05/18/2015-CC-Agenda Packet-RegularSauvgL
*TEXAS
AGENDA
CITY COUNCIL
MONDAY, MAY 18, 2015
7:00 PM
502 ELM STREET
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
2. Consider, Discuss and Approve Ordinance #05-09-15 - Canvassing the Results of Votes
for the Purpose of Electing Candidates to the Office of City Council of the City of
Sanger, Texas, for the General Election Held on May 9, 2015, Declaring the Results of
That Election and Providing for an Effective Date.
3. Issue Certificate of Election, Statement of Elected Officer and Oath of Office.
4. Elect Mayor Pro-Tem.
5. Citizens Input:
(Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues
brought up during this section).
CONSENT AGENDA
6. a) Approval of Minutes: May 4, 2015 -Work Session
May 4, 2015 - City Council
b) Disbursements
7. Consider any Items Removed From Consent Agenda.
REGULAR AGENDA
8. Consider, Discuss and Possibly Approve Lease at Property Located at 311 N. 5th Street
Between the City of Sanger and Miriam Calderon DBA Stiletto Kitchen.
9. Consider, Discuss and Possibly Approve Resolution #1105-03-15 - Approving a Change
in the Rates of ATMOS Energy as a Result of a Settlement.
10. Consider, Discuss and Possibly Approve a Meritorious Exception to the Sign Ordinance
for the Traildust Steak House Located at 1200 S. Stemmons.
11. Consider, Discuss and Possibly Approve Ordinance 905-10-15 - Abandoning 0.02 Acres
of Street Right -of -Way Located at the Intersection of Windmill Drive and Sanger Circle
Road.
12. Consider, Discuss and Possibly Approve the Final Plat for Sanger Circle 3, 2 Acres
Located on the West of Side Marion Road South of Sanger Circle Drive.
13. Consider, Discuss and Possibly Approve a Professional Services Agreement Between
HRM Land Acquisition Solutions and the City of Sanger for Real Property Services
and Work Authorization #1 for the McReynolds Road Project.
14. INFORMATION ITEMS:
a) All American Dogs Report -April
15. 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 in. and shall
remain posted until meetin is adjourned.
"�%11111111I arrrrs�
OF
Tami Taber, City Secretary
City of Sanger, Texas
TEX P"
' �rarrrunun�eea�� �.
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.
Tami Taber
From: Paula Paschal[Paula.Paschal@dentoncounty.com]
Sent: Wednesday, May 13, 2015 10:38 AM
To: Alice Holloway; Amy Bockes; Andrea Dzioba; Beverly Brunson; Connie Hansen; Dalessa
Vardell; Harrison, Rhonda; Jeanne Arnold; Jennifer Walters; Jenny Huckabee; Jenny
Huckabee; Jenny Page; Joni Vaughn; Julie Heinze; Kathy Phillips; Kelly Edwards; Kim Pence;
Kristi Gilbert; Lana Brooks; Lisa Cody; Lisa Henderson; Lori Payne; Marilyn Pelzel; Mary
Kayser; Pam Webb; Pat Housden; Robyn Battle; Shannon DePrater; Sheila Morales; Shirley
Rogers; Sonia Badillo; Tami Barthel; Tami Taber; Tammy Dixon; Theresa Scott; Vicki
Faulkner; Wendy Withers
Subject: Unofficial Results
Everyone,
The EVBB will be meeting on Friday, May 15 to consider the provisional ballots, and I plan to send your unofficial results
on Monday morning to be used for your canvass.
Thanks,
Paula
Paula J. Paschal
Denton County Elections
Contract Manager
701 Kimberly Drive
Denton, TX 76208
940.349.3206 Office
940.349.5369 Fax
www.votedenton.com
ORDINANCE # 05-09-15
AN ORDINANCE CANVASSING THE RESULTS OF A GENERAL
ELECTION HELD FOR THE PURPOSE OF ELECTING CANDIDATES
TO THE OFFICE OF CITY COUNCIL IN THE CITY OF SANGER,
TEXAS, FOR AN ELECTION HAVING BEEN HELD ON MAY 9, 2015,
DECLARING THE RESULTS OF THAT ELECTION AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on the 18th day of May 2015, at a meeting of the City Council of the City of
Sanger, Texas, the City Council canvassed the results of an election held on the 9th day of May
2015, for the purpose of electing candidates to the office of City Council, such election having been
duly ordered by the Mayor and City Council, under the authority of the Constitution and the laws of
this State; and
WHEREAS, the City Council of the City of Sanger, Texas, has determined that the election
officials of the voting district of the City, have in compliance with the law in such cases made and
provided returns to the City Council in the time and manner required, and the City Council, having
canvassed the votes does find that the total number of ballots cast and that the total number of votes
cast for each candidate is as follows:
NAMES OF CANDIDATES
Russell Martin, Place 1
Joe Falls, Place 1
Chris Prock, Place 3
William (Bill) Boutwell, Place 3
Mary Ann Pyron, Place 5
David Clark, Place 5
TOTAL NUMBER OF VOTES
.1
29
118
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
SECTION 1. That the election, having been duly called, and that notice of the election was
given in accordance with the law, and the following persons were elected to the following positions:
Russell Martin, Place 1
William (Bill) Boutwell, Place 3
David Clark, Place 5
SECTION 2. That this ordinance shall become effective immediately upon and after its
passage and approval.
45240
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on the 18th
day of May 2015.
APPROVED:
THOMAS MUIR, MAYOR
ATTEST:
TAMI TABER, CITY SECRETARY
45240
MINUTES: CITY COUNCIL WORKSESSION
May 4, 2015
PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Scott Stephens,
Councilman Gary Bilyeu and Councilman Allen Chick
ABSENT: Councilman Russell Martin
OTHERS
PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Iliff Development
Services Director, David Clark, Bill Boutwell and Ed McBirney
1. Call Meeting to Order.
Mayor Muir called the meeting to order at 6:02 p.m.
2. Presentation by Ed McBirney Regarding Future Development.
Mr. McBirney gave an overview of the Sanger Circle subdivision, he will also redo
the detention pond and build a sidewalk along a portion of Marion Road.
Mayor Muir requested that the detention pond be deeded to the HOA to maintain.
Mr. McBirney was unable to say yes or no at this time to the deeding of the
detention pond.
Mayor Muir also wants him to go from the Bolivar CCN to Sanger's CCN.
Brief discussion was held.
3. Overview of Items on Regular Agenda.
4. Adjourn.
Mayor Muir adjourned the meeting at 6:40 p.m.
MINUTES: CITY COUNCIL MEETING
May 4, 2015
PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Scott Stephens,
Councilman Gary Bilyeu and Councilman Allen Chick
ABSENT: Councilman Russell Martin
OTHERS
PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Joe Iliff Development
Services Director, Meghann Piercy, David Clark, Bill Boutwell and Ed
McBirney
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor Muir called the meeting to order at 7:00 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).
None.
CONSENT AGENDA:
3. a) Approval of Minutes: April 20, 2015 - City Council
b) Disbursements
Councilman Bilyeu made a motion to approve. Seconded by Councilman Stephens.
Motion carried unanimously.
4. Consider any Items Removed From Consent Agenda.
None.
REGULAR AGENDA
5. Consider, Discuss and Possibly Approve Proclamation #05-04-15 - Motorcycle
Awareness Month.
Snyder Rosenbaum asked if the Council could advertise this a couple times a month on
the sign located on I-35 which is used for Amber Alerts.
City Manager advised that the sign does not belong to the City, but he would ask.
Mr. Rosenbaum also said that in September, teddy bears will be given to fire
departments and police departments.
Councilman Stephens made a motion to approve. Seconded by Councilman Bilyeu.
Motion carried unanimously.
6. Consider, Discuss and Possibly Approve Water, Sewer and Water Well Easements.
The easements obtained are for the West side of I-35.
Councilman Bilyeu made a motion to approve. Seconded by Councilman Ezell. Motion
carried unanimously.
7. Consider, Discuss and Possibly Approve a Minor Plat of the Whitworth Addition, 0.478
Acres Located on the South Side of Willow Street Between 5th Street and 6th Street.
Councilman Stephens made a motion to approve. Seconded by Councilman Bilyeu.
Motion carried unanimously.
8. Consider, Discuss and Possibly Approve Granting a Meritorious Exception to the Sign
Ordinance for the Trail Dust Steakhouse Located at 1200 South Stemmons.
No action taken. Joe Iliff advised that this item has been withdrawn by the applicant.
9. Conduct a Public Hearing on Rezoning Approximately 2.0 Acres Located on the South
Side of Sanger Circle Drive Between Marion Road and Windmill Drive From B-1
Business District to 2F Duplex District.
Mayor Muir opened the Public Hearing at 7:13 p.m.
Bill Boutwell of 4000 Windmill, stated that he has no problem with rezoning.
Mayor Muir closed the Public Hearing at 7:14 p.m.
10. Consider, Discuss and Possibly Approve Ordinance #05-08-15 - Rezoning Approximately
2.0 Acres Located on the South Side of Sanger Circle Drive Between Marion Road and
Windmill Drive From B-1 Business District to 2F Duplex District.
Joe Iliff advised that Planning and Zoning recommended approval.
Councilman Bilyeu made a motion to approve. Seconded by Councilman Stephens.
Motion carried unanimously.
11. INFORMATION ITEMS:
a) Financial and Investment Report - March
12. Adjourn.
5/06/2015 9:44 A14 A / P CHECK REGISTER
PACKET: 07395 Regular Payments 5/6/15
VENDOR SET: 99
BANK POOL POOLED CASH ACCOUNT
CHECK
CHECK
VENDOR
NAME / I.D.
DESC
TYPE
DATE
2r"'
BANK OF TEXAS
I-SANG412GOR 5/15/15
REFUNDING BONDS DEBT SERVICE
D
4/29/2015
07860
ACT PIPE SUPPLY, INC
I-048153
MUSHROOM
R
5/06/2015
25070
ALL AMERICAN DOGS INC
I-2126
APRIL SHELTER SERVICE
R
5/06/2015
22620
ARAMARK UNIFORM SERVICE
I-4/10/15
UNIFORMS 3/27/15-4/24/15
R
5/06/2015
03170
ASCO
I-C99360
DIGGING BLADE
R
5/06/2015
11220
BSN/COLLEGIATE PACIFIC
I-96876962
6 PITCHING RUBBERS
R
5/06/2015
26350
C & G ELECTRIC, INC
I-27431
REPAIR OF PUMPS STATION
R
5/06/2015
I-27464
REPAIR OF PUMPS
R
5/06/2015
I-27570
ACKER WELL PUMP
R
5/06/2015
20410
CARE NOW CORPORATE
I-944932
WORKERS COMP DRUG TEST
R
5/06/2015
00590
CITY OF DENTON
1-04/28/2015
WATER TESTING
R
5/06/2015
00600
CITY OF SANGER
1-05/01/2015
3/17/15-4/20/15
R
5/06/2015
00800
COSERV ELECTRIC
1-3/17/15-4/16/15
ELECTRIC 3/17/15-4/16/15
R
5/06/2015
2
D&D COMMERICAL LANDSCAPE MANAGEMENT
I-10486
MOWING BID #0205-15
R
5/06/2015
I-10487
MOWING BID #0205-15
R
5/06/2015
00710
DATA BUSINESS FORMS INC.
I-101985
SUPPLY
R
5/06/2015
PAGE: 1
CHECK
CHECK
DISCOUNT AMOUNT
NO#
AMOUNT
451,175.00CR
999999
451,175.00
447.50CR
059880
447.50
3,400.000R
059881
3,400.00
717.86CR
059882
717.86
30.76CR
059883
30.76
241.45CR
059884
241.45
360.000R 059885
270.000R 059885
180.000R 059885 810.00
50.000R 059886 50.00
160.000R 059887 160.00
33,694.22CR 059888 33,694.22
4,262.25CR 059889 4,262.25
1,996.83CR 059890
1,010.79CR 059890 3,007.62
415.96CR 059891 415.96
5/06/2015 9:44 A14 A / P CHECK
REGISTER
PAGE: 2
PACKET:
07395 Regular Payments 5/6/15
VENDOR
SET: 99
BANK
POOL POOLED CASH ACCOUNT
CHECK CHECK
CHECK
CHECK
VENDOR
NAME / I.D. DESC
TYPE
DATE
DISCOUNT AMOUNT
NO#
AMOUNT
0' '
DELL COMPUTERS, LLP
I-XJNTC93C8 DELL / COMPUTER
R
5/06/2015
1,047.98CR
059892
I-XJP166TJ3 DELL / COMPUTER
R
5/06/2015
160.99CR
059892
1,208.97
22740
DENTON COUNTY AUDITOR
I -MAY 2015 DISPATCH MAY 2015 DISPATCH
R
5/06/2015
3,972.00OR
059893
3,972.00
26870
EIKON CONSULTANT GROUP
I-14263-3 DESIGH OF WA/WW
R
5/06/2015
2,033.13CR
059894
2,033.13
28440
ENDRESS & HAUSER
I-6001729777 REPLACEMENT PARTS
R
5/06/2015
374.05CR
059895
I-6001730297 REPLACEMENT PARTS
R
5/06/2015
50.87CR
059895
424.92
18790
FUELMAN
I-NP44265826 FUEL14AN 4/27/15-5/3/15
R
5/06/2015
2,417.35CR
059896
2,417.35
26070
GENES PAINT & BODY SHOP
I-19229 FIRE TRUCK REPAIR
R
5/06/2015
4,826.50CR
059897
4,826.50
20300
GREEN EAGLE OVERHEAD DOORS
I-5313 CHANGE SPRINGS ON 12X12
R
5/06/2015
345.00OR
059898
345.00
08760
GT DISTRIBUTORS INC
I-INV0533236 UNIFORMS
R
5/06/2015
49.77CR
059899
49.77
19830
ILIFF, JOSEPH
I-3/10/15 CRAC MILEAGE
R
5/06/2015
22.52CR
059900
I-4/15/15 ILIFF MILAGE
R
5/06/2015
57.84CR
059900
80.36
01240
INLAND TRUCK PARTS, INC.
I-18-88712 DOT
R
5/06/2015
40.00OR
059901
40.00
21220
IRBY TOOL & SAFETY
I-S008854193.001 TRANSFORMER TYPE WIRE HOL
R
5/06/2015
382.00OR
059902
382.00
25110
KEYSTONE FLEX ADMINISTRATORS, LLC
I -MAY 2015 ADMIN FEES MAY 2015
R
5/06/2015
299.50CR
059903
299.50
08210
KWIK KAR
I-33064 INSPECTION
R
5/06/2015
25.50CR
059904
25.50
5/06/2015 9:44 A14
A / P CHECK
REGISTER
PAGE: 3
PACKET:
07395 Regular
Payments 5/6/15
VENDOR
SET: 99
BANK
POOL POOLED
CASH ACCOUNT
CHECK CHECK
CHECK
CHECK
VENDOR
NAME / I.D.
DESC
TYPE
DATE
DISCOUNT AMOUNT
NO#
AMOUNT
0'')
LAWN LAND, INC.
I-340135
SUPPLIES
R
5/06/2015
172.89CR
059905
172.89
19360
LEADS ON LINE
I-232012
7/l/15-6/30/16 INVESTIGATION
R
5/06/2015
1,428.00OR
059906
1,428.00
28050
LIONS CLUB
I-BRICE MAY 2015
MEMBERSHIP DUES
R
5/06/2015
25.00OR
059907
I-CIOCAN 14AY 2015
MEMBERSHIP DUES
R
5/06/2015
25.00OR
059907
I -WELCH MAY 2015
MEMBERSHIP DUES
R
5/06/2015
25.00OR
059907
75.00
01570
LOWE'S COMPANIES,
INC.
I-967307
SUPPLIES
R
5/06/2015
5.37CR
059908
5.37
17900
LOWER COLORADO RIVER
AUTHORITY
I-137924
SAMPLES COLLECTED 4/9/15
R
5/06/2015
207.70CR
059909
207.70
19200
PATHMARK TRAFFIC
PRODUCTS OF TEXAS,INC.
I-011101
STREET SIGN
R
5/06/2015
429.68CR
059910
429.68
11690
PITNEY BOWES - RESERVE
ACCOUNT
I -MAY 2015 38934485
MAY 2015 POSTAGE
R
5/06/2015
300.00OR
059911
300.00
02170
REINERT PAPER & CHEMICAL,
INC.
I-328399
SUPPLIES
R
5/06/2015
228.11CR
059912
228.11
25970
REPUBLIC METERING
GROUP, INC
I-1010
SUPPLIES
R
5/06/2015
82.50CR
059913
82.50
27750
SAMANTHA SPRINGS
BOTTLING
I-217695
WATER BOTTLE COURT
R
5/06/2015
2.90CR
059914
2.90
25020
SANGER HARDWARE
I-A60021
SUPPLIES
R
5/06/2015
69.96CR
059915
I-A60026
MISC SUPPLIES - DPORTER
R
5/06/2015
22.98CR
059915
I-A60028
SUPPLIES
R
5/06/2015
13.98CR
059915
I-A60047
SUPPLIES
R
5/06/2015
4.39CR
059915
I-A60089
MISC SUPPLIES AS NEEDED
R
5/06/2015
13.78CR
059915
I-A60118
SUPPLIES
R
5/06/2015
12.99CR
059915
I-A60504
MISC SUPPLIES AS NEEDED
R
5/06/2015
32.06CR
059915
I-A60731
MISC TOOL
R
5/06/2015
9.18CR
059915
I-A60992
SUPPLIES
R
5/06/2015
26.99CR
059915
I-A61113
MISC TOOL
R
5/06/2015
2.17CR
059915
I-A61116
MISC TOOL
R
5/06/2015
13.67CR
059915
I-A61118
MISC TOOL
R
5/06/2015
32.01CR
059915
I-AG1138
MISC TOOL
R
5/06/2015
21.13CR
059915
I-A61139
MISC TOOL
R
5/06/2015
19.99CR
059915
I-A61143
MISC TOOL
R
5/06/2015
6.27CR
059915
I-A61229
MISC SUPPLIES
R
5/06/2015
5.79CR
059915
I-A61515
SUPPLIES
R
5/06/2015
25.68CR
059915
I-A61600
SUPPLIES
R
5/06/2015
6.49CR
059915
I-A61604
SUPPLIES
R
5/06/2015
30.92CR
059915
5/06/2015 9:44 A14
A / P CHECK
REGISTER
PAGE: 4
PACKET:
07395 Regular Payments
5/6/15
VENDOR
SET: 99
BANK
POOL POOLED CASH ACCOUNT
CHECK
CHECK
CHECK
CHECK
VENDOR
NAME / I.D.
DESC
TYPE
DATE
DISCOUNT AMOUNT
NO#
AMOUNT
I-A61758
SUPPLIES
R
5/06/2015
30.36CR
059915
I-A61818
MISC SUPPLIES AS NEEDED
R
5/06/2015
13.88CR
059915
I-A62107
SUPPLIES
R
5/06/2015
3.09CR
059915
I-A62156
SUPPLIES
R
5/06/2015
3.39CR
059915
I-B21722
MISC
R
5/06/2015
7.24CR
059915
I-B21844
MISC TOOL
R
5/06/2015
51.21CR
059915
I-B22235
MISC TOOL
R
5/06/2015
17.97CR
059915
I-B22512
MISC SUPPLIES
R
5/06/2015
27.27CR
059915
I-B22741
MIS SUPPLIES AS NEEDED
R
5/06/2015
7.59CR
059915
I-B22933
MIS SUPPLIES AS NEEDED
R
5/06/2015
4.69CR
059915
537.12
*VOID*
VOID CHECK
V
5/06/2015
059916
**VOID**
*VOID*
VOID CHECK
V
5/06/2015
059917
**VOID**
28390
SEW EURODRIVE
I-260226
REPLACE CLARIFIER MOTOR
R
5/06/2015
491.68CR
059918
491.68
26110
SPECTER INSTRUMENTS,
INC
I-1504037930
ANNUAL RENEWAL WIN-911
R
5/06/2015
395.000R
059919
395.00
18620
STERICYCLE
I-4005525595
EMS SUPPLIES
R
5/06/2015
110.35CR
059920
110.35
20550
STRYKER
I-1698260M
POWER SUPPLY CHARGER
R
5/06/2015
179.88CR
059921
179.88
00100
TMRS
I-RETPY4.17.15
TMRS
R
5/06/2015
16,580.61CR
059922
I-RETPY4.2.15
TMRS
R
5/06/2015
16,028.15CR
059922
32,608.76
16910
TRI-COUNTY MATERIALS
& SERVICES,LP
I-15973
MATERIALS
R
5/06/2015
376.50CR
059923
376.50
19^',
TYLER TECHNOLOGIES
I-025-121533
MAINTENANCE 6/1/15-5/31/16
R
5/06/2015
14,744.88CR
059924
I-025-122049
US WEB SUPPORT MAY 2015
R
5/06/2015
110.000R
059924
I-025-122050
COURT WEB MAY 2015
R
5/06/2015
125.000R
059924
14,979.88
16640
WATCH GUARD VIDEO
I-WARINV000722
MAINTENANCE
R
5/06/2015
2,000.00CR
059925
2,000.00
5/06/2015 9:44 A14 A / P CHECK REGISTER
PACKET: 07395 Regular Payments 5/6/15
VENDOR SET: 99
BANK POOL POOLED CASH ACCOUNT
PAGE: 5
CHECK
CHECK
CHECK
CHECK
VENDOR NPI-IE / I.D. DESC
TYPE
DATE
DISCOUNT
AMOUNT NO#
AMOUNT
21'.._...^ WELLSPRING
INSURANCE
I-1137
CONSULTING SERVICE MAY
R
5/06/2015
2,000.00CR 059926
2,000.00
27960 YOUNG GUNS
AUTO INC
I-471
REPLACE WATER PUMP AND
COOLANT
R
5/06/2015
553.36CR 059927
553.36
*
* T 0 T A L S * *
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
REGULAR CHECKS:
46
0.00
120,507.30
120,507.30
HANDWRITTEN CHECKS:
0
0.00
0.00
0.00
PRE -WRITE CHECKS:
0
0.00
0.00
0.00
DRAFTS:
1
0.00
451,175.00
451,175.00
VOID CHECKS:
2
0.00
0.00
0.00
NON CHECKS:
0
0.00
0.00
0.00
CORRECTIONS:
0
0.00
0.00
0.00
REGISTER TOTALS:
49
0.00
571,682.30
571,682.30
5/08/2015 11:10 A14
PACKET: 07400 Regular Payments 5/8/15
VENDOR SET: 99
BANK POOL POOLED CASH ACCOUNT
VENDOR NAME / I.D. DESC
NORTHERN TOOL
I-3M4406 SNIVEL CASTER
** T 0 T A L S
REGULAR CHECKS:
HANDWRITTEN CHECKS:
PRE-91RITE CHECKS:
DRAFTS:
VOID CHECKS:
NON CHECKS:
CORRECTIONS:
REGISTER TOTALS:
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
A / P CHECK REGISTER
CHECK CHECK
CHECK
TYPE DATE
DISCOUNT
AMOUNT NO#
R 5/08/2015
142.50CR 059951
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
1
0.00
142.50
142.50
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
1
0.00
142.50
142.50
PAGE: 1
CHECK
AMOUNT
142.50
PAGE: 1
5/13/2015 1:43 PM A / P CHECK REGISTER
PACKET: 07417 Regular Payments 5/13/15
VENDOR SET: 99
BANK POOL POOLED CASH ACCOUNT
VENDOR NAME / I.D. DESC
2'- ACTION AUTO UPHOLSTERY
I-356599 REBUILD SEAT
21370 AMSOIL, INC
I-16023694 RI 55 GALLON DRUM
02460 AT&T MOBILITY
I-3/23/15-4/22/15 3/23/15-4/22/15
01550 ATMOS
I-4/3/15-5/1/15 ATMOS 4/3/15-5/1/15
25610 AUSTIN LANE TECHNOLOGIES, INC
I-20150509 MAINTENANCE MAY 2015
1-20150509-0 TECH SUPPORT
I-20150509A NETWORK CONSOLIDATION
28340 BEWLEY, JANSON
I-OREILLY 3/28/15 REIMB ENGINE 672 SUPPLIES
00420 BOUND TREE MEDICAL, LLC
I-81769079 EMS SUPPLIES
I-81772313 EMS SUPPLIES
I-81775575 EMS SUPPLIES
I-81776665 EMS SUPPLIES
I-81779264 EMS SUPPLIES
I-81780623 EMS SUPPLIES
20410 CARE NOW CORPORATE
I-945956 NEW HIRE TESTING MARTINEZ
12760 CINTAS, INC.
I-492344537 UNIFORMS
I-492347579 UNIFORMS
I-492350617 UNIFORMS
I-492353734 UNIFORMS
23620 COTE'S MECHANICAL
I-CM20151273. MAY 2015 ICE MACHINE
25730 DATAPROSE, LLC
I-DPI501186 PRINTING AND MAILING
CHECK CHECK
TYPE DATE
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
CHECK
CHECK
DISCOUNT AMOUNT
NO#
AMOUNT
350.000R
059980
350.00
953.53CR
059981
953.53
875.21CR
059982
875.21
310.84CR
059983
310.84
4,381.000R
059984
236.25CR
059984
52.50CR
059984
4,669.75
29.63CR
059985
29.63
224.69CR 059986
89.16CR 059986
249.99CR 059986
244.99CR 059986
11.79CR 059986
614.70CR 059986 1,435.32
50.000R 059987 50.00
90.40CR 059988
90.40CR 059988
90.40CR 059988
90.40CR 059988 361.60
354.000R 059989 354.00
2,199.33CR 059990 2,199.33
5/13/2015 1:43 P14 A / P CHECK REGISTER
PACKET: 07417 Regular Payments 5/13/15
VENDOR SET: 99
BANK POOL POOLED CASH ACCOUNT
VENDOR
NAME / I.D.
DESC
2' 0
DEFENDER SUPPLY
I-10953
LIGHT PACKAGE - ENGINE 1
'
I-10997
BACKUP CAMERA
26870
EIKON CONSULTANT GROUP
I-14275-2
STREET IMPACT FEE
20980
EXPRESS SERVICES, INC.
I-15735565-2
TEMP EMPLOYEES PARKS
18340
FIRST ADVANTAGE BACKGROUND SVCS
I-5541251504
BACKGROUND CHECK
23010
FIVE STAR SUPPLY CO
INC.
1-3190
SUPPLIES
18790
FUELMAN
I-NP44303720
FUELMAN 5/4-5/10/15
19830
ILIFF, JOSEPH
I-ILIFF 5/18/15
MILEAGE TO CLASS/BPI
03530
JAMES WOOD AUTOPARK,
INC.
I-VCW335999
BLEND DOOR MOTOR
01380
KARL-KLEMENT FORD, INC.
I-FOW398931
EXHAUST
I-FOW399327
EXHAUST
25090
KLENKE, LAURA
I -FUEL 4/7/15
U-HAUL
I-KAYLA KING 5/3/15
REPLACEMET CD,DVD
I-UHAUL 4/8/15
U-HAUL
01'"n
LAWN LAND, INC.
I-340723
STRING/ HEADS
01920
NICHOLS, JACKSON, DILLARD,HAGER
& SMITH, LLP
I-12072451
LEGAL SERVICES
25580
NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT
I-72
12/31/14-3/31/15
CHECK CHECK
TYPE DATE
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
PAGE: 2
CHECK
CHECK
DISCOUNT AMOUNT
NO#
AMOUNT
8,592.00OR
059991
4,834.26CR
059991
13,426.26
2,875.00OR
059992
2,875.00
385.58CR
059993
385.58
18.50CR
059994
18.50
275.22CR
059995
275.22
2,191.02CR
059996
2,191.02
45.28CR
059997
45.28
31.76CR
059998
31.76
174.15CR
059999
17.92CR
059999
192.07
10.17CR 060000
31.99CR 060000
96.35CR 060000 138.51
225.94CR 060001 225.94
493.00OR 060002 493.00
3,770.80CR 060003 3,770.80
5/13/2015 1:43 PM A / P CHECK REGISTER
PACKET: 07417 Regular Payments 5/13/15
VENDOR SET: 99
BANK POOL POOLED CASH ACCOUNT
CHECK CHECK
VENDOR
NAME / I.D.
DESC
TYPE
DATE
0'
OFFICE DEPOT
I-767333290001
SUPPLIES
R
5/13/2015
I-767333407001
SUPPLIES
R
5/13/2015
I-767680837001
OFFICE SUPPLY
R
5/13/2015
I-767938345001
DOOR HANGERS
R
5/13/2015
I-769149193001
OPEN PO
R
5/13/2015
I-769149426001
OPEN PO
R
5/13/2015
12710
PETTIT MACHINERY,
INC
I-P27666
MOWER BLADES
R
5/13/2015
I-S26166
LAWN MOWER - INSPECT TO REPAIR
R
5/13/2015
17270
PROFESSIONAL TURF
PRODUCTS
I-1294909-00
BUSING IDLER, PULLEY IDLER
R
5/13/2015
05510
PROGRESSIVE WASTE
SOLUTIONS OF TX, INC
I-1202000030
ROLL OFF
R
5/13/2015
05510
PROGRESSIVE WASTE
SOLUTIONS OF TX, INC
I-APRIL 2015
APRIL 2015
R
5/13/2015
12820
RICOH USA, INC
I-5035813537
5/l/15-5/31/15
R
5/13/2015
1
ROBINSON, TORRI
I-ROBINSON 015359
OVERPAYMENT
R
5/13/2015
27750
SAMANTHA SPRINGS
BOTTLING
I-219937
POLICE BOTTLED WATER
R
5/13/2015
I-219941
CITY HALL BOTTLED WATER
R
5/13/2015
16240
SCHAD & PULTE
I-104789
02
R
5/13/2015
I-196409
02
R
5/13/2015
SOUTHERN TIRE MART,
LLC
I-0048038189
TIRES
R
5/13/2015
05350
TEXAS EXCAVATION
SAFETY SYST
I-15-05796
MESSAGE FEES APRIL 2015
R
5/13/2015
27080
F. TRAVIS MONTGOMERY
I-514236
COURT ROOM FLOODED
R
5/13/2015
PAGE: 3
CHECK
CHECK
DISCOUNT AMOUNT
NO#
AMOUNT
10.92CR
060004
2.86CR
060004
56.67CR
060004
12.96CR
060004
10.97CR
060004
54.78CR
060004
149.16
56.25CR
060005
433.73CR
060005
489.98
183.18CR
060006
183.18
99.90CR
060007
99.90
52,618.47CR
060008
52,618.47
227.85CR
060009
227.85
50.000R
060010
50.00
12.90CR
060011
7.90CR
060011
20.80
240.00CR
060012
27.000R
060012
267.00
1,806.46CR
060013
1,806.46
69.35CR
060014
69.35
580.000R
060015
580.00
5/13/2015 1:43 PM A / P CHECK REGISTER
PACKET: 07417 Regular Payments 5/13/15
VENDOR SET: 99
BANK POOL POOLED CASH ACCOUNT
VENDOR
NAME / I.D.
DESC
2'"`1
VAULTLOGIX
I-2149116
VAULTLOGIX 4/l/15-4/30/15
28450
W.S. DARLEY & CO
I-17185033
MOUNTING PLATE
I-17187668
STORZ LOK 5" LOK
1
WILSON, BRITTIANY
I-WILSON 5/2/15
5/2/15
TOTAL ERRORS: 0
CHECK CHECK
TYPE DATE
R 5/13/2015
R 5/13/2015
R 5/13/2015
R 5/13/2015
PAGE: 4
CHECK
CHECK
DISCOUNT AMOUNT
NO#
AMOUNT
1,074.000R
060016
1,074.00
29.24CR
060017
520.56CR
060017
549.80
100.000R
060018
100.00
* * T 0 T A L S * *
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
REGULAR CHECKS:
39
0.00
93,944.10
93,944.10
HANDWRITTEN CHECKS:
0
0.00
0.00
0.00
PRE -WRITE CHECKS:
0
0.00
0.00
0.00
DRAFTS:
0
0.00
0.00
0.00
VOID CHECKS:
0
0.00
0.00
0.00
NON CHECKS:
0
0.00
0.00
0.00
CORRECTIONS:
0
0.00
0.00
0.00
REGISTER TOTALS:
39
0.00
93,944.10
93,944.10
TOTAL WARNINGS: 0
LEASE AGREEMENT
between
CITY OF SANGER, TEXAS
("OWNER")
and
Miriam Calderon
("TENANT")
For the Building and Premises ("Premises") Located at:
311 N. Fifth Street, Sanger, Texas
May 18, 2015
AGREEMENT
This Lease Agreement ("Agreement") is entered into by and between The City of Sanger
Texas ("OWNER'), and Miriam Calderon ("TENANT"), and shall be effective as of May 18,
2015 ("Effective Date"). Agreement shall expire June 30, 2018 ("Expiration Date") unless renewed
as allowed herein by mutual agreement of both parties.
1. Basic Agreement Information. The key business terms used in this Agreement are defined as
follows:
A. "Building" shall mean the building located at 511 N. Fifth Street, Sanger, Texas.
B. "Rentable Square Footage of the Building" is deemed to be 1300 square feet.
C. "Commencement Date": the same date as the Effective Date.
D. "Expiration Date": June 30, 2018
E. "Security Deposit": $750.
F. "Notice Addresses":
TENANT:
OWNER:
City of Sanger Texas
PO Box 1729
Sanger, Texas 76266
Attn: City Manager
G. "Law s)" means all applicable statutes, codes, ordinances, orders, rules and regulations
of any municipal or governmental entity, now or hereafter adopted, including the Americans with
Disabilities Act and any other law pertaining to disabilities and architectural barriers (collectively,
"ADA" ), and all laws pertaining to the environment, including the Comprehensive Environmental
Response, Compensation and Liability Act, as amended, 42 U.S.C. §9601 et. seq. ("CERCLA").
2. Term; Possession.
A. Term. This Agreement shall govern the relationship between OWNER and TENANT
with respect to the Premises from the Effective Date through the Expiration Date, unless terminated
in accordance with this Agreement. The Term of this Agreement is for thirty-six (36) Months and
shall commence on the Commencement Date.
B. Acceptance of Premises. The Premises are accepted by TENANT in "as is" condition
and configuration. BY TAKING POSSESSION OF THE PREMISES, TENANT AGREES THAT THE
PREMISES ARE IN GOOD ORDER AND SATISFACTORY CONDITION AND AGREES THAT THERE ARE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, BY OWNER REGARDING THE
CONDITION OF THE PREMISES OR THE BUILDING. TENANT acknowledges and agrees that
OWNER has no obligations to perform any work in connection with the Premises. TENANT agrees
that OWNER shall have no obligation to make any modifications to the Property under the
Americans with Disabilities Act or any other federal, state or local laws, rules, regulations, codes or
other requirements related to accessibility.
OWNER agrees to repair and maintain the roof during the lease period.
C. Renewal of Lease: At the end of the term, lease may be renewed for an additional
three (3) years, at a rent to be determined, by mutual agreement of the OWNER and TENANT.
3. Rent and other Expenses.
A. Rent: No rent shall be due during the remodeling period until a certificate of
occupancy is obtained or one hundred twenty (120) days have passed for the Commencement Date.
Beginning with the issuance of a certificate of occupancy or one hundred twenty (120) days,
whichever is less, TENANT shall begin paying rent of $400.00 per month. Rent shall be due on the
first (1") of the month and past due if not paid on or before the fifth (5th) of the month. Past due
rent shall be subject to a ten percent (10%) penalty. If the first month is not a full month, the rent
shall be prorated. Rent shall remain $400.00 per month throuh the seventeenth (171h) month. At
the eighteenth (18th) month and through the thirty-sixth (36t') month rent shall be $750.00 per
month.
B. Utilities: TENANT shall pay all of the cost of utilities starting on the
commencement date.
C. Repairs: OWNER shall be responsible for repairs to the building only provided
damage was not caused by the TENANT. Damage caused by the TENANT shall be the TENANT's
responsibility. Cosmetic repairs, improvements, flooring and painting, shall be the responsibility of
the TENANT.
D. Insurance: OWNER shall carry property insurance on the building only. Insurance of
contents shall be the responsibility of the TENANT. Any and all other insurance desired by the
TENANT shall be the responsibility of the TENANT.
E. Taxes: Tenant is responsible for any and all taxes including but not limited to; real
property taxes, personal property taxes and sales taxes.
F. Security Deposit: A security deposit of $750.00 is required upon the Commencement
Date. Security deposit shall be held by the OWNER for the term of the lease. Upon termination of
the lease the Security Deposit shall be first applied to any outstanding rent. Secondly, Security
Deposit may be used at the sole discretion of the OWNER for cleaning the premises if the
TENANT has not complied with Section 18 of this contract. Thirdly, any remaining portion of the
Security Deposit shall be refunded to the TENANT.
4. TENANT's Use of Premises.
A. Permitted Uses. The Premises shall be used only for a catering business and
associated activities of the TENANT. The Premises may not be used for any purpose which would,
in OWNER's reasonable opinion, impair the reputation or quality of the Building, overburden any
of the Building systems, Common Areas or Parking Facilities (including any use which would
create a population density in the Premises which is in excess of the density which is standard for
the Building), impair OWNER's efforts to use space or otherwise interfere with the operation of the
Property.
B. Compliance with Laws. TENANT shall comply with all Laws regarding the
operation of TENANT's business and the use, condition, configuration and occupancy of the
Premises and the use of the Common Areas. TENANT, within ten (10) days after receipt, shall
provide OWNER with copies of any notices TENANT receives regarding a violation or alleged or
potential violation of any Laws. TENANT shall comply with the rules and regulations (or
modifications thereto) adopted by OWNER from time to time. Such rules and regulations will be
applied in an equitable ma vier as determined by OWNER. TENANT shall also cause its agents,
contractors, subcontractors, employees, and customers, to comply with all rules and regulations.
C. TENANT's Security. TENANT shall (1) lock the doors to the Premises and take
other reasonable steps to secure the Premises and the personal property of all TENANT Parties (2)
keep and maintain in good working order all security devices installed in the Premises by or for the
benefit of TENANT (such as locks, smoke detectors and burglar alarms); and (3) cooperate with
OWNER on security matters. TENANT acknowledges that any security measures employed by
OWNER are for OWNER's own protection; that OWNER is not a guarantor of the security or
safety of the TENANT Parties or their property; and that such security matters are the responsibility
of TENANT and the local law enforcement authorities.
D. Other Services Provided by TENANT. TENANT shall arrange for and pay for the
costs of any janitorial services, window cleaning services, security services and/or other services
related to the Premises desired by TENANT.
5. Entry by OWNER. OWNER, its agents, contractors and representatives may enter the
Premises to inspect or show the Premises, to clean and make repairs, alterations or additions to the
Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Building,
including other TENANTs' premises. Except in emergencies or to provide any Building services
after Normal Business Hours, OWNER shall provide TENANT with reasonable prior notice of
entry into the Premises, which may be given orally, however, TENANT hereby acknowledges and
agrees that OWNER shall have the right to enter the Premises without providing prior notice.
OWNER shall have the right to temporarily close all or a portion of the Premises to perform repairs,
alterations and additions, if reasonably necessary for the protection and safety of TENANT and its
employees. Except in emergencies, OWNER will not close the Premises if the work can reasonably
be completed on weekends and after Normal Business Hours; provided, however, that OWNER is
not required to conduct work on weekends or after Normal Business Hours if such work can be
conducted without closing the Premises. Entry by OWNER for any such purposes shall not
constitute a constructive eviction or entitle TENANT to an abatement or reduction of Rent.
6. Assisnment and Subletting.
A. OWNER's Consent Required. TENANT shall not assign, transfer or encumber any
interest in this Agreement or sublease or allow any third party to occupy any portion of the Premises
(collectively or individually, a "Transfer") without the prior written consent of OWNER.
7. Liens. TENANT shall not permit mechanic's or other liens to be placed upon the Property, or
Premises in connection with any work or service done or purportedly done by or for the benefit of
TENANT. If a lien is so placed, TENANT shall, within ten (10) days of notice from OWNER of
the filing of the lien, fully discharge the lien by settling the claim, which resulted in the lien or by
bonding or insuring over the lien in the manner prescribed by the applicable lien Law. If TENANT
fails to discharge the lien, then, in addition to any other right or remedy of OWNER, OWNER may
bond or insure over the lien or otherwise discharge the lien. TENANT shall, within thirty (30) days
after receipt of an invoice from OWNER, reimburse OWNER for any amount paid by OWNER,
including reasonable attorneys' fees, to bond or insure over the lien or discharge the lien.
8. Indemnity and Waiver of Claims.
A. TENANT's Indemnity. TENANT shall hold OWNER, its trustees, members,
principals, beneficiaries, partners, officers, directors, shareholders, employees, Mortgagee(s) and
agents harmless from, and indemnify and defend such parties against, all liabilities, obligations,
damages, penalties, claims, actions, costs, charges and expenses, including reasonable attorneys'
fees and other professional fees (collectively, "Claims") that may be imposed upon, incurred by or
asserted against any of such indemnified parties that arise out of or in connection with any damage
or injury (i) occurring in the Premises, except to the extent caused by the negligence or willful
misconduct of OWNER or any of its employees, agents or contractors (collectively, "OWNER
Parties"); or (ii) occurring elsewhere in the Building or on the Property to the extent caused by the
negligence or willful misconduct of TENANT or any assignees, and licensees claiming by, through
or under TENANT, or any of their respective agents, contractors, employees and invitees
(collectively, "TENANT Parties").
B. OWNER's Indemnity. OWNER shall hold TENANT, its trustees, members,
principals, beneficiaries, partners, officers, directors, shareholders, employees and agents harmless
fiom, and indemnify and defend such parties against, all liabilities, obligations, damages, penalties,
claims, actions, costs, charges and expenses, including reasonable attorneys' fees and other
professional fees, which may be imposed upon, incurred by or asserted against any of such
indemnified parties that arise out of or in connection with any damage or injury occurring in the
Premises or the Building or on the Property to the extent caused by the negligence or willful
misconduct of any of the OWNER Parties.
9. Insurance: TENANT shall obtain and maintain throughout the term of the lease $1,000,000 in
liability insurance. Certificate of insurance shall list the City of Sanger as an additional insured.
TENANT shall provide OWNER with a copy of the certificate of insurance and shall notify
OWNER immediately if the insurance expires or is revoked for any reason.
10. Mutual Waiver of Subro;ration. Notwithstanding anything in this Agreement to the contrary,
TENANT waives, and shall cause its insurance carrier(s) and any other party claiming through or
under such carrier(s), by way of subrogation or otherwise, to waive any and all rights of recovery,
claim, action or cause of action against all OWNER Parties and the trustees, principals,
beneficiaries, partners, officers, directors and employees of OWNER Parties, for any loss or damage
to TENANT's business, any loss of Agreement of the Premises, and any loss, theft or damage to
TENANT's Property (including TENANT's automobiles or the contents thereof), INCLUDING ALL
RIGHTS (BY WAY OF SUBROGATION OR OTHERWISE) OF RECOVERY, CLAIMS, ACTIONS OR CAUSE OF
ACTION ARISING OUT OF THE NEGLIGENCE OF ANY OWNER PARTIES, which loss or damage is (or
would have been, had the insurance required by this Agreement been maintained) covered by
insurance. In addition, OWNER waives, and shall cause its insurance carrier(s) and any other party
claiming through or under such carrier(s), by way of subrogation or otherwise, to waive any and all
rights of recovery, claim, action or caused of action against all TENANT Parties and the trustees,
principals, beneficiaries, partners, officers, directors and employees of TENANT Parties, for any
loss of or damage to or loss of use of the Building, any additions or improvements to the Building,
or any contents thereof, INCLUDING ALL RIGHTS (BY WAY OF SUBROGATION OR OTHERWISE) OF
RECOVERY, CLAIMS, ACTIONS OR CAUSE OF ACTION ARISING OUT OF THE NEGLIGENCE OF ANY
TENANT PARTIES, which loss or damage is (or would have been, had the insurance required by this
Agreement been maintained) covered by insurance.
11. Events of Default. TENANT shall be considered to be in default under this Agreement upon
the occurrence of any of the following events of default:
A. TENANT's failure to comply with any term, provision or covenant of this Agreement, if
the failure is not cured within ten (10) days after written notice to TENANT. However, if
TENANT's failure to comply cannot reasonably be cured within ten (10) days, TENANT shall be
allowed additional time (not to exceed an additional ten (10) days) as is reasonably necessary to
cure the failure so long as: (1) TENANT commences to cure the failure within the 10 day period
following OWNER's initial written notice, and (2) TENANT diligently pursues a course of action
that will cure the failure and bring TENANT back into compliance with this Agreement. However,
if TENANT's failure to comply creates a hazardous condition, the failure must be cured
immediately upon notice to TENANT. In addition, if OWNER provides TENANT with notice of
TENANT's failure to comply with the same specific term, provision or covenant of this Agreement
on more than two (2) occasions during any 12-month period, TENANT's subsequent violation of
the same term, provision or covenant shall, at OWNER's option, be deemed an incurable event of
default by TENANT.
B. TENANT or any Guarantor becomes insolvent, files a petition for protection under the
U.S. Bankruptcy Code (or similar Law) or a petition is filed against TENANT or any Guarantor
under such Laws and is not dismissed within forty-five (45) days after the date of such filing, makes
a transfer in fraud of creditors or makes an assignment for the benefit of creditors, or admits in
writing its inability to pay its debts when due.
C. TENANT's leasehold estate is taken by process or operation of Law.
D. TENANT's failure to pay rent, including any penalty by the fifteenth (151h) of the
month.
12. Remedies.
A. OWNER's Remedies. Upon any default, OWNER shall have the right without notice
or demand to pursue any of its rights and remedies at Law or in equity, including any one or more
of the following remedies:
(1) Terminate this Agreement, in which case TENANT shall immediately surrender the
Premises to OWNER. If TENANT fails to surrender the Premises, OWNER may, in
compliance with applicable Law and without prejudice to any other right or remedy,
enter upon and take possession of the Premises and expel and remove TENANT,
TENANT's Property and any parties occupying all or any part of the Premises.
13. No Waiver. Neither party's failure to declare a default immediately upon its occurrence or
delay in taking action for a default shall constitute a waiver of the default, nor shall it constitute an
estoppel. Neither party's failure to enforce its rights for a default shall constitute a waiver of that
party's rights regarding any subsequent default.
14. TENANT's Right to Possession. Provided TENANT fully performs all of its other covenants
and agreements under this Agreement, TENANT shall have the right to occupy the Premises
without hindrance from OWNER or any person lawfully claiming through OWNER, subject to the
terms of this Agreement, all Mortgages, insurance requirements and applicable Law. This covenant
and all other covenants of OWNER shall be binding upon OWNER and its successors only during
its or their respective periods of Ownership of the Building, and shall not be a personal covenant of
any OWNER Parties.
15. Attorneys' Fees. If either party institutes a suit against the other for violation of or to enforce
any covenant or condition of this Agreement, or if either party intervenes in any suit in which the
other is a party to enforce or protect its interest or rights, the prevailing party shall be entitled to all
of its costs and expenses, including reasonable attorneys' fees.
16. Notice. If a demand, request, approval, consent or notice (collectively, a "notice") shall or may
be given to either party by the other, the notice shall be in writing and delivered by hand or sent by
registered or certified mail with return receipt requested, or sent by overnight or same day courier
service, or sent by facsimile, at the party's respective Notice Address(es) set forth in Article 1,
except that if TENANT has vacated the Premises (or if the Notice Address for TENANT is other
than the Premises, and TENANT has vacated such address) without providing OWNER a new
Notice Address, OWNER may serve notice in any manner described in this Article or in any other
manner permitted by Law. Each notice shall be deemed to have been received or given on the
earlier to occur of actual delivery (which, in the case of delivery by facsimile, shall be deemed to
occur at the time of delivery indicated on the electronic confirmation of the facsimile) or the date on
which delivery is first refused, or, if TENANT has vacated the Premises or the other Notice Address
of TENANT without providing a new Notice Address, three (3) days after notice is deposited in the
U.S. mail or with a courier service in the manner described above. Either party may, at any time,
change its Notice Address by giving the other party written notice of the new address in the manner
described in this Article.
17. Reserved Rights. This Agreement does not grant any rights to light or air over or about the
Building. OWNER has the right to change the Building's name or address. OWNER also has the
right to make such other changes to the Property and Building as OWNER deems appropriate,
provided the changes do not materially affect TENANT's ability to use the Premises for the
Permitted use. OWNER shall also have the right (but not the obligation) to temporarily close the
Building if OWNER reasonably determines that there is an imminent danger of significant damage
to the Building or of personal injury to OWNER's employees or the occupants of the Building. The
circumstances under which OWNER may temporarily close the Building shall include, without
limitation, electrical interruptions, weather emergencies and civil disturbances. A closure of the
Building under such circumstances shall not constitute a constructive eviction nor entitle TENANT
to an abatement or reduction of Rent.
18. Surrender of Premises. All improvements to the Premises shall be owned by OWNER and
shall remain upon the Premises without compensation to TENANT. At the expiration or earlier
termination of this Agreement or TENANT's right of possession, TENANT shall remove
TENANT's Removable Property (defined below) from the Premises, and quit and surrender the
Premises to OWNER, broom clean, and in good order, condition and repair, ordinary wear and tear
excepted. As used herein, the term "TENANT's Removable Property" shall mean: (A) Cable
installed by or for the benefit of TENANT and located in the Premises or other portions of the
Building; (B) any Improvements that are performed by or for the benefit of TENANT and, in
OWNER's reasonable judgment, are of a nature that would require removal and repair costs that are
materially in excess of the removal and repair costs associated with standard improvements
("Special Installations"); and (C) TENANT's personal property. Notwithstanding the foregoing,
OWNER may, in OWNER's sole discretion and at no cost to OWNER, require TENANT to leave
any of its Special Installations in the Premises. If TENANT fails to remove any of TENANT's
Removable Property (other than Special Installations which OWNER has designated to remain in
the Premises) within two (2) days after the termination of this Agreement or of TENANT's right to
possession, OWNER, at TENANT's sole cost and expense, shall be entitled (but not obligated) to
remove and store TENANT's Removable Property. OWNER shall not be responsible for the value,
preservation or safekeeping of TENANT's Removable Property. TENANT shall pay OWNER,
upon demand, the expenses and storage charges incurred for TENANT's Removable Property, If
TENANT fails to remove TENANT's Removable Property from the Premises or storage, as the
case may be, within thirty (30) days after written notice, OWNER may deem all or any part of
TENANT's Removable Property to be abandoned, and title to TENANT's Removable Property
(except with respect to any Hazardous Material shall be deemed to be immediately vested in
OWNER. Except for Special Installations designated by OWNER to remain in the Premises,
TENANT's Removable Property shall be removed by TENANT before the Expiration Date;
provided that upon OWNER's prior written consent (which must be requested by TENANT at least
thirty (30) days in advance of the Expiration Date and which shall not be unreasonably withheld),
TENANT may remain in the Premises for up to five (5) days after the Expiration Date for the sole
purpose of removing TENANT's Removable Property. TENANT's possession of the Premises for
such purpose shall be subject to all of the terms and conditions of this Agreement. In the event this
Agreement is terminated prior to the Expiration Date, TENANT's Removable Property (except for
Special Installations designated by OWNER to remain in the Premises) shall be removed by
TENANT on or before such earlier date of termination. TENANT shall repair damage caused by
the installation or removal of TENANT's Removable Property.
19. Hazardous Materials. No Hazardous Material (defined below) (except for de minimis
quantities of housed cleaning products and office supplies used in the ordinary course of
TENANT's business at the Premises and that are used, kept and disposed of in compliance with
Laws) shall be brought upon, used, kept or disposed of in or about the Premises or the Property by
any TENANT Parties or any of TENANT's transferees, contractors or licensees without OWNER's
prior written consent, which consent may be withheld in OWNER's sole and absolute discretion.
20. Miscellaneous.
A. Governing Law; Jurisdiction and Venue; Severability; Paragraph Headings. THIS
AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES SHALL BE
INTERPRETED, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
THE STATE IN WHICH THE BUILDING IS LOCATED. ALL OBLIGATIONS UNDER THIS
AGREEMENT ARE PERFORMABLE IN THE COUNTY OR OTHER JURISDICTION WHERE
THE BUILDING IS LOCATED, WHICH SHALL BE THE EXCLUSIVE VENUE FOR ALL
LEGAL ACTIONS. If any term or provision of this Agreement shall to any extent be invalid or
unenforceable, the remainder of this Agreement shall not be affected, and each provision of this
Agreement shall be valid and enforced to the fullest extent permitted by Law. The headings and
titles to the Articles and Sections of this Agreement are for convenience only and shall have no
effect on the interpretation of any part of this Agreement. The word "including" shall not be
construed restrictively to limit or exclude other items not listed.
B. Recording. TENANT shall not record this Agreement or any memorandum without
OWNER's prior written consent.
C. Force Majeure. Whenever a period of time is prescribed for the taking of an action by
OWNER or TENANT, the period of time for the performance of such action shall be extended by
the number of days that the performance is actually delayed due to strikes, acts of God, shortages of
labor or materials, war, civil disturbances and other caused beyond the reasonable control of the
performing party ("Force Majeure"). However, events of Force Majeure shall not extend any
period of time for the payment of Rent or other sums payable by either party or any period of time
for the written exercise of an option or right by either party.
D. Transferability; Reuse of OWNER. OWNER shall have the right to transfer and
assign, in whole or in part, all of its rights and obligations under this Agreement and in the Building
and/or Property, and upon such transfer OWNER shall be released from any further obligations
hereunder, and TENANT agrees to look solely to the successor in interest of OWNER for the
performance of such obligations.
E. Authority; Joint and Several Liability. OWNER covenants, warrants and represents
that: (1) each individual executing, attesting and/or delivering this Agreement on behalf of
OWNER is authorized to do so on behalf of OWNER; (2) this Agreement is binding upon and
enforceable against OWNER; and (3) OWNER is duly organized and legally existing in the state of
its organization and is qualified to do business in the state in which the Premises are located.
Similarly, TENANT covenants, warrants and represents that: (a) each individual executing,
attesting and/or delivering this Agreement on behalf of TENANT is authorized to do so on behalf of
TENANT; (b) this Agreement is binding upon and enforceable against TENANT; and (c) TENANT
is duly organized and legally existing in the state of its organization and is qualified to do business
in the state in which the Premises are located. If there is more than one TENANT, or if TENANT is
comprised of more than one party or entity, the obligations imposed upon TENANT shall be joint
and several obligations of all the parties and entities. Notices, payments and agreements given or
made by, with or to any one person or entity shall be deemed to have been given or made by, with
and to all of them.
F. Time is of the Essence; Relationship; Successors and Assigns. Time is of the essence
with respect to TENANT's performance of its obligations and the exercise of any expansion,
renewal or extension rights or other options granted to TENANT. This Agreement shall create only
the relationship of OWNER and occupant between the parties, and not a partnership, joint venture
or any other relationship. This Agreement and the covenants and conditions in this Agreement shall
inure only to the benefit of and be binding only upon OWNER and TENANT and their permitted
successors and assigns.
G. Survival of Obligations. The expiration of the Term, whether by lapse of time or
otherwise, shall not relieve either party of any obligations which accrued prior to or which may
continue to accrue after the expiration or early termination of this Agreement.
H. Binding Effect. OWNER has delivered a copy of this Agreement to TENANT for
TENANT's review only, and the delivery of it does not constitute an offer to TENANT or an
option. This Agreement shall not be effective against any party hereto until an original copy of this
Agreement has been signed by such party and delivered to the other party.
I. Full Agreement; Amendments. This Agreement contains the parties' entire agreement
regarding the subject matter hereof. This Agreement supersedes all understandings, discussions,
and agreements previously made between the parties, written or oral, and neither party is relying
upon any warranty, statement or representation not contained in this Agreement. This Agreement
may be modified only by a written agreement signed by OWNER and TENANT. The exhibits and
riders attached hereto are incorporated herein and made a part of this Agreement for all purposes.
OWNER and TENANT have executed this Agreement to be effective as of the Effective Date.
OWNER:
City of Sanger, Texas
BY:
Name: Mayor Thomas Muir
TENANT:
0
Mkriam Calderon
By:
Name:
Attest:
Tami Taber, City Secretary
AGENDA INFORMATION SHEET
APPROVAL OF A CHANGE IN ATMOS ENERGY CORPORATION,
MID-TEX DIVISION'S ("ATMOS") RATES AS A RESULT OF
SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS
MUNICIPALITIES ("ATM") UNDER THE RATE REVIEW
MECHANISM FOR 2015
ATMOS TEXAS MUNICIPALITIES
The City is a member of the Atmos Texas Municipalities (ATM). The ATM group was
organized by a number of municipalities served by Atmos and has been represented by
the law firm of Herrera & Boyle, PLLC (through Mr. Alfred R. Herrera). ATM also
retained the services of a consulting firm, Utilitech, Inc. (Mr. Mike Brosch and Mr. Steve
Carver) to assist in reviewing an application submitted by the Atmos Energy -Mid -Tex
Division (Atmos) that seeks to increase its rates and change its rates. Herrera & Boyle,
PLLC and Utilitech, Inc. have participated in prior rate cases involving Atmos and have
extensive knowledge and experience in rate matters affecting Atmos' rates, operations,
and services.
HISTORY OF PRIOR RATE INCREASES
Increase Under Previous Version of RRM (Approved October 2010)
On March 15, 2010, Atmos requested an increase of $70.1 million in its system -wide
rates. ATM and Atmos settled on an increase of $27 million for prospective rates.
Increase Under Previous Version of RRM (Approved September 2011)
On April 1, 2011, Atmos filed a request to increase rates system -wide by $15.6 million.
ATM and Atmos agreed to not increase base rates and permitted Atmos to recover $6.6
million for the steel pipe replacement program.
General Rate Case (Approved December 2012)
In January 2012, Atmos sought an increase of about $49.1 million. Ultimately, the ATM
cities and Atmos were not able to reach agreement on an increase and Atmos filed an
appeal to the Railroad Commission of Texas. The Railroad Commission approved an
increase of about $24.1 million, representing an increase in revenue of about 7%.
Increase Under Current RRM (July 2013)
In the summer of 2013, Atmos and ATM entered into an agreement that approved a
revised Rate Review Mechanism (RRM). The RRM approved in the summer of 2013 is
the third iteration of that rate -setting mechanism.
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On about July 15, 2013, Atmos submitted a request to increase rates under the current
RRM. Atmos requested an increase in rates on a system -wide basis of $22.7 million,
which is an increase of about 5%. Following a series of settlement negotiations between
Atmos' experts and ATM's experts, Atmos agreed to an increase of $16.6 million, an
increase in revenue of about 3.7%.
Prior Increase Under the ARM (June 2014) — Atmos Filed Appeal With the Railroad
Commission — Gas Utility Docket (GUD) No. 10359:
On about February 28, 2014, Atmos filed its second request to increase rates under the
current iteration of the RRM (the "2014 RRM") and requested a system -wide increase of
about $45.6 million (9.2% increase in revenue). ATM's consultants' preliminary
assessment indicated that Atmos warranted at most an increase of $26.6 million. A
settlement was not reached, the ATM cities denied Atmos' proposed increase, and Atmos
appealed ATM's denial of its revenue increase to the Railroad Commission. On appeal
Atmos revised its request downward from $45.6 million to $43.8 million. Atmos
implemented the full rates on June 1, 2014, subject to refund. The Commission held a
hearing on September 3, 2014, and did not issue the hearing examiner's proposal for
decision ("PFD") until last week on April 28, 2015. The hearing examiner proposed an
increase of $42.9 million, that is, only about $860,000 less than Atmos requested.
2015 RRM APPLICATION UNDER THE CURRENT RATE REVIEW
MECHANISM
On February 27, 2015, Atmos submitted an application under the current RRM seeking a
system -wide rate increase of $28.7 million ("2015 RRM"), which equates to an increase
of about 5.6%. After review of Atmos' application, and of the Railroad Commission's
proposal for decision in GUD No. 10359 (as is explained in more detail below), ATM's
Special Counsel and ATM's consultant, Utilitech, Inc., concluded Atmos merited an
increase of no more than about $9.1 million ("Report"). However, ATM's consultants
completed that report without the benefit of the Commission's PFD for the 2014 RRM.
ATM's Special Counsel and consultants had hoped to have direction from the
Commission on many of the disputes that arose in the 2014 RRM resolved so as to
inform their analysis of Atmos' 2015 RRM. If the Commission adopts the PFD for the
2014 RRM, which is the most likely scenario, many of the recommendations supported
by ATM will be eliminated or modified. Therefore, ATM's Special Counsel and
consultants' preliminary findings of a $9.1 million increase, would have to be adjusted to
accommodate the PFD issued in the 2014 RRM and would produce an increase closer to
about $23 million.
At this juncture, the ATM cities' options are as follows:
Option 1. To deny Atmos' requested increase under the 2015 RRM and approve no
increase;
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Option 2. To deny Atmos' requested increase and approve an increase of no more than
$9.1 million for its 2015 RRM, based on ATM's consultants' preliminary
report;
Option 3. To take no action and allow Atmos' proposed increase of $23.9 million in the
affected cities and its related rates to go into effect; or
NOTE. If the City elects Option 1, Option 2, or Option 3, the City would also have to
continue its participation in the append pending at the Railroad Commission
in GUD No. 10359 and incur its attendant costs.
Option 4. To approve a settlement agreement that resolves the 2014 RRM and the 2015
RRM, which combined results in an increase in rates above 2013 revenues of
$65.7 million.
Note that under Option 1 and Option 2, Atmos has the right to appeal the ATM cities'
decisions to the Railroad Commission of Texas and pending such an appeal has the right
to implement its proposed increase of $23.9 million effective June 1, 2015, subject to
refund if the Commission's review later finds a lower amount is appropriate. Atmos has
notified ATM's Special Counsel of Atmos' intent to file an appeal of the City's decision
to deny its requested increase.
In an appeal to the Commission, Atmos would in all likelihood argue that the costs of
appeal should be borne by only the ATM cities. Given the Commission's tendency to err
in favor of utilities, Atmos would likely prevail. An appeal would increase the burden on
ratepayers by adding rate case expenses, which would include both ATM's and Atmos'
costs of preparing and prosecuting the appeal, and the costs of a hearing.
RECOMMENDATION:
After a series of negotiations with Atmos, and given the significant downside of
continued litigation of this matter, ATM's Special Counsel recommends resolving both
the 2014 RRM and 2015 RRM in a single settlement agreement. Continued efforts at the
Commission with regard to the 2014 RRM will result in more rate case expenses and are
unlikely to result in any material changes to the PFD in favor of ATM. Also, because the
Commission issued the PFD regarding the 2014 RRM at such a late date, it undermined
ATM's consultants' ability to incorporate the proposed decisions regarding the 2014
RRM, into their 2015 RRM report.
If the ATM rejects Atmos' settlement offer, Atmos would appeal the cities' decision to
the Railroad Commission. While there are a number of contested issues whose outcome
are uncertain in an appeal, based on the Proposal for Decision regarding Atmos' 2014
RRM, ATM's Special Counsel and consultants are of the opinion that the Railroad
Commission would reach the same results its hearing examiner reached in regarding the
2014 RRM. That is, the probability is high that on appeal the Railroad Commission
would award Atmos all or most of its 2015 RRM request, $23.9 million, as well as $42.9
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million of its 2014 RRM request. At part of the settlement of Atmos' 2014 and 2015
RRMs, Atmos will dismiss its appeal of the 2014 RRM and will not seek recovery of
RRM rate case expenses.
Therefore, because of the risks of an unfavorable outcome at the Railroad
Commission,
ATM's special counsel advises the ATM cities to accept a settlement increasing rates by
about $21.87 million over the current, interim rates Atmos is charging.
Because the
current rates Atmos is charging have not been approved by either the
cities or the
Railroad Commission, the City's action in effect would be to approve an increase
for the
2014 RRM filing and the 2015 RRM filing of about $65.7 million, combined,
over
Atmos' 2013 proposed revenues. The Settlement Agreement is appended as "Attachment
A."
The combined increases for the 2014 RRM and 2015 RRM are shown below:
2014 RRM
System Wide
2014 RRM Filed City Amount
$45,732,838
Adjustments
(1,913,950)
2014 RRM Filed Appeal Amount
43,818,888
Adjustments:
CC 1205
(27,748)
AtmoSpirit and Service Awards
(196,741)
Depreciation on Disallowed Projects
(349,906)
Incentive Compensation to Achieved payout of 150%
(84,555)
Flow Through effect of incentive adjustment
(6)
ADIT NOL Correction
(36,545)
Other Revenue: Forfeited Discount
(122,668)
Flow through effects of above adjustments
(42,088)
PFD Amount
$42,958,631
2015 RRM
System Wide
2015 RRM Filed City Amount (adjusted as noted)
$28,673,724
2014 Rate Case Expense
799,651
2015 RRM Filed Amount
29,473,375
Downward Adjustments:
Billing Determinant Adjustment
(4,632,888)
AtmoSpirit and Service Awards
(93,977)
Depreciation on Disallowed Projects
(371,598)
Refund from Appeal
(860,257)
Correction from ATM RFI 1-26 and ATM RFI 5-10
(1,525,993)
Correction from ACSC RFI 3-01 and ACSC RFI 3-02
(115,499)
2015 RRM Adjusted
$21,873,163
Total Increase in Base Rates for 2014 RRM and 2015 RRM
$65,692,051
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An increase of about $21.87 million over the rates Atmos is currently charging related to
the 2015 RRM, represents an increase of about 4%, and the impact on an average
customer's bill would be as follows:
Customer
Class
Current Bill
Proposed
Bill
Difference
% Increase
with Gas
Cost
% Increase
without Gas
Cost
Residential
$71.48
$72.62
$1.14
1.59%
4.45%
Commercial
$280.04
$282.73
$2.69
0.96%
4.01 %
Industrial
$1,082.55
$1113.37
$30.82
2.85%
3.66%
Transportation
$909.36
$940.17
$30.81
3.39%
3.70%
The rate schedules to accomplish the increase are attached to the Resolution approving
the increase.
The City should take action as soon as possible but no later than May 31, 2015.
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ATTACHMENT A TO AGENDA INFORMATION SHEET
SETTLEMENTA(,12EEMENT_I3I;TW1± EN ATM_OS ENERGY CORP., Mill-TEX_ _
DIVISION AND ATMOS TEXAS MUNICIPALITIES
WHEREAS, this agreement (`Settlement Agreement") is entered into by Atmos Energy
Corp's Mid-'I'ex Division and Atmos Texas Municipalities ("ATM") whose members include the
Cities of Austin, Balch Springs, Bandera, Bartlett, Belton, Blooming Grove, Bryan, Cameron,
Cedar Park, Clifton, Corsicana, Denton, Electra, Fredericksburg, Gatesville, Georgetown, Glen
Rose, Goldthwaite, Granbury, Greenville, Groesbeck, Hamilton, Heath, Henrietta, Hickory
Creek, flico, Hillsboro, Lampasas, Leander, Lometa, Longview, Marble Palls, Mart, Mexia,
Olney, Pflugerville, Point, Princeton, Ranger, Rice, Riesel, Rockdale, Rogers, Round Rock, San
Angelo, Sanger, Somerville, Star Harbor, Trinidad, and Whitney.
WHEREAS, on February 28, 2014, Atmos filed with the ATM Cities an application,
hereinafter referred to as the 2014 RRM filing, to adjust rates pursuant to Rider RRM - Rate
Review Mechanism, which were subsequently consolidated into GUD No. 10359 at the Railroad
Commission of Texas; and
WHEREAS, on February 27, 2015, Atmos filed with the ATM Cities an application,
hereinafter referred to as the 2015 RRM tiling, to adjust rates pursuant to Rider RRM - Rate
Review Mechanism; and
WHEREAS, the Settlement Agreement resolves all issues between Atmos and ATM
("the Signatories") regarding the 2014 RRM tiling, which is currently pending before the
Commission, and the 2015 RRM tiling, which is currently pending before the ATM Cities, in a
manner that the Signatories believe is consistent with the public interest, and the Signatories
represent diverse interests; and
WHEREAS, the Signatories believe that the resolution of the issues raised in the 2014
RRM tiling and the 2015 RRM filing can best be accomplished by each ATM City approving
this Settlement Agreement and the rates, terms and conditions reflected in the tariffs attached to
this Settlement Agreement as Exhibit A;
NOW, THEREFORE, in consideration of the mutual agreements and covenants
established herein, the Signatories, through their undersigned representatives, agree to the
following Settlement Terms as a means of fully resolving all issues between Atmos and the
ATM Cities involving the 2014 RRM filing and 2015 RRM tiling:
Settlement Tcrm.s
Upon the execution of this Settlement Agreement, the ATM Cities will approve an
ordinance or resolution to approve the Settlement Agreement and implement the rates,
terms and conditions reflected in the tariffs attached to the Settlement Agreement as
Exhibit A. (Attachment A to the Resolution ratifying the Agreement). Said tariffs
should allow Atmos to recover annually an additional $65.7 million in revenue over
the amount allowed under currently approved rates by implementation of rates shown
in the proof of revenues attached as Exhibit B. (Attachment B to the Resolution
ratifying this Agreement). The uniform implementation of gas rates, terms and
conditions established by the Settlement Agreement shall be effective for bills
1
Athnos Micl'T ex-A7'h1 S'eulemeni Agreement
2014 RRM & 2015 RRM
6of11
rendered on or after June 1, 2015. Consistent with the City's authority under Section
103.001 of the Texas Utilities Code, the Settlement Agreement represents a
comprehensive settlement of gas utility rate issues affecting the rates, operations and
services offered by Atnios within the municipal limits of the ATM Cities arising from
Atmos' 2014 RRM filing and 2015 RRM filing. No refunds of charges billed to
customers by Atmos under the RRM in past periods shall be owed or owing.
2. In an effort to streamline the regulatory review process, Atmos and the ATM Cities
have agreed to continue discussions regarding renewal of the Rate Review Mechanism
(`Rider RRM"). To that end, Atmos and the ATM Cities agree to begin such
discussions no later than the date upon which Atmos submits its next application under
the existing RRM.
3. Atmos and the ATM Cities agree that rate base as of* December 31, 2014 in the amount
of'$1,955,948,256 is just and reasonable and shall be recovered in rates.
4. Atmos and the ATM Cities agree that a pension and other postemployment benefits
balance as of December 31, 2014 in the amount of'$18,284,949 is just and reasonable
and shall be used as the beginning balance for purposes of determining pension and
other postemployment benefits to be recovered in the next RRM filing (Attachment C
to the Resolution ratifying the Agreement).
5. With regard to the treatment of Atmos' Rule 8.209 regulatory asset under the RRM,
Atmos and the ATM Cities agree to the following with respect to any pending and
future RRM filings:
a. the capital investment in the Rule 8.209 regulatory asset in the 2014 RRM filing
and 2015 RRM filing is reasonable and consistent with the requirements of Rule
8.209,
b. the classification of projects included in the Rule 8.209 regulatory asset in the
2014 RRM filing and 2015 RRM filing is reasonable and consistent with the
requirements of Rule 8.209 and shall serve as a basis for classification of projects
in fixture RRM filings;
c. the treatment of blanket replacement projects, system upgrades, relocations, and
transmission line replacements in the Rule 8.209 regulatory asset in the 2014
RRM filing and 2015 RRM filing is reasonable and consistent with the
requirements of Rule 8.209 and shall be included in future RRM filings.
d. the incurred expenses included in the Rule 8.209 regulatory asset in the 2014
RRM and the 2015 RRM are reasonable and consistent with the requirements of
Rule 8.209 and shall be included in future RRM filings;
e. interest on the Rule 8.209 regulatory asset account shall be calculated using the
pre-tax cost of capital most recently approved by the Commission. Tile use of the
pre-tax cost of capital is consistent with Rule 8.209. A return on Rule 8.209
capital investment is only earned once the investment is included in rate base. No
Atmos Micf7'cx-ATjb1 Seltleineni igreement
2014 RRhf & 2015 RRNi
7of11
change in the Company's calculation of the interest component in its Rule 8.209
regulatory asset accounts is warranted through the period ended May 31, 2015.
Beginning June 1, 2015, interest expense shall be calculated monthly using simple
interest (i.e. 11.49% divided by 12, or approximately 0.96% per month) applied to
the total value of the Rule 8.209 asset investment (exclusive of interest) until such
time the Rule 8,209 regulatory asset is approved for inclusion in the Company's
rate base.
1'. While Atinos and the ATM Cities agree to apply the treatments and
methodologies set forth in this paragraph, subsections (a) — (e) in all future RRM
filings, the regulatory authority retains its right to disallow any capital investment
that is not shown to be prudently incurred in future RRM filings.
g. Atmos and the ATM Cities acknowledge that their agreement regarding the
treatment and methodologies applicable to Rule 8.209 capital investments under
the RRM tariff shall not prejudice the right of either party to argue for different
treatments or methodologies in a future statement of intent proceeding.
6. Revenues approved pursuant to Paragraph 1 of the Settlement Agreement include
reimbursement of all rate case expenses owed to the ATM Cities in connection with
the 2014 RRM filing.
The Signatories agree that each ATM city shall approve this Settlement Agreement
and adopt an ordinance or resolution to implement for the ATM Cities the rates, terms,
and conditions reflected in the tariffs attached to the Settlement Agreement as Exhibit
A. Atmos and ATM further agree that at such time as all of the ATM Cities ]rave
passed an ordinance or resolution consistent with the Settlement Agreement and
Atmos has received such ordinance or resolution, Atmos shall withdraw its appeal of
the currently pending RRM filing before the Railroad Commission of Texas in
connection with the 2014 RRM tiling.
8. Atmos and the ATM Cities further agree that the express terms of the Rider RRM are
supplemental to the filing, notice, regulatory review, or appellate procedural process of
the ratennaking provisions of Chapter 104 of the Texas Utilities Code. If the statute
requires a mandatory action on behalf of the municipal regulatory authority or Atmos,
the parties will follow the provisions of such statute. If the statute allows discretion on
behalf of the municipal regulatory authority, the ATM Cities agree that they shall
exercise such discretion in such a way as to implement the provisions of the RRM
tariff. It' Atmos appeals an action or inaction of an ATM City regarding an RRM
filing to the Railroad Commission, the ATM Cities agree that they will not oppose the
implementation of interim rates or advocate the imposition of a bond by Atmos
consistent with the RRM tariff. Atmos agrees that it will make no filings on behalf of
its Mid -Tex Division under the provisions of Section 104,301 of the Texas Utilities
code while the Rider RRM is in place. In the event that a regulatory authority fails to
act or enters an adverse decision regarding the proposed annual RRM adjustment, the
Railroad Commission of "texas shall have exclusive appellate jurisdiction, pursuant to
the provisions of the 'Texas Utilities Code, to review the action or inaction of the
regulatory authority exercising exclusive original jurisdiction over the RRM request.
3
Atmos A1id7er-A7'MS'eIilenrenl Agreemert
20/4 RRA,1& 2015 RRA4
8of11
In addition, the Signatories agree that this Settlement Agreement shall not be
construed as a waiver of the ATM Cities' right to initiate a show cause proceeding or
the Company's right to file a Statement of Intent under the provisions of the Texas
Utilities Code.
9. The Signatories agree that the terms of the Settlement Agreement are interdependent
and indivisible, and that if any ATM city enters an order that is inconsistent with this
Settlement Agreement, then any Signatory may withdraw without being deemed to
have waived any procedural right or to have taken any substantive position on any fact
or issue by virtue of that Signatory's entry into the Settlement Agreement or its
subsequent withdrawal. If any ATM city rejects this Settlement Agreement, then this
Settlement Agreement shall be void nb initio as to that city.
10. The Signatories agree that all negotiations, discussions and conferences related to the
Settlement Agreement are privileged, inadmissible, and not relevant to prove any
issues associated with Atmos' 2014 RRM filing and 2015 RRM filing.
11. The Signatories agree that neither this Settlement Agreement nor any oral or written
statements made during the course of settlement negotiations may be used for any
purpose other than as necessary to support the entry by the ATM Cities of an
ordinance or resolution implementing this Settlement Agreement.
12. The Signatories agree that this Settlement Agreement is binding on each Signatory
only for the purpose of settling the issues set forth herein and for no other purposes,
and, except to the extent the Settlement Agreement governs a Signatory's rights and
obligations for future periods, this Settlement Agreement shall not be binding or
precedential upon a Signatory outside this proceeding.
13. The Signatories agree that this Settlement Agreement may be executed in multiple
counterparts and may be filed with facsimile signatures.
Atmos AdidTer-ATMSeHlement Agreement
2014 RRA4 & 2015 RRM
9ofII
Agreed to this 7 day of May, 2015.
ATMOS ENERGY CORP., MID-TEX DIVISION
By: 01, R_'r
Jo A. Paris
President, Mid -Tex Division
10 of 11
Agreed to this 7°i day of May 2015.
ATTORNEY POR ATMOS TEXAS MUNICIPALITIES, WHOSE MEMBERS INCLUDE
THE CITIES OF AUSTIN, BALCH SPRINGS, BANDERA, BARI-LETT, BELTON.
BLOOMING GROVE, BRYAN, CAMERON, CEDAR PARK, CLIFTON, CORSICANA,
DENTON, ELECTRA, FREDERICKSBURG, GATESVILLE, GEORGETOWN, GLEN ROSE,
GOLDTHWAITE, GRANBURY, GREENVILLE, GROESBECK, HAMIL,TON, HEATH,
HENRIETTA, HICKORY CREEK, IIICO, HILLSBORO, LAMPASAS, LEANDER,
LOMETA, LONGVIEW, MARBLE FALLS, MART, MEXIA, OLNEY, PFLUGERVILLE,
POINT, PRINCETON, RANGER, RICE, RIESEL, ROCKDALE, ROGERS, ROUND ROCK,
SAN ANGELO SANGER, SOMERVILLE, SPAR LIARBOR, TRINIDAD, AND WHITNEY,
By:
Alfred R. [errera*
* Subject to approval by ATM City Councils
Ahnos Midfex-ATA &Itlentew Agreement
2014 RRY11 & 2015 RRr41
11 of 11
MID-TEX DIVISION RRC Tariff No:
ATMOS ENERGY CORPORATION
RATE SCHEDULE:
R — RESIDENTIAL SALES
ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF
APPLICABLE TO:
DALLAS AND UNINCORPORATED AREAS
EFFECTIVE DATE:
Bills Rendered on or after 06/01/2015
[PAGE:
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge
Amount
Customer Charge per Bill
$ 18.60 per month
Rider CEE Surcharge
$ 0.02 per month'
Total Customer Charge
$ 18.62 per month
Commodity Charge — All Ccf
$0.09931 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company's Tariff for Gas Service.
'Reference Rider CEE - Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2014.
RESOLUTION #R05-03-15
A RESOLUTION BY THE CITY OF SANGER, TEXAS
("CITY"), APPROVING A CHANGE IN THE RATES OF
ATMOS ENERGY CORPORATION, MID-TEX DIVISION
("ATMOS") AS A RESULT OF A SETTLEMENT
BETWEEN ATMOS AND THE ATMOS TEXAS
MUNICIPALITIES ("ATM") UNDER THE RATE REVIEW
MECHANISM; FINDING THE RATES SET BY THE
ATTACHED TARIFFS TO BE JUST AND REASONABLE;
FINDING THAT THE MEETING COMPLIED WITH THE
OPEN MEETINGS ACT; DECLARING AN EFFECTIVE
DATE; AND REQUIRING DELIVERY OF THE
RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL.
WHEREAS, the City of Sanger, Texas ("City") is a regulatory authority under the Gas
Utility Regulatory Act "GURA") and under § 103.001 of GURA has exclusive original
jurisdiction over Atmos Energy Corporation — Mid -Tex Division ("Atmos") rates, operations,
and service of a gas utility within the municipality; and
WHEREAS, the City has participated in prior cases regarding Atmos as part of a
coalition of cities known as the Atmos Texas Municipalities ("ATM"); and
WHEREAS, pursuant to the Rate Review Mechanism ("RRM") for 2015 filed with the
City on or around February 27, 2015 for a proposed system -wide increase of $28.7 million; and
WHEREAS, experts representing ATM have been analyzing data furnished by Atmos
and interviewing Atmos' management regarding the RRM; and
WHEREAS, in May 2015, ATM and Atmos entered into a Settlement Agreement which
resolved the 2014 RRM and 2015 RRM; and
WHEREAS, the settlement agreement permits Atmos to implement an increase of
$21.87 million increase over the current interim rates Atmos is charging, which when combined
1
with the increase under the 2014 RRM produces an increase of $65.7 million increase over
Atmos' 2013 revenues; and
WHEREAS, as part of the settlement agreement, Atmos will dismiss its pending appeal
at the Railroad Commission of Texas, Atmos will not seek to recover rate case expenses over
and above the agreed rate increase; and
WHEREAS, the Steering Committee of ATM and its counsel recommend approval of
the attached tariffs, set forth as Attachment A, along with the proof of revenues set forth as
Attachment B, and Attachment C, setting forth the beginning balance for purposes of
determining pension and other post -employment benefits to be recovered in the next RRM filing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS THAT:
Section 1. The findings set forth in this Resolution are hereby in all things approved.
Section 2. The amended tariffs in Attachment A are hereby adopted to become effective
on June 1, 2015.
Section 3. To the extent any Resolution previously adopted by the City Council is
inconsistent with this Resolution, it is hereby superseded.
Section 4. 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 5. If any one or more sections or clauses of this Resolution is judged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted
as if the offending section or clause never existed.
2
Section 6. This Resolution shall become effective from and after its passage.
Section 7. A copy of this Resolution shall be sent to Atmos Mid -Tex, care of
Christopher Felan, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation,
5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240 and to Mr. Alfred R. Herrera, Herrera &
Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701.
PASSED AND APPROVED this day of , 2015.
ATTEST:
City Secretary
Mayor
3
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:
May 18, 2015 Joseph D. Iliff, AICP
City Manager Reviewed/Approval Initials Date
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ❑ APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ® OTHER MERITORIOUS EXCEPTION TO THE SIGN ORDINANCE
AGENDA CAPTION
Consider, Discuss, and Possibly Grant a Meritorious Exception to the Sign Ordinance for the Trail Dust
Steakhouse, Located at 1200 South Stemmons St.
FINANCIAL SUMMARY
❑N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED
BACKGROUND/SUMMARY OF ITEM
The Sign Ordinance permits applicants to propose signage that is not allowable under its criteria, but
"have obvious merit in not only being appropriate to the particular site or location, but also in making a
positive contribution to the visual environment. Such proposals will be seriously and fairly considered by
the City Council."
The applicant is requested an ieritorious exception to allow both a larger total permitted sign area, and a
larger permitted electronic message board. The ordinance sets a maximum of 150 square feet of area on
a pole sign along Interstate 35 (Sec. 3.1407 (b) (2) (a)). Also, message signs are allowed up to 20 square
feet and count toward the overall signage allowance (Sec. 3.1406 (6)).
The applicant is requesting a total of 480.4 square feet of total area on the pole sign, with 72.4 square feet
of electronic message board. The applicant is proposing that some of the additional permitted area will be
used by additional users on the site, for example if the property were subdivided and additional buildings
constructed. The sign ordinance does permit multiple users to combine their allowed signage into a single
pole sign, but only up to 200 square feet.
STAFF OPTIONS & RECOMMENDATION
Staff finds that the site does face an unusual visibility challenge compared to others along Interstate 35,
as it is in the shadow of the 5th Street overpass (Keaton Road exit). This inhibits visibility from northbound
traffic along the interstate. Staff also finds there is a practical challenge in the attempt to use the business's
existing signage on the property's existing signage. For these reasons, Staff finds that the Council can
justify granting additional signage, if they find it makes "a positive contribution to the visual
environment" as described in the sign ordinance.
List of Supporting Documents/Exhibits Attached:
Prior Action/Review by Council, Boards, Commissions or Other
• Applicant's Letter of Request
Agencies:
• Sections from Sign Ordinance
None
• Aerial Photo of Subject Property
• Photos of Existing Si na e
Joe Miff
From: steve@commerciallandservices.com
Sent: Monday, May 11, 2015 12:44 PM
To: JIliff@Sangertexas.org
Subject: City Council Signage Matters
Joe,
After much discussion with Owner of the 5.94 acres, the tenant (Trail Dust Steak House), and the Sign Guy, we have the
proposal that we wish to present to the City Council at our meeting on the 18th. We have very special concerns about
our signage in that the Trail Dust Restaurant is only about %th of the site and there are others that will eventually occupy
the site and have signage needs as well. We are currently in talks with another user already for a major portion of the
remainder of the sites. We will comment on the pole sign and the use of the items listed below.
Therefore, we are proposing the following: The tallest larger sign (currently with "Smokies" on it) will be left blank
(white out) until the site begins to fill in with other users. Because of the poor visibility from the south with the 5t" St.
overpass there is an imperative need for it being seen as traffic and patrons approach from that direction. That
particular sign can and is anticipated being used as a placard type marquee to advertize for the multiple tenants who
occupy the site. Total sq ft 336 ( 24' x 14')
Obviously, the next sign down the pole is the 6' x 12' Parker Bros. Trail Dust Sign, with the Logo of the tenants who are
nearing their work onsite for a soon to be opening. Total sq ft 72 It will be front lit.
The next is a digital "reader board" that the Trail Dust had at their previous location and will display their specials and
info dated only to the Trail Dust and their operations. Total sq ft 32.4
The last request is that the Owner be granted the same right to place a similar "reader board" below the Trail Dust's
reader board to represent those who are the other tenant users on the larger site. They have no other way to represent
who they are and what they do. It will be their exposure to their customer base, even though they may be buried in the
rear of the Restaurant near the North East Corner of the property. Total sq ft 40
All of these sign and reader boards represent the true need of the site, especially considering the south view block and
the distance to the view of the South bound traffic on 135. It is with great anticipation that we request you permission to
move forward on all of these matter.
Respectfully,
Kenneth C. Minhinnett/Site Owner
CITY OF SANGER
COUNCIL AGENDA ITEM
AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance
❑ Yes
® Not Applicable
❑ Workshop ❑ Executive ElPublic Hearing Reviewed by Legal
❑ Yes
❑ Not Applicable
Council Meeting Date: Submitted By:
May 18, 2015 Joseph D. Iliff, AICP
City Manager Reviewed/Approval Initials Date
ACTION REQUESTED: ®ORDINANCE _05-10-15 ❑ RESOLUTION # ❑ APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ OTHER
AGENDA CAPTION
Consider, Discuss, and Possibly act on Ordinance 05-10-15 Abandoning Right-of-way of Windmill Drive
South of Sanger Circle Drive
FINANCIAL SUMMARY
®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED
BACKGROUND/SUMMARY OF ITEM
The subject right-of-way is a small extension of Windmill Drive south of its intersection with Sanger
Circle Drive. The original preliminary plat for Trails of Sanger planned for Windmill Drive to continue
south of Silver Spur Drive (now Sanger Circle Drive). The final plat for Phase 1 dedicated a small portion
of right-of-way to stub out the street to the south.
The developer of Sanger Circle is requesting to abandon this right-of-way as Windmill Drive is no longer
planned to be extended to the south. The plat for the adjacent property would reincorporate the abandoned
right-of-way.
STAFF OPTIONS & RECOMMENDATION
Staff finds that there are no public utilities present within the subject right-of-way. Staff recommends
adoption of the ordinance to abandon the right-of-way of Windmill Drive
List of Supporting Documents/Exhibits Attached:
Prior Action/Review by Council, Boards, Commissions or Other
0 Ordinance 05-10-15
Agencies:
• Exhibit: Aerial photo of 13th Street
None
ORDINANCE 05-10-15
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
ABANDONING THE RIGHT-OF-WAY OF WINDMILL DRIVE SOUTH OF SANGER
CIRCLE DRIVE; 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, the City of Sanger has received a request from the owners of the properties
adjacent to the right-of-way of Windmill Drive south of Sanger Circle Drive to abandon it; and
WHEREAS, the City Council has reviewed the public necessity of maintaining this right-of-
way; and
WHEREAS, the City Council has found that this right-of-way no longer serves a valuable
enough public interest to merit its continued maintenance; Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1 The right-of-way of Windmill Drive, from the southern edge of the right-
of-way of Sanger Circle Drive to its termination, more fully described in the attached Exhibit
A, is hereby abandoned.
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 18t" day of May, 2015.
APPROVED:
Mayor Thomas Muir
ATTEST:
City Secretary Tami Taber
VVHtKtAS Sanger Land Development, LLC, is the owner of all that certain tract of land situated in the R. Bebee Survey,
Abstract Number 29, in the City of Sanger, Denton County, Texas and being a part of a called 226.175 acre tract of land
described in a deed to Sanger Land Development, LLC, as recorded in Instrument Number 2004-1396, Real Property
Records, Denton County, Texas, the subject tract being more particularly described as follows;
COMMENCING at a capped z"iron rod stamped "KAZ" found at the Northeast corner of Lot 3, Block 8 of Sanger Circle,
Phase 1A, an addition to the City of Sanger, Denton County, Texas as recorded in Document Number 2014-282 of the
Plat Records of Denton County, Texas, and being in the South line of Sanger Circle Drive and being at the beginning of
a curve to the right having a radius of 200.00 feet and a chord bearing and distance of North 82 degrees 03 minutes 17
seconds East, 15.20 feet;
Thence along said curve and said Sanger Circle Drive an arc distance of 15.21 feet to a point for the POINT OF
BEGINNING and being at the beginning of a curve to the right having a radius of 200.00 feet and a chord bearing and
distance of North 87 degrees 49 minutes 33 seconds East, 25.07 feet;
Thence along said curve and said South line of Sanger Circle Drive an arc distance of 25.08 feet to a point for corner;
Thence South 88 degrees 35 minutes 11 seconds East with the South line of said Sanger Circle Drive a distance of
24.98 feet to a point for the Northeast corner of the herein described tract;
Thence South 01 degrees 24 minutes 49 seconds East with a distance of 18.85 feet to a point for the Southeast corner
of the herein described tract;
Thence North 88 degrees 35 minutes 11 seconds West a distance of 50.00 feet to a point for the Southwest corner of
the herein described tract;
Thence North 01 degrees 24 minutes 49 seconds East a distance of 17.29 feet to the PLACE OF BEGINNING and
enclosing 0.02 of an acre of land more or less.
ORDINANCE 05-10-15 EXHIBIT A
NOTE: Bearings shown hereon are referenced to the Texas Coordinate System of
1983, North Central Zone (4202), and are based on the North American Datum of 1983,
?011 Adjustment.
PAGE 1 OF 2
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1720 WESTMINSTER
DENTON, TX 76205
(940)382-3446
JOB NUMBER: 150115
DRAWN BY: D.B.R.
DATE: 2.16-2015
R.P.L.S,
KENNETH A. ZOLLINGER
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SANGER TRAILS, PHASE 2B
SANGER TRAILS, PHASE 2B
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1720 WESTMINSTER
DENTON, TX 16205
(940)382-3446
A\ JOB NUMBER: 140392 PH.iC
DRAWN BY: D.B.R.
y Y;�. DATE: 58.2015
SURVEYING R KENNETH A. ZOLLINGER
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:
May 18, 2015 Joseph D. Iliff, AICP
City Manager Reviewed/Approval Initials ��' Date
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ OTHER
AGENDA CAPTION
Consider, Discuss, and Possibly Take Action on the Final Plat for Sanger Circle 3, 2 Acres Located on
the West Side of Marion Road South of Sanger Circle Drive.
FINANCIAL SUMMARY
®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED
BACKGROUND/SUMMARY OF ITEM
The subject property is approximately 2 acres located west of Marion Road and south of Sanger Circle
Drive. In April 2014, the City Council zoned the subject property B-1 Business. In April 2015, the City
Council rezoned the property to 2F Two Family Residential, the same as the adjoining property to the
west. The applicant has submitted a plat to subdivide the property into six (6) lots.
The final plat would also incorporate abandoned right-of-way for the extension of Windmill Drive.
STAFF OPTIONS & RECOMMENDATION
Staff fords the plat to be in conformance with the requirements of the Subdivision Ordinance, and recommends
its approval.
List of Supporting Documents/Exhibits Attached:
• Final Plat
Prior Action/Review by Council, Boards, Commissions or Other
Agencies:
The Planning & Zoning Commission met on May 11,
2015 and unanimously recommended approval of the
proposed final plat.
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PROFESSIONAL SERVICES AGREEMENT
For
REAL PROPERTY ACQUISITION
SERVICES
STATE OF TEXAS §
COUNTY OF DENTON §
This AGREEMENT is made and entered into on this day of May, 2015, by and
between City of Sanger, Denton County Texas, hereinafter referred to as "The Client ", and
HRM LAND ACQUISITION SOLUTIONS, LLC, of Wimberley, Hays County, Texas,
hereinafter referred to as the "ROW Contractor."
WHEREAS, the City intends to acquire various easements or tracts of land within the boundaries
or extra territorial jurisdiction ("ETJ") of the CITY OF SANGER for the purposes of
constructing, operating, conducting, and maintaining city streets, utilities, and other public
facilities and operations thereon; said acquisitions being approved and fiinded by the CITY OF
SANGER (hereinafter referred to as the "Project or Projects"); in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (
commonly called the "Uniform Act"), (Title 49 CFR, Part 24) Senate Bill 18, the State of Texas,
Landowner's Bill of Rights enacted by the 82" `1 Legislature effective September 1, 2011; and the
Texas Department of Transportation Real Estate Acquisition Guide for Local Public Agencies
(LPA's).
WHEREAS, ROW Contractor has the necessary personnel and expertise to facilitate the
negotiations for the ROW Acquisitions to accomplish the purposes outlined above.
NOW THEREFORE, BE IT RESOLVED, that The Client and the ROW Contractor, in
consideration of the mutual covenants, conditions, and obligations contained herein, agree to the
performance of the professional services to be furnished by the ROW Contractor and the
payment for these services by The Client as hereinafter set forth.
SECTION I — STATEMENT OF WORD
The ROW Contractor will serve as The Client's professional consultant on all right of way and
land acquisition projects, which The Client deems applicable, and will give consultation and
advice to The Client during the performance of the ROW Contractor's services.
The ROW Contractor shall in the scope of its work, perform the BASIC SERVICES for the
Project assigned by The Client as outlined in EXHIBIT A of the work Authorization.
Acquisition is defined as any service outlined or related to the acquisition/transfer of property
rights, including but not limited to, title, appraising, acquisition, negotiating, purchase contract
execution, and closing.
A generally accepted definition of a "Parcel of Land" used in the Right of Way industry is: A
"parcel of land" is used to identify tracts or plots of land to be acquired as easements and/or right
of way for a project and is most often a portion of a larger or parent tract of land; such tracts may
be out of the same or different surveys, abstracts, or part of a legally subdivided tract, having
contiguous or common property lines, being under the same ownership, and having the same
highest and best use of purpose (unity of use).
For the purpose of administration of this AGREEMENT and for resolving technical matters, The
Client's Projects Manager, Neal Welch, is designated as the Contract Manager and will review
the ROW Contractor's handling of the negotiations for the ROW acquisitions on behalf of The
Client. The Contract Manager will coordinate all assignments and issue notices to proceed for
the various phases of the Project.
SECTION II — TERM
This AGREEMENT shall be effective upon the date of execution hereof and shall continue until
all professional ROW acquisition services have been completed for the Project, unless sooner
terminated pursuant to the provisions of SECTION IX of this AGREEMENT.
In some circumstances Administrative Settlements and Condemnations may require additional
time added to this timeline.
SECTION III — INFORMATION PROVIDED BY THE CLIENT
The Client shall provide the ROW Contractor the following information to assist the ROW
Contractor in its negotiation for tracts or parcels of land required for the Project.
A. Assurance of ROW Project Release and compliance with all County/State and
Federal requirements.
B. Provide Project Schematic identifying areas of new ROW acquisitions on aerial
photography to be used by Project Surveyor and all TEAM members of ROW
Contractor.
C. Pay the cost of preliminary title commitment and title insurance policies for all
parcels to be acquired.
D. Pay the cost of Appraisals and Review Appraisals and provide timely and final
approval for all appraisal values.
2
E, Provide timely reviews and approval of acquisition submissions.
F. Process and issue all checks for payment of approved purchase prices for each parcel
and incidental expenses involved in the transfer of property to the Client.
G. Any other future documentation, which may be reasonably required by ROW
Contractor to accomplish the services, required under this AGREEMENT.
SECTION IV — PERIOD OF SERVICE
The provisions of this Section and the rate of compensation for the ROW Contractor's service
provided for elsewhere in this AGREEMENT have been agreed to in anticipation of the orderly
and continuous progress of the Project. The BASIC SERVICES of the ROW Contractor, under
this AGREEMENT, will commence upon receipt of written authorization to proceed from The
Client, The period of service shall be identified in a work schedule to be developed with The
Client.
SECTION V — INDEPENDENT CONTRACTOR
A. The ROW Contractor's relationship to The Client is that of an independent contractor and
not that of an agent or employee of The Client. The ROW Contractor is not to be deemed
an employee of The Client, and the ROW Contractor shall not have or claim any right
arising from employee status. The ROW Contractor has the sole discretion to determine
the manner in which the services are to be performed. However, The Client retains the
right to exercise final judgment with respect to the ultimate development of the work
product and the responsibility for such development,
B. The ROW Contractor shall provide monthly status reports to the Contract Manager. The
status reports will be due the first week of each month, unless otherwise directed by the
Contract Manager. Any and all such information shall remain the property of The Client.
C, The Contract Manager, or a designated representative, will act on behalf of The Client
with respect to the work to be performed under this AGREEMENT. The Contract
Manager shall have complete authority to transmit instructions, receive information,
interpret and define the Clients policies and decisions with respect to services as outlined
in SECTION I — STATEMENT OF WORK of the AGREEMENT.
SECTION VI — COMPENSATION
For and in consideration of the services to be rendered by the ROW Contractor under this
Agreement, The client shall compensate the ROW Contractor for services provided under this
Agreement and identified in each Work Authorization on a time and materials basis, described as
follows:
A. THE CLIENT agrees, as described herein, to pay ROW Contractor the charges to the
Project. Such charges shall include: fees for ROW Contractor's professional and
technical staff for the time actually worked on the Project at the rates set out in each
Work Authorization; and direct expenses, including charges for reproduction,
transportation, meals and lodging, parking, long distance telephone, printing, maps
and photographs, field supplies, equipment rental, shipping, and other expenses
required for performance.
B. Invoices for services rendered shall be submitted every two weeks on the Project.
THE CLIENT agrees to pay all invoices in firll within thirty (30) calendar days after
receipt thereof by THE CLIENT.
C. The ROW Contractor will request THE CLIENT's written authorization for change in
services outside of the scope of the Basic Services described in EXHIBIT A. The
ROW Contractor will submit a written estimate of fees and obtain THE CLIENT's
authorization as set out in EXHIBIT D before initiating any additional services or
deleting previously authorized services.
SECTON VII — INSURANCE
ROW Contractor shall provide, at its own expense and maintain during the Term of this
AGREEMENT, insurance coverage covering ROW Contractor's activities in connection with
this AGREEMENT. Such insurance shall provide coverage of the nature and at least in the
amounts below indicated:
A. As to claims covered by Workers' Compensation, the amount of the statutory limits
for any state in which operations are to be performed and Employer's Liability
Insurance with limits of not less than $1,000,000.00,
B. Insurance upon each motor vehicle used by ROW Contractor in connection with the
work provided hereunder, providing public liability coverage as to such vehicle or
vehicles of not less than $1,000,000.00 for one injury and $500,000.00 for all
injuries, in one accident, and property damage coverage of not less than $100,000,00
applying to any one loss.
4
C. A comprehensive general liability policy providing bodily injury coverage, including
death, for not less than $1,000,000,00 as to each occurrence and $2,000,000.00
aggregate.
D. Professional liability insurance for not less than $1,000,000.00 as to each occurrence.
SECTION VIII — INSPECTION AND ACCEPTANCE
The Client shall have thirty (30) days from the date of completion of services and/or delivery of
the deliverables under this AGREEMENT to inspect the services and/or deliverables to
determine if they reasonably conform to this AGREEMENT. If The Client rejects any portion of
the services and/or deliverables, such rejection shall be made in writing within the above time
period and shall set forth the reasons for the rejection. Services and/or deliverables not rejected
by The Client, as described above shall be deemed to be accepted by The Client,
SECTION IX — 'TERMINATION AND/OR SUSPENSION OF WORK
A. Right of The Client to Terminate: The Client reserves the right to terminate this
AGREEMENT for any reason by issuing a signed, written notice of termination, which
teiinination shall take effect on the tenth (10"') day following ROW Contractor's receipt
of said notice.
B. Right of The Client to suspend, giving rise to right of the ROW Contractor to terminate:
The Client reserves the right to suspend this AGREEMENT for any reason by issuing a
signed written notice of suspension (citing this subsection) which will take effect upon
receipt of said notice by the ROW Contractor. The ROW Contractor is hereby given the
right to terminate this AGREEMENT if such suspension exceeds forty-five (45) days.
The Contractor may exercise its rights to terminate by issuing a signed, written notice of
termination (citing this subsection) to The Client, at any time after the effective
suspension date. Termination by the ROW Contractor shall be effective immediately
upon receipt of said notice by The Client.
SECTION X — EXEMPLARY AND CONSEQUENTIAL DAMAGES
Neither The Client nor the ROW Contractor shall be liable to the other for any incidental,
indirect, special, collateral, consequential, and exemplary or punitive damages arising out of or
related to the performance of this AGREEMENT.
SECTION XI — SURVIVING OBLIGATIONS
Certain obligations of the ROW Contractor relative to eminent domain proceedings or trial,
injunction proceedings, and legal actions for damages brought by an owner, shall survive the
expiration or sooner termination of this AGREEMENT. The surviving obligations of the ROW
Contractor shall include, but are not limited to, the following:
A. Providing reports of anticipated testimony;
B. Updating required reports as instructed by The Client;
C. Attending and participating in pre-trial conferences preparatory to trial; and
D. Testifying at special commissioners' hearings and at trial.
Because of the personal and professional nature of this AGREEMENT, the Contractor shall
provide in any contract with a third party, who assumes obligations under this AGREEMENT,
that such third party shall specifically assume the obligations of this Section.
SECTION XII — SEVERABILITY
If, for any reason, any one or more paragraphs of this AGREEMENT are held to be invalid, such
invalidity shall not affect, impair or invalidate the remaining paragraphs of this AGREEMENT,
but shall be confined in its effect to the specific section, sentences, clauses or parts of this
AGREEMENT held invalid, and the invalidity of any section, sentence, clause or part of this
AGREEMENT in any one or more instance shall not affect or prejudice in any way the validity
of this AGREEMENT in any other instance.
SECTION XIII — SUCCESSORS AND ASSIGNS
The Client and the ROW Contractor each bind itself, its successors and assigns to the other party
of the AGREEMENT in respect to all covenants of this AGREEMENT. Neither The Client nor
the ROW Contractor shall assign, sublet or transfer its interest in this AGREEMENT without the
express written consent of the other.
SECTION XIV — VENUE
The obligations and undertaking of each of the parties to this AGREEMENT shall be
performable in Denton County, Texas. This AGREEMENT shall be governed by and construed
in accordance with the laws of the State of Texas with venue to be in Denton County, Texas.
SECTION XV — NOTICE
Any notice to be given hereunder by either party to the other shall be in writing and may be
effected by personal delivery or by registered or certified mail, return receipt requested. Notice
to the parties shall be made to the following addresses:
TO THE CLIENT: City of Sanger
Attn: Neal Welch
Publics Works Director
201 Bolivar St.
Sanger, Texas 76266
Telephone No.: (940) 458-2571
Email: nwelch@sangertexas.org
TO ROW CONTRACTOR: HRM Land Acquisition Solutions, LLC
Attn: H. Rene Moulinet Jr., President
15401 RR12, Suite 107
Wimberley, Texas 78676
Telephone No.: (512) 353-1075
Email: rene@lumrow.com
Either party may change the address for notice to it by giving written notice of such change to
the other party in accordance with the provisions in this Section.
SECTION XVI - ENTIRE CONTRACT
This AGREEMENT represents the entire and integrated AGREEMENT between The Client and
the ROW Contractor and supersedes all prior negotiations, representations, or agreements, either
oral or written. This AGREEMENT may be amended only by written instrument signed by The
Client and ROW Contractor.
IN TESTIMONY WHEREOF, witness our hands this the day of May, 2015.
ROW C NTRACTOR
B
H. Rene Moulinet Jr., President
HRM Land Acquisition Solutions, LLC
City of Sanger
Mike Brice, City Manager
City of Sanger, Texas
WORD AUTHORIZATION No. 1
Date:_ 2015
Project Name: McReynolds Road Widening Project- From Ranger Creek Rd. to FM 2164
Date of Agreement: 2015
This Work Authorization is made pursuant to the terms and conditions of the Agreement entered
into by and between The City of Sanger, a municipal corporation, and situated in Denton County,
Texas, ("The Client") and HRM Land Acquisition Solutions LLC of Wimberley, Hays County,
Texas ("The ROW Contractor ").
1. O, CONTRACTOR:
HRM Land Acquisition Solutions, LLC
City of Sanger
15401 Ranch Road 12, Suite 107
201 Bolivar St
Wimberley, TX 78676
Sanger, TX 76266
Attn: Rene Moulinet, Jr.
Attn: Mike Brice
President
City Manager
2. SCOPE OF SERVICES
The Contractor shall perform the Basic Services outlined in EXHIBIT A, herein in accordance
with the Agreement and directed in writing by The Client,
3. ESTIMATED FEE SCHEDULE as outlined in EXHIBIT B.
4. RATE SCHEDULE as outlined in EXHIBIT C.
5. AUTHORIZATION OF CHANGE IN SERVICES as outlined in EXHIBIT D.
The ROW Contractor shall perform the Basic Services outlined in Section 3 herein, and will be
delivered to the Client, approximately (4) Months after receipt of this fully executed Work
Authorization Contract in accordance with the Agreement and directed in writing by the Client,
for the following Parcels as itemized on the Right of Way Exhibit Map provided by Pacheco
Koch Engineering:
HRM La Sl'�equisition Solutions, LLC
Y
Printed Name: H. Rene Moulinet Jr.
Title: /President
Date:
City of Sanger
Printed Name: Mike Brice
Title: City Manager
Date:
Services to be provided by ROW Contractor
The ROW Contractor shall perform the Basic Services outlined in Section 2 herein, and will
be delivered to the Client, approximately (4) Months after receipt of this fully executed
Work Authorization Contract in accordance with the Agreement and directed in writing by the
Client, for the following Parcels as itemized on the Right of Way Exhibit Map & Field Notes
provided by Pacheco Koch Engineering:
Slope Easements to be acquired: (16) - N2, N9 and S3, S4, S5, S6, S9, S 13,
S 14, S 16, S 17, S 19, S20, S21, S22, S23,
Drainage Easements to be acquired: (9) - Dlb, D3, D5, D6, D6b, D6c,D6d,
D10.
Number of band Owners: Thirteen (13) Land Owners
1. Project Administration
A. Communication
(1) Provide monthly summaries of project expenses including amounts authorized,
amounts paid and budget forecasting.
(2) Maintain current status reports including contact reports of all parcel and project
activities and provide monthly.
(3) Prepare initial property owner contact list for use by THE CLIENT in distribution
of ROW Contractor introduction letters.
B. File Management
(1) Project and parcel files will be kept in ROW Contractor's office.
(2) Prepare invoices utilizing ROW Contractor's standard payment submissions
forms with supporting documentation.
(3) Maintain records of all payments including check number, amount, and date paid,
etc.
(4) Maintain copies of all correspondence and contacts with property owners.
C. Meetings
(1) Participate in project review meetings on a monthly basis.
2. 'Title Review Services
A. The contractor will research, examine and obtain the necessary public records to
determine land ownership, including the name and address of owners.
3. Negotiation Services
A. Set up permanent files containing negotiation records on the Project during the
process of the work, which includes negotiators reports, copies of written
correspondence, and other pertinent documentation.
B. The contractor will establish value for each easement parcel, without appraisal,
based on a formula approved by and the ROW Contractor using the current
Appraisal District Valuation.
C. Provide owner(s) a notice of intent to purchase the property, and a written offer to
purchase the required parcel. The offer shall be the value approved as just
compensation by the Contract Manager.
D. Negotiate in good faith with all property owners for all parcels of land designated
to be acquired, either by purchase or by donation, for the Project.
E. Make a diligent effort to contact each owner or owner's representative to discuss
the offer and terms of acceptance, the Project's potential effect on the property,
and any other issues or concerns an owner may have related to the negotiation and
acquisition process.
F. In the event the ROW Contractor cannot reach a negotiated agreement to acquire
a tract or parcel of land with a property owner, the ROW Contractor will obtain an
appraisal on the property from an Appraiser selected by the ROW Contractor at
THE CLIENT expense. Upon ROW Contractor's receipt of the appraisal, the
ROW Contractor will negotiate with an owner based on the value determined by
the appraisal. If negotiations fail, the ROW Contractor shall recommend to THE
CLIENT the initiation of proceedings in eminent domain. THE CLIENT reserves
the right to request that the ROW Contractor terminate negotiations with an
owner, should THE CLIENT feels it is in THE CLIENT's best interest to do so
G. If required by THE CLIENT, send property owner(s) and any legal
representatives a final offer letter (via Certified Mail, return receipt requested)
which accurately reflects THE CLIENT final offer to purchase the required
easement interest in the tract or parcel.
1-I. Provide to THE CLIENT a complete negotiation file for each parcel, to consist of
copies of all pertinent negotiation file information.
4. Closing Services
A. Attempt to secure each owner's signature on all documents such as easements,
conveyances and tenant consents.
B. Obtain updated title information along with other forms and certified copy of the
instrument of conveyance necessary when requesting the Parcel Payment from
THE CLIENT.
C. The ROW Contractor shall record all original instruments immediately after
closing at the respective County Clerk's Office, including donations (Recording
fees to be paid by The Client).
The following tasks are not included on this proposal and will be billed at a Per/Parcel Cost
on an as needed basis utilizing a Change Order bequest to this Work Authorization:
5. Appraisal Coordination Services
A. If required, the ROW Contractor shall arrange for the services of State -Certified
appraiser, who will furnish an appraisal report at THE CLIENT expense that
establishes the fair market value of a parcel from which a fair offering price for
land and improvements may be determined.
B. The ROW Contractor shall submit a copy of each appraisal to THE CLIENT for
review and approval of value, prior to making the final written offer to the
property owner.
6. Condemnation Support Services — (Additional task, if required)
The Client Attorney will be responsible for all matters requiring legal opinions, litigation,
or legal interpretation regarding acquisition, unless otherwise authorized in writing. The
ROW Contractor agrees to work with The Client Attorney, or other assigned counsel,
when legal matters are to be addressed. If required, the Contract manager and the ROW
Contractor will:
A. Recommend the institution of proceedings in eminent domain against a landowner
after all good faith negotiation efforts have failed.
B. Advise The Client Attorney, as needed, on any recommendation for the initiation
of proceedings in eminent domain.
Estimated Fee Schedule
THE MAXIMUM AMOUNT PAYABLE FOR BASIC SERVICES UNDER WORD
AUTHORIZATION NO. 1 WITHOUT MODIFICATION IS AS FOLLOWS:
Estimated Budget for Negotiating with (13) Landowners consisting of (16) Slope Easement Parcels
and (5) Drainage Easements. To include Temporary Construction Easements, if necessary, along
the acquired easements.
Work Product Per Parcel Cost Services for Parcels
TASK 1— PROJECT ADMINISTRATION $650 x 13 = $ 8,450
TASK 2 —TITLE SERVICES (per Parcel) $150 x 14 = $ 2,100
TASK 3 — NEGOTIATION SERVICES $2,100 x 13 = $ 27,300
TASK 4 — CLOSING SERVICES $100 x13 = $ 1,300
Subtotal — Task: $ 39,150
Estimated Reimbursable Expenses:
Travel/ Mileage — (IRS Rates, @ $0.565/ mi.) $ 3,075
Copying/Printing/Plotting/Postage $ 800
Subtotal — Expenses: $ 3,875
Total $43,025
Recording Fees to be billed at cost and reimbursed by The Client.
The following task will be billed at the followinj4 cost, Dlus expenses (if needed):
TASK 5 — APPRAISAL COORDINATION SERVICES $350 per parcel
TASK 6 — CONDEMNATION SUPPORT SERVICES $825 per parcel
5
o . I
Fees shall be billed on a direct hourly basis at the following 2015 rates•
CLASSIFICATION
Per Hour Rate
Project Manager/Principal
$120.00 per hour
Sr. Acquisition Agent/Title Attorney
$112.00 per hour
ROW Agent
$ 99.75 per hour
Administrative Specialist
$ 75.00 per hour
Secretarial/Clerical
$ 55.00 per hour
The above hourly rates shall remain in effect through the end of the current year. An adjustment
of 5% will be made to the fee schedule to reflect those rates to be charged during any subsequent
year. This procedure shall be repeated at the end of each calendar year.
AUTHORIZATION OF CHANGE IN SERVICES
For
THE CITY OF SANGER
I
CONTRACTOR: HRM Land Acquisition Solutions, LLC
CHANGE AUTHORIZATION NO:
ORIGINAL CONTRACT DATE:
DATE OF CHANGE:
WORK TO BE ADDED FROM SCOPE OF SERVICES
Work to be Added:
Total Estimated Net Increase/Decrease in Cost: $
Previous Contract Amount: $
Net Increase/decrease in contract amount: $
Revised contract amount: $
Requested by:
By:
Name:
Title:
Approved by:
By:
Name•
Title:
Date: 2015
Date: , 2015
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