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11/21/2016-CC-Agenda Packet-RegularSTRgeh TEXAS /AGENDA CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 21, 2016 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). y 3. CONSENT AGENDA: a) Approval of Minutes: October 17, 2016 - Work Session October 17, 2016 - Regular City Council Meeting November 7, 2016 — Work Session November 7, 2016 — Regular City Council Meeting b) Disbursements c) Approve an Interlocal Agreement for Library Services Between Denton County and the City of Sanger. 4. Consider any Items Removed from Consent Agenda. REGULAR AGENDA 5. Consider, Discuss, and Possibly Act on Ordinance 11-23-16 Annexing Properties Located Along the East Side of Marion Road Approximately 2,000 Feet North of FM 455. 6. Conduct a Public Hearing Regarding Amending the Comprehensive Zoning Ordinance by Changing the Zoning Classification From SF-10 Single Family Residential District to PD-SF-10 Planned Development Single Family Residential District on Properties Within Sanger Circle Development Phase 3 and Phase 4. 7. Consider, Discuss, and Possibly Act on Ordinance 411-24-16 Amending the Comprehensive Zoning Ordinance by Changing the Zoning Classification From SF-10 Single Family Residential District to PD-SF-10 Planned Development Single Family Residential District on Properties Within Sanger Circle Development Phase 3 and Phase 4. 8. Consider, Discuss, and Possibly Act on Ordinance 911-22-16 Amending Chapter 13 of the Code of Ordinances to Adopt Rules and Regulations for Interconnection and Parallel Operation of Distributed Generation. 9. INFORMATION ITEMS: a) None. 10. ADJOURN. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: at % a.m. and shall remain posted until meeting is adjournc,(> ,ut"oil j'##jj y Cheryl ' , rCity Secretary = City of S ger, Texas t, • X A5 ���N�Nn�N►N��� This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL WORK SESSION October 17, 2016 PRESENT: Mayor Thomas Muir, Councilman Lee Allison, Councilman David Clark, Councilman Bill Boutwell, and Councilman Allen Chick, Councilman Gary Bilyeu OTHERS PRESENT: Mike Brice City Manager, Cheryl Price City Secretary, Joe Iliff Planner/Chief Building Official, Meghann Piercy, Joe Falls, Patty Falls, With Alan Plummer Associates - Betty Jordan, Loretta Mokry, Tim Noack, Neil Harris 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:05 p.m. 2. Overview of Accela Software. Jim Berman, Parks & Recreation Director was recognized to give a summary of the new Accela Software Program. He advised that a few months ago Mike Brice challenged staff to find another door to City Hall. This prompted the idea of exploring a mobile platform. He noted he has had good experience with the Accela mobile platform and moved forward to the development of a mobile application. He presented a power point and live feed showing how the application works. This application will allow access on all IOS and Android devices. It will allow residents to submit requests, photos, access general municipal information, and browse neighborhood information (where they may find that their request has already been sent in). It will also be accessible from the City's website and explained how easy it is to use. He highlighted some of the features that would be available to use from the application, like the mapping showing the hot spots for requests, and the time it takes to complete them. Staff is going to try to stick to a five-day completion when it is feasible. He noted the mobile app is called Sanger Solutions. City Manager Brice stated that a big advantage and what sold him was that any city staff employee would be able to log into the software and file any work order into the system. The citizens won't be passed around to different departments. All departments can log the any type of work, order into the system. Jim Berman noted how the reports would be watched by supervisors and escalated if not completed within a certain amount of time. He noted the citizen would also be able to check their request and have the opportunity to complete a survey. He advised you will even be able to pay your Utility Bill and Citations with your phone. He noted you can download the app on Google play or Apple. Discussion and questions ensued. Jim Berman wrapped up noting he felt this is one way to address Mike Brice's desire to open another door to city hall and advised that staff wanted City Council to know about it first before it hits the media. He advised that you will start seeing signs, newspaper articles, and information on Social Media about the new Sanger Solutions App. With the way that people use their phones today, this is a big deal and we are going to make a big deal out of it. 3. Discussion of Options for Discharge of Effluent from the Wastewater Treatment Plant. Betty Jordan, Alan Plummer and Associates was recognized. She provided a summary of how we got to where we are today and gave a presentation on a stream restoration option. She noted the advantages of obtaining a free flowing stream. That this could be an option instead of the discharge to Clear Creek by a pipeline. Tim Noack, Alan Plummer and Associates was recognized to explain the option. He advised that this option would require a stable channel profile that performs to convey the flows of the wastewater plant and transport sediment produced up stream without building it up. He explained the concept of paths around the pond that would convey water and would bypass the pond. He noted there are some uncertainties with this concept. The lake has been there for quite some time and has built up some sediment and the character of that sediment is unknown. They are not sure if there is a stable foundation for the berm to be built on. The natural bottom of the lake is.unknown at this time. There are a couple of ways to move on to the next step of preliminary design. One would be to conduct a geophysical study by laying some geophysical lines which would determine where the bottom of the sediment is vertically and also if there is any limestone present which would really make a great base for the stream. The second thing they would do is a geotechnical investigation where they would go out into the lake and do some borings and pull samples out and take them to the lab and have them analyzed. Joe Falls stood up and said, "OK um you need a third option. Take this three million give or take the total call it three million and put it into the new plant location and just let the stream have its natural flow and close this plant. That's what must be done in the long term. We are just talking about how much time we can borrow to keep this plant in operation and it takes time to construct the plant. This is going to be an operation to get it constructed. So you've got so many factors that you are adding into to keep this stream and to operate this antiquated plant that is in horrendous condition. Save that money that you are going to spend on it to bring it up to standards and save this money. Put it into the new plant. You've already decided to move the lift station to the new plant site. That's 20 percent of your plant cost right there and then the lift station becomes the deep well to supply the plant. Pretty soon you are going to come up with the ability to build the new plant and I will give up the stream. I was told when we initially let the plant be built at that location by the engineering firm (Engineering firm name? Robert? Not able to decipher 53.56) This is not where we need the plant. It must be down on Clear Creek. That City Council recognized that and bought the 100 plus acres down there for that purpose and uh I'd like the water to stay in the creek. I have a permit for that water but I am willing to give that up. I know that conversation about 45 years ago this plant has got to go down to Clear Creek so let's work as fast as we can to do that." There was extensive discussion between the Engineers and the Council regarding the stream and what would need to be done if they were to pursue the stream concept. It was noted if the stream blocked up and quit working that it was Mr. Riley's property and his responsibility; however, Betty Jordan advised that in order to stop the stream flow someone would have to actively construct a dam. It was noted the concept stream would allow a better permit limit than a pipeline would allow. There would be permits and monitoring from various agencies and this concept has been discussed with them. It was noted by the end of the evening on the regular agenda the Council will need to make a decision on whether we pursue the pipeline or the restoration. If it is the restoration, there is some more work that will need to be done to find out if it is feasible. Betty Jordan noted that this is not a rare project and the TCEQ likes to have streams restored she noted that advantages of the pipeline are that they are somewhat shorter construction time, less complicated permitting, and fewer unknowns. Disadvantage is they remove flow from Paddock Lake, and a slightly higher cost. The stream option would retain options for the future and does not require any easements, less land disturbance. The additional cost is $100,000 to find out the unknown. The permitting process for this type of concept is done all of the time depending on what they find, the construction costs 2.4 or 2.5 million. The pipeline construction cost 3.1 million to take it down to Clear Creek. Land easements for the pipeline are estimated at $65,000 but it gets into condemnation it could be significantly higher. For the preliminary and final design cost is about the same. Permitting is about the same, just different agencies. There is a much higher contingency in the stream restoration project. Discussion ensued regarding the options and the technical aspects of restoration of the stream. Joe Falls stood up and commented. "The original stream was in the middle of this dam. The dam blocked the stream, this was a grass spillway that eroded down to bedrock. So, the lake when it was constructed held more water however much dirt eroded down to that limestone and that lake is s extremely shallow and is a problem for anybody. If you just did away with the lake and took the dam away and maybe you could let the stream go back to its original before this lake was built. For your information, the Jones family owned that property many, many years ago and some mapping person put Paddock's name on it and the Paddocks only leased the piece of property. I resent you know that because the Jones is an old-time family of Sanger and a historic family. But if we chose to uh dredge that lake like they did Bachman Lake, White Rock Lake and you could restore that to where it was and have a greater depth. Maybe that would meet the criteria, I don't know". Mayor Muir, "You can't stop the flow is the problem, right?" Engineer Loretta Mokry, Engineer, "Yes, even if it is water in the lake, once that water flowing down Ranger Creek hits that body of water that slows it down and that's what allows the solids to settle out and that resolve oxygen drops because of the oxygen demand right there in the lake." Joe Fall, "That's never been a problem we've not had fish killed in that lake the years I have been here and I have known before." Engineer Loretta Mokry, "We saw dead fish when we were out there with Mr. Riley during the summer. Right now, it's so shallow it's not just a matter of temperature, it's a matter of oxygen demand for what's coming down the stream. It was noted that Mike Riley is in favor of doing the stream restoration and has walked the property with the engineers. The Council had a lot of questions and the question they are posed with tonight at the Council Meeting is that it would require the additional valuation of $100,000 for the Geophysical and Geotechnical studies to be conducted to see if this stream restoration project concept is feasible. 4. Overview of Items on Regular Agenda. There was no discussion of other items on the regular agenda. 5. Adjourn. There being no further discussion Mayor Muir adjourned the work session at 7:28 p.m. MINUTES: CITY COUNCIL MEETING October 17, 2016 PRESENT: Mayor Thomas Muir, Councilman Lee Allison, Councilman David Clark, Councilman Bill Boutwell, and Councilman Allen Chick, Councilman Gary Bilyeu OTHERS PRESENT: Mike Brice City Manager, Cheryl Price City Secretary, Joe Iliff Planner/Chief Building Official, Meghann Piercy, Joe Falls, Patty Falls, With Alan Plummer Associates - Betty Jordan, Loretta Mokry, Tim Noack, Neil Harris 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:35 p.m. Councilman Bilyeu led the Invocation followed by Councilman Chick leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Patty Falls, 4489 McReynolds Road was recognized and voiced her concerns regarding sewer problems, the cost the city spent on Porter Park, and a bank that took peoples land in past history. Joe Falls, 4489 McReynolds Road was recognized. I'd like to be emotional, but I'm not a woman, I am not emotional. I'm Joseph. Joseph of Bible days was thrown in the pit by his brother and sold into slavery uh... He overcame that. You've thrown me in the pit with this. You will come back to me in time because the right thing to do is to build that plant downstream with decision that was made by prior councils and reverse that ... you are trying to reverse that. You are trying to reverse it. I just put in the paperwork. I know you know about it. I am removing 250 acres east of Ranger Creek Drive on that green line creek and I will bring it back into the city when you put me a sewer line in there. You get the plant down there where it has got to be and the sewer line serves the Lane property and the property up there where you live Bill and the Pruitt's can be moved that way instead of coming into this plant and other properties between there and the lake can feed into that. We've got to look at the future so um I voluntarily put myself in the city about 40 years ago. Just my house. Later on we um added the entire property to the City. The City Manager came to me at a time when they wanted to annex some other property you had limitations and I de -annexed the property and then we annexed it again. We can annex and de -annex but without the sewer line without the plant down below I am de -annexing my property that does not sewer into this plant and I oppose lift stations adamantly I will not have anything to do with them I will not endorse them. There should be a surcharge for lift stations. You will come back and see me. It's not a threat that's just the way it is going to happen. I am going to live to see it done. The plant has got to go down there. You take this 3 million dollars here to build a dike, you take what you are going to have to pay me, you take refurbishing the dozen capacity of that plant you've got the money to build it. A million dollar um gallon plant down there which is a new plant that will operate efficiently and this one is never going to be efficient it is an antiquated design and you have terrible operational problems with it and its been running messed up for the last three weeks and it's not cleared up yet and if you double the capacity of it the same thing will repeat again and Lee Allison you are 100 yards away from it. and don't tell me you don't smell it. Thank you. I'll be glad to talk to you any time and especially individually I called many of you today and didn't get a response I'll talk to you individually, that's my forte. I am not good right up here in a group and especially when you are talking back at me so if I'm lecturing that is easier for me. Thank you. 3. CONSENT AGENDA a) Approval of Minutes: October 3, 2016 - Work Session October 3, 2016 - Regular City Council Meeting b) Disbursements c) Appoint the Following Board Applicants to The Sanger Cultural Education Facilities Finance Corporation - Billy F. Ezell - Bob Stover 4. Consider any Items Removed from Consent Agenda. A motion was made by Councilman Chick to approve the Consent Agenda as presented. Motion was seconded by Councilman Allison. Motion carried with three (3) in favor, None (0) in opposition and two (2) Abstained (Councilman Clark because he was absent from the Work Session and Councilman Bilyeu was absent both meetings on October 3rd). REGULAR AGENDA Mayor moved Item No. 8 to the beginning of the Regular Agenda due to the number of people present in the audience for Item No. 8. 8. Consider, Discuss, and Possibly Approve an Option for Discharge of Effluent from the Wastewater Treatment Plant. City Manager Brice summarized that this was the item they discussed in the Work Session. We are at a decision point from a time -line standpoint and need to decide whether we want to look deeper into the restoration of the stream or build the pipeline. As discussed in the Work Session, there is a cost of $100,000 to look further into the stream restoration before we have some concrete knowledge that it will work. Discussion ensued it was noted that the stream option would retain options for the future, doesn't require easements, less land disturbance, higher permit limits, and less permitting issues. After considerable discussion with the engineers regarding the pros and cons of the stream restoration consensus was that it may be wise to move forward to see if it would be feasible. A motion was made by Councilman Boutwell to approve the Addendum to do further research for the stream restoration and spend the necessary funds for the Geophysical and Geotechnical studies to not to exceed $100,000 to determine if the stream restoration is feasible. Motion was seconded by Councilman Bilyeu. Motion carried unanimously (5-0). S. Consider, Discuss, and Possibly Approve a Contract with McCreary, Veselka, Bragg and Allen, LLC (MVBA) to Provide Services Related to the Collection of Delinquent Accounts Receivable. City Manager Brice advised that this is the company that we hired about a year ago to do collections for Municipal Court on outstanding tickets. They have done a good job in collections and increased the revenues in this area. This is a contract to allow them to collect on our utility billing accounts. It was noted that there is currently approximately $190,000 in outstanding utility bills. A motion was made by Councilman Clark to approve the contract with McCreary, Veselka, Bragg and Allen, LLC to provide services related to the collection of delinquent accounts receivable. Motion was seconded by Councilman Boutwell. Motion carried unanimously (5- 0). It was noted Item No 6 missing is typographical. 7. Consider, Discuss, and Possibly Approve the Following Items Concerning the East 1-35 Wastewater Trunk Line Project: A. Award the Construction Bid to Dickerson Construction in the Amount of $1,594,118. B. Approve Supplemental Agreement #5 With Pacheco Koch Engineering in the Amount of $20,500 for Construction Staking and Re -staking. C. Approve Using 4A Funds in the Amount of $750,000 for the Project. D. Approve Using Wastewater Tap Fees in the Amount of $750,000 for the Project. E. Approve Using 2013 Bond Funds for the Remaining Balance of the Project. F. Authorize the City Manager to Approve Change Orders That Do Not Exceed $50,000 in Additional Cost to the Project. City Manager Brice advised that this is the line that was discussed at a previous meeting that has various size lines and problems. This would replace all of the various lines in the ground with new 21-inch line. The location of this trunk line is from about 1000 feet north of FM 455 and ties into a 27-inch trunk line and comes back under the tracks and runs north all the way up to Walmart. This is the line that was discussed at a previous meeting which is replacing all of the various size lines that were in the ground with a new 21-inch line. A motion was made by Councilman Boutwell to award the Construction Bid to Dickerson Construction in the amount of $1,594,118; Approve Supplemental Agreement #5 With Pacheco Koch Engineering in the amount of $20,500 for Construction Staking and Re - staking; approve using 4A Funds in the Amount of $750,000 for the Project; Approve Using Wastewater Tap Fees in the amount of $750,000 for the project; Approve Using 2013 Bond Funds for the remaining balance of the Project; Authorize City Manager to Approve Change Orders That Do Not Exceed $50,000 in Additional Cost to the Project. Motion was seconded by Councilman Allison. Motion carried unanimously (5-0). 9. INFORMATION ITEMS: a) Capital Projects Update, October 6, 2016. There was a short discussion regarding the capital projects updates provided and future road improvement projects. b) All American Dogs Report - August 2016 10. ADJOURN. There being no further business Mayor Muir adjourned the meeting at 8:30 p.m. CITY OF SANGER, TEXAS MINUTES: CITY COUNCIL WORK SESSION November 7, 2016, 6:00 PM COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Councilman Lee Allison, Councilman David Clark, Councilman Bill Boutwell, and Councilman Allen Chick, Councilman Gary Bilyeu All Council Members present constituting a quorum. STAFF MEMBERS PRESENT: Mike Brice City Manager, Cheryl Price City Secretary, Alina Ciocan Director of Economic and Community Development 1. Call Meeting to Order. Meeting was called to Order at 6:04 p.m. 2. EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed Executive Session in Accordance With the Texas Local Government Code: Section 551.072 Deliberation Regarding Real Estate Matters Council convened into Closed Session at 6:05 p.m. 3. RECONVENE: OPEN MEETING Any Action Taken. Council reconvened at 7:12 p.m. No Action Taken. 4. Overview of Items on Regular Agenda. None. 5. Adjourn. Mayor Muir adjourned the meeting at 7:12 p.m. CITY OF SANGER, TEXAS MINUTES: CITY COUNCIL MEETING November 7, 2016, 7:00 PM COUNCIL MEMBERS PRESENT: Mayor Thomas Muir, Councilman Lee Allison, Councilman David Clark, Councilman Bill Boutwell, and Councilman Allen Chick, Councilman Gary Bilyeu All Council Members present constituting a quorum. STAFF MEMBERS PRESENT: Mike Brice City Manager, Cheryl Price City Secretary, Alina Ciocan Director of Economic and Community Development 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:13 p.m. Councilman Allison led the Invocation followed by Councilman Boutwell leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Joan Peoples, 719 Chaparral was recognized and spoke about her concerns regarding the smell coming from the wastewater treatment plant. James Frank Jones, 3087 Belz Road was recognized and advised that the power company put in a new pole and left piles of dirt and rocks in the ditch in front of his house. Larry Peoples, 719 Chaparral was recognized and spoke about his concerns regarding the smell coming from the wastewater treatment plant. Joe Falls, 4489 McReynolds Road and 747 Willow Street was recognized and spoke about the history of purchasing his property, why he did it, noted that he is still trying to help Sanger. He voiced his concerns regarding the issues of the sewer treatment plan. He mentioned the agenda item on tonight's agenda, that he is wants to take his property out of the City and put it back into the County. 3. CONSENT AGENDA a) Approval of Minutes: October 17, 2016 Work Session October 17, 2016 — Regular City Council Meeting b) Disbursements 4. Consider any Items Removed From Consent Agenda. A Motion was made by Councilman Allison, to pull from the Consent Agenda: Item a) Approval of the Minutes. Regular City Council Minutes. Motion was seconded by Councilman Bilyeu. Motion carried unanimously (5-0). A Motion was made by Councilman Boutwell to approve the remaining Consent Agenda, Items a) Approval of the Minutes October 17, 2016 Work Session; and, b) Disbursements. The Motion carried unanimously (5-0). Discussion regarding the minutes ensued. Councilman Allison noted that Mike Riley was not at the meeting and to correct the minutes by removing the statement "Mike Riley who was present at the meeting". He also questioned the statement made by Joe Falls, "Joe Falls stood up and commented that he is in favor of the pipeline and not in favor of the stream restoration project and that he wanted to see the water stay in the pond." Councilman Chicle suggested striking the sentence. Discussion ensued and it was noted that City Secretary Price would transcribe the statements made by Joe Falls and provide them to the City Council for review. Joe Falls stated he would like to have what he said in the minutes. A Motion was made by Councilman Allison to table approval of the minutes. The Motion was seconded by Councilman Bilyeu. The Motion carried unanimously (5-0). REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Denying a Request to De -annex Approximately 257 Acres From the City Limits of the City of Sanger, Texas. Mr. Mike Whitten, Attorney, Whitten and Whitten was recognized and noted he had written a letter to the Council today and is representing Joe and Patty Falls with regard to their petition to dis-annex approximately 257 acres of their property located on McReynolds Road. He requested putting off this item for three weeks to a month so he has sufficient time to research the matter or if it can possibly be resolved without litigation. A Motion was made by Councilman Clark to take no action on the agenda item. The Motion was seconded by Councilman Boutwell. There was some discussion as to the date of the document Joe Falls turned in requesting to de -annex the property. It was noted there was no date on the document. Mike Brice noted he received it from Joe Miff last week and was not sure when Joe Falls provided the document. The Motion carried unanimously (5-0) 6. INFORMATION ITEMS a) None 7. ADJOURN. There being no further business, Mayor Muir adj ourned the meeting at 7:44 p.m. 11/02/2016 4:26 P14 A / P CHECK REGISTER PACKET: 08468 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK V, A NAME / I.D. 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DESC TYPE DATE 25830 PACHECO KOCH, LLC I-37165 EAST PH 1 LOIS TO VIEW R 11/02/2016 I-37173 CONSULTING SERVICES - SEW R 11/02/2016 I-37174 PROJ MGMT-N35 OTFL SWER R 11/02/2016 29830 PERKINS ENGINEERING CONSULTANTS, INC. I-3586 PROJECT R 11/02/2016 I-3590 NITRICATION ACTION PLAN R 11/02/2016 I-3592 CAP IMPROV PLAN R 11/02/2016 28120 RECORDED BOOKS I-75422279 AUDIO BOOKS R 11/02/2016 I-75425056 AUDIO BOOKS R 11/02/2016 16900 RED THE UNIFORM TAILOR I-OOG26592 UNIFORM SET UP NEW HIRE 775 R 11/02/2016 30260 RICOH USA I-97656743 COPIER RENT / 14AINT R 11/02/2016 h 25020 SANGER HARDWARE I I-B53970 FUSE ELEC FAST ACT R 11/02/2016 I-B54009 ELBOW GLV 2" 90DEGREE R 11/02/2016 I-B54096 SOFT SWEEP, HANDLE R 11/02/2016 [ I-B54112 5 WOOD FURRING STRIP/4 7/16 OS R 11/02/2016 I-05659 FOAMING WASP, WRENCH, DAWN R 11/02/2016 I-05842 FASTNERS R 11/02/2016 30380 SIGN A RAM.A I-26060 ROAD PROJ SIGN R 11/02/2016 T & T FLOWERS & GIFTS I-DOCONNOR T & T FLOWERS & GIFTS R 11/02/2016 00100 TMRS I-RETPY10.14.16 TORS R 11/02/2016 I-RETPY10.28.16 T14RS R 11/02/201E 02890 UNDERGROUND, INC. I-0047011 RENTAL OF JET TRUCK R 11/02/201E I-0047077 RENTAL OF JET TRUCK R 11/02/201'e PAGE: 3 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT 1,756.40CR 064651 1,754.35CR 064651 195.000R 064651 3,705.75 1,375.000R 064652 3,772.40CR 064652 3,784.30CR 064652 8,931.70 40.49CR 064653 17.99CR 064653 58.48 634.000R 064654 634.00 142.04CR 064655 142.04 9.98CR 064656 9.99CR 064656 24.48CR 064656 70.91CR 064656 81.29CR 064656 39.92CR 064656 236.57 1,000.00CR 064657 1,000.00 60.000R 064658 60.00 16,608.92CR 064659 16,592.72CR 064659 33,201.64 3,975.000R 064660 1,500.000R 064660 5,435.00 11/02/2016 4:26 PI4 PACKET: 08468 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT V, A NAME / I.D. DESC TOTAL ERRORS: 0 A / P CHECK REGISTER ** T 0 T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE CHECK DISCOUNT P14OUNT NO# NO# DISCOUNTS CHECK MIT TOTAL APPLIED 30 7.78 94,830.85 94,838.63 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 31 7.78 94,830.85 94,838.63 PAGE: 4 CHECK AMOUNT 11/02/2016 4:26 P14 PACKET: 08468 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT V. A NA14E / I.D. DESC A / P CHECK REGISTER CHECK CHECK TYPE DATE DISCOUNT AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD A14OUNT 001 11/2016 27,927.76CR 008 11/2016 22,224.79CR 110 11/2016 687.60CR 180 11/2016 13,124.84CR 41 11/2016 977.51CR 840 11/2016 29,888.35CR ALL 94,830.85CR PAGE: 5 CHECK CHECK NO# AMOUNT 11/02/2016 4:09 PM A / P CHECK REGISTER PACKET: 08467 Regular Payments VENDOR SET: 99 BANK EMP B EMPLOYEE BENEFIT FUND CHECK CHECK Vi A NAME / I.D. DESC TYPE DATE 30790 EYEMED I-162650451 VISION INSURANCE OCT 2016 R 11/02/2016 I-163016663 VISION INSURANCE NOV 2016 R 11/02/2016 10610 LEADERSLIFE INS. COMPAITY I-61529 NOV 2016 LIFE INSURANCE COVERA R 11/02/2016 30560 MUTUAL OF O1-1AHA I-000585379213 OCT&NOV 2016 LIFE INSURANCE R 11/02/2016 30590 UNITED HEALTHCARE INSURANCE C014PANY I-093335637637 HEALTH&DENTAL INSURANCE 11/16 R 11/02/2016 E TOTAL ERRORS: 0 ** T 0 T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: 1 CHECK CHECK DISCOUNT A14OUNT NO# AMOUNT 632.69CR 000440 632.69CR 000440 1,265.38 86.66CR 000441 86.66 2,530.88CR 000442 2,530.88 38,181.59CR 000443 38,181.59 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 4 0.00 42,064.51 42,064.51 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 4 0.00 42,064.51 42,064.51 11/02/2016 4:09 P14 PACKET: 08467 Regular Payments VENDOR SET: 99 BANK EMP B EMPLOYEE BENEFIT FUND V, A NP14E / I.D. DESC A / P CHECK REGISTER CHECK CHECK TYPE DATE DISCOUNT ** POSTING PERIOD RECAP ** FUND PERIOD A14OUNT ------------------------------------------- 110 11/2016 42,064.51CR ALL 42,064.51CR PAGE: 2 CHECK CHECK A14OUNT N04 AMOUNT 11/09/2016 2:57 P14 A / P CHECK REGISTER PACKET: 08484 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VL A NA14E / I.D. DESC TYPE DATE 00600 CITY OF SANGER I-9/12/16-10/12/16 9/12/16-10/12/16 D 11/09/2016 26810 BANK OF TEXAS I-11.01.16 SANG412GOR D 11/09/2016 I-111516 SANG1115CO D 11/09/2016 28710 AFFORD -IT TIRES 1-9261 1 IL-15 R 11/09/2016 02460 AT&T MOBILITY 1-9/23/16-10/22/16 9/23/16-10/22/16 R 11/09/2016 01550 ATMOS I-10/4/16-11/3/16 10/4/16-11/3/16 R 11/09/2016 30650 BAKER & TAYLOR I-5014298678., COLLECTION BOOKS R 11/09/2016 I-5014301772 BOOKS FOR COLLECTION R 11/09/2016 30800 BRET MILLER I-201611076334 TRAVEL PER DIE14 R 11/09/2016 23880 BUREAU VERITAS NORTH Ai4ERICA, INC I I-1344266 COMMERCIAL INSPECTION/PLAN REV R 11/09/2016 20410 CARE NOW CORPORATE i I-982457 PRE EMPLOYMENT DRUG SCREEN R 11/09/2016 27460 CHINOOK 46 I-0094745-IN 1 LEMK PRO PATROL OFFICER MEDI R 11/09/2016 I-0095166-IN LEMK PATROL OFFICER MEDICAL KI R 11/09/2016 00800 COSERV ELECTRIC I-9/17/16-10/16/16 9/17/16-10/16/16 R 11/09/2016 i ['.. 23620 COTE'S MECHANICAL i "r I-CI42016761 ICE MACHINE RENTAL JULY-16 R 11/09/2016 00710 DATA BUSINESS FORMS INC. I-110264 CUSTOMER SERVICE CARDS R 11/09/2016 DISCOUNT A14OUNT PAGE: 1 CHECK CHECK NO# AMOUNT 29,407.26CR 000000 29,407.26 25,725.00CR 000000 199,150.00OR 000000 224,875.00 300.00OR 064687 300.00 756.32CR 064688 756.32 423.39CR 064689 423.39 86.04CR 064690 265.91CR 064690 351.95 75.00OR 064691 75.00 2,648.84CR 064692 2,648.84 130.00OR 064693 130.00 99.68CR 064694 99.68CR 064694 199.36 2,663.52CR 064695 2,663.52 354.00OR 064696 354.00 53.70CR 064697 53.70 11/09/2016 2:57 PM A / P CHECK REGISTER PACKET: 08484 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK V. A NP14E / I.D. DESC TYPE DATE 22180 DEBORAH L. RIDGE, RN, CA-CP SANE I-569-A SANE ASSUALT CASE S11011673 R 11/09/2016 18190 DEPART14ENT OF INFORMATION RESOURCE I-17091022N SEPT LONG DISTANCE 2016 R 11/09/2016 28070 EPP, CINDY I-OCTOBER 2016 YOGA INSTRUCTIO FOR OCTOBER R 11/09/2016 23820 FERGUSON WATERWORKS I-0818022-2 GALB SIGN POST, MRKR SIGN, MAN R 11/09/2016 I-0821039 BLT GSKT, BLT COUP, WDG REST G R 11/09/2016 18790 FUELMAN I-NP48876442 10/31/16-11/6/16 R 11/09/2016 01070 GALLS INC. I-006291398 3 TEXTROP UNDERVEST LS SHIRTS R 11/09/2016 I-006291405 2 HAWK LAPEL MIC W/E.ARPIECE R 11/09/2016 E I-006291406 3 14NS WWP LS TECH TEE R 11/09/2016 07350 GENTLE'S OIL AND TIRE j I-102116 TIRE REPAIR 772-UNIT R 11/09/2016 i 29620 GOODYEAR COI-MERCIAL TIRE I-201611096338 FINANCE CHARGE R 11/09/2016 I-233-10147453 2 GY 265 UNIT 09-20 R 11/09/2016 ` I-233-1017375 2GY 265 UNIT 10-20 R 11/09/2016 I-233-1017435 2 GY DD 265 UNIT 12-20 R 11/09/2016 I-233-1017504 4 GY DD 265 UNIT 07-20 R 11/09/2016 IDENTOGO I-11GV7G FINGERPRINTS/ADAM TOSTADO R 11/09/2016 23760 KEEPITSAFE, INC.-LIVEVAULT I-2880731 INTERNET VAULT-OCT R 11/09/2016 08210 KWIK KAR I-57402 INSPECTION 1999 SPOOL TRAILER R 11/09/2016 I-57406 INSPECTION 1999 SPOOL TRAILER R 11/09/2016 01310 LUTTRULL MCNATT, INC. I-CVCS673598 REPLACE COOLING FANS RELAYS R 11/09/2016 ,. I-CVW518159 HOSE UNIT 15-20 R 11/09/2016 PAGE: 2 CHECK CHECK DISCOUNT A14OUNT N04 AMOUNT 450.00OR 064698 450.00 35.50CR 064699 35.50 360.00OR 064700 360.00 230.00OR 064701 852.55CR 064701 1,082.55 1,825.07CR 064702 1,825.07 146.22CR 064703 180.98CR 064703 97.08CR 064703 424.28 10.00OR 064704 10.00 1.15CR 064705 266.08CR 064105 266.17CR 064705 266.08CR 064705 525.40CR 064705 1,324.88 10.00OR 064706 10.00 1,147.80r_R 064707 1,147.80 7.00CR 064708 7.00OR 064708 14.00 379.95CR 064709 89.00OR 064709 468.95 11/09/2016 2:57 214 A / P CHECK REGISTER PACKET: 08484 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VE. .,t NA14E / I.D. DESC TYPE DATE 08690 O'REILLY AUTO PARTS I-1959-317318 MULTI RELAY UNIT 15-20 R 11/09/2016 I-1959-320210 EYEWEAR R 11/09/2016 I-1959-321720 CLOCK SPRING 4-20 2012 TAHOE R 11/09/2016 I-1959-322583 OIL FILTER UNIT 10-20 R 11/09/2016 02970 OFFICE DEPOT I-869530294001 FILE STORAGE, PAPER R 11/09/2016 I-873036613001 1 INCH BINDERS/BLK & BLUE PENS R 11/09/2016 I-873036613002 CLIP BOARD R 11/09/2016 I-873388397001 LEGAL PADS R 11/09/2016 I-874472334001 14ISC SUPPLIES R 11/09/2016 I-874472446001 PLEDGE R 11/09/2016 25830 PACHECO KOCH, LLC i I-37249 MCREYNOLDS RD RECON R 11/09/2016 12710 PETTIT MACHINERY, INC I-P17535 WATER PUMP R 11/09/2016 1 j 26380 PIERCY, MEGH.ANN i I-FALL2016 TUITION REIMBURSEMENT R 11/09/2016 `• 12820 RICOH USA, INC {{ I-5044836146 COPIER OCT 16 PUBLIC WORKS R 11/09/2016 29410 SAMANTHA SPRINGS BOTTLING I-373403 ANNUAL OCT-SEP R 11/09/2016 I-378436 DELIVERY CITY HALL R 11/09/2016 291'() SAMANTHA SPRINGS BOTTLING I-378429 WATER DELIVERY R 11/09/2016 I 10570 THE SPORTSMAN I-1015086 FUEL R 11/09/2016 :. 29990 STEPHENSON, CAMERON I-201611076335 TRAVEL PER DIE14 R 11/09/2016 I 16550 UNIQUE PAVING IiATERIALS I-258634 ASPHALT R 11/09/201E PAGE: 3 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT 1.32CR 64.56CR 064710 0.75CR 36.65CR 064710 2.93CR 143.51CR 064710 0.12CR 5.94CR 064710 250.66 45.56CR 064711 27.95CR 064711 24.99CR 064711 18.88CR 064711 111.58CR 064711 7.99CR 064711 236.95 1,131.000R 064712 1,131.00 529.95CR 064713 529.95 1,000.00CR 064714 1,000.00 15.24CR 064715 15.24 87.90CR OW16 7.90CR 064716 95.80 7.90CR 064717 7.90 39.69CR 064718 39.69 75.000R 064719 75.00 2,709.70CR 064720 2,709.70 11/09/2016 2:57 PM A / P CHECK REGISTER PACKET: 08484 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK V, ,R NA14E / I.D. DESC TYPE DATE 27960 YOUNG GUNS AUTO INC I-2567 4 WHEEL ALIGN14ENT UNIT 07-20 R 11/09/2016 30600 TASC I-11.11.16 ILIFF TASC ILIFF D 11/11/2016 I-FSCPY10.14.16 FLEX D 11/11/2016 I-FSMPY10.14.16 FLEX D 11/11/2016 I -ROLL OVER 15-16 TASC ROLL OVER 15-16 D 11/11/2016 I -WELCH OCON 11.11 TASC D 11/11/2016 TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: 4 CHECK CHECK DISCOUNT P14OUNT N04 AMOUNT 75.000R 064721 75.00 644.49CR 000000 208.33CR 000000 2,004.61CR 000000 3,829.21CR 000000 62.17CR 000000 6,748.81 N04 DISCOUNTS CHECK MIT TOTAL APPLIED 35 5.12 21,276.00 21,281.12 0 0.00 0.00 0.00 0 0.00 0.00 0.00 3 0.00 261,031.07 261,031.07 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 38 5.12 282,307.07 282,312.19 11/09/2016 2:57 P14 PACKET: 08484 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT V, ,R NAME / I.D. DESC A / P CHECK REGISTER CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT N04 ** POSTING PERIOD RECAP ** FUND PERIOD A14OUNT 001 11/2016 25,810.76CR 003 11/2016 11,334.000R 004 11/2016 1,131.000R 008 11/2016 239,174.42CR 180 11/2016 4,856.89CR ALL 282,307.07CR PAGE: 5 CHECK AMOUNT S kg D TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Ll Yes Lj Not Applicable Lj Yes Lj Not Applicable Council Meeting Date: November 21, 2016 Submitted By: Audrey Tolle City Manager Reviewed/Approval Initials A<-6 Date 11 /7-A ACTION REQUESTED: []ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Interlocal Cooperation Agreement for Library Services FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE ®REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: 2010 PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount $15,800 $15,800 Encumbered Amount BALANCE $15,800 $15,800 FUND(S) TO BE USED: General ®$ 15,800 Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Denton County has provided library funding so that city libraries will provide services to County citizens who live in unincorporated areas. Total County funding was not reduced this year. The Calculation Worksheet for County Funding has been attached for the City Council's review. STAFF OPTIONS & RECOMMENDATION Recommend approval. List of Supporting Documents/Exhibits Attached: Three originals of the Interlocal Agreement document. Prior Action/Review by Council, Boards, Commissions or Other Agencies: THE STATE OF TEXAS § § SANGER PUBLIC LIBRARY COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as ("the COUNTY"), and the City of Sanger, a municipality of Denton County, Texas, hereinafter referred to as ("the MUNICIPALITY"), and has an effective date of October 1, 2016. WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of the COUNTY; and WHEREAS, the MUNICIPALITY is a duly organized municipality in Denton County, Texas, engaged in the provision of library and related services for the benefit of the citizens of the MUNICIPALITY; and WHEREAS, the COUNTY has requested, and the MUNICIPALITY has agreed to provide library services for all residents of the COUNTY; and WHEREAS, the COUNTY and the MUNICIPALITY mutually desire to be subject to the provisions of Chapter 791 of the Texas Govermnent Code, the Interlocal Cooperation Act and Chapter 323 of the Texas Local Government Code, regarding County Libraries. NOW, THEREFORE, the COUNTY and the MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. The term of this Agreement shall be for the period from October 1, 2016, through September 30, 2017. II. For the purposes and consideration herein stated and contemplated, the MUNICIPALITY shall provide library services for the residents of the COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in the COUNTY, Texas, such individual(s) shall be entitled issuance, at no cost, a library card to be used in connection with said library services. 2015 - 2016 ICA - Library Agreement — Sanger Public Library Page I of 6 The MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: 1. Educational and reading incentive programs and materials for youth. 2. Functional literacy materials and/or tutoring programs for adults. 3. Job training/career development programs and/or materials for all ages. 4. Outreach services to eliminate barriers to library services. 5. Educational programs designed to enhance quality of life for adults. III. The COUNTY designates the County Judge to act on behalf of the COUNTY and serve as liaison officer for the COUNTY with and between the COUNTY and the MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of the COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of the COUNTY in full compliance with the terms and conditions of this Agreement. The County Judge shall provide immediate and direct supervision of the COUNTY'S employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the COUNTY and the MUNICIPALITY. IV. The MUNICIPALITY shall designate act on behalf of the MUNICIPALITY and to serve as liaison officer for the MUNICIPALITY with and between the MUNICIPALITY and the COUNTY to insure the performance of all duties and obligations of the MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of the MUNICIPALITY in full compliance with the terms and conditions of this Agreement. shall provide management of the MUNICIPALITY'S employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the MUNICIPALITY and the COUNTY. The MUNICIPALITY shall provide the COUNTY with a copy of the annual report submitted to the Texas State Library and shall respond to the COUNTY'S annual questionnaire as documentation of the MUNICIPALITY'S expenditures and provision of service. 2015 - 2016 ICA - Library Agreement — Sanger Public Library Page 2 of 6 V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures and coordination of all work performed under the terms and conditions of this Agreement. The MUNICIPALITY shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY as stated in this Agreement and shall give all attention required for proper supervision and direction of their employees. VI. The MUNICIPALITY agrees that its established library shall assume the functions of a county library within Denton County, Texas, and to provide a librarian who meets the requirements of the MUNICIPALITY'S job description. VII. The COUNTY and the MUNICIPALITY agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds and for those of its agents or employees. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. The MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall not represent themselves to be employees, servants, agents and/or representatives of the COUNTY. To the fullest extent permitted by law, the MUNICIPALITY agrees to hold harmless and indemnify the COUNTYfrom and against any and all claims and for all liability arising out of, resulting from or occurring in connection with the performance of the work hereunder, including but not limited to, any negligent act or omission of the MUNICIPALITY, its officers, agents or employees. The COUNTY and the MUNICIPALITY acknowledge and agree that the COUNTY does not waive any sovereign or governmental immunity available to the COUNTY under Texas law and does not waive any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 2015 - 2016 ICA- LibraryAgreement— Sauger Public Library Page 3 of 6 VIII. This Agreement is not intended to extend the liability of the parties beyond that provided by law, Neither the MUNICIPALITY nor the COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. IX. Any notice required by this Agreement shall be delivered, in writing, by either the COUNTY or the MUNICIPALITY to the following addresses: The address of the COUNTY is: The address of the MUNICIPALITY is: County Judge, Denton County 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Telephone: 940-3 49-2820 The City of Sanger through Sanger Public Library 501 Bolivar Street Sanger, Texas 76266 Attention: Audrey Tolle Telephone: 940-458-3257 X. For the full performance of the services above stated the COUNTY agrees to pay the MUNICIPALITY fees as described herein from current revenues available for such payment. The COUNTY shall pay the MUNICIPALITY fees in the amount of FIVE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($5,800.00), based upon North Central Texas Council of Governments service population allocation figures provided to the COUNTY by the Library Advisory Board, payable in equal quarterly installments to the MUNICIPALITY commencing on October 1, 2016. The Allocation chart setting forth said figures is attached hereto and incorporated herein for all intents and purposes as Exhibit "A." In addition, the COUNTY agrees to pay the MUNICIPALITY an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in matching funds upon the following conditions: 1. The MUNICIPALITY shall attempt to secure funding from sources other than the COUNTY. 2, Upon receipt of additional funding, the MUNICIPALITY shall provide proof of the receipt of such fiords to the Denton County Auditor on a quarterly basis, 3. The COUNTY shall match the MUNICIPALITY'S additional funding in an amount not to exceed $10,000.00. 2015 - 2016 ICA - Library Agreement —Sanger Public Library Page 4 of 6 4. Payment by the COUNTY to the MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and payment shall be satisfied from current revenues of the COUNTY. All funding by the COUNTY to the MUNICIPALITY is subject to the condition that the MUNICIPALITY shall have in place technology protection measures (commonly referred to as "filters") with respect to any computers used by the public that have Internet access which are designed to block access through such computers to visual depictions that are (1) obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography. The technology protection measures shall be in compliance with the Children's Internet Protection Act. The MUNICIPALITY hereby certifies that its libraries have either installed and are using the required technology protection measures during use of its computers that have Internet access by the public at the present time or will have such protection measures in place and operational by October 1, 2016. XI, This Agreement may be terminated, at any time, by either party by giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, the MUNICIPALITY shall be compensated pro rata for all services performed to the termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should the MUNICIPALITY be overcompensated on a pro rata basis for all services performed to the termination date or be overcompensated for reimbursable expenses as authorized by this Agreement, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. MI. This Agreement represents the entire integrated Agreement between the MUNICIPALITY and the COUNTY and supersedes all prior negotiations, representations and/or Agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the MUNICIPALITY and the COUNTY. XIII. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable and all compensation payable in Denton County, Texas. 2015 - 2016 ICA - Library Agreement — Sanger Public Library Page 5 of 6 XIV. In the event any portion of this Agreement shall be found to be contrary to law it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in triplicate originals on the dates set forth below. The COUNTY The MUNICIPALITY By: ---- Mary Horn, County Judge Denton County, Texas Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas ATTEST: Denton County Clerk By:.,_. _ Name: Title: Acting on behalf of and by the authority of the City Council of Sanger, Texas DATED: ATTEST: By: City Secretary APPROVED AS TO FORM: APPROVED AS TO CONTENT: By: Assistant District Attorney Direct r Library Services AUDITOR'S CERTIFICATE I hereby certify that fiends are available in the amount of $ to accomplish and pay the obligation of Denton County under this agreement. James Wells, Denton County Auditor 2015 - 2016 ICA - Library Agreement— Smiger Public Library Page 6 of 6 u v c o c c O S D O — r r m C r y C W N o cy cr 7C C co O X co o o Q (D � m (n D n O 0 r m o w— m 7 0 K r O m m o m C� Z m O m v w N __w v r- X� m ={ �r'< --<< rn w �' c z m� 0 O o p -z-I v C z to p Z � 0 00 N m>> W 0o Ul m W m W W O J m U) m co W w -0.m m 41 O O O O O O O O O J UU (n O N (n m O U1 O IV 0 CD F (D 0 N O < [-- W W (D m J N (D (D J C) W m (I l O .A A i W W C) (D N o -� N m Cn O N Oo J (31 Oo Oo O O O O O J O O O O O w (7 Co O (h co > A (D A Ul W N Oo A (D A �! -(n m (D J O) (n ? i m Co O v 0 W C) (D W O N A w V W O (077 Ul co O U) O to 69 69 ffl <fl 6) W 69 69 fA 69 69 69 r m 0 0 n 0 D D W O m Z D o (ND Un — N (Nl) W N (D C,w -`1 — (D W W , (.nA -4 O O w O) o m A 0 m Cn U) (D A G/i 69 69 69 69 Gfl W 6 9 GA 69 69 69 ffl � C D Z -{ S ca p O 0 0 p O 0 O O 0 O 0 O O O CDO O O 64 fA 69 69 G9 69 09 b9 w 6i 69 1.9 69 W W J M Cn -� D O o Vt > N Cn W W N O m (D i O w J w j m A -,AO O cn m (Jt co m w m J cn CJl 4 W m O m A 0 Co Cn Cn (D A _ 69 — 0 C Z W O rn m (]) > W cn co W N (�D p 4 _(Wo W W O A w M M M W O p O O O O O O O O O O O O O O O O 0 0 O O (D 0 D 0 z O yr z G) C) Oz00j Om -� C -_i 0 O Ocmnzi z � � r 0 r- z W m cn (On N coo J m W W v O 0 m z -► 0 z 0 0 n 70 Z =D-G z r c? y a) X ,n C z Q G) m o�fJ CD CD4'm O co (n - O 0— O N p 3 V CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes X Not Applicable Council Meeting Date: Submitted By: November 21, 2016 Alina Ciocan, Director of Economic & Community Development City Manager Reviewed/Approval Initials 124�6 Date ACTION REQUESTED: ®ORDINANCE 11-23-16 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑OTHER AGENDA CAPTION Consider, Discuss and Possibly Act on Ordinance 11-23-16 Annexing Properties Located Along the East Side of Marion Road Approximatley 2,000 Feet North of FM 455. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The property owners are requesting voluntary annexation of parcels totaling approximatley 67 acres into the city limits. The developer has submitted two preliminary plats that would subdivide the properties into two separate subdivisions, Sanger Circle Estates and Parkbrook. They are currently under review by City staff. If annexed, the properties will be initially zoned A — Agricultural District. The applicant has submitted a rezoning request for the area to permit subdividing the property for single family residential uses. STAFF OPTIONS & RECOMMENDATION Staff is recommending that the City Council grant the landowner's petition to annex the area and adopt the attached ordinance annexing the area into the city limits. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Ordinance None • Aerial Photo of Subject Area 0 Voluntary Annexation Request ORDINANCE 11-23-16 AN ORDINANCE ANNEXING PROPERTIES ALONG THE EAST SIDE OF MARION ROAD BETWEEN FM 455 AND HULING ROAD INTO THE CITY OF SANGER, DENTON COUNTY, TEXAS, AND EXTENDING THE BOUNDARIES OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED AREA WITHIN THE CITY LIMITS AND GRANTING TO SAID AREA AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCE OF SAID CITY; WHEREAS, the City of Sanger is authorized to annex area in accordance with V.T.C.A. Local Government Code 43.028 and its home rule charter and by statute; and WHEREAS, the owners of these properties have submitted a petition to the City of Sanger to annex the area, that the area is less than one-half mile in width, that the area is contiguous to the present city limits, that the area is vacant; and WHEREAS, the City of Sanger has granted said petition to annex the area; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 The area hereinafter described is hereby annexed into the city, and that the boundary limits of the City are hereby extended to include said territory within the city limits, and the same shall hereafter be included within the territorial limits of said city, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the acts and ordinances of said City. The subject area is the properties listed below, along with the adjacent public rights -of -way: RNUMBER LEGAL DESCRIPTION 658070 MARION POINT ACRES BLK A LOT la 658071 MARION POINT ACRES BLK A LOT 2a 658072 MARION POINT ACRES BLK A LOT 3a 658073 MARION POINT ACRES BLK A LOT 4a 658074 MARION POINT ACRES BLK A LOT 5a 658075 MARION POINT ACRES BLK A LOT 6a 658076 MARION POINT ACRES BLK A LOT 7a 658077 MARION POINT ACRES BLK A LOT 8a 658082 MARION POINT ACRES BLK A LOT 5rl 658083 MARION POINT ACRES BLK A LOT 5r2 658084 MARION POINT ACRES BLK A LOT 56 658085 MARION POINT ACRES BLK A LOT 5r4 658086 MARION POINT ACRES BLK A LOT 5r5 658087 MARION POINT ACRES BLK A LOT 5r6 658088 MARION POINT ACRES BLK A LOT 5r7 658089 MARION POINT ACRES BLK A LOT 5r8 658090 MARION POINT ACRES BLK A LOT 5r9 658091 MARION POINT ACRES BLK A LOT 5r10 658093 MARION POINT ACRES BLK B LOT 5r1 658094 MARION POINT ACRES BLK B LOT 5r2 658095 MARION POINT ACRES BLK B LOT 56 658096 MARION POINT ACRES BLK B LOT 5r4 658097 MARION POINT ACRES BLK B LOT 5r5 658098 MARION POINT ACRES BLK B LOT 5r6 Section 2 The City Secretary is hereby directed to file with the Denton County Clerk and other appropriate officials and agencies, as required by estate and federal law and city annexation procedures, certified copies of this ordinance. Section 3 This ordinance will take effect immediately fiom and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 21th day of November, 2016. APPROVED: ATTEST: Thomas Muir, Mayor Cheryl Price, City Secretary 11/10/16 I hereby request the following property to be annexed by the City of Sanger. Benison Hgrx. LLC By: Jonath Tzayching Wa g, member State of Texas County of Denton This instrument was acknowledged before me on the 10`h day of Nov.,2016, by Jonathan Tzayching Wang, member of Benison Home LLC, on be MICHELE LECLAIRE { '!�,'r,: ID U 11066339 Notary Public,State \ z Notary Public, State of Texas %, + t,4y Commission Expires °Fj�° .12/1512017 Texas id company. 9 LEGAL Marion Point Acres Block B Lot 5r1 Block B Lot 5r2 Block B Lot 56 Block A Lot 5 r5 Block Lot 5r4 Block A Lot 5 r3 Block A Lot5r2 Block A Lot 5r1 11/10/16 I hereby request the following property to be annexed by the City of Sanger. PJTW Creations, LLC By. Jonath n Tzayching Wang, member State of Texas County of Denton This instrument was acknowledged before me on the 10th day of Nov.,2016, by Jonathan Tzayching Wang, member of PJTW Creations, LLC, on bees ff o s id company. 3 8p(;Fy,,, MICHELE LECLAIRE Notary Public,State of T a' ID#1106639 vN� Notary Public, State of Texas Wr �" My Commission Expires °F�"�� 12/15/2017 LEGAL Marion Point Acres Block A Lot 5r10 Block A Lot 5 r9 Block Lot 5r8 Block A Lot 5r7 Block Lot 5r6 Block B Lot 5r4 Block B Lot 5r5 Block B Lot 5 r6 11/10/16 I hereby request the following property to be annexed by the City of Sanger. Sanger Circle Property, LP By:LeGant Homes LLC, its: General Partner Edwin T. McBirney, manager State of Texas County of Denton This instrument was acknowledged before me on the 10th day of Nov.,2016, by Edwin T. McBirney, manager of Sanger Circle Property, LP the General ner of LeGant Homes, LLC, on behalf of said company. MICHELE LECLAIRE IDIt11066339 $ :Notary Public. State of Texas My Commission Expires Notary Public,State of Fof`��� 1.2/15/2017 Ab • Marion Point Acres Block A Lot 8A Lot 7A Lot 6A Lot 5A Lot 4A Lot 3A Lot 2A Lot 1A CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Ej Yes Z Not Applicable Council Meeting Date: Submitted By: November 21, 2016 Alina Ciocan, Director of Economic & Community Development City Manager Reviewed/Approval Initials Date , _1 7 , l0-' ACTION REQUESTED: ® ORDINANCE 11-24-16 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑OTHER AGENDA CAPTION Consider, Discuss and Possibly Act on Ordinance #11-24-16 Amending the Comprehensive Zoning Ordinance by Changing the Zoning Classification From SF-10 Single Family Residential District to PD- SF-10 Planned Development Single Family Residential District on Properties Within Sanger Circle Development Phase 3 and Phase 4. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject properties are part of the Sanger Circle Development Phase 3 and Phase 4. Staff has been approached by the developer and several home builders in Sanger Circle asking to reduce the minimum rear yard and side yard to accommodate larger homes, in particular larger one-story homes. The request is to reduce the minimum rear yard from 25 feet to 15 feet and the minimum side yard from 8 feet to 6 feet. STAFF OPTIONS & RECOMMENDATION Staff recommends that the City Council approve the attached ordinance. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Ordinance • P&Z Staff Report The Planning & Zoning Commission conducted a public • Aerial Map hearing on November 14, 2016 and unanimously • Sanger Circle Phase 3 & 4 Final Plats recommended denial of the rezoning. ORDINANCE 11-24-16 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING CLASSIFICATION FROM SF-10 SINGLE FAMILY RESIDENTIAL DISTRICT TO PD-SF-10 PLANNED DEVELOPMENT SINGLE FAMILY RESIDENTIAL DISTRICT ON PROPERTIES WITHIN SANGER CIRCLE DEVELOPMENT PHASE 3 AND PHASE 4; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearings for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the properties legally described as follows within Sanger Circle Phase 3 and Phase 4 are subject to this ordinance: Sanger Circle Phase 3 o Block B, Lots 19 — 25 o Block D, Lots 5 — 41 o Block E, Lots 1 —16 o Block F, Lots 1 — 6 All lots in Sanger Circle Phase 4 Section 2. The zoning classification on the herein above described properties is hereby changed from SF-10 Single Family Residential District to PD-SF-10 Planned Development Single Family Residential District. Section 3. The Planned Development Single Family Residential District shall have the following permitted uses and area regulations: GENERAL PURPOSE AND DESCRIPTION — The district is intended to accommodate single-family residential development with the requirements as outlined below. PERMITTED USES: A. Uses permitted in the SF-2 through SF-10 districts are outlined in the chart in Section 30. AREA REGULATIONS: A. Size of Yards: 1. Minimum Front Yard - Twenty-five feet (25') 2. Minimum Side Yard - Six feet (6'); Fifteen feet (15') on corner adjacent to side street. No side yard for allowable nonresidential uses shall be less than twenty-five feet (25'). 3. Minimum Rear Yard - Fifteen feet (15') B. Size of Lots: 1. Minimum Lot Area - Six thousand five hundred (6,500) square feet 2. Minimum Lot Width - Sixty feet (60') 3. Minimum Lot Depth -One hundred feet (100') C. Minimum Dwelling Size: One thousand two hundred (1,200) square feet D. Maximum Lot Coverage: Forty percent (40%) by the main building; Sixty percent (60%) by the main building, accessory buildings, driveways and parking; and any other concrete work, flat work, etc. E. Parking Regulations: Not less than two (2) off-street parking spaces shall be provided behind the front yard line. Off-street parking spaces and Loading Requirements shall be provided in Section 32. F. Other Regulations: 1. Accessory Buildings: a. Minimum Front Yard - Sixty feet (60') b. Minimum Side Yard -Ten feet (10') c. Minimum Rear Yard - Ten feet (10') Section 4. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 6. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 7. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 21 st day of November, 2016. ATTEST: Thomas Muir, Mayor Cheryl Price, City Secretary SUgeh PLANNING & ZONING COMAUSSION WQ�TEXAS STAFF REPORT T Meeting Date: November 14, 2016 Prepared by: Alina Ciocan, Director of Economic & Community Dev. Conduct a Public Hearing, Consider, Discuss, and Possibly Take Action to Rezone 146 lots in Sanger Circle Phase 3 and Sanger Circle Phase 4 from SF - Subject: 10 Single Family Residential District to PD-SF-10 Planned Development Single Family Residential District to Reduce the Minimum Rear Yard from 25 feet to 15 feet, and Reduce the Minimum Side Yard from 8 feet to 6 feet. C : ► lTZ�lil►`17 The subject properties are part of the Sanger Circle development, Phase 3 and 4 (as per attached map). Staff has received feedback from the developer and various home builders that are currently building in Sanger Circle asking to reduce the minimum rear yard and side yard to accommodate a larger one-story house to be built on the lots. Sanger Circle Phase 3 and Phase 4 are zoned SF- 10. PROPOSED ACTION This is a request to rezone 146 lots in Sanger Circle Phase 3 and Sanger Circle Phase 4 from SF- 10 Single Family Residential District to PD-SF-10 Planned Development Single Family Residential District to reduce the minimum rear yard from 25 feet to 15 feet and reduce the minimum side yard from 8 feet to 6 feet. ISSUES FOR CONSIDERATION In making its recommendation to the City Council concerning a proposed zoning map amendment, the Planning and Zoning Commission shall consider the following factors: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole. 2. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings. 3. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unsuitable for development. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. City of Sanger Department of Economic & Community Development Planning & Zoning Commission November 14, 2016 The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified. 6. Any other factors which will substantially affect the public health, safety, morals or general welfare. STAFF RECOMMENDATION Staff finds that the proposed rezoning is in conformance with the Comprehensive Land Use Plan and general land use planning principles. Staff recommends approval of the proposed zoning map amendment. NOTIFICATION RESPONSE FORMS Staff mailed ten (10) public hearing notices to the owners of properties within 200 feet of the subject property. None were returned at the time of this report. ACTIONS FOR PLANNING & ZONING COMMISSION The Planning & Zoning Commission shall make a recommendation on this proposed rezoning to the City Council. FUTURE ACTIONS The City Council will conduct a public hearing and act on this request at their October 3, 2016 regular meeting. ATTACHMENTS • Aerial Photo of Subject Property • Sanger Circle Phase 3 & 4 Final Plats Page 2 of 2 aB_ 4 1.tlArogg g i a9 u ui 0o w �05 mm ° goo°Lis �mo�oo �^V� LL op Qm O� roA a bit J(imfl .S 111,10�6IM! �iHN HIM a%S$ps g rv:tr�� 3s man �� in kg xx E- In �� g s o `9so L L._„--{_ L —.L L..-j _.I.__L J.._.L_. L.._..— I L 1 I _. .J _.. i ..� L..a awaraovnl �� /! 3 I I= A a l P I Page i;, T . rnn/M1 i razors. ® s I kBg�l I ly°8lp�$�<� g } M11.919t.M16— s .. ��� ..� 19 � - -ra av- � a �1_��O \ 1 `n` � sv3 tl nxg �� •= tl j IU031MS..>i.105 3 M.CQ40.tOS gg ela r i 1 Jai;fg�� t 1Lei84-3] €EEEYi�apY$ Ol 3.EPEU.10 N 9 1 1 Npa a€ CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes ® Not Applicable Council Meeting Date: Submitted By: November 21, 2016 Alina Ciocan, Director of Economic & Community Development City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ®ORDINANCE 11-22-2016 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER [IAGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑OTHER AGENDA CAPTION Consider, Discuss and Possibly Act on Ordinance # 11-22-2016 Amending Chapter 13 of the Code of Ordinances to Adopt Rules and Regulations for Interconnection and Parallel Operation of Distributed Generation. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS [:]OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM In recent months, staff has received several inquiries about solar panels. Currently, the City does not have a policy in place to address renewable energy and interconnection to the City's electric system. The Sanger Electric Department is committed to providing its customers with reliable and high quality electric power. As part of this commitment, Sanger Electric is supporting and promoting the development of renewable energy projects in its territory. The proposed policy establishes rules and regulations for interconnection and parallel operation of distributed energy. STAFF OPTIONS & RECOMMENDATION Staff recommends that City Council adopt the attached ordinance. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: • Ordinance # 11-22-2016 None ORDINANCE # 11-22-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES TO ADOPT RULES AND REGULATIONS FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That Chapter 13 of the Sanger Code of Ordinances is hereby amended to read the following: ARTICLE 13.2700 Interconnection and Parallel Operation Sec.13.2701 Definitions 1. City means the City of Sanger. 2. Commercial/Industrial Generator means any business, firm, corporation, partnership, or other entity that is currently receiving electric service from the City and owning or operating a Power Generation installation of 20 kW or less and is currently classified as a commercial or industrial customer of the City of Sanger. 3. Commercial/Industrial Power Generating Installation shall mean a power production or cogeneration facility which generates 20 kW or less of electric power at a voltage of 480 volts or less from a commercial/industrial electric service at a customer's premise or at an off -site location that is connected to the City's electric distribution system including any generator and associated equipment, wiring, protective devices, or switches owned or operated by a Commercial/Industrial Generator. 4. Commercial/Industrial Generation means the generation of electric power of less than 20 kilowatts (kW) by a customer of the City of Sanger classified as a Commercial or Industrial customer. 5. Interconnection means the physical connection of a qualifying facility in accordance with applicable rules so that parallel operation with the City electric system can (or has) occur(ed). 6. National Electric Code (NEC) means the electrical code published by the National Fire Protection Association and adopted by the City, with or without amendment. 7. Residential Generator means any residential customer who owns or operates a Residential Power Generating Installation as defined herein. 8. Residential Power Generating Installation shall mean a power production or cogeneration facility which generates 10 kW or less of electric power at a voltage of 600 volts or less at a customer's premise or at an off -site location that is connected to the City's electric distribution system including any generator and associated equipment, wiring, protective devices, or switches owned or operated by a Residential Generator. 9. Small Generator's Power Generating Installation shall mean both the Residential and the Commercial/Industrial Generating Installations collectively. 10. Residential Generation means the generation of electric power of less than 10 kilowatt (kW) by a residential customer of the City of Sanger. 11. Small Generator shall refer to the Residential Generators and Commercial/Industrial Generators collectively. See.13.2702 Applicability 1. Interconnection and parallel operation of all qualifying Power Generating Installations in the City of Sanger shall be subject to the provisions of this Policy and to the provisions of the NEC. If any part of these sections shall be in conflict with any other provision of the City of Sanger ordinances, policies and statutes, these sections shall control. 2. Residential Power Generation greater than 10 kW is expressly prohibited. 3. Commercial/Industrial Power Generation greater than 20 kW is expressly prohibited. 4. Use of back-up generators during emergency situations where City electric service is temporarily disrupted shall not be prohibited; however, disconnection of City services by the City shall not constitute an emergency situation. 5. Power Generating using fuel, except for emergency generation as provided for herein, is expressly prohibited. Sec. 13.2703 Responsibilities of the Small Generator The conditions herein are precedent to any obligation of the City to interconnect or provide any form of electric utility service. Any Small Generator owning or operating a qualifying Small Generator's Power Generating Installation and desiring to interconnect with the City's system shall comply with the provisions herein. 1. Application and Compliance Small Generator shall apply for interconnection and otherwise comply with the rules, ordinances, policies and procedures of the City as adopted from time to time. 2. Small Generators shall not exceed the maximum generating kW's per meter. Where multiple meters exist for a single customer, maximum generating kW's shall not be aggregated. 3. Application for Interconnection and Permitting Prior to interconnection, Small Generator shall submit an application for Interconnection accompanied by a permit application to the Economic & Community Development Department, and shall include plans showing the electrical design of the Small Generator's Power Generating Installation including equipment for interconnection with the City's system. Such plans shall be signed and stamped by a licensed Professional Engineer. The Small Generator shall also provide such additional information as may be required by the City in order to ensure compliance with applicable provisions of the currently adopted edition of the NEC. Any review or acceptance of such plan by the City does not guarantee the adequacy of Small Generator's equipment to perform its intended function. The City disclaims any expertise or special knowledge relating to the design or performance of Small Generator's Power Generating Installations and does not warrant the efficiency, cost effectiveness, safety, durability, or reliability of such installations. No equipment or device required for generation, or interconnection shall be installed in advance of the City's approval and issuance of said permit. The City, at its election, may require third -party engineering review of any plans and specification associated with small generation as defined herein. Responsibility for the cost of a third party review, if required, shall be the responsibility of the Small Generator. 4. Extension of City's Facilities If an extension of City's distribution system is required for delivery of electric energy to a Small Generator's Power Generating Installation, whether or not in conjunction with another use, the City's adopted line extension policy shall apply. 5. Liability and Indemnification THE SMALL GENERATOR ASSUMES FULL RESPONSIBILITY FOR ELECTRIC ENERGY FURNISHED TO HIM OR HER AT AND PAST THE POINT OF INTERCONNECTION AND AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY OF SANGER, ITS RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE "CITY") HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS, ATTORNEY FEES, COSTS, EXPENSES AND ANY CAUSE OF ACTION THAT DIRECTLY RELATES TO OR IS A RESULT OF ANY ACT OR OMISSION OR BREACH OR NON-PERFORMANCE BY SMALL GENERATOR UNDER THIS POLICY EXCEPT THAT THE INDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING SOLELY FROM THE ACTION OR OMISSIONS OF THE CITY. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. THE SMALL GENERATOR SHALL BE RESPONSIBLE FOR ANY DAMAGE INCURRED TO CITY EQUIPMENT, INCLUDING BUT NOT LIMITED TO METERS, AS A RESULT OF THE INTERCONNECTION. THE CITY SHALL NOT BE LIABLE FOR EITHER DIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM FAILURES, INTERRUPTIONS, OR VOLTAGE AND WAVE FORM FLUCTUATIONS OCCASIONED BY CAUSES REASONABLY BEYOND THE CONTROL OF THE CITY, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD OR PUBLIC ENEMY, SABOTAGE AND/OR VANDALISM, ACCIDENTS, FIRE, EXPLOSION, LABOR TROUBLES, STRIKES, ORDER OF ANY COURT OR JUDGE GRANTED IN ANY BONA FIDE ADVERSE LEGAL PROCEEDING OR ACTION, OR ANY ORDER OF ANY COMMISSION, TRIBUNAL OR GOVERNMENTAL AUTHORITY HAVING JURISDICTION. 6. Comply with Laws The Small Generator shall comply with applicable Federal, State, and Local laws, ordinances, and regulations applicable to Small Generator's Power Generating Installations. 7. Inspection Prior to Energizing Upon approval of the Permit Application and prior to energizing the facility, the City may send a qualified person to the premises of the Small Generator to inspect the interconnection, and observe the facility's commissioning (including any testing), startup, and operation. Following initial startup, at reasonable hours, and upon reasonable notice, or at any time without notice in the event of an emergency or hazardous condition, the City shall have access to the Small Generator's premises for any reasonable purpose in connection with the operation of the facility. 8. Prevention of Safe Interconnection and Involuntary Disconnection In the event that it comes to the attention of the City that there are conditions preventing safe interconnection and proper parallel operation, it shall notify the Small Generator and the Small Generator shall not interconnect and/or initiate parallel operation until such conditions are corrected and the Small Generator has provided at least ten (10) days written notice to the City. In the event, following interconnection, that conditions arise that would preclude safe operation, the City shall request disconnection or disconnect the Small Generator until the conditions are corrected. City shall have the right to suspend service in cases where continuance of service to the Small Generator will endanger persons or property. During an outage of the City's utility system serving the customer, the City shall have the right to suspend the interconnection. 9. Disconnection by the Small Generator The Small Generator retains the option to disconnect from the City's utility system. The Small Generator will notify the City of its intent to disconnect by giving the City written notice of such intent. Sec. 13.2704 Parallel Operation 1. Installation With the exception of only the City's meter(s), the Small Generator shall own and be solely responsible for all expense, installation, maintenance, and operation of the power generating installation at and beyond the point where the Small Generator's conductors contact City's conductors and/or at transformation whichever is aligned with the City's line extension policy. The Small Generator's Power Generating Installation shall be designed and installed in accordance with applicable codes, regulations, and prudent engineering practices. 2. Self -Protected Generating Installation The Small Generator will furnish, install, operate, and maintain in good order and repair all equipment necessary for the safe operation of the Small Generator's Power Generating Installation in parallel with the City's electric distribution system. The equipment will have the capability to both establish and maintain synchronism with the City's system and to automatically disconnect and isolate the Power Generating Installation from the City's system due to either a malfunction of the Power Generating Installation or loss of power on the City's system. The Small Generator's Power Generating Installation will also be designed, installed, and maintained to be self -protected from normal and abnormal conditions in the City's electric distribution system. The conditions for which the Power Generating Installation shall be self -protected and shall include, but not be limited to, overvoltage, undervoltage, overcurrent, frequency deviation, and faults. The self-protection will be compatible with the City's system protection arrangements and operating policies. Specialized protective functions may be required by the City when, in the sole judgment of the City, the particular Power Generating Installation characteristics and/or distribution system characteristics so warrant. 3. Quality of Service Small Generator's Power Generating Installation will generate power at the nominal voltage of the City's electric distribution system at the Small Generator's delivery point plus or minus five percent (5%) at the nominal system frequency of 60 Hz or minus one half (1 /2) Hz. Small Generator shall generate at a power factor that is as near one hundred percent (100%) as is practicable. In the event that the power factor is less than ninety percent (90%) lagging or leading, the Small Generator will provide proper power factor correction (within ten percent (10%) of unity) or reimburse the City for the cost of any necessary correction. The overall quality of the power provided by Small Generator including, but not limited to, the effects of harmonic distortion, voltage regulation, voltage flicker, switching surges, and power factor, will be such that the City's electric distribution system is not adversely affected in any manner. The City shall have the right to immediately terminate service in the event of adverse effects to the City's electric system, caused in whole or in part by Small Generator's Power Generating Installation. The City shall, at the City's sole discretion, have the right to require the Small Generator to correct the cause of such effects, and to reimburse the City for the cost of any required correction. 4. Safety Disconnect The Small Generator shall provide and install, at the Small Generator's expense, a visible break disconnect switch. The disconnect switch will be located so as to be readily accessible to City personnel in a location acceptable to both the Small Generator and the City. Said disconnect shall be clearly identified by means of signage which shall read as follows: , WARNING ELECRIC SHOCK HAZARD DO NOT TOUCH TERMINALS TERMINALS ON BOTH LINE AND LOAD SIZE MAY BE ENERGIZED IN THE OPEN POSITION It shall be the type of switch which can be secured in an open position by a City padlock. The City shall have the right to lock the switch open whenever, in the judgment of the City, (1) it is necessary to maintain safe electrical operating or maintenance conditions, (2) the Small Generator's Power Generating Installation adversely affects the City's electric distribution system, or (3) there is a system emergency or other abnormal operating condition which warrants disconnection. The City reserves the right to operate the safety disconnect for the protection of the City's system even if it affects Small Generator's Power Generating Installation. In the event the City opens and closes the disconnect switch, it shall not be responsible for energizing or restoring parallel operation of the Power Generating Installation. The City will make reasonable efforts to notify the Small Generator in the event the disconnect switch has been opened. The Small Generator will not bypass the disconnect switch at any time for any reason. 5. Access Persons authorized by the City will have the right to enter the Small Generator's property for the purpose of operating or inspecting the automatic disconnect switch, the manual disconnect switch, or the metering. Such entry onto the Small Generator's property may be without notice. If the Small Generator erects or maintains locked gates or other barriers, the Small Generator will furnish the City with convenient means to circumvent the barrier for access to the disconnect switch and meter(s). 6. Modifications of City System In the event that it is necessary at the time of initial interconnection or at some future time for the City to modify its electric distribution system in order to accommodate the Small Generator's output, the Small Generator will reimburse the City for all just and reasonable costs of modifications which are allocable to the Small Generator's small Power Generating Installation. The modifications may include, but are not limited to, special interconnection equipment, protective devices, control devices, or upgrading of distribution system components. 7. Metering A net meter will be installed, maintained and operated by the City in accordance with the City's standard connection policy. Credits will be issued to the Small Generator at the current wholesale rate. 8. Notice of Change in Installation The Small Generator will notify the City in writing thirty (30) days in advance of making any change affecting the characteristics, performance, or protection of the Small Generator's Power Generating Installation. If it comes to the City's attention that the modification will create or had created conditions, which may be unsafe or adversely affect the City's system, then it shall notify the Small Generator and Small Generator shall immediately correct such conditions. 9. Prohibition of Purchases of Electricity from Small Generator In no event, shall the City pay the Small Generator for electricity produced by the Small Generator. Sec. 13.2705 Miscellaneous Provisions 1. The City Council shall have the authority to amend this policy from time to time as necessary. 2. It is expressly understood and agreed by Small Generator that at no time will Small Generator be acting as an agent of the City; and nothing contained in this policy is intended to create a partnership or joint venture between the Small Generator the City and any implication to the contrary is hereby expressly disavowed. 3. The City Manager or his or her designee is authorized to develop administrative rules to facilitate the efficient implementation of this section and protect the best interest of the city. SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. SECTION 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 21 st day of November, 2016. APPROVED: ATTEST: Thomas Muir, Mayor Cheryl Price, City Secretary