's to plat. He noted that they have to put one
piece of pipe in the prescriptive right-of-way. There was discussion regarding prescriptive right-
of-way. The applicant noted he just found out about this about 3:00 pm today and has not
received a response from the owner of the property. Councilman Allison suggested a letter of
commission and recognition from the property owner for the right-of-way. Councilman Bilyeu
noted that the adjacent property owner should be notified and before the driveway is cut there
needs to be an understanding. Mr. Ferick noted he did not have a problem with that but was
concerned with what the property owner would say and if they would not give them the right-
of-way. Councilman Allison noted that Council is not the authority on the prescriptive right-of-
way and can not give the ok that they can go on someone's property or provide legal information
regarding the specifies. There was discussion regarding the stormwater drainage and how it is
currently running now and how it would be improved and it would be an improvement to what
they have now instead of a high-water crossing.
A motion was made by Mayor Pro Tem Bilyeu to approve the Final Plat of Lots 1-1 b, Block A
of Arrowhead Estates Addition, being 3.504 Acres situated in the H. Tierwester Survey, Abstract
No. 1241, and generally located cast of Railroad Avenue and approximately 215 feet south of
the intersection of Railroad Avenue and Willow Street. With the caveat that the applicant will
coordinate with the adjacent landowner on the right-of-way to make the drainage utility
connection in an agreeable manner. The motion was seconded by Councilman Boutwell. The
motion carried unanimously with a 5-0 vote.
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10. Discuss Tax Rate, Take Record Vote on Tax Rate and Schedule Two Public Hearings on
Tax Rate and Approve Resolution R #08-11-18 — Establishing Date, Time and Place for
Public Hearings on Budget and Tax Rate.
Mayor Muir noted the proposal is to keep the rate the same as our current rate.
Councilman Allison noted that with all of the concerns fiom the citizens to fix the streets that he
did not see a reason to reduce the tax rate, but would like to keep it the sane so we could meet
some of the needs of the city and bring up the standards so we can bring in quality development.
Councilman Boutwell noted that he hoped that our citizens realize is that their property values
have been elevating over the past three years and what they see on their tax statement is not due
to the City Council raising the property tax rate. It is due to their investment escalating which is
a good thing, but unfortunately it increases their taxes.
Mayor Muir noted that to keep the infrastructure in place and in a growing community this is
what it takes to do it. When we get to the time when there are no potholes in the city, then we
may be able to reduce the tax rate sometime in the future.
Mayor Muir noted for the record that the proposed tax rate will be $0,679100,
A motion was made by Mayor Pro Tern Bilycu to approve the proposed tax Rate of $0.679100
which is the same as was the 2017 tax rate; and, Schedule Two Public Hearings on Tax Rate and
Approve Resolution R #08-11-18 --- Establishing Date, Time and Place for Public Hearings on
Budget and Tax Rate. The first Public Hearing on the proposed tax rate is on Monday August
20th and the second Public Hearing will be on Tuesday, September 41h; On Monday September
17th 2018 the City Council will vote to adopt the Budget and Levy the Tax Rate. The motion
was seconded by Councilman Boutwell and a record vote was called by the City Secretary as
follows:
VOTED IN FAVOR
VOTED AGAINST
Mayor Pro Tem Bilyeu
None
Councilman Chick
Councilman Clark
Councilman Allison
Councilman Boutwell
The motion carried unanimously.
11. INFORMATION ITEMS:
a. Monthly Financial Report — June 2018
b. Capital Projects Recap — July 30, 2018
c. Update to Atmos Energy Corporation's Conservation and Energy Efficiency Tarif.
d. Rider GCR — Rate Filing Under Docket No. 10170 Dated July 26, 2018
No discussion.
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12. FUTURE AGENDA ITEMS: (The purpose of this item is to allow the Mayor and members
of Council to bring forward items they wish to discuss at a future meeting, A Council Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting. .Items
may be placed on a fixture meeting agenda with a consensus of the Council or at the call of
the Mayor).
Councilman Boutwell stated he would like to see something on parking along the road on access
road adjacent to 1-35, specifically near Dairy Queen. Eighteen wheelers park along the road to
go get food and he has seen several accidents almost occur because they block the view of exiting
traffic and you can not see around them.
Councilman Chick noted he would like to see a Work Session on the Wastewater Treatment
Plant.
Councilman Clark noted he would like to see the McReynolds Road Project update.
13. ADJOURN.
There being no further business Mayor Muir adjourned the meeting at 8:06 PM.
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BANGER
*TEXAS
PROCLAMATION #08-18-14
Proclamation for United Way of Denton County
Declaring September 2018 Live United Month
WHEREAS, United Way of Denton County empowers donors, volunteers, businesses,
governments, nonprofits, and community groups to invest in neighbors for a better Denton County
community; and
WHEREAS, United Way of Denton County lives "UNITED 4 Denton County" to help
children and families succeed, to guide and serve Veterans and their families, to advocate for
overall mental health, and to make homelessness rare, brief and nonrecurring; and
WHEREAS, United Way of Denton County helps 80,000 people each year across Denton
County; and
WHEREAS, United Way of Denton County seeks to increase efficiencies and eliminate
redundancies to better meet people's needs through collaborative programs to solve complex
socioeconomic problems; and
WHEREAS, United Way of Denton County celebrates 65 years of improving lives across
Denton County.
NOW, THEREFORE, we declare September 2018 LIVE UNITED Month and ask you
to join United Way of Denton County board, donors, volunteers and partners in calling on all
residents to LIVE UNITED.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Sanger
Texas on this the 20 Day of August 2018. _ , A,A _
ATTEST:
Cheryl Price, City Secretary
APPROVED:
Thomas E. Muir, Mayor
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BANGER
* T E X AS COUNCIL AGENDA ITEM
AGENDA TYPE: ® Regular ❑ Special Reviewed by Finance
❑ Yes
® Not Applicable
❑ Consent ❑ Workshop ❑ Executive Reviewed by Legal
❑ Yes
Applicable
El Public Hearing®Not
Council Meeting Date: 8-20-2018 Submitted By: Curtis Amyx
City Manager Reviewed/Approval Initials Date RkII-9
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF
CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS ® OTHER: PUBLIC HEARING
AGENDA CAPTION
Public Hearing to Consider Continuing, Abolishing, or Modifying the City's Juvenile Curfew
Ordinance.
FINANCIAL SUMMARY
❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [-]REVENUE❑CIP ❑BUDGETED ❑
NON -BUDGETED
PRIOR
CURRENT
FUTURE
FISCAL YEAR:
YEAR
YEAR
YEARS
TOTALS
Proposed Expenditure Amount
Encumbered Amount
BALANCE
FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $
BACKGROUND/SUMMARY OF ITEM
Texas government code requires home -rule municipalities to review the curfew ordinance every three
years. The purpose of the ordinance is to deter and reduce the opportunity for our youth to engage in
negative behavior or worse to become a victim of crime.
STAFF OPTIONS & RECOMMENDATION
List of Supporting Documents/Exhibits
Prior Action/Review by Council, Boards,
Attached:
Commissions or Other Agencies:
• Public Hearing Notice - Denton Record
Chronicle —Published 8/12/2018
13
&CF0
Denton Publishing Company
Order Confirmation
Customer: SANGER CITY OF Customer Account: 100044889
Ad Order#: 0001696582 PO Number:
Sales Rep: Kaycee Key Order Taker: Kaycee Key
Net Amount: $20.00 Tax Amount: $0.00 Total Amount: $20.60
Payment Method: Check/Money Order PaymentAmount: $0 00 Amount Due: $20.60
Ad Order#: 0001696582
Ad Number: 0001696582-01
Color: Ad Size: I X 28 li
WYSIWYG Content
CITY OF SANGER, TEXAS
NOTICE OF PUBLIC HEARING
Notice Is hereby given that a
public hearing will be held by
the City Council In the Council
Chambers at City Hall, 502 Elm
Street, SangerTexas at 7:00 PM
on Monday August 20, 2018 to
consider continuing, abolish-
ing, or modifying the City's
Juvenile Curfew Ordinance, co-
dified Into the City of Sangers
Code of Ordinances, Article
8,600 JUVENILE CURFEW.
The meeting wilt be held
for the purpose of receiving
community input. All interested
citizens are hereby notified of
their right to appear and he
heard on this matter,
Cheryl Price
City Secretary
dre 811212018
Run Dates Product
Placement/Classification - Position
Sort Text
Publish Dale: 0811212018 DP Denton Record
❑P C-Legals - DP LG Legals
Slop Date: 0811212018
LGL-NPH
Publish Date: 0811212018 DP Denton RC.com
DP C-Legals - DP LG Legals
Slop Date: 0911112018
LGL-NPH
Page 1 of 1
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BANGER
*TEXAS COUNCIL AGENDA ITEM
AGENDA TYPE: ® Regular ❑ Special Reviewed by Finance
❑ Consent ❑ Workshop ❑ Executive Reviewed by Legal
❑ Public Hearin
❑ Yes
® Not Applicable
❑ Yes
® Not Applicable
Council Meeting Date: 8-20-2018 Submitted By: Curtis Amyx
City Manager Reviewed/Approval Initials Date
ACTION REQUESTED: ®ORDINANCE []RESOLUTION [:]APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF
CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS ❑ OTHER: PUBLIC HEARING
AGENDA CAPTION
Consider, Discuss and Act on Ordinance #08-23-18 Regarding The Juvenile Curfew Ordinance;
Continuing in Effect Chapter 8, "Offenses and Nuisances" Article 8.600, Sections 8.601 Through 8.605,
Providing for the Review of the Ordinance Every Three Years; Providing a Repealing Clause; Providing
for A Penalty; Providing A Severabilit Clause; and, Providing For An Effective Date.
FINANCIAL SUMMARY
❑NIA ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑
NON -BUDGETED
PRIOR
CURRENT
FUTURE
FISCAL YEAR:
YEAR
YEAR
YEARS
TOTALS
Proposed Expenditure Amount
Encumbered Amount
BALANCE
FUND(S) TO BE USED: General ❑S Utility ❑ $ Special ❑ $
BACKGROUND/SUMMARY OF ITEM
Texas govenunent code requires home -rule municipalities to review the curfew ordinance every three
years. The purpose of the ordinance is to deter and.reduce the opportunity for our youth to engage in
negative behavior or worse to become a victim of crime.
STAFF OPTIONS & RECOMMENDATION
Staff recommends Approval.
List of Supporting Documents/Exhibits
Prior Action/Review by Council, Boards,
Attached:
Commissions or Other Agencies:
• Ordinance # 08-23-18
• E-mail to City Manager Alina Ciocan
15
ORDINANCE #08-23-18
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CONTINUING IN EFFECT
CHAPTER 8, "OFFENSES AND NUISANCES" ARTICLE 8.600, SECTIONS 8.601
THROUGH 8.605, THE JUVENILE CURFEW ORDINANCE OF THE CITY OF
SANGER; PROVIDING FOR THE REVIEW OF THIS ORDINANCE WITHIN THREE
YEARS AND EVERY THIRD YEAR THEREAFTER; PROVIDING A REPEALING
CLAUSE; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council adopted a Juvenile Curfew ordinance; and
WHEREAS, the City Council has reviewed the ordinance and determined that it is in the
public interest to continue in effect;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
Section 1. That Article 8.600 of the Code of Ordinances shall continue in force and
effect, reading as follows:
8.600 Definitions
a. Curfew Hours
1. 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m.
of the following day; and
2. 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday
b. Emergency
Shall mean: An unforeseen combination of circumstances or the resulting state that calls
for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an
automobile accident, or any situation requiring immediate action to prevent serious
bodily injury or loss of life.
C. Establishment
Shall mean: Any privately -owned place of business operated for a profit to which the
public is invited, including, but not limited to, any place of amusement or entertainment.
d. Guardian shall mean: .
l . A person who, under court order, is the guardian of the person of a minor; or
2. A public or private agency with whom the minor has been placed by a court.
16
e. Minor shall mean:
Any person under 17 years of age.
f Operator shall mean:
Any individual, firm, association, partnership, or corporation operating, managing, or
conducting any establishment. The terns includes members or partners of an association
or partnership and the officers of a corporation.
g. Parent shall mean:
A person who is:
1. A natural parent, adoptive parent, or step-parent of another person; or
2. At least 18 years of age and authorized by a parent or guardian to have the care
and custody of a minor.
h. Public Mace shall mean:
Any place in which the public or substantial group of the public has access and includes,
but is not limited to, streets, highways, and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities and shops.
Remain shall mean:
1. Linger or stay; or
2. Fail to leave premises when requested to do so by a police officer or the owner,
operator, or other person in control of the premises.
j. Serious Bodily Injury shall mean:
Bodily injury that creates a substantial risk of death or that causes death, serious
permanent disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.
8.602 Offenses
a. Any minor commits an offense if he/she remains in any public place or on the premises
of any establishment within the City during curfew hours.
b. A parent or guardian of a minor commits an offense if he knowingly permits, or by
insufficient control allows, the minor to remain in any pubic place or on the premises of
any establishment within the City during curfew hours.
17
C. The owner, operator or any employee of an establishment commits an offense if he
knowingly allows a minor to remain upon the premises of the establishment during
curfew hours.
8.603 Defenses
a. It is a defense to prosecution under Section 8.602 that the minor was:
l . Accompanied by the minor's parent, guardian or adult spouse.
2. On an errand at the direction of the minor's parent or guardian without any detour
or stop.
3. In a motor vehicle involved in interstate travel.
4. Engaged in an employment activity, or going or returning home from an
employment activity without any detour or stop.
5. Involved in an emergency.
6. On the sidewalk abutting the minor's residence or abutting the residence of a next
door neighbor if the neighbor did not complain to the police department about the
minor's presence.
7. Attending an official school, religious or other recreational activity supervised by
adults sponsored by the City of Sanger, a civic organization, or another similar
entity that takes responsibility for the minor, or going to or returning home from,
without any detour or stop, an official school, religious or other recreational
activity supervised by adults and sponsored by the City of Sanger, a civic
organization or another similar entity that takes responsibility for the minor.
8. Exercising First Amendment rights protected by the United States Constitution,
such as the free exercise of religion, freedom of speech and the right of assembly'
9. A minor who has had disabilities of minority removed in accordance with Chapter
31 of the Texas Family Code.
b. It is a defense to prosecution under Section 8.602 ( e ) that the owner, operator or
employee of an establishment promptly notified the police department that a minor was
present on the premises of the establishment during curfew hours and refused to leave.
c. With respect to the hours between 8:00 a.m. and 3:00 p.m. on Monday, Tuesday,
Wednesday, Thursday or Friday only, it is a defense that the school which the minor
attends was not in session, that the minor is a high school graduate or has equivalent
certification, the minor is on an excused absence from his or her place of schooling or
that the minor is participating in a work study program which requires the minor to be off
campus during school hours.
18
8.604 Enforcement
Before taking any enforcernent action under this article, a police officer shall ask the apparent
offender's age and reason for being in the public place. The officer shall not issue a citation or
issue an arrest under this article unless the officer reasonably believes that an offense has
occurred and that, based on any response and other circumstances, no defense in Section 8.603 is
present.
8.605 Penalties
a. A person who violates a provision of this article is guilty of a separate offense for each
day or part of a day during which the violation is committed, continued or permitted.
Each offense upon conviction is punishable by a fine as set forth in the general penalty
provision found in Section 1.109 of this code.
b. When required by Section 51.08 of the Texas Family Code, as amended, the municipal
court shall waive original jurisdiction over a minor who violates Section 8.602(a) of this
article and shall refer the minor to juvenile court.
Section 2. All ordinances or parts of ordinances in conflict herewith or 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, and phrases of this ordinance are severable and, if any phrase,
clause, sentence, paragraph or section of the 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 phrases, clauses, sentences, paragraphs and sections of the
ordinance since the same would have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
Section 4. 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.
PASSED AND APPROVED this 20' day of August, 2018 by the City Council of the City of
Sanger, Texas.
APPROVED:
Thomas E. Muir, Mayor
ATTEST:
Cheryl Price, City Secretary
19
Cher 1 Price
From: Curtis Amyx
Sent: Thursday, August 2, 2018 3:38 PM
To: Cheryl Price
Subject: FW: Juvenile Curfew
Subject: Juvenile Curfew
8-2-2018
Alina Ciocan
The purpose of a juvenile curfew is to reduce incidents of juveniles becoming victims by preventing "gathering" which
also means more calls for police officers. Juvenile curfew compels parents to become more responsible and gives them
a specific reason they cannot be out after a certain time. Curfews are a good prevention tool, keeping good kids good
and keeping at risk kids from becoming victims or victimizers. In most cases parents were not aware their children were
outside the home. When a child is located, parents are contacted often eliminating repeat occurrences. In summary
there is generally no useful purpose for a juvenile to be out late at night. Enforcement of a juvenile curfew serves to
protect the community.
Chief Curtis Amyx
Sanger Police Department
1
20
BANGER
*TEXAS COUNCIL AGENDA ITEM
AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by
❑ Workshop ❑ Executive ❑ Public Hearing Finance
Reviewed by Legal
® Yes
❑ Not Applicable
❑ Yes
® Not Applicable
COUNCIL MEETING DATE: SUBMITTED BY:
August 20, 2018 Clayton Gray, Finance Director
City Manager Reviewed/Approval Initials At- Date WO
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ REAPPOINTMENTS ❑ OTHER EXPLAIN:
AGENDA CAPTION
Conduct a Public Hearing for the Proposed Budget for the City of Sanger for Fiscal Year 2018-19.
FINANCIAL SUMMARY
®NIA ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP []BUDGETED ❑NON -BUDGETED
FISCAL YEAR:
PRIOR
YEAR
CURRENT
YEAR
FUTURE
YEARS
TOTALS
Pro osed Expenditure Amount
Encumbered Amount
BALANCE
FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $
BACKGROUND/SUMMARY OF ITEM
A public hearing on the City's annual budget for the 2018-2019 year is required.
STAFF OPTIONS & RECOMMENDATION
List of Supporting Documents/Exhibits Attached:
Prior Action/Review by Council, Boards,
Commissions or Other Agencies:
21
BANGER
* 'T' E x A S COUNCIL AGENDA ITEM
AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by
❑ Workshop ❑ Executive ❑ Public Hearing Finance
Reviewed by Legal
® Yes
❑ Not Applicable
® Not Applicable
❑ Yes
COUNCIL MEETING DATE: SUBMITTED BY:
August 20, 2018 Clayton Gray, Finance Director
City Manager Reviewed/Approval Initials Date 11101A
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ REAPPOINTMENTS ❑ OTHER EXPLAIN:
AGENDA CAPTION
Conduct the First Public Hearing on a Proposal to Increase Total Tax Revenues from Properties on the Tax
Roll in the Preceding Year by 12.70% with the Proposed Tax Rate $0,6791 per $100 of Assessed Valuation
(Tax Rate is Proposed to Remain the same as the Preceding Year's Tax rate of $0.6791 per $100 of Assessed
Valuation).
FINANCIAL SUMMARY
®NIA ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED
FISCAL YEAR:
PRIOR
YEAR
CURRENT
YEAR
FUTURE
YEARS
TOTALS
Proposed Expenditure Amount
Encumbered Amount
BALANCE
FUND(S) TO BE USED: General ❑$ Utility
❑ $ Special
❑ $
BACKGROUND/SUMMARY OF ITEM
A public hearing on the City`s proposed tax rate for the 2018-2019 year is required.
STAFF OPTIONS & RECOMMENDATION
List of Supporting Documents/Exhibits Attached:
Prior Action/Review by Council, Boards,
Commissions or Other Agencies:
22
BANGER
* TIE XAS
FINANCE
NOTICE OF PUBLIC HEARING ON BUDGET
The City Council for the City of Sanger, Texas, will hold a public hearing on the Fiscal Year 2018-
2019 Annual Operating Budget on Monday, August 20, 2018 at 7:00 pm in the City Council
Chambers at City Hall, located at 502 Elm Street, Sanger, Texas, 76266. The meeting will be held
for the purpose of receiving community input on the Budget.
This budget will raise more total property taxes than last year's budget by $493,671 (12.7%), and
of that amount $182,034 is tax revenue to be raised from new property added to the tax roll this
year.
The public is encouraged to review the City's proposed budget on the City of Sanger website at
www.sangertexas org or view a paper copy of the budget in the City Secretary's office in City
Hall.
940.458,7930 1 502 Elm Street I PO Box 1729 1 Sanger, TX 76266 I www.sangertexas.org
f facebook.com/SangerTexas V (&CityofSanger
23
A tax rate of $0.679100 per $100 valuation has been proposed by the governing body of CITY OF SANGER. This
rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by
the governing body before adopting the proposed tax rate.
The governing body of CITY OF SANGER proposes to use revenue attributable to the tax rate increase for the
purpose of street improvements.
PROPOSED TAX RATE
PRECEDING YEAR'S TAX RATE
EFFECTIVE TAX RATE
ROLLBACK TAX RATE
$0.679100 per $100
$0.679100 per $100
$0.639033 per $100
$0,680797 per $100
The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for CITY OF
SANGER from the same properties in both the 2017 tax year and the 2018 tax year.
The rollback tax rate is the highest tax rate that CITY OF SANGER may adopt before voters are entitled to petition
for an election to limit the rate that may be approved to the rollback rate.
YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS:
property tax amount = (rate) x (taxable value of your property) / 100
For assistance or detailed information about tax calculations, please contact:
Michelle French
Denton County Tax Assessor -Co [lector
1505 E. McKinney Street Denton, TX 76209
940-349-3500
property.tax@dentoncounty.com
tax.dentoncounty.com
You are urged to attend and express your views at the following public hearings on proposed tax rate:
First Hearing: 08/20/2018 7:00 PM at Sanger City Hall 502 Elm Street Sanger, TX 76266
Second Hearing: 09/04/2018 7:00 PM at Sanger City Hall 502 Elm Street Sanger, TX 76266
24
THE CITY OF SANGER,
TEXAS
BUDGETrlR
•
Date
Item
Monday, March 26, 2018
Announce Budget Schedule at Staff Meeting
Thursday, April 12, 2018
Director -Level Budget Meeting
Friday, April 13, 2018 - Friday, April 27, 2018
Finance Director Prepares Preliminary Budget
Monday, April 30, 2018
Finance Director and City Manager meet to discuss revenues
Monday, May 07, 2018
Submit Preliminary Budget to City Manager for Review
Monday, May 07, 2018 - Wednesday, June 13, 2018
City Manager Review of Budget
Wednesday, June 13, 2018
Preliminary Budget Completed
Monday, June 18, 2018
City Council Budget Workshop
Monday, July 02, 2018
City Council Budget Workshop
Monday, July 16, 2018
City Council Budget Workshop (if needed)
Monday, July 23, 2018
Chief Appraiser Certifies Tax Roll
Monday, July 30, 2018
Budget Filed with the City Secretary and Posted on the City's
Website
City Council Meeting to Discuss Tax Rate
Monday, August 06, 2018
If Proposed Tax Rate Will Raise More Revenue than the
Proceeding Year, Take Record Vote and Schedule Public
Hearing
Publish Notice of Public Hearing on Budget
Thursday, August 09, 2018
Publish Notice of Public Hearings on Proposed Property Tax
Rate
Monday, August 20, 2018
Public Hearing on Budget
First Public Hearing on PropsedTax Rate
Tuesday, September 04, 2018
Second Public Hearing on Proposed Tax Rate
City Council Vote on Adoption of Budget
Monday, September 17, 2018
City Council Vote on Adoption of Tax Rate
City Council Vote on Adoption of Tax Roils
March
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June
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April
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July
Su
Mo
Tu
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I Th
Fr
I Sa
1
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3
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5
6
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8
9
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12
13
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31
May
Su
Mo
Tu
11 We
Th
Fr
Sa
1
2
3
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5
6
7
8
9
10
11
12
13
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31
August
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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22
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25
26
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30
31
September
Su
Mo
Tu
We
Th
Fr
Sa
1
2
3
4
5
6
7
8
9
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INFORMATION ITEMS
26
ALL AMERICAN DOGS
OCT
NOV
DEC
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
ROLLING OVER: LAST MONTH
0
2
4
5
4
9
2
3
12
26
55
55
INCOMING
IMPOUNDED: DOGS
11
13
5
5
10
2
3
8
5
9
IMPOUNDED: CATS
8
6
18
2
1
2
1
5
12
20
EMERGENCY CALL OUT: DOG
2
2
2
EMERGENCY CALL OUT: CAT
TNR-TRAP RELEASE: CAT
TOTAL BEFORE DISPOSITION
19
19
23
7
13
4
6
13
17
31
0
0
SURRENDER: DOG
2
4
7
3
5
2
1
2
3
2
SURRENDER: CAT
3
2
1
1
SURRENDER TOTAL FOR MONTH
2
7
7
5
6
2
1
2
4
2
0
0
OUTGOING
ADOPTION: DOG
4
4
2
4
3
3
1
1
2
ADOPTION :CAT
4
5
1
1
3
RESCUE PICK UP: DOG
1
1
2
1
RESCUE PICK UP: CAT
OWNER PICK UP: DOG
4
6
1 7
1
6
2
4
4
2
1
OWNER PICK UP: CAT
RELEASE TO BARN: CAT
6
6
12
1
2
2
DIED: DOG
1
1
1
DIED: CAT
1
2
1
EUTHANIZED: DOG
2
2
1
2
1
1
EUTHANIZED: CAT
1
2
1
2
4
1
TOTAL OUTG 0 1 N G
19
24
29
13
14
13
6
6
7
4
0
0
TOTAL FOR THE MONTH
2
4
5
4
1 9 1
2
1 3
1 12
26
55
1 55
55
YTD TOTAL (260)
1 241
1 222
1 199
1 192
179
175
169
156
139
108
108
108
rolling over= total at the end of the month before
total before disposition= all incoming animals
total at end of month= rolling over + total before disposition - total outgoing
N M total= 260 - total incoming (1st month) continue subtracting total incoming
J