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06/03/2013-CC-Agenda Packet-RegularS*a�1gQ TEXAS AGENDA CITY COUNCIL MONDAY, JUNE 3, 2013 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: May 20, 2013 - Work Session May 20, 2013 — Regular City Council Meeting b) Disbursements c) Approval to Advertise for Bids for Construction of Belz Road Extension Paving and Drainage Improvements. d) Approve Resolution #R06-10-13 — Approving and Adopting Rate Schedule "RRM- Rate Review Mechanism" For Atmos Energy Corporation, Midtex Division. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Conduct a Public Hearing Concerning A Request for Approval of Alternative Exterior Building Materials and/or Design for a Proposed Structure (Metal Pole Barn Behind Existing House) Located At 107 Holt Street. 6. Consider, Discuss, and Possibly Approve A Request for Alternative Exterior Building Materials and/or Design for a Proposed Structure (Metal Pole Barn Behind Existing House) Located at 107 Holt Street. 7. Consider, Discuss, and Possibly Approve Ordinance #06-06-13 - Amending Chapter 1 Of The Code Of Ordinances By Adding Article 1.1100 Park And Recreation Regulations. 8. Consider, Discuss, and Possibly Approve Ordinance #06-07-13 - Amending Appendix A "Fee Schedule" of the Code of Ordinances of the City of Sanger, Texas, Amending Article 7.000 Park and Recreation Use Fees. 9. Conduct a Public Hearing On A Proposed Specific Use Permit For A Quick Service Food And Beverage Shop On Property Legally Described As Lot 1, Pate Addition, Located At 910 West Chapman Street. 10. Discuss, Consider and Possibly Act on Approving Ordinance #06-08-13 - Amending the Comprehensive Zoning Ordinance and Official Zoning Map, by Granting A Specific Use Permit For A Quick Service Food And Beverage Shop On Property Legally Described As Lot 1, Pate Addition, Located At 910 West Chapman Street. 11. Conduct A Public Hearing on Proposed Amendment to the Official Zoning Map to Rezone from SF-10 Single Family Residential to BI Business District I On the Property Legally Described As Tract 363 Of The Henry Tierwester Survey, Located At The Southwest Corner Of 5th Street and Willow Street. 12. Discuss, Consider, and Possibly Act on Approving Ordinance #06-09-13 — Amending The Comprehensive Zoning Ordinance and Official Zoning Map, By Changing The Zoning Classification From SF-10 Single Family Residential To Bl Business District 1, On the Property Legally Described As Tract 363 Of The Henry Tierwester Survey, Located At The Southwest Corner Of 5th Street and Willow Street. 13. INFORMATION ITEMS: a) Financial & Investment Reports - April 2013 b) Library Report —April c) ATMOS Energy Statement of Rider GCR for June 2013 in Accordance with Gas Utilities Docket No. 10170 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: (yin,, —1b I at 2:00 . and shall remain posted until meeting ik adjourned.,,.""', i�m Cheryl Ybice, Deputy City Secretary .'/ ';' k City of Sanger, Texas i This facility is wheelchair accessible and accessible parking spaces are available. Requests for accounnodatious 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 WORKSESSION May 20, 2013 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens and Councilman Allen Chick ABSENT: Councilman Gary Bilyeu OTHERS PRESENT: Mike Brice City Manager, Tani Taber City Secretary, Rodney Dryden and Vonda Smith of Wellspring 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:10 p.m. 2. Presentation on Wage Survey by Wellspring. Rodney Dryden spoke about the current benefits that the City provides which includes health, dental, life and most recently, vision insurance. He felt that the benefits are competitive to comparable cities, however, he advised that a little over half of the cities in the survey offer long term disability and recommended that consideration be given to provide that. Vonda Smith spoke about the wage survey that the ten cities listed below participated in. Anna - population 8,595 Bridgeport - population 6,045 Denton - population 117,187 Granbury - population 7,987 Weatherford - population 25,557 Joshua - population 5,982 Azle - population 11,170 Bowie - population 5,215 Carrollton - population 121,000 Gainesville - population 15,984 Granbury - population 7,987 She felt that the pay is competitive with the market when comparing individual salaries to market averages (not including Fire and Police) and recommended an across the board 2% pay adjustment to all employees to keep up with the pay increases from other municipalities. 3. Overview of Items on Regular Agenda. 4. Adjourn. Mayor Muir adjourned the work session at 7:09 p.m. MINUTES: CITY COUNCIL MEETING May 20, 2013 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin and Councilman Scott Stephens ABSENT: Councilman Gary Bilyeu and Councilman Allen Chicle OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Sam Alexander, Sharon Copeland and Chad Spratt 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:13 p.m. Councilman Stephens led the Invocation, followed by Mayor Muir leading the Pledge of Allegiance. 2. Consider, Discuss and Approve Ordinance #05-05-13 - Canvassing the Results of Votes for the Purpose of Electing Candidates to the Office of City Council of the City of Sanger, Texas, for the General Election Held on May 11, 2013, Declaring the Results of That Election and Providing for an Effective Date. Councilman Stephens made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 3. Elect Mayor Pro-Tem. Councilman Ezell made a motion to nominate Councilman Stephens. Seconded by Councilman Martin. Motion carried 2-0. For Abstained Councilman Ezell Scott Stephens Councilman Martin 4. 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). None. CONSENT AGENDA 5. a) Approval of Minutes: May 6, 2013 - Council b) Disbursements Councilman Ezell made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 6. Consider any Items Removed From Consent Agenda. None. REGULAR AGENDA 7. Conduct Second Public Hearing Regarding Possible Annexation of Properties Located South of FM 455 and West of FM 2164. Mayor opened the Public Hearing at 7:20 p.m. Sharon Copeland, owner of property located at the southwest quadrant of 2164 and FM455 inquired about getting to maintain her agriculture exemption if she signed a development agreement. Mayor Muir that she would be able to maintain that exemption. Mayor closed the Public Hearing at 7:25 p.m. 8. Consider, Discuss and Possibly Act on Approving the Award of Contract to Alan Plummer Associates for Evaluation of the Existing Wastewater Plant. Councilman Martin made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 9. Consider, Discuss and Possibly Act on Approving a Development Agreement in Lieu of Annexation With Lake Ray Roberts Dry Boat Storage, Inc., for the Property Legally Described as Track 52A of the J. Morton Survey, 6.0 Acres, Located at 611 FM 455. Councilman Stephens made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 10. EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.072 - Deliberation Regarding Real Property - (Discuss Purchasing Denton County Building Located at 5th and Bolivar). Council convened into Executive Session at 7:34 p.m. 11. RECONVENE: OPEN MEETING Council reconvened at 7:55 p.m. Councilman Martin made a motion to approve the City Manager to enter into negotiations with Denton County on property located at 5th and Bolivar. Seconded by Councilman Ezell. Motion carried unanimously. 12. Adjourn. Mayor Muir adjourned the meeting at 7:56 p.m. 5/22/2013 9:01 AM REFUNDS CHECK REGISTER PAGE: 1 PACKET: 05803 US - Refund VENDOR SET: 99 AT VENDOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR ------------- I.D. NAME ----------- ---------------- ------------- TYPE ------------ DATE ------------ DISCOUNT ------------ AMOUNT --------------------------- NO$ MOUNT I CRONNHART, ROSIN I-000201305215066 CROMIHART, ROBIN R 5/22/2013 194.64 053805 194.64 1 EASLEY, BETTY I-000201305215067 EASLEY, BETTY R 5/22/2013 239.07 053806 239.07 1 GREEN TREE FARMS I-000201305215068 GREEN TREE FARMS R 5/22/2013 151.52 053807 151.52 1" KENNEDY, SUSANNE " I-000201305215065 KENNEDY, SUSANNE R 5/22/2013 264.84 053808 264.84 1 EDI HCMES 1-000201305215071 LGI HCMES R 5/22/2013 137.96 053809 137.96 1 LOT HOMES I-000201305215072 LOT HCMES R 5/22/2013 144.48 053810 144.48 LGI HCMES 1-000201305215013 LGI HCMES R 5/22/2013 162.00 053811 162.00 1 MEAD, RACHYL I-000201305215070 MEAD, RACHYL R 5/22/2013 54.76 053812 54.76 1 PATTERSON, AARON I-000201305215074 PATTERSON, AARON R 5/22/2013 227.60 053813 227.60 1 RUSSELL, ADAM 6 BROOKE I-000201305215064 RUSSELL, ADE14 & BROOKE R 5/22/2013 42.50 053814 42.50 1 SPRINGS, STACY 1-000201305215069 SPRINGS, STACY R 5/22/2013 96.40 053615 96.40 B A N K T 0 T A L S ' NOb DISCOUNTS CHECK A".4T TOTAL APPLIED REGULAR CHECKS: 11 0.00 1,715.77 1,715.77 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 - 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BANK TOTALS: 11 0.00 1,715.79 1,715.77 5/22/2013 2:38 PM A / P CHECK REGISTER PACKET: 05805 Regular Pay,ents 5/22/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NA14E / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 09600 AFLAC C-06/01/2013 AFLAC R 5/22/2013 0.14 053816 I-AF3201305015048 INSURANCE R 5/22/2013 172.05CR 053816 1-AF3201305155063 INSURANCE R 5/22/2013 172.05CR 053816 I- AFK201305015048 INSURANCE R 5/22/2013 91.35CR 053816 I-AFK201305155063 INSURANCE R 5/22/2013 91.35CR 053816 I-AFL201305015048 INSURANCE R 5/22/2013 963.25CR 053816 I-AFL201305155063 INSURANCE R 5/22/2013 963.25CR 053816 2,453.16 18330 AMERICAN REHAB L INSPECTIONS, INC. I-19074 INSPECT SEWER LINE R 5/22/2013 500.000R 053817 500.00 25410 HINKLEY 6 BARFIELD - C&P, INC I-9846 NEW BELZ E%T INTERLOCAL R 5/22/2013 17,500.000R 053818 13,500.00 25690 B'11I COMPANIES, INC I-11853058 SUMMERTIME FERTILIZER R 5/22/2013 1,875.93CR 053819 1,875.93 06240 CASCADE FIRE EQUIPMENT I-51025 ROCKER LUGS, HOSE R 5/22/2013 445.84CR 053820 445.84 02490 CENTURYLINK I-05/10/2013 PHONE SERVICE 5/10-6/9/13 R 5/22/2013 1,391.14CR 053821 1,391.14 00590 CITY OF DENTON I-3/5/2013 ANTENNAS 4 SPEAKERS R 5/22/2013 309.000R 053822 I-5/8/2013 PORTABLE RADIO BATTERY R 5/22/2013 210.000R 053822 519.00 07850 CLEAT I-CLT201305015048 ASSOCIATION DUES EMPLOYEE R 5/22/2013 90.000R 053823 I-CLT201305155063 ASSOCIATION DUES EMPLOYEE R 5/22/2013 90.000R 053823 180.00 03730 COLLIN COUNTY COLLEGE I-SCO29901 TRAINING 785 L 782 R 5/22/2013 40.000R 053824 40.00 23620 COTE'S MECHANICAL I-C192013375 ICE MACHINE RENTAL R 5/22/2013 354.000R 053825 354.00 08770 CPI OFFICE PRODUCTS 1-3576719-0 OFFICE SUPPLIES R 5/22/2013 180.52CR 053826 180.52 11510 CULLIGAN I-5/9/2013 WATER BOTTLE SRV 2013 R 5/22/2013 70.15CR 053827 70.15 5/22/2013 2:38 IN A / P CHECK REGISTER PAGE: 2 PACKET: 05805 Regular Pay ents 5/22/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 MOUNT 18190 DEPARTY.ENT OF INFORMATION RESOURCE I-1304102611 LONG DISTANCE 4/1-4/30/13 R 5/22/2013 23.25CR 053828 23.25 20980 EXPRESS SERVICES, INC. I-12462212-7 PARKS LABOR R 5/22/2013 403.000R 053829 403.00 23010 FIVE STAR SUPPLY CO INC. I-43961 TISSUES 6 TOWELS R 5/22/2013 277.62CR 053830 277.62 18790 FUELMAN I-NP36000694 VEHICLE FUEL 5/6-5/12/13 R 5/22/2013 3,582.63CR 053831 3,582.63 01070 GALLS INC. I-000594944 HANDCUFF/WAG POUCH R 5/22/2013 107.47CR 053832 I-000614952 BEARING HOLSTER, LIGHT R 5/22/2013 320.48CR 053832 427.95 03340 GENE GOHLKE I-9245 BAY FIELDCHALKR 5/22/2013 487.20CR 053833 487.20 19480 HUTHER 6 ASSOCIATES, INC 1-38031 TESTING OF SAMPLES 2013 R 5/22/2013 470.000R 053834 470.00 20760 IAFC 1-91773 2013 DUES 6/l/12-5/31/13 R 5/22/2013 239.000R 053835 239,00 03530 JANES WOOD AUTOPARK, INC. I-VCCS4041 A/C CONDENSER REPAIR R 5/22/2013 1,652.34CR 053836 1,652.34 05400 LEGALSHIELD C-05/15/2013 LEGALSHIELD R 5/22/2013 0.02 053837 I-PPL201305015048 PREPAID LEGAL SERVICES R 5/22/2013 82.71CR 053837 I-PPL201305155063 PREPAID LEGAL SERVICES R 5/22/2013 82.7ICR 053837 165.40 25060 LED:ONS PUBLICATIONS INC I-1157 LEMONS PUBLICATIONS INC R 5/22/2013 110.000R 053838 110.00 17900 LOWER COLORADO RIVER AUTHORITY I-LB105811 SMILE TESTING 4/23/13 R 5/22/2013 207.70CR 053839 207.70 10470 IIARTI❑ APPARATUS I-3007702 VALVE KIT R 5/22/2013 92.92CR 053840 92.92 5/22/2013 2:38 PH A / P CHECK REGISTER PACKET: 05805 Regular Payments 5/22/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT N09 AMOUNT 02970 OFFICE DEPOT I-657471880001 SAFE, TAB DIVIDERS, TRAY R 5/22/2013 60.85CR 053841 - I-65702231001 SAFE, TAB DIVIDERS, TRAY R 5/22/2013 7.38CR 053841 68.23 19200 PATHMARK TRAFFIC PRODUCTS OF TEXAS,INC. I-0081757-IN SIGNS R 5/22/2013 69.80CR 053842 69.80 22360 PREMIER LAWN ADD PCWER I-7458 PTO CLUTCH R 5/22/2013 299.50CR 053843 299.50 19290 RENTAL ONE I-388008-0002 2 DUN ROLLER -RENTAL R 5/22/2013 718.04CR 053844 I-389314-0001 STIHL TS800 MP SAW R 5/22/2013 1,970.1OCR 053844 2,688.14 11170 RICOH AMERICAS CORP:ODS I-23332596 ANNUAL 2012-2013 R 5/22/2013 205.33CR 053845 205.33 24280 RUSSSELL MADDEN INC I-13-0107 EMERGENCY REPAIRS R 5/22/2013 979.94CR 053846 I-13-0121 EMERGENCY REPAIRS R 5/22/2013 696.65CR 053846 I-13-0126 EMERGENCY REPAIRS R 5/22/2013 240.39CR 053846 1,916.98 23050 TEXAS TRUXX OUTFITTERS I-9842 WINDOW TINT TARSUS R 5/22/2013 150.00CR 053847 150.00 12290 TRIPLE JB TRANSPORTATION, I NC. I-5978 TCWRIG OF TRACTOR R 5/22/2013 365.000R 053848 365.00 02910 UPPER TRINITY I-W271305 APRIL 2013 R 5/22/2013 18,527.86CR 053849 18,527.86 22450 VIDACARE CORPORATION I-70480 14EEDLE SET R 5/22/2013 528.85CR 053850 528.85 T 0 T A L S ' * NOd DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 35 0.00 58,468.44 58,468.44 HANWIRITIEN 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: 35 0.00 58,468.44 58,468.44 TOTAL ERRORS: 0 TOTAL WARIIINGS: 0 kTgehBXAS COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ❑ Yes ® Not Applicable Council Meeting Date: June 3, 2013 Submitted By: Robert Woods City Manager Reviewed/Approval Initials Date -5"-- ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Approval to Advertise for Bids for Construction of Belz Road Extension Paving and Drainage Improvements. FINANCIAL SUMMARY ❑N/A ❑GRANTFUNDS ❑OPERA77NG 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 ❑ $= Special ® $1,000000 BACKGROUND/SUMMARY OF ITEM Staff is recommending advertising for bids on June 9, 2013 for construction of Betz Road Extension Paving and Drainage Improvements. The proposed roadway will be constructed on the east side of IH-35. The length and width of the roadway is approximately 3,250 linear feet and 38 feet and 31 feet respectively. Funding for this project is from the Denton County Bond Program the allotted amount from the county is $1,000,000. STAFF OPTIONS & RECOMMENDATION Staff recommends advertising for bids on June 9, 2013. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: AGENDA INFORMATION SHEET CONSENT AGENDA ITEM APPROVAL OF RATE SCHEDULE "RRM — RATE REVIEW MECHANISM" FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION BACKGROUND In 2008 the Atmos Texas Municipalities (ATM) approved the initial Rate Review Mechanism (RRM) for the Mid -Tex Division of Atmos Energy ("Atmos"). That RRM was in effect from 2008 and expired at the end of 2011. The RRM provides the ATM cities a process for reviewing Atmos' cost of service on an annual basis and is a substitute to the legislatively approved interim rate process at the Commission known as the Gas Reliability Infrastructure Program ("GRIP"). During 2011, ATM, through the law firm of Herrera & Boyle, PLLC and rate consultants retained on behalf of ATM, participated in a series of negotiations with representatives from Atmos Energy with the goal of arriving at a revised RRM. Those discussions had a deadline of December 31, 2011, but the ATM and Atmos Energy were not able to reach a new agreement on a revised RRM. Under the terms of the RRM then in place, Atmos was to file a traditional rate case with the ATM cities and the Railroad Commission of Texas (RCT) early in 2012. But the parties nonetheless agreed that once the general rate case was concluded, that they would again attempt to reach agreement on a revised RRM. Atmos filed its general rate case in January 2012 that was processed at the Railroad Commission as GUD No. 10170. Following the conclusion of that rate proceeding, Atmos approached the cities to continue negotiations of a new RRM. Over the course of several months in 2013 the firm of Herrera & Boyle, with the assistance of expert consultants, engaged in negotiations with Atmos regarding the implementation and design of a new RRM. The negotiations resulted in a revised RRM that captures many of the decisions made by the Railroad Commission in GUD No. 10170. The RRM replaces and all GRIP filings that Atmos would otherwise submit annually. The RRIvi minimizes the cost of review and avoids expenses associated with full rate proceedings. The RRM provides a city: 1. The opportunity to review all of Atmos' Operation & Maintenance (O&M) expenses for reasonableness; if a city believes an expense is unreasonable it may exclude it from recovery in rates; 2. The opportunity to review all of Atmos' capital investments for reasonableness; if a city believes a capital investment is imprudent, it may exclude it from recovery in rates; 1 of 3 3. A review of all of Atmos' revenues so that any increases in revenue can offset a proposed increase in rates; 4. A opportunity to seek information from the Company (that is, to conduct discovery) to help the City assess the validity of Atmos' proposed increase in rates; 5. A cap on the amount by which the customer charge can increase; rate increases cannot increase the customer charge by more than the lesser of 40% of the customer charge, or $0.50; further there will be no customer charge increase in the first RRM filing; 6. Reimbursement of the City's cost to undertake its review; and 7. In the end, a fixed reduction of $3 million to what the RRM mechanism would otherwise show to be Atmos' revenue requirement, adjusted by a percentage equal to the total percentage increase in revenue that the RRM would otherwise authorize. By contrast, the GRIP process provides cities no meaningful opportunity to participate in setting rates or to imdertake a meaningful review of the basis for the increase Atmos may seek in a GRIP filing. GRIP filings constitute single -issue ratemaking based on limited facts favoring rate increases and provide: 1. No meaningful participation by cities; 2. No review of increases in revenue that could offset the level of increase that may be needed under the GRIP filing; 3. No review of Atmos' O&M expenses that may serve to offset increases under a GRIP filing; 4. No consideration of very favorable depreciation treatment under the federal tax code that can affect the utility's accumulated deferred federal income taxes (ADFIT); 5. No reimbursement for a cty's review of Atmos' filing; and 6. All increases are recovered through an increase in the customer charge. The RRM provides the City a meaningful opportunity to annually review Atmos' expenses and investments, whereas a GRIP filing focuses only on the incremental change in investments. Note by approving the RRM this resolution, it would not impact rates at this time, but would instead establish the parameters of future RRM filings that Atmos would make beginning in July, 2013. Going forward, new rates would result from collaboration between Atmos and the cities it serves. Any changes in actual charges that Atmos and its cities agree to would be approved in future resolutions. In the first year of the RRM (2013), Atmos would file its request under the RRM on July 15, 2013 with new rates going into effect on October 15. In subsequent years, the filing would take place by March 1 with new rates going into effect on June 1 of that year. All customers would be notified of each new RRM filing by bill insert. The RRM would be in effect for a four-year period (2013-2017). 2of3 The City should take action no later than June 2013. ATMOS TEXAS MUNICIPALITIES The Atmos Texas Municipalities ("ATM") group was organized by a number of municipalities served by Atmos; the City is a member of the ATM coalition of cities. The law firm of Herrera & Boyle, PLLC (through Mr. Alfred R. Herrera) has previously represented the ATM in rate cases involving Atmos. RECOMMENDATION: APPROVAL OF MID-TEX RRM — RATE REVIEW MECHANISM ATM's Special Counsel and the consultants engaged by ATM recommend that the City approve Atmos' RRM. ATM's counsel and consulting experts have engaged in settlement negotiations and secured better terms than those initially offered by Atmos. The RRM's design is substantially more preferable than the GRIP filings. ATM's Special Counsel and its consultants believe that the results of the negotiated RRM would provide the City a better opportunity to control the outcome of interim rate reviews over the next several years. Absent this agreement, the City will be exposed to annual GRIP filings that it will have almost no ability to review or influence. Furthermore, Atmos could also initiate another frill rate proceeding and/or request that the Railroad Commission approve an RRM that Atmos has designed without the City's input. Nothing in the proposed RRIvI would limit the legal rights and duties of the City. A City may initiate a rate proceeding at any time to review whether the rates charges are just and reasonable. The Company also retains its right to initiate a rate proceeding in accordance with Texas Utilities Code. The City should approve the RRM. The City should take action no later than June 2013. 3 of 3 ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: FIRM — Rate Review Mechanism ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS APPLICABLE TO: CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 1 OF 6 Applicability Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in the Mid -Tex Division of Atmos Energy Corporation ("Company") except such customers within the City of Dallas. This Rate Review Mechanism ("RRM") provides for an annual adjustment to the Company's Rate Schedules R, C, I and T ("Applicable Rate Schedules"). Rate calculations and adjustments required by this tariff shall be determined on a System -Wide cost basis. II. Definitions "Test Period" is defined as the twelve months ending December 31 of each preceding calendar year. The "Effective Date" is the date that adjustments required by this tariff are applied to customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is October 15, 2013. Unless otherwise noted in this tariff, the term "Final Order" refers the final order issued by the Railroad Commission of Texas in GUD 10170. The term "System -Wide" means all incorporated and unincorporated areas served by the Company. "Review Period" is defined as the period from the Filing Date until the Effective Date. The "Filing Date" is as early as practicable but no later than March 1 of each year with the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual Effective Date is June 1, 2017. III. Calculation The RRM shall calculate an annual, System -Wide cost of service ("COS") that will be used to adjust applicable rate schedules prospectively as of the Effective Date. The annual cost of service will be calculated according to the following formula: COS=OM + DEP+ RI +TAX+ CD-ADJ Where: OM = all reasonable and necessary operation and maintenance expenses from the Test Period adjusted for known and measurable items and prepared ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: I FIRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS EFFECTIVE DATE: I Bills Rendered on and after October 15, 2013 I PAGE 2 OF 6 I consistent with the rate making treatments approved in the Final Order. Known and measurable adjustments shall be limited to those changes that have occurred prior to the Filing Date. OM may be adjusted for atypical and non -recurring items. Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Test Period, but the methodology used will be that approved in the Final Order. DEP = depreciation expense calculated at depreciation rates approved by the Final Order. RI = return on investment calculated as the Company's pretax return multiplied by rate base at Test Period end. Rate base is prepared consistent with the rate making treatments approved in the Final Order, except that no post Test Period adjustments will be permitted. Pretax return is the Company's weighted average cost of capital before income taxes. The Company's weighted average cost of capital is calculated using the methodology from the Final Order including the Company's actual capital structure and long term cost of debt as of the Test Period end (adjusted for any known and measurable changes) and the return on equity from the Final Order. However, in no event will the percentage of equity exceed 55%. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash working capital will be calculated using the lead/lag days approved in the Final Order. With respect to pension and other postemployment benefits, the Company will record a regulatory asset or liability for these costs until the amounts are included in the next annual rate adjustment implemented under this tariff. Each year, the Company's filing under this Rider RRM will clearly state the level of pension and other postemployment benefits recovered in rates. TAX = income tax and taxes other than income tax from the Test Period adjusted for known and measurable changes occurring after the Test Period and before the Filing Date, and prepared consistent with the rate making treatments approved in the Final Order. CD = interest on customer deposits ADJ = Downward adjustment to the overall, System -Wide test year cost of service in the amount of $3,000,000.00, adjusted by a percentage equal to the total percentage increase in base -rate revenue sought pursuant to this tariff. IV. Annual Rate Adjustment ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: I FIRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS EFFECTIVE DATE: I Bills Rendered on and after October 15, 2013 I PAGE 3 OF 6 I The Company shall provide schedules and work papers supporting the Filing's revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order. The result shall be reflected in the proposed new rates to be established for the effective period. The Revenue Requirement will be apportioned to customer classes in the same manner that Company's Revenue Requirement was apportioned in the Final Order. For the Residential Class, 40% of the increase may be recovered in the customer charge. The increase to the Residential customer charge shall not exceed $0.50 per month in any given year. The remainder of the Residential Class increase not collected in the customer charge will be recovered in the usage charge. The Company will forgo any change in the Residential customer charge with the first proposed rate adjustment pursuant to this tariff. For all other classes, the change in rates will be apportioned between the customer charge and the usage charge, consistent with the Final Order. Test Period billing determinants shall be adjusted and normalized according to the methodology utilized in the Final Order. V. Filing The Company shall file schedules annually with the regulatory authority having original jurisdiction over the Company's rates on or before the Filing Date that support the proposed rate adjustments. The schedules shall be in the same general format as the cost of service model and relied -upon files upon which the Final Order was based. A proof of rates and a copy of current and proposed tariffs shall also be included with the filing. The filing shall be made in electronic form where practical. The Company's filing shall conform to Minimum Filing Requirements (to be agreed upon by the parties), which will contain a minimum amount of information that will assist the regulatory authority in its review and analysis of the filing. The Company and regulatory authority will endeavor to hold a technical conference regarding the filing within ten (10) calendar days after the Filing Date. The 2013 Filing Date will be July 15, 2013 A sworn statement shall be filed by an Officer of the Company affirming that the filed schedules are in compliance with the provisions of this Rate Review Mechanism and are true and correct to the best of his/her knowledge, information, and belief. No testimony shall be filed, but a brief narrative explanation shall be provided of any changes to corporate structure, accounting methodologies, allocation of common costs, or atypical or non- recurring items included in the filing. VI. Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall review and render a decision on the Company's proposed rate adjustment prior to the ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: I FIRM — Rate Review Mechanism APPLICABLE TO: I ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS I EFFECTIVE DATE: I Bills Rendered on and after October 15, 2013 I PAGE 4 OF 6 I Effective Date. The Company shall provide all supplemental information requested to ensure an opportunity for adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within seven (7) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the proposed rate adjustment into compliance with the provisions of this tariff. The regulatory authority may disallow any net plant investment that is not shown to be prudently incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions of this tariff shall constitute a finding that such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent RRM or Statement of Intent filing. During the Review Period, the Company and the regulatory authority will work collaboratively and seek agreement on the level of rate adjustments. If, at the end of the Review Period, the Company and the regulatory authority have not reached agreement, the regulatory authority shall take action to modify or deny the proposed rate adjustments. The Company shall have the right to appeal the regulatory authority's action to the Railroad Commission of Texas. Upon the filing of an appeal of the regulatory authority's order relating to an annual RRM filing with the Railroad Commission of Texas, the regulatory authority having original jurisdiction over the Company's rates shall not oppose the implementation of the Company's proposed rates subject to refund, nor will the regulatory authority advocate for the imposition of a third party surety bond by the Company. Any refund shall be limited to and determined based on the resolution of the disputed adjustment(s) in a final, non -appealable order issued in the appeal filed by the Company at the Railroad Commission of Texas. In the event that the regulatory authority and Company agree to a rate adjustment(s) that is different from the adjustment(s) requested in the Company's filing, the Company shall file compliance tariffs consistent with the agreement. No action on the part of the regulatory authority shall be required to allow the rate adjustment(s) to become effective on June 1. To the extent that the regulatory authority does not take action on the Company's RRM filing by May 31, the rates proposed in the Company's filing shall be deemed approved effective June 1. (2013 filing RRM rate will be effective October 15, 2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory authority may choose to take affirmative action to approve a rate adjustment under this tariff. In those instances where such approval cannot reasonably occur by May 31, the rates finally approved by the regulatory authority shall be deemed effective as of June 1. To defray the cost, if any, of regulatory authorities conducting a review of the Company's annual RRM filing, the Company shall reimburse the regulatory authorities on a monthly basis for their reasonable expenses incurred upon submission of invoices ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: FIRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 5 OF 6 for such review. Any reimbursement contemplated hereunder shall be deemed a reasonable and necessary operating expense of the Company in the year in which the reimbursement is made. A regulatory authority seeking reimbursement under this provision shall submit its request for reimbursement to the Company no later than August 1 of the year in which the RRM filing is made and the Company shall reimburse regulatory authorities in accordance with this provision on or before August 30 of the year the RRM filing is made. To the extent possible, the provisions of the Final Order shall be applied by the regulatory authority in determining whether to approve or disapprove of Company's proposed rate adjustment. This Rider RRM does not limit the legal rights and duties of a regulatory authority. Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate proceeding at any time to review whether rates charged are just and reasonable. Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code, Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities Code, Chapters 101-105). The annual rate adjustment process set forth in this tariff shall remain in effect during the pendency of any Statement of Intent rate filing. VIL Reconsideration, Appeal and Unresolved Items Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007). VIII. Notice Notice of each annual RRM filing shall be provided by including the notice, in conspicuous form, in the bill of each directly affected customer no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer; ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: FIRM — Rate Review Mechanism APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 6 OF 6 c) the service area or areas in which the proposed rates would apply; d) the date the annual RRM filing was made with the regulatory authority; and e) the Company's address, telephone number and website where information concerning the proposed rate adjustment be obtained. RESOLUTION NO. R06-10-13 A RESOLUTION BY THE CITY OF SANGER, TEXAS ("CITY"), APPROVING AND ADOPTING RATE SCHEDULE "RRM — RATE REVIEW MECHANISM" FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY. WHEREAS, the City of Sanger, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and under § 103.001 of GURA has exclusive original jurisdiction over the rates, operations and services of Atmos Mid -Tex within the municipality; and WHEREAS, the City as a member of the coalition of cities served by Atmos Mid -Tex known as the Atmos Texas Municipalities ("ATM"); and WHEREAS, the City previously approved a Rate Review Mechanism ("RRM") Tariff that allows for an alternative, negotiated rate review process to facilitate annual changes in gas utility rates reflective of Atmos Mid-Tex's annual system -wide cost of providing service in lieu of an interim rate adjustment through a legislatively -constructed Gas Reliability Infrastructure Program ("GRIP"); and WHEREAS, the RRM process permits City review of requested rate changes and provides for a review of Atmos Mid-Tex's total cost of service on an annual basis; and 3562140.1 1 WHEREAS, the initial RRM tariff expired in 2011; and WHEREAS, ATM, through its Special Counsel in conjunction with experts retained on behalf of ATM, negotiated with Atmos Mid -Tex to develop a new RRM process that would annually adjust rates in lieu of rate adjustments through annual GRIP filings or fall rate cases at the Railroad Commission; and WHEREAS, the renewal of the RRM process may avoid costly rate case litigation; and WHEREAS, ATM's legal counsel recommend ATM member cities approve the negotiated RRM; and WHEREAS, the attached Rate Schedule "RRM — Rate Review Mechanism" ("RRM Tariff') provides for a reasonable rate review process that is to be utilized in lieu of GRIP filings; and WHEREAS, the attached RRM Tariff as a whole is in the public interest; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS THAT: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That the City Council finds that the RRM Tariff, which is attached hereto and incorporated herein as "Attachment A," is reasonable and in the public interest, and from the effective date of this Resolution is in force and effect in the City. Section 3. That to the extent any resolution or Resolution previously adopted by the City Council is inconsistent with this Resolution, it is hereby repealed. Section 4. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 3562140.1 2 Section 5. That if any one or more sections or clauses of this Resolution is judged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 6. That this Resolution shall become effective from and after its passage. Section 7. That a copy of this Resolution shall be sent to Atmos Mid -Tex, care of Christopher Felan, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240 and to Mr. Alfred R. Herrera, Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701. PASSED AND APPROVED this 3rd day of June, 2013. Thomas E. Muir Mayo' ATTEST: Tami Taber City Secretary 3562140.1 3 RATE REVIEW MECHANISM (RRM) BILLS RENDERED ON AND AFTER OCTOBER 15, 2013 Last Annual Effective Date: June 1, 2017 3562140.1 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑Yes ® Not Applicable ❑ Workshop ElExecutive ElPublic Hearing Reviewed by Legal Yes Not Applicable Council Meeting Date: Submitted By: June 3, 2013 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date f ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly act a Request From Ashley Tadlock for Approval of Alternative Exterior Building Materials and/or Design for a Proposed Structure at 107 Holt Street FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS ❑OPERATING EXPENSE []REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The property is zoned SF-9 Single -Family Residential District. The applicant is proposing to install a metal pole barn behind the existing house. STAFF OPTIONS & RECOMMENDATION The City Council may approve an alternative to use a different material or design if they find that the material or design meets or exceeds the intent of the architectural standards after conducting a public hearing. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Co n mission or Other • Architectural Standards (§3.17 & §3.21) Agencies: • Aerial Photo of Subject Property None • Application • Applicant's Exhibits City of Sanger Architectural Standards Commercial Buildings ARTICLE 3.1700 EXTERIOR CONSTRUCTION OF BUILDINGS Article 3.1701 Types of Exterior Construction Restricted (a) This article establishes restrictions on the exterior construction elements of both new construction and additions to buildings in zoning districts B-1, B-2, B-3 and within all zoning districts where any portion of a proposed biding is within 250 feet of the IIi-35 Right-of-way and all specific uses which specify that the requirements of this article be met. (b) The exterior facade of any new building meeting the criteria above shall be constructed of materials from the following list: stone, cast stone, stucco, brick, limestone, granite, or native stone with the exception of windows and doors. (c) A maximum of ten (10) percent of the building facade may be comprised of "split face" concrete block (d) The City Council may approve an alternative to use a different material or design if they find that the material or design meets or exceeds the intent of this article after conducting a public hearing. Notice of the hearing must be published in a local newspaper at least fifteen (IS) days prior, and notices mailed to all property owners within two hundred (200) feet at least ten (10) days prior, to the public hearing. (e) For buildings within two hundred and fifty (250) feet of the IH-35 Right-of-way that are 50,000 square feet or larger, and are on tracts ten (10) acres or larger, and zoned 11 or 12, exterior walls may be constructed of smooth face concrete or block provided that one or more of the materials listed in (b) above is used as an accent on a minimum of 25% of any wall facing a sheet, thoroughfare or highway except for a dead end street only providing access to industrially zoned property. (Originally adopted 2001, amended in 2009) Residential Buildings ARTICLE 3.2100 EXTERIOR CONSTRUCTION OF RESIDENTIAL DWELLINGS (a) This article establishes the exterior facade requirements for single-family residences, duplexes and multi -family units in the City of Sanger. (b) All exterior facades for the fast story of a new single-family residence or duplex in any zoning district, except where specifically exempted, shall be constructed of a minimum of one hundred percent (100) percent masonry construction, including and limited to; brick, stone, granite, marble, cast stone or stucco. All other floors shall be constructed of a minimum of fifty (50) percent masonry. (c) All exterior facades for the first story of a new apartment building or multi -family dwelling in any zoning district shall be constructed of a minimum of one hundred (100) percent masonry construction including brick, stone, cast stone, granite, marble or stucco. All floors shall be constructed of a minimum of fifty (50) percent masonry. (d) Additions to, or reconstruction of, existing structures must have, at a minimum, the same ratio of masonry to other materials as does the existing structure. (c) Detached garages, shops and storage buildings over two hundred (200) square feet must have, at a minimum, the same percentage of masonry facade as the first floor of the main structure. Buildings other than the primary residence on A -Agricultural zoned property are exempt from this requirement. (f) The City Council may approve an alternative to use a different material or design if they find that the material or design meets or exceeds the intent of this article after conducting a public hearing. Notice of the hearing must be published in the local newspaper at least fifteen (15) days prior, and notices mailed to all property owners within two hundred (200) feet at least ten (10) days prior, to the public hearing. (Originally adopted 2002, amended In 2009) BUILDING PERMIT APPLICATION / RESIDENTIAL Date: VI A3.I3 [[rrJJ II''II Construction Address: Lo yi i—L 4 Property Zoning Classification: Building Owner: Building owner Address: General Contractor: General Contractor Address: Total Square Footage: Subdivision: Number of Stories:_ Block: Lot: Phone Number: / IS/U�B+CONTRACTORS MUST BE REGISTERED WITH THE CITY OF SANGER Plumber: ,/�1 /7N ( Registered with City YES / NO - Registration It: Company Name, Address & Phone: Electrician: /� � lt+ e Registered with City/ NO - Registration N: Company Name, Address & Phone: Mechanical: _ ki 1 Registered with City YES / NO - Registration It Company Name, Address & Phone: "/ Od Application is hereby made to the Building official of the City of Sanger, Texas for a permit to construct, new single family dwelling in accordance with the plans and specifications submitted herewith, and in full conformity with provisions and regulations of all ordinances of the City of Sanger. I am the owner for) authorized agent of the owner of this property. I grant permission to the City of Sanger, Texas and it's authorized agents to enter the premise and associated structures for the performance of official duties. Applicant Signature of Approval (Building Official) Date > Date Date `G, City olSonger 201 Bolivnr/P.O Box 1729 Songer, TX 76266 940-458-2059 fnffice) 940-458-4072 ffax) wmV..snngertexas.org � � i €". ,- �. ,. rn ,I � n^"� ___ _�._.............._...,...., FrJ Olt A!�54/2-0 -�A QIR --Az, ec! 4r, ..a. m� a �n+'� Y',�. lima ..?.. ¢ . �...✓� . r,`�1 �,,.� �, �! k,Te•�'.� Yi m+ '\ue-c^ O ,mod �. `��. 4* z,�.� '•� a i � r u r' r r 9 . �. �� :f 'w''%,`�', �� °� d' � s^'* �-� � n 7 � ", .� �; � � , �, ,., ."^� c.�,.., Lev VoQq, zoo S"L T2AS COUNCIL ADGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: June 3, 2013 Submitted By: Brian Crenwelge Director of Parks and Recreation City Manager Reviewed/Approval Initials Pate ACTION REQUESTED: ® ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Park ordinance and fee schedule. FINANCIAL SUMMARY ®N/A GRANT FUNDS ❑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 El Special El $ BACKGROUND/SUMMARY OF ITEM The Parks and Recreation Department currently doesn't have a comprehensive ordinance or fee schedule. To develop the ordinance and fee schedule the Parks Board requested reviewing ordinances and fee schedules in neighboring communities similar in size to Sanger. After several meetings the Parks Board and Keep Sanger Beautiful Board approved the park ordinance and fee schedule. With these documents the Parks Department can enforce rules and increase revenue for the City of Sanger. STAFF OPTIONS & RECOMMENDATION The Director of Parks and Recreation recommends approving the park ordinance and fee schedule as approved by the Parks Board and the Keep Sanger Beautiful Board. List of Supporting Documents/Exhibits Attached: Park Ordinance Fee Schedule Prior Action/Review by Council, Boards, Commissions or Other Agencies: The Parks Board and the Keep Sanger Beautiful Board have reviewed and voted to approve the park ordinance and fee schedule. ORDINANCE 06-06-13 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDING CHAPTER I OF THE CODE OF ORDINANCES BY ADDING AN ARTICLE TO BE NUMBERED ARTICLE 1.1100 PARK AND RECREATION REGULATIONS; PROVIDING DEFINITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 1 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an Article, to be numbered Article 1.1100, which said Article shall read as follows: ARTICLE 1.1100 PARK AND RECREATION REGULATIONS Section 2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. City park and recreation area(s) means all of the territory within the boundaries of such areas, and includes the portions of such areas used for the parking of vehicles. Enter or enhy means intrusion of the entire body. Notice means an oral or written communication by the city manager; the director of parks and recreation department or any authorized parks and recreation department personnel, or the chief of police or any police officer. League. A group of athletic teams organized to promote mutual interests and to compete chiefly among themselves. Athletic fieldffacility means a field or combination of fields designated by the Parks & Recreation Department to facilitate games and/or practice activities. Tournament. A sporting event made up of a series of games, rounds, or contests between multiple teams. Special ei,ent. Any event, activity or program that operates wholly or partially within the city which may require the use of or assistance from the parks and recreation department, police department, fire department, or any other public service department. Facilities. Properties and/or improvements owned, leased or otherwise controlled by the parks and recreation department which includes, but is not limited to, recreation centers, swimming pools, tennis center clubhouse, golf course clubhouse, outdoor learning center, senior citizens center, museums, community centers, termis courts, basketball courts, golf courses, recreation fields, picnic areas, open air pavilions, and amphitheaters. See.1.1101 General Authority. (a) The city shall have and shall exercise the power to control all activities and hours of access by the public into all city parks and recreation areas in order to protect and maintain the public health, safety and welfare. Opening and closing hours of each city park and recreation area shall be posted. The city parks and recreation areas shall be under the direct supervision of the director of the parks and recreation or his designee ("director"). (b) The city's police department is charged with the responsibility of supervising and maintaining law and order in all of the city park and recreation areas in order to protect and maintain the peace, health, safety, and welfare of the public. In order to carry out this provision, the police department, and any of its officers, shall have the authority to make any lawful arrests for violation of any state or local law. See. 1.1102 Hours of operation. (a) All city parks and recreation areas shall be open daily to the public between 6:00 am and 10:00 p.m. Each city park and recreation area shall be closed to the public from 10:00 p.m. to 6:00 a.m. and also as otherwise closed by orders of the director for the purpose of rehabilitation, cleaning, general supervision, or to protect the health, safety, and welfare of the public. (b) It shall be unlawful for any person to enter, loiter, or remain within any city park and recreation area between the hours of 10:00 p.m. and dawn, except as provided for in this section, which exceptions shall constitute an affirmative defense to violations of this section. The provisions of this section shall not apply to: (1) Persons whose presence is authorized pursuant to a written city permit or agreement. (2) Persons participating in or attending events, activities, or programs previously approved or scheduled by the parks and recreation department and remaining in the locale until the event, activity, or program has concluded; or (3) Persons possessing a permit to camp in those areas duly designated for such activities by the director. (c) Motor vehicles found in a city park and recreation area between the hours of 10:00 p.m. and 6:00 a.m. shall be subject to removal and impoundment in accordance to Chapter 8 Article 8.100, Sec. 8.106. provided however, that this provision shall not apply to motor vehicles in the possession of persons whose presence is allowed under one of the exceptions in subsection (c) above. Sec. 1.1103 Responsibility for minor children. (a) It is unlawful to permit a child or ward to violate any of the rules and regulations specified by this chapter when such child or ward is under the age of 17. (b) To fail, as a parent or other adult who has assumed parental or supervisory control over a child, to adequately supervise a child to prevent the child from engaging in any unlawful act within a city park. As used in this subsection, a "child" is any person under the age of seventeen (17) years. It shall be a defense to prosecution under this subsection that the parent was not physically present in the park at the time of the offense. In the prosecution of an offense under this subsection, no allegation or proof of intent is necessary, and it is the intent of the governing body of the city that this shall be a strict liability offense. Sec 1.1104 Minors, camping. (a) It shall be unlawful for a person under the age of 17 to remain within any city park and recreation area during closing hours, except as follows: (1) The person is accompanied by a parent or legal guardian; (2) The person furnishes to the director a written consent of their parent or legal guardian, which shall include the parent or legal guardians full name, residence, telephone number and date; (3) The person is part of a group which is supervised during those hours by at least one responsible adult for each 15 persons under the age of 17; or (4) Married couples. Sec. 1.1105 Miscellaneous provisions. (a) All reftise, trash or other material created through the use of the parks shall not be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where provided, and if not provided all such rubbish, trash or waste shall be carried away from the park by the person responsible for its presence and properly deposed of elsewhere. (b) It shall be unlawful within any city park and recreation area for a person to: (1) Pick, pull, pull up, tear up, dig up or out, mutilate, break, bruise, injure, burn, remove, carry away, or destroy any tree, shrub, plant, vine, flower, moss or vegetation, or portion thereof including, leaf, mold, foliage, berries, fruit, grass, turf, humus, cones, dead or downed wood, except by prior written approval issued by the director for scientific, educational or maintenance purposes; (2) Mark, deface, disfigure, injure, tamper with or displace or remove any buildings; bridges; tables; benches; fireplaces; railings; paving or paving material; water lines or other public utilities or parts or appurtenances thereof; signs, notices or placards, whether temporary or permanent; monuments, stakes, posts or other boundary markers; or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal; (3) Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters; (4) Bring in the park to dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rock, rubbish, waste, wood, garbage, refuse or other household or commercial trash, containers, equipment or appliances. Bring in or dump, deposit or leave any noxious, hazardous or flammable materials or substances, either solid or liquid, on park property. (5) Light, build or maintain a fire except in clearly designated fire rings, pits or grills. However, fires are strictly prohibited where extreme fire hazard conditions exist and such conditions have been posted. Notwithstanding the previous regulations, portable camp stoves may be used in designated campsites or picnic areas; (6) Hit a golf ball in a park except in areas designated by the parks and recreation department; (7) Take any fish or other aquatic life from park water areas. Fishing is catch and release only. All nets and seines are prohibited; (8) Use water balloons, piliatas, and cascarones (all prohibited); (9) Climb trees; (10) Gamble; (11) Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefore and in compliance with such regulations as are set forth in this chapter or may be hereafter adopted; (12) Cause and maintain noise and sound levels of groups, individuals, radios, or any sound equipment at a level considered to be a nuisance as deemed by the director or any other city employee; (13) Use or speak any threatening, abusive, insulting or indecent language in any of the public parks; and no person shall commit in any such parks any obscene, lewd or indecent act or create any nuisance; (14) Disturb in any mamrer any picnic, meeting, service, concert, exercise or exhibition; (15) Distribute, post, place or erect any advertising handbill, circular, billing notice, paper or other advertising device without prior permission of the city; (16) Hitch, fasten, lead, drive or let loose any animal, reptile or fowl of any kind, except in designated areas; (17) Ride or drive any horse or other animal, except in designated areas; (18) Possess any fireworks, explosives or similar devices or substance capable of explosions, or to discharge, ignite, set off any such device or substance, except with written permission of the director; Shooting exceptions, starting pistol Chapter 8, Sec. 8.402 (3) starting pistol; (19) Engage in any commercial venture including offering to sell any goods, wares, merchandise or food, or render any service for hire or to solicit funds or donations of any item; or to distribute written material without the written permission of the director; (20) Appear in a state of nudity; (21) Operate or use a metal detector without the written permission of the director; (22) Smoke or use tobacco products (Chapter 8, Article 8.8 Sec.8.809 of the Code of Ordinances); (23) Possess or consume any alcoholic beverage on any park or athletic field in the city, including all areas or structures within the boundaries of any park or athletic field within the city Chapter 8, Article 8.2; (24) Possess any glass container within any city park or athletic field in the city, including all areas or structures within the boundaries of any park or athletic field within the city; (25) Sell or offer for sale any food, drinks, confections, merchandise or services unless and for a duration of time approved by the city; (26) Practice, carry on, conduct or solicit for any trade, occupation, business or profession or to circulate any petition of whatsoever kind or character without approval of the city; (27) Use the restrooms and washrooms designated for the opposite sex if over the age of six years; (28) Use any remote -controlled or radio -controlled airplane or other aeronautical device, unless without the approval of the Director of Parks and Recreation. Sec. 1.1106 Special events, uses, programs. (a) The director is authorized to require and issue permits for the reservation and temporary use of the city park and recreation areas. Permits shall be granted unless the intended use would result in a scheduling conflict; traffic congestion; damage to property or landscaping; could threaten the public's or city park and recreation area user's health, safety or welfare; or be inconsistent with the protection and preservation of wildlife. The director shall be authorized to establish written guidelines not inconsistent with the terms of this Code for the reservation and use of all city park and recreation areas and for the issuance of camping permits. Permits issued shall be conditioned on compliance with state laws, this chapter, other applicable requirements set forth in this Code and such guidelines as may be established and promulgated under this chapter. The granting of such permits shall not constitute a waiver, exception, or defense to the violation of any other applicable law or ordinance. (b) It shall be unlawful for any person to conduct or to participate in any organized assembly or public participation event except pursuant to a permit issued by the director. (c) Any club, organization or business holding a special event, tournament, or program shall provide the City of Sanger with a copy of liability insurance for 1 million dollars listing the City of Sanger as additionally insured. (d) No fees may be waived without the consent and approval of the City Council. (e) It shall be unlawful for any person to enter into or remain in an area or facility for which a public use limit has been established when such action will have the effect of exceeding the established limitations. (f) Park reservations must be made at least 48 hours prior to the event. Special events must be made 60 days prior to the event. See.1.1107 Animals. (a) It shall be unlawful within any city park and recreation area for a person to: (b) Bring into or possess a pet or other domesticated animal, unless the animal is properly secured by a leash not exceeding ten feet in length, or confined to a vehicle or camping structure, or to permit said animal to enter into or remain within a city park and recreation area unless so secured; (c) Permit any pet or domesticated animal to remain unattended or to create a disturbance or hazard; (d) Permit any pet or domesticated animal, except those trained to assist a person with a disability, to enter into or remain in any building or enclosure designated for public use including a cabin, lodge room, restroom, shelter, dining hall, amphitheater or administration building; (e) Permit any pet or domesticated animal to enter the water of a designated swimming area or to permit said animal, except those trained to assist a person with a disability, within the land or beach area adjacent to the water of a designated swimming area; (f) Bring into, permit to range or release into a park and recreation area a wild animal, pet, fowl or livestock; (g) Possess a noisy, vicious or dangerous animal, or one which is disturbing to other persons; (1) Ride, drive, lead or keep a saddle horse, except in designated areas; (2) Ride a saddle horse in a manner that is dangerous to a person or another animal; (3) Allow a saddle horse to stand unattended or insecurely tied; or (4) Hitch a saddle horse to a tree, shrub or structure in any manner that may cause damage. See.1.1107 Wildlife. (a) It shall be unlawful within any city park and recreation area for a person to: (1) Harm, harass, disturb, trap, hunt, confine, catch, possess or remove any wildlife, or portions of wildlife except by permit issued by the director; (2) Release any fish into the waters except as authorized by the director (not including fish caught within a city park). 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 the 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 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 accordance with the general penalty provision found in Section 1.109 of this Code. 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. PASSED AND APPROVED this _day of June 2013 by the City Council of the City of Sanger, Texas. ATTEST: Tami Taber, City Secretary APPROVED: Thomas E. Muir, Mayor ST11--awAs COUNCIL ADGENDA 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: June 3, 2013 Submitted By: Brian Crenwelge Director of Parks and Recreation City Manager Reviewed/Approval Initials rZ"- Date ACTION REQUESTED: M ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Park ordinance and_f=-a� FINANCIAL SUMMARY ® N/A GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑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 The Parks and Recreation Department currently doesn't have a comprehensive ordinance or fee schedule. To develop the ordinance and fee schedule the Parks Board requested reviewing ordinances and fee schedules in neighboring communities similar in size to Sanger. After several meetings the Parks Board and Keep Sanger Beautiful Board approved the park ordinance and fee schedule. With these documents the Parks Department can enforce rules and increase revenue for the City of Sanger. STAFF OPTIONS & RECOMMENDATION The Director of Parks and Recreation recommends approving the park ordinance and fee schedule as a proved by the Parks Board and the Keep Sanger Beautiful Board. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Park Ordinance Agencies: The Parks Board and the Keep Sanger Beautiful Board have Fee Schedule reviewed and voted to approve the park ordinance and fee schedule. ORDINANCE #06-07-13 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING APPENDIX A "FEE SCHEDULE" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, AMENDING ARTICLE 7.000 PARK AND RECREATION USE FEES PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Article 7.000, Appendix A "Fee Schedule" of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: ARTICLE 7.000 PARK AND RECREATION USE FEES Sec. 7.100 Park Usage Fees Baseball/Softball (a) League Play. (1) Game. When field layout and markings having specific dimensions are required before the designated activity takes place. (2) $10.00 per player non-refundable. (3) Actual or estimated cost of electricity during the season. (b) Tournament Play. (1) Tournament. A sporting event made up of a series of games, rounds or contests between multiple teams. (2) Deposit per field: $100.00 (3) Per field per day: $200.00 (4) Lights: a. $20.00 per hour and $10.00 for each half hour thereafter. b. $20.00 per hour penalty for lights left on after the game. c. Porter Sports Complex actual amount of electricity used will be billed. (c) Practice Play. (1) When field layout and markings are not required before the designated activity takes place. (2) Lights: a. $20.00 per hour and $10.00 for each half hour thereafter. b. $20.00 per hour penalty for lights left on after the game. c. Porter Sports Complex actual amount of electricity used will be billed. (d) Adult Softball (1) The team fee is $350.00 non-refundable, to be paid in full on or before registration deadline. Late Registration will be extended three days past the deadline and will include an additional fee of $25. Sec. 7.101 Park Usage Fees Soccer / Football (a) League Play. (1) Game. When field layout and markings having specific dimensions are required before the designated activity takes place. (2) $10.00 per player non-refundable. (3) Actual or estimated cost of electricity during the season. (b) Tournament Play. (1)Tournament. A sporting event made up of a series of games, rounds or contests between multiple teams. (2) Deposit per field: $100.00 (3) Per field per day: $200.00 (4) Lights: (a) $20.00 per hour and $10.00 for each half hour thereafter. (b) $20.00 per hour penalty for lights left on after the game. (e) Practice Play. (4) When field layout and markings are not required before the designated activity takes place. (5) Lights: (a) $20.00 per hour and $10.00 for each half hour thereafter. (b) $20.00 per hour penalty for lights left on after the game. Youth Adult =LYouth/Adult Practice Game Practice Game Tournament Baseball/Softball $25.00 $30.00 $35.00 $65.00 $200/Day (Per field/per 90 minutes) Soccer/Football $15.00 $25.00 $45.00 $120.00 $200.00 (Per field/per 90 Minutes) Concession Stand $60.00 $90.00 $60.00 $90.00 $125.00 Additional facility costs. (1) Installation/relocation of pitcher's mound: $150.00 (2) Installation/relocation of pitching rubber: $30.00 (3) Instal lation/relocation of base anchors/bases $10.00 (4) Concession stand rental $90.00 (5) Concession stand cleaning: $200.00 (6) Soccer/football field layout and marking and set up (per field): $100.00 (7) Park and recreation staff(hourly per employee): $25.00 (8) Repair of damaged facility to be paid for at actual cost of labor and materials. (9) Dry Chalking machine $50.00 per league. (10) Score Board Controllers $450.00 Deposit. (11) Dry Field Chalk $500.00 per season. Sec. 7.102 Community Center (a) Before 5:00 p.m. Monday -Thursday $50.00 for the first two hours and $25.00 for each additional hour. (b) After 5:00 p.m. Monday -Thursday and anytime Friday, Saturday and Sunday, $100.00 for the first three hours and $35.00 for each additional hour. (c) On any city recognized holiday, $200.00 for the first three hours and $35.00 for each additional hour. (d) Cleaning Deposit $100.00 (Ordinance 09-31-11 adopted 9/6/11) Sec. 7.103 Special Events (a) Special event permit $100.00 Sec .7.104 Pavilions (a) Half day $25.00 (b) Full day $50.00 Sec.7.105 Advertising (a) Ball field advertising banners $500.00 per season Sec.7.106 Vendors (a)Vendors utilizing city property shall be required to obtain a permit from the Director of Parks and Recreation and pay a $100.00 fee. Sce.7.107 Commercial for -profit business (a) Any for -profit business using a city park for delivery of a program or service is required to obtain a "Park Use Permit' and pay a $100 fee and $10.00 per participant. 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 the 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 incorporation in this Ordinance of any such unconstitutional word, please, clause, sentence, paragraph, or section. Section 4. 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 accordance with the general penalty provision found in Section 1.109 of this Code. 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. PASSED AND APPROVED this _day of June 2013 by the City Council of the City of Sanger, Texas. APPROVED: Thomas E. Muir, Mayor ATTEST: Tami Taber, City Secretary 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 Yes Not Applicable Council Meeting Date: Submitted By: June 3, 2013 Joseph D. Miff, AICP City Manager Reviewed/Approval Initials ACTION REQUESTED: ®ORDINANCE 06-08-13 ❑ RESOLUTION N [:]APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Adopt Ordinance 06-08-13 Amending the Official Zoning Ordinance to Grant a Specific Use Permit for a Quick -Service Food and Beverage Shop on Property Legally Described as Lot 1, Pate Addition located at 910 West Chapman St. FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS ❑OPF.RATINGEXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is located at the southeast corner of FM 445/Chapman Drive and 10`I' Street, and was previously the location of Pioneer Auto Repair. The property is zoned I-1 Industrial District. The surrounding properties are zoned either I-1 Industrial or B-2 Business District The applicant is proposing to operate a Quick -Service Food and Beverage Shop. The Zoning Ordinance defines this as "an establishment offering food or beverage service to.customers either through an automobile pick-up window or a walk-up window, with or without eating space provided within the building." A Quick -Service Food and Beverage Shop requires a Specific Use Permit. The applicant's Letter of Intent describe their proposed business in more detail. Staff mailed notice of this public hearing to 11 nearby property owners. As of this report, Staff has received one response in opposition to the application, and none in support. STAFF OPTIONS & RECOMMENDATION Staff is concerned that the application may not provide adequate stacking for vehicles waiting to be served without interferinwith traffic along 10u' Street. The intersection of 10u' Street and FM 455 is heavily traveled, and 10" Street selves as the counter -flow to the one-way I-35 frontage road to the west. It is especially important that businesses in the area around the I-35 and FM 455 interchange provide adequate off-street parking and queuing area to keep the travel lanes as clear as possible. List of Supporting DocurnciaWExhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Map of the Subject Property • Letter of Intent from the Applicant Agencies: On May 13, 2013, the Planning & Zoning Commission • Proposed Ordinance conducted a public hearing concerning this request. The Commission voted 6-0 to recommend denial of the proposed request. Because the Commission recommended denial, approval by City Council will require a supermajority of 4 votes. 910 West Chapman Drive x ,mom mvi If �i5 v 1 • t, �� .1 fir. � �Y CHAPDL�\' DRNOR 6 t • ray' _ � - tk �a e _, @ F a ra a ya Legend t @„ @ SUBJECT PROPERTY t sg� iiTEXAS ZONING CHANGE/SUP APPLICATION ` tl Zoning Change Specific Use Permit n..,,,.,r !iL difForont frnm annlirantl Appilballl Name:: -W � 17iJ .-�QI�L,I M 1J Name: A Yt JG% Company: Company: Address: p. o• 60Y-) /b`I Address: 58$5 - Gcn �n City, State, Zip Z�� City, State, Zipc2 r t�- 6 Phone: c• 96- Phone: Fax: C(y 6 Ll� � �/l8-3 Fax: % Y () 0 Email: 1'ot l n+G)h1 r dT M9i(l C'QM Email: '2'tu z '00 col, — Submittal Checklist Site Plan (for Specific Use Permits only) Letter of Intent 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. Describe the size, etc.): e Describe the proposed zoning change or Specific Use Permit (SLIP): an Applicant Signature Office Use FeeZr F Date ? l,J Date yi�� Date City of Sanger 201 golivor/ P.O gox 1729 Sanger, 7X 76266 940-458-2059 (office) 940-458-4072 (fox) www.songertexas.org LULU'S DRIVE THRU Drive thru Food and Beverage Barn located at 910 W Chapman Dr in Sanger, Texas 76266. We intend to sell a variety of products such as: Packaged Beer, Wine, Chips, Nuts, Beef Jerky Products, Tobacco Products, Bagged Ice, Soft Drinks, Coffee, Energy Drinks, Foam Ice Chests and an assortment of Candy Bars. There will also be an area for Live Bait and Fishing Tackle plus, we will provide Breakfast Tacos, Pizza by the Slice and BBQ Sandwiches. (all to be held at the required Health Code Temperatures) We plan to do minimal improvements to include: 1) 6 self contained Slide Door Refrigerated Merchandisers (beer and wine) 2) 3 self contained Slide Door Refrigerated Merchandisers (sodas) 3) 2 small self contained Slide Door Refrigerated Merchandisers (energy drinks) 4) 110x20 self contained Walk In Cooler for back stock 5) 1 leased "Ready Ice' machine for 10 and 20 pound bags of ice 6) 3 Racks for chips and assorted bagged products 7) 1 Rack for Red Wines 8) 13x8 Hot Deli Case for prepared hot food items 9) Paint the back half of the building red for the "Barn Appearence" There is sufficient electrical access inside the current structure to accommodate all of the items listed above needing electricity. We plan to do no structural improvements at this time. Hours of Operation: Monday to Thursday: lam to 10pm Friday and Saturday: lam to 12 midnight Sunday: 12 noon to 9pm Partners for Lulu's Drive Thru: Leonardo Ibarra Jorge Landeros Jon Holliman Kristin Anthony Ernest Bingham Jennifer Bingham ƒ§\/k£/ &S§ u_ loll• a� . GRAPHIC SCALE aaasvWzttmar;nda D. ECA9D7 amm, v'®sa� v2zz6� l&AIa 911238FP S B6°/3'OS"E SBl,B4' 6 ALINE nn r,P z � I m TO wX PATC `n J NDT➢RISED ZmO ➢C iORER ]I, NJ$< � � II Woe G` )IP N 'su W LOTI N N m 0.60 ACRE I � 94,96l S0. FL I can to N 66•/3'0S" W />4.33• IRS n 25.D' Ioa 2b I2: COY r,,OMASAwY cr AL vowac 1."9D, rncE e49 w I y. ZI NP rvT Zm �ry Wi OCIWE'R]4 064 LOT2 0.TT ACRE 33.465 SO. T. CP WEST E00.251 /cnr _ LOT3 C47ACRE 3 20,683 S0. FT. S 69°IB'5f W 22526' 'IRF� A.A LYNLH OLUME `9 Pace ]SY L— DmlcAnoN WHERE45. W.K Peb 'r}' Udamer.o(allNNdardln Varl'ofdntl eXualed in Na Rmben Babw Surmy, CIHo/Svn0a60mdn,Ceunly,Tamvntla Wrtafro mlletl2).53 eve4vC1 of WM tlewibed hI Ne 0eetl d J.R. SUIINan roeedetl N Velume d5, pepe.433 of d1e Deed Rawrds cr inn Dead eCuwpprltlyeWno,"WKan Pdo (om AoRf lePned1 .11WW$aaPFeblroWHugh Pan. ImWmad Onn I0 W.K P1j4 madd Volume lum °140 00, 3ABe4h0n of fmMa Real Pm am, Reewal vNof Oared oCeurnt,ry Tmodd Oowb� W gofbindmen, pnNculurty dmvbetl as folds. BEGWNING for me NoMemt comer or me "Ind tlaeodbed Xerok at a%' mopped Ironrodert me ded,9me NeNxaCwmer Ofoed Soled TmRd to Sohm One Of of FM Read 0455 eM to West Oneefvmvtlun0arappamntpAlkuve gevtddm Offi6treM, THENCE Goddv Ne Wirt pro or aid Sdew pcwllq on men, at fleadd, of 221.00 feet to Oh W enet eemar ormq 3ewntl TnC and wIbUng on mold eom m, a had dbbnw of 35{F5 red to a w edged Iron te] act far no, THENCE Sore N Dogroa 13 Mh Iad 51 Ond de Weoa didgmea of025.26 feat to aW.Pged don rotl vet for comer; THENCE Nerd a 41ar eOfMI3 featto v'/.a.ppad Iron cod act for comer; THwCC more, w Odmee 13 lAnNrt O odlendouIn, dod, enroW aca,ar.er l5ost feat a W em*Iron rotl W bua I. End rgm m4 WUI. ofa Sbeetunder ap,I pubic Dnd ger ad m IDd,0Sdeeland,rd"ln0.Wticanna dm Wkdnwof1>4.33feetdvgelnt for wmmvt ine SovUm'ertcornerof WW FlrslTmctnavrl"e wnbdlne a(wW 10i11 SbaeC THENCE NOM Oa Degrow 5HMl W. W Sewntla Emtvlord eoW LOTH Sold. d1oh nce or21OA* feRN0 wNtf acemmm to OFAh lbe of Bald FM Read N455 efNa NOdMaRcomerefood Flit TTaet THENCE SWWIhdo Dyne 13 MlnWe OS Sdere, Over dWwce olt.& fod R, do PIACE OF BEGIN W NO and mmloerp 2.16 soma el led moro Or Ime. KNOW THEREFORE MOW AL. MEN EYTHESE PRESEHTB ThatWK Par Hugh Pate old IdoW aooptuk plat desgnot o One homb ddumbeci .,a, mP.Atha. in No Cry 0San,.,. Denbo Corny, Toms and de hereby ded. to de public me (.anon No Krod,,9lmefwydm Wblbamamma man Xmeon. BY.WR mana psQ<�4 ((,�,� ,,ll ,\ 1' BGTATEOFTEWS SOUII:UQu West BlK (T(I1224J A �Wx°p�M mntivepb tlumoMwtlmeenm"ro &WvbemNno rt`.P.Im Immdranndd solmoMed, e, me hW he aecubd to word for to purpose and wneldaetlonmoron corroded C ''11 GG andin No.pecby NmelneWM. µ �SgTIJ .I�r GNEN UNDER MY HAND MO SEAL OF THE OFFICE THIS yJnyDAY OF LLl(t voLm (0eSt -1V (uZ�—aTl. .-1OD8. Nodry Publl ue...,f mm ///}}},,�"'e VILKYLSINMCNB w odma al.r done, g /3-.' I. i/iAl�l� HegPldagene,mr WGwmein4M ^' SEPi.f3,M NOTES: 1.) TNs Survey me bean dommdd widNe m 0dr Ofa TO. RaporL 2J Too Survey hw boon poformag w lnformatlen fum hatl WMr. Pon. SS01�3� FINAL PLAT PATE ADDITION LOTS 112 & 3 BEING 2.16 ACRES IN THE R. BESEE SURVEY ABSTRACT No. 29 CITY OF SANGER, DENTON COUNTY, TEXAS SURVEYORGCBRnFKATE KNO W ALL MEN BY'MESE PRmPNTS THAT 4JOHN E THOMPBON II. Rephbdd Profewloni 4 Urmord, dO Nmaby domtl Net do pbi wee papered from an rotten! aM ecwmd ourvay medo m bw oror me of ue land sM NM1M ommerm ammen homed awe fort Or paced Undo Mydlmdon and wparmion In oxonfi nor 1eM to ONlnancm of Me City of l end m, Temo }--._ Ol-x-xe JOMET"dopeorl R11.4:..., Oed ORAWN Ofl moo OF An CHFOeCO OY: JET fflaW 'Inv fncoW in: evt roe 1Q o OATS DRAWN. l-6.98 dl1N'IU:1 COlIN fyr IX 2%1,41L 11,H "00ut"/I 1 .ixOM20NId, R£VISCO: .U.'9- a 0`ay0 CCALC: 1'• 60' On Feb B3 1190 fit 11 no ZMR 4 NOTES: doe/ um ::C-FEOEON61 ,.—'y I,. I.Pi v,����� � r "5 d �1° P"S'a a*� y�� *s f A � t5M �y i q an- fl!7�"r"�lm.`�� rN t Maim, lip, 'jfpl�i� 'x1100 is... w ! g m 'FF� ✓'T Fi Y.�s . v oil r + s }" "fit 4oFn �i '41W✓�.W !*�>vy'y'e ,"' ,ir, k!"aj�n x„P4}t?—s-.. �r a s n,G { Is ✓` ✓ r , I V' . .. }. r arA " iL,r INN OX S �. �' pile �11 RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: Date: Re: Public hearing concerning Specific Use Permit for 910 W. Chapman St. Subject Property: 910 W. Chapman Public Bearing: 7:00 PM, May 13, 2013, 201 Bolivar Street I support the proposed SUP I oppose the proposed SUP City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 islmmate aAsangertexas.org ORDINANCE #06-08-13 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A QUICK -SERVICE FOOD AND BEVERAGE SHOP WITHIN A I-1 INDUSTRIAL DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOT 1, PATE ADDITION LOCATED AT 910 WEST CHAPMAN 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, 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 Lot 1, Pate Addition. Section 2 A Specific Use Permit for a quick -service food and beverage shop is herby granted for the above described property within a I-1 Industrial District, subject to the following conditions: 1. Condition ..... 2. Condition .... 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 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 3`d day of June, 2013. APPROVED: Mayor Thomas Muir ATTEST: City Secretary Tami Taber CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance I ❑ Yes I ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable Council Meeting Date: Submitted By: June 3, 2013 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials — Date J ACTION REQUESTED: ® ORDINANCE 06-09-13 ❑ RESOLUTION It ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Adopt Ordinance 06-09-13 Amending the Official Zoning Map to Rezone the Property Located at the Southwest Corner of 5th Street and Willow Street from SF-10 Single Family Residential to B I Business District 1. FINANCIAL SUMMARY ®N/A [:]GRANTFUNDS ❑OVERATING EXPENSE ❑IZEVENUF ❑CIP [:]BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject area is approximately 0.432 acres, White Addition out of the Henty Tierwester Sutvery and located at the southwest corner of 5th Street and Willow Street. The property is zoned SF-10 Single Family Residential District on the Official Zoning Map. The applicant is requesting to rezone the property into the B-1 Business District. The adjacent properties to the north and east are within a SF-8 Single Family District. The properties to the west and south are zoned SF-10, like the subject property. The Future Land Use Map designates the area for Urban Low Density Residential land uses. Staff mailed out 31 notices of this public hearing. At the time of this report, Staff has received two response form back from those who received a notice. The response forms were in opposition to the proposed rezoning. STAFF OPTIONS & RECOMMENDATION Staff finds that the proposed rezoning satisfies the criteria listed in the Zoning Ordinance for being rezoned from the SF-10 Single Family Residential to 131 Business District 1. Staff recommends approval of the proposed rezoning. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Map of the Subject Property Agencies: • Letter of Intent from the Applicant On May 13, 2013, the Planning & Zoning Conunission • Proposed Ordinance conducted a public hearing concerning this request. The Commission voted 5-1 to recommend denial of the proposed request. Because the Conunission reconunended denial, approval by City Council will require a supermajority of 4 votes. Nick L. Byrne P.O. Box 8 502 N. 9`h St. Sanger, TX 76266 To whom it may concern: This is a Letter of Intent required by the Planning & Zoning Commission, office of the City of Sanger, Texas to identify, a parcel of real property existing within the city limits of the City of Sanger, and to request and justify re -zoning of the subject parcel herein identified as: All that certain lot, parcel or tract of land lying and being situated in the town of Sanger, County of Denton, State of Texas, being in the WHITE ADDITION out of the Henry Tierwester survey, which said White Addition is part of a 32.5 acre tract of land out of said Tierwester survey, as set apart and allotted to O.M. White b y the District Court of Dallas County, Texas, in the partition of the Estate of A.R. White, deceased, in suit styled Chas. N. White et al vs. Mrs. Mattie J. White et al, said lot herein conveyed being a part of a 7 acre tract out of said 32.5 acre tract as conveyed to N.P. Kirkland by O.M. White and wife, and is bounded as follows: BEGINNING at a stake on the south boundary line of the Reuben Bebee Survey, the same being the north boundary line of said Tierwester survey, said beginning point being the point of intersection of the east boundary line of Sixth Street in the said town of Sanger, as now extended with the south boundary line of said Bebee Survey; THENCE East with the south boundary line of said B ebee Survey 200 feet to a point for corner in the WEST boundary line of Fifth Street, as now extended in said town of Sanger, said point being the point of intersection with the West boundary line of said Fifth Street, as now extended and the said south boundary line of said Bebee Survey; THENCE South with the west boundary line of said Fifth Street, as now extended, 94 feet, a stake for corner; THENCE West 200 feet a stake in the east boundary line of Sixth Street, as now extended; THENCE North with the east boundary line of Sixth Street, as now extended , 94 feet to the place of beginning, and being the same land described in the deed from Dosha Odom et al to Mrs. Mattie H. Vaughn, a widow, dated December 29, 1930, recorded in Volume 236, page 58, of the Deed of Records of Denton County, Texas. This parcel of land was purchased by Nick L. Byrne of 502 North 91h Street, Sanger, Texas on March 12, 2013. The vacant lot is currently zoned "Urban Low Density Residential'. The land was purchased for the purpose of being re -zoned "Light Commercial" and utilized for a small facility with a store front engaged in the retail sales of acquired estate property including furniture and other household goods. No structures currently exist on the property. Several live trees, as well as several dead trees exist on the property. The property appears to be well drained and not located in flood plain. It is currently served by water, sewer, electricity, telephone, other communications, and natural gas. There is a large, wide culvert on the north side near the center of the property providing adequate ingress and egress to Willow Street, as well as adequate drainage to the subject site. Due to the property's location on 5tn Street, it's location should provide adequate traffic for a commercial site and re -zoning seems appropriate. Although the surrounding land is zoned residential, re -zoning of the subject property should not adversely affect any of the surrounding properties, especially since no activities creating excessive noise, unattractive structures or activities impacting the environment will be conducted at the site. In addition, activities at the subject site will not create excessive traffic, or adversely affect traffic flow around it. The subject site will be cleaned up, dead trees removed and made ready so periodic mowing of the grass can be performed on a regular basis, until such time as a new modern commercial building containing approximately 2,500 sq. ft. can be built. Thank you or your consideration. f! -- Nick L. Byrne Sanger, TX 76266 (940)458-8188 RESPONSE FORM To: City of Sanger Planning & zoning Commission From: Date: Re: Public hearing concerning rezoning at Southwest Corner of 5"' and Willow Subject Property: Southwest Corner of 51" and Willow Public Hearing: 7:00 PM, May 13, 2013, 201 Bolivar Street I support the proposed rezoning I oppose the proposed rezoning Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 ii shumate�san�ertexas.orr RESPONSE FORM To: City of Sanger Planning & Zoning Commission A From: Date: 5-' 6 ._ / Re: Public hearing concerning rezoning at Southwest Coiner of 50' and Willow Subject Property: Southwest Corner of 5"' and Willow Public Bearing: 7:00 PM, May 13, 2013, 201 Bolivar Street Comments: I support the proposed rezoning I oppose the proposed rezoning Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940-458-2059 i shumateAsaneertexas.ore ORDINANCE #06-09-13 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 SF-10 SINGLE FAMILY RESIDENTIAL TO B1 BUSINESS DISTRICT 1. ON PROPERTY LEGALLY DESCRIBED AS TRACT 363 OF THE HENRY TIERWESTER SURVEY, LOCATED AT THE SOUTHWEST CORNER OF 5TH STREET AND WILLOW 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, 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: Tract 363 of the Henry Tierwester survey, located at the southwest corner of 5th Street and Willow Street Section 2 The zoning classification on the herein above described property is hereby changed from SF-10 Single Family Residential TO B1 Business District 1. 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 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 3`d day of June, 2103. APPROVED: Mayor Thomas Muir ATTEST: Tami Taber, City Secretary ORDINANCE #06-08-13 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A QUICK -SERVICE FOOD AND BEVERAGE SHOP WITHIN A I-1 INDUSTRIAL DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOT 15 PATE ADDITION LOCATED AT 910 WEST CHAPMAN 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, 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 Lot 1, Pate Addition. Section 2 A Specific Use Permit for a quick -service food and beverage shop is herby granted for the above described property within a I-1 Industrial District, subject to the following conditions: 1. Condition ..... 2. Condition .... 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 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 3`d day of June, 2013. APPROVED: Thomas E. Muir Mayor ATTEST: Tami Taber City Secretary yam, CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES APRIL 30, 2013 YTD OVER BUDGET REVENUE -GENERAL FUND ACTUAL BUDGET (UNDER)BUDGET Taxes 2,057,626 2,418,500 (360,874) Franchise Fees 316,562 582,600 (266,038) License & Permits 65,285 86,210 (20,925) Fire & Ambulance 255,965 466,500 (210,535) Fines & Forfeitures 102,251 248,112 (145,861) Other 122,542 162,300 (39,758) Solid Waste 393,589 652,000 (258,411) TOTAL REVENUE 3,313,820 4,616,222 (1,302,402) ACTUAL % OF BUDGETED REVENUE 72% YTD (OVER) BUDGET EXPENDITURES -GENERAL FUND ACTUAL BUDGET UNDER BUDGET Administration 290,354 544,026 253,672 Police & Animal Control 788,909 1,366,591 577,682 Fire & Ambulance 394,448 920,110 525,662 Municipal Court 111,952 211,793 99,841 Development Services 128,531 239,169 110,638 Streets 179,174 339,993 160,819 Parks & Recreation 275,823 578,593 302,770 Library 117,978 197,142 79,164 Solid Waste 350,565 560,000 209,435 TOTAL EXPENDITURES 2,637,734 4,957,417 2,319,683 REVENUE OVER (UNDER) EXPENDITURES 676,086 (341,195) 1,017,281 OTHER FINANCING SOURCES (USES) Transfer from 4A 20,500 (20,500) Transfer from 4B 20,500 (20,500) Transfer from Debt Service 110,000 (110,000) Transfer from Enterprise Fund 200,000 (200,000) CHANGE IN FUND BALANCE 676,086 9,805 666,281 FUND BALANCE - BOY 783,202 773,397 9,805 FUND BALANCE - EOY 1,459,288 783,202 676,086 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 GENERAL FUND REVENUE BUDGET AND ACTUAL ■ Actual ■ Budget w W Ffl 17F] I= Taxes Franchise Fees License & Permits Fire & Ambulance Fines & Forfeitures Other Solid Waste 85% 54% 76% 55% 41% 76% 60% EXPECTED % OF BUDGETED REVENUE 58% GENERAL FUND EXPENDITURES BUDGET AND ACTUAL $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 Administration Police & Animal Fire & Control Ambulance 53% 58% 43% ipal Court Development Streets Services 53% 54% 53% ■ Actual ■ Budget Parks & Library Solid Waste Recreation 48% 60% 63% ACTUAL % OF BUDGETED EXPENDITURES 53% 1 1 EXPECTED % OF BUDGETED EXPENDITURES 58% REVENUE -ENTERPRISE FUND Water Wastewater Tap Fees Electric Interest Miscellaneous TOTAL REVENUE CITY OF SANGER, TEXAS ENTERPRISE FUND REVENUE & EXPENDITURES APRIL 30, 2013 OVER BUDGET YTD ACTUAL BUDGET (UNDER) BUDGET 619,640 1,290,119 (670,479) 566,370 1,118,323 (551,953) $8,000,000 257,550 160,000 97,550 3,767,504 7,947,500 (4,179,996) $7,000,000 10,247 29,000 (18,753) 29,363 51,500 (22,137) $6,000,000 5,250,674 10,596,442 (5,345,768) $5,000,000 ACTUAL % OF BUDGETED REVENUE 50% (OVER) BUDGET EXPENDITURES - ENTERPRISE FUND YTD ACTUAL BUDGET UNDER BUDGET Administration 467,519 846,730 379,211 Water 590,602 1,007,383 416,781 Wastewater 242,649 646,021 403,372 Electric 3,219,265 6,412,483 3,193,218 Debt Service 94,205 781,675 687,470 TOTAL EXPENDITURES 4,614,240 9,694,292 5,080,052 REVENUE OVER (UNDER) EXPENDITURES 636,434 902,150 (265,716) OTHER FINANCING SOURCES (USES) Transfers to General Fund (200,000) 200,000 Transfers to Capital Project Fund (25,000) (275,000) 250,000 Transfers to Cap Proj - WW (56,637) (111,832) 55,195 Transfers to Storm Recovery Fund (75,350) (154,000) 78,650 CHANGE IN FUND BALANCE 479,447 161,318 318,129 FUND BALANCE- BOY 6,136,041 5,974,723 161,318 FUND BALANCE - EOY 6,615,488 6,136,041 479,447 ACTUAL % OF BUDGETED EXPENDITURES 48% EXPECTED % OF BUDGETED REVENUE 58% ENTERPRISE FUND EXPENDITURES •Actual BUDGET AND ACTUAL ■ Budget $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 Administration Water Wastewater Electric Debt Serv 55% 59% 38% 50% ice 12% EXPECTED % OF BUDGETED EXPENDITURES 58% CITY OF SANGER, TEXAS CASH AND INVESTMENTS APRIL 30, 2013 CASH AND INVESTMENTS Unrestricted: Cash for Operations Investments for Operations Capital Projects: Capital Improvements Restricted: Debt service Water Deposits Equipment Replacement Hotel Occupancy Tax Library Keep Sanger Beautiful (KSB) Court Security One Plus Donations` TOTAL CASH AND INVESTMENTS Equipment Replacement 2% Water Deposi 4% Debt service 21% Capital Improvements J 24% ENTERPRISE DEBT SERVICE CAPITAL GENERALFUND FUND FUND PROJECTS FUND TOTAL $ 663,184 $ 1,659,937 $ 539,573 $ 103,757 $ 2,930,275 560,184 525,947 1,086,131 1,937,867 1,937,867 1,408,240 303,630 1,711,870 331,948 331,948 160,250 41,862 202,112 13,174 13,174 66,614 66,614 4,763 4,763 4,162 4,162 273 273 $ 1,472,331 $ 55906,074 $ 843,203 $ 103,757 $ 8,289,189 CASH AND INVESTMENTS --, April 30, 2013 Cash for Operations 36% its for Operations 13% Cash and Investments as of April 30, 2013 General Fund Certificates of Deposit, Money Market, and Cash Name Acct. # Maturity Yield* Balance Restricted Pooled Cash 001-00-1000 0.05% $ 630,270 Operating acct. Employee Benefits Fund 110-00-1000 0.05% $ 32,914 OPERATING ACCTS. $ 663,184 GF Contingency Reserve MM 2487969 001-00-1031 0.20% 151,569 GF Contingency Reserve CD Prosperity 001-00-1039 4/26/2013 0.35% $ 203,964 Contingency Reserve GF Contingency Reserve CD 642606 001-00-1043 7/13/2013 0.40% 204,651 CONTINGENCY RESERVE $ 560,184 GF Equipment Replacement MM 2376237 001-00-1032 0.20% 98,326 Y Equipment Replacement GF Equipment Replacement CD 719706 001-00-1033 7/6/2013 0.80% $ 61,924 Y Reserve EQUIPMENT REPLACEMENT $ 160,250 Hotel Occupancy Tax 050-00-1000 0.05% $ 13,174 Y Hotel/Motel Tax Library CD 702994 001-00-1035 1/22/2014 0.40% 50,107 Y Library Bldg. Expansion Library Restricted Fund Balance 16,507 Library Bldg. Expansion Beautification Board Restricted Fund Balance 4,763 Y Funds used by KSB Court Security Restricted Fund Balance 4,162 Y Court Security OTHER $ 88,713 TOTAL CASH AND INVESTMENTS $ 1,472,331 TOTAL UNRESTRICTED $ 1,223,368 Cash and Investments as of April 30, 2013 Enterprise Fund Certificates of Deposit, Name Acct. # Maturity Yield Money Market, and Cash Balance Restricted Description Pooled Cash 008-00-1010 CASH Pooled Cash 008-00-1010 0.05% 0 05°/ $ $ 1,659,937 1,659,937 Operating Fund ° BOND FUND RESERVES $ 1,408,240 EF Contingency Reserve MM 2809753 008-00-1012 0.12% $ 25,587 EF Contingency Reserve CD 737860 008-00-1014 2/14/2013 0.90% 305,951 EF Reserve CD 642541 008-00-1040 3/25/2013 0.45% 102,847 Contingency Reserves EF Contingency Reserve CD 459739 008-00-1047 1/3/2014 0.05% 16,212 EF Storm Recovery - 2% Electric Rev Restricted FB 75,350 CONTINGENCY RESERVES $ 525,947 Utilized for equip. replacement for non- EF Equipment Replacement MM 2376202 008-00-1034 0.12% $ 41,862 Y budget items One Plus 008-00-2605 0.05% 273 Y For customer utility assistance OTHER $ 42,135 TOTAL CASH AND INVESTMENTS $ 5,906,074 1 TOTAL UNRESTRICTED $ 2,185,884 Cash and Investments as of April 30, 2013 Capital Proiects Fund Cash and Investments 999-00-1000 $ 103,757 CIP TOTAL $ 103,757 Beginning Fund Balance 224,097 Revenues Interest Income 334 Denton County Interlocal - Belz Road 102,100 Transfer from Enterprise Fund - Keaton & 5th Sidewalks 25,000 Total Revenues 127,434 Expenditures 4B Sports Complex 5,714 Drainage - 4th & Sims 34,600 Keaton & 5th Sidewalks 51,755 Freese Reconstruction & Sidewalk 715 Belz Extension - East of 135 55,500 Total Expenditures 148,284 Ending Fund Balance 203,247 Non Cash Adjustments to Fund Balance Denton County Interlocal (102,100) Accounts Payable 2,610 Ending Cash and Invesments 103,757 Encumbrances 124,010 Debt Service Fund Cash and Investments 003-00-1010 $ 843,203 DSF TOTAL $ 843,203 Cash and Investments as of April 30, 2013 4A Certificates of Deposit, Money Market, and Cash Name Acct. # Maturity Yield Balance Restricted Pooled Cash 41-00-1000 0.05% $ 184,083 Y Cash NOW 900020693 Prosperity 41-00-1010 14,607 Y 4A MM 902551273 Prosperity 41-00-1012 0.20% 736,682 Y Sanger TX Ind Corp CD 486639 41-00-1013 4/2/2013 0.35% 93,530 Y TOTAL CASH AND INVESTMENTS $ 1,028,902 4B Certificates of Deposit, Money Market, and Cash Acct. Name Acct. # Maturity Yield Balance Restricted Pooled Cash 42-00-1000 0.05% $ 30,758 Y Cash MM 2379694 42-00-1010 0.05% 297,779 Y 413 CD 653500 42-00-1013 4/3/2013 1.30% 21,317 Y 413 CD 659924 42-00-1014 5/12/2013 0.80% 21,064 Y 413 CD 664243 42-00-1015 6/5/2013 0.90% 21,156 Y 413 CD 673277 42-00-1016 7/9/2013 0.80% 21,088 Y 413 CD 686115 42-00-1017 8/14/2013 0.60% 21,046 Y 413 CD 689521 42-00-1018 9/11/2013 0.60% 20,962 Y 413 CD 694371 42-00-1019 10/14/2013 0.70% 21,014 Y 413 CD 697230 42-00-1020 11/17/2012 1.30% 21,137 Y 413 CD 699934 42-00-1021 12/18/2012 1.25% 21,070 Y 413 CD 702285 42-00-1022 1/13/2014 0.50% 20,883 Y 413 CD 706078 42-00-1023 2/19/2013 1.30% 20,809 Y 413 CD 720097 42-00-1024 6/9/2013 1.00% 20,571 Y 413 CD 720119 42-00-1025 3/9/2013 0.80% 20,602 Y TOTAL CASH AND INVESTMENTS $ 601,256 CITY OF SANGER, TEXAS INVESTMENT REPORT MARCH 31, 2013 The Monthly Investment Report is in full compliance with the objectives, restrictions, and strategies as set forth in the City of Sanger's Investment Policy and Texas Government Code 2256.023, the Public Funds Investment Act (PFIA). Ethics Disclosure and Conflicts of Interest In accordance with the PFIA, investment officers are required to file a disclosure statement with the Texas Ethics Commission and the governing body if: a. the officer has a business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i) (1-3); or b. the officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the entity. PFIA 2256.005 (i). Neither of the investment officers are required to file disclosure statements as required by PFIA. CheryCDavenport Cheryl Davenport Finance Director `Jr11"11-W7-Z Mike Brice City Manager SANGER PUBLIC LIBRARY MONTHLY REPORT APRIL 2013 Submitted by Audrey Tolle HIGHLIGHTS: The new director's training continued through April and included many details related to the operations and policies of the library and the city of Sanger, as well as becoming acquainted with specialized computer applications, consortium activities, staff, patrons, Friends, and library board members. Learning how to extract and compile the statistics for this monthly report was one of the most challenging tasks performed. ADMINISTRATION: There was a software upgrade to the Evergreen ILS that improved its functionality with minimal glitches. Several new features include a checkout/reading history function that patrons can activate in their online accounts, a book bag that helps users save lists of materials they are interested in checking out, and an email option. Patrons have commented that they think searching the catalog is now easier. The retiring director took a helpful step in simplifying the process of gathering circulation and collection statistics by creating new shelving locations in the Evergreen system, particularly for media items. The NTLP system that has provided the library with technical support, training and vendor discounts closed on April 301". Amigos is taking over the Geodesity eBook project. Our Internet service provider, Speed of Light, installed new hardware that has doubled our bandwidth and improved efficiency of the network. The meeting room continued to be used for VITA, volunteers who help people fill out and file their tax forms, as well as Sanger Peewee. Meetings attended: Sanger Public Library Board Meeting, 4/8, library meeting room North Texas Library Consortium, 4/15, Roanoke Friends of the Library annual meeting and murder mystery dinner, 4/16, library meeting room PROGRAMS: Adult programs held: "About Autism: Information for Parents & Educators," "Spring Gardening," two Knitting and Crochet workshops, and the book club meeting. The annual Truck Roundup children's program was held on April 15. Twenty-three children and 7 adults attended, enjoying the opportunity to look inside a fire engine, police car, and even climb into the cab of a back hoe. Retired Library Director Vicky Elieson coordinated the event. The Storytime Theme was "Outdoor Fun." Weekly themes were: " Play Outside," "Hiking & Camping," "Swimming, Boating & Fishing" and "Picnics." Unfortunately, the picnic had to be held inside the library due to inclement weather. APRIL 2013 STATISTICS 2012 2013 BORROWER CARDS Last Month 3680 3,443 New Cards 34 41 Cards reactivated 24 14 TOTAL 3670 3,498 CIRCULATION Nonfiction 325 279 Fiction 679 598 Junior Fiction 210 202 Children's Books 472 443 Leased Books 144 152 Interlibrary Loan 6 12 Spanish Materials 3 7 Audio Books 137 123 Music CDs 19 47 Video Materials 594 697 Equipment 5 1 from other libraries 131 232 TOTAL CIRCULATION 2725 2,793 to other libraries 84 94 INTERNET SESSIONS 610 594 PROGRAMS Children's Programs 8 7 Children Attending 77 80 Adults Attending 30 41 Teen Programs 1 Number Attending 28 Other Programs 3 5 Number Attending 25 31 VOLUNTEERS Number of Adults 10 13 Number of Juniors 1 3 Number of Hours 69 93 COLLECTION Books 16,935 16,783 Leased Books 176 172 Paperback Fiction 2,447 2,416 Audio Books 824 811 Music CDs 382 357 Video Materials 1,909 1,911 Microfilm 86 90 Equipment 4 4 TOTAL COLLECTION 22,763 22,544 REVENUE Fines 168.82 $229.22 Copies 183.54 $195.43 ILL Postage $4.75 $14.80 New Cards $7.00 $4.50 Lost Materials $39.96 $15.45 Miscellaneous $0.00 $0.90 TOTAL $404.07 $460.30 i3 The BY WNI M S, SMILAND The fastest growing.( i be d. tes, ness year than with il is National A Library wants manon anu icbvu«w "IV ram! W - Monday, April 22nd, at 7 p.m , Nicole Cialdwell, M,Ed. ; and founder of PositivelyAutism.eom, will°present "About] Autism:. Information for Parents and Educators" at the li- brary. Ms. Caldwell is currently pursuing her PhJ7. with an cniphasis in, autism research, and'emating interventionsk and programs based on Applied Behavior Analysis, social narratives, and visual support strategies. PosItivelyAutism. Corp offels many.Keso, ces,, such as free tgtonals, free: teach - mg materials, and tr lag aad intervention services. `Ills. I Caldwell also trams Future teachers on autism and class- i room positive behavior supports. Autism is referred to as a spectrum disorder" because it covers a range of difficulties and levels of impact. In au-.11 tistic lids referred to as "high funetiouine', an onlooker might not notice anything unusual. Other autistic children;, will have. very noticeable, impairments in communication,' anxiety, social interactions, and sensory differences: Early'i diagnosis and cognitive and behavioral interventions are vi-? tal'to max nize success for the kids in school afid later as; adults, Strategies such as repetition,' reduction of stimula- tion, visual supports such as schedules, and others can help f increase'conummication.skills and reduce objectionable be- havior, For more, information on various strategies, and re- sources such as parties and websites of a variety of informa- tive and helpful organizations, plan to attend this important and. free presentaOon,Al�tiie jibrary on the 22nd, .To ensure plenty, of handouts, please, reserve your spot by phoning (940)458.3257, e-maihilg': • ll$raryclerk@sangertexas:org, "Liking" the event onthelibrary Facebook page, or coming hv`501 Bolivar: 'leadjjs`t, , ill zJ 4,_ t er13 gpring rs the -time of renewal, with cold, dreary day filially fading :away. And in gardening terms, it is the ger erally the buslest time of year>:as clean-up after, winter i often needed, beds need to be Zepared,,sarpe.plants.nee pruningfo'ensure fresh nevV`grdWth, and landscaping ma need to be changed or merely freshened up. It is the time t plant many vegetables and herbs, and lawns may need a pr( emergent fertilizer. Sf you are not sure what to do or whey to start, or want to share your best gardening tips, Sang( Public Library is hereto help. . Tuesday, April 23, local gardener Marian Odom and representative fromD &•L Farm and Home'Suppiy stoi will lead a discussion on Spring Gardening Beginning + � r l ,n'n'1 ` el e eljlea have gardening success this spring and summer, and on int fall, Marion infact has an extensive garden year -'round, an almost never has to buy any vegetables or herbs. Spring rains can rejuvenate plants that have gone do mant over the winter, and damp soil makes digging ar weed -pulling easier. The warm sunshine in between tl rains helps everything thrive, so this is a perfect time of ye to garden. To get off to a good start, or to help others { so, plan to attend this free discussion on the 23rd. Sor handouts and seed and/or plant samples will be availal from previous "gardening talks. and our participants (and are welcome to bring items to share), so please pre-regis to eusure,en3ugh copies. The library can be reached at 9, 4583257,'-on'-Facebook, library@sangertexas.org, or in r son at 501 Bolivar, on the square. xv Trunks on DisplayforYids at the Library 544; 3 mr hour this year,i,said retired and this is a special way to the Roundup will be ask Library Director Vicky help children learn about to park on the square, sin Elieson,' One year the po- the city. Besides being edu- the library parking lot w lice car, the fire engine AND cational, the Truck Round- be full of trucks. In ca the ambulance had to leave up is a lot of fun. of bad weather, the Tru half way through to help The Library is locat- Roundup will be cancels with an emergency some- ed at 501 Bolivar Street. but a movie will be shop where." Please park on the square instead in the library me Departments of the City and be careful crossing the ing room. If you have qua of Sanger cooperate with street to the Library. The tions, call the library at 94 the Library to help celebrate Truck Roundup will run 458.3257 or email library National Library Week. Li- from 3:30 to 4:30 p.m.. Li- sangertexas.org. braries promote education; brary users and visitors to The City of Sanger A Roundup will be host - by the Sanger Public Li- ry on Monday, April 15. y workers will bring ve- les and heavy equipment m fire Street Department, Police Department, the. e Department and more. ey will demonstrate how bucket truck works. is can look inside a fire ;ine, a police car and an ambulance. Children can even climb into the cab of the back hoe. A mower, a skidster and the animal con- trol truck will also be there. City workers will answer questions about the equip- ment, and picture -taking is encouraged. ' The Truck Roundup will be held from 3:30 to 4:30 p.m. "I hope that all the trucks can stay the whole Friends of the Library "Murder Mystery" The annual meeting of the friends of the Library held a dinner an a play on April 16 and featured eight (not ready for prime time) actors presenting, A MURDER ON THE GRILL. Pictured is the cast of charac- ters. In front is Diane Reed who played Bobby Sox. Standing left to right, Chubby Cheddar, David Welch, Ivan Spudnik, played by Carlos Araoz, Judie Rogers was Darby O, Stella Ramsey was gossip colunist Peggy Sue, Tiara Diamond -Melissa Sneed, Dan Dragnet portrayed by Tim Owelle and Bob Chauncey as Johnny Angel. No one was able to figure out WHO DUNNIT, but fun happened never the less. PS: FYI... Tiara Diamond's evil twin sister did the deed! © Thursday, April 25, 2013 :+ Sanger News v w,wijemonspubkotiom.com Sanger Public Library Free Program Internet Safety for Children BY LYNNE S. SMILAND With laptops, tablets, cell phones, I -pods, gaming consoles, and even some portable gaming devices, and Wi-Fi so prevalent, young people can be connected to the Internet almost any- where and anytime. Parents may have a filter or block on the home computer, but often fail to realize that kids can seek out or stumble upon dangerous or shock- ing websites with their othe devices. In addition to wha they might see, the Interne is now the number one wa y *April 2013* fines copies ILL new cards lost Misc 3 10 3 Cash box 5.1 6.85 50.22 1.37 4.14 6 14.58 4.8 5.1 5 6.2 3.9 6.41 7.4 2.4 3.5 4.65 1 2.88 0.7 5.55 21.35 1.3 3 6.3 10.45 3 2 0.5 17.9 0.5 deposits 1.4 160.2 3.4 110.5 7.21 126.81 3.2 11.15 142.55 5.15 3.7 12.5 3.85 540.06 4.3 0.5 6.46 2.65 3.8 3.35 last month 135.39 18.3 6.85 receipts 460.3 4.8 1.5 0.5 595.69 3.7 1.7 1 deposits 540.06 4.4 5 2 55.63 7.4 17.25 1 1 cash box 50.22 1.6 10.25 0.5 0.9 short/over -5.41 48.3 5.05 5.8 1.5 7.9 14.95 0.8 4.2 0.5 4.5 11.6 4.3 5.8 3 For report: \ 229.22 - 195.43 (Coles i 14.8 ( ILL) 4.5 ( NeuJ (wale) 15.45 0.9 (lttisc., IRTMOS energy Chris Felan Vice President Rates & Reaulatory Affairs May 23, 2013 City Official Re: Rider GCR - Rate Filing under Docket No. 10170 Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR applicable for the June 2013 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative purposes only and no action is required on your city's part. Should you have any questions, please let me know. Sincerely, Attachment Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 214-303-9106 F 214-206-2126 Christopher.Felan@almosenergy.com ATMOS ENERGY CORPORATION MID-TEX DIVISION STATEMENT OF RIDER GCR June, 2013 PREPARED IN ACCORDANCE WITH GAS UTILITIES DOCKET NO. 10170 Part (a) - Mid -Tex Commodity Costs Line (a) (b) 1 Estimated Gas Cost per Unit: $0.39147 2 Estimated City Gate Deliveries: 46,650,710 3 Estimated Gas Cost 18,262,353 4 Lost and Unaccounted For Gas % 2.5932% 5 Estimated Lost and Unaccounted for Gas $473,579 6 Total Estimated City Gate Gas Cost: $18,735,932 7 Estimated Sales Volume: 46,839,940 8 Estimated Gas Cost Factor- (EGCF) $0.40000 9 Reconciliation Factor -(RF): $0.00000 10 Taxes (TXS): -$0.00000 11 Adjustment -(ADJ): $0.00000 Btu Factor Per MMBtu 12 Gas Cost Recovery Factor- (GCRF) $0A0000 per Ccf 1.024 $3.9063 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 10170] 100.0000% 64.3027% 30.5476% 5.1497% 14 a. Current Month Fixed Costs of Pipeline Services $15,578,646 $10,017,490 $4,758,903 $802,253 15 b. Plus: Second Prior Month Recovery Adjustment $0 $0 $0 $0 16 Net Fixed Costs $15,578,646 $10,017,490 $4,758,903 $802,253 Commodity Costs 17 a. Estimated Commodity Cost of Pipeline Services $1,649,621 $1,172,781 $351,818 $125,022 18 b. Plus: Second Prior Month Recovery Adjustment $0 $0 $0 $0 19 Net Commodity Cost of Pipeline Services $1,649,621 $1,172,781 $351,818 $125,022 20 Total Estimated Pipeline Costs (Line 16 + Line 19) $17,228,267 $11,190,271 $5,110,721 $927,275 21 Estimated Billed Volumes 62,264,630 Ccf 40,724,040 Ccf 4,165,336 MMBtu 22 Pipeline Cost Factor (PCF) [Line 201 Line 21] $0.17972 Ccf $0.12550 Cof $0.2226 MMBtu 23 Gas Cost Recovery Factor- (GCRF) [Line 12] $0.40000 Ccf $0.40000 Ccf $3.9063 24 Rider GCR $0.57972 Ccf $0.52550 Ccf Rate I - $4.1289 MMBtu 25 RateT- $0.2226 MMBtu ' Industrial Service and Transportation are reported in MMBtu. An MMBtu conversion factor of 1.024 is used