07/19/2021-CC-Agenda Packet-RegularAGENDA
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 19, 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.Recognition of Sergeant Bishop
4.CONSENT AGENDA:
a.Approval of Minutes
1.Consider the minutes of the July 6, 2021, Work Session.
2.Consider the minutes of the July 6, 2021, Regular Session.
5.Consider Any Items Removed from Consent Agenda.
REGULAR AGENDA
6.Board and Commission appointments and reappointments
Discussion and consideration of proposed Commission and Board appointments and
reappointments. (Hammonds, Bradshaw)
7.Proposed City Manager Employment Agreement
Consider, Act and Approve a Contract for the Employment of John Noblitt for the position of City
Manager to start on July 26, 2021 and Authorize the Mayor to Execute. (Coleman)
8.House Bill 1520 Proceedings
Discussion and consideration of Resolution 070521, Authorizing the City to participate as part of a
Coalition of Cities in proceedings to be held by the Railroad Commission of Texas related to
implementation of House Bill 1520.
9.INFORMATION ITEMS:
a.All American Dog Report June 2021
Page 1
AGENDACITY COUNCIL REGULAR MEETINGMONDAY, JULY 19, 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.Recognition of Sergeant Bishop4.CONSENT AGENDA:a.Approval of Minutes1.Consider the minutes of the July 6, 2021, Work Session.2.Consider the minutes of the July 6, 2021, Regular Session.5.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA6.Board and Commission appointments and reappointmentsDiscussion and consideration of proposed Commission and Board appointments andreappointments. (Hammonds, Bradshaw)7.Proposed City Manager Employment AgreementConsider, Act and Approve a Contract for the Employment of John Noblitt for the position of CityManager to start on July 26, 2021 and Authorize the Mayor to Execute. (Coleman)8.House Bill 1520 ProceedingsDiscussion and consideration of Resolution 070521, Authorizing the City to participate as part of aCoalition of Cities in proceedings to be held by the Railroad Commission of Texas related toimplementation of House Bill 1520.9.INFORMATION ITEMS:
a.All American Dog Report June 2021
b.Atmos Energy
Update regarding GCR Rate Filing under Docket No 10170 and the corporation's Conservation
and Energy Efficiency Tariff.
10.EXECUTIVE SESSION:
Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed
Executive Session in Accordance with the Texas Government Code:
a.Government Code Section 551.072 Consultation with Attorney Deliberations Regarding
Real Property: Consult with the City Attorney to deliberate the purchase, exchange, lease or
value of real property where discussion of these legal matters in an open meeting would
conflict with the duty of the City of Attorney under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
11.RECONVENE: OPEN MEETING:
Reconvene Into Regular Session And Take Any Action Deemed Necessary As A Result Of
The Executive Closed Session.
12.FUTURE AGENDA ITEMS:
(The purpose of this item is to allow the Mayor and members of Council to bring forward items they
wish to discuss at a future meeting, A Council Member may inquire about a subject for which notice
has not been given. A statement of specific factual information or the recitation of existing policy may
be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a
subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Council
or at the call of the Mayor).
13.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.
JULY 15, 2021 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.
Page 2
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. a.1.
AGENDA MEETING DATE: July 19, 2021
TO: Jeriana Staton, Interim City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
Consider the minutes of the July 6, 2021, Work 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:
N/A
ATTACHMENTS:
Description Upload Date Type
07.06.2021 TC WS Min 7/15/2021 Cover Memo
Page 3
MINUTES
CITY COUNCIL WORK SESSION
TUESDAY, JULY 6, 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:
Interim City Manager Jeriana Staton 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, Director of Economic Development Shani Bradshaw, City
Engineer Tracy LaPiene, Director of Public Works Jim Bolz, Interim Police Chief Jonathan Perkins,
Sergeant Josh Bishop, Library Director Audrey Tolle, and Social Media Manager Laura Klenke.
1.Call Meeting to Order
Mayor Muir called the Work Session to order at 6:00 p.m.
Mayor Muir moved to Item 3 of the agenda.
Agenda Items
2.Budget Workshop
Director Gray provided a presentation and overview of the proposed budget for Fiscal Year 2021
2022.
Councilmembers viewed the following items:
Property Tax Rate – a 5year history, comparison, and 10year valuation.
General Fund – revenues and expenditures, Police Department, Animal Control, Fire Department,
Municipal Court, Development Services, Street Department, Parks, Recreation, Library, and Solid
Waste.
Discussion ensued regarding the Texas Municipal Retirement System rate change (decrease),
employee monthly insurance stipend, proposed full time positions, municipal court fee collection
State increase, contract services for the Parks Department, Safer Grant funding for Fire & EMS
positions, and facilities improvements and repairs at the Library.
Page 1Page 4
MINUTESCITY COUNCIL WORK SESSIONTUESDAY, JULY 6, 20216:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Mayor Pro Tem Gary Bilyeu, Councilmembers: Victor Gann, Marissa Barrett,Allen Chick, and Dennis Dillon.COUNCIL MEMBERS ABSENT:NoneSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton Assistant City Manager, Alina Ciocan, City Attorney HughColeman, City Secretary Kelly Edwards, Court Administrator/Deputy City Secretary Christy Dyer,Director of Finance Clayton Gray, Director of Economic Development Shani Bradshaw, CityEngineer Tracy LaPiene, Director of Public Works Jim Bolz, Interim Police Chief Jonathan Perkins,Sergeant Josh Bishop, Library Director Audrey Tolle, and Social Media Manager Laura Klenke.1.Call Meeting to OrderMayor Muir called the Work Session to order at 6:00 p.m.Mayor Muir moved to Item 3 of the agenda.Agenda Items2.Budget WorkshopDirector Gray provided a presentation and overview of the proposed budget for Fiscal Year 20212022.Councilmembers viewed the following items: Property Tax Rate – a 5year history, comparison, and 10year valuation. General Fund – revenues and expenditures, Police Department, Animal Control, Fire Department,Municipal Court, Development Services, Street Department, Parks, Recreation, Library, and SolidWaste.Discussion ensued regarding the Texas Municipal Retirement System rate change (decrease),employee monthly insurance stipend, proposed full time positions, municipal court fee collectionState increase, contract services for the Parks Department, Safer Grant funding for Fire & EMS
positions, and facilities improvements and repairs at the Library.
City Council will conduct an additional work session on July 19, 2021, to complete an overview of
the proposed budget.
3.Overview of Items on the Regular Agenda
Mayor Muir provided an overview of Item 7 regarding the Sanger Area Chamber of Commerce
Service Contract.
4.Adjourn
There being no further agenda items for discussion, Mayor Muir adjourned the Work Session
at 6:54 p.m.
Page 2Page 5
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. a.2.
AGENDA MEETING DATE: July 19, 2021
TO: Jeriana Staton, Interim City Manager
FROM:
ITEM/CAPTION:
Consider the minutes of the July 6, 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:
N/A
ATTACHMENTS:
Description Upload Date Type
07.06.2021 TC Min 7/15/2021 Cover Memo
Page 6
MINUTES
CITY COUNCIL REGULAR MEETING
TUESDAY, JULY 6, 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,
Allen Chick, and Dennis Dillon.
COUNCIL MEMBERS ABSENT:
None
STAFF MEMBERS PRESENT:
Interim City Manager Jeriana Staton 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, Director of Economic Development Shani Bradshaw, City
Engineer Tracy LaPiene, Director of Public Works Jim Bolz, Interim Police Chief Jonathan Perkins,
Sergeant Josh Bishop, Library Director Audrey Tolle, and Social Media Manager Laura Klenke.
1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.
Mayor Muir called the Regular Meeting to order at 7:03 p.m.
2.CITIZEN INPUT:
No one addressed the Council.
3.CONSENT AGENDA:
a.Approval of Minutes
1.Approval of Minutes From Work Session 062121
2.Approval of Minutes From Special Session 062621
3.Approval of Minutes From Regular Session 062121
The invocation given by Councilmember Dillion. The Pledge of Allegiance was led by
Councilmember Gann.
Page 1Page 7
MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, JULY 6, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Mayor Pro Tem Gary Bilyeu, Councilmembers: Victor Gann, Marissa Barrett,Allen Chick, and Dennis Dillon.COUNCIL MEMBERS ABSENT:NoneSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton Assistant City Manager, Alina Ciocan, City Attorney HughColeman, City Secretary Kelly Edwards, Court Administrator/Deputy City Secretary Christy Dyer,Director of Finance Clayton Gray, Director of Economic Development Shani Bradshaw, CityEngineer Tracy LaPiene, Director of Public Works Jim Bolz, Interim Police Chief Jonathan Perkins,Sergeant Josh Bishop, Library Director Audrey Tolle, and Social Media Manager Laura Klenke.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Mayor Muir called the Regular Meeting to order at 7:03 p.m.The invocation given by Councilmember Dillion. The Pledge of Allegiance was led byCouncilmember Gann2.CITIZEN INPUT:No one addressed the Council.3.CONSENT AGENDA:a.Approval of Minutes1.Approval of Minutes From Work Session 0621212.Approval of Minutes From Special Session 062621
3.Approval of Minutes From Regular Session 062121
4.Approval of Minutes From Special Session 062521
Motion made by Councilmember Dillion to approve the consent agenda as presented.
Councilmember Bilyeu seconded the motion. Motion passed unanimously.
4.Consider Any Items Removed from Consent Agenda.
REGULAR AGENDA
5.Sable Creek Phase 4 & 5 Batch Plant SUP
Conduct a Public Hearing and Consider, Discuss and Act on Ordinance # 061521 Regarding a
Specific Use Permit for a Temporary Concrete Batch Plant Use for Sable Creek Phase 4 and 5
Development; Generally Located Approximately 450 Feet South of Chapman Dr and
Approximately 450 Feet West of Creekside Dr. (Hammonds)
Mayor Muir opened the public hearing at 7:07 p.m.
Director LaPiene provided a presentation and overview of a Specific Use Permit for a Temporary
Concrete Batch Plant Use for Sable Creek Phase 4 and 5 Development. Director LaPiene also
provided an overview of the responses received within the notification area.
Mayor Muir closed the public hearing at 7:10 p.m.
Discussion ensued regarding previous Batch Plant SUPs granted and the location of the batch plant
Motion made by Councilmember Bilyeu to approve Ordinance # 061521 Regarding a Specific
Use Permit for a Temporary Concrete Batch Plant Use for Sable Creek Phase 4 and 5
Development. Councilmember Chick seconded the motion. Motion passed unanimously.
6.Levelle Addition Exterior Facade Variance
Conduct a Public Hearing and Consider, Discuss, and Possibly Act on a Variance from Chapter 3
Building Regulations Article 3.2100 Exterior Facade Design Criteria Manual. (Hammonds)
Mayor Muir recused himself for this item. Mayor Pro Tem Bilyeu presided over this item.
Mayor Pro Tem Bilyeu opened the public hearing at 7:16 p.m.
Director LaPiene provided a presentation and overview of a Variance from Chapter 3 Building
Regulations, Article 3.2100 Exterior Facade Design Criteria Manual for the Levelle Addition along
Cowling Road. Director LaPiene also provided an overview of the responses received within the
notification area.
Lee Allison, spoke in favor of the variance.
Mayor Pro Tem Bilyeu closed the public hearing at 7:21 p.m.
Motion made by Councilmember Chick to approve a Variance from Chapter 3 Building Regulations,
Page 2Page 8
MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, JULY 6, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Mayor Pro Tem Gary Bilyeu, Councilmembers: Victor Gann, Marissa Barrett,Allen Chick, and Dennis Dillon.COUNCIL MEMBERS ABSENT:NoneSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton Assistant City Manager, Alina Ciocan, City Attorney HughColeman, City Secretary Kelly Edwards, Court Administrator/Deputy City Secretary Christy Dyer,Director of Finance Clayton Gray, Director of Economic Development Shani Bradshaw, CityEngineer Tracy LaPiene, Director of Public Works Jim Bolz, Interim Police Chief Jonathan Perkins,Sergeant Josh Bishop, Library Director Audrey Tolle, and Social Media Manager Laura Klenke.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Mayor Muir called the Regular Meeting to order at 7:03 p.m.The invocation given by Councilmember Dillion. The Pledge of Allegiance was led byCouncilmember Gann2.CITIZEN INPUT:No one addressed the Council.3.CONSENT AGENDA:a.Approval of Minutes1.Approval of Minutes From Work Session 0621212.Approval of Minutes From Special Session 0626213.Approval of Minutes From Regular Session 0621214.Approval of Minutes From Special Session 062521Motion made by Councilmember Dillion to approve the consent agenda as presented. Councilmember Bilyeu seconded the motion. Motion passed unanimously.4.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA5.Sable Creek Phase 4 & 5 Batch Plant SUPConduct a Public Hearing and Consider, Discuss and Act on Ordinance # 061521 Regarding aSpecific Use Permit for a Temporary Concrete Batch Plant Use for Sable Creek Phase 4 and 5Development; Generally Located Approximately 450 Feet South of Chapman Dr andApproximately 450 Feet West of Creekside Dr. (Hammonds)Mayor Muir opened the public hearing at 7:07 p.m.Director LaPiene provided a presentation and overview of a Specific Use Permit for a TemporaryConcrete Batch Plant Use for Sable Creek Phase 4 and 5 Development. Director LaPiene alsoprovided an overview of the responses received within the notification area.Mayor Muir closed the public hearing at 7:10 p.m.Discussion ensued regarding previous Batch Plant SUPs granted and the location of the batch plantMotion made by Councilmember Bilyeu to approve Ordinance # 061521 Regarding a SpecificUse Permit for a Temporary Concrete Batch Plant Use for Sable Creek Phase 4 and 5Development. Councilmember Chick seconded the motion. Motion passed unanimously.6.Levelle Addition Exterior Facade VarianceConduct a Public Hearing and Consider, Discuss, and Possibly Act on a Variance from Chapter 3Building Regulations Article 3.2100 Exterior Facade Design Criteria Manual. (Hammonds)Mayor Muir recused himself for this item. Mayor Pro Tem Bilyeu presided over this item.Mayor Pro Tem Bilyeu opened the public hearing at 7:16 p.m.Director LaPiene provided a presentation and overview of a Variance from Chapter 3 BuildingRegulations, Article 3.2100 Exterior Facade Design Criteria Manual for the Levelle Addition alongCowling Road. Director LaPiene also provided an overview of the responses received within thenotification area.Lee Allison, spoke in favor of the variance.Mayor Pro Tem Bilyeu closed the public hearing at 7:21 p.m.
Motion made by Councilmember Chick to approve a Variance from Chapter 3 Building Regulations,
Article 3.2100 Exterior Facade Design Criteria Manual for the Levelle Addition along Cowling
Road. Councilmember Gann seconded the motion. Motion passed unanimously.
7.Sanger Area Chamber of Commerce Service Contract
Consider, Discuss and Possibly Approve and Authorize Mayor to Execute a Service Contract
Between the City of Sanger and the Sanger Area Chamber of Commerce for Hotel Occupancy Tax
Funds. (Bradshaw)
Director Bradshaw provided an overview of a Service Contract between the City of Sanger and the
Sanger Area Chamber of Commerce for Hotel Occupancy Tax Funds.
Discussion ensued regarding the reason for the increased contribution, the annual budget provided,
the 15month contract term, providing a quarterly Profit and Loss report to the City, and the
relationship between the Chamber and Economic Development.
Debbie Reaves and Kelsi Bannahan stated the increase would allow the Chamber to collaborate
with surrounding communities partnering for joint events therefore, increasing community engagement
and provide for training.
Motion made by Councilmember Bilyeu to approve and authorize Mayor to execute a Service
Contract between the City of Sanger and the Sanger Area Chamber of Commerce for Hotel
Occupancy Tax Funds for an amount not to exceed $3,500 per quarter. Councilmember Dillion
seconded the motion. Motion passed 410. Councilmember Chick opposed.
8.Contract Agreement WWTP Bar Screen Replacement Award
Consider, Discuss and Act on Approving a Contract Agreement with Taknek, LLC for the Sanger
Wastewater Treatment Plant Bar Screen Replacement Project, and Authorize the Mayor to Execute
Said Agreement. (LaPiene)
Director LaPiene provided an overview of the agreement with Takneck, LLC.
Motion made by Councilmember Chick to approve a contract with Taknek, LLC for the Sanger
Wastewater Treatment Plant Bar Screen Replacement Project and authorize Mayor to execute the
contract. Councilmember Barrett seconded the motion. Motion passed unanimously.
9.FM 455 Utility Relocation Dannenbaum PSA Addendum 4
Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute Addendum
4 to the Engineering Contract with Dannenbaum Engineering Company, Dallas LLC for FM 455
Water and Wastewater Utilities Relocations. (LaPiene)
Director LaPiene provided an overview of Addendum 4 of the Engineering Contract with
Dannenbaum Engineering Company, for the Water and Wastewater Utilities Relocations.
Discussion ensued regarding the scope of work, additional costs due to TxDOT requirements, the
abandonment of property, the timeframe for receiving reimbursements, and a future 3rd party
agreement for inspections.
Motion made by Councilmember Chick to approve and authorize Mayor to execute Addendum 4 of
the Engineering Contract with Dannenbaum Engineering Company, for the Water and Wastewater
Page 3Page 9
MINUTESCITY COUNCIL REGULAR MEETINGTUESDAY, JULY 6, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXASCOUNCIL MEMBERS PRESENT:Mayor Thomas Muir, Mayor Pro Tem Gary Bilyeu, Councilmembers: Victor Gann, Marissa Barrett,Allen Chick, and Dennis Dillon.COUNCIL MEMBERS ABSENT:NoneSTAFF MEMBERS PRESENT:Interim City Manager Jeriana Staton Assistant City Manager, Alina Ciocan, City Attorney HughColeman, City Secretary Kelly Edwards, Court Administrator/Deputy City Secretary Christy Dyer,Director of Finance Clayton Gray, Director of Economic Development Shani Bradshaw, CityEngineer Tracy LaPiene, Director of Public Works Jim Bolz, Interim Police Chief Jonathan Perkins,Sergeant Josh Bishop, Library Director Audrey Tolle, and Social Media Manager Laura Klenke.1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.Mayor Muir called the Regular Meeting to order at 7:03 p.m.The invocation given by Councilmember Dillion. The Pledge of Allegiance was led byCouncilmember Gann2.CITIZEN INPUT:No one addressed the Council.3.CONSENT AGENDA:a.Approval of Minutes1.Approval of Minutes From Work Session 0621212.Approval of Minutes From Special Session 0626213.Approval of Minutes From Regular Session 0621214.Approval of Minutes From Special Session 062521Motion made by Councilmember Dillion to approve the consent agenda as presented. Councilmember Bilyeu seconded the motion. Motion passed unanimously.4.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA5.Sable Creek Phase 4 & 5 Batch Plant SUPConduct a Public Hearing and Consider, Discuss and Act on Ordinance # 061521 Regarding aSpecific Use Permit for a Temporary Concrete Batch Plant Use for Sable Creek Phase 4 and 5Development; Generally Located Approximately 450 Feet South of Chapman Dr andApproximately 450 Feet West of Creekside Dr. (Hammonds)Mayor Muir opened the public hearing at 7:07 p.m.Director LaPiene provided a presentation and overview of a Specific Use Permit for a TemporaryConcrete Batch Plant Use for Sable Creek Phase 4 and 5 Development. Director LaPiene alsoprovided an overview of the responses received within the notification area.Mayor Muir closed the public hearing at 7:10 p.m.Discussion ensued regarding previous Batch Plant SUPs granted and the location of the batch plantMotion made by Councilmember Bilyeu to approve Ordinance # 061521 Regarding a SpecificUse Permit for a Temporary Concrete Batch Plant Use for Sable Creek Phase 4 and 5Development. Councilmember Chick seconded the motion. Motion passed unanimously.6.Levelle Addition Exterior Facade VarianceConduct a Public Hearing and Consider, Discuss, and Possibly Act on a Variance from Chapter 3Building Regulations Article 3.2100 Exterior Facade Design Criteria Manual. (Hammonds)Mayor Muir recused himself for this item. Mayor Pro Tem Bilyeu presided over this item.Mayor Pro Tem Bilyeu opened the public hearing at 7:16 p.m.Director LaPiene provided a presentation and overview of a Variance from Chapter 3 BuildingRegulations, Article 3.2100 Exterior Facade Design Criteria Manual for the Levelle Addition alongCowling Road. Director LaPiene also provided an overview of the responses received within thenotification area.Lee Allison, spoke in favor of the variance.Mayor Pro Tem Bilyeu closed the public hearing at 7:21 p.m.Motion made by Councilmember Chick to approve a Variance from Chapter 3 Building Regulations,Article 3.2100 Exterior Facade Design Criteria Manual for the Levelle Addition along CowlingRoad. Councilmember Gann seconded the motion. Motion passed unanimously.7.Sanger Area Chamber of Commerce Service ContractConsider, Discuss and Possibly Approve and Authorize Mayor to Execute a Service ContractBetween the City of Sanger and the Sanger Area Chamber of Commerce for Hotel Occupancy TaxFunds. (Bradshaw)Director Bradshaw provided an overview of a Service Contract between the City of Sanger and theSanger Area Chamber of Commerce for Hotel Occupancy Tax Funds. Discussion ensued regarding the reason for the increased contribution, the annual budget provided,the 15month contract term, providing a quarterly Profit and Loss report to the City, and therelationship between the Chamber and Economic Development.Debbie Reaves and Kelsi Bannahan stated the increase would allow the Chamber to collaboratewith surrounding communities partnering for joint events therefore, increasing community engagementand provide for training. Motion made by Councilmember Bilyeu to approve and authorize Mayor to execute a ServiceContract between the City of Sanger and the Sanger Area Chamber of Commerce for HotelOccupancy Tax Funds for an amount not to exceed $3,500 per quarter. Councilmember Dillionseconded the motion. Motion passed 410. Councilmember Chick opposed.8.Contract Agreement WWTP Bar Screen Replacement AwardConsider, Discuss and Act on Approving a Contract Agreement with Taknek, LLC for the SangerWastewater Treatment Plant Bar Screen Replacement Project, and Authorize the Mayor to ExecuteSaid Agreement. (LaPiene)Director LaPiene provided an overview of the agreement with Takneck, LLC. Motion made by Councilmember Chick to approve a contract with Taknek, LLC for the SangerWastewater Treatment Plant Bar Screen Replacement Project and authorize Mayor to execute thecontract. Councilmember Barrett seconded the motion. Motion passed unanimously.9.FM 455 Utility Relocation Dannenbaum PSA Addendum 4Consider, Discuss and Possibly Act on Approving and Authorizing the Mayor to Execute Addendum4 to the Engineering Contract with Dannenbaum Engineering Company, Dallas LLC for FM 455Water and Wastewater Utilities Relocations. (LaPiene)Director LaPiene provided an overview of Addendum 4 of the Engineering Contract withDannenbaum Engineering Company, for the Water and Wastewater Utilities Relocations.Discussion ensued regarding the scope of work, additional costs due to TxDOT requirements, theabandonment of property, the timeframe for receiving reimbursements, and a future 3rd partyagreement for inspections.
Motion made by Councilmember Chick to approve and authorize Mayor to execute Addendum 4 of
the Engineering Contract with Dannenbaum Engineering Company, for the Water and Wastewater
utilities relocations. Councilmember Bilyeu seconded the motion. Motion passed unanimously.
10.EXECUTIVE SESSION:
a.Government Code Section 551.072 Consultation with Attorney Deliberations Regarding
Real Property: Consult with the City Attorney to deliberate the purchase, exchange, lease or
value of real property where discussion of these legal matters in an open meeting would
conflict with the duty of the City of Attorney under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
b.Government Code Section 551.074 Personnel Matters; Closed Meeting to evaluate and
interview candidates for appointment to the position of City Manager.
Mayor Muir read the items for Executive Session and the Council convened into Executive Session
at 8:35 p.m.
11.RECONVENE: OPEN MEETING:
Mayor Muir and the Council reconvened into open session at 10:03 p.m.
Motion made by Councilmember Bilyeu to declare Mr. John Noblitt as a finalist and authorize the
City Attorney to tender an Employee Agreement. Councilmember Chick seconded the motion.
Motion passed unanimously.
12.INFORMATION ITEMS:
a.Disbursements June 2021
b.Capital Projects Recap July 1, 2021
c.Financial Statement May 31, 2021
No additional discussion.
13.FUTURE AGENDA ITEMS:
No future agenda items.
14.ADJOURN.
There being no further business, Mayor Muir adjourned the meeting at 10:05 p.m.
Page 4Page 10
CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 6.
AGENDA MEETING DATE: July 19, 2021
TO: Jeriana Staton, Interim City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
Board and Commission appointments and reappointments
Discussion and consideration of proposed Commission and Board appointments and reappointments. (Hammonds,
Bradshaw)
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.
The Council shall establish and maintain a list of names of qualified persons who are willing to serve to form a “pool of
alternates and members” for appointment to such boards, commissions and committees.
The Board and Commission Member List provided includes a list of new applicants and members who have requested
to be reappointment. Also included are Board and Commission applications for your review.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
Page 11
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 6.AGENDA MEETING DATE: July 19, 2021TO: Jeriana Staton, Interim City ManagerFROM: Kelly Edwards, City SecretaryITEM/CAPTION:Board and Commission appointments and reappointmentsDiscussion and consideration of proposed Commission and Board appointments and reappointments. (Hammonds,Bradshaw)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:City of Sanger Charter, Article X, Board Commission and Committees, Section 10.01, Authority The Council shallcreate, 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 serveon boards or commissions.The Council shall establish and maintain a list of names of qualified persons who are willing to serve to form a “pool ofalternates and members” for appointment to such boards, commissions and committees.The Board and Commission Member List provided includes a list of new applicants and members who have requestedto be reappointment. Also included are Board and Commission applications for your review.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
Boards and Commission Members List 7/13/2021 Cover Memo
PZ Applications 7/13/2021 Cover Memo
4A Board Applications 7/13/2021 Cover Memo
4B Board Applications 7/13/2021 Cover Memo
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BOARDS AND COMMISSION MEMBER LIST
Planning and Zoning Commission __________________________________
Three Two Year Terms
Place 1 - Shane Stone 2021-2023 Reappoint
Place 2 - Sally Amendola 2019-2022
Place 3 - Jackie Turner 2021-2023 Reappoint
Place 4 - Allen McAlister 2020-2022
Place 5 - Matt Fuller 2021-2023 Reappoint
Place 6 – Jason Miller 2020-2022
Place 7 - Philip Surles 2021-2023 Reappoint
Alternate – Bo Cooper 2020-2022
Zoning Board of Adjustment________________________________________________________
Three Two Year Terms
Place 1 - Shane Stone 2021-2023 Reappoint
Place 2 - Sally Amendola 2019-2022
Place 3 - Jackie Turner 2021-2023 Reappoint
Place 4 - Allen McAlister 2018-2020
Place 5 - Matt Fuller 2021-2023 Reappoint
Place 6 – Jason Miller 2020-2022
Place 7 - Philip Surles 2021-2023 Reappoint
Alternate – Bo Cooper 2020-2022
4A Board
Three Two Year Terms
Place 1 – Vacant 2021-2023
Place 2 – Susan Allison 2020-2022
Place 3 – Shannon Gann 2021-2023 Appoint (currently vacant)
Place 4 – Nancy McAllister 2020-2022
Place 5 – Drew Hall 2021-2023 Reappoint
4B Board________________________________________________________________________
Unlimited Two-Year Terms
Place 1 – Vacant 2021-2023
Place 2 – John Payne 2020-2022
Place 3 – Vacant 2021-2023
Place 4 – Beverly Howard 2020-2022
Place 5 – Jeff Springer 2021-2023 Reappoint
Place 6 – Eddie Piercy 2020-2022
Place 7 - Carrie Bilyeu 2021-2023 Reappoint
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 7.
AGENDA MEETING DATE: July 19, 2021
TO: Jeriana Staton, Interim City Manager
FROM: Hugh Coleman, City Attorney
ITEM/CAPTION:
Proposed City Manager Employment Agreement
Consider, Act and Approve a Contract for the Employment of John Noblitt for the position of City Manager to start on
July 26, 2021 and Authorize the Mayor to Execute. (Coleman)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
City of Sanger Charter, Article IV, Administrative Service, Section 4.01 The Council may enter into a contract of
employment with the City Manager and prescribe such compensation therein as it may fix.
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
Page 22
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 7.AGENDA MEETING DATE: July 19, 2021TO: Jeriana Staton, Interim City ManagerFROM: Hugh Coleman, City AttorneyITEM/CAPTION:Proposed City Manager Employment AgreementConsider, Act and Approve a Contract for the Employment of John Noblitt for the position of City Manager to start onJuly 26, 2021 and Authorize the Mayor to Execute. (Coleman)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:City of Sanger Charter, Article IV, Administrative Service, Section 4.01 The Council may enter into a contract ofemployment with the City Manager and prescribe such compensation therein as it may fix. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:N/AFUNDS:N/ASTAFF RECOMMENDATION/ACTION DESIRED:N/A
ATTACHMENTS:
Description Upload Date Type
City Manager Employment Agreement 7/13/2021 Cover Memo
Page 23
STATE OF TEXAS §
COUNTY OF DENTON §
Employment Agreement
This Employment Agreement (this “Agreement”) is made and entered into this 26th day of
July, 2021 by and between the City of Sanger, Texas, a Texas municipal corporation (the
“Employer”) and John Noblitt (the “Employee”), with the Employer and the Employee sometimes
being referenced collectively in this Agreement as the “Parties.”
WHEREAS, as provided by Article IV, Section 4.01 of the City Charter, the Council
desires to: (1) secure and retain the services of the Employee and to provide inducement for the
Employee to remain in such employment; (2) make possible full work productivity by assuring the
Employee’s morale and peace of mind with respect to future security; and (3) act as a deterrent
against malfeasance or dishonesty for personal gain on the part of the Employee; and
WHEREAS, the Employee desires to be employed as the City Manager of said City of
Sanger, Texas as a Council appointee; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
Parties agree as follows:
SECTION 1. DEFINITIONS
In this Agreement, the following words and phrases shall have the following meanings:
Base Salary means the monetary amount stated in Section 6.A. of this Agreement that the
Employee is entitled to as an annual base salary – or, if no longer current, then the monetary
amount that the Employee is currently entitled to as an annual base salary as approved by the
Council – and does not include the value of any other benefit of employment or other amount.
City means the City of Sanger, Texas.
Commencement Date means the date on which Employee reports to work, on July 26th,
2021.
Compensation means the sum of the Employee’s Base Salary.
Extended Term means any two-year time period, or any part thereof, during which this
Agreement remains in full force and effect as a result of any automatic renewal of the terms of this
Agreement.
For Cause means mismanagement of the position of employment by action or inaction
or neglect that jeopardizes the life or property of another or the property City of Sanger, intentional
wrongdoing or malfeasance, intentional violation of a law or policy or rule adopted to ensure the
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orderly work and/or the safety of the workplace, incompetence or failure to fulfill the City
Manager's duties required by the City Charter or City Code of Ordinances and/or insubordination
or failure to comply with lawful written Council directives.
Initial Term means the two-year time period beginning on the Commencement Date and
ending on July 25th, 2023, during which this Agreement shall be in full force and effect if not
earlier terminated in accordance with the provisions of this Agreement.
Involuntary Separation means the Employee’s removal by the Council under Section 4 of
this Agreement.
Termination Date means the date upon which this Agreement terminates under any
applicable provision of this Agreement.
SECTION 2. DUTIES
Employer hereby engages the employment services of the Employee as City Manager of
said Employer to perform the functions and duties specified by the Sanger Home Rule City Charter
(the “City Charter”), the Code of the City of Sanger, Texas (the “City Code”), and all other
applicable laws, and as outlined in the City of Sanger’s job description as it now exists or as it may
exist with future modifications by the Council and agreed upon by the Employee, and to perform
other legally permissible and proper duties and functions as Employer shall from time to time
assign.
SECTION 3. TERM
A. The Initial Term of this Agreement is two (2) years beginning on the Commencement
Date, on July 26th, 2021, and ending on July 25th, 2023.
B. This Agreement may be terminated before the expiration of the Initial Term and on or
before the expiration of any subsequent Extended Term by the Employer or the
Employee under applicable provisions of this Agreement. If the Employer terminates
this Agreement, it must do so either by:
(1) following the procedures set forth in Section 4 of this Agreement;
(2) or providing a notice of non-renewal in accordance with Section 3.D of this
Agreement.
C. The Employee may terminate this Agreement by providing at least 90 days written
notice to the Employer before the date designated by the Employee for termination.
D. Unless the Council – at least 90 days before the expiration of any Extended Term once
commenced – gives the Employee written notice of nonrenewal, the terms of this
Agreement shall automatically renew for an additional Extended Term. There is no
limitation on the number of Extended Terms that may occur.
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SECTION 4. INVOLUNTARY SUSPENSION
The Employer may suspend the Employee prior to any termination of the Employee but
may not suspend or reduce Employee’s salary prior to the removal provisions of this Section. At
least 30 calendar days before any termination shall become effective, the Council shall by a
majority vote of its members adopt a resolution of removal of Employee. This Agreement shall be
deemed to terminate on the effective date of a final resolution of removal.
SECTION 5. SEPARATION AND SEVERANCE PAY
A. Upon Involuntary Separation occurring during any term of the Agreement, the
Employee shall be entitled to a lump sum severance payment in an amount not to
exceed six (6) month’s base salary and only those benefits paid to other City employees
upon termination pursuant to policy in effect at the time of separation. At the option
of the Employee, Employee may take administrative leave with pay for six months
during which time Employee will continue to enjoy City employment benefits in which
he is already enrolled but will not accrue additional vacation or sick leave. Such
severance payment shall be the sole remedy of Employee and acceptance shall
constitute a waiver of existing claims Employee may have which may arise by virtue
of employment with or resignation or removal from the City, including, without
limitation, any claims against the City, its officers and employees, agents, affiliates and
subsidiaries including, but not limited to, breach of contract, tort, First and Fourteenth
Amendment to the U.S. Constitution, 42 U.S.C. Section 1983, and any and all other
claims which might arise under local, state, or federal fair employment practices or
employment benefit laws, workers’ compensation law, rights and claims arising under
the Age Discrimination in Employment Act, Texas Payday & Whistleblower Laws,
Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Texas
Commission on Human Rights Act.
B. Notwithstanding Section 5.A. or any other provision of this Agreement, the Employer
shall not be obligated to pay and the Employee shall not be entitled to receive any
amount as severance payment if the Employee’s separation from employment is for
cause or the Employee committing an act involving: (1) moral turpitude; (2) an illegal
act(s) resulting in personal gain to the Employee; or (3) conviction of a felony or Class
A misdemeanor.
C. Neither this Section 5, nor any other provision to this Agreement, shall be construed to
entitle Employee to a lump sum severance payment in the event of: (1) Employee’s
voluntary and unilateral resignation of the position prior to the end date of any term of
the Agreement, pursuant to the terms of Section 3.B., above; (2) agreed rescission of
the Agreement prior to the end date specified for any term of Agreement, under
negotiated terms mutually agreeable to Employer and Employee; or (3) non-renewal of
the Agreement by either party, upon expiration of any term of Agreement, conditioned,
however, upon the non-renewing party providing the other party with not less than
ninety (90) days advance written notice of non-renewal.
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SECTION 6. SALARY/BENEFITS
A. For the services rendered as the Employer’s City Manager, the Employer agrees to
pay Employee an annual base salary of $150,000 and as set year to year by the City
Council in future years, payable in installments at the same time as other employees
of the Employer are paid.
B. Employer agrees to credit Employee with 17 hours of vacation per month. In addition,
if Employee chooses to not participate in the City health insurance program, he may
direct those budgeted funds into a city sponsored health savings account or the city
sponsored deferred compensation program.
C. All other provisions of the City Charter, City Code, and Council-adopted Rules and
Regulations relating to sick leave, retirement and pension system contribution,
holidays, and other fringe benefits and working conditions as they now exist or
hereafter may be amended, shall apply to Employee as they would to other employees
of the City, which benefits include long-term disability insurance and retirement under
the Texas Municipal Retirement System.
SECTION 7. RELOCATION
The Employee is required to live within the City of Sanger or its Extra Territorial
Jurisdiction within six (6) months of the date they start employment with the City.
SECTION 8. AUTOMOBILE/CELL PHONE
The Employee is required to be on call for 24-hour service, so therefore, must have access
to a vehicle and a cellular phone for City business. Therefore, Employer shall grant to the
Employee a car allowance of $500 per month for providing such vehicle and shall provide a
cellular phone. The Employee shall be responsible for the purchase maintenance, insurance, taxes,
etc. for said vehicle. The monthly allowance will be considered for increase during the
performance evaluation process.
SECTION 9. PERFORMANCE EVALUATION
A. The Council shall review and evaluate the performance of the Employee at least once
annually during the time set aside each year for the performance review of all other
employees. Such review and evaluation shall be in accordance with the provisions of
the Sanger City Code and Personnel Policies. Said criteria may be added to or delete
from as the City Council from time to time determine in consultation with the
Employee. Further, the Mayor of the City of Sanger shall provide the employee with a
summary written statement of the findings of the City Council and provide an adequate
opportunity for the Employee to discuss his evaluation with the City Council.
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B. The Council and Employee annually shall define the goals and performance objectives
which they determine necessary for the proper operation of the City and in the
attainment of the Council’s policy objectives and shall further establish a relative
priority among those various goals and objectives to be attainable within the time
imitations as specified and the annual operating and capital budgets and appropriations
provided.
C. In effecting the provisions of this section, the City Council and the Employee mutually
agree to abide by the provisions of applicable law.
SECTION 10. HOURS OF WORK
It is recognized by both Employer and Employee that the duties of the City Manager require
a great deal of time outside of normal office hours. It is also recognized by the Parties that
Employee is required to devote the amount of time and energy necessary to carry out those duties
with the highest amount of professionalism possible. That being the case, the Parties recognize
that Employee may choose to take personal time off during business hours when it is appropriate
and when the Employee’s duties allow. Although this personal time off is not considered vacation,
neither is it to be considered as compensatory time for time spent by Employee in carrying out the
Employee’s duties outside of normal office hours, as the Parties agree that the Employee must
devote the amount of time necessary to fulfill those duties. The Council will consider the
Employee’s use of personal time off during the annual evaluation.
SECTION 11. OUTSIDE ACTIVITIES
Employee is entitled to devote whatever amount of time the Employee feels is appropriate
under the circumstances to the pursuit of teaching, counseling, consulting, writing or other non-
employer connected business outside of normal business hours of the Employer, provided that this
does not conflict or interfere with the Employee’s duties as City Manager, and provided that
Employee first notifies the City Attorney and Mayor that Employee intends to engage in such
activity, including the amount of time the Employee intends to devote to this activity.
SECTION 12. RETIREMENT
A. Employer shall provide and pay for Employee’s participation in the retirement plan of
the Texas Municipal Retirement System in a manner and rate consistent with all
employees of the City of Sanger.
B. If the Employee retires pursuant to a qualified retirement plan, or is permanently
disabled during the term of this Agreement, the Employee shall be compensated for
vacation leave, holidays, and other benefits then accrued or credited to the Employee
in accordance with Employer’s current policies for compensation for these benefits,
and, at the Employee’s option, shall be permitted to continue to participate in the City’s
health insurance plan on the same basis as other retirees from the City are permitted to
do so, or, if such other retirees are not permitted to do so, at the cost of the Employee.
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SECTION 13. DUES, MEMBERSHIPS AND SUBSCRIPTIONS
Employer recognizes the desirability of representation in and before local civic and other
organizations, and Employee is authorized to become a member of a local civic club of his choice
for which Employer shall pay all expenses. Furthermore, Employer agrees to budget and to pay
for the professional dues, memberships and subscriptions of Employee necessary for the
Employee’s continuation of full participation in national, regional, state and local associations and
organizations necessary and desirable for the Employee’s continued professional participation,
growth and advancement as City Manager, and for the good of the Employer. Said dues and
subscriptions shall include but not be limited, Texas City Management Association, International
City/County Management Association and their regional and local affiliate organizations.
SECTION 14. PROFESSIONAL DEVELOPMENT
Employer hereby agrees to budget for and to pay the full travel, participation, and
subsistence expenses of Employee for professional and official travel, meetings and occasions
adequate to continue the professional development of Employee, and to adequately pursue
necessary official and other functions for Employer, including but not limited to the Texas
Municipal League, the TMA annual Conference, the National League of Cities, and other such
national, regional, state and local groups and committees thereof which Employee serves as a
member in the amounts approved by the Council in the annual budget for the City of Sanger.
SECTION 15. BONDING/INDEMNIFICATION
To the extent permitted by law Employer shall defend, save harmless and indemnify
Employee against any tort, professional liability claims or demand, or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in the good faith
performance of Employee’s duties as Employee, unless arising from Employee’s willful
misconduct or intentional tort. Employer shall bear the full cost of any insurance, fidelity or other
bonds that may be required of the Employee under any law or ordinance.
SECTION 16. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The Council shall fix any such other terms and conditions of employment as it may
determine from time to time, relating to the performance of Employee, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
Agreement, the City Charter or any other law, and are memorialized by a written
amendment to this Agreement.
B. All provisions of the City Charter and City Code, and regulations and rules of the
Employer relating to vacation and sick leave, retirement and pension system
contributions, holiday, and other fringe benefits and working conditions as they now
exist or hereafter may be amended, also shall apply to Employee as they would to other
employees of the Employer in addition to said benefits enumerated specifically for the
benefit of Employee.
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SECTION 17. GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the Parties.
B. If any provision, or any portion, thereof, contained in this Agreement is held
unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected and shall remain in force and
effect.
C. The venue of any litigation involving this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
D. Notices pursuant to this agreement shall be given by deposit in the custody of the
United States Postal Service, postage prepaid, addressed as followed or via electronic
mail:
(1) Employer Thomas Muir
Mayor
City of Sanger
P.O Box 1729
Sanger, Texas 76266
tmuir@sangertexas.org
(2) Employee John Noblitt
SECTION 18. APPROPRIATIONS
The Employer agrees that it will appropriate, set aside and encumber funds of the City in
an amount sufficient to fund and pay all financial obligations of the City pursuant to this
Agreement, including, but not limited to, the severance pay salary and benefits set forth and
described herein.
SECTION 19. EFFECTIVE DATE
This Agreement shall take effect on July 26th, 2021.
IN WITNESS WHEREOF, the Mayor as duly authorized by the Council and on behalf of
the City of Sanger, has signed and executed this Agreement and the Employee has signed and
executed this Agreement, both in duplicate, the day and year first above written.
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CITY OF SANGER, TEXAS
____________________________________
THOMAS MUIR, MAYOR
ATTEST:
_____________________________________
KELLY EDWARDS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HUGH COLEMAN, CITY ATTORNEY
BY: _________________________________
APPROVED AND ACCEPTED
____________________________________
John Noblitt
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 8.
AGENDA MEETING DATE: July 19, 2021
TO: Jeriana Staton, Interim City Manager
FROM: Alina Ciocan, Assistant City Manager
ITEM/CAPTION:
House Bill 1520 Proceedings
Discussion and consideration of Resolution 070521, Authorizing the City to participate as part of a Coalition of Cities
in proceedings to be held by the Railroad Commission of Texas related to implementation of House Bill 1520.
AGENDA TYPE: Regular
ACTION REQUESTED: Approval, Resolution
BACKGROUND:
On June 16, 2021, Governor Greg Abbott signed House Bill 1520, which directs the Railroad Commission of Texas
and the Texas Public Finance Authority to work together to issue bonds, the proceeds of which gas utilities would use
to pay for the extraordinary cost of natural gas charged ratepayers during the winter storm of February, 2021.
HB 1520 provides financial relief to gas utilities that choose to apply for the bonds by potentially providing a lowcost
source of financing to fulfill outstanding obligations to natural gas suppliers. Any bonds issued under the authority of HB
1520 are to be secured by a mandatory charge on each gasutility customer’s bill and revenue from such mandatory
charge is to be dedicated to paying off the bonds. The bonds would allow customers to pay over an extended period,
rather than potentially through a single billing statement, for the extraordinary cost of gas consumed during the winter
storm of February, 2021. The amount of debt to be issued to pay the gas utilities and in turn the naturalgas suppliers is
estimated to be in the range of $4 billion to $5 billion.
To implement HB 1520, the Railroad Commission issued a “Notice to Operators” to all gas utilities in the State
directing all gas utilities that elect to participate in the debt financing of their extraordinary gas purchased during the
winter storm of February, 2021, to submit their applications to the Railroad Commission by July 30, 2021.
RAILROAD COMMISSION PROCEEDINGS
The applications the gas utilities will file with the Railroad Commission is expected to be voluminous and will include
data related to each gas utility’s costs of gas, its practices regarding the purchase of natural gas, including any financial
hedging instruments and gasstorage practices the utility employs, the costs of transportation of the natural gas, and
carrying costs (that is, interest charges) the utilities will seek to recover for payments each utility may have made to the
naturalgas suppliers between receipt of the invoice for the natural gas, and the time the utility is “reimbursed” for those
payments.
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CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 8.AGENDA MEETING DATE: July 19, 2021TO: Jeriana Staton, Interim City ManagerFROM: Alina Ciocan, Assistant City ManagerITEM/CAPTION:House Bill 1520 ProceedingsDiscussion and consideration of Resolution 070521, Authorizing the City to participate as part of a Coalition of Citiesin proceedings to be held by the Railroad Commission of Texas related to implementation of House Bill 1520.AGENDA TYPE: RegularACTION REQUESTED: Approval, Resolution BACKGROUND:On June 16, 2021, Governor Greg Abbott signed House Bill 1520, which directs the Railroad Commission of Texasand the Texas Public Finance Authority to work together to issue bonds, the proceeds of which gas utilities would useto pay for the extraordinary cost of natural gas charged ratepayers during the winter storm of February, 2021.HB 1520 provides financial relief to gas utilities that choose to apply for the bonds by potentially providing a lowcostsource of financing to fulfill outstanding obligations to natural gas suppliers. Any bonds issued under the authority of HB1520 are to be secured by a mandatory charge on each gasutility customer’s bill and revenue from such mandatorycharge is to be dedicated to paying off the bonds. The bonds would allow customers to pay over an extended period,rather than potentially through a single billing statement, for the extraordinary cost of gas consumed during the winterstorm of February, 2021. The amount of debt to be issued to pay the gas utilities and in turn the naturalgas suppliers isestimated to be in the range of $4 billion to $5 billion.To implement HB 1520, the Railroad Commission issued a “Notice to Operators” to all gas utilities in the Statedirecting all gas utilities that elect to participate in the debt financing of their extraordinary gas purchased during thewinter storm of February, 2021, to submit their applications to the Railroad Commission by July 30, 2021.RAILROAD COMMISSION PROCEEDINGSThe applications the gas utilities will file with the Railroad Commission is expected to be voluminous and will includedata related to each gas utility’s costs of gas, its practices regarding the purchase of natural gas, including any financialhedging instruments and gasstorage practices the utility employs, the costs of transportation of the natural gas, andcarrying costs (that is, interest charges) the utilities will seek to recover for payments each utility may have made to thenaturalgas suppliers between receipt of the invoice for the natural gas, and the time the utility is “reimbursed” for those
payments.
After the Railroad Commission issues its order establishing the amount of costs to be financed, it will direct the Texas
Public Finance Authority to issue bonds secured by mandatory charges imposed on each customer’s gasutility bill. All
costs related to the issuance of any bonds, including the cost of natural gas and the underwriting costs for issuance of
the bonds, are to be recovered through rates charged enduse customers, including the City as an enduse customer.
The proceeding at the Railroad Commission to implement HB 1520 will involve complex regulatory, financing, and gas
purchase practices requiring special expertise in these areas.
REPRESENTATION
In matters involving gasutility rates, including Atmos Energy’s most recent rate case, the law firm of Herrera Law &
Associates, PLLC (through Mr. Alfred R. Herrera) has previously represented the City and its participation in the
coalition of cities known as the “Atmos Texas Municipalities” (“ATM”). The accompanying Resolution authorizes
retention of Herrera Law & Associates as Special Counsel, the City’s continued participation in the ATM coalition, and
participation in proceedings related to implementation of HB 1520 before the Railroad Commission of Texas and the
Texas Public Finance Authority, and appeals, if any, related to those agencies’ actions and decisions.
INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS
The Railroad Commission established July 30, 2021, as the date by when gas utilities that elect to finance their gas
costs to file their respective applications with the Railroad Commission. It is important to participate in these
proceedings because the Railroad Commission’s decisions will impact future rates customers within the City will pay for
gasutility service. Thus, the accompanying Resolution authorizes intervention in proceedings at the Railroad
Commission and as may be necessary, at the Texas Public Finance Authority, related to implementation of HB 1520, as
well as appeals taken, if any, from those agencies’ actions and decisions.
EXPENSES
In ratemaking proceedings, cities by statute are entitled to recover their reasonable rate case expenses from the utility.
Thus, to the extent proceedings to implement HB 1520 are a ratemaking proceeding, the City would seek
reimbursement of its expenses from the gas utility; and to that extent, the accompanying Resolution directs Atmos
Energy to reimburse ATM’s expenses on a monthly basis based on presentation of invoices from the cities. Special
Counsel and consultants engaged on matters related to the proceedings before the Railroad Commission will submit
monthly invoices to the cities for review before being submitted for reimbursement.
It is Special Counsel’s understanding that the gas utilities may not agree that the proceedings to implement HB 1520 is a
ratemaking proceeding entitling cities to be reimbursed for their expenses.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
Cost $1,500
Page 33
CITY COUNCIL AGENDA MEMOAGENDA ITEM NO. 8.AGENDA MEETING DATE: July 19, 2021TO: Jeriana Staton, Interim City ManagerFROM: Alina Ciocan, Assistant City ManagerITEM/CAPTION:House Bill 1520 ProceedingsDiscussion and consideration of Resolution 070521, Authorizing the City to participate as part of a Coalition of Citiesin proceedings to be held by the Railroad Commission of Texas related to implementation of House Bill 1520.AGENDA TYPE: RegularACTION REQUESTED: Approval, Resolution BACKGROUND:On June 16, 2021, Governor Greg Abbott signed House Bill 1520, which directs the Railroad Commission of Texasand the Texas Public Finance Authority to work together to issue bonds, the proceeds of which gas utilities would useto pay for the extraordinary cost of natural gas charged ratepayers during the winter storm of February, 2021.HB 1520 provides financial relief to gas utilities that choose to apply for the bonds by potentially providing a lowcostsource of financing to fulfill outstanding obligations to natural gas suppliers. Any bonds issued under the authority of HB1520 are to be secured by a mandatory charge on each gasutility customer’s bill and revenue from such mandatorycharge is to be dedicated to paying off the bonds. The bonds would allow customers to pay over an extended period,rather than potentially through a single billing statement, for the extraordinary cost of gas consumed during the winterstorm of February, 2021. The amount of debt to be issued to pay the gas utilities and in turn the naturalgas suppliers isestimated to be in the range of $4 billion to $5 billion.To implement HB 1520, the Railroad Commission issued a “Notice to Operators” to all gas utilities in the Statedirecting all gas utilities that elect to participate in the debt financing of their extraordinary gas purchased during thewinter storm of February, 2021, to submit their applications to the Railroad Commission by July 30, 2021.RAILROAD COMMISSION PROCEEDINGSThe applications the gas utilities will file with the Railroad Commission is expected to be voluminous and will includedata related to each gas utility’s costs of gas, its practices regarding the purchase of natural gas, including any financialhedging instruments and gasstorage practices the utility employs, the costs of transportation of the natural gas, andcarrying costs (that is, interest charges) the utilities will seek to recover for payments each utility may have made to thenaturalgas suppliers between receipt of the invoice for the natural gas, and the time the utility is “reimbursed” for thosepayments.After the Railroad Commission issues its order establishing the amount of costs to be financed, it will direct the TexasPublic Finance Authority to issue bonds secured by mandatory charges imposed on each customer’s gasutility bill. Allcosts related to the issuance of any bonds, including the cost of natural gas and the underwriting costs for issuance ofthe bonds, are to be recovered through rates charged enduse customers, including the City as an enduse customer.The proceeding at the Railroad Commission to implement HB 1520 will involve complex regulatory, financing, and gaspurchase practices requiring special expertise in these areas.REPRESENTATIONIn matters involving gasutility rates, including Atmos Energy’s most recent rate case, the law firm of Herrera Law &Associates, PLLC (through Mr. Alfred R. Herrera) has previously represented the City and its participation in thecoalition of cities known as the “Atmos Texas Municipalities” (“ATM”). The accompanying Resolution authorizesretention of Herrera Law & Associates as Special Counsel, the City’s continued participation in the ATM coalition, andparticipation in proceedings related to implementation of HB 1520 before the Railroad Commission of Texas and theTexas Public Finance Authority, and appeals, if any, related to those agencies’ actions and decisions. INTERVENTION AT THE RAILROAD COMMISSION OF TEXASThe Railroad Commission established July 30, 2021, as the date by when gas utilities that elect to finance their gascosts to file their respective applications with the Railroad Commission. It is important to participate in theseproceedings because the Railroad Commission’s decisions will impact future rates customers within the City will pay forgasutility service. Thus, the accompanying Resolution authorizes intervention in proceedings at the RailroadCommission and as may be necessary, at the Texas Public Finance Authority, related to implementation of HB 1520, aswell as appeals taken, if any, from those agencies’ actions and decisions.EXPENSESIn ratemaking proceedings, cities by statute are entitled to recover their reasonable rate case expenses from the utility. Thus, to the extent proceedings to implement HB 1520 are a ratemaking proceeding, the City would seekreimbursement of its expenses from the gas utility; and to that extent, the accompanying Resolution directs AtmosEnergy to reimburse ATM’s expenses on a monthly basis based on presentation of invoices from the cities. SpecialCounsel and consultants engaged on matters related to the proceedings before the Railroad Commission will submitmonthly invoices to the cities for review before being submitted for reimbursement. It is Special Counsel’s understanding that the gas utilities may not agree that the proceedings to implement HB 1520 is aratemaking proceeding entitling cities to be reimbursed for their expenses.LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
Cost $1,500
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
It is important that the City intervene in the Railroad Commission’s proceedings related to implement HB 1520 and
related proceedings to exercise its due diligence as a regulatory authority as well as to protect its and its citizens’
interests as ratepayers.
The City should continue its participation in ATM; intervene in proceedings at the Railroad Commission and related
proceedings and/or appeals, if any; retain the law firm of Herrera Law & Associates, PLLC to represent the City’s
interest in matters related to the Railroad Commission’s proceedings regarding implementation of HB 1520 and related
proceedings; and to retain consultants necessary to assist Special Counsel in its review of the gas utilities’ applications
submitted to the Railroad Commission related to implementation of HB 1520 and related proceedings.
ATTACHMENTS:
Description Upload Date Type
Resolution 070521 SecuritizationATMResolutionHB 1520
Proceedings 7/15/2021 Cover Memo
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RESOLUTION NO. 07-05-21
RESOLUTION BY THE CITY OF SANGER (“CITY”) AUTHORIZING
THE CITY TO PARTICIPATE AS PART OF A COALITION OF CITIES
IN PROCEEDINGS TO BE HELD BY THE RAILROAD COMMISSION
OF TEXAS RELATED TO IMPLEMENTATION OF HOUSE BILL 1520;
AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS;
DIRECTING THE ACTIVITIES OF LAWYERS AND CONSULTANTS
REGARDING THE RAILROAD COMMISSION’S HB 1520
PROCEEDINGS; REQUIRING REIMBURSEMENT OF REASONABLE
LEGAL AND CONSULTANT EXPENSES TO THE EXTENT ALLOWED
BY LAW; FINDING THAT THE MEETING COMPLIES WITH THE
OPEN MEETINGS ACT; AND MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT
WHEREAS, on June 16, 2021, Governor Greg Abbott signed House Bill 1520,
which directs the Railroad Commission of Texas and the Texas Public Finance Authority
to work together to issue bonds, the proceeds of which gas utilities would use to pay
providers of natural gas, for gas provided to gas utilities during the winter storm of
February, 2021; and
WHEREAS, HB 1520 provides financial relief to gas utilities that choose to apply
for the bonds by potentially providing a low-cost source of financing to fulfill
outstanding obligations to natural gas suppliers; and
WHEREAS, any bonds issued under the authority of HB 1520 are to be secured by a
mandatory charge on each gas-utility customer’s bill and revenue from such mandatory
charge is to be dedicated to paying off the bonds; and
WHEREAS, the bonds would allow customers to pay over an extended period, rather
than potentially through a single billing statement, for the extraordinary cost of gas
consumed during the winter storm of February, 2021; and
WHEREAS, the amount of debt to be issued to pay the gas utilities and in turn the
natural-gas suppliers is estimated to be in the range of $4 billion to $5 billion; and
WHEREAS, on or after June 16, 2021, the Railroad Commission issued a “Notice to
Operators” to all gas utilities in the State directing all gas utilities that elect to participate
in the debt financing of their extraordinary costs for natural gas purchased during the
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winter storm of February, 2021, to submit their applications to the Railroad Commission
by July 30, 2021; and
WHEREAS, the information the gas utilities are expected to submit with their
respective applications will include a voluminous amount of data related to each gas
utility’s costs of gas, its practices regarding the purchase of natural gas, including any
financial-hedging instruments and gas-storage practices the utility employs, the costs of
transportation of the natural gas; and
WHEREAS, after the Railroad Commission issues its order establishing the amount
of costs to be financed, it will direct the Texas Public Finance Authority to issue bonds
secured by mandatory charges imposed on each customer’s gas-utility bill; and
WHEREAS, all costs related to the issuance of any bonds, including the cost of
natural gas and the underwriting costs for issuance of the bonds are to be recovered
through rates charged end-use customers, including the City; and
WHEREAS, pursuant to Utilities Code § 103.023(a) the City has standing in each
case before the Railroad Commission that relates to a gas utility’s rates and services in
the municipality; and
WHEREAS, the City has the authority under Utilities Code § 103.023(a) to
participate in ratemaking proceedings and engage consultants and attorneys to advise and
represent the City and assist in litigation before a regulatory authority, or a court; and
WHEREAS, to the extent the Railroad Commission’s proceeding(s) to implement
HB 1520 comprise a ratemaking proceeding, the gas utility shall reimburse the City for
the reasonable cost of the services of a person engaged under Utilities Code § 103.022 to
the extent the applicable regulatory authority determines is reasonable; and
WHEREAS, the Railroad Commission has indicated that it may address in a single,
consolidated proceeding all applications submitted by the gas utilities that elect to
participate in the debt financing of their extraordinary costs for natural gas purchased
during the winter storm of February, 2021, including Atmos Energy, CenterPoint Entex,
and Texas Gas Service; and
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WHEREAS, to maximize the efficient use of resources and expertise in reviewing,
analyzing, and investigating a gas utility’s application to change its rates and/or impose
charges on ratepayers, the City has in the past joined with other local regulatory
authorities to form the Atmos Texas Municipalities (“ATM”) and hereby continues its
participation in ATM;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANGER THAT:
Section 1. The findings set out in the preamble are in all things approved and
incorporated herein as if fully set forth.
Section 2. The City continues its participation with other cities in a coalition of cities
known as the Atmos Texas Municipalities (“ATM”) with the understanding that the
Steering Committee of ATM is to provide direction and guidance to Special Counsel
representing said cities.
Section 3. The City authorizes participation and intervention in proceedings at the
Railroad Commission of Texas and the Texas Public Finance Authority related to
proceedings to implement House Bill 1520, as well as appeals taken, if any, from those
state agencies’ actions and decisions.
Section 4. The City directs Herrera Law & Associates, PLLC as Special Counsel to
represent the City with regard to proceedings to implement House Bill 1520 and related
proceedings before local and state regulatory authorities and any court of law and
authorizes Special Counsel to engage such experts as may be reasonably necessary for
review and evaluation of applications submitted by a gas utility, including Atmos Energy,
CenterPoint Entex, and Texas Gas Service, related to House Bill 1520.
Section 5. To the extent the Railroad Commission’s proceedings to implement House
Bill 1520 comprise a ratemaking proceeding, Atmos Energy shall reimburse the City on a
monthly basis, for the reasonable costs of attorneys and consultants and expenses related
thereto, upon the presentation of invoices reviewed by the ATM’s Steering Committee.
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Section 6. A copy of this resolution shall be sent to Mr. Alfred R. Herrera, Herrera
Law Associates, PLLC, 4524 Burnet Road, Austin, Texas 78756.
Section 7. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 8. This resolution shall become effective from and after its passage.
PASSED AND APPROVED THIS 19TH DAY OF JULY, 2021.
Thomas E. Muir, Mayor
ATTEST:
Kelly Edwards, City Secretary
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 9.a.
AGENDA MEETING DATE: July 19, 2021
TO: Jeriana Staton, Interim City Manager
FROM: Jonathan Perkins, Interim Police Chief
ITEM/CAPTION:
All American Dog Report June 2021
AGENDA TYPE: Regular
ACTION REQUESTED:
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
All American Dog Report 7/13/2021 Cover Memo
Page 39
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CITY COUNCIL AGENDA MEMO
AGENDA ITEM NO. 9.b.
AGENDA MEETING DATE: July 19, 2021
TO: Jeriana Staton, Interim City Manager
FROM: Kelly Edwards, City Secretary
ITEM/CAPTION:
Atmos Energy
Update regarding GCR Rate Filing under Docket No 10170 and the corporation's Conservation and Energy Efficiency
Tariff.
AGENDA TYPE:
ACTION REQUESTED:
BACKGROUND:
NA
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
NA
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
NA
FUNDS:
NA
STAFF RECOMMENDATION/ACTION DESIRED:
NA
ATTACHMENTS:
Description Upload Date Type
GCR Rate Filing Docket 10170 7/12/2021 Cover Memo
Conservation and Energy Efficiency Tariff 7/14/2021 Cover Memo
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