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11/16/2015-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, NOVEMBER 16, 2015 7900 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: November 2, 2015 -Work Session November 2, 2015 - City Council b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Ordinance #11-23-15 -Amending Chapter 12, Article 12.500, Section 12.505 Special Speed Limits, 6. Consider, Discuss and Possibly Approve Ordinance #11-24-15 —Amending Chapter 6, Article 6.500, Section 6.507 Placement and Removal of Containers for Pick-up. 7. Consider, Discuss and Possibly Approve Resolution #Rl1-14-15 - For a Low Income Housing Tax Credit Program for MWF Properties. 8. Consider, Discuss and Possibly Approve Resolution 441Dl1-15-15 - For a Low Income Housing Tax Credit Program for Stoneleaf Properties. 9. Consider, Discuss and Possibly Approve the City Manager to Cancel the Consultant Services Agreement with LNV for the Design of Water Wells. 10. Consider, Discuss and Possibly Approve an Agreement With Eikon for Engineering Services on the Presbyterian Church in the Amount of $9,000. 11. Consider, Discuss and Possibly Approve an Agreement Concerning Retail Water Utility Service Areas. 12. INFORMATION ITEMS: a) All American Dog Report — October 2015 b) Sanger Chamber Report — November 2015 c) ATMOS Energy Statement of Rider GCR 13. 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 .m. and shall LL remain posted until meeting is adjourned+,uuir,,,,,, ea U 19('�, Tami Taber, City Secretary City of Sanger, Texas �. PX This facility is wheelchair accessible and accessible parl�ing 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) 45&7930 for further information. MINUTES: CITY COUNCIL WORKSESSION November 2, 2015 PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell, Councilman Russell Martin, Councilman Gary Bilyeu, Councilman David Clark and Councilman Allen Chick OTHERS PRESENT: City Manager Mike Brice, Tami Taber City Secretary, Christy Punches Court Clerk, Annie McGinnis, Blake Willison and Jason Alford Sr. 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:02 p.m. 2. Presentation by MWF Properties on Affordable Housing. This item was rescheduled for the next meeting. 3. Presentation by Christy Punches, Municipal Court Clerk. Christy Punches has been with the City of Sanger for 19 years, she is a Level III court clerk and the other court clerk is a Level II in the Texas Municipal Court Clerks Certification Program. Court is held 3 times per month and she advised that an average of 35 tickets are written per month compared to 125450 in past years. 4. Overview of Items on Regular Agenda. 5. Adjourn. Mayor Muir adjourned the meeting at 6:43 p.m. MINUTES: CITY COUNCIL MEETING November 2, 2015 PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell, Councilman Russell Martin, Councilman David Clark, Councilman Gary Bilyeu and Councilman Allen Chick OTHERS PRESENT: City Manager Mike Brice, Tami Taber City Secretary, Annie McGinnis and Blake Willison 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Martin 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: October 19, 2015 —Work Session October 19, 2015 — City Council b) Disbursements c) Approve Appointing Alicia Metcalf to the Parks Board — Place 5 Councilman Bilyeu made a motion to approve. Seconded by Councilman Boutwell. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Resolution #Rl1-13-15 —Support of State Wide Proposon 7 for Increased State Funding for Transportation. Councilman Martin made a motion to approve. Seconded by Councilman Boutwell. Motion carried unanimously. 6. Consider, Discuss and Possibly Approve a Request for use of Alternative Exterior Building Materials and/or Design for a Proposed Addition to an Existing Dwelling at 611 S. 3rd Street. No action taken. The applicant withdrew his request. 7. Consider, Discuss and Possibly Approve Authorizing the City Manager to Cancel Task Order 3R for the 2nd to 5t" Street, 6" Sanitary Sewer Replacement Project. City Manager advised that the engineer is leaving the firm and hasn't done much work on the project so it will be rebid in March or April. Councilman Martin made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 8. INFORMATION ITEMS: a) Sanger Chamber Report 9. Adjourn. Mayor Muir adjourned the meeting at 7:17 p.m. "i: u1144 Keguldl edylftelms ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK END^'""' NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT i VOIli VOID CHECK V 11/04/2015 061366 **VOID** VOID* VOID CHECK V 11/04/2015 061376 **VOID** VOID* VOID CHECK V 11/04/2015 061413 **VOID** VOID* VOID CHECK V 11/04/2015 061414 **VOID** VOID* VOID CHECK V 11/04/2015 061425 **VOID** VOID* VOID CHECK V 11/04/2015 061426 **VOID** VOID* VOID CHECK V 11/04/2015 061427 **VOID** VOID* VOID CHECK V 11/04/2015 061428 **VOID** 7860 ACT PIPE SUPPLY, INC I-112251 ACT PIPE SUPPLY, INC R 11/04/2015 232.84CR 061360 I-114576 ACT PIPE SUPPLY, INC R 11/04/2015 19.40CR 061360 I-114577 ACT PIPE SUPPLY, INC R 11/04/2015 128.15CR 061360 380.39 5230 ADH MARKETING I-3676 SUPERCELL BATTERY R 11/04/2015 365,OOCR 061361 365.00 5070 ALL AMERICAN DOGS INC I-2384 ALL AMERICAN DOGS INC R 11/04/2015 31400.00CR 061362 31400*00 8580 AMIGOS LIBRARY SERVICES I-262243 TEXPRESS R 11/04/2015 21247.00CR 061363 21247,00 2610 ANIXTER POWER SOLUTIONS LLC I-2983868-00 PADMOUNT TRANSFORMER R 11/04/2015 300.00CR 061364 '-3009072-00 SUPPLY R 11/04/2015 11692.45CR 061364 1,992.45 2620 ARAMARK UNIFORM SERVICE I-1155894752 ARA14ARK UNIFORM SERVICE R 11/04/2015 30474CR 061365 I-1155894753 ARAMARK UNIFORM SERVICE R 11/04/2015 8.46CR 061365 I-11SS894754 ARAMARK UNIFORM SERVICE R 11/04/2015 56491CR 061365 I-1155894755 ARA14ARK UNIFORM SERVICE R 11/04/2015 36.41CR 061365 I-1155905831 ARAMARK UNIFORM SERVICE R 11/04/2015 30s74CR 061365 I-1155905832 ARAMARK UNIFORM SERVICE R 11/04/2015 8.46CR 061365 I-1155905833 ARA14ARK UNIFORM SERVICE R 11/04/2015 56.91CR 061365 I-1155905834 ARAMARK UNIFORM SERVICE R 11/04/2015 36.41CR 061365 I-1155917001 ARA14ARK UNIFORM SERVICE R 11/04/2015 30a74CR 061365 I-1155917002 ARA14ARK UNIFORM SERVICE R 11/04/2015 8.46CR 061365 I-1155917003 ARA14ARK UNIFORM SERVICE R 11/04/2015 56.91CR 061365 I-1155917004 ARA14ARK UNIFORM SERVICE R 11/04/2015 36,41CR 061365 I-1155928024 ARP14ARK UNIFORM SERVICE R 11/04/2015 31.04CR 061365 I-1155928025 ARAMARK UNIFORM SERVICE R 11/04/2015 4.62CR 061365 I-1155928026 ARAMARK UNIFORM SERVICE R 11/04/2015 116,69CR 061365 I-1155928027 ARAMARK UNIFORM SERVICE R 11/04/2015 33.13CR 061365 583.04 ALL: VI144 heguiar edymenrs ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT ENq�` NAP4E / I.D. 246u AT&T MOBILITY I-9/23/15-10/22/15 1550 ATMOS I-10/26/15 DESC AT&T MOBILITY ATMOS 1790 BETSY ROSS FLAG GIRLS,INC I-823429-D FLAGS 1250 BILL GEORGE PLUMBING I-955884 BILL GEORGE PLUMBING CHECK CHECK TYPE DATE R 11/09/2015 R 11/09/2015 R 11/09/2015 R 11/09/2015 0390 BILL UTTER FORD, INC. I-151613 BILL UTTER FORD, INC. R 11/04/2015 0920 BOUND TREE MEDICAL, LLC I-81932852 EMS DfEDICAL SUPPLIES R 11/09/2015 I-81936846 EMS MEDICAL SUPPLIES R 11/04/2015 I-81938141 EMS MEDICAL SUPPLIES R 11/04/2015 I-81938142 EMS MEDICAL SUPPLIES R 11/04/2015 I-81939488 EMS MEDICAL SUPPLIES R 11/04/2015 5690 BWI CODIPANIES, INC I-13285448 I-13285487 6350 C & G ELECTRIC, IPIC I-28222 I-28487 I-28566 230� :CARD SERVICE CENTER [-013036 I-100130882036 I-1039 I-1350678 I-1350681 I-1350683 I-1350691 I-1350701 I-2015-10-29 I-201510155692 I-201510195701 I-201510195703 I-201510215713 I-213693 I-217415 I-735 I -AMAZON 9/30/15 CHEt4ICALS & fERTILIZERS R 11/04/2015 CHEP4ICALS & fERTILIZERS R 11/09/2015 REPAIR P@SP WELL PUMP @ UTILITY C & G ELECTRIC, INC CARD SERVICE CENTER REGISTRATION CHEVY CAPRICE CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER CARD SERVICE CENTER TRACK #4 TRACK # 5 CPM CARD SERVICE CENTER BOOKS DVDS R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 CHECK DISCOUNT AMOUNT NO# 762.22CR 061367 42.52CR 061368 1,120.000R 061369 340.000R 061370 211.O1CR 061371 1,932.39CR 061372 60.85CR 061372 92.95CR 061372 90400CR 061372 148.38CR 061372 3,150.00CR 061373 2,301.32CR 061373 315.72CR 061374 1,S18.000R 061379 501.36CR 061374 4.78CR 061375 15.25CR 061375 86.000R 061375 54.50CR 061375 44.50CR 061375 54.25CR 061375 54.50CR 061375 59.50CR 061375 21.80CR 061375 19.79CR 061375 441,45CR 061375 119.70CR 061375 99.88CR 061375 280.000R 061375 1,190w00CR 061375 9.99CR 061375 68.98CR 061375 CHECK AMOUNT 762,22 GP#iL'a 1,120.00 340.00 2,324.57 5,451.32 2,335.08 2,614.87 Ani: Uiiea KeyUlar eaymecic8 ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK ENDr- a NP14E / I.D. DESC TYPE DATE 041(1 CARE NOW CORPORATE I-957604 CARE NOW CORPORATE R 11/04/2015 4790 CENTER POINT LARGE PRINT I-1321946 RENEWAL OF STANDING ORDER R 11/04/2015 0600 CITY OF SANGER I-9/18/15-10/17/15 CITY OF SANGER D 11/04/2015 9560 CLAYTON GRAY I-201511045752 CLAYTON GRAY R 11/04/2015 1100 COLE14AN LAW FIRM I-201510295743 OCTOBER-MUNICIPAL PROSECUTOR R 11/04/2015 9550 COMMUNITY MATTERS, INC. I-30249 AD IN 2015 R 11/04/2015 9520 CORY MILLER DRILLING I-201511025749 2 WATER WELLS R 11/04/2015 0800 COSERV ELECTRIC I-9/16/15-10/16/15 COSERV ELECTRIC R 11/04/2015 8180 D&➢ COMMERICAL LANDSCAPE MANAGEMENT I-11828 CONTRACT MOWING R 11/04/2015 0710 DATA BUSINESS FORMS INC. I-104894 DATA BUSINESS FOP14S INC. R 11/04/2015 8460 DELL COMPUTERS, LLP I-XJT29NN37 OPTIPLEX 9020 MINI TOWER R 11/04/2015 2740 DENTON COUNTY AUDITOR I-16-0009 DENTON COUNTY AUDITOR R 11/04/2015 8190 DEPARTMENT OF INFORMATION RESOURCE I-16091033N DEPARTMENT OF INFORMATION RESO R 11/04/2015 6920 DISCOUNT TROPHIES I-201510295745 TROPHIES FOR FISHING DERBY R 11/04/2015 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT 35.00CR 061377 35,00 999.99CR 061378 499.99 36,028.72CR 000000 36,028.72 588.19CR 061379 588.19 600.00CR 061380 600.00 1,875.00CR 061381 1,875.00 72,993.25CR 061382 72,993.25 2,783.69CR 061383 2,783.69 1,185.79CR 061384 1,185.79 53.SOCR 061385 53.50 1,499.70CR 061386 1,499.70 500.00CR 061387 500.00 33.04CR 061388 33.04 28.50CR 061389 28.50 nni: u1144 Keyuldx edymencs ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ENP' NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 7640 DOLLAR GENERAL - CHARGED SALES I-1000459714 DOLLAR GENERAL - CHARGED SALES R 11/04/2015 46.2OCR 061390 46.20 0920 ELLIOTT ELECTRIC I-19-04635-01 ELLIOTT ELECTRIC R 11/04/2015 438.04CR 061391 438.04 8070 EPP, CINDY I-201510265737 YOGA INSTRUCTION R 11/04/2015 160400CR 061392 160.00 9280 FARO TECHNOLOGIES, I-90046894 INC, SOFTWARE R 11/04/2015 659.00CR 061393 659.00 3010 FIVE STAR SUPPLY I-5068 CO INC. JUMBO TISSUE CENTER PULL PAPER R 11/04/2015 130.90CR 061394 130.90 8790 FUELMAN I-NP45666655 FUELMAN R 11/04/2015 1,877.78CR 061395 I-NP45809651 10/26/15-11/l/15 R 11/04/2015 11795.87CR 061395 3,673.65 1070 GALLS INC. I-004152142 UNIFORMS R 11/04/2015 65.13CR 061396 I-004152256 UNIFORMS R 11/04/2015 69.99CR 061396 I-004205252 I-004256800 I-004294199 GALLS INC. GALLS INC. GALLS INC. R R R 11/04/2015 11/04/2015 11/04/2015 586.63CR 133.13CR 103.5OCR 061396 061396 061396 I-004296492 GALLS INC, R 11/04/2015 28.39CR 061396 986.77 6860 GRAINGER I-9874374292 SAFETY VESTS FOR PARK VOLUNTEE R 11/04/2015 288.72CR 061397 288.72 8760 GT DISTRIBUTORS INC .I-0551803 GT DISTRIBUTORS INC R 11/04/2015 161.33CR 061398 161.33 5050 HELENA CHEMICAL COMPANY I-193016044 HELENA CHEMICAL COMPANY R 11/04/2015 524.30CR 061399 524.30 7750 HOME DEPOT CREDIT SERVICES I-682721 HOME DEPOT CREDIT SERVICES R 11/04/2015 60.47CR 061400 60.47 1220 IRBY TOOL & SAFETY I-5009187760.002 SUPPLIES R 11/04/2015 11004.50CR 061401 I-5009187760.003 SUPPLIES R 11/04/2015 41341.30CR 061401 I-S009176028.001 SUB -SURFACE CONNECTOR R 11/04/2015 672.40CR 061401 I-S009187760.001 SUPPLIES R 11/04/2015 101.70CR 061401 I-S009187760.004 SUPPLIES R 11/04/2015 11460400CR 061401 7,579.90 A ni: VI/HH ttegUldledyl(L3f1LS ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK ENP NAME / I.D. DESC TYPE DATE t 9530 JD MORRISON I-162966 JD MORRISON R 11/04/2015 8640 JUSTIN'S FARM & RANCH SERVICES I-201510195700 JUSTIN'S FARM & RANCH SERVICES R 11/04/2015 7800 KELLEY SAND & EXCAVATION I-6980 FLOWABLE FILL I-7004 PLOWABLE FILL I-7020 KELLEY SAND & EXCAVATION 8210 KWIK KAR I-41332 7060 LEAD 11 EXCELLENCE I-10202015SFD 6260 LIBRARY IDEAS, LLC I-46201 STATE INSPECTION LEAD 11 EXCELLENCE RENEWAL OF MUSIC 1570 LOWE'S COMPANIES, INC. I-67995 LOWE'S COMPANIES, INC I-98648 LOWE'S COMPANIES, INC 9590 MICHAEL ULLAfAN I-099699 MICHAEL ULLMAN 9500 NAPA AUTO PARTS I-201510195707 NAPA AUTO PARTS I-434298 NAPA AUTO PARTS I-435359 NAPA AUTO PARTS 57, 'iTATIONAL RECREATION & PARK ASSOCIATION I-156229 NRPA MEMBERSHIP 8690 O'REILLY TO PARTS C-1959-238030 C-240438 C-240440 I-1959-235858 I-1959-236012 I-1959-236189 I-1959-236646 I-1959-237910 I-1959-237955 I-1959-238857 I-1959-39326 I-236309 I-236310 I-236517 I-237381 I-237547 O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS AIR FILTER AND RECHARGE KIT O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS O'REILLY AUTO PARTS R 11/09/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/09/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/09/2015 R 11/09/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 CHECK DISCOUNT AMOUNT N04 17,98CR 061902 600.000R 061403 1,446.000R 061409 723.000R 061404 822,OOCR 061404 7.000R 061405 648.000R 061406 1,509.000R 061407 236.55CR 061408 88.78CR 061408 100.000R 061909 47.76CR 061910 198.000R 061910 136,92CR 061410 165.000R 061411 10.00 061412 150.00 061912 36.00 061412 4.56CR 223.23CR 061412 0.32CR 15.65CR 061412 0.4OCR 19.57CR 061412 0.72CR 35.22CR 061412 2.7OCR 132.14CR 061412 3,44CR 168.39CR 061412 2,24CR 109.73CR 061412 0.65CR 31.63CR 061412 1.19CR 58.45CR 061412 0.64CR 31.31CR 061412 1.56CR 76,38CR 061412 1.33CR 65.09CR 061412 0.28CR 13.72CR 061412 CHECK AT90UNT 600.00 2,991.00 7.00 648.00 1,504.00 325.33 100.00 [eRY�[11 165.00 r.ni: uirvv Kegerar eayiuenCs ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK END"'•.NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# I-237715 O'REILLY AUTO PARTS R 11/04/2015 0.32CR 15.46CR 061412 I-239008 O'REILLY AUTO PARTS R 11/04/2015 2.O1CR 98.26CR 061412 I-239204 O'REILLY AUTO PARTS R 11/04/2015 19.44CR 707s79CR 061412 I-239226 O'REILLY AUTO PARTS R 11/04/2015 0.53CR 25.78CR 061412 I-239228 O'REILLY AUTO PARTS R 11/04/2015 0.98CR 23.39CR 061412 I-239293 O'REILLY AUTO PARTS R 11/04/2015 0.09CR 9.16CR 061412 I-239361 O'REILLY AUTO PARTS R 11/04/2015 0.33CR 16.37CR 061412 I-239554 O'REILLY AUTO PARTS R 11/04/2015 1.47CR 71.99CR 061412 I-239770 O'REILLY AUTO PARTS R 11/04/2015 9.O1CR 196.53CR 061412 I-240261 O'REILLY AUTO PARTS R 11/04/2015 2.00CR 97.99CR 061412 I-240265 O'REILLY AUTO PARTS R 11/04/2015 9.96CR 488.02CR 061412 I-240444 O'REILLY AUTO PARTS R 11/04/2015 0.64CR 31.59CR 061412 I-240445 O'REILLY AUTO PARTS R 11/04/2015 0.05CR 2.23CR 061412 2970 OFFICE DEPOT I-789516601003 TONER -- OFFICE SUPPLIES R 11/04/2015 117.98CR 061415 I-799742580001 SOAP & CLEANER R 11/04/2015 60.46CR 061415 I-799742900001 PAPER TOWELS R 11/04/2015 38.99CR 061415 I-801242933001 OFFICE DEPOT R 11/04/2015 97.99CR 061415 I-801297270001 OFFICE SUPPLIES R 11/04/2015 67.69CR 061415 I-801896910001 OFFICE SUPPLIES R 11/04/2015 33.00CR 061415 I-801897086001 OFFICE SUPPLIES R 11/04/2015 7.76CR 061415 I-802608549001 OFFICE DEPOT R 11/04/2015 61.76CR 061415 I-802608632001 OFFICE DEPOT R 11/04/2015 11.99CR 061415 5830 PACHECO KOCH, LLC I-33733 PACHECO KOCH, LLC R 11/04/2015 51513.00CR 061416 I-33734 PACHECO KOCH, LLC R 11/04/2015 31308.00CR 061416 I-33735 PACHECO KOCH, LLC R 11/04/2015 31308.00CR 061416 I-33736 PACHECO KOCH, LLC R 11/04/2015 11654.00CR 061416 I-33737 PACHECO KOCH, LLC R 11/04/2015 21235.00CR 061416 926 ?ATHMARK TRAFFIC PRODUCTS OF TEXAS,INC. I-014388 PATHMARK TRAFFIC PRODUCTS OF T R 11/04/2015 996.80CR 061417 1690 PITNEY BOG]ES - RESERVE ACCOUNT I-201510215708 PITNEY BOWES - RESERVE ACCOUNT D 11/04/2015 300.06CR 000000 9160 PYLES WHATLEY CORPORATION I-15-525 APPRAISAL PARCELS S4 & D3 R 11/04/2015 2,050,OOCR 061918 I-15-526 APPRAISAL REPORT PARCEL S5 R 11/04/2015 11125.00CR 061418 CHECK AMOUNT 2,569,07 497.62 16,018.00 996.80 300.06 3,175.00 nni: u)1H9 tteyular raymeucs ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK END' '.,NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 AMOUNT 6900 RED THE UNIFORM TAILOR I-OOG7166 FIRE FIGHTER UNIFORMS R 11/04/2015 365.77CR 061419 365.77 2170 REINERT PAPER & CHEMICAL, INC. I-336812 REINERT PAPER & CHEMICAL, INC. R 11/04/2015 114.92CR 061420 114.92 9420 SAMANTHA SPRINGS BOTTLING I-277010 SAMANTHA SPRINGS BOTTLING R 11/04/2015 2.90CR 061421 2.90 7750 SAMANTHA SPRINGS BOTTLING I-201511035751 ANNUAL CONTRACT R 11/04/2015 88.68CR 061422 I-21506 SAMANTHA SPRINGS BOTTLING R 11/04/2015 7.90CR 061422 96.58 9400 SAMANTHA SPRINGS BOTTLING I-262884 SAMANTHA SPRINGS BOTTLING R 11/04/2015 8.90CR 061423 8.90 5020 SANGER HARDWARE I-201510225719 SANGER HARDWARE R 11/04/2015 15.98CR 061424 I-A73754 PAINT TOOL, BENT CHISEL R 11/04/2015 10.98CR 061424 I-A73760 SUPPLIES R 11/04/2015 31.27CR 061424 I-A73765 SUPPLIES R 11/04/2015 3.37CR 061424 I-A73769 SUPPLIES R 11/04/2015 9.73CR 061424 I-A73797 SUPPLIES R 11/04/2015 4.98CR 061424 I-A73800 SUPPLIES R 11/04/2015 2.98CR 061424 I-A73803 SUPPLIES R 11/04/2015 10.95CR 061424 I-A73875 GLUE R 11/04/2015 6.99CR 061424 I-A73878 CORNER BRACE R 11/04/2015 3.56CR 061424 I-A74271 HAND WIRE CLA14P R 11/04/2015 13.99CR 061424 I-A74276 MISC SUPPLIES R 11/04/2015 28.99CR 061424 I-A74336 SANGER HARDWARE R 11/04/2015 13.47CR 061424 I-A74356 SANGER HARDWARE R 11/04/2015 17.79CR 061424 I-A74365 SANGER HARDWARE R 11/04/2015 10.99CR 061424 -A74481 SANGER HARDWARE R 11/04/2015 20.48CR 061424 I-A74790 SANGER HARDWARE R 11/04/2015 9.99CR 061424 I-A74891 SANGER HARDWARE R 11/04/2015 7.46CR 061424 I-A75245 SANGER HARDWARE R 11/04/2015 1.78CR 061424 I-A75267 SANGER HARDWARE R 11/04/2015 64.47CR 061424 I-A75290 SANGER HARDWARE R 11/04/2015 11.24CR 061424 I-A75425 MISC PARK SUPPLIES R 11/04/2015 29.95CR 061424 I-A75463 FASTENERS R 11/04/2015 4.17CR 061424 I-A75465 FASTENERS R 11/04/2015 4.38CR 061424 I-A75471 MISC, PARK SUPPLIES R 11/04/2015 36.96CR 061424 I-A75472 MISC PARK SUPPLIES R 11/04/2015 17.38CR 061424 I-A75748 SANGER HARDWARE R 11/04/2015 79.96CR 061424 I-A75752 PAINTING SUPPLIES R 11/04/2015 25.34CR 061424 I-A75849 MISC PARK SUPPLIES R 11/04/2015 24.56CR 061424 I-A76009 FOUNTAIN INSTALL SUPPLIES R 11/04/2015 331.63CR 061424 I-A76058 FOUNTAIN INSTALL SUPPLIES R 11/04/2015 2.59CR 061424 I-A76066 FOUNTAIN INSTALL SUPPLIES R 11/04/2015 2.76CR 061424 I-B28550 1X1/2 BLACK R 11/04/2015 2.39CR 061424 I-B28573 MISC SUPPLIES R 11/04/2015 9.75CR 061424 I-B28580 ZIP TIE/ TAPE R 11/04/2015 23.94CR 061424 nri: uiiev neyuidiedy¢ieftES ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT END " '.. NAME / I. D. DESC I-B28793 SANGER HARDWARE I-B28797 MISC PAINTING SUPPLIES I-B28828 SANGER HARDWARE I-B28839 SANGER HARDWARE I-B28969 SANGER HARDWARE I-B29068 SANGER HARDWARE I-B29070 SANGER HARDWARE I-B29451 UTILITY KNIFE I-B29453 SANGER HARDWARE I-B29973 MISC PARK SUPPLIES I-B29536 FOUNTAIN INSTALL SUPPLIES I-B29548 FOUNTAIN INSTALL SUPPLIES 5590 SCHNEIDER ENGINEERING I-00000029499 SCHNEIDER ENGINEERING 2370 SHERWIN WILLIAMS I-9513-0 GALLONS PAINT -PAINTING FENCE 5320 SPIRIT OF TEXAS BANK I-090515 SPIRIT OF TEXAS BANK 8620 STERICYCLE I-40058886842 2690 TECHLINE, INC. I-1466483-00 I-1466818-00 I-1664518-00 I-1664642-00 456' TMCEC -201511045753 TONY LILLARD I-201510295746 9260 TYLER TECHNOLOGIES I-025-138591 I-025-138592 EMS SUPPLIES TRANSFORMER PAD SUPPLY HUB CLOSING LARGE SOCKET 200 AMP URD SOCKET REGIONAL JUDGE SEMINAR COMP4 CENTER TYLER TECHNOLOGIES TYLER TECHNOLOGIES CHECK CHECK TYPE DATE R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/09/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 R 11/09/2015 R 11/04/2015 R 11/04/2015 R 11/04/2015 CHECK DISCOUNT A14OUNT NO# 111477CR 061424 22.88CR 061424 9.41CR 061424 13.14CR 061424 7.67CR 061424 25.98CR 061424 30.97CR 061424 12.99CR 061424 136676CR 061424 30.27CR 061424 27.98CR 061424 7.56CR 061424 697,50CR 061429 93.15CR 061430 CHECK AMOUNT 1,334.08 697.50 93.15 37,096.28CR 061431 37,096.28 385.20CR 061932 385.20 1,950.000R 061933 6,623.92CR 061433 191.50CR 061433 1,929.50CR 061433 10,194.92 250.000R 061434 250.00 100.000R 061935 100.00 110.000R 061436 125.000R 061436 235.00 * * T 0 T A L S * * NO# DISCOUNTS CHECK AP4T TOTAL APPLIED REGULAR CHECKS: HANDWRITTEN CHECKS: 69 0 Sb.36 0.00 202,517.08 0.00 202,573.49 0.00 PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: 0 2 8 0.00 0.00 0.00 0.00 36,328.78 0.00 36,328.78 0.00 0.00 NON CHECKS: CORRECTIONS: 0 0 0.00 0.00 0.00 0.00 0.00 0.00 REGISTER TOTALS: 79 56.36 238,845.86 238,902.22 AL ERRORS: 0 TOTAL WARNIPTGS: 0 1\bl: U)Jbb ll/li/1J ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ENF `. NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 AMOUNT 6810 BANK OF TEXAS I—SANG412GOR BANK OF TEXAS D 11/10/2015 321025.00CR 110150 32,025.00 1550 ATMOS I-10/2/15-11/2/15 GAS BILL R 11/11/2015 316.03CR 061493 316,03 5610 AUSTIN LANE TECHNOLOGIES, INC I-201511055754 INSTALLING DELL OPTIPLEX R 11/11/2015 656.25CR 061494 656.25 7730 BRICE, MIKE I—HRQCNR ICMA ANNUAL CONE, R 11/11/2015 264.00CR 061495 264.00 6350 C & G ELECTRIC, INC I-28609 C & G ELECTRIC, INC R 11/11/2015 270.00CR 061496 270aOO 0710 DATA BUSINESS FORMS INC. I-105200 ENVELOPES R 11/11/2015 118.05CR 061497 118005 8460 DELL COMPUTERS, LLP I—XJT4TXK42 DELL OPTIPLEX R 11/11/2015 202e79CR 061498 I—XJT532JF1 DELL OPTIPLEX R 11/11/2015 109658CR 061498 I—XJT5TW516 DELL OPTIPLEX R 11/11/2015 11049.17CR 061498 1/361454 2400 DUNN, REECE I-0872209 REIMB FOR UNIFORM BOOTS R 11/11/2015 150.00CR 061499 150.00 3820 FERGUSON WATERWORKS I-0743484-1 FERGUSON WATERWORKS R 11/11/2015 137.15CR 061500 I-0746131 FERGUSON WATERWORKS R 11/11/2015 462.04CR 061500 I-0747395 FERGUSON WATERWORKS R 11/11/2015 661484CR 061500 I-0747395-1 FERGUSON WATERWORKS R 11/11/2015 220.98CR 061500 1-0747660 FERGUSON WATERWORKS R 11/11/2015 132.95CR 061500 —0747665 FERGUSON WATERWORKS R 11/11/2015 494.00CR 061500 I-0747665-1 FERGUSON WATERWORKS R 11/11/2015 246.39CR 061500 2,355.35 8790 EDELMAN I—NP45871054 EDELMAN R 11/11/2015 1,839.30CR 061501 1,839.30 4230 GRACE, RONNIE I-405dlaO29265562 RENEWAL LICENSE R 11/11/2015 61.00CR 061502 61600 6860 GRAINGER I-6302215684 SUPPLIES R 11/11/2015 162.O1CR 061503 162.01 Aril: ulinu iii11i10 ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT ENF NAME / I,D, DESC 3220 HACH COMPANY, CORP. I-9631823 HACH COMPANY, CORP. 9830 ILIFF, JOSEPH I-201511095787 ILIFF, JOSEPH 4070 MASON, WALLACE (DEAN) I-049962 MASON, WALLACE (DEAN) 8690 O'REILLY AUTO PARTS I-1959-239963 O'REILLY AUTO PARTS I-240435 ALTERNATOR I-240693 BATTERY 7270 PROFESSIONAL TURF PRODUCTS I-60143-00 MISC 5510 PROGRESSIVE WASTE SOLUTIONS OF TX, INC I-SEPT 15 SOLID WASTE SEPT 15 2160 REGNIER & ASSOCIATES I-29761 POLICY RENEWAL 9410 SAMANTHA SPRINGS BOTTLING I-280326 WATER DELIVERY CITY HALL 5020 SANGER HARDWARE I-A75297 SANGER HARDWARE SHERRI MCCANDLESS I-201511105788 COMM CENTER 8h OUPER CASUALS I-32472 OVERALLS & JACKETS 2650 TEXAS C0114ISSION ON FIRE PROTECTION I-109529 EMPLOYEE RENEWAL 9040 THOMPSON, J RANDY - MAC TOOLS I-181417 LOCKS FOR TOOL BOX AL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# AMOUNT R 11/11/2015 243.29CR 061504 243.29 R 11/11/2015 43.23CR 061505 43.23 R 11/11/2015 100400OR 061506 100.00 R 11/11/2015 1.75CR 85.98CR 061507 R 11/11/2015 3.30CR 161.87CR 061507 R 11/11/2015 4.O1CR 196.53CR 061507 444.38 R 11/11/2015 71914.68CR 061508 71914,68 R 11/11/2015 531538.59CR 061509 53,538.59 R 11/11/2015 91143.00CR 061510 9/143400 R 11/11/2015 22.79CR 061511 22.79 R 11/11/2015 57.62CR 061512 57.62 R 11/11/2015 100.00CR 061513 100.00 R 11/11/2015 199.98CR 061514 199.98 R 11/11/2015 765400CR 061515 765.00 R 11/11/2015 21.38CR 061516 21.38 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 29 9.06 80,147.47 80,156.53 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 32,025.00 32,025.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 25 9.06 112,172,47 1121181.53 ORDINANCE #11-2345 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, CHAPTER 12, TRAFFICE AND VEHICLES, ARTICLE 12,500, SECTION 12.505 SPECIAL SPEED ZONES, IN THE CITY OF SANGER CODE OF ORDINANCES IS HEREBY AMENDED, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 12, Article 12.500 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by amending Section 12.505 to read as follows; ARTICLE 12.500 SPEED LIMITS Section 12.505 Special Speed Zones (22) (E) Keaton Road from Fifth Street South to Interstate 35 Frontage road, posted 20 miles per hour. 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 unconstitutionally 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, form or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this code. Section 5. This ordinance will take effect immediately fiom and after its passage and publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED, this the ATTEST: Tami Taber, City Secretary APPROVED: day of November 2015. Thomas Muir, Mayor ORDINANCE 11-24-15 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CHAPTER 69 HEALTH AND SANITATION, ARTICLE 6.500 SECTION 6.507 PLACEMENT AND REMOVAL OF CONTAINERS FOR PICK-UP; IN THE CITY OF SANGER CODE OF ORDINANCES IS IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 6, Article 6.500 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by amending Section 6.507 to read as follows: ARTICLE 6.500 REFUSE COLLECTION REGULATIONS Sec. 6.507 Placement and Removal of Containers for Pick -Up (a) Any person in possession or control of premises, desiring to place garbage or trash for collection by the City, shall place an approved container containing same, adjacent to or near the curb in the front or on the side of his or her property, along designated garbage routes as fixed by the City, no earlier than 7:00 PM on the day before scheduled pickup or later than 7:00 AM the day of scheduled pickup. 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 accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the day of November 2015, by the City Council of the City of Sanger, Texas. APPROVED: Thomas Muir, Mayor ATTEST: Tami Taber, City Secretary RESOLUTION 4Rl1-14-IS WHEREAS, MWF Properties has proposed a development for affordable rental housing in the City of Sanger, and WHEREAS, there is a need for affordable housing for the City of Sanger's citizens of modest means; and WHEREAS, MWF Properties intends to submit an application to the Texas Department AHousing and Community Affairs (TDHCA) for 2016 Low Income Housing Tax Credit Program funds; and WHEREAS, there is a requirement for a de minimis commitment of development funding by the Local Political Subdivision; and WHEREAS, the City of Sanger supports construction at the site indicated by the developer at the November 16, 2015, City Council Work Session. Be it resolved that: This resolution affirms the City of Sanger's support; and Confirms the City of Sanger will provide a loan, grant, reduced fee or contribution of other value for the benefit of the development in the amount of $10. Resolved on the day of November 2015. Mayor Thomas Muir ATTEST: Tami Taber, City Secretary RESOLUTION #R114545 WHEREAS, Stoneleaf Properties has proposed a development for affordable rental housing in the City of Sanger; and WHEREAS, there is a need for affordable housing for the City of Sanger's citizens of modest means; and WHEREAS, Stoneleaf Properties intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2016 Low Income Housing Tax Credit Program funds; and WHEREAS, there is a requirement for a de minimis commitment of development funding by the Local Political Subdivision; and WHEREAS, the City of Sanger supports construction at the site indicated by the developer at the November 16, 2015, City Council Work Session. Be it resolved that: This resolution affirms the City of Sanger's support; and Confirms the City of Sanger will provide a loan, grant, reduced fee or contribution of other value for the benefit of the development in the amount of $10. Resolved on the day of November 2015 Mayor Thomas Muir ATTEST: Tami Taber, City Secretary Mr. Derek Naiser, PE Vice President LNV, Inc. 102 Decker Court, Ste 240 Irving, Tx 75062 Dear Mr. Naiser, This letter will serve as the official notice of termination of the Consultant Services Agreement between the City and LNV, Inc., dated April 7, 2014. This notice of termination also includes any associated uncompleted work orders executed under this agreement. Please prepare a final invoice for any outstanding work on uncompleted work orders and forward it for payment. Thanl<you. Sincerely, Mike Brice City Manager Tami Taber from: Sent: To: Subject: Backup for the termination letter. Mile Brice, Sanger City Manager We Brice Tuesday, November 10, 2015 10:34 AM Tami Taber FW: Task Order #3 From: David Hawkins [mailto:dhawkins@Invinc.com] Sent: Friday, November 06, 2015 8:11 AM To: Mike Brice Subject: RE: Task Order #3 Will do. It will not be much at all. I spoke with Derel< Naiser (my boss), and he prefers that the City terminate the contract for the Well project once I leave and a final invoice prepared. I will do that next week. The contract requires 30 days written notice but I don't think LNV will quibble over that. You can use similar language below but put a time when it will take effect, such as November 13, 2015. 1 will assist you for no charge after that date until an agreement with Perkins Engineering Consultants is executed. It will be similar in scope and fee. The fee will be whatever is remaining on the LNV contract. sincerely, DAVID B. HAWKINS, P.E. SENIOR PROJECT MANAGER L��Solutions Tway with e Vlslan for Y marrow engineers architects surveyors TBPE FIRM NO. F-366 TBPLS FIRM NO. 10126500 102 Decker Court, Suite 240 Irving, TX 75062 972.550,9154 [OFFICE] 972.510,7438 [CELL] DHAWI<INS@LNVINC.COM WWW,LNVINC.COM From: Mike Brice [mailto:MBrice@sangertexas.org] Sent: Friday, November 06, 2015 7:48 AM To: David Hawkins Subject: Task Order #3 On Monday November 2, 2015 the City Council authorized me to cancel task order #3 for the design of sewer line in the alley between second and fifth streets. That task order is hereby cancelled in accordance with the 1 contract. I had previously issued a stop work order on this project. Please prepare a final invoice for any outstanding work on this project and forward it for payment. Mike Brice, Sanger City Manager This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender immediately by e-mail and delete this e-mail from your system. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. DESIGNING COf�lFIDENGE AGREEMENT FOR ENGINEERING SERVICES Date November 9, 2015 Client Mr..Mike Brice City of Sanger 502 N Elm Street Sanger, Texas 76266 Project Name and Location Sanger Presbyterian Church Construction Administration Sanger, Texas As requested, EfKON Consulting Group, LLC (EIKON) is pleased to submit this proposal for professional consulting services related to the above referenced project. Our proposed Scope of Services, Assumptions, Deliverables, Schedule and Fee are outlined below. General Project Description We understand that the project includes the full Construction Administration services for the previously submitted Sanger Presbyterian Church design in Sanger, Texas. EIKON will assist with the bidding of the project and the oversight of the contractor during construction. Scope of Services (Exhibit A) Description of Services Construction Administration • Permitting Assistance • Bidding Assistance • Checking shop drawings • Construction Kickoff Meeting and Occasional Site Meetings with Contractor • Answering RFIs • Clarification Drawings as Requested • Review Payment Applications • Site Observations • Project Close Out • Accessibility Inspection Coordination Assumptions Typical Assumptions • • Client will provide necessary information for timely completion of the project. • EIKON will not provide the following services: • Continuous on Site Observation or Quality Control • Geotechnical Investigation and Report to be provided by the owner (as required) • Construction Materials Testing 940458.7503 1405 W. CHAPMAN DRIVE •BANGER, TEXAS 76266 EII<ONCG.COM • Opinion of Probable Cost • Special inspections (if required) shall be performed by a third party company. • American Disabilities Act (ADA) or Texas Accessibility Standards (TAS) review may be required and will be a reimbursable expense The Client will reimburse all required fees to any regulatory agencies for submission and or review. • Construction as -built drawings are not included. Schedule (Exhibit B) The construction documents will be completed in a timely fashion to meet the Client's requirements. Fee (Exhibit C) • Fixed Fee (refer to the scope of services and assumptions): $9,000.00 Out of pocket expenses will be billed at cost plus 10%. Reimbursables not to exceed $750.00. Invoices are processed monthly and are based on completed phases, direct man-hours, or on a percentage of completion. Fee to be paid within 30 days after the delivery of an invoice from EIKON. Unpaid invoices shall serve interest at 1.576 per month. Notice to Proceed EIKON must receive (by fax, email, or regular mail) this signed services agreement. This proposal will remain in effect for 30 days. If this proposal meets with your approval, please sign the attached agreement authorizing our office to begin work. Note that references in the agreement to Exhibits A, B and C are those identified above. Thank you for considering EIKON for your consulting services. We look forward to working with you and your staff on this project. Should you have any questions regarding this proposal, please do not hesitate to contact us. Page � 2 MON Consulting Group SHORT FORM AGREEMENT THIS AGREEMENT is made this 9th day of November, 2015 by and between EIKON Consulting Group, LLC (hereinafter "EIKON") and City of Sanger (hereinafter "Client"). Client and EIKON, for the consideration hereinafter set forth, hereby agree as follows: 1. Services of EIKON - EIKON agrees to provide the professional services described in Exhibit A (hereinafter the "Services"). 2. Schedule of Services - EIKON shall use its best efforts to complete the Services in a timely fashion to meet Client's requirements. If the parties have agreed to a specific project schedule and specific milestone dates, such information will be set forth in Exhibit B. 3. Responsibilities of Client -Client shall furnish or make available to EIKON any and all of its records, maps, or other data which are pertinent to EIKON's work. Client shall authorize and assist EIKON in obtaining any such pertinent information from other public and private sources. EIKON may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. EIKON shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the Client and/or the Client's consultants and contractors. 4. Compensation - As compensation for the performance of the Services, Client shall pay EIKON its fees and expenses in accordance with Exhibit C. Payments are due at the address appearing on the invoice within 30 days following the invoice date. Invoices not paid within 30 days will accrue interest from the 31st day at the rate of 1.5% per month (12% per annum). 5. Termination -This Agreement may be terminated by either party upon not less than seven (7) days written notice. EIKON shall be compensated for all Services performed until the receipt of notice plus any fees and/or costs reasonably necessary to properly terminate the project. 6. Relationship of Parties - EIKON is and shall at all times during the term of this Agreement be an independent contractor of Client. This Agreement and the relationship of the parties shall not be deemed to create or be one of employment, agency,: partnership, joint venture or any other association. 7. Assignment This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by Client or EIKON without the prior written consent of the other. Any assignment without written consent of the other party shall be null and void. 8. Standard of Care The standard of care for all professional engineering and related Services performed or furnished by EIKON under this Agreement will be the care and skill ordinarily used by the members of EIKON's profession practicing under similar conditions at the same time and in the same locality. EIKON makes no warranties, express or implied, under this Agreement or otherwise, in connection with EIKON's Services. i 9. Insurance - EIKON shall procure and maintain worker's compensation and employer's liability insurance in accordance with requirements of the state in which the Services are Page 3 being performed, comprehensive liability insurance (including contractual and contractor's protective liability coverage) with combined single limits of $1,000,000 per occurrence for bodily injury and property damage; automobile liability coverage including owned and hired vehicles with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage and professional liability insurance in the amount of $2,000,000 per claim/annual aggregate 10. Indemnification - Client shall indemnify EIKON, its partners, officers, directors and employees from all claims, damages, losses and expenses including reasonable attorney's fees, arising out of or in any manner connected with, the performance of the Services to the extent caused by Client's negligence. EIKON shall indemnify Client, its partners, officers, directors and employees from all claims, damages, losses and expenses including reasonable attorney's fees, arising out of the performance of the Services to the extent caused by EIKON's negligence. 11. Limitation on Liability -The total liability of EIKON and its partners, principals, employees and agents to Client and any one claiming by, through or under Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of, or in any way related to, the Services of this Agreement from any cause or causes whatsoever including, but not limited to, negligence, errors, omissions, strict liability or breach of contract shall not exceed the total compensation received by EIKON under this Agreement or the total amount of 2.0 times the original fee. 12. No Personal Liability -Notwithstanding any other provision of this Agreement to the contrary, EIKON's partners, principals, officers, directors, employees, or agents shall not be personally liable, regardless of the cause of action asserted including breach of contract, warranty, guarantee, products liability, negligence, tort, strict liability, or any other cause pertaining to EIKON's performance or non-performance of the Agreement. Client will look solely to EIKON for its remedy for any claim arising out of or related to this Agreement 13. Corporate Protection- It is intended by the parties to this Agreement that EIKON's services in connection with the Project shall not subject EIKON's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against EIKON, a Texas corporation, and not against any of EIKON's individual employees, officers or directors. 14. No Consequential Damages - In no event shall EIKON be liable to Client or the Client to EIKON for consequential, special or indirect damages, including but not limited to, loss of profits or revenue, loss of use of equipment, loss of production, additional expenses incurred in the use of the equipment and facilities and claims of customers of the Client. This disclaimer shall apply to consequential damages based upon any cause of action whatsoever asserted including, but not limited to, ones arising out of any breach of contract, warranty, guarantee, products liability, negligence, tort, strict liability, or any other cause arising out of the performance or non-performance of the contract by Client/EIKON. 15. Hazardous Materials: Suspension of Services -Both parties acknowledge that EIKON's scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event EIKON or any other person or entity involved in the project Page 4 encounters any hazardous or toxic materials, or should it become known to EIKON that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of EIKON's services, EIKON may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this agreement until the client retains appropriate qualified consultants and/or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. 16. Hazardous Materials Indemnity -The Client agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless EIKON, its officers, partners, employees and sub -consultants from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability, regulatory or any other cause of action, except for the sole negligence or willful misconduct of EIKON. 17. Mediation -The parties, as a condition precedent to commencing litigation (other than for the non- payment of EIKON's fees), shall endeavor to resolve their claims by mediation which, shall be in accordance with the Construction Industry. Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the contract and with the American Arbitration Association. 18, Other Agreements - (a) The services to be performed by EIKON are intended solely for the benefit of Client and no benefit is conferred on, nor any contractual relationship established with any person or entity not a party to this Agreement; (b) Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the parties; (c) This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters; (d) This Agreement shall not be amended, modified, supplemented or rescinded in any manner except by written agreement executed by the parties; (e) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas; (f) EIKON shall not be liable for any failure to perform or delay in the performance of the Services due to circumstances beyond its reasonable control. 19. Construction Observation - EIKON shall visit the site at intervals appropriate to the stage of construction, or as otherwise agreed to in writing by the Client and EIKON, in order to observe the progress and quality of the Work completed by the Contractor. Such visits and observation are not intended to be an exhaustive check or a detailed inspection of the Contractor's work but rather are to allow EIKON to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Based on this general observation, EIKON shall keep the Client informed about the progress of the Work and shall advise the Client about- observed deficiencies in the Work. If the Client desires more extensive project observation or full-time project representation, the Client shall request that such services be provided by EIKON as Additional Services in accordance with the terms of this Agreement. EIKON shall not supervise, direct or have control over the Contractor's work nor have any responsibility for the construction means, methods, techniques, sequences or procedures Page 5 selected by the Contractor nor for the Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents. EIKON shall not be responsible for any acts or omissions of the Contractor, any subcontractor, any entity performing any portions of the Work or any agents or employees of any of them. EIKON does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date set forth above. EIKON � By: Name: Brad Isbell. P.E. Title: President Date November 9, 2015 CLIENT By: Name: Title: Date: Page � 6 AGREEMENT CONCERNING RETAIL WATER UTILITY SERVICE AREAS This Agreement Concerning Retail Water Utility Service Areas ("Agreement") is made and entered into on the day of 2015 (the "Effective Date"), by and between Bolivar Water Supply Corporation ("BWSC"), Sanger Holdings, LLC ("Developer"), and the City of Sanger (the "City"). BWSC, Developer, and the City may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, BWSC, anon -profit water supply corporation, is organized and operates pursuant to Chapter 67 of the Texas Water Code, holds water Certificate of Convenience and Necessity ("CCN") No. 11257, owns water facilities, transmission lines, and distribution lines in Denton County in and around the City, and provides retail water utility service to customers within its certificated service area; WHEREAS, BWSC currently has outstanding indebtedness to USDA Rural Development under 7 USC § 1926; WHEREAS, the City is a home -rule municipality which holds water CCN No. 10196 and sewer CCN No. 20073, owns water and sewer facilities, transmission lines, and distribution lines through its municipally owned utility, in Denton County, and provides retail water and sewer utility service to customers within its certificated service areas; WHEREAS, the Developer plans to develop two tracts of land located in Denton County for residential purposes including an approximately 63-acre tract of land located on the west side A the City and an approximately 24.77-acre tract of land located on the east side of the City more particularly described in the deed records attached hereto as Exhibit "A" (the "Agreement Areas"); WHEREAS, the City's sewer CCN includes certain portions of BWSC's water CCN area, including the Agreement Areas, and the City has recently annexed, or will annex, the Agreement Areas; WHEREAS, the City desires to be the provider of retail water service to the Agreement Areas under the terms set forth in this Agreement; and WHEREAS, the City and BWSC wish to enter into a binding agreement governing the specific retail water utility service areas described herein, and as allowed by Texas Water Code Sections 13.248 and 13.255. AGREEMENT THEREFORE, in consideration of the mutual promises expressed herein and other good and valuable consideration, the sufficiency of which is acknowledged by the Parties, the Parties hereby agree as follows. Bolivar/City of Sanger Agreement Page 1 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive El Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By, November 16, 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 Approve an Agreement With Bolivar Water Service Corporation Concerning Retail Water Utility Service Areas for two Properties Along Marion Road FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject properties are part of the the Sanger Circle development, located along Marion Road and north of FM 455, One property is approximately 63 acres, located west of Marion Road and north of the Trails of Sanger apartment complex. The other is approximately 25 acres, located east of Marion Road and north of the property with 4 apartment buildings and a self -storage business. The proposed agreement between the Bolivar Water Supply Corporation (BWSC) and the City of Sanger would transfer these properties from Bolivar's water service area to the City's. This would have the effect of future residents in these areas being customers of the City's water utility, rather than Bolivar's. The Sanger Circle developer has requested this transfer, as this permits them to more fully develop the properties. The agreement was scheduled for consideration by the BWSC on November 12th. STAFF OPTIONS & RECOMMENDATION Staff recommends the Council approve the proposed agreement, and authorize the Mayor to execute it on the City's behalf. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Proposed Agreement Concerning Retail Agencies: Water Utility Service Areas None L Agreement Area and Compensation 1.1 Incorporation of Recitals and Definitions. The terms of this Agreement include and incorporate the Recitals and Definitions set forth above. 1.2 Retail Water Service to Agreement Areas. The Parties agree that the purpose of this Agreement is for the City to be the retail water provider to the Agreement Areas, and that such service may begin, to the extent allowed by law, after receipt of PUC and USDA approval. The Parties agree that the map attached hereto as Exhibit `B" accurately depicts the Agreement Areas (identified therein as the tracts of 25 Acres and 63 Acres) which will be decertified from the water CCN of BWSC and incorporated into the water CCN of the City. Exhibit B shall conform with all PUC rules and protocols concerning the mapping and identification of certificated service areas. 1.3 Compensation to BWSC. To compensate BWSC for the loss of revenue and service rights in the Agreement Areas, the Parties agree that $17,600 is just, adequate, and reasonable compensation to BWSC. 1.4 Payment. Within ten (10) business days after approval of the PUC of the Application described in Paragraph 2.2, the City shall pay to BWSC, by certified check, the full amount set forth in Paragraph 1.3. Developer shall provide these funds to the City prior to the date due to BWSC. 2. Modifications to CCNs 2.1 BWSC's Water CCN and Citv's Water CCN. Following the Effective Date, BWSC agrees to cooperate with the City in transferring the Agreement Areas out of BWSC's water CCN No. 11257 and incorporating the Agreement Areas into the City's water CCN No. 10196. 2.2 Application to the PUC. The Parties agree to cooperate in obtaining approval frOM the Public Utility Commission %J Texas of this Agreement under Texas Water Code Sections 13.248 or 13.255 or in taking any other steps necessary to accomplish the purposes of this Agreement. BWSC and the City shall endeavor to obtain PUC approval in an expeditious manner, and will support and cooperate with each other and the PUC to accomplish this goal, including making any revisions to the map in Exhibit `B", which may be required by the PUC. All costs associated with preparing and filing the application to the PUC and the pursuit of regulatory approvals shall be borne initially by the City and to be reimbursed to the City by the Developer within ten (10) days of approval by the PUC. 2.3 Application to USDA. BWSC shall file application with the USDA for the release of the USDA's lien on that portion of BWSC's certificate of convenience and necessity. The USDA lien release application shall incorporate Exhibit B to identify the portion of the service area lien to be released. 2.4 Customers in Agreement Areas. The Parties agree there are no current customers of BWSC within the Agreement Areas. No customer will be located in the Agreement Areas until both PUC and USDA approvals have been received. Bolivar/City of Sanger Agreement Page 2 2.5 Facilities and Waterlines. No facilities, water lines, equipment, or other property or property rights of BWSC are transferred to the City by this Agreement, except for the portion of the retail water CCN as set forth herein. 2.6 No Impairment of Other Customers. Nothing in this Agreement shall affect BWSC's right to provide water to any customers located outside of the Agreement Areas. 3. Miscellaneous 3.1 This Agreement may not be assigned by any Party without the written consent of the other parties. 3.2 This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the Parties hereto. 3.3 This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Denton County, Texas. 3.4 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective permitted and approved successors and assigns. 3.5 The individuals executing this Agreement on behalf of the respective Parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the Party for which his or her signature appears, that there are no other individuals or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this Agreement, and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 3.6 This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency %J which is forever confessed. Each signatory represents that this Agreement has been read by the Party for which this Agreement is executed, and that such Party has had an opportunity to confer with its counsel. 3.7 Any notice provided for under the terms of this Agreement by any Party to any other Party shall be in writing and may be effected by registered or certified mail, return receipt requested, addressed and delivered to the following: to the City: Mike Brice City Manager, City of Sanger 502 Elm Street Sanger, Texas 76266 Bolivar/City of Sanger Agreement Page 3 to BWSC: Kevin Kemplin, President Bolivar Water Supply Corporation 4151 FM 455 W. Sanger, Texas 76266 to Developer: Ed McBirney Sanger Holdings, LLC 3015 Country Square Dr. #1045 Carrollton, Texas 75006 Each Party may change the address to which notice maybe sent by giving notice of such change to the other Parties in accordance with the provisions of this Agreement. 3.8 This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 3.9 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 3.10 This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this Agreement to be effective on the date first written above as reflected by the signatures below. [Signature Pages Follow] Bolivar/City of Sanger Agreement CITY OF SANGER, TEXAS Mayor, City of Sanger, Texas ATTEST: STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the CITY OF SANGER, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GNEN UNDER MY HAND AND SEAL OF OFFICE this day of 2015. Notary Public in and for the State of Texas My Commission Expires: Bolivar/City of Sanger Agreement Page 5 BOLIVAR WATER SUPPLY CORPORATION Date: Kevin Kemplin, President, Board of Directors ATTEST: STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for BOLIVAR WATER SUPPLY CORPORATION, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2015. Notary Public in and for the State of Texas My Commission Expires: Bolivar/City of Sanger Agreement day of SANGER HOLDINGS, LLC Title: STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for SANGER HOLDINGS, LLC and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2015. 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