08/16/2021-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL REGULAR MEETING
MONDAY, AUGUST 16, 2021
7:00 PM
HISTORIC CHURCH BUILDING 403 N 7TH STREET
SANGER, TEXAS
1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.
2.CITIZEN INPUT:
(Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issues
brought up during this section.)
3.SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
(Mayoral proclamations, presentations of awards and certificates, and other acknowledgements of
significant accomplishments or service to the community.)
a.United Way of Denton County Live United Month
4.CONSENT AGENDA:
a.Approval of Minutes
1.Consider the minutes of the August 2, 2021, Regular Session.
2.Consider the minutes of the August 10, 2021, Special Meeting.
b.Interlocal Cooperation Agreement for Tax Collection
Consider an Interlocal Cooperation Agreement for Tax Collection between Denton County
and the City of Sanger and authorizing the Mayor to execute the agreement. (Gray)
c.Interlocal Agreement for Cooperative Purchasing
Consider an Interlocal Cooperation Agreement for Cooperative Purchasing between the City
of Sanger and the City of Glenn Heights, and authorizing the City Manager to execute the
agreement.(Ciocan)
5.Consider Any Items Removed from Consent Agenda.
REGULAR AGENDA
6.BOARD AND COMMISSION APPOINTMENTS
Consider appointments to the 4A Industrial Development Corporation and 4B Development
Corporation. (Bradshaw, Edwards)
7.PROPOSED TAX RATE AND SETTING PUBLIC HEARINGS ON TAX RATE AND
BUDGET
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AGENDACITY COUNCIL REGULAR MEETINGMONDAY, AUGUST 16, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXAS1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.2.CITIZEN INPUT:(Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issuesbrought up during this section.)3.SPECIAL PRESENTATIONS AND ANNOUNCEMENTS(Mayoral proclamations, presentations of awards and certificates, and other acknowledgements ofsignificant accomplishments or service to the community.)a.United Way of Denton County Live United Month4.CONSENT AGENDA:a.Approval of Minutes1.Consider the minutes of the August 2, 2021, Regular Session.2.Consider the minutes of the August 10, 2021, Special Meeting.b.Interlocal Cooperation Agreement for Tax CollectionConsider an Interlocal Cooperation Agreement for Tax Collection between Denton Countyand the City of Sanger and authorizing the Mayor to execute the agreement. (Gray)c.Interlocal Agreement for Cooperative PurchasingConsider an Interlocal Cooperation Agreement for Cooperative Purchasing between the Cityof Sanger and the City of Glenn Heights, and authorizing the City Manager to execute theagreement.(Ciocan) 5.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA6.BOARD AND COMMISSION APPOINTMENTSConsider appointments to the 4A Industrial Development Corporation and 4B DevelopmentCorporation. (Bradshaw, Edwards)
7.PROPOSED TAX RATE AND SETTING PUBLIC HEARINGS ON TAX RATE AND
BUDGET
Consider Resolution 080921 to take a Record Vote specifying the proposed tax rate; establishing
the date, time, and place for the public hearings on the proposed 202122 budget and tax rate; and
providing for the publication as provided by the Texas Property Tax Code. (Gray)
8.PARTICIPATION IN DENTON COUNTY'S COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
Consider Resolution 081021 regarding City of Sanger participation in Denton County's
Community Development Block Grant for the three program year period, Fiscal Year 2023 through
Fiscal Year 2025. (Ciocan)
9.AUTHORIZING A REQUEST FOR PROPOSAL
Consider authorizing Staff to submit a Request for Proposals to relocate the electric utilities
associated with the IH35 / FM 455 Expansion Project. (Prater)
10.FM 455 UTILITY RELOCATION TXDOT STANDARD UTILITY AGREEMENT
(ELECTRIC)
Consider a Standard Utility Agreement for Electric Utility relocation associated with the FM 455
Expansion Project, and authorizing the Mayor to execute the agreement and approve any
subsequent amendments and further authorizing the City Manager to issue a Notice to Proceed.
(Prater)
11.FM 455 UTILITY RELOCATION AWARD OF CONTRACT
Consider awarding a bid and approving a contract with Quality Excavation, LLC for the FM 455/IH
35 Utility Relocation Project; and, authorizing the Mayor to execute the agreement, and further
authorizing the City Manager to issue a Notice to Proceed contingent upon receiving all contract
documentation and TxDOT executing the Standard Utility Agreements. (LaPiene/Bolz)
12.FM 455 UTILITY RELOCATION DANNENBAUM PSA ADDENDUM 5
Consider approving and authorizing the Mayor to execute Addendum 5 to the Engineering Contract
with Dannenbaum Engineering Company, Dallas LLC for FM 455 Water and Wastewater Utilities
Relocations. (LaPiene/Bolz)
13.INFORMATION ITEMS:
a.ATMOS RATE FILING RIDER GCR
14.FUTURE AGENDA ITEMS:
(The purpose of this item is to allow the Mayor and members of Council to bring forward items they
wish to discuss at a future meeting, A Council Member may inquire about a subject for which notice
has not been given. A statement of specific factual information or the recitation of existing policy may
be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a
subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Council
or at the call of the Mayor).
15.ADJOURN.
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the
City Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place
convenient and readily accessible to the general public at all times. Said notice was posted on the
following date and time, and remained posted continuously for at least 72 hours prior to the
scheduled time of said meeting and shall remain posted until meeting is adjourned.
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AGENDACITY COUNCIL REGULAR MEETINGMONDAY, AUGUST 16, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXAS1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.2.CITIZEN INPUT:(Citizens are allowed 3 minutes to speak. The City Council is unable to respond or discuss any issuesbrought up during this section.)3.SPECIAL PRESENTATIONS AND ANNOUNCEMENTS(Mayoral proclamations, presentations of awards and certificates, and other acknowledgements ofsignificant accomplishments or service to the community.)a.United Way of Denton County Live United Month4.CONSENT AGENDA:a.Approval of Minutes1.Consider the minutes of the August 2, 2021, Regular Session.2.Consider the minutes of the August 10, 2021, Special Meeting.b.Interlocal Cooperation Agreement for Tax CollectionConsider an Interlocal Cooperation Agreement for Tax Collection between Denton Countyand the City of Sanger and authorizing the Mayor to execute the agreement. (Gray)c.Interlocal Agreement for Cooperative PurchasingConsider an Interlocal Cooperation Agreement for Cooperative Purchasing between the Cityof Sanger and the City of Glenn Heights, and authorizing the City Manager to execute theagreement.(Ciocan) 5.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA6.BOARD AND COMMISSION APPOINTMENTSConsider appointments to the 4A Industrial Development Corporation and 4B DevelopmentCorporation. (Bradshaw, Edwards)7.PROPOSED TAX RATE AND SETTING PUBLIC HEARINGS ON TAX RATE ANDBUDGETConsider Resolution 080921 to take a Record Vote specifying the proposed tax rate; establishingthe date, time, and place for the public hearings on the proposed 202122 budget and tax rate; andproviding for the publication as provided by the Texas Property Tax Code. (Gray)8.PARTICIPATION IN DENTON COUNTY'S COMMUNITY DEVELOPMENT BLOCKGRANT PROGRAMConsider Resolution 081021 regarding City of Sanger participation in Denton County'sCommunity Development Block Grant for the three program year period, Fiscal Year 2023 throughFiscal Year 2025. (Ciocan)9.AUTHORIZING A REQUEST FOR PROPOSALConsider authorizing Staff to submit a Request for Proposals to relocate the electric utilitiesassociated with the IH35 / FM 455 Expansion Project. (Prater)10.FM 455 UTILITY RELOCATION TXDOT STANDARD UTILITY AGREEMENT(ELECTRIC)Consider a Standard Utility Agreement for Electric Utility relocation associated with the FM 455Expansion Project, and authorizing the Mayor to execute the agreement and approve anysubsequent amendments and further authorizing the City Manager to issue a Notice to Proceed.(Prater)11.FM 455 UTILITY RELOCATION AWARD OF CONTRACTConsider awarding a bid and approving a contract with Quality Excavation, LLC for the FM 455/IH35 Utility Relocation Project; and, authorizing the Mayor to execute the agreement, and furtherauthorizing the City Manager to issue a Notice to Proceed contingent upon receiving all contractdocumentation and TxDOT executing the Standard Utility Agreements. (LaPiene/Bolz)12.FM 455 UTILITY RELOCATION DANNENBAUM PSA ADDENDUM 5Consider approving and authorizing the Mayor to execute Addendum 5 to the Engineering Contractwith Dannenbaum Engineering Company, Dallas LLC for FM 455 Water and Wastewater UtilitiesRelocations. (LaPiene/Bolz)13.INFORMATION ITEMS:a.ATMOS RATE FILING RIDER GCR14.FUTURE AGENDA ITEMS:(The purpose of this item is to allow the Mayor and members of Council to bring forward items theywish to discuss at a future meeting, A Council Member may inquire about a subject for which noticehas not been given. A statement of specific factual information or the recitation of existing policy maybe given. Any deliberation shall be limited to a proposal to place the subject on an agenda for asubsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Councilor at the call of the Mayor).15.ADJOURN.I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on theCity Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a placeconvenient and readily accessible to the general public at all times. Said notice was posted on thefollowing date and time, and remained posted continuously for at least 72 hours prior to the
scheduled time of said meeting and shall remain posted until meeting is adjourned.
August 12, 2021 at 5:00 PM
Kelly Edwards, City Secretary
City of Sanger, Texas
Date/Time Posted
This facility is wheelchair accessible and accessible parking spaces are available. Requests for additional
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City
Secretary's office at (940) 4587930 for further information.
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 3.a.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
United Way of Denton County Live United Month
AGENDA TYPE: Regular
ACTION REQUESTED: Proclamation
BACKGROUND:
N/A
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
N/A
ATTACHMENTS:
Description Upload Date Type
United Way Proclamation 2021 8/10/2021 Cover Memo
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PROCLAMATION
United Way of Denton County
WHEREAS, United Way of Denton County has been identifying Denton County’s
needs and responding to them for over 68 years; and
WHEREAS, United Way of Denton County is unparalleled in the power to assemble
partners, providers, and resources to address the needs of neighbors in crisis; and
WHEREAS, United Way of Denton County works with a network of nonprofits across
Denton County to address a variety of needs, including feeding those who face food
insecurity; preparing children for success in school, work, and life; and connecting
those in crisis with resources to pay bills, stay in their homes, and find employment;
and
WHEREAS, United Way of Denton County remains committed more than ever before
to bring people together to help our communities recover, rebuild and thrive;
NOW, THEREFORE, I, Thomas E. Muir, Mayor of the City of Sanger, on behalf of the
entire City Council hereby declare the month of September 2021 to:
LIVE UNITED
and ask you to join United Way of Denton County in calling on all residents of the
City of Sanger to LIVE UNITED.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Sanger to be affixed this 16th day of August 2021.
____________________________
Thomas E. Muir, Mayor
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. a.1.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
Consider the minutes of the August 2, 2021, Regular Session.
AGENDA TYPE: Consent Agenda
ACTION REQUESTED: Approval
BACKGROUND:
N/A
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Approve the minutes from the August 2, 2021, Regular Session.
ATTACHMENTS:
Description Upload Date Type
08022021 CC Minutes 8/13/2021 Cover Memo
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MINUTES
CITY COUNCIL REGULAR
MEETING MONDAY,
AUGUST 2, 2021
7:00 PM
HISTORIC CHURCH BUILDING
403 N 7TH STREET, SANGER, TEXAS
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir, Mayor Pro Tem Gary Bilyeu, Councilmembers: Victor Gann,
Marissa Barrett, and Dennis Dillon.
COUNCIL MEMBERS ABSENT:
Councilmember Allen Chick
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Attorney Hugh
Coleman, City Secretary Kelly Edwards, Court Administrator/Deputy City Secretary
Christy Dyer, Director of Finance Clayton Gray, City Engineer Tracy LaPiene, Director of
Public Works Jim Bolz, and Social Media Manager Laura Klenke.
1. Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.
Mayor Muir called the Regular Session to order at 7:00 p.m.
The invocation given by Councilmember Dillion the Pledge of Allegiance was led by
Councilmember Gann.
2. CITIZEN INPUT:
No one addressed the Council.
3. CONSENT AGENDA:
a. Approval of Minutes
1. Consider the minutes of the July 19, 2021, Work Session.
2. Consider the minutes of the July 19, 2021, Regular Session.
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b. Resolution #08-07-21 Closing a Bank Account
Consider approval of Resolution #08-07-21 Authorizing the Closure of a Bank
Account.
Motion made by Councilmember Bilyeu to approve the consent agenda as presented.
Councilmember Dillion seconded the motion. Motion passed unanimously.
4. Consider Any Items Removed from Consent Agenda.
None.
REGULAR AGENDA
5. A&E Pet Haven - SUP
Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 08-17-21
Regarding a Specific Use Permit for a Kennel Facility at 304 Acker Street, Ste 105;
Generally Located on the East Side of Acker Approximately 230 Feet North of Pecan
Street. (Hammonds)
Mayor Muir opened the Public Hearing 7:04 p.m.
Director Hammonds provided an overview of the previous approval of the Specific Use
Permit for a four-year period and stated the Planning & Zoning Commission
recommended approval of the new permit for a five year period.
Shellie Wallace, DVM applicant, stated that business was increasing with people
traveling more frequently.
Mayor Muir closed the Public Hearing 7:07 p.m.
Motion made by Councilmember Bilyeu to approve Ordinance # 08- 17- 21 regarding a
Specific Use Permit for a Kennel Facility at 304 Acker Street, Ste 105. Councilmember
Barrett seconded the motion. Motion passed unanimously.
Mayor Muir moved to items 12 and 13 of the agenda.
6. Resolution #08-06-21 Changing Bank Signatories
Approval of Resolution #08-06-21 Authorizing a Change of Authorized Bank
Signatories. (Gray) Director Gray provided an overview of the resolution.
Motion made by Councilmember Dillion to approve Resolution #08- 06- 21 authorizing a
change of authorized bank signatories. Councilmember Gann seconded the motion.
Motion passed unanimously.
7. Street Rehab 2021
Consider, Discuss and Act on Authorization to Utilize the Interlocal Purchasing
Agreement with the City of Grand Prairie for Contract with Reynolds Asphalt &
Construction Company for Street Reconstruction of 3rd Street from Peach Street to FM
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455, 4th Street from Elm Street to FM 455, Plum Street from 5th Street to 2nd Street,
and Elm Street from 5th Street to 2nd Street for an amount not to exceed $205,692.
(Bolz)
Director Bolz provided an overview of the reconstruction of the streets.
Discussion ensued regarding the pricing provided by Reynolds for the reconstruction.
Motion made by Councilmember Bilyeu to approve utilizing the Interlocal Purchasing
Agreement with the City of Grand Prairie for a contract with Reynolds Asphalt &
Construction Company for Street reconstruction of 3rd Street from Peach Street to FM
455, 4th Street from Elm Street to FM 455, Plum Street from 5th Street to 2nd Street,
and Elm Street from 5th Street to 2nd Street for an amount not to exceed $205,692.
Councilmember Barrett seconded the motion. Motion passed unanimously.
8. Melinda Myrl Street Repair
Consider, Discuss, and Possibly Approve the Regrading and Paving of Melinda Myrl by
Reynolds Asphalt and Construction Company in an Amount Not to Exceed $81,442.
(Bolz)
Director Bolz provided an overview of the item and the repairs to Steve Court.
Discussion ensued regarding residents’ drainage concerns, creating a gradual channel for
the water, and addressing the cul-de-sacs in the future.
Motion made by Councilmember Bilyeu to approve the regrading and paving of
Melinda Myrl by Reynolds Asphalt and Construction Company in an amount
not to exceed $81,442. Councilmember Dillion seconded the motion. Motion passed
unanimously.
9. Steve Court Street Repairs
Consider, Discuss, and Possibly Approve the Replacement of the Cul-de-Sac of Steve
Court Using Martinez Brother Concrete and Landscaping, LLC in an Amount Not to
Exceed $49,152. (Bolz)
Motion made by Councilmember Bilyeu to approve the replacement of the Cul- de- Sac
on Steve Court using Martinez Brother Concrete and Landscaping, LLC in an
amount not to exceed $49,152. Councilmember Barrett seconded the motion.
Motion passed unanimously.
10. Emergency Contract with Mabak Directional Drilling
Consider, discuss, and act on Resolution 08-08-21, approving a contract with Mabak
Direction Drilling, Inc., for the Emergency Repair of a Sewer Line; making findings
of an Emergency Exempting the contract from the requirements of Competitive Bidding
Under Chapter 252 Of The Texas Local Government Code. (Bolz)
Director Bolz provided an overview item. He stated that they could not bore under the
street to complete the repair due the grade necessary to maintain the gravity flow of the line.
Motion made by Councilmember Barrett to approve Resolution 08- 08- 21, approving
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a contract with Mabak Direction Drilling, Inc., for the emergency repair of a sewer
line. Councilmember Dillion seconded the motion. Motion passed unanimously.
11. Budget Amendment - Ordinance #08-16-21
Consider, Discuss and Act on Ordinance #08-16-21, Amending Ordinance
#09-24-20, Which Will Amend the Budget For The Fiscal Year 2020-2021 And
Authorizing Amended Expenditures as Provided. (Gray)
Director Gray provided an overview of amendment appropriating funds for the costs
of item 8 through 10 of the agenda, excluding any amounts that were approved in the
current budget.
Motion made by Councilmember Bilyeu to approve Ordinance #08-16- 21, Amending
Ordinance #09 24 20, which will amend the Budget for the Fiscal Year 2020- 2021 and
authorizing amended expenditures as provided. Councilmember Gann seconded the
motion. Motion passed unanimously.
12. FM 455 Utility Relocation - TXDOT Standard Utility Agreement (Water)
Consider, Discuss and Possibly Act on Approving a Standard Utility Agreement for
Water Utility Relocation Associated with the FM 455 Utility Relocation Project, and
Authorizing the Mayor to Execute Agreement and Approve Any Subsequent
Amendments. (LaPiene)
Director LaPiene provided an overview of agreements.
Danny Everett and Bart Hines, Dannenbaum Engineering provided an overview of the
process for reimbursement with TxDOT.
Discussion ensued regarding the letting date of the construction for FM 455 and I-35,
planned improvements/betterments during the relocation, two additional agreements for
the relocation of utilities for I-35 and the process for pay applications.
Motion made by Councilmember Bilyeu to approve a Standard Utility Agreement with
TxDOT for Water Utility relocation associated with the FM 455 Utility Relocation
Project for the lowering and/or relocation of water lines and crossings from station
182+00 to 308+00 which is in response to the widening of FM 455 from just west of FM
2450 to just east of Marion Road, and authorizing the Mayor to execute the agreement
and approve any subsequent amendments. Councilmember Dillion seconded the motion.
Motion passed unanimously.
13. FM 455 Utility Relocation - TXDOT Standard Utility Agreement (Sewer)
Consider, Discuss and Possibly Act on Approving a Standard Utility Agreement for
Sewer Utility Relocation Associated with the FM 455 Utility Relocation Project, and
Authorizing the Mayor to Execute Agreement and Approve Any Subsequent Amendments.
(LaPiene)
Motion made by Councilmember Bilyeu to approve a Standard Utility Agreement for Sewer
Utility relocation associated with the FM 455 Utility Relocation Project for the lowering
and/or relocation of water lines and crossings from station 182+00 to 308+00 which is in
response to the widening of FM 455 from just west of FM 2450 to just east of Marion
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Road, and authorizing the Mayor to execute the agreement and approve any subsequent
amendments. Councilmember Gann seconded the motion. Motion passed unanimously.
Mayor Muir moved back to item 6 of the agenda.
14. Proposed Engagement Agreement
Consider, Act and Approve the City Manger to execute an Engagement Agreement to hire
Alagood, Cartwright, Burke to represent and assist the City of Sanger in acquiring
real property and or easements through condemnation or other means. (Coleman)
Attorney Coleman provided an overview of the agreement with the law firm.
Motion made by Councilmember Bilyeu to authorize the City Manger to execute an
Engagement Agreement to hire Alagood, Cartwright, Burke to represent and assist the City
of Sanger in acquiring real property and or easements through condemnation or other
means. Councilmember Barrett seconded the motion. Motion passed unanimously.
15. INFORMATION ITEMS:
a. GFOA Distinguished Budget Presentation Award
Mayor Muir acknowledge the achievement receiving the 4th award from GFOA.
b. Monthly Financial Report - June 30, 2021
c. Capital Projects Recap - July 26, 2021
d. Joint Board Meeting
A future Joint Board Meeting to discuss the Comprehensive Plan and Economic
Development Incentive Policy.
Assistant City Manager Ciocan provided an overview of the proposed joint meeting
discussion to include 4B, 4B, and the Planning & Zoning Commission
Council selected the date of September 8, 2021, with the meeting beginning at 5:30
p.m.
16. EXECUTIVE SESSION:
a. Texas Government Code Section 551.071 – Consultation with Attorney
(1) when the governmental body seeks the advice of its attorney about: (A)
pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts
with this chapter.
A. Notice of Claim from Michael Burrow
B. Notice of Claims from McCathern, Shokouhi, Evans & Grinke
b. Texas Government Code Section 551.074 – Personnel Matters
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Receive information and deliberate regarding the duties and responsibilities of a City
officer or employee - City Attorney
Mayor Muir read the items for Executive Session and the Council convened into Executive
Session at 8:25 p.m.
17. RECONVENE: OPEN MEETING:
Mayor Muir and the Council reconvened into open session at 9:05 p.m. No action taken
from executive session.
18. FUTURE AGENDA ITEMS:
Provide an update regarding the signage for Trail Dust.
19. ADJOURN.
There being no further business, Mayor Muir adjourned the meeting at 9:07 p.m.
_____________________________
Thomas E. Muir, Mayor
_______________________________
Kelly Edwards, City Secretary
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. a.2.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
Consider the minutes of the August 10, 2021, Special Meeting.
AGENDA TYPE: Consent Agenda
ACTION REQUESTED: Approval
BACKGROUND:
N/A
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Approve the minutes of the August 10, 2021, Special Meeting.
ATTACHMENTS:
Description Upload Date Type
08102021 CC Minutes 8/11/2021 Cover Memo
Page 13
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MINUTES
CITY COUNCIL SPECIAL
MEETING TUESDAY,
AUGUST 10, 2021
6:00 PM
HISTORIC CHURCH BUILDING
403 N 7TH STREET, SANGER, TEXAS
COUNCIL MEMBERS PRESENT:
Mayor Thomas Muir, Mayor Pro Tem Gary Bilyeu, Councilmembers: Victor Gann, Marissa
Barrett, Allen Chick, and Dennis Dillon.
COUNCIL MEMBERS ABSENT:
None.
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly
Edwards, Director of Public Works Jim Bolz, and Director of Electric Department Mike Prater.
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor Muir called the Regular Session to order at 7:00 p.m.
The invocation given by Councilmember Bilyeu the Pledge of Allegiance was led by
Councilmember Gann.
2. CITIZEN INPUT:
No one addressed the Council.
REGULAR AGENDA
3. Presentation on FM 455 / IH-35
Presentation and Overview of the FM 455 / IH-35 Construction Project. (Dannenbaum
Engineering and City Staff)
Danny Everett, Dannenbaum Engineering provided an overview the I-35 / FM 455
Expansion Project.
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Discussion ensued regarding of the process for reimbursement with TxDOT, the letting
date of the construction, bridge work, phasing/segments of construction, the railroad
crossing, Council input regarding the traffic pattern during construction, mowing and
signage within the project area, the pedestrian bridge, driveway access along FM 455,
and the number of exit ramps on I-35 into Sanger.
4. FM 455 - IH 35 Utility Relocation - TXDOT Standard Utility Agreement (Water)
Consider, Discuss and Possibly Act on Approving a Standard Utility Agreement for
Water Utility Relocation Associated with ROW CSJ: 0195-02-080, the FM 455 Utility
Relocation Project, within the IH 35 Right-Of-Way, and Authorizing the Mayor to
Execute Agreement and Approve Any Subsequent Amendments. (LaPiene)
Danny Everett, Dannenbaum Engineering provided an overview of the reimbursement
summaries for items 4 and 5 regarding the utility relocation.
Motion made by Councilmember Bilyeu to approve an a Standard Utility Agreement
for Water Utility Relocation associated with ROW CSJ: 0195-02-080, the FM 455 Utility
Relocation Project, within the IH 35 right-of-way, and authorizing the Mayor to execute
agreement and approve any subsequent amendments. Councilmember Dillion seconded the
motion. Motion passed unanimously.
5. FM 455 - IH 35 Utility Relocation - TXDOT Standard Utility Agreement (Sewer)
Consider, Discuss and Possibly Act on Approving a Standard Utility Agreement for
Sewer Utility Relocation Associated with ROW CSJ: 0195-02-080, the FM 455
Utility Relocation Project, within the IH 35 Right-Of-Way, and Authorizing the Mayor to
Execute Agreement and Approve Any Subsequent Amendments. (LaPiene)
Motion made by Councilmember Bilyeu to approve an a Standard Utility Agreement
for Sewer Utility Relocation associated with ROW CSJ: 0195 02 080, the FM 455 Utility
Relocation Project, within the IH 35 right-of-way, and authorizing the Mayor to execute
agreement and approve any subsequent amendments. Councilmember Barrett seconded the
motion. Motion passed unanimously.
6. FUTURE AGENDA ITEMS:
No future agenda items.
7. ADJOURN.
There being no further business, Mayor Muir adjourned the meeting at 7:04 p.m.
_____________________________
Thomas E. Muir, Mayor
_______________________________
Kelly Edwards, City Secretary
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. b.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Clayton Gray, Finance Director
ITEM/CAPTION:
Interlocal Cooperation Agreement for Tax Collection
Consider an Interlocal Cooperation Agreement for Tax Collection between Denton County and the City of Sanger and
authorizing the Mayor to execute the agreement. (Gray)
AGENDA TYPE: Consent Agenda
ACTION REQUESTED: Approval
BACKGROUND:
The Interlocal Cooperation Agreement for Property Tax Assessment and Collection between Denton County and the
City of Sanger allows Denton County to act as tax assessor and collector for the City. The City has had an agreement
in place with the County in prior years. The agreement has been updated with language required by legislative changes.
The effective date of the contract is October 1, 2021. The parcel fee for the 2021 tax year is $1.00 per parcel, which
is unchanged from prior years. This Agreement will renew automatically unless terminated by either party.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Approval.
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CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. b.AGENDA MEETING DATE: August 16, 2021TO: John Noblitt, City ManagerFROM: Clayton Gray, Finance DirectorITEM/CAPTION:Interlocal Cooperation Agreement for Tax CollectionConsider an Interlocal Cooperation Agreement for Tax Collection between Denton County and the City of Sanger andauthorizing the Mayor to execute the agreement. (Gray)AGENDA TYPE: Consent AgendaACTION REQUESTED: Approval BACKGROUND:The Interlocal Cooperation Agreement for Property Tax Assessment and Collection between Denton County and theCity of Sanger allows Denton County to act as tax assessor and collector for the City. The City has had an agreementin place with the County in prior years. The agreement has been updated with language required by legislative changes.The effective date of the contract is October 1, 2021. The parcel fee for the 2021 tax year is $1.00 per parcel, whichis unchanged from prior years. This Agreement will renew automatically unless terminated by either party. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:Approval.
ATTACHMENTS:
Description Upload Date Type
Letter of Explanation from Denton County Tax Assessor/Collector 8/4/2021 Cover Memo
Interlocal Cooperation Agreement for Property Tax Assessment and
Collection 8/4/2021 Cover Memo
Page 17
DENTON COUNTY
Office of
Michelle French, P.C.C.
Tax Assessor/Collector
1505 E. McKinney St.
Denton, TX 76209
July 7, 2021
Dear Taxing Entities,
The 2021 Denton County Interlocal Collection Agreement (I.L.A.) is now finalized for issuance. As you know, we notified all
taxing entities earlier in the year that the parcel fee for the 2021 tax year is $1.00 per parcel.
Due to several legislative changes, we have updated the Interlocal Collection Agreement. It will still be considered a multi-
year contract; however, we needed to update the I.L.A. accordingly. We have also updated language referring to timelines and
actions taken by our office for truth in taxation calculation services.
The Agreement will renew automatically unless terminated by either party. The annual parcel fee will continue to be analyzed
annually and submitted to you by separate notice.
The Interlocal Agreement is to be submitted to the Denton County Tax Office no later than September 7, 2021. This will
provide the necessary time to add the Agreement to the Denton County Commissioners Court Agenda to be properly executed
prior to October 1, 2021.
We are providing the Agreement in form-fillable PDF format for your convenience.
1. The Agreement must be submitted to our office in triplicate.
2. Please print three (3) copies of the completed Agreement and have all copies signed by the appropriate person
in your entity.
3. Failure to submit three (3) originally signed Agreements may delay processing through Commissioners Court.
Municipalities that have approved the creation of a Public Improvement District (PID) must complete the Public Improvement
District Agreement. The proper Agreement will be dependent on whether the PID is a rate based or fixed lien assessment
district. Please feel free to contact our office should you have questions about which district Agreement you may need to
complete.
The address to mail the completed Agreements is as follows:
Office of Michelle French
Denton County Tax Assessor/Collector
P.O. Box 90223
Denton, TX 76202
Attn: Michelle French or Stacey Dvoracek
The physical address is as follows:
Office of Michelle French Denton County Tax Assessor/Collector
1505 E. McKinney Street
Denton, TX 76209
Attn: Michelle French or Stacey Dvoracek
As always, our office is here to assist you with any questions or concerns. We thank you for allowing Denton County to
provide consolidated collections to your entity in order to better serve our mutual constituents.
Sincerely,
Michelle French
Denton County Tax Assessor/Collector
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THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR PROPERTY TAX
ASSESSMENT AND COLLECTION BETWEEN
DENTON COUNTY, TEXAS AND CITY/TOWN OF
_______________________________, TEXAS
INTERLOCAL COOPERATION AGREEMENT –TAX COLLECTION
THIS AGREEMENT is made and entered into by and between DENTON
COUNTY, a political subdivision of the State of Texas, hereinafter referred to as
"COUNTY," and ______________________________________________________,
Denton County, Texas, also a political subdivision of the State of Texas, hereinafter
referred to as "MUNICIPALITY."
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to
the provisions of Texas Government Code, Chapter 791 (the Interlocal Cooperation Act),
and Section 6.24 of the Texas Tax Code; and;
WHEREAS, MUNICIPALITY has the authority to contract with the COUNTY
for the COUNTY to act as tax assessor and collector for MUNICIPALITY and COUNTY
has the authority to so act.
NOW THEREFORE, COUNTY and MUNICIPALITY, for and in consideration
of the mutual promises, covenants, and agreements herein contained, do agree as follows:
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Throughout this Agreement, the term "Property Tax Code" means Title 1 of the
Texas Tax Code. Throughout this Agreement, the term "tax year" means the calendar year
in which the applicable tax lien attaches to the taxable property. The term "collection year"
refers to the period commencing on October 1st of the applicable tax year and continuing
through the end of the applicable term (September 30th of the following year), in which
collection and billing services are to be performed under this Agreement.
I.
The effective date of this Agreement shall be October 1, 2021. The initial term of
this Agreement shall be for a period of one year beginning on the effective date and ending
on, September 30, 2022. The initial term of the Agreement is for tax year 2021 property
tax rate calculation, billing and collection services. Following the initial term, this
Agreement shall automatically renew for subsequent one-year terms, unless written notice
of termination is provided by COUNTY or MUNICIPALITY no later than one hundred-
eighty (180) days prior to the expiration date of the then-current term of the Agreement. If
said notice is provided, this Agreement shall terminate at the end of the then-current term.
Each renewal term shall be for property tax rate calculation, billing and collection services
for the applicable tax year (the first renewal term will be for tax year 2022, the second
renewal terms for tax year 2023, etc.).
II.
For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for MUNICIPALITY to
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the maximum extent authorized by this Agreement, without regard to race, sex, religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor/collector, shall
serve as tax assessor/collector for MUNICIPALITY for ad valorem tax collection for the
tax year. COUNTY agrees to perform all necessary ad valorem assessing and collecting
duties for MUNICIPALITY and MUNICIPALITY does hereby expressly authorize
COUNTY to do and perform all acts necessary and proper to assess and collect taxes for
MUNICIPALITY. COUNTY agrees to collect base taxes, penalties, interest, and
attorney's fees.
2. COUNTY agrees to prepare and mail all current and delinquent tax
statements required by statute, supplemental changes for applicable property accounts, as
well as prepare and mail any other mailing as deemed necessary and appropriate by
COUNTY; provide daily, monthly and annual collection reports to MUNICIPALITY;
prepare tax certificates; develop and maintain both current and delinquent tax rolls,
disburse tax monies to MUNICIPALITY daily (business day) based on prior day tax
postings, approve and refund overpayment or erroneous payment of taxes for
MUNICIPALITY pursuant to Property Tax Code Chapter 31 from available current tax
collections of MUNICIPALITY; and to meet the requirements of Section 26.04 and
Chapter 42, Subchapter C and develop and maintain such other records and forms as are
necessary or required by State law, rules, or regulations. If daily disbursal is to be delayed,
COUNTY will notify MUNICIPALITY in the secured web entity folder the reason for
the delay.
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3. COUNTY further agrees that it will make for MUNICIPALITY the
property tax rate calculations required by Property Code Section 26.04 (currently identified
in the Section by the terms "no new revenue tax rate" and "voter-approval tax rate"), and
will do so in accordance with all requirements therein. All such rate calculations will be
performed using only the Texas State Comptroller’s “Truth In Taxation” formulas, and at
no additional cost to MUNICIPALITY. The information concerning the rate calculations
described in this Article II.3 and publications will be provided to MUNICIPALITY in the
form prescribed by the Comptroller of Public Accounts of the State of Texas, and as
required by Property Tax Code Chapter 26. MUNICIPALITY shall be responsible for
all publications as required by Chapter 26 . In the event MUNICIPALITY requires early
calculation based on certified estimate values, COUNTY will perform the tax rate
calculations described in this Article II.3. and provide the required publications to
MUNICIPALITY in the same manner as performing the tax rate calculations pursuant to
the annual appraisal district reports required to be Certified on July 25 of each tax year.
4. COUNTY agrees, upon request, to offer guidance and the necessary forms
for posting notices as required by Chapter 26 of the Property Tax Code if
MUNICIPALITY requests such no less than 7 days in advance of the intended publication
date. MUNICIPALITY must approve all calculations and notices, in the format required
by COUNTY and Property Tax Code Chapter 26. The accuracy and timeliness of all
required notices are the responsibility of MUNICIPALITY. COUNTY will update tax
transparency databases, as required in Property Tax Code Sections
26.17(b),(5A,B),(7),(12),(13) and 26.17(e)(2) with applicable Truth In Taxation
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worksheets and Notices. MUNICIPALITY is responsible for any other required
information posted on a tax transparency database. This Agreement is subject to and the
parties herein shall comply with all applicable provisions of the Property Tax Code and all
other applicable Texas statutes. COUNTY will submit to MUNICIPALITY approval
forms of the tax rate calculation and required notices. MUNICIPALITY must return
executed approval forms to tax assessor/collector as required by law and this agreement.
5. Should MUNICIPALITY vote to increase its tax rate above the statutory
voter approval limit (also known as the "rollback" or the "voter approval" rate), the required
publication of notices shall be the responsibility of the MUNICIPALITY. Should
MUNICIPALITY roll back the tax rate as a result of Tax Rate Election, the required
publication of notices shall be the responsibility of MUNICIPALITY.
6. COUNTY agrees to develop and maintain written policies and procedures
of its operation. COUNTY further agrees to make available full information about the
operation of the County Tax Office to MUNICIPALITY, and to promptly furnish written
reports to keep MUNICIPALITY informed of all financial information affecting it.
7. MUNICIPALITY agrees to promptly deliver to COUNTY all records that
it has accumulated and developed in the assessment and collection of taxes, and to
cooperate in furnishing or locating any other information and records needed by COUNTY
to perform its duties under the terms and conditions of this Agreement.
8. COUNTY agrees to allow an audit of the tax records of MUNICIPALITY
in COUNTY’S possession during normal working hours with at least 72 hours advance,
written notice to COUNTY. The expense of any and all such audits shall be paid by
MUNICIPALITY. A copy of any and all such audits shall be furnished to COUNTY.
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9. If required by MUNICIPALITY, COUNTY agrees to obtain a surety bond
for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful
performance of the tax assessor/collector’s lawful duties, will be made payable to
MUNICIPALITY and in an amount determined by the governing body of
MUNICIPALITY. The premium for any such bond shall be borne solely by
MUNICIPALITY.
10. COUNTY agrees that it will post a notice on its website, as a reminder that
delinquent tax penalties will apply to all assessed taxes that are not paid by January 31st of
the collection year.
11. COUNTY agrees that it will post to a secure website collection reports for
MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily
basis through September 30th of the collection year. COUNTY will provide monthly
Maintenance and Operation (hereinafter referred to as “MO”), and Interest and Sinking
(hereinafter referred to as “IS”) collection reports; provide monthly recap reports; and
provide monthly attorney fee collection reports.
12. MUNICIPALITY retains its right to select its own delinquent tax
collection attorney and COUNTY agrees to reasonably cooperate with the attorney
selected by MUNICIPALITY in the collection of delinquent taxes and related activities.
13. MUNICIPALITY will provide COUNTY with notice of any change in
collection attorney at least 7 days before the effective date of the new collection attorney
contract.
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III.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on
behalf of the County Tax Office and to serve as Liaison for COUNTY with
MUNICIPALITY. The County Tax Assessor/Collector, and/or his/her designated
substitute, shall ensure the performance of all duties and obligations of COUNTY; shall
devote sufficient time and attention to the execution of said duties on behalf of COUNTY
in full compliance with the terms and conditions of this Agreement; and shall provide
immediate and direct supervision of the County Tax Office employees, agents, contractors,
subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and
conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY.
IV.
COUNTY accepts responsibility for the acts, negligence, and/or omissions related
to property tax service of all COUNTY employees and agents, sub-contractors and/or
contract laborers, and for those actions of other persons doing work under a contract or
agreement with COUNTY to the extent allowed by law.
V.
MUNICIPALITY accepts responsibility for the acts, negligence, and/or omissions
of all MUNICIPALITY employees and agents, sub-contractors and/or contract laborers,
and for those of all other persons doing work under a contract or agreement with
MUNICIPALITY to the extent allowed by law.
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VI.
MUNICIPALITY understands and agrees that MUNICIPALITY, its employees,
servants, agents, and representatives shall at no time represent themselves to be employees,
servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees
that COUNTY, its employees, servants, agents, and representatives shall at no time
represent themselves to be employees, servants, agents, and/or representatives of
MUNICIPALITY.
VII.
For the services rendered during the tax year, MUNICIPALITY agrees to pay
COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as
follows:
1. The current tax statements will be mailed by October 10th of the tax year or
as soon thereafter as practical. The MUNICIPALITY must adopt its tax year tax rate on
or before September 30th of the applicable tax year, if that rate does not exceed the voter-
approval tax rate. MUNICIPALITY must adopt a tax rate that exceeds the voter-approval
tax rate not later than the deadline set forth in Property Tax Code Section 26.05(a) and
Election Code 3.005 and 41.001. In order to expedite mailing of tax statements,
MUNICIPALITY shall adopt and then deliver its adopted tax rate to COUNTY no later
than the applicable adoption deadline described herein. Failure by MUNICIPALITY to
adopt and then deliver the adopted tax rate to COUNTY by said applicable adoption
deadline may result in delay of processing and mailing MUNICIPALITY tax statements.
MUNICIPALITY agrees to assume the costs for additional delayed tax statements,
processing and mailing as determined by COUNTY. An additional notice will be sent
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during the month of March following the initial mailing provided that MUNICIPALITY
has requested such a notice on or before February 28th of the collection year. During the
initial term of this Agreement, the fee for this service will be $1.00 per statement. During
the first and second renewal terms of this Agreement, the fee for this service will be the
per statement rate approved by Commissioners Court for the applicable tax year, provided
notice of that rate is provided to MUNICIPALITY as described in Section 8 of this Article
VII. In the event COUNTY does not provide MUNICIPALITY with said notice, the rate
charged during the preceding term will apply.
2. At least 30 days, but no more than 60 days prior to April 1st of the collection
year and following the initial mailing, a delinquent tax statement meeting the requirements
of Section 33.11 of the Property Tax Code will be mailed to the owner of each parcel
having delinquent taxes.
3. At least 30 days, but no more than 60 days prior to July 1st of the collection
year and following the initial mailing, a delinquent tax statement meeting the requirements
of Section 33.07 of the Property Tax Code will be mailed to the owner of each parcel
having delinquent taxes.
4. For accounts that become delinquent on or after June 1st of the collection
year, COUNTY shall mail a delinquent tax statement meeting the requirements of Section
33.08 of the Property Tax Code to the owner of each parcel having delinquent taxes.
5. For accounts that become delinquent on February 1st of the tax year,
COUNTY, in its sole discretion, may mail a reminder notice to the owner of each parcel
having delinquent taxes not including February 33.11 notices.
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6. In event of a tax rate change resulting from a rollback or tax approval
election that takes place after tax bills for MUNICIPALITY have been mailed,
MUNICIPALITY agrees to pay COUNTY a programming charge of $5,000.00.
COUNTY, pursuant to Property Tax Code Section 26.07(f) or 26.075(j) will mail corrected
statements to the owner of each property. The fee for this service will be the same per
statement rate described in Section 1 of this Article VII. When a refund is required per
Property Tax Code Section 26.07(g) or 26.075(k) COUNTY will charge a $.25 processing
fee per check, in addition to the corrected statement mailing costs. Issuance of refunds, in
the event of a successful rollback election, will be the responsibility of the COUNTY.
MUNICIPALITY will be billed for the refunds, postage and processing fees.
7. MUNICIPALITY understands and agrees that COUNTY will, no later
than January 31st of the tax year, deduct from current collections of MUNICIPALITY the
"Total Cost" of providing all services described in Sections 1-5 above. This "Total Cost"
includes any such services that have not yet been performed at the time of deduction.
During the initial term of this Agreement, the "Total Cost" of providing all services
described in Sections 1-5 above shall be the total of: $1.00 (the "per parcel rate") x the total
number of parcels listed on MUNICIPALITY's preceding tax year Tax Roll on September
30th of the tax year. During the first and second renewal terms of this agreement, the "per
parcel rate" will be the per parcel rate approved by Commissioners Court for the applicable
tax year, provided notice of that rate is provided to MUNICIPALITY as described in
Sections 1 and 8 of this Article VII. In the event COUNTY does not provide
MUNICIPALITY with said notice, the per parcel rate charged during the preceding term
will apply.
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In the event that a rollback or tax rate approval election as described in Section 6
of this Article VII takes place, COUNTY shall bill MUNICIPALITY for the applicable
programming charge, check processing fees, refunds paid, and refund postage costs.
MUNICIPALITY shall pay COUNTY all billed amounts within 30 days of its receipt of
said bill. In the event costs for additional delayed tax statements, processing and mailing
are incurred as described in Section 1 of this Article VII, COUNTY shall bill
MUNICIPALITY for such amounts. MUNICIPALITY shall pay COUNTY all such
billed amounts within 30 days of its receipt of said bill.
8. The County Budget Office establishes collection rates annually based on
a survey of actual annual costs incurred by the County in performing tax collection
services. The collection rate for each tax year is approved by County Commissioners’
Court, and all entities are assessed the same per parcel collection rate. Following approval
of the collection rate for each tax year, COUNTY will, at least sixty (60) days prior to the
expiration date of the then-current term of this Agreement, provide MUNICIPALITY
with written notice of that rate.
VIII.
COUNTY agrees to remit all taxes, penalties, and interest collected on
MUNICIPALITY's behalf and to deposit such funds into the MUNICIPALITY’s
depositories, as designated:
1. For deposits of tax, penalties, and interest, payment shall be by wire transfer
or ACH to MUNICIPALITY's depository accounts only, and segregated into the
appropriate MO and IS accounts, as applicable, specified on the Direct Deposit
Authorization executed between the MUNICIPALITY and COUNTY. Only in the event
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of failure of electronic transfer protocol will a check for deposits of tax, penalty and interest
be sent by mail to MUNICIPALITY.
2.In anticipation of renewal of this Agreement, COUNTY further agrees that
deposits will be made daily through September 30th of the collection year. It is expressly
understood, however, that this obligation of COUNTY shall not survive termination of this
Agreement, whether by termination by either party or by failure of the parties to renew this
Agreement.
3.In event that COUNTY experiences shortage in collections as a result of an
outstanding tax debt of MUNICIPALITY, the MUNICIPALITY agrees a payment in the
amount of shortage shall be made by check or ACH to COUNTY within 15 days after
notification of such shortage. Failure to remit payment of shortage restricts release of
collected taxes until such time as payment is remitted
IX.
In the event of termination, the terminating party shall be obligated to make
such payments as are required by this Agreement through the balance of the tax year in
which notice is given. COUNTY shall be obligated to provide services pursuant to this
Agreement during such period.
X.
This Agreement represents the entire agreement between MUNICIPALITY and
COUNTY and supersedes all prior negotiations, representations, and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by the
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governing bodies of both MUNICIPALITY and COUNTY or those authorized to sign on
behalf of those governing bodies.
XI.
Any and all written notices required to be given under this Agreement shall be delivered
or mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone: 940-349-2820
MUNICIPALITY:
XII.
MUNICIPALITY hereby designates __________________________ to act on
behalf of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY to ensure the
performance of all duties and obligations of MUNICIPALITY as stated in this Agreement.
MUNICIPALITY’s designee shall devote sufficient time and attention to the execution
of said duties on behalf of MUNICIPALITY in full compliance with the terms and
conditions of this Agreement; shall provide immediate and direct supervision of the
MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers, if any,
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in the furtherance of the purposes, terms and conditions of this Agreement for the mutual
benefit of MUNICIPALITY and COUNTY.
XIII.
In the event that any portion of this Agreement shall be found to be contrary to law,
it is the intent of the parties that the remaining portions shall remain valid and in full force
and effect to the extent possible.
XIV.
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the parties.
Each party hereby certifies to the other that any resolutions necessary for this Agreement
have been duly passed and are now in full force and effect.
Executed in triplicate originals this, _____________ day of _________________
20______.
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Municipality ILA (2021)
COUNTY
BY:__________________________
Name: ________________________
Title: _________________________
ATTEST:
BY:__________________________
Name_________________________
Title__________________________
APPROVED AS TO FORM:
______________________________
Attorney Denton County
BY:___________________________
Honorable Andy Eads
County Judge
ATTEST:
BY:____________________________
Juli Luke
Denton County Clerk
APPROVED FORM AND CONTENT:
_______________________________
Michelle French
Tax Assessor/Collector
Page 15 of 15
Denton County Texas
110 West Hickory
Denton, Texas 76201
MUNICIPALITY
City/Town:
Street address:
City, state, zip:
Email:
Phone:
Page 33
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. c.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Alina Ciocan, Assistant City Manager
ITEM/CAPTION:
Interlocal Agreement for Cooperative Purchasing
Consider an Interlocal Cooperation Agreement for Cooperative Purchasing between the City of Sanger and the City of
Glenn Heights, and authorizing the City Manager to execute the agreement.(Ciocan)
AGENDA TYPE: Consent Agenda
ACTION REQUESTED: Approval
BACKGROUND:
The City of Glenn Heights has requested to enter into an Interlocal Agreement for Cooperative Purchasing with the City
of Sanger. The City of Glenn Heights has already authorized the agreement.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
Agreement was reviewed by the City Attorney.
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
Interlocal Agreement 8/10/2021 Backup Material
Page 34
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. c.AGENDA MEETING DATE: August 16, 2021TO: John Noblitt, City ManagerFROM: Alina Ciocan, Assistant City ManagerITEM/CAPTION:Interlocal Agreement for Cooperative PurchasingConsider an Interlocal Cooperation Agreement for Cooperative Purchasing between the City of Sanger and the City ofGlenn Heights, and authorizing the City Manager to execute the agreement.(Ciocan) AGENDA TYPE: Consent AgendaACTION REQUESTED: Approval BACKGROUND:The City of Glenn Heights has requested to enter into an Interlocal Agreement for Cooperative Purchasing with the Cityof Sanger. The City of Glenn Heights has already authorized the agreement.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:Agreement was reviewed by the City Attorney. FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends approval. ATTACHMENTS:
Description Upload Date Type
Interlocal Agreement 8/10/2021 Backup Material
Resolution City of Glenn Heights 8/10/2021 Exhibit
Page 35
INTERLOCAL COOPERATION AGREEMENT
FOR COOPERATIVE PURCHASING
This Interlocal Cooperation Agreement for Cooperative Purchasing, ("Agreement"),
is made by and between the City of Glenn Heights ("Glenn Heights"), a Texas home rule
municipality located in Dallas County, and the City of Sanger ("Sanger"), a Texas home rule
municipality located in Denton County, acting by and through their authorized officers. Glenn
Heights and Sanger are collectively referred to herein as "Parties" and individually as ''Party."
RECITALS:
WHEREAS, the Parties have each determined a need for a cooperative agreement to
purchase like goods and services to avoid duplication of procurement efforts and to obtain the
benefits of volume purchasing; and
WHEREAS, this Agreement establishing a cooperative purchasing agreement between
the Parties is authorized by Chapter 791 of the Texas Government Code (the "Interlocal
Cooperation Act" or "the Act") and Subchapter F, Chapter 271 of the Texas Local Government
Code; and
WHEREAS, TEX. Loe. Gov'T CODE §271.102 and TEX. Gov'T CODE §791.025
authorizes local governments (as defined in the Act) to participate in cooperative purchasing
programs with other local governments or local cooperative organizations; and
WHEREAS, a local government may satisfy the requirement to seek competitive bids
for the purchase of goods and materials pursuant to TEX. Loe. Gov'T CODE §271.102(c) and
TEX. Gov'T CODE §791.025(c) by utilizing a cooperative purchasing program with another local
government that has already competitively bid and satisfied the statutory requirements for the
purchases; and
WHEREAS, the Parties, each being a "local government" as defined in the Act, desire to
enter into a cooperative purchasing program which will allow each Party to purchase goods and
services under the other Party's competitively bid contracts pursuant to Subchapter F, Chapter
271 of the TEX. Loe. Gov'T CODE and TEX. Gov'T CODE §791.025.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the Parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to establish a cooperative purchasing agreement
between the Parties that will allow each Party to purchase goods and services under the other
Party's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the T EX. Loe.
Gov'T CODE and TEX. Gov'T CODE §791.025.
Page I City of Glenn Heights, Texas and City of Sanger, Texas
lnterlocal Cooperation Agreement for Cooperative Purchasing
Page 36
ARTICLE II
TERM
The term of this Agreement shall be for a period of one (1) year commencing on the
Effective Date. Thereafter, unless sooner terminated as provided herein, the term of this
Agreement shall automatically renew for s uccessive periods of one (1) year each pursuant to of
the TEX. Gov'T CODE §791.01 l(f), each renewal period being under the same terms and
conditions of this Agreement.
ARTICLE III
TERMINATION
Either Party may terminate this Agreement by providing written notice to the other Party
not later than thirty (30) days prior to the desired date of termination.
ARTICLE IV
PURCHASING
4.1 City Manager Authority: The City Manager or his/her designee for each Party 1s
authorized to act on behalf of the respective Party in all matters relating to this Agreement.
4.2 Vendor Consent to Cooperative Purchasing: Each Party that enters into a contract
with a vendor for goods and/or services shall attempt to obtain the vendor's agreement to offer
those goods and services to the other Party and other local governments for the same price and
on the same terms and conditions as have been offered to the first purchasing Party. If the vendor
so agrees, and if the second purchasing Party is agreeable to such terms and conditions, the
second purchasing Party may enter its own separate contract with the vendor for the purchase of
such goods or services. Execution of this Agreement does not obligate either Party to make any
purchase, to pay any membership fee, or to otherwise in any manner incur a cost or obligation.
4.3 Responsibility for Payments: Unless otherwise agreed between each Party's designated
representative, payments for a purchase made by the second purchasing Party shall be paid
directly to the vendor and not by the first purchasing Party. The second purchasing Party shall
have the responsibility of determining whether the vendor has complied with provisions in its
contract with vendor, including, but not limited to , those relating to the quality of items and
terms of delivery, and shall be responsible for enforcement of its contract against the vendor,
including all cost of e nforcement.
4.4 Current Funds: Each Party paying for the performance of governmental functions or
services shall make such payments from current revenues available to the paying Party and shall
be in amount that fairly compensates a vendor for their services or functions performed under a
contract entered into pursuant to this Agreement.
4.5 Exclusions: Pursuant to TEX. Gov'T CODE §791.0 l l(j), neither Party may purchase
construction-related goods or services pursuant to this Agreement in an amount greater than
$50,000 unless a person designated by either Party certifies in writing that:
Page 2 C ity of G lenn Heights, Texas and City of Sanger, Texas
Interlocal Cooperation Agreement for Coope rative Purchasing
Page 37
(a) the project for which the constrnction-related goods or services are being
procured does not require the preparation of plans and specifications under Chapter 1001
or 1051 of the Texas Occupations Code; or
(b) the plans and specifications required under Chapters 1001 and 1051 of the Texas
Occupations Code, have been prepared.
4.6 Freedom to Contract: Nothing in this Agreement shall prevent a Party from advertising
for and awarding contracts for goods or services separate and apart from this Agreement, nor
shall either Party be obligated to purchase goods or services from a contract awarded pursuant to
this Agreement.
ARTICLE V
MISCELLANEOUS
5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be
constrned as creating, a partnership, association, joint venture or trnst between the Pa1tes.
5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed
received (i) on the third business day after being deposited in with the U nited States Postal
Service, Postage Prepaid, Certified Mail, Return Receipt Requested, or (ii) upon delivery when
sent by hand-delivered or overnight courier, addressed to the respective Party at the address set
forth below the signature of the Party's authorized representative.
5 .3 Amendments: This Agreement may be amended only by written agreement signed by
both Parties.
5.4 Compliance with Federal, State, and Local Laws: This Agreement shall be subject to
all applicable federal, state, and local laws, ordinances, rules, and regulations .
5.5 Severability: In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
5.6 Governing Law; Venue: The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the parties, shall be governed by the laws of the
State of Texas; and venue for any action concerning this Agreement shall be in the State District
Court of Denton County, Texas.
5.7 Entire Agreement: This Agreement represents the entire agreement between the Parties
with respect to the subject matter covered by this Agreement. There is no other collateral, oral or
written agreement between the Parties that i n any manner relates to the subject matter of this
Agreement.
5.8 Recitals: The recitals to this Agreement are incorporated h er e in.
Page 3 C ity of Glenn Heights, Texas and City of Sanger, Texas
lnterloca l Cooperation Agreement for Cooperative Purchasing
Page 38
5.9 Counterparts: This Agreement may be signed in any number of identical counterparts,
each of which shall be deemed an original and constitute one and the same instnunent.
5.10 Approval by Governing Bodies: This Agreement has been duly passed anc. approved
by an ordinance or resolution of the governing bodies of the Parties.
5.11 Effective Date: This Agreement shall be Effective on the date it bears the signatures of
authorized representatives of both Parties, whether appearing on the same docun:ent or on
identical counterparts as authorized herein.
Signatures on Following Page
Page 4 City of G lenn Heights, Texas and City of Sanger, Texas
lnterlocal Cooperation Agreement for Cooperative Purchasing
Page 39
SIGNED AND AGREED this 3rd day of August, 2021.
ATTEST:
Brandi Brown, City Secretary
APPROVED AS TO FORM
~
Victoria W. Thomas. City Attorney
(07 1321 vwtTM 123517)
1938 S. Hampton Road
Glenn Heights, Texas 75154
SIGNED AND AGREED this __ day of _______ , 2021.
ATTEST:
Kelly Edwards, City Secretary
APPROVED AS TO FORM
Hugh Coleman, City Attorney
City of Sanger, Texas
By:
Jeriana Staton, Interim City Manager
City of Sanger
502 E lm Street
Sanger, Texas 76266
Page S City of Glenn Heights, Texas and C ity of Sanger, Texas
lnterlocal Coo peration Agreement for Coo perative Purc hasing
Page 40
RESOLUTION NO. R-27--01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLEN:'.'I
HEIGHTS, TEXAS APPPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEE:'.'I
THE CITY OF GLENN HEIGHTS AND THE CITY OF SANGER FOR
COOPERATIVE PURCHASING
WHEREAS, the City of Glenn Heights is authorized by state law to execute at: Interlocal
Agreement for Cooperative Purchasing; and
WHEREAS, the City of Glenn Heights wishes to enter into the Interlocal Agreement for
Cooperative Purchas ing with the Cit y of Sanger, Texas, attached hereto as Exh ibit II A; 11 and
WHEREAS, The City of Glenn Heights has budgeted sufficient funds to make the re qu ired
payments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GLENN
HEIGHTS, TEXAS:
SECTION 1. The fnterlocal Agreement Between the City of G lenn Heights and the City of Sanger
for Cooperative Purchasing is hereby approved and the City Manager is authorized to execute it, in
substantially the form of the agreement attac hed hereto as Exhibit "A" on behalf of the City, along with any
other related and necessary documents to provide effect to the Agreement.
SECTION 2. This resolution shall be effective from and after its passage.
DULY RESOLV ED AND ADOPTED by the C ity Counc il o f th e C ity of G len n He ights , Texas,
on this th e 3 rd day of Aug ust 20 2 1.
A PPROVED AS TO FORM:
-
Vi cton a . h orn , C ity Attorn ey
(07 132 1 vwtTM 1235 19)
CITY OF GLENN HEIGHTS, TEXAS
ATTEST:
Brandi Brown, C it y ~ecret ar y
RESOLUTION NO. R-27-21
Page 41
EXHIBIT "A"
[Interlocal Agreement to be attached here]
2
Page 42
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 6.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
BOARD AND COMMISSION APPOINTMENTS
Consider appointments to the 4A Industrial Development Corporation and 4B Development Corporation. (Bradshaw,
Edwards)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
City of Sanger Charter, Article X, Board Commission and Committees, Section 10.01, Authority The Council
shall create, establish, or appoint, as may be required by the laws of the State of Texas or this Charter, such
boards, commissions and committees as it deems necessary to carry out the functions and obligations of the City.
The Council shall prescribe the purpose, composition, functions, duties, accountability, and tenure of each board,
commission and committee, where such are not prescribed by law or this Charter.
The Council shall annually publish, during the months of April or May, the opportunity for the citizens of Sanger to
serve on boards or commissions.
Staff received applications from Mr. Christopher Kundrock for the 4A Board and Mr. William Lascor for the 4B
Board.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
Page 43
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 6.AGENDA MEETING DATE: August 16, 2021TO: John Noblitt, City ManagerFROM: Kelly Edwards, City SecretaryITEM/CAPTION:BOARD AND COMMISSION APPOINTMENTSConsider appointments to the 4A Industrial Development Corporation and 4B Development Corporation. (Bradshaw,Edwards)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:City of Sanger Charter, Article X, Board Commission and Committees, Section 10.01, Authority The Councilshall create, establish, or appoint, as may be required by the laws of the State of Texas or this Charter, suchboards, commissions and committees as it deems necessary to carry out the functions and obligations of the City.The Council shall prescribe the purpose, composition, functions, duties, accountability, and tenure of each board,commission and committee, where such are not prescribed by law or this Charter.The Council shall annually publish, during the months of April or May, the opportunity for the citizens of Sanger toserve on boards or commissions.Staff received applications from Mr. Christopher Kundrock for the 4A Board and Mr. William Lascor for the 4BBoard.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Appointment of the applicants.
ATTACHMENTS:
Description Upload Date Type
Kundrock, Christopher 4A Application 8/10/2021 Cover Memo
Lascor, William 4B Application 8/10/2021 Cover Memo
Page 44
BOARD AND COMMISSION APPLICATION
NAME:
DATE:
ADDRESS:
HOME PHONE:
BUSINESS PHONE:
CELL PHONE:
EMAIL:
OCCUPATION (IF RETIRED, DESCRIBE FORMER OCCUPATION OR PROFESSION):
PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES NO
IF YES, PLEASE DESCRIBE:
DESCRIBE WHY YOU ARE INTERESTED IN SERVING ON THE BOARD(S) AND/OR COMMISSION YOU SELECTED:
PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH “1” FOR FIRST PREFERENCE,
“2” FOR SECOND PREFERENCE, ETC. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE
CONSIDERED FOR.
PLANNING AND ZONING AND COMMISSION
BOARD OF ADJUSTMENT 4A BOARD – INDUSTRIAL DEVELOPMENT BOARD
PARKS AND RECREATION / KEEP SANGER
BEAUTIFUL BOARD 4B BOARD – DEVELOPMENT CORPORATION
LIBRARY BOARD OTHER
LIST ANY TRAINING, SKILLS, PROFESSIONAL KNOWLEDGE OR OTHER QUALIFICATIONS THAT MAY BE RELEVANT OR
HELPFUL IN CONSIDERING YOUR APPLICATION FOR THIS POSITION:
ARE YOU, OR A MEMBER OF YOUR FAMILY INVOLVED IN ANY BUSINESS TRANSACTION WITH THE CITY OF SANGER?
ARE YOU A QUALIFIED VOTER?
DO YOU UNDERSTAND THAT ATTENDANCE AND ACTIVE SUPPORT IS REQUIRED, IF APPOINTED? YES NO
SIGNATURE:_____________________________________ DATE:________________________________________
RETURN COMPLETED APPLICATION TO CITY SECRETARY AT CITY HALL OR EMAIL - citysecretary@sangertexas.org
YES NO
Christopher Kundrock 07/26/2021
5003 Villas Drive, Sanger TX 76266
940-297-0197
Chrisk
Supervisory Emergency Management Specialist, Federal Emergency Management Agency,
Region 6
N/A
The City of Sanger is a growing and vibrant city. In the short time I have lived in the City it is
apparent the city is doing great things. I would like to contribute my knowledge and expertise to
the city as a member of a committee. Economic development is important and the only way a city
grows and flourishes for years to come!
3 1
2
I have a background in Government, having worked at the local, State, and Federal levels. I hold a
Master’s degree in Emergency and Disaster Management. While my background isn’t necessarily in
economic development I feel I bring a good perspective and would bring value to any board or
commission I am appointed to.
No
✔
✕
✕
07/27/2021
Page 45
Page 46
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 7.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Clayton Gray, Finance Director
ITEM/CAPTION:
PROPOSED TAX RATE AND SETTING PUBLIC HEARINGS ON TAX RATE AND BUDGET
Consider Resolution 080921 to take a Record Vote specifying the proposed tax rate; establishing the date, time, and
place for the public hearings on the proposed 202122 budget and tax rate; and providing for the publication as
provided by the Texas Property Tax Code. (Gray)
AGENDA TYPE: Regular
ACTION REQUESTED: Resolution
BACKGROUND:
The City has received tax rate calculations from the Denton County Tax Assessor/Collector’s office for the coming year
and must set a proposed property tax rate for the upcoming year.
The nonewrevenue rate ($0.627643/$100) evaluates the relationship between current year taxes and
proposed taxes for next year if applied to the same properties in both years.
The voterapproval tax rate ($0.597770/$100) provides the same amount of tax revenue as last year plus a
3.5% increase for maintenance and operations.
The de minimis tax rate ($0.633711/$100) allows some relief to entities with a population less than 30,000 from
the 3.5% voterapproval rate. It adds an amount that would equal $500,000 in tax revenue to the voter
approval rate.
In accordance with Texas law, the City is required to vote to place a proposal for adoption of the budget and tax rate,
publish notices, and conduct public hearings. Public hearings on the 202122 budget and tax rate will be scheduled for
Tuesday, September 7, 2021 at 7:00 pm, which is a regular meeting date of the City Council.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
Page 47
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 7.AGENDA MEETING DATE: August 16, 2021TO: John Noblitt, City ManagerFROM: Clayton Gray, Finance DirectorITEM/CAPTION:PROPOSED TAX RATE AND SETTING PUBLIC HEARINGS ON TAX RATE AND BUDGETConsider Resolution 080921 to take a Record Vote specifying the proposed tax rate; establishing the date, time, andplace for the public hearings on the proposed 202122 budget and tax rate; and providing for the publication asprovided by the Texas Property Tax Code. (Gray)AGENDA TYPE: RegularACTION REQUESTED: Resolution BACKGROUND:The City has received tax rate calculations from the Denton County Tax Assessor/Collector’s office for the coming yearand must set a proposed property tax rate for the upcoming year.The nonewrevenue rate ($0.627643/$100) evaluates the relationship between current year taxes andproposed taxes for next year if applied to the same properties in both years. The voterapproval tax rate ($0.597770/$100) provides the same amount of tax revenue as last year plus a3.5% increase for maintenance and operations.The de minimis tax rate ($0.633711/$100) allows some relief to entities with a population less than 30,000 fromthe 3.5% voterapproval rate. It adds an amount that would equal $500,000 in tax revenue to the voterapproval rate. In accordance with Texas law, the City is required to vote to place a proposal for adoption of the budget and tax rate,publish notices, and conduct public hearings. Public hearings on the 202122 budget and tax rate will be scheduled forTuesday, September 7, 2021 at 7:00 pm, which is a regular meeting date of the City Council. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends the City set the tax rate at $0.633711/$100, which is the de minimis rate. A motion must be made to
set the proposed tax rate and a record vote must be taken.
ATTACHMENTS:
Description Upload Date Type
Resolution #080921 8/10/2021 Cover Memo
Tax Rate Calculations 8/10/2021 Cover Memo
Page 48
RESOLUTION #08-09-21
A RESOLUTION OF THE CITY OF SANGER TEXAS, TO TAKE A RECORD VOTE
SPECIFYING THE PROPOSED TAX RATE; ESTABLISHING THE DATE, TIME AND
PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED FY 2021-22 BUDGET AND
TAX RATE; AND PROVIDING FOR THE PUBLICATION AS PROVIDED BY THE
TEXAS PROPERTY TAX CODE.
WHEREAS, the City of Sanger has received the calculated effective tax rate information
as presented by the Denton County Tax Assessor/Collector’s Office;
WHEREAS, the proposed tax rate of $0.633711/$100 exceeds the no-new-revenue rate of
$0.627643/$100 and voter-approval tax rate of $0.597770/$100 and does not exceed the de
minimis rate of $0.633711/$100;
WHEREAS, a public hearing on the proposed budget and tax rate prior to its adoption is
required by Section 102.065 of the Texas Local Government Code and Section 9.04 of the City of
Sanger Charter; and
WHEREAS, any taxpayer of the City of Sanger may attend and participate in all such
hearings;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANGER, TEXAS THAT:
Section 1. That the findings set forth are hereby approved and adopted.
Section 2. That a Public Hearing on the Proposed Budget for FY 2021-22 and Tax
Rate is hereby set to be held on Tuesday, September 7, 2021 at 7:00 P.M. in the historic church
building located at 403 N 7th Street, Sanger, Texas 76266.
Section 3. That the City Secretary is directed to post and publish notice of the public
hearing on the budget as required by law.
Section 4. That the meeting at which this resolution was passed, was in compliance
with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 5. That this Resolution shall become effective after its passage.
Page 49
DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger,
Texas, on this 16th day of August, 2021.
APPROVED:
_____________________________
Thomas E. Muir, Mayor
ATTEST:
_____________________________
Kelly Edwards, City Secretary
Page 50
2021 Tax Rate Calculation Worksheet Date: 08/05/2021 11:29 AM
Taxing Units Other Than School Districts or Water Districts
CITY OF SANGER
Taxing Unit Name Phone (area code and number)
Taxing Unit's Address, City, State, ZIP Code Taxing Unit's Website Address
GENERAL INFORMATION: Tax Code Section 26.04(c) requires an officer or employee designated by the governing body to calculate the
No-New-Revenue (NNR) tax rate and Voter-Approval tax rate for the taxing unit. These tax rates are expressed in dollars per $100 of taxable
value calculated. The calculation process starts after the chief appraiser delivers to the taxing unit the certified appraisal roll and the estimated
values of properties under protest. The designated officer or employee shall certify that the officer or employee has accurately calculated the
tax rates and used values shown for the certified appraisal roll or certified estimate. The officer or employee submits the rates to the governing
body by Aug. 7 or as soon thereafter as practicable.
School districts do not use this form, but instead use Comptroller Form 50-859 Tax Rate Calculation Worksheet, School Districts without
Chapter 313 Agreements or Comptroller Form 50-884 Tax Rate Calculation Worksheet, School District with Chapter 313 Agreements.
Water districts as defined under Water Code Section 49.001(1) do not use this form, but instead use Comptroller Form 50-858 Water District
Voter-Approval Tax Rate Worksheet for Low Tax Rate and Developing Districts or Comptroller Form 50-860 Developed Water District Voter-
Approval Tax Rate Worksheet.
The Comptroller's office provides this worksheet to assist taxing units in determining tax rates. The information provided in this worksheet is
offered as technical assistance and not legal advice. Taxing units should consult legal counsel for interpretations of law regarding tax rate
preparation and adoption.
SECTION 1: No-New-Revenue Tax Rate
The NNR tax rate enables the public to evaluate the relationship between taxes for the prior year and for the current year based on a tax rate
that would produce the same amount of taxes (no new taxes) if applied to the same properties that are taxed in both years. When appraisal
values increase, the NNR tax rate should decrease.
The NNR tax rate for a county is the sum of the NNR tax rates calculated for each type of tax the county levies.
While uncommon, it is possible for a taxing unit to provide an exemption for only maintenance and operations taxes. In this case, the
taxing unit will need to calculate the NNR tax rate separately for the maintenance and operations tax and the debt tax, then add the two
components together.
No-New-Revenue Tax Rate Worksheet Amount/Rate
1. 2020 total taxable value. Enter the amount of 2020 taxable value on the 2020 tax roll
today. Include any adjustments since last year's certification; exclude Tax Code Section
25.25(d) one-fourth and one-third over-appraisal corrections from these adjustments.
Exclude any property value subject to an appeal under Chapter 42 as of July 25 (will add
undisputed value in Line 6). This total includes the taxable value of homesteads with tax
ceilings (will deduct in Line 2) and the captured value for tax increment financing
(adjustment is made by deducting TIF taxes, as reflected in Line 17).1
$778,500,979
2. 2020 tax ceilings. Counties, cities and junior college districts. Enter 2020 total taxable
value of homesteads with tax ceilings. These include the homesteads of homeowners age 65
or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling
provision in 2020 or a prior year for homeowners age 65 or older or disabled, use this step.2
$0
3. Preliminary 2020 adjusted taxable value. Subtract Line 2 from Line 1.$778,500,979
4. 2020 total adopted tax rate.$0.679100/$100
5. 2020 taxable value lost because court appeals of ARB decisions reduced 2020
appraised value.
A. Original 2020 ARB values:$60,937,039
Page 51
B. 2020 values resulting from final court decisions:
C. 2020 value loss. Subtract B from A.3
$54,911,914
$6,025,125
6. 2020 taxable value subject to an appeal under Chapter 42, as of July 25.
A. 2020 ARB certified value:
B. 2020 disputed value:
C. 2020 undisputed value. Subtract B from A.4
$921,000
$184,200
$736,800
7. 2020 Chapter 42 related adjusted values Add Line 5C and Line 6C.$6,761,925
8. 2020 taxable value, adjusted for actual and potential court-ordered adjustments.
Add Line 3 and Line 7.$785,262,904
9. 2020 taxable value of property in territory the taxing unit deannexed after Jan. 1,
2020. Enter the 2020 value of property in deannexed territory.5 $0
10. 2020 taxable value lost because property first qualified for an exemption in 2021. If
the taxing unit increased an original exemption, use the difference between the original
exempted amount and the increased exempted amount. Do not include value lost due to
freeport, goods-in-transit, temporary disaster exemptions. Note that lowering the amount or
percentage of an existing exemption in 2021 does not create a new exemption or reduce
taxable value.
A. Absolute exemptions. Use 2020 market value:
B. Partial exemptions. 2021 exemption amount or 2021 percentage exemption times 2020
value:
C. Value loss. Add A and B.5
$567,285
$1,438,500
$2,005,785
11. 2020 taxable value lost because property first qualified for agricultural appraisal
(1-d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport
special appraisal in 2021. Use only properties that qualified in 2021 for the first time; do
not use properties that qualified in 2020.
A. 2020 market value:
B. 2021 productivity or special appraised value:
C. Value loss. Subtract B from A.7
$0
$0
$0
12. Total adjustments for lost value. Add lines 9, 10C and 11C.$2,005,785
13. 2020 captured value of property in a TIF. Enter the total value of 2020 captured
appraised value of property taxable by a taxing unit in a tax increment financing zone for
which 2020 taxes were deposited into the tax increment fund.8 If the taxing unit has no
captured appraised value in line 18D, enter 0.
$0
14. 2020 total value. Subtract Line 12 and Line 13 from Line 8.$783,257,119
15. Adjusted 2020 total levy. Multiply Line 4 by Line 14 and divide by $100.$5,319,099
16. Taxes refunded for years preceding tax year 2020. Enter the amount of taxes refunded
by the taxing unit for tax years preceding tax year 2020. Types of refunds include court
$4,322
Page 52
decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11
payment errors. Do not include refunds for tax year 2020. This line applies only to tax years
preceding tax year 2020.8
17. Adjusted 2020 levy with refunds and TIF adjustment. Add Lines 15 and 16.10 $5,323,421
18. Total 2021 taxable value on the 2021 certified appraisal roll today. This value
includes only certified values or certified estimate of values and includes the total taxable
value of homesteads with tax ceilings (will deduct in Line 20). These homesteads include
homeowners age 65 or older or disabled.11
A. Certified values:
B. Counties: Include railroad rolling stock values certified by the Comptroller's office:
C. Pollution control and energy storage system exemption: Deduct the value of property
exempted for the current tax year for the first time as pollution control or energy storage
system property:
D. Tax increment financing: Deduct the 2021 captured appraised value of property taxable
by a taxing unit in a tax increment financing zone for which the 2021 taxes will be deposited
into the tax increment fund. Do not include any new property value that will be included in
Line 23 below.12
E. Total 2021 value. Add A and B, then subtract C and D.
$889,990,847
$0
$0
$0
$889,990,847
19. Total value of properties under protest or not included on certified appraisal roll.13
A. 2021 taxable value of properties under protest. The chief appraiser certifies a list of
properties still under ARB protest. The list shows the appraisal district's value and the
taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each of
the properties under protest, use the lowest of these values. Enter the total value under
protest.14
B. 2021 value of properties not under protest or included on certified appraisal roll.
The chief appraiser gives taxing units a list of those taxable properties that the chief
appraiser knows about, but are not included in the appraisal roll certification. These
properties also are not on the list of properties that are still under protest. On this list of
properties, the chief appraiser includes the market value, appraised value and exemptions for
the preceding year and a reasonable estimate of the market value, appraised value and
exemptions for the current year. Use the lower market, appraised or taxable value (as
appropriate). Enter the total value of property not on the certified roll.15
C. Total value under protest or not certified: Add A and B.
$9,673,703
$0
$9,673,703
20. 2021 tax ceilings. Counties, cities and junior colleges enter 2021 total taxable value of
homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older
or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision
in 2020 or a prior year for homeowners age 65 or older or disabled, use this step.16
$0
21. 2021 total taxable value. Add Lines 18E and 19C. Subtract Line 20.17 $899,664,550
22. Total 2021 taxable value of properties in territory annexed after Jan. 1, 2020. $0
Page 53
Include both real and personal property. Enter the 2021 value of property in territory
annexed.18
23. Total 2021 taxable value of new improvements and new personal property located
in new improvements. New means the item was not on the appraisal roll in 2020. An
improvement is a building, structure, fixture or fence erected on or affixed to land. New
additions to existing improvements may be included if the appraised value can be
determined. New personal property in a new improvement must have been brought into the
taxing unit after Jan. 1, 2020, and be located in a new improvement. New improvements do
include property on which a tax abatement agreement has expired for 2021.19
$51,504,262
24. Total adjustments to the 2021 taxable value. Add Lines 22 and 23.$51,504,262
25. Adjusted 2021 taxable value. Subtract Line 24 from Line 21.$848,160,288
26. 2021 NNR tax rate. Divide Line 17 by Line 25 and multiply by $100.20 $0.627643/$100
27. COUNTIES ONLY. Add together the NNR tax rates for each type of tax the county
levies. The total is the 2021 county NNR tax rate.21
1Tex. Tax Code Section 26.012(14) 13Tex. Tax Code Section 26.01(c) and (d)
2Tex. Tax Code Section 26.012(14) 14Tex. Tax Code Section 26.01(c)
3Tex. Tax Code Section 26.012(13) 15Tex. Tax Code Section 26.01(d)
4Tex. Tax Code Section 26.012(13) 16Tex. Tax Code Section 26.012(6)(b)
5Tex. Tax Code Section 26.012(15) 17Tex. Tax Code Section 26.012(6)
6Tex. Tax Code Section 26.012(15) 18Tex. Tax Code Section 26.012(17)
7Tex. Tax Code Section 26.012(15) 19Tex. Tax Code Section 26.012(17)
8Tex. Tax Code Section 26.03(c) 20Tex. Tax Code Section 26.04(c)
9Tex. Tax Code Section 26.012(13) 21Tex. Tax Code Section 26.04(d)
10Tex. Tax Code Section 26.012(13) 22Reserved for expansion
11Tex. Tax Code Section 26.012,26.04(c-2) 23Tex. Tax Code Section 26.044
12Tex. Tax Code Section 26.03(c) 24Tex. Tax Code Section 26.0441
Page 54
SECTION 2: Voter-Approval Tax Rate
The voter-approval tax rate is the highest tax rate that a taxing unit may adopt without holding an election to seek voter approval of the
rate. The voter-approval tax rate is split into two separate rates:
1.Maintenance and Operations (M&O) Tax Rate: The M&O portion is the tax rate that is needed to raise the same amount of
taxes that the taxing unit levied in the prior year plus the applicable percentage allowed by law. This rate accounts for such things
as salaries, utilities and day-to-day operations
2.Debt Rate: The debt rate includes the debt service necessary to pay the taxing unit's debt payments in the coming year. This rate
accounts for principal and interest on bonds and other debt secured by property tax revenue.
The Voter-Approval tax rate for a county is the sum of the Voter-Approval tax rates calculated for each type of tax the county levies. In
most cases the Voter-Approval tax rate exceeds the No-New-Revenue tax rate, but occasionally decreases in a taxing unit's debt service
will cause the NNR tax rate to be higher than the voter-approval tax rate.
Voter-Approval Tax Rate Worksheet Amount/Rate
28. 2020 M&O tax rate. Enter the 2020 M&O tax rate.$0.605456/$100
29. 2020 taxable value, adjusted for actual and potential court-ordered adjustments.
Enter the amount in Line 8 of the No-New-Revenue Tax Rate Worksheet.$785,262,904
30. Total 2020 M&O levy. Multiply Line 28 by Line 29 and divide by $100.$4,754,421
31. Adjusted 2020 levy for calculating NNR M&O rate.
A. M&O taxes refunded for years preceding tax year 2020 Enter the amount of M&O
taxes refunded in the preceding year for taxes before that year. Types of refunds include
court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11
payment errors. Do not include refunds for tax year 2020. This line applies only to tax years
preceding tax year 2020.
B. 2020 taxes in TIF Enter the amount of taxes paid into the tax increment fund for a
reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2021 captured
appraised value in Line 18D, enter 0.
C. 2020 transferred function. If discontinuing all of a department, function or activity and
transferring it to another taxing unit by written contract, enter the amount spent by the taxing
unit discontinuing the function in the 12 months preceding the month of this calculation. If
the taxing unit did not operate this function for this 12-month period, use the amount spent
in the last full fiscal year in which the taxing unit operated the function. The taxing unit
discontinuing the function will subtract this amount in D below. The taxing unit receiving
the function will add this amount in D below. Other taxing units enter 0.
D. 2020 M&O levy adjustments. Subtract B from A. For taxing unit with C, subtract if
discontinuing function and add if receiving function.
E. Add Line 30 to 31D.
$3,765
$0
$0
$3,765
$4,758,186
32. Adjusted 2021 taxable value. Enter the amount in Line 25 of the No-New-Revenue Tax
Rate Worksheet.$848,160,288
33. 2021 NNR M&O rate (unadjusted). Divide Line 31E by Line 32 and multiply by $100.$0.561000/$100
34. Rate adjustment for state criminal justice mandate.23
A. 2021 state criminal justice mandate: Enter the amount spent by a county in the
previous 12 months providing for the maintenance and operation cost of keeping inmates in
county-paid facilities after they have been sentenced. Do not include any state
reimbursement received by the county for the same purpose.
$0
Page 55
B. 2020 state criminal justice mandate: Enter the amount spent by a county in the 12
months prior to the previous 12 months providing for the maintenance and operation cost of
keeping inmates in county-paid facilities after they have been sentenced. Do not include any
state reimbursement received by the county for the same purpose. Enter zero if this is the
first time the mandate applies.
C. Subtract B from A and divide by Line 32 and multiply by $100.
D. Enter the rate calculated in C. If not applicable, enter 0.
$0
$0.000000/$100
$0.000000/$100
35. Rate adjustment for indigent health care expenditures.24
A. 2021 indigent health care expenditures: Enter the amount paid by a taxing unit
providing for the maintenance and operation cost of providing indigent health care for the
period beginning on July 1, 2020 and ending on June 30, 2021, less any state assistance
received for the same purpose.
B. 2020 indigent health care expenditures: Enter the amount paid by a taxing unit
providing for the maintenance and operation cost of providing indigent health care for the
period beginning on July 1, 2019 and ending on June 30, 2020, less any state assistance
received for the same purpose.
C. Subtract B from A and divide by Line 32 and multiply by $100.
D. Enter the rate calculated in C. If not applicable, enter 0.
$0
$0
$0.000000/$100
$0.000000/$100
36. Rate adjustment for county indigent defense compensation.25
A. 2021 indigent defense compensation expenditures: Enter the amount paid by a county
to provide appointed counsel for indigent individuals for the period beginning on July 1,
2020 and ending on June 30, 2021, less any state grants received by the county for the same
purpose.
B. 2020 indigent defense compensation expenditures:Enter the amount paid by a county
to provide appointed counsel for indigent individuals for the period beginning on July 1,
2019 and ending on June 30, 2020, less any state grants received by the county for the same
purpose.
C. Subtract B from A and divide by Line 32 and multiply by $100.
D.Multiply B by 0.05 and divide by Line 32 and multiply by $100.
E. Enter the lessor of C and D. If not applicable, enter 0.
$0
$0
$0.000000/$100
$0.000000/$100
$0.000000/$100
37. Rate adjustment for county hospital expenditures.26
A. 2021 eligible county hospital expenditures: Enter the amount paid by the county or
municipality to maintain and operate an eligible county hospital for the period beginning on
July 1, 2020 and ending on June 30, 2021.
B. 2020 eligible county hospital expenditures:Enter the amount paid by the county or
municipality to maintain and operate an eligible county hospital for the period beginning on
July 1, 2019 and ending on June 30, 2020.
$0
$0
Page 56
C. Subtract B from A and divide by Line 32 and multiply by $100.
D.Multiply B by 0.08 and divide by Line 32 and multiply by $100.
E. Enter the lessor of C and D, if applicable. If not applicable, enter 0.
$0.000000/$100
$0.000000/$100
$0.000000/$100
38. Rate adjustment for defunding municipality. This adjustment only applies to a
municipality that is considered to be a defunding municipality for the current tax year under
Chapter 109, Local Government Code. Chapter 109, Local Government Code only applies to
municipalities with a population of more than 250,000 and includes a written determination
by the Office of the Governor. See Tax Code 26.0444 for more information.
A. Amount appropriated for public safety in 2020. Enter the amount of money
appropriated for public safety in the budget adopted by the municipality for the preceding
fiscal year
B. Expenditures for public safety in 2020. Enter the amount of money spent by the
municipality for public safety during the preceding fiscal year.
C. Subtract B from A and divide by Line 32 and multiply by $100.
D. Enter the rate calculated in C. If not applicable, enter 0.
$0
$0
$0.000000/$100
$0.000000/$100
39. Adjusted 2021 NNR M&O rate. Add Lines 33, 34D, 35D, 36E, and 37E. Subtract Line
38D.$0.561000/$100
40. Adjustment for 2020 sales tax specifically to reduce property values. Cities, counties
and hospital districts that collected and spent additional sales tax on M&O expenses in 2020
should complete this line. These entities will deduct the sales tax gain rate for 2021 in
Section 3. Other taxing units, enter zero.
A. Enter the amount of additional sales tax collected and spent on M&O expenses in 2020, if
any. Counties must exclude any amount that was spent for economic development grants
from the amount of sales tax spent.
B. Divide Line 40A by Line 32 and multiply by $100.
C. Add Line 40B to Line 39.
$0
$0.000000
$0.561000
41. 2021 voter-approval M&O rate. Enter the rate as calculated by the appropriate
scenario below.
Special Taxing Unit. If the taxing unit qualifies as a special taxing unit, multiply Line 40C
by 1.08.
- or -
Other Taxing Unit. If the taxing unit does not qualify as a special taxing unit, multiply Line
40C by 1.035.
$0.580635/$100
D41. Disaster Line 41 (D41): 2021 voter-approval M&O rate for taxing unit affected by
disaster declaration. If the taxing unit is located in an area declared a disaster area and at
least one person is granted an exemption under Tax Code Section 11.35 for property located
in the taxing unit, the governing body may direct the person calculating the voter-approval
$0.000000/$100
Page 57
tax rate to calculate in the manner provided for a special taxing unit. The taxing unit shall
continue to calculate the voter-approval tax rate in this manner until the earlier of
1.the first year in which total taxable value on the certified appraisal roll exceeds the
total taxable value of the tax year in which the disaster occurred, or
2.the third tax year after the tax year in which the disaster occurred.
If the taxing unit qualifies under this scenario, multiply Line 40C by 1.08.27 If the taxing
unit does not qualify, do not complete Disaster Line 41 (Line D41).
42. Total 2021 debt to be paid with property taxes and additional sales tax revenue.
Debt means the interest and principal that will be paid on debts that:
(1) are paid by property taxes,
(2) are secured by property taxes,
(3) are scheduled for payment over a period longer than one year and
(4) are not classified in the taxing unit's budget as M&O expenses
A. Debt also includes contractual payments to other taxing units that have incurred debts on
behalf of this taxing unit, if those debts meet the four conditions above. Include only
amounts that will be paid from property tax revenue. Do not include appraisal district budget
payments. If the governing body of a taxing unit authorized or agreed to authorize a bond,
warrant, certificate of obligation, or other evidence of indebtedness on or after Sept. 1, 2021,
verify if it meets the amended definition of debt before including it here.28
Enter debt amount.
B. Subtract unencumbered fund amount used to reduce total debt.
C. Subtract certified amount spent from sales tax to reduce debt (enter zero if none)
D. Subtract amount paid from other resources.
E. Adjusted debt. Subtract B, C, and D from A.
$385,861
$10,000
$0
$212,500
$163,361
43. Certified 2020 excess debt collections. Enter the amount certified by the collector.28 $9,202
44. Adjusted 2021 debt. Subtract Line 43 from Line 42E.$154,159
45. 2021 anticipated collection rate.
A. Enter the 2021 anticipated collection rate certified by the collector:29
B. Enter the 2020 actual collection rate
C. Enter the 2019 actual collection rate
D. Enter the 2018 actual collection rate
E. If the anticipated collection rate in A is lower than actual collection rates in B, C and D,
enter the lowest collection rate from B, C and D. If the anticipated rate in A is higher than at
least one of the rates in the prior three years, enter the rate from A. Note that the rate can be
greater than 100%.31
100.00%
97.90%
99.86%
101.99%
100.00%
46. 2021 debt adjusted for collections. Divide Line 44 by Line 45E $154,159
47. 2021 total taxable value. Enter the amount on Line 21 of the No-New-Revenue Tax
Rate Worksheet.$899,664,550
48. 2021 debt tax rate. Divide Line 46 by Line 47 and multiply by $100.$0.017135/$100
Page 58
49. 2021 voter-approval tax rate. Add Lines 41 and 48.$0.597770/$100
D49. Disaster Line 49 (D49): 2021 voter-approval tax rate for taxing unit affected by
disaster declaration. Complete this line if the taxing unit calculated the voter-approval tax
rate in the manner provided for a special taxing unit on Line D41.
Add Line D41 and 48.
$0.000000/$100
50. COUNTIES ONLY. Add together the voter-approval tax rates for each type of tax the
county levies. The total is the 2021 county voter-approval tax rate.
23Tex. Tax Code Section 26.044 28Tex. Tax Code Section 26.012(7)
24Tex. Tax Code Section 26.0441 29Tex. Tax Code Section 26.012(10) and 26.04(b)
25Tex. Tax Code Section 26.0442 30Tex. Tax Code Section 26.04(b)
26Tex. Tax Code Section 26.0443 31Tex. Tax Code Section 26.04(h),(h-1) and (h-2)
27Tex. Tax Code Section 26.042(a)
Page 59
SECTION 3: NNR Tax Rate and Voter-Approval Tax Rate Adjustments for Additional Sales Tax to Reduce
Property Taxes
Cities, counties and hospital districts may levy a sales tax specifically to reduce property taxes. Local voters by election must approve
imposing or abolishing the additional sales tax. If approved, the taxing unit must reduce its NNR and voter-approval tax rates to offset the
expected sales tax revenue.
This section should only be completed by a county, city or hospital district that is required to adjust its NNR tax rate and/or voter-approval
tax rate because it adopted the additional sales tax.
Additional Sales and Use Tax Worksheet Amount/Rate
51. Taxable Sales. For taxing units that adopted the sales tax in November 2020 or May
2021, enter the Comptroller's estimate of taxable sales for the previous four quarters.20
Estimates of taxable sales may be obtained through the Comptroller's Allocation Historical
Summary webpage. Taxing units that adopted the sales tax before November 2020, enter 0.
$0
52. Estimated sales tax revenue. Counties exclude any amount that is or will be spent for
economic development grants from the amount of estimated sales tax revenue.33
Taxing units that adopted the sales tax in November 2020 or in May 2021. Multiply the
amount on Line 51 by the sales tax rate (.01, .005 or .0025, as applicable) and multiply the
result by .95.34
- or -
Taxing units that adopted the sales tax before November 2020. Enter the sales tax
revenue for the previous four quarters. Do not multiply by .95.
$0
53. 2021 total taxable value. Enter the amount from Line 21 of the No-New-Revenue Tax
Rate Worksheet.$899,664,550
54. Sales tax adjustment rate. Divide Line 52 by Line 53 and multiply by $100.$0.000000/$100
55. 2021 NNR tax rate, unadjusted for sales tax.35 Enter the rate from Line 26 or 27, as
applicable, on the No-New-Revenue Tax Rate Worksheet.$0.627643/$100
56. 2021 NNR tax rate, adjusted for sales tax.
Taxing units that adopted the sales tax in November 2020 or in May 2021.
Subtract Line 54 from Line 55. Skip to Line 57 if you adopted the additional sales tax before
November 2020.
$0.627643/$100
57. 2021 voter-approval tax rate, unadjusted for sales tax.36 Enter the rate from Line 49,
Line D49 (disaster), or Line 50 (counties), as applicable, of the Voter-Approval Tax Rate
Worksheet.
$0.597770/$100
58. 2021 voter-approval tax rate, adjusted for sales tax. Subtract Line 54 from Line 57.$0.597770/$100
31Reserved for expansion 34Tex. Tax Code Section 26.041(d)
32Tex. Tax Code Section 26.041(d) 35Tex. Tax Code Section 26.04(c)
33Tex. Tax Code Section 26.041(i) 36Tex. Tax Code Section 26.04(c)
Page 60
SECTION 4: Voter-Approval Tax Rate Adjustment for Pollution Control
A taxing unit may raise its rate for M&O funds used to pay for a facility, device or method for the control of air, water or land pollution.
This includes any land, structure, building, installation, excavation, machinery, equipment or device that is used, constructed, acquired or
installed wholly or partly to meet or exceed pollution control requirements. The taxing unit's expenses are those necessary to meet the
requirements of a permit issued by the Texas Commission on Environmental Quality (TCEQ). The taxing unit must provide the tax
assessor with a copy of the TCEQ letter of determination that states the portion of the cost of the installation for pollution control.
This section should only be completed by a taxing unit that uses M&O funds to pay for a facility, device or method for the control of air,
water or land pollution.
Voter-Approval Protection for Pollution Control Worksheet Amount/Rate
59. Certified expenses from the Texas Commission on Environmental Quality (TCEQ).
Enter the amount certified in the determination letter from TCEQ.37 The taxing unit shall
provide its tax assessor-collector with a copy of the letter.38
$0
60. 2021 total taxable value. Enter the amount from Line 21 of the No-New-Revenue Tax
Rate Worksheet.$899,664,550
61. Additional rate for pollution control. Divide Line 59 by Line 60 and multiply by $100.$0.000000/$100
62. 2021 voter-approval tax rate, adjusted for pollution control. Add Line 61 to one of
the following lines (as applicable): Line 49, Line D49 (disaster), Line 50 (counties) or Line
58 (taxing units with the additional sales tax).
$0.597770/$100
37Tex. Tax Code Section 26.045(d)
38Tex. Tax Code Section 26.045(i)
Page 61
SECTION 5: Voter-Approval Tax Rate Adjustment for Unused Increment Rate
The unused increment rate is the rate equal to the difference between the adopted tax rate and voter-approval tax rate before the unused
increment rate for the prior three years.39 In a year where a taxing unit adopts a rate by applying any portion of the unused increment rate,
the unused increment rate for that year would be zero.
The difference between the adopted tax rate and voter-approval tax rate is considered zero in the following scenarios:
•a tax year before 2020; and40
•a tax year in which the municipality is a defunding municipality, as defined by Tax Code Section 26.0501(a);41 or
•after Jan. 1, 2022, a tax year in which the comptroller determines that the county implemented a budget reduction or reallocation
described by Local Government Code Section 120.002(a) without the required voter approval.42
This section should only be completed by a taxing unit that does not meet the definition of a special taxing unit.43
Unused Increment Rate Worksheet Amount/Rate
63. 2020 unused increment rate. Subtract the 2020 actual tax rate and the 2020 unused
increment rate from the 2020 voter-approval tax rate. If the number is less than zero, enter
zero. If the year is prior to 2020, enter zero.
$0.000000
64. 2019 unused increment rate. Subtract the 2019 actual tax rate and the 2019 unused
increment rate from the 2019 voter-approval tax rate. If the number is less than zero, enter
zero. If the year is prior to 2020, enter zero
$0
65. 2018 unused increment rate. Subtract the 2018 actual tax rate and the 2018 unused
increment rate from the 2018 voter-approval tax rate. If the number is less than zero, enter
zero. If the year is prior to 2020, enter zero.
$0.000000
66. 2021 unused increment rate. Add Lines 63, 64 and 65.$0.000000/$100
67. 2021 voter-approval tax rate, adjusted for unused increment rate.23 Add Line 66 to
one of the following lines (as applicable): Line 49, Line D49(disaster), Line 50 (counties),
Line 58 (taxing units with the additional sales tax) or Line 62 (taxing units with pollution
control).
$0.597770/$100
39Tex. Tax Code Section 26.013(a)
40Tex. Tax Code Section 26.013(c)
41Tex. Tax Code Section 26.0501(a) and (c)
42Tex. Tax Code Section Local Gov't Code Section 120.007(d), effective Jan. 1, 2022
43Tex. Tax Code Section 26.063(a)(1)
Page 62
SECTION 6: De Minimis Rate
The de minimis rate is the rate equal to the sum of the no-new-revenue maintenance and operations rate, the rate that will raise $500,000,
and the current debt rate for a taxing unit.44
This section should only be completed by a taxing unit that is a municipality of less than 30,000 or a taxing unit that does not meet the
definition of a special taxing unit.45
De Minimis Rate Worksheet Amount/Rate
68. Adjusted 2021 NNR M&O tax rate. Enter the rate from Line 39 of the Voter-Approval
Tax Rate Worksheet $0.561000/$100
69. 2021 total taxable value. Enter the amount on Line 21 of the No-New-Revenue Tax
Rate Worksheet. $899,664,550
70. Rate necessary to impose $500,000 in taxes. Divide $500,000 by Line 69 and multiply
by $100.$0.055576
71. 2021 debt rate. Enter the rate from Line 48 of the Voter-Approval Tax Rate Worksheet.$0.017135/$100
72. De minimis rate.23 Add Lines 68, 70 and 71.$0.633711/$100
44Tex. Tax Code Section 26.012(8-a)
45Tex. Tax Code Section 26.063(a)(1)
Page 63
SECTION 7: Voter-Approval Tax Rate Adjustment for Emergency Revenue Rate
In the tax year after the end of the disaster calculation time period detailed in Tax Code Section 26.042(a), a taxing unit that calculated its
voter-approval tax rate in the manner provided for a special taxing unit due to a disaster must calculate its emergency revenue rate and
reduce its voter-approval tax rate for that year.46
Similarly, if a taxing unit adopted a tax rate that exceeded its voter-approval tax rate, calculated normally, without holding an election to
respond to a disaster, as allowed by Tax Code Section 26.042(d), in the prior year, it must also reduce its voter-approval tax rate for the
current tax year47.
NOTE: This section will not apply to any taxing units in 2021. It is added to implement Senate Bill 1438 (87th Regular Session) and
does not apply to a taxing unit that calculated its voter-approval tax rate in the manner provided for a special taxing unit due to a declared
disaster in 2020, as provided for in the recently repealed Tax Code Sections 26.04(c-1) and 26.041(c-1).
In future tax years, this section will apply to a taxing unit other than a special taxing unit that:
•directed the designated officer or employee to calculate the voter-approval tax rate of the taxing unit in the manner provided for a
special taxing unit in the prior year; and
•the current year is the first tax year in which the total taxable value of property taxable by the taxing unit as shown on the appraisal
roll for the taxing unit submitted by the assessor for the taxing unit to the governing body exceeds the total taxable value of
property taxable by the taxing unit on January 1 of the tax year in which the disaster occurred or the disaster occurred four years
ago.
In future tax years, this section will also apply to a taxing unit in a disaster area that adopted a tax rate greater than its voter-approval tax
rate without holding an election in the prior year.
Note: This section does not apply if a taxing unit is continuing to calculate its voter-approval tax rate in the manner provided for a special
taxing unit because it is still within the disaster calculation time period detailed in Tax Code Section 26.042(a) because it has not met the
conditions in Tax Code Section 26.042(a)(1) or (2).
Emergency Revenue Rate Worksheet Amount/Rate
73. 2020 adopted tax rate. Enter the rate in Line 4 of the No-New-Revenue Tax Rate
Worksheet.N/A
74. Adjusted 2020 voter-approval tax rate. Use the taxing unit's Tax Rate Calculation
Worksheets from the prior year(s) to complete this line.
If a disaster occurred in 2020 and the taxing unit calculated its 2020 voter-approval tax rate
using a multiplier of 1.08 on Disaster Line 41 (D41) of the 2020 worksheet due to a disaster,
enter the 2020 voter-approval tax rate as calculated using a multiplier of 1.035 from Line 49.
- or -
If a disaster occurred prior to 2020 for which the taxing unit continued to calculate its voter-
approval tax rate using a multiplier of 1.08 on Disaster Line 41 (D41) in 2020, complete the
separate Adjusted Voter-Approval Tax Rate for Taxing Units in Disaster Area Calculation
Worksheet to recalculate the voter-approval tax rate the taxing unit would have calculated in
2020 if it had generated revenue based on an adopted tax rate using a multiplier of 1.035 in
the year(s) following the disaster.48 Enter the final adjusted 2020 voter-approval tax rate
from the worksheet.
- or -
If the taxing unit adopted a tax rate above the 2020 voter-approval tax rate without
calculating a disaster tax rate or holding an election due to a disaster, no recalculation is
necessary. Enter the voter-approval tax rate from the prior year's worksheet.
N/A
75. Increase in 2020 tax rate due to disaster. Subtract Line 74 from Line 73.N/A
76. Adjusted 2020 taxable value. Enter the amount in Line 14 of the No-New-Revenue Tax
Rate Worksheet.N/A
77. Emergency revenue. Multiply Line 75 by Line 76 and divide by $100.N/A
Page 64
78. Adjusted 2021 taxable value. Enter the amount in Line 25 of the No-New-Revenue Tax
Rate Worksheet.N/A
79. Emergency revenue rate. Divide Line 77 by Line 78 and multiply by $100. 49 N/A
80. 2021 voter-approval tax rate, adjusted for emergency revenue. Subtract Line 79 from
one of the following lines (as applicable): Line 49, Line D49(disaster), Line 50 (counties),
Line 58 (taxing units with the additional sales tax), Line 62 (taxing units with pollution
control) or Line 67 (taxing units with the unused increment rate).
N/A
46Tex. Tax Code Section 26.042(b)
47Tex. Tax Code Section 26.042(f)
48Tex. Tax Code Section 26.042(c)
49Tex. Tax Code Section 26.042(b)
50Tex. Tax Code Section 26.04(c-2) and (d-2)
SECTION 8: Total Tax Rate
Indicate the applicable total tax rates as calculated above.
No-New-Revenue tax rate
As applicable, enter the 2021 NNR tax rate from: Line 26, Line 27 (counties), or Line 56
(adjusted for sales tax).
Indicate the line number used: 26
$0.627643/$100
Voter-Approval tax rate
As applicable, enter the 2021 voter-approval tax rate from: Line 49, Line 50 (counties), Line
58 (adjusted for sales tax), Line 62 (adjusted for pollution control), Line 67 (adjusted for
unused increment), or Line 80 (adjusted for emergency revenue).
Indicate the line number used: 49
$0.597770/$100
De minimis rate
If applicable, enter the de minimis rate from Line 72.$0.633711/$100
SECTION 9: Taxing Unit Representative Name and Signature
Enter the name of the person preparing the tax rate as authorized by the governing body of the taxing unit. By signing below, you certify that you are the
designated officer or employee of the taxing unit and have accurately calculated the tax rates using values that are the same as the values shown in the taxing
unit's certified appraisal roll or certified estimate of taxable value, in accordance with requirements in Tax Code.50
print here
Printed Name of Taxing Unit Representative
sign here ________________________________________________________________
Taxing Unit Representative Date
Page 65
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 8.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Alina Ciocan, Assistant City Manager
ITEM/CAPTION:
PARTICIPATION IN DENTON COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
Consider Resolution 081021 regarding City of Sanger participation in Denton County's Community Development
Block Grant for the three program year period, Fiscal Year 2023 through Fiscal Year 2025. (Ciocan)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
The Community Development Block Grant (CDBG) program is a federallyfunded grant program administered by the
Department of Housing and Urban Development. It aims to provide affordable housing, antipoverty programs, and
infrastructure development.
In order to receive CDBG funding, Denton County must qualify as an Urban County under the CDBG program.
Denton County is eligible to receive entitlement grant funds by having a combined population of 200,000 or more from
participating municipalities and unincorporated areas. Municipalities are invited to join the County's consortium. Eligible
cities must have a population under 50,000 and not currently receive CDBG funds. Entitlement counties must requalify
every three years.
The attached material provides additional information on the process of becoming an entitlement county and CDBG
eligible activities.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
Page 66
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 8.AGENDA MEETING DATE: August 16, 2021TO: John Noblitt, City ManagerFROM: Alina Ciocan, Assistant City ManagerITEM/CAPTION:PARTICIPATION IN DENTON COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANTPROGRAMConsider Resolution 081021 regarding City of Sanger participation in Denton County's Community DevelopmentBlock Grant for the three program year period, Fiscal Year 2023 through Fiscal Year 2025. (Ciocan)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:The Community Development Block Grant (CDBG) program is a federallyfunded grant program administered by theDepartment of Housing and Urban Development. It aims to provide affordable housing, antipoverty programs, andinfrastructure development. In order to receive CDBG funding, Denton County must qualify as an Urban County under the CDBG program.Denton County is eligible to receive entitlement grant funds by having a combined population of 200,000 or more fromparticipating municipalities and unincorporated areas. Municipalities are invited to join the County's consortium. Eligiblecities must have a population under 50,000 and not currently receive CDBG funds. Entitlement counties must requalifyevery three years. The attached material provides additional information on the process of becoming an entitlement county and CDBGeligible activities. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
CDBG Urban County Qualification Process 8/11/2021 Backup Material
CDBG Eligible Activities 8/11/2021 Backup Material
Resolution 8/11/2021 Cover Memo
Page 67
COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG)
URBAN COUNTY QUALIFICATION FISCAL YEAR 2023-2025
Denton County, Texas
Page 68
WHAT IS CDBG?
The Community Development Block Grant,
CDGB, program is a federally-funded grant
program administered by the Department
of Housing and Urban Development, HUD.
CDBG was established in 1974 under the
Housing and Community Development Act
(12 U.S.C. 1706e).
Aims to provide affordable housing, anti-
poverty programs, and infrastructure
development.
2
For more information, visit HUD Exchange
Page 69
BECOMING AN ENTITLEMENT COUNTY
STEP 1
A County must respond to the HUD solicitation
with a request to continue the qualification
process.
Following review of the response, HUD shall
notify the county of the anticipated monies
available in CDBG funding
COMPLETED: June 1, 2021
Planning estimation of funds: $1,402,800
STEP 2
3
Municipalities invited to join the County’s
consortium.
Eligible cities have a population under 50,000
and do not currently receive CDBG funds.
Cities that accept inclusion may not apply for
CDBG funds from another source and those
who decline are not eligible for funding
through the consortium’s funds.
IN PROGRESS: July 21, 2021
Page 70
BECOMING AN ENTITLEMENT COUNTY
STEP 3
Once accepted, the City and County will enter
into a cooperative agreement for the 3 fiscal
years of funding, with language included for
automatic renewal if written request to be
removed is not filed each cycle.
*Participants must have essential powers such
as ability to acquire property, dispose of land,
and condemn property.
DEADLINE: August 20, 2021
STEP 4
4
Once the county provides HUD with copies of
all notices, responses, and cooperative
agreements HUD will officially designate the
county as an entitlement community.
The County accepts the responsibility of
determining how to allocate funds amongst its
own programs and the consortium.
The County also agrees to ensure compliance
with all CDBG/HUD regulations and guidelines
PENDING COMPLETITION OF STEP 3
Page 71
COUNTY RESPONSIBILITIES
CITIZEN PARTICIPATION
CDBG grantee(s) must develop and follow a
detailed plan that encourages citizen
participation, with emphasis on residents of low-
and moderate-income neighborhoods, slum or
blighted areas.
Plan must provide citizens with
reasonable/timely access to local meetings,
opportunity to review proposed activities and
program performance, and provide timely
written answers to written complaints.
Must also address the needs of non-English
speaking residents.
Must complete an Assessment of Fair Housing
(AFH) to be based on the Affirmatively Furthering
Fair Housing Rule, established 7/16/2015
The County agrees to the completion of a 5-year
Consolidated plan by August 16th of the following
year, with renewal every 5th year.
The County must also complete an Annual action
plan and Consolidate Annual Performance and
Evaluation Report (CAPER)
This same requalification process shall occur
every three (3) years.
ASSESSMENTS AND PLANS
5Page 72
6
Source: NACo; CDBG A Guide for Counties, June 2018
Page 73
CDBG PROGRAM REQUIREMENTS
7
Grantees must use no less than
70 percent of funds for
activities that benefit low and
moderate income persons over
a one, two, or three year
period, as determined by the
grantee
ACTIVITY PERCENTAGE
Grantees are allowed a 20
percent set-aside for
administrative and planning
expenses
ADMIN EXPENSES
Each activity must meet a
national objective for the
program
•Benefitting low and
moderate income persons
•Eliminating slums/blight
•Addressing urgent
community development
needs
NATIONAL OBJECTIVES
Refers to annual income that is
less than the Section 8 Low
Income Limit, as established by
HUD. This amount is generally
80% of the area median
income
LOW/MODERATE INCOME
1 2 3 4
Page 74
THANK YOU!
RINA.MALONEY@DENTONCOUNTY.GOV
(940) 349-3012
Page 75
CDBG Eligible
Activities
DENTON COUNTY ECONOMIC DEVELOPMENT
JULY 30, 2021
Page 76
The above reflects a non-exhaustive listing of eligible and ineligible activities, per the U.S. Department of
Housing and Urban Development (HUD).
Page 77
Project must fall under 1 of the
following national objectives
BENEFITING LOW/MODERATE
INCOME PERSONS
PREVENTING OR
ELIMINATING SLUMS OR
BLIGHT
MEETING URGENT
NEEDS
Page 78
Benefiting low-and moderate-income persons
▪70% of all expended funds must be utilized under this objective
▪A low-and moderate (L/M) income person is defined as 80% or under the Area Median Income
▪Income is that of all family or household members for the upcoming 12 month period
▪This objective may be divided into 4 subcategories
▪Area Benefit
▪Limited Clientele
▪Housing
▪Jobs
Page 79
Area Benefit
▪Activity must benefit and be available to all
residents of a service area which is primarily
residential
▪Service area is determined by 5 factors: nature
of activity, location of activity, access issues,
availability of comparable, & boundaries
▪At least 51%* of the residents must be
considered Low to Moderate Income (LMI)
▪Data may be viewed at LMI Summary Data
*Denton County is expected to be assigned a percentage lower
than 51% and will notify participant cities once official data is
received
Page 80
Examples of
Area Benefit
Activities
▪Street improvements
▪Water/sewer lines
▪Neighborhood facilities
▪Façade improvement in neighborhood commercial
districts
Page 81
Limited Clientele
▪Activities must exclusively benefit those who
are generally presumed as LMI persons by
HUD:
▪Abused children
▪Elderly persons
▪Battered spouses
▪Homeless persons
▪Severely disabled adults
▪Illiterate adults
▪Persons living with HIV/AIDS
▪Migrant Farm Workers
Page 82
Examples of
Limited
Clientele
Activities
▪Construction at a senior center
▪Public services for the homeless
▪Assistance to LMI persons developing a
microenterprise
▪Meals on Wheels for the elderly
▪Construction of job training facilities for severely
disabled adults
Does include several unique activities: removal of
architectural barriers and certain types of job training
Page 83
Housing
▪Always utilizes household income, not family
▪To meet the objective, must be occupied by
low/moderate households
▪All single unit structures must be occupied 100% by
LMI
▪Duplex unit must have at least one (1) unit occupied by
LMI
▪Multi-family structures must contain at least 51% LMI
Page 84
Examples of
Housing
Activities
▪Acquisition of property to be used for permanent
housing
▪Rehabilitation of permanent housing
▪Conversion of nonresidential structures into
permanent housing
▪Newly constructed housing
▪Assistance to a household to enable it to acquire
ownership of a home (homeownership assistance)
Page 85
Jobs
▪Must meet the objective in one of the
following ways:
▪Be located in a predominately LMI neighborhood and
serve the LMI residents
▪Involve facilities designed for use predominately by
LMI persons
▪Involve employment of persons, the majority of which
must be LMI
▪51%of jobs must be held by or available to an
LMI person
Page 86
Examples of
Jobs Activities
▪Construction of a business incubator designed to
offer both space and assistance to new, small
businesses
▪Loans to help finance the expansion of a plant or
factory
▪Financial assistance to a business which has
publically announced its intention to close
▪Improvement of public infrastructure as needed by a
company to comply with environmental laws to
avoid closure
Page 87
Prevention/Elimination of Slums or Blight
▪Focuses on the elimination of major slums and blight within a community and preventing the
return of blight to the treated areas
▪This objective may be divided into 2 subcategories
▪Addressing slums/blight on an area basis
▪Addressing slums/blight on a spot basis
Page 88
Area Basis
▪Area must be officially designated as a
slum/blight area
▪The area must contain a substantial number of
deteriorated or deteriorating buildings
▪Activities are limited to those which address
one or more of the conditions which
contributed to the deterioration of the area
Page 89
Examples of
Area Basis
Activities
▪Acquisition and clearance of blighted properties
▪Installation of a park/playground
▪Commercial revitalization through façade
improvements
▪Treatment of toxic material on property to enable it
to be redeveloped for a specific use (ie brownfields)
Page 90
Spot Basis
▪Used for the prevention of blight, on the
premise that such action(s) serves to prevent
the spread of adjacent properties in the area
▪The activity must be designed to eliminate
specific conditions not located in a designated
slum/blighted area
▪Activity must be limited to one of the
following: acquisition, clearance, relocation,
historic preservation, or rehabilitation
Page 91
Examples of
Spot Basis
Activities
▪Elimination of faulty wiring, falling plaster, or other
conditions which are detrimental to all potential
occupants
▪Historic preservation of a blighted public facility
▪Demolition of a vacant, deteriorated, abandoned
building
Page 92
Urgent Need
▪Utilized to address emergency situations such as flood and/or earthquakes
▪To meet the criteria of urgent need:
▪Pose a serious and immediate threat to the health/welfare of all the community
▪Are of recent origin or recently became urgent
▪The grantee is unable to finance the activity on its own
▪Other resources/funding are not available to carry out the activity
Page 93
Contact
Information:
Denton County Economic Development
Rina Maloney, Grant Manager
Office: (940) 349-3012
Cell: (940) 600-3631
Rina.Maloney@DentonCounty.gov
Page 94
Page 1 of 3
RESOLUTION 08-10-21
RESOLUTION REGARDING CITY OF SANGER PARTICIPATION IN DENTON
COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE THREE
PROGRAM YEAR PERIOD, FISCAL YEAR 2023 THROUGH FISCAL YEAR 2025.
WHEREAS, Title I of the Housing and Community Act of 1974, as amended through
the Housing and Community Act of 1992, establishes a program of community development
block grants for the specific purpose of developing viable communities by providing decent
housing and suitable living environment and expanding economic opportunities principally for
persons of low and moderate income, and
WHEREAS, Denton County has been designated an "Urban County" by the Department
of Housing and Urban Development entitled to a formula share of Community Development
Block Grant (CDBG) program funds provided said County has a combined population of
200,000 persons in its unincorporated areas and units of general local government with which it
has entered into cooperative agreements, and
WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties
to enter into cooperative agreements with local governments for essential Community
Development and Housing Assistance activities, and
WHEREAS, the City of Sanger may not apply for grants under the State CDBG Program
from appropriations for fiscal years during the period in which it is participating in Denton
County's CDBG program, and
WHEREAS, through cooperative agreements Denton County has authority to carry out
activities funded from annual Community Development Block Grant (CDBG) Allocation from
Federal Fiscal Years 2023, 2024, and 2025, from any program income generated from the
expenditure of such funds and any successive qualification periods under automatic renewal, and
WHEREAS, this cooperative agreement covers Federal Fiscal Years 2023, 2024, and
2025, it will automatically be renewed for participation in successive three-year qualification
periods, unless the County or the City of Sanger informs HUD with written notice to elect to not
participate in a new qualification period, and
WHEREAS, the cooperative agreement will be automatically renewed by the date
specified in HUD’s urban county qualification notice for the next qualification period, Denton
County will notify City of Sanger in writing of its right not to participate, and
WHEREAS, with automatic renewal, Denton County and City of Sanger will be required
to adopt and submit to HUD any amendment to the agreement incorporating changes necessary
to meet the requirements set forth in an Urban County Qualification Notice, and
WHEREAS, Denton County and the City of Sanger agree to cooperate to undertake, or
assist in undertaking, community renewal and lower income housing assistance activities, and
Page 95
Page 2 of 3
WHEREAS, Denton County and City of Sanger will take all actions necessary to assure
compliance under section 104(b) of Title I of the Housing and Community Development Act of
1974, Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, and
WHEREAS, Denton County will not fund activities in, or in support of City of Sanger
that does not affirmatively further fair housing within its own jurisdiction or that impedes the
county's actions to comply with the county's fair housing certification, and
WHEREAS, Denton County and City of Sanger will comply with section 109 of Title I
of the Housing and Community Development Act of 1974, which incorporates Section 504 of the
Rehabilitation Act of 1973, of Title II of the Americans with Disabilities Act, Age Discrimination
Act of 1975, Section 3 of the Housing and Urban Development Act of 1968, and other
applicable laws, and
WHEREAS, the City of Sanger has adopted and is enforcing a policy prohibiting the
use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations and
WHEREAS, the City of Sanger has adopted and is enforcing a policy of enforcing
applicable State and local laws against physically barring entrance to or exit from a facility or
location which is the subject of such non-violent civil rights demonstrations within
jurisdictions, and
WHEREAS, in accordance with 24 CFR 570.501(b), Denton County is responsible for
ensuring that CDBG funds are used in accordance with all program requirements, including
monitoring and reporting to U.S. Department of Housing and Urban Development, on the use of
program income, and
WHEREAS, pursuant to 24 CFR 570.501(b), the City of Sanger is subject to the same
requirements applicable to sub recipients, including the requirement of a written agreement as
described in 24 CFR 570.503, and
WHEREAS, Denton County and City of Sanger may not sell, trade, or otherwise
transfer all or any portion of such funds to another such metropolitan city, urban county, unit
of general local government, or Indian tribe, or insular area that directly or indirectly receives
CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must
use such funds for activities eligible under title I of the Act in the Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2014, Pub. L. 113-76.
NOW, THEREFORE, BE IT RESOLVED, by the City of Sanger that the City Council of
Sanger, Texas supports the application of Denton County for funding from Housing and
Community Development Act of 1974, as amended, and Cranston-Gonzalez National
Affordable Housing Act, as amended, and asks that its population be included for three
successive years with that of Denton County, Texas to carry out Community Development
Program Activities Eligible for Assistance under Public Law 93-383, and Affordable Housing
Page 96
Page 3 of 3
activities under Public Law 101-625, and authorizes the Mayor of Sanger, Texas to sign such
additional forms as requested by the Department of Housing and Urban Development pursuant
to the purposes of the Resolution, and further that the City of Sanger, Texas understands that
Denton County will have final responsibility for selecting projects and filing annual grant
requests.
BE IT FURTHER RESOLVED, this cooperative agreement will automatically be renewed
for participation in successive three-year qualification periods, unless Denton County or the
City of Sanger provides written notice it elects not to participate in a new qualification period.
Denton County will notify the City of Sanger in writing of its right to make to such election on
the date specified by the U.S. Department of Housing and Urban Development in HUD's urban
county qualification notice for the next qualification period. Any amendments or changes
contained within the Urban County Qualification Notice applicable for a subsequent three-year
urban county qualification period must be adopted by Denton County and the City of Sanger
and submitted to HUD. Failure by either party to adopt such an amendment to the agreement
will void the automatic renewal of this agreement.
This agreement remains in effect until CDBG funds and income received during the fiscal
2023, 2024, 2025 programs, and to any successive qualification periods provided through the
automatic renewal of this agreement, are expended and the funded activities completed, neither
Denton County nor the City of Sanger may terminate or withdraw from the agreement while the
agreement remains in effect.
Official notice of amendments or changes applicable for a subsequent three-year urban county
agreement shall be in writing and be mailed by certified mail to the City Secretary of the City
of Sanger Any notice of changes or amendments to this agreement by the City of Sanger to
Denton County shall be in writing to the Denton County Judge’s Office.
SIGNED on this the ______ day of August, 2021.
_____________________________ _______________________________
Kelly Edwards, City Secretary Thomas E. Muir, Mayor
PASSED AND APPROVED THIS day of August, 2021.
_____________________________ _________________________________
Commissioners Court Clerk Judge Andy Eads, County Judge
Page 97
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 9.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Mike Prater, Superintendent
ITEM/CAPTION:
AUTHORIZING A REQUEST FOR PROPOSAL
Consider authorizing Staff to submit a Request for Proposals to relocate the electric utilities associated with the IH35 /
FM 455 Expansion Project. (Prater)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
The IH35 / FM 455 Expansion Project will necessitate the adjustment, removal, and/or relocation of certain electric
utilities. The cost associated with this project will be 100% reimbursable as outlined in the TxDOT Standard Utility
Agreement.
Staff will need to publish a Request for Proposals for relocating Electric Power Distribution Facilities on portion of IH
35. Proposals will be publicly opened and read aloud at City Hall, on August 31, 2021 at 2:00 p.m. on the same date.
Plans, Specification, and information for bidders will be on file starting August 17, 2021 and may be examined at the
office of the Electric Superintendent, City of Sanger, 202 Railroad Avenue, Sanger ,
Texas 76266.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
Anticipated reimbursement of $208,868.70 as outlined in the TxDOT Standard Utility Agreement.
FUNDS:
N/A
Page 98
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 9.AGENDA MEETING DATE: August 16, 2021TO: John Noblitt, City ManagerFROM: Mike Prater, SuperintendentITEM/CAPTION:AUTHORIZING A REQUEST FOR PROPOSALConsider authorizing Staff to submit a Request for Proposals to relocate the electric utilities associated with the IH35 /FM 455 Expansion Project. (Prater)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:The IH35 / FM 455 Expansion Project will necessitate the adjustment, removal, and/or relocation of certain electricutilities. The cost associated with this project will be 100% reimbursable as outlined in the TxDOT Standard UtilityAgreement.Staff will need to publish a Request for Proposals for relocating Electric Power Distribution Facilities on portion of IH35. Proposals will be publicly opened and read aloud at City Hall, on August 31, 2021 at 2:00 p.m. on the same date.Plans, Specification, and information for bidders will be on file starting August 17, 2021 and may be examined at theoffice of the Electric Superintendent, City of Sanger, 202 Railroad Avenue, Sanger ,Texas 76266.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:Anticipated reimbursement of $208,868.70 as outlined in the TxDOT Standard Utility Agreement.FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
Invitation to Bid for Electric Expansion Project for FM 455 IH35 8/12/2021 Cover Memo
Page 99
INVITATION TO BIDDERS
Sealed proposals addressed to the City Council,City of Sanger,Texas for Relocating Electric Power
Distribution Facilities on Portion of IH35 will be received in the office of the City Secretary,502
Elm Street,Sanger,Texas,until 1:30 p .m.,August 31,2021.Proposals will be publicly opened and
read aloud at the City Hall at 2:00 p .m.on the same date.Any bid received after the above closing
time will be returned unopened.
Plans,Specification,and information for bidders will be on file starting August 17,2021 and may be
examined at the office of the Electric Superintendent,City of Sanger,202 Railroad Avenue,Sanger,
Texas 76266.A certificate or cashier’s check on a state or national bank of the state of Texas,or a
bidder’s bond from an acceptable surety company authorized to transact business in the state of Texas,
in the amount of not less than five percent (5%)of the total bid must accompany each proposal as a
guarantee that,if awarded the contract,the bidder will,within ten (10)calendar days after award of
contract,enter into contract and execute a Bind on the forms provided in the contract documents.
A Performance Bond in an amount of not less than 100%of the contract price,conditioned upon
faithful performance of the contract and payment of all persons applying labor or furnishing materials,
shall be executed by the successful bidder and accompany his signed contract.Proposals must be
submitted on the forms bound within the Specifications.The right to accept any bid or to reject any;or
all bids and to waive all formalities is hereby reserved by the City Council of the City of Sanger.
NONDISCRIMINATION IN EMPLOYMENT
Bidders on this work will be required to comply with the President’s Executive Order #11246.The
requirements for bidders and contractors under this order are explained in the specifications.
City Secretary
1
Page 100
INSTRUCTIONS TO BIDDERS
GeneralA.
Proposals are requested by the City of Sanger,Texas,hereinafter referred to as the “Owner”.
This proposal is for construction of electric power distribution facilities.
Bidder QualificationsB.
In order for their proposals to be considered,bidders must demonstrate that they are qualified to
satisfactorily perform the specified work.The bidder shall submit written evidence of his
qualifications to the Owner,with his proposal.Such evidence shall include all information
necessary to certify that the bidder:
Maintains a permanent place for business;
Has available the construction plant and equipment to do the work;
Has technical knowledge and practical experience in work of the type specified;
Has adequate financial status to meet the financial obligations incident to the work;
Has no just or proper claims pending against him or his work;and
Has constructed other facilities of similar type and of equal or greater size and
complexity.The evidence shall consist of a listing of the facilities indicating the
owner’s name,location,approximate dollar value,type of facilities,and the date of
completion.
Proposal DocumentsC.
Prospective bidders who intend to make a direct proposal to the Owner may request copies of
the specifications and documents and drawings.
Any questions pertaining to this Construction Specification shall be addressed to:
Prater,City of Sanger,P.O.Box 1729,Sanger,Texas 76266,Tel:940-458-7930.
Mr.Mike
All proposal documents are the property of the Owner and shall not be reproduced by the
bidders.The Owner reserves all rights to the proposal documents.
ProposalsD.
The original of each proposal shall be prepared and submitted in accordance with these
Instructions to Bidders and the letter transmitting the specifications and documents to the
bidder.One copy of the bid proposal sheets shall also be submitted.Proposals which are not
prepared and submitted in accordance with these instructions will imply that the bidder does not
intend to comply with all of the contract conditions and such proposals will be considered
irregular.
3
Page 101
Proposals by partnerships shall be signed with the partnership name followed by the
signature and designation of one of the general partners or other authorized
representatives.A complete list of the partners shall be included with the proposals.
Proposals by a corporation shall be signed in the official corporate name of the
corporation,followed by the signature and designation of the president,secretary,or
other person authorized to bind the corporation.
A proposal by a corporation which is signed by a person who affixes to his signature
and the word “president”,“secretary”,“agent”,or other designation,without disclosing
his principal,may be rejected.Satisfactory evidence of the authority of the officer
signing on behalf of the corporation state in which they are incorporated and the address
of their principal office.
4.Submittal
Proposals shall be submitted not later than the date and time stipulated in the “Invitation
to Bidders”as follows:
The original to:
City of Sanger
Office of the City Secretary
502 Elm Street
Sanger,Texas 76266
A single proprietary interest shall not submit multiple proposals for the same work even
though the individual proposals are submitted under different names.The owner
reserves the right to reject all proposals so submitted.Informal separate copies of
proposals shall not be given to any employee of the Owner other than submitted bid to
the City Secretary.
5.Withdrawal
Proposals may be withdrawn,altered,and re-submitted at any time before the deadline
set for receiving the proposals.Proposals may not be withdrawn,altered,or re-
submitted within sixty (60)days thereafter.
Information to be Submitted with ProposalE.
Each bidder shall submit with his proposal pertinent information concerning proposed
equipment and materials and proposed construction organization.
Equipment1.
Each bidder shall submit all specifications or similar descriptive information necessary
to completely describe the equipment he proposes to use on this project.
Contractor’s Field Organization2.
5
Page 102
It shall be the bidder’s responsibility to advise the Owner,before the time specified of receipt of
proposals,conflicting requirements or omissions of information which require clarification.
Those questions not resolved by addenda shall be listed in the space provided on the proposal
form,together with statements of the basis upon which the proposal is made as affected by each
question.
BondsI.
The Contractor to whom the work is awarded will be required to furnish a Performance Bond to
the Owner,in an amount equal to 100 percent of the contract amount.The cost of the bond
shall be included in the lump sum proposal price.
All provisions of the bonds shall be complete.The bond shall be executed on the forms
provided with the proper corporate surety through a company licensed and qualified to operate
in the state of Texas and acceptable to the Owner.The bond shall be signed by an agent
resident in the state of Texas,and the date of execution of the contact by the Owner.
If at any time during the continuance of the contract,the surety becomes irresponsible,the
Owner shall have the right to require additional and sufficient sureties which the Contractor
shall furnish to the satisfaction of the Owner within 10 days after notice to do so.In default
thereof,the contract may be suspended and all payments or monies due to the Contractor
withheld.
The Performance Bond shall guarantee the faithful performance of all covenants,stipulations,
and conditions of the contract
A Power of Attorney,certified to include the date of execution of the bond,evidencing the
authority of the individual executing the bond on behalf of the surety shall accompany the bond.
ProposalJ.
Firm price proposals shall be submitted.
Taxes.Permits,and Licenses *K.
The bidder’s attention is directed to the General Conditions regarding taxes,permits,and
licenses.Each bidder shall be responsible for determining the applicable taxes,permits,and
licenses.If the bidder is in doubt as to whether or not a tax,permit,or licenses is applicable,he
shall state in his proposal whether this item has been included in this bid price and the amount
of the applicable tax,permit,or license in question.
City of Sanger is tax exempt.
Time of CompletionL.
The proposal shall be based upon completion of the work to permit placement of the electric
facilities in continuous service by November 1,2021.The completion dates shall be based
upon awarding the bid by September 7,2021.
7
Page 103
PROPOSAL
day of 2021Date:
TO:Honorable Mayor and
Council members
City of Sanger,Texas
Gentlemen:
The undersigned proposes to perform the materials construction as specified in the attached documents
in compliance with all specifications included herein.All prices offered above are firm unless
exception is noted as provided in the Instructions to Bidder’s section.
Subcontractors1.0
The undersigned proposes that he will perform all of work with his own forces and that no
portion of the work will be subcontracted.
2.0 Addenda
The undersigned Bidder acknowledges receipt of the following addenda,which have been
considered in preparing this proposal.
DatedNumber
DatedNumber
DatedNumber
DatedNumber
3.0 Lump Sum
The bidder shall install all materials and equipment furnished by the Owner and furnish and
install all other materials required for the construction of 12.5 kV distribution lines with
associated facilities as per these specifications.The lump sum price is a firm price,includes
furnishing and installing complete the specific units designated,and includes all associated
costs and overhead and profit markup.
Dollars,($
9
Page 104
(SEAL)Bidder
By
(Signature)
(Printed or Typed)
Title
Attest:
(Signature)
Complete Business Address of Bidder
State of Incorporation
Complete Address of Principal Office
11
Page 105
BID BOND
1.KNOW ALL MEN that we,,as
,as Surety,are held and firmly
bound unto City of Sanger,Texas (hereinafter called the “City”)in the penal sum of five (5%)
percent of the amount of the bid referred to in paragraph 2 below,but not to exceed)as hereinafter set
Principal,and
dollars ($
forth and for the payment of which sum well and truly to be made we bind ourselves,or
executors,administrators,successors and assigns,jointly and severally,by these presents:
2.WHEREAS,the Principal has submitted a bid to the City for the construction of the Electric
Distribution Facilities.
3.NOW,THEREFORE,the condition of this obligation is such that if the City shall accept the bid
of the Principal,and
(a)the Principal shall execute such Contract Documents,if any,as may be required by the
terms of the bid and give such Contractor’s Bond or Bonds for the performance of the
Contract and for the prompt payment of labor and material furnished for the Project as may
be specified in the bid,or
(b)in the event of the failure of the Principal to execute such Contract documents,if any,and
give such Contractor’s Bond or Bonds,if the Principal shall pay the City the difference,not
to exceed the penal sum hereof,between the amount specified in the bid and such larger
amount for which the City may in good faith contract with another party to construct the
substation,then this obligation shall be void,otherwise to remain in full force and effect.
(Seal)
Principal
Attest:
By
Title Secretary
(Seal)
Surety
Attest
By
Title Secretary
13
Page 106
CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT,made and entered into this
and between the City of Sanger,party of the First Part and hereinafter called the “Owner”,and
corporation with its
,Party of the Second Part and hereinafter
day of ,2021,by
a
principal office in
called the “Contractor”.
WITNESSETH:
THAT WHEREAS,the Owner has caused to be prepared,in accordance with the law,specifications,
drawings and other contract documents for the work as herein specified;and
WHEREAS,the said Contractor has submitted to the Owner a proposal in accordance with the terms of
this Contract Agreement;and
WHEREAS,the Owner,in the manner prescribed by law,has determined and declared the aforesaid
Contractor to be the best evaluated Bidder for the said work and has duly awarded to the said
Contractor a contract therefore,for the sum or sums named in the Contractor’s Proposal,a copy thereof
being attached to and made a part of this Contract Agreement;
NOW,THEREFORE,in consideration of the compensation to be paid to the Contractor and of the
mutual agreements herein contained,the parties to these presents have agreed and hereby agree,the
Owner for itself,and its successors,and the Contractor for itself,himself,or themselves,or its,his,or
their successors and assigns,or its,his,or their executors and administrators,as follows:
That the Contractor shall construct the Electric Distribution Facilities as specified andARTICLEI.
required in accordance with the provisions of the contract documents,which are attached and made a
part hereof,(and including subsequent amendments to the contract documents,even though such
amendments are not attached hereto),and shall execute and complete all work included in and covered
by the Owner’s official award of this Contract Agreement to the said Contractor.
ARTICLE II.That the Owner shall pay to the Contractor for the work and Contractor furnished
materials embraced in this Contract Agreement,and the Contractor will accept as full compensation
therefore,the sum (subject to adjustments as provided by the Contract)of
Dollars for all work covered by and included in the
Contract award,designated in the foregoing Article I;payment to be made in cash or its equivalent in
the manner provided in the specifications attached hereto.The Contract amount for Performance and
Payment Bond requirements shall include Owner furnished material,$25,000.00 and Contingencies,
($10,000.00)for a total Contract amount of $.
ARTICLE III.The Contractor shall proceed with the specified work and shall conform to the schedule
specified.Liquidated damages of five hundred ($500)per day per each day past the scheduled date of
completion shall be to the account of the Owner.These damages are specifically agreed to be adequate
and fair compensation for all damages to the Owner caused by such delay.
IN WITNESS WHEREOF,the parties hereto have executed this Contract Agreement as of the day and
year first above written.
15
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PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
of the City
as Principle,and
,authorized under the laws of the State of Texas to act as surety on bonds for
principals,are held and firmly bound unto City of Sanger of Denton County,Texas (Owner),in the)for the
payment whereof,the said Principal and Surety bind themselves,and their heirs,administrators,
executors,successors,and assigns jointly and severally by these presents:
KNOW ALL MEN BY THESE PRESENTS:That
and the State ofCountyofof
dollars ($penal sum of
WHEREAS,the Principal has entered into a certain written contract with the Owner,dated the
,2021,to:Furnish all labor,materials and equipment necessary for
completing the Relocation of Electric Distribution Facilities which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.
day of
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal
shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform
all and singular the covenants,conditions and agreements in and by said contract agreed and
covenanted by the Principal to be observed and performed,and according to the true intent and
meaning of said Contract and the Plans and the Specifications hereto annexed,then this obligation shall
be void;otherwise to remain in full force and effect;
PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253,
Government Code,V.T.C.S.,and all liabilities on this bond shall be determined in accordance with the
provisions of said Chapter to the same extent as if it were copied at length herein.
Surety,for value received,stipulates and agrees that no change,extension of time,alteration or
addition to the terms of the contract,or to the work performed thereunder,or the plans,specifications,
or drawings accompanying the same,shall in anyways affect its obligation on this bond,and it does
hereby waive notice of any such change,extension,extension of time,alteration or addition to the
terms of the contract,or to the work to be performed thereunder.Performable and enforceable in
Denton County,Texas.
IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this
day of ,2021.
17
Page 108
LABOR AND MATERIAL PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
ofKNOWALLMENBYTHESEPRESENTS:That
the City of as Principle,and
,authorized under the laws of the State of Texas to act as surety on bonds
for principals,are held and firmly bound unto City of Sanger of Denton County,Texas (Owner),
in the penal sum of
and the State ofCountyof
dollars)for the payment whereof,the said Principal and Surety bind themselves,and
their heirs,administrators,executors,successors,and assigns jointly and severally by these
($.
presents:
WHEREAS,the Principal has entered into a certain written contract with the Owner,dated the
,2021,to:Furnish all labor,materials and equipment necessary
for completing the Relocation of Electric Distribution Facilities which contract is hereby referred
to and made a part hereof as fully and to the same extent as if copied at length herein.
day of
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said
Principal shall pall all claimants supplying labor and materials to him or subcontractor in the
prosecution of the work provided for in said contract,then this obligation shall be void,
otherwise to remain in full force and effect;
PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253,
Government Code,V.T.C.S.,and all liabilities on this bond shall be determined in accordance
with the provisions of said Chapter to the same extent as if it were copied at length herein.
Surety,for value received,stipulates and agrees that no change,extension of time,alteration or
addition to the terms of the contract,or to the work performed thereunder,or the plans,
specifications,or drawings accompanying the same,shall in anywise affect its obligation on this
bond,and it does hereby waive notice of any such change,extension,extension of time,alteration
or addition to the terms of the contract,or to the work to be performed thereunder.Performable
and enforceable in Denton County,Texas.
IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument
,2021 .this day of
19
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GENERAL CONDITIONS
I.THE CONTRACT DOCUMENT
Included DocumentsA.
Bid Documents1.
Legal Notice and Invitation to Biddersa.
Instructions to Biddersb.
Proposalc.
Bid Bond Formd.
Contract Agreemente.
f.Performance Bond
Labor and Material Payment Bondg-
General Conditionsh.
Labor-Related Regulations1.
SpecificationsJ-
k.Addenda as may be issued
Contract Drawings.2.
Modifications as may be issued3.
Manufacturer’s data submitted with the bid4.
Information to be provided in the form of construction drawings,manufacturer’s
specifications and similar submittals on equipment and material furnished by
Owner or others under separate contract which are related to or affect the work
under this contract.
5.
Compliance submittals furnished by Contractor and accepted by Owner.6 .
Exhibits.7.
Additional exhibits which may be furnished by Owner to interpret the contract
drawings or in connection with a change order.
8.
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Page 110
Contractor -the party entering into the agreement for the performance of
the work,or his duly authorized representative.
1.
Date of Award -the date of the notice of award.m.
Date of Contract -the date set fourth at the beginning of the agreement.n.
Days -calendar days of twenty-four hours each measured from midnight
to the next midnight.
o.
DrawingsP-
All drawings submitted by Contractor as accepted by Owner.1)
All drawings furnished to the Contractor during the process of the
work.
2)
All drawings furnished by the Owner as a basis for proposal.3)
Modifications -a written amendment of the contract documents signed
by both parties,a written order by Owner for a minor change or alteration
in the work,or a change of order,all accomplished or issued after
execution of the agreement in accordance with the contract documents.
q-
Notice of Award -the written notice of Owner to the successful bidder of
the acceptance of his bid.
r.
Notice to Proceed -the written notice of stipulating the date on which
Contractor may begin in the work.
s.
Owner/Purchaser
representative.All notices,letters,and other communication directed to
the Owner,shall be addressed and delivered to:
the city of Sanger,or its duly authorizedt.
City Manager
City of Sanger
P.O.Box 578
Sanger,Texas 76266
ATTN:Mr.Mike Prater
Project -the part of Owner’s improvement program described in Article
1.0 of the Specifications.
u.
Specifications -the part of the contract documents containing written
descriptions of the special conditions affecting or related to the work,and
a technical nature covering the equipment,materials and workmanship
required in the work.
v.
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The drawings,where the precedence shall be drawings of larger scale
over those of smaller,figured dimensions and noted equipment over
graphic indications.
c.
Conflicts between drawings or specifications and applicable codes and
standards will be referred to Owner for a decision thereon.
d.
In case of any conflict between manufacturer’s data and the bid documents,the
bid documents will take precedence unless the manufacturer’s data conforms to
data submitted with the bid with a statement that the bid is conditioned upon
furnishing the equipment and materials defined in the manufacturer’s data
submitted therewith.
5.
Reference to known standards of any technical society,organization,or
association or to codes of local,state,or federal authorities means the latest
edition of such standard,code,or tentative standard or code published and in
effect at the date of the Legal Notice and Invitation to Bid,unless specified
otherwise.
6.
Applicable codes and standards referenced in these contract documents establish
minimum requirements for equipment,materials and work and are superseded
by more stringent requirements of drawings or specifications when and where
they occur.
7.
Equipment,materials or work described in words which,so applied,have a well-
known technical or trade meaning shall be held to refer to such recognized
standards.
8.
Work that may reasonably be inferred from the specifications or drawings as
being required to produce the intended result shall be supplied whether or not is
specifically called for.
9.
The specifications are separated into divisions and sections for convenience in
defining the work.This sectionalizing is not to be construed as an assignment of
labor,equipment or material to any particular craft to trade,nor to relieve
contractor of responsibility for the proper coordination and completion of all the
work described,whether performed by Contractor,suppliers or manufacturers.
10.
The contract documents are governed by the law of the State of Texas.11.
Ownership of DocumentsD.
All specifications,drawings and copies thereof furnished by Owner shall remain
Owner’s property.They shall not be used on any extension of this project or on another
project and,with the exception of those sets which have been signed in connection with
the execution of the agreement,shall be returned to Owner on request upon completion
of the work.
II.PRELIMINARY MATTERS
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Page 112
Date of bonds shall be the same as the date of Contractor’s signature on the agreement.C.
Performance Bond shall be in the full contract price,guaranteeing the faithful
performance of the contract,and otherwise conditioned as required by law
D.
The bonds shall be automatically increased in amount and extended in time without
formal and separate amendments to cover full and faithful performance of the contract
in the event of change orders,regardless of the amount of time or money involved.It is
Contractor’s responsibility to notify his surety of any changes affecting the general
scope of the work or change in the contract price or time.
E.
At any time during the continuance of the contract that the surety on any bond becomes
unacceptable to Owner for financial reasons,the Owner has the right to require
additional and sufficient sureties which Contractor shall furnish to the satisfaction of
Owner within ten (10)days after notice to do so.
F.
IV.PARTICULAR UNDERTAKING OF THE BIDDER
Protection to Persons and PropertyA.
The contractor shall at times take all reasonable precautions of the safety of employees
on the work and of the public,and shall comply with all applicable provisions of
Federal,State,and Municipal safety laws and building and construction codes,as well
as the safety rules and regulations of the Owners.All machinery and equipment and
other physical hazards shall be guarded in accordance with the “Manual of Accident
Prevention in Construction”of the Associated General Contractors of America unless
such instructions are incompatible with Federal,State,or Municipal laws or regulations.
The following provisions shall not limit the generality of the above requirements:
All construction work must be accomplished without interrupting service.
Conductors transporting power at distribution voltage (12,500 volts phase to
phase,7,200 volts phase to ground)will not be de-energized for construction
work on this project.The contractor shall have linemen and supervisors
experienced and trained in working on or near energized conductors.
1.
The Contractor shall coordinate all construction activities with the Owner’s
representative.
2.
The Contractor shall so conduct the construction of the project as to cause the
least possible obstruction of public highways.
3.
The Contractor shall provide and maintain all such guard lights and other
protection for the public as may be required by applicable statues,ordinances
and regulations or by local conditions.
4.
The Contractor shall do all things necessary or expedient properly to protect any
and all parallel,converging and intersecting lines,joint line poles,highways and
any and all property of others from damage,and in the event that any such
5.
27
Page 113
of the Contractor to do so,the Owner may correct such violation at the
Contractor’s expense after a reasonable time for correction.
The Contractor shall submit to the Owner weekly reports in duplicate of all
accidents,giving such data as may be prescribed by the Owners.
12.
All switching to remove equipment for construction and re-energizing
equipment after construction shall be done by the Owners on written switching
orders issued by the Owner and coordinated with the Contractor.All installation
and disconnection of safety grounds and mechanical disconnection and re-
connection of each piece of equipment for construction shall be performed by
the Contractor.
13.
All work is to be performed during the Owner’s normal work hours of 8:00 a.m.
through 5:00 p.m.on Monday through Friday (excluding holidays),unless prior
authorization is secured from the Owners.
14.
The contractor shall defend,indemnify and save harmless the Owner and all its
officers,agents,employees and consultant from all suits,actions,or claims of
any character,name and description including attorney’s fees expenses brought
for or on account of any injuries or damages received or sustained by any person
or persons or property,by or from the said Contractor or his employees or by in
consequence of any neglect or misconduct of the said Contractor,or by or on
account of any claims of amounts recovered under the Workmen’s
Compensation Law or any other law,ordinance,order or decree,and so much of
the money due the said Contractor under and by virtue of his contract as shall be
considered necessary by the Owner may be retained for the use of the Owner,or
in case no money is due,his sureties shall be held until suit or suits,action or
actions,claim or claims for injury or damages as aforesaid shall have been
settled and satisfactory evidence to that effect furnished the Owner.Contractor
shall defend,indemnify and save harmless the Owner,its officers,agents,
employees and consultant in accordance with this indemnification clause
regardless of whether the injury or damage is caused in part by the Owner,its
officers,agents,employees or consultant.
15.
In the event Owner is damaged due to the act,omission,mistake,fault or
default of the Contractor,then Contractor shall indemnify and hold
Owner harmless for such damage.
a.
b.Contractor shall indemnify and hold Owner harmless from any claims of
material suppliers,mechanics,laborers,or other subcontractors.
Contractor shall indemnify and hold Owner harmless from any and all
injuries to or claims of adjacent property owners caused by Contractor,
his agents,employees,and representatives.
c.
Any injury or damage caused to Contractor caused by an act of God,natural
cause,a party or entity not privy to this contract,or other force major shall be
assumed and borne by the Contractor.
16.
29
Page 114
defective materials and workmanship as contained in Article XXI Sections G and H
respectively.
Energizing the ProjectD.
Prior to completion of the project,the Owner,upon written notice to the
Contractor,may test the construction thereof by temporarily energizing any
portion or portions thereof.During the period of such test the portion or
portions of the project so energized,shall be considered as within the possession
and control of the Owner and governed by the provisions of item 3.Upon
written notice to the Contractor by the Owner of the completion of such test and
upon de-energizing the facilities involved therein,said portion or portions of the
Project shall be considered as return to the possession and control of the
Contractor unless the Owner shall elect to continue possession and control in the
manner provided in item C of this article.
1.
The Owner shall have the right to energize permanently any portion or portions
of the Project delivered to its possession and control pursuant to the provisions
of item C.
2.
Assignment of GuaranteesE.
All guarantee of materials and workmanship running in favor of the Contractor shall be
transferred and assigned to the Owner prior to the time the Contractor receives final
payment.
V.SITE CONDITIONS
Availability of LandsA.
Owner shall make available,as indicated in the contract documents and not later than
the date when needed by contractor,the lands upon which the work is to be done.
Position.Gradient,and AlignmentB.
The electric line facilities to be constructed under these specifications shall be
routed as shown on the accompanying plans.All work shall be done to the lines,
elevations and grades indicated.
1.
Owner will provide field staking showing the exact location of each pole and
anchor to be set under these specifications.
2.
All reference points and stakes established by Owner shall be carefully
preserved;and in case of his destruction of the same,Contractor shall be charged
with the resulting expense of replacement and shall be responsible for any
mistakes or loss of time that may result from their loss or disturbance.
Contractor’s own reference points shall be thoroughly protected.
3.
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The duties and obligations imposed by these contract documents and the rights and
remedies available thereunder and in particular,but without limitation,the warranties,
guarantees and similar obligations imposed upon Contractor,and the rights and
remedies available to Owner hereunder will be in addition to and not a limitation of any
rights or remedies otherwise granted,imposed or available by law,by special guarantee
or other provisions of the contract documents.
Prompt Written Notice of Claim RequiredD.
Should Owner or Contractor suffer injury or damage to its person or property because of
any of his employees or agents or others,for whose acts he is legally liable,claim must
be made in writing to the other party promptly after the first observance of such injury
or damage.
VII.CONTRACTOR’S RESPONSIBILITIES AND RIGHTS
SupervisionA.
Contractor shall supervise and direct the work efficiently and with his best skill
and attention.It shall be solely responsible for the means,methods,techniques,
sequences,and procedures of construction used,but he shall not be solely
responsible for the negligence of others in the design or selection of construction
which is specifically called for by the bid documents or contract drawings.
1.
Contractor shall keep at the project site during its progress,a competent
superintendent and any necessary assistants against whom Owner has no
reasonable objection.
2.
No superintendent or Contractor employee shall be relieved except with the
consent of Owner unless he proves to be unsatisfactory to Contractor or ceases
to be in his employ.When a superintendent is on vacation or otherwise absent,a
substitute against whom Owner may have no reasonable objection shall be
provided.
3.
Each superintendent shall represent Contractor in his absence and all
communication to him will be as binding as if given to Contractor.4.
Duty to Examine and Compare Contract DocumentsB.
Before starting and throughout the progress of the work,Contractor shall
carefully re-examine and compare the contract documents and check and verify
all figures shown thereon and all field measurements.He shall at once report in
writing to Owner any conflict,error,or discrepancy which he may discover and
obtain an interpretation from Owner before proceeding with any work affected
thereby.
1.
Any conflict,error,or discrepancy discovered by Contractor or which it should
have discovered through examinations and comparisons and which is not
reported at least ten (10)days before the date scheduled for starting that portion
2.
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Page 116
The Owner will furnish all materials required for the work covered in these
specifications except the following:
1.
Fastening material;bolts,nuts,washers,locknutsa.
b.Concrete
The Contractor accepts full responsibility for all materials furnished by the
Owner until construction has been accepted by the Owner.
Unless otherwise specified,all materials shall be new and of good quality.All
workmanship shall be of good quality and free from defects.
2.
All materials incorporated in the work shall be designated to meet the applicable
safety standards of Federal,State and local laws and regulations.
3.
Contractor shall,if required,furnish satisfactory evidence as to the source,kind
and quality of materials.
4.
Contractor shall furnish proper tools and equipment and the services of all
linemen,laborers,and other employees necessary in the construction and
execution of the work and the placing of all equipment in service.
5.
All equipment and materials shall be applied,installed,connected,constructed,
used,cleaned and conditioned in accordance with the instructions of the
applicable manufacturer,fabricator,or processor,except as otherwise provided
in the contract document.
6.
Employees of Contractor shall be competent and willing to perform the work
required of them.Any employee who is disorderly,intemperate or incompetent,
or who neglects or refuses to perform his work shall be discharged and shall not
be re-employed except with consent of Owner.Contractor shall discharge any
employee found incompetent by the Owners.
7.
Contractor shall not make any claim for an increase in the contract price by
reasons of jurisdictional disputes or other labor troubles of any kind by its
employees or employees of any subcontractor,supplier or manufacturer.
8.
SubmittalsF.
The work includes the preparation and submission of all compliance submittals,
schedules,certificates and other submittals specified or required for coordination
of the work with Owner’s project,to show that the contract documents and that
all provisions thereof will be met with respect to completion on time,payments,
and protection of Owner’s interests.
1.
Contractor shall transmit all such submittals to Owner for acceptance unless
otherwise specified,and shall make all modifications requested.
2.
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Page 117
time,although the extension of time may be recommended by Owner if he
deems it in the interest of the work.
Owner’s Right to Terminate ContractD.
Owner,upon the certification that sufficient cause exists to justify such action,
may,without prejudice to any other right or remedy,and after giving Contractor
and his surety (10)days written notice,terminate the services of Contractor and
take possession of any or all sites and all equipment,materials,tools,and
construction equipment thereon and finish the work by whatever method he may
deem expedient if Contractor becomes unacceptable for any of the following
(but not limited to)reasons:
1.
If he is adjudges as bankrupt or insolvent.a.
If he makes a general assignment of the benefits of his creditors.b.
If he files a petition to take advantage of any debtor’s act or reorganize
under the bankruptcy or similar laws.
c.
If a trustee or receiver is appointed for Contractor or for any of his
property.
d.
If he persistently or repeatedly refuses or fails,except in cases for which
extension of the contract time is provided,to supply proper supervision,
acceptable equipment or materials,or enough properly skilled workman,
tools and construction equipment.
e.
f.If he fails to make prompt payments to subcontractors,suppliers or
manufacturers for labor,equipment or materials.
If he persistently disregards laws,ordinances or the authority of Owner’s
representative.
g -
If he is guilty of a violation of any provisions of the contract documents.h.
In such case,Contractor shall not be entitled to receive any further payment until
the work is finished.
2.
In the event the unpaid balance of the contract price exceeds the direct and
indirect costs of finishing,or otherwise obtaining,the work including
compensation for additional engineering,managerial,and administrative
services,the Contractor shall be paid for the completed work only.
3.
If such costs exceed such unpaid balance,Contractor shall pay the difference to
Owner.
4.
Use of Completed WorkE.
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Owner’s representative will issue with reasonable promptness such written
interpretations of the contract documents (in the form of drawings or otherwise)as he
may determine necessary,which shall be consistent with or reasonably inferable for the
overall intent of the contract documents.If Contractor believes that a written
interpretation amounts to a change in the work,he shall so state in writing to Owner’s
representative.
Visits to SitesD.
Owner’s representative will make periodic visits to the sites to observe the process and
quality of the executed work and to determine,in general,if the work is proceeding in
accordance with the contract documents.The Owner’s representative will not be
required to make exhaustive or continuous inspections to check the quality or quantify
the work.Owner’s representative will keep him informed of the progress of the work.
Authority to Disapprove or Reject Defective WorkE.
All equipment and materials used and all work done will at all times be subject
to the inspection and approval of Owner’s authorized representative.
1.
Owner’s representative has authority to disapprove or reject work which is
“defective”(which term is defined in these General Conditions,Article “Rules
Governing Acceptance of the work”).He also has authority to require special
inspection or testing of the work as provided in these General Conditions
whether or not the work is fabricated,installed or completed.
2.
Owner’s representative and his assistants will conduct observations of the work
in progress to determine that it is proceeding in accordance with the contract
documents.
3.
Limitations on Owner’s Representative ’s ResponsibilitiesF.
Neither Owner’s representative’s authority to act under these General Conditions
nor any decision made by him in good faith either to exercise or not exercise
such authority will give rise to any duty or responsibility of Owner’s
representative to Contractor,any subcontractor,supplier or manufacturer,any of
their agents or employees,not employees,or any other person performing any of
the work.
1.
Owner’s representative or his consultant are not responsible for the construction
means,methods,techniques,sequences or procedures,or the safety precautions
and programs incident thereto.Neither is he responsible for Contractor’s failure
to perform the work in accordance with the contract documents.
2.
3.Owner’s representative or his consultant are not responsible for the acts or
omissions of the Contractor or any supplier,manufacturer,or any of his or their
agents or employees,or any other persons performing any of the work.
39
Page 119
contingencies will be mutually agreed upon by the Owner and Contractor and
documented on a written authorization for each separate change.The Owner
will make the decision whether to handle the work change as a minor one or as a
change to the contract.
If the Contractor claims that by instruction,request,drawing,specifications,or
other directive or action of the Owner constitutes a change in the contract,but
has not received written notice by the Owner,the Contractor shall provide
written notice or a claim or dispute to the Owner within 5 days of the request for
authorization.The contractor shall not proceed with any work in dispute or
where a claim is pending without a written authorization from the owner.
Changes to the Contract PriceB.
The contract price may only be adjusted by a change order.The contract price
constitutes the total compensation payable to Contractor for performing the
work.All duties,responsibilities and obligations assigned to or undertaken by
Contractor in accomplishing the work shall be at his expense.The cumulative
amount of change orders,to include contingencies,may not exceed twenty five
percent (25%)of the original contract price amount.
1.
Renewal of labor contracts at higher wage rates will not be grounds for
adjustment to the contract price.
2.
Adjustments to the contract price for extra work or changes ordered by Owner
will be determined by one or more of the following methods:
3.
By a lump sum price.a.
By unit prices named in the bid or as otherwise agreed.b.
By Contractor’s cost plus a fixed fee.c.
d.By Contractor’s cost plus a percentage.
The Contractor’s cost is hereby defined for purposes of this article to be the
amounts required to pay subcontractors plus the costs of his own work as
follows:
4.
Labor Costsa.
The payroll cost for all workmen such as foremen,linemen,
craftsmen,and laborers shall be by certified payroll.
1)
All incidental labor expenses incurred as a direct result of the
performance of the work,including payroll taxes,Worker’s
Compensation,pension and retirement allowances,and social
security insurance,or other regular payroll charges on same.
2)
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Contractor shall keep and present in an acceptable form,an accurate
account with vouchers of the several items of cost,including changes or
extra work done under methods 3.b.,3.c.or 3.d.
h.
Changed work will be adjusted considering separately the parts of work added
and the parts omitted.Amount of adjustment for parts omitted will be estimated
at the time the omission is authorized,and the agreed adjustment will be
deducted from subsequent Owner’s Pay Estimates.
5.
Statements for additional or changed work shall be rendered by Contractor not
later than ten (10)days after completion of each assignment of additional or
changed work provided of a change order,and if found correct will be accepted
by Owner and submitted of repayment with the next Owner’s Pay Estimate.
6 .
Owner reserves the right to obtain any or all work from persons or firms other
than Contractor.
7.
Contractor is not entitled to claim damages for anticipated profits on any portion
of the work that may be omitted.
8.
Statement shall be in the hands of Owner within such time as will allow a full
consideration of the basis for the claim,and in no case later than ten (10)days
after the work has been completed or damages sustained.Any change to the
contract price arising from any claim will be incorporated in a change order.
9.
Changes to the Contract TimeC.
The contract time may only be adjusted by a change order.Contractor,in
undertaking to complete the work within the contract time,had taken into
consideration and made allowances for all of the ordinary delays and hindrances
incident to such work,whether growing out of delays in securing equipment or
material or workman or otherwise.
1.
Adjustments to the contract time will be made for delays in completion of the
work from causes beyond Contractor’s control,including the following:
2.
Federal embargoes,priority orders,or other restrictions imposed by the
United States Government.
a.
Unusual delay in fabrication or shipment of equipment or materiel
requiring in the work,whether ordered by Contractor of furnished by
Owner or others under separate contract.
b.
Delays caused by court proceedings.c.
d.Change orders.
Neglect,delay or default of any other contractor employed by Owner.e.
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of readiness thereof.Contractor shall deem all responsibility of such inspections
and shall furnish Owner the required certificates of inspection or approval.
Inspections called for in these contract documents not otherwise prescribed by
law will be in accordance with standards set forth in the specification.
2.
No inspection or approval will be construed to relieve Contractor from his
obligations to perform the work in accordance with the contract documents.
3.
Defective WorkD.
The term “defective”is used in these documents to describe work that is
unsatisfactory,faulty,not in conformance with the requirements of the contract
documents,or not meeting the requirements of any inspection,test,approval or
acceptance required by law or the contract documents.
1.
Any defective work may be disapproved or rejected by Owner’s Representative
at any time before final acceptance even though it may have been overlooked
and included in a previous Estimate.
2.
Contractor shall furnish samples of questionable materials from completed work
for testing purposes when requested by Owner’s Representative.All costs in
connection with the testing of materials proven to be defective shall be paid by
Contractor through a deductive contract modification.If such tests prove the
materials to be acceptable,their costs will be paid by Owner.
3.
Prompt notice will be given by Owner’s Representative to Contractor of all
defects as they become evident.
4.
Stopping Defective Work in ProgressE.
If the work is defective,or Contractor fails to supply sufficient skilled workmen or
suitable equipment or materials,Owner may order Contractor to stop the work or any
portion thereof until the cause for such order has been eliminated;however,this right of
Owner to stop the work will not give rise to any duty on the part of Owner to exercise
this right for the benefit of Contractor or any other party.This shall not delay the
completion of the Project.
Removal and Replacement of Rejected Defective WorkF.
All rejected defective work,whether or not fabricated,installed or completed,
shall be removed from the sites and replaced with acceptable work.
1.
If Contractor does not remove and replace such rejected work within a
reasonable time,as specified in a written notice from Owner’s Representative,
Owner may,as provided in these General Conditions:
2.
Withhold payment,ora.
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replaced and all direct and indirect costs of such correction or removal and
replacement,including compensation for additional professional services,shall
be paid by Contractor.
Contractor shall also bear the expense of making good all other work destroyed
or damaged by the correction or removal and replacement of the defective work.
3.
Owner shall give notice of observed defects with reasonable promptness.4.
Under emergency conditions Owner may remedy defective work without waiting
for action by Contractor.Owner will notify Contractor immediately of the
circumstances and actions taken and Contractor shall pay all reasonable
substantiated costs of such action.
5.
Neither the foregoing,nor any provisions in the contract documents,not any
special guarantee time limit,shall be held to limit Contractor’s liability for
defects to less than the legal limit of liability in accordance with the law.
6.
XXII.PAYMENTS.RELEASE OF LIENS AND COMPLETION
Payments to ContractorA.
Upon completion by the Contractor of the construction of the Project and
acceptance by the Owner’s Representative,the Owner shall make payment to the
Contractor of all amounts to which the Contractor shall be entitled.
1.
No payment shall be due while the Contractor is in default in respect of any of
the provisions of this Contract and the Owner may withhold from the Contractor
the amount of any claim by a third party against either the Contractor or the
Owner based upon an alleged failure of the Contractor to perform the work
hereunder in accordance with the provisions of this Contract.
2 .
Payments to SuppliersB.
The Contractor shall pay each supplier,if any,within five (5)days after receipt of any
payment from the Owner,the amount thereof allowed the Contractor for and on account
of materials furnished by each supplier.
Contractor’s Warranty of TitleC.
Contractor warrants and guarantees that title to all work,equipment and materials
covered by an application for payment,whether incorporated in the work or not,will
pass to Owner at the time of payment,free and clear of al liens,claims,security interests
and encumbrances (referred to in these General Conditions as liens).
Payments WithheldD.
Owner may,when so advised by his Representative,withhold or,on account of
subsequently discovered by an application for payment,whether incorporated in
1.
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Contractor’s Continuing ObligationG.
Contractor’s obligation to perform and complete the work in accordance with the
contract documents shall be absolute.Neither preparation of any partial of final pay
estimate by Project Representative,nor the issuance of a certificate of substantial
completion,not any payment by Owner to Contractor under the contract documents,nor
any utilization of the work or any part thereof ,nor any of acceptance by Owner nor any
failure to do so,nor any failure to give prompt notice,nor any correction of defective
work by Owner will constitute an acceptance of work not in accordance with the
contract documents.
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LABOR-RELATED REGULATIONS
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor agrees to comply,and cause each subcontractor,if any,to comply with the latest federal
and state laws,regulations,and directories pertaining to equal opportunity employment in connection
with this contract,including,but not limited to,employment,procurement of materials,and lease of
equipment therefor.
Contractor’s Representations.The contractor represents that:A.
,100 or more employees,and if it has,that it has,
,furnished the Equal Employment Opportunity —
Employees
Information Report EEO-1,Standard Form 100,required of employers with 100 or more
employees pursuant to Executive Order 11246 and Title VII of the Civil Rights Act of 1964.
,does not haveIthas
,has not
The contractor agrees that it will obtain,prior to the award of any subcontract for more than
$10,000 hereunder to a subcontractor with 100 or more employees,a statement,signed by the
proposed subcontractor,that the proposed subcontractor has filed a current report on Standard
Form 100.
The Contractor agrees that if it has 100 or more employees and has not submitted a report on
Standard Form 100 for the current reporting year and that if this Contract will amount to more
than $10,000,the Contractor will file such report,as required by law,and notify the Owner in
writing of such filing prior to the Owner’s acceptance of this Proposal.
Equal Opportunity Clause.During the performance of this Contract,the Contractor agrees as
follows:
B.
The Contractor will not discriminate against any employee or applicant for employment
because of race,color,religion,sex,or national origin.The Contractor will take
affirmative action to ensure that applicants are employed,and that employees are treated
during employment without origin.Such action shall include,but not be limited to the
following:Employment,upgrading,demotion or transfer;recruitment or recruitment
advertising;layoff or termination;rates of pay or other forms of compensation;and
selection for training,including apprenticeship.The Contractor agrees to post in
conspicuous places,available to employees and applicants for employment,notices to
be provided setting forth the provisions of this Equal Opportunity Clause.
1.
The Contractor will,in all solicitations or advertisements for employees placed by on
behalf of the Contractor,state that all qualified applicants will receive consideration for
employment without regard to race,color,religion,sex,or national origin.
2 .
The Contractor will send to each labor union or representative or workers,with which it
has a collective bargaining agreement or other contractor or understanding,a notice to
be provided advising the said labor union or worker’s representatives of the
Contractor’s commitments under this section,and shall post copies of this notice in
conspicuous places available to employees and applicants for employment.
3.
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SPECIFICATIONS FOR DISTRIBUTION FACILITIES
CONSTRUCTION
Scope of Work1.0
The work covered by this Proposal embraces the complete construction of new electric power
distribution lines with associated facilities as specified in the Acceptance,and omissions or
discrepancies notwithstanding.Deviations from the Plans,Specifications for Construction
Drawings shall not be permitted without the permission of the Owner.
General1.1
These specifications are intended to describe the detailed requirements for the
construction of electric distribution facilities.
Description of FacilitiesA.
Location:The distribution facilities are located in the City of Sanger
electric service area.
1.
Type:The new lines will be constructed as a single pole,single circuit,
12.5 kV.2.
Description of WorkB.
In general,the City of Sanger Distribution facilities construction shall consist of
constructing the following:
Relocating approximately 1,600 circuit feet of three phase,12.5 kV distribution
feeder line and associated facilities as shown in the construction drawings and as
per these specifications.
Contractor’s ResponsibilityC.
The Contractor shall be responsible for,but not limited to the following work.
Purchase and furnish all material necessary for completion of the project
except for that material specifically designed as Owner furnished.
1.
Accept delivery of all Owner furnished material,
transport all materials to the job site and assume responsibility for them.
Contractor shall2.
Furnish all labor,equipment,and supervision necessary to construct the
complete transmission and distribution line relocation with associated
facilities in accordance with these specifications
3.
The Contractor shall check all work carefully and advise the Owner of
any errors or omissions discovered.The Contractor shall not take
advantage of any errors,discrepancies,or omissions.Instructions will be
4.
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between the parties as to their relationships during conduct of the work.The
conference shall be attended by Contractor and the Owner’s Representative.
Work Progress Schedule:C.
The work schedule shall be in a graphic format suitable for displaying
scheduled and actual progress.
1.
The schedule shall show the work broken down into major phases and
key items.The dates work is expected to begin and be completed shall
be shown for each item.
2 .
Owner’s Representative will review and comment on schedule,and upon
agreement with Contractor for any necessary changes,the Contractor will
furnish Representative three (3)copies of the accepted schedule.
Contractor shall not change the accepted work progress schedule without
prior concurrence of Representative.
3.
Contractor shall submit to Representative for acceptance an updated
schedule at least once every month which shall show actual progress and
any proposed changes in the schedule of remaining work.
4.
Work Progress Reports :D.
Contractor shall submit a weekly report on actual project progress.1.
Work progress reports shall consist of marked copies of the accepted
work progress schedule and a narrative report which shall include,but
not limited to,the following:
2.
A description of current and anticipated delaying factors,if any.a.
Impact of any possible delaying factors.b.
Proposed corrective actions.c.
Should completion of key items fall behind the accepted schedule to an
extent that completion of the work within the contract time appears
doubtful,Contractor shall at no change in the contract price take
whatever action necessary to complete on schedule.
3.
Coordination ConferenceE.
A coordination conference shall be held as requested by
Owner/Representative.Contractor and Owner/Representative shall be
represented at each conference.
1.
Contractor shall be prepared to discuss the current work progress report
and any anticipated future changes to the schedule
2 .
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All signs of contractors shall be placed in appropriate locations where
they will not obstruct traffic or construction operations as per local and
state requirements.
1 .
They shall be removed upon completion of the work.2 .
Fire ProtectionH.
Contractor shall be responsible for development of a temporary fire
prevention’s and protection program for all his work at the sites.
1.
The program shall comply with the applicable provisions for safety and
protection set forth in the General Conditions and with applicable parts
of the National Fire Protection Association Standard No.241,Building
Construction Operations.
2 .
Should construction fires occur,all equipment provided under this and
other contracts shall be used effectively to control and extinguish the fire
regardless of the cause,and all personnel at the construction sites shall be
directed by all contractors to assist in fighting the fire prior to and after
arrival of the local fire department personnel,
equipment to be equipped with fire extinguishers.
3.
All construction
Cleaning UpI.
Contractor shall keep the construction site free at all times from
accumulations of waste materials and rubbish caused by construction
operations and employees.His responsibilities shall include:
1.
Adequate trash receptacles about each site,emptied promptly
when filled.
a.
Periodic cleanup to avoid hazards or interference with operations
at each site and to maintain each site in a reasonably neat
condition.
b.
The keeping of construction materials,such as forms,and
scaffolding,neatly stacked.
c.
Contractor shall perform final cleanup prior to Owner’s acceptance of the
work.His final cleanup shall include:
2.
Removal of dirt and unsightly substances from all visible surfaces
and areas.
a.
Removal of deleterious substances from all parts of the work.b.
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Responsibility3.1
The Contractor is responsible to provide any and all material required for a complete
installation that is not Owner furnished.The Contractor is responsible to verify all
equipment as specified and to verify the quantities as specified.
Storage of Equipment and Materials3.2
Project Representative shall be advised of any arrangements made for storage of
equipment or materials in a place other than Owner’s site and evidence of insurance
coverage shall be furnished with any application for payment therefor in conformance
with the General Condition.
Poles4.0
The poles to be used in this project shall be Owner furnished and of the size and
quantity as shown on the construction drawings.
4.1
The contractor shall be responsible for transporting poles from the Owner’s storage yard
to the construction site.
4.2
The contractor shall be responsible for loading and unloading all poles.4.3
Poles shall be set at points shown on the plans and/or staked in the field.All poles shall
be plumb and in line except when raked as shown in the plans.Holes shall be dug with
straight sides to the calculated setting depth and of sufficient diameter as to permit a
tamping bar around all sides of the pole.Pole setting depths are calculated as 10%of
the pole height plus 2 feet.Poles shall be plumbed and immediately tamped with loose
dirt.Vegetable matter or wet dirt will not be permitted as backfill material.Air or
hydraulic tampers shall be used while tamping poles and not more than 4 inches of loose
dirt at a time shall be placed around the poles while they are being tamped.Tamping of
poles shall continue until the tamped earth reaches the ground surface and the pole is
firmly set.Loose earth shall be banked around tamped poles to form a 45°berm about
the base of the pole at least eight inches above the ground surface.
4.4
Line Conductor Installation5.0
The stringing of line conductors shall be carefully controlled for proper tension and sag
so as not to injure the conductors.Experienced supervision,linemen and properly
designed equipment shall be employed and used to insure proper and safe installation of
the conductors.Sufficient tension shall be maintained in the conductor paid out to
avoid its being twisted,kinked or subjected to excessive sag.Installation shall be such
as to prevent nicking,cutting or otherwise allow damage to the conductor.Methods of
installing the conductor that require its being pulled along the ground or subjected to
treatment that may cause abrasion or kinking of the wire will not be permitted.
5.1
Splices shall be made only where required and only one splice per span will be
permitted.
5.2
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LIST OF DRAWINGS
IH35 Station 2593+00 -2635+00,Sheets 1 &2
IH35 Station 2593+00 -2635+00 Plan &Profile,Sheet 1
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 10.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Mike Prater, Superintendent
ITEM/CAPTION:
FM 455 UTILITY RELOCATION TXDOT STANDARD UTILITY AGREEMENT (ELECTRIC)
Consider a Standard Utility Agreement for Electric Utility relocation associated with the FM 455 Expansion Project,
and authorizing the Mayor to execute the agreement and approve any subsequent amendments and further authorizing
the City Manager to issue a Notice to Proceed. (Prater)
AGENDA TYPE: Regular
ACTION REQUESTED:
BACKGROUND:
The proposed FM 455 Highway Project will necessitate the adjustment, removal, and/or relocation of certain
facilities of the City of Sanger as indicated in the following statement of work: From STA 2593+00 To STA
2635+00 which is in response to the IH35 Expansion Project, as specifically shown in the Utility’s plans, specifications
and estimated costs, which are attached to Agreement as Attachment “A”.
The State will participate in the costs of the adjustment, removal, and relocation of certain facilities to the extent as
may be eligible for State and/or Federal participation. The State, upon receipt of evidence it deems sufficient,
acknowledges the Utility’s interest in certain lands and facilities that entitle it to reimbursement for the adjustment,
removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above.
The State will pay to the Utility the costs incurred in adjustment, removal, and relocation of the Utility’s facilities up
to the amount said costs may be eligible for State participation.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
Anticipated Reimbursement of $208,868.70
FUNDS:
Page 134
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 10.AGENDA MEETING DATE: August 16, 2021TO: John Noblitt, City ManagerFROM: Mike Prater, SuperintendentITEM/CAPTION:FM 455 UTILITY RELOCATION TXDOT STANDARD UTILITY AGREEMENT (ELECTRIC)Consider a Standard Utility Agreement for Electric Utility relocation associated with the FM 455 Expansion Project,and authorizing the Mayor to execute the agreement and approve any subsequent amendments and further authorizingthe City Manager to issue a Notice to Proceed. (Prater)AGENDA TYPE: RegularACTION REQUESTED: BACKGROUND:The proposed FM 455 Highway Project will necessitate the adjustment, removal, and/or relocation of certainfacilities of the City of Sanger as indicated in the following statement of work: From STA 2593+00 To STA2635+00 which is in response to the IH35 Expansion Project, as specifically shown in the Utility’s plans, specificationsand estimated costs, which are attached to Agreement as Attachment “A”.The State will participate in the costs of the adjustment, removal, and relocation of certain facilities to the extent asmay be eligible for State and/or Federal participation. The State, upon receipt of evidence it deems sufficient,acknowledges the Utility’s interest in certain lands and facilities that entitle it to reimbursement for the adjustment,removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above.The State will pay to the Utility the costs incurred in adjustment, removal, and relocation of the Utility’s facilities upto the amount said costs may be eligible for State participation.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:Anticipated Reimbursement of $208,868.70
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval of the Standard Utility Agreement with TxDOT.
ATTACHMENTS:
Description Upload Date Type
TxDOT Standard Utility Agreement for Electric FM 455 IH35 8/11/2021 Cover Memo
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 11.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Jim Bolz, Public Works Director
ITEM/CAPTION:
FM 455 UTILITY RELOCATION AWARD OF CONTRACT
Consider awarding a bid and approving a contract with Quality Excavation, LLC for the FM 455/IH 35 Utility
Relocation Project; and, authorizing the Mayor to execute the agreement, and further authorizing the City Manager to
issue a Notice to Proceed contingent upon receiving all contract documentation and TxDOT executing the Standard
Utility Agreements. (LaPiene/Bolz)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval, Contract/Agreement
BACKGROUND:
Due to TXDOT's expansion of FM 455/IH 35, the City of Sanger has to relocate water lines and sanitary sewer lines
into new rightofway.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
As per the Contract Agreement, the Contractor will accept as full compensation the sum of $4,546,550.20 (subject to
adjustments as provided by the Contract) for all work covered by and included in the Contract Award.
FUNDS:
Enterprise Capital Project Funds
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval with the following contingencies: upon receiving all contract documentation and TxDOT
executing the Standard Utility Agreements.
Page 160
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 11.AGENDA MEETING DATE: August 16, 2021TO: John Noblitt, City ManagerFROM: Jim Bolz, Public Works DirectorITEM/CAPTION:FM 455 UTILITY RELOCATION AWARD OF CONTRACTConsider awarding a bid and approving a contract with Quality Excavation, LLC for the FM 455/IH 35 UtilityRelocation Project; and, authorizing the Mayor to execute the agreement, and further authorizing the City Manager toissue a Notice to Proceed contingent upon receiving all contract documentation and TxDOT executing the StandardUtility Agreements. (LaPiene/Bolz)AGENDA TYPE: RegularACTION REQUESTED: Approval, Contract/Agreement BACKGROUND:Due to TXDOT's expansion of FM 455/IH 35, the City of Sanger has to relocate water lines and sanitary sewer linesinto new rightofway.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:As per the Contract Agreement, the Contractor will accept as full compensation the sum of $4,546,550.20 (subject toadjustments as provided by the Contract) for all work covered by and included in the Contract Award.FUNDS:Enterprise Capital Project FundsSTAFF RECOMMENDATION/ACTION DESIRED:Staff recommends approval with the following contingencies: upon receiving all contract documentation and TxDOTexecuting the Standard Utility Agreements.
ATTACHMENTS:
Description Upload Date Type
Bid Opening Tally Sheet As Read 8/12/2021 Backup Material
Bid Opening Tally Verified 8/12/2021 Backup Material
Recommendation of Award 8/12/2021 Backup Material
Contract Quality Excavation LLC 8/12/2021 Cover Memo
Page 161
DEC PROJECT NUMBER:514301
PROJECT TITLE:City of Sanger FM 455 Utility Relocations
APPROXIMATE CONSTRUCTION COST:$4,405,633.00
BID OPENING DATE:Tuesday - August 10, 2021
BID OPENING LOCATION:City of Sanger City Hall
OPENING TIME:2:00 PM
X X
X X
X X
X X
X X
X X
Quality Excavation LLC
Western Municipal of Texas
Atkins Brothers Equipment
Canary Construcion Inc.
Dickerson Construction
TIMCO-Services
Excel 4 Construction
BID OPENING TALLY SHEET AS PRESENTED ON AUGUST 10, 2021
Addendum #1 BASE BID
TOTALBid BondBidder (Contractor)
4,546,550.20$
5,813,483.30$
6,621,181.00$
6,245,447.00$
4,940,295.50$
5,516,801.00$
Non Responsive
G:\1220\5143-01 City of Sanger\01 - FM 455 Utility Relocations\CIV CAST Bid Docs\Bid Opening Tally\514301 Bid Opening Tally Sheet - As Read
Page 162
DEC PROJECT NUMBER:514301
PROJECT TITLE:City of Sanger FM 455 Utility Relocations
APPROXIMATE CONSTRUCTION COST:$4,405,633.00
BID OPENING DATE:Tuesday - August 10, 2021
BID OPENING LOCATION:City of Sanger City Hall
OPENING TIME:2:00 PM
X X
X X
X X
X X
X X
X X
4,546,550.20$
5,813,483.30$
6,482,431.00$
6,065,447.00$
4,940,295.50$
5,516,801.00$
Non Responsive
BID OPENING TALLY SHEET AS VERIFIED ON AUGUST 10, 2021
Addendum #1 BASE BID
TOTALBid BondBidder (Contractor)
Quality Excavation LLC
Western Municipal of Texas
Atkins Brothers Equipment
Canary Construcion Inc.
Dickerson Construction
TIMCO-Services
Excel 4 Construction
G:\1220\5143-01 City of Sanger\01 - FM 455 Utility Relocations\CIV CAST Bid Docs\Bid Opening Tally\514301 Bid Opening Tally Sheet - Verified
Page 163
3030 LBJ Freeway, Dallas, Texas 75234
To: Tracy LaPiene, P.E.
CC: Alina Ciocan
From: Danny Everett, P.E.
Date: 8/11/2021
Re: City of Sanger FM 455/IH 35 Utility Relocations Recommendation of Award
Mr. LaPiene,
The City of Sanger FM 455/IH 35 Utility Relocations project bid opening was held at City Hall on August 10, 2021 at 2:00PM. The
project consists of the relocations of water lines and sanitary sewer lines along FM 455 and IH 35 in the City of Sanger.
Six qualified bids were received, and one bid deemed non-responsive after consultation with City staff, thus rejected as outlined
in the attached summary of bids. Timco-Services did not acknowledge the addendum as required in Addendum 1. We present
the first qualified low bidder, Quality Excavation. The Engineers Cost Estimate was $4,405,633.00. The verified low bid of
$4,546,550.20 was received from Quality Excavation, LLC.
DEC has verified references on Quality Excavation, LLC and found them to be qualified to perform the work for the relocations of
water lines and sanitary sewer lines along FM 455 and IH 35 in the City of Sanger. DEC therefore recommends the award of the
contract to Quality Excavation, LLC. Should you have any comments or questions regarding this recommendation please feel free
to contact me. DEC looks forward to continuing to work with the City of Sanger and TxDOT on the construction phase portion of
this project.
Sincerely,
Danny Everett, P.E.
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 12.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Jim Bolz, Public Works Director
ITEM/CAPTION:
FM 455 UTILITY RELOCATION DANNENBAUM PSA ADDENDUM 5
Consider approving and authorizing the Mayor to execute Addendum 5 to the Engineering Contract with Dannenbaum
Engineering Company, Dallas LLC for FM 455 Water and Wastewater Utilities Relocations. (LaPiene/Bolz)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
The City requests that the agreement be revised to provide for Inspection and Material Testing Services.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
Increase contract: $268,403.94
FUNDS:
Capital Enterprise Fund
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
Addendum No. 5 8/12/2021 Exhibit
Page 268
DEC PROJECT #516301
ADDENDUM No. 5
TO AGREEMENT FOR PROFESSIONAL SERVICES
(City of Sanger, DEC Project # 514301)
This Addendum to the AGREEMENT FOR ENGINEERING SERVICES (the
“Agreement”) is for additional Professional Engineering Services for Construction
Inspection and Material Testing Services (the “Addendum”) is by and between the City of
Sanger (the “Owner”) and Dannenbaum Engineering Company, Dallas LLC (“Engineer”),
to be effective the ____th day of August, 2021.
WHEREAS, the Owner and Engineer originally entered into an Agreement for
Professional Engineering Services, dated December 3, 2018 (the “Agreement”) to
perform certain professional design services required; and
WHEREAS, the Owner and Engineer now desire to amend the original Agreement
to support Construction Inspection and Material Testing Service during the construction
of the Utility Relocation in Advance of the TxDOT FM 455 Improvement project as
reflected herein.
NOW, THEREFORE, the Owner and Engineer, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
1. Scope of Work – Also See Exhibit “A”
a. Scope of Services for Construction Inspection will be performed by VRX
(a sub consultant) and Basis of Payment will be $24,822.66 per month
fee shall be made a part of the Agreement for all purposes. Sub
consultant fee includes monthly truck rate and for 6 days per week
inspection services.
b. Material Testing Services will be billed additionally at a time and
material basis with a Monthly allowance of $5,000.00. Any Special
Services by VRX must be approved by the OWNER in writing before any
authorization to proceed is given.
Basis of Payment – Lump Sum Basis based upon attached work breakdown schedule
The lump sum shall be equal to the maximum amount payable and based on an approved work
breakdown schedule and Level of Effort proposal. The lump sum includes all direct and indirect
costs and fixed fee. The ENGINEER shall be paid pro rata based on the percentage of work
completed and per the provided draw schedule (if applicable). For payment, the ENGINEER is
not required to provide evidence of actual hours worked, travel, overhead rates or other
evidence of cost.
Special Services Rate Basis
Special Services or additional services will be billed at the specified rates for each billing
classification are shown in the Dannenbaum Engineering Company latest Hourly Rate Schedule.
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DEC PROJECT #516301
Payment shall be based on actual hours worked multiplied by the specified personnel rate which
includes direct labor and indirect cost and fixed fee.
Attachments:
Exhibit “A” – Construction Inspection Services for the Utility Relocation in Advance of the
TxDOT FM 455 Improvement
Attest:
_____________________________
Kelly Edwards, City Secretary
Approved to Form And Legality
_____________________________
City Attorney
Approved By: City of Sanger
_____________________________
Thomas Muir, Mayor
_____________________________
Danny Everett, P.E.
Director of Transportation – North Texas
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DEC PROJECT #516301
EXHIBIT A
FM 455/IH 35 CITY OF SANGER WATER AND WASTEWATER UTILITY RELOCATIONS
INSPECTION AND MATERIAL TESTING SERVICES
A. TESTING SERVICES
Monthly Breakdown for Inspection Services (6 Day Work Week) $23,822.66
Monthly Truck Rate $1,000.00
SUBTOTAL FOR MONTHLY INSPECTION COST $24,822.66
B. MATERIAL TESTING
Material Testing Monthly Allowance $5,000.00
SUBTOTAL FOR MATERIAL TESTING MONTHLY ALLOWANCE $5,000.00
Contract Assumptions:
-Contract includes cost for laboratory testing of soil properties, density gauge and any concrete
cylinder breaks
-Testing of embankment will not be required for every lift
-Concrete testing will be minimal
-Material Tester will be on an 'On Call' Basis
TOTAL MONTHLY COST FOR INSPECTION AND MATERIAL TESTING $29,822.66
PROJECT DURATION - 9 MONTHS
GRAND TOTAL PROJECT COST (9 MONTHS) $268,403.94
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 13.a.
AGENDA MEETING DATE: August 16, 2021
TO: John Noblitt, City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
ATMOS RATE FILING RIDER GCR
AGENDA TYPE:
ACTION REQUESTED:
BACKGROUND:
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
FUNDS:
STAFF RECOMMENDATION/ACTION DESIRED:
ATTACHMENTS:
Description Upload Date Type
Atmos Rate Filing 7/30/2021 Cover Memo
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