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01/20/2015-CC-Agenda Packet-RegularSiau�getc TExAS AGENDA CITY COUNCIL TUESDAY, JANUARY 20, 2015 7:00 PM 502 ELM STREET 1. Call Meeting to Ordet•, 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: December 15, 2014 -Work Session December 15, 2014 - City Council b) Disbursements c) Approve an Interlocal Agreement Between Denton County and the City of Sanger for Ambulance and Fire Protection Services d) Authorize Staff to Solicit Bids for Construction of Water and Sewer Lines Along the West Side of I-35 Between FM 455 and Belz Road e) Authorize Staff to Solicit Bids for Construction of two new Water Wells 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Ordinance #Ol-Ol-15 -Establishing Guidelines for Commercial Filming. 6. Consider, Discuss and Possibly Approve Ordinance #O1-02-15 -Changing the Name of Branding Iron Drive to Sanger Circle Drive. 7. Consider, Discuss and Possibly Approve Ordinance 44O1-03-15 -Amending the Zoning Ordinance, Section 24 B-3 Central Business District, Changing the Approval Body for Major Development Projects to the Planning and Zoning Commission. 8. Consider, Discuss and Possibly Approve Ordinance #01-0445 -Adopting the 2015 Thoroughfare Plan. 9. Consider, Discuss and Possibly Approve a Development Agreement to Defer the Construction of Public Improvements for the Replat of Lots lA-8A, Block A, Marion Point Acres Addition. 10. Consider, Discuss and Possibly Approve the Replat of Lots lA-8A, Block A, Marion Point Acres Addition, 24.77 Acres of Land Located on the East Side of Marion Road, North of FM 455. 11. Consider, Discuss and Possibly Approve a Development Agreement to Defer the Construction of Public Improvements for the Final Plat of Sanger Circle, Phase 3. 12. Consider, Discuss and Possibly Approve the Final Plat of Lots 28-31, Block 1 and Lots 1144, Block 2, Sanger Circle Addition Phase 3, 2.01 Acres of Land Located West of Marion Road and North of FM 455. 13. INFORMATION ITEMS: a) Financial and Investment Report -September b) All American Dogs Report - October, November and December 14. 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: //2%//LR a %// ie�?01` at lVf00 p.m. and shall remain posted until is adjourned. Tami Taber, City Secretary CJ City of Sanger, Texas = 1 �A TEX This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hom•s prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL WORKSESSION December 15, 2014 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Allen Chick OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Sam Alexander, Kelli Alexander and Joe Falls 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:00 p.m. 2. EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.074 (Personnel Matters) -City Manager's Annual Performance Review Council convened into Executive Session at 6:01 p.m. 3. RECONVENE: OPEN MEETING Council reconvened at 6:55 p.m. 4. Overview of Items on Regular Agenda. 5. Adjourn. Mayor Muir adjourned the meeting at 6:56 p.m. MINUTES: CITY COUNCIL MEETING December 15, 2014 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Allen Chick OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Sam Alexander, Kelli Alexander, Joe Falls, David Clark, Norm Bulaich, Cloy Richards and Meghann Piercy 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Chick led the Invocation followed by Councilman Ezell 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). Joe Falls, 4489 McReynolds Road, distributed photos to the City Council to review and will speak about them when item #5 comes up. Sam Alexander, 3219 McReynolds Road, stated that McReynolds Road is getting huge holes and is worried about wrecks. He felt that asphalt needs to be put down to fill up the holes and wanted to know when the reconstruction project would begin. City Manager advised that the reconstruction would begin as soon as the City gets all the needed easements and right of ways. CONSENT AGENDA 3. a) Approval of Minutes: December i, 2014 - Woxk Session December 1, 2014 -City Council b) Disbursements Councilman Ezell made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Conduct a Final Public Hearing on the Completion of the 2014 CDBG Project - Replacement of the Sewer Trunk Line Along Willow and Jones Street. Cloy Richards was present from Grant Works to receive input from citizens. Mayor opened the Public Hearing at 7:31 p.m. Joe Falls explained that a verbal agreement was made between Wildstone Construction and himself and that Wildstone had failed. The agreement he made with them was to allow them to bring waste material to his land. He showed pictures of concrete rubble with rebar and he wants Wildstone to cover it. Cloy Richards explained to him that he is not involved in any of that, he just funds the grant money, that he understands Joe Falls issues, but it was a civil matter that did not involve the City. Kelli Alexander asked who hired Wildstone Construction. City Manager advised that the Council did, but Joe Falls and WlhlstOne got together and made a verbal agreement with each other regarding the debris to be disposed off site. Mayor closed the Public Hearing at 7:57 p.m. 6. Consider, Discuss and Possibly Approve a 2015 Rate Adjustment for Progressive Waste Solutions From $12.46 per Month to $12.58, Effective January 1, 2015. Norm Bulaich with Progressive Waste Solutions thanked the Council for their business and was asking for a consumer price index increase of 1.1%. He also stated that they pick up 7.31 tons per week on the recycling in Sanger. Councilman Stephens made a motion to approve. Seconded by Councilman Martin. Motion made unanimously. 7. Consider, Discuss and Possibly Approve a Sales Contract Between PAC Capital Holdings, LTD Doing Business as PAC Group, LTD and the City of Sanger for the Purchase of 2 Acres Situated in the Tierwester Survey, Abstract 1241, City of Sanger, Located North of FM 455 and East of Keith Drive in the Amount of $175,000. City Manager advised that this is the property for the new well site. The land West of this property that came up at the last meeting as another possible cheaper site, ended up having many issues such as an existing well, an existing septic system, an existing CoSery line that would need to be removed and the access road only has averbal agreement. Councilman Bilyeu made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 8. Consider, Discuss and Possibly Approve Ordinance #12-17-14 -Amending Article 2.000 Building and Construction Fees, Article 3.000 Business Related Fees and Article 4.000 Utility Related Fees of Appendix A "Fee Schedule", Effective January 1, 2015. City Manager stated that it has been 7 years since permit fees have been raised. The new sign permit fee was set at $50 in the ordinance, but that it was rrp to Council whether it should be $75, which would be equal to Denton and less than Krum, Gainesville and Aubrey. Councilman Martin made a motion to approve with the change to Section 3.900 Sign Permits, from $50.00 to $75.00. Seconded by Councilman Stephens. Motion carried unanimously. 9. Consider, Discuss and Possibly Approve Ordinance #124844 -Amending Chapter 12 Traffic and Vehicles, Article 12.600, Parking Regulations and Article 12.900 From Truck Parking Regulations to On Street Parking Regulations. Councilman Bilyeu made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 10. Take any Necessary or Appropriate Action on Closed Executive Session Matters. Councilman Bilyeu made a motion to approve action taken concerning the City Manager's performance review. Seconded by Councilman Ezell. Motion carried unanimously. 11. INFORMATION ITEMS: a) Library Report (July -September 2014) b) ATMOS Energy Rate Filing Under Docket No.10170 City Manager asked the Council if he needed to keep the library report in the agenda packet since he is also entailing it to them. Council stated they had no preference. 12. Adjourn. Mayor Muir adjourned the meeting at 8:00 p.m. 12/15/2014 8:05 AM A / P CHECK REGISTER PACKET: 07098 Regular Payments 12.15.14 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK �.....AR NAME / I.D. DESC TYPE DATE 00050 CONLEY SAND c GRAVEL I-10291 SAND FOR WASTEWATER R 12/15/2014 00420 BOUND TREE MEDICAL, LLC I-81618094 EMS SUPPLIES R 12/15/2014 I-81618095 EMS SUPPLIES R 12/15/2014 00600 CITY OF SANGER I-12/l/2014 CITY UTILITIES 10/20-11/17/14 R 12/15/2014 00850 DENTON RECORD -CHRONICLE I-101350530-10302014 LOG NOTICE BIDDERS 10/31-11/13 R 12/15/2014 00920 ELLIOTT ELECTRIC I-19-82510-01 HEAT SHRINK R 12/15/2014 01070 GALLS INC. I-002716318 GLOVES, TURTLENECK R 12/15/2014 I-002723084 UNIFORM BOOT R 12/15/2014 02200 ROADRUNNER TRAFFIC SUPPLY, INC. I-40960 OD POST ADAPTER R 12/15/2014 02460 AT&T MOBILITY I-10/23/14-11/22/14 10/23/14-11/22/14 R 12/15/2014 02610 HD SUPPLY POWER SOLUTIONS I-2705694-01 METER BATTIERIES R 12/15/2014 02690 THUDDING, INC. I-1462680-00 SHC 2 BOOT R 12/15/2014 L i OFFICE DEPOT I-743611068001 MISC OFFICE SUPPLIES R 12/15/2014 I-743611117001 MISC OFFICE SUPPLIES R 12/15/2014 03140 DATA FLOW: CLASSIC COMPUTER SUPPLIES, INC. I-16346 CHECKS R 12/15/2014 03170 ASCO I-C48005 MASTER CYLINDER-BACKHOE R 12/15/2014 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 450.00CR 058767 450.00 312.01CR 058766 22.38CR 058768 334,39 30,356.75CR 058769 30t356.75 21.40CR 058770 21.40 69.52CR 058771 69.52 109.99CR 058772 126,44CR 058772 236.43 262.50CR 058713 262,30 756.33CR 058774 756.33 684.000R 058775 684.00 160.80CR 058776 160,80 64.63CR 058777 46.99CR 058777 111.62 383.23CR 058778 383.23 356.58CR 058779 356.58 12/15/2014 8:05 AM A / P CHECK REGISTER PACKET: 07098 Regular Payments 12.15.14 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK V... RJR NAME / I.D. DESC TYPE DATE 03560 BRISCOE ALIGNMENT & TIRE I-514336 TIRE REPAIR WHEEL LOADER R 12/15/2014 03680 WHITMIRE LINE CLEARANCE, INC I-SMGER14-10008 PARKS TREE WORK R 12/15/2014 C5350 TEXAS EXCAVATION SAFETY SYST I-14-19275 MESSAGE FEES NOV 2014 R 12/15/2014 05510 PROGRESSIVE WASTE SOLUTIONS OF TX, INC I-1201828413 ROLL OFF WO R 12/15/2014 05510 PROGRESSIVE WASTE SOLUTIONS OF IN, INC I-NOV 14 NOV 2014 R 12/15/2014 08210 KWIK MR I-27606 VEHICLE INSPECTION R 12/15/2014 I-2E120 TRUCK INSPECTIONS R 12/15/2014 08580 AMIGOS LIBRARY SERVICES I-257900 COURIER SERVICE 9/l/14-8/31/15 R 12/15/2014 08690 01 REILLY AUTO PARTS C-1959165943 MULTIFUNCTION SWITCH R 12/15/2014 C-EB11241426 MULTIFUNCTION SWITCH R 12/15/2014 I-1959161984 MISC SHOP SUPPLIES R 12/15/2014 I-1959161985 MISC PARTS R 12/15/2014 I-1959163263 MISC SHOP SUPPLIES R 12/15/2014 I-1959164638 MISC SHOP SUPPLIES R 12/15/2014 I-1959165639 MULTIFUNCTION SWITCH R 12/15/2014 I-1959165640 MULTIFUNCTION SWITCH R 12/15/2024 1-1959165641 BATTERY R 12/15/2014 1-1959165643 BATTERY R 12/15/2014 I-1959165942 MULTIFUNCTION SWITCH R 12/15/2014 I-1959166181 BATTERY R 12/15/2014 I-1959167203 BATTERY R 12/15/2014 *VOID* VOID CHECK V 12/15/2014 09040 THOMPSON, U RANDY I-168839 T HANDLE HEX KEY R 12/15/2014 I-168840 WHEEL STUD INSTALLER R 12/15/2014 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT NO& AMOUNT 97.95CR 058780 97.95 21902.00CR 058781 21902,00 57.000R 058782 57.00 658.01CR 058783 658.07 521053.70CR 058784 52,053.70 14.50CR 058785 39.75CR 058785 54.25 21175,00CR 058786 2,175.00 185,71 058787 13.92 058787 8.98CR 058787 133.68CR 058787 6.45CR 058787 6.74CR 058787 90.99CR 058787 185.71CR 058787 3.49CR 058787 102.27CR 058787 185.71CR 058787 108.84CR 058787 29.96CR 058787 663.19 058788 **VOID** 20.98CR 058789 201.97CR 058789 222.95 12/15/2014 8:05 A14 A / P CHECK REGISTER PAGE: 3 PACKET: 07098 Regular Payments 12.15.14 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK .,JR NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT NOI AMOUNT 09550 SOUTHWEST CHEMICAL, I NC, I-100897 ANNUAL CHLORINE REFILLS R 12/15/2014 11080.000R 058790 1,080.00 11350 NFPA I-2014 MEMBERSHIP 2014 MEMBERSHIP RENEWAL R 12/15/2014 165.000R 058791 165,00 11690 PITNEY BOWES - RESERVE ACCOUNT I -DEC 2014 POSTAGE DEC 2014 POSTAGE R 12/15/2014 300.000R 058792 300.00 16040 SH0W ME BOOKS I-24770H9X53 CHILDREN'S BOONS R 12/15/2014 160.000R 058793 160.00 18100 AMERICAN MUNICIPAL SERVICES I-22607 NOVE14BER 14 WARRANT COLLECTION R 12/15/2014 168.60CR 058794 168.60 18420 EMERGENCY COMMUNICATIONS NETWORK I-ECN-018185 CODERED 12/26/14-12/25/15 R 12/15/2014 7,500.00CR 058795 7,500.00 18790 FUELMAN I-NP42806646 11/24/14-11/30/14 R 12/15/2014 11938.46CR 058796 I-NP43010577 12/l/14-12/7/14 R 12/15/2014 21292.98CR 058796 4,231.44 19260 TYLER TECHNOLOGIES I-025-111054 UB WEB DEC 2014 R 12/15/2014 110.00CR 058797 I-025-111055 COURT ONLINE DEC 2014 R 12/15/2014 125.000R 058797 235.00 22360 PREMIER LAWN AND POWER I-9250 FRONT WHEEL BEARINGS R 12/15/2014 99.55CR 058798 99.55 22620 ARAMARK UNIFORM SERVICE I-15955137 PURCHASE WINTER COATS R 12/15/2014 232.96CR 058799 I-15958608 PURCHASE WINTER COATS R 12/15/2014 170.97CR 058799 403.93 24430 PIERCE PUMP COMPANY L.P. I-3669992 NEW @1 PUMP REPLACEMENT R 12/15/2014 41522.14CR 058800 4,522.14 25060 LEMONS PUBLICATIONS INC 1-3422 NOV ADS R 12/15/2014 55.000R 058801 55.00 25070 ALL AMERICAN EGGS INC I-1886 ANIMAL CONTROL NOV 2014 R 12/15/2014 3,400.00CR 058802 3,400.00 12/15/2014 8:05 AM A / P CHECK REGISTER PACKET: 07098 Regular Payments 12.15.14 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK �11 NAME / I.D. OESC TYPE DATE 25110 KEYSTONE FLEX ADMINISTRATORS, LLC I-DECEMBER 2014 ADMIN 6 DEBT CARD FEES R 12/15/2014 25590 SCHNEIDER ENGINEERING I-00000024969 ERCOT TRANSMISSION OPERATOR R 12/15/2014 25690 BWI COMPANIES, INC I-12753291 CHEMICALS AND FERTILIZER R 12/15/2014 25940 ALAN PLOWER ASSOCIATES, INC 1-000000036559 PRO#1416-002-01 INV#35975 R 12/15/2014 25970 REPUBLIC METERING GROUP, INC 1-1447 METER FOR SANGER CIRC R 12/15/2014 26520 ACTION AUTO UPHOLSTERY I-356563 SEAT REPAIR FOR 2 UNITS R 12/15/2014 26700 SOUTHERN TIRE MART, LLC I-48035604 FRONT MOWER TIRE R 12/15/2014 I-48035606 TIRES FOR UNIT 09-20 R 12/15/2014 I-48035941 TIRES FOR C671-24 R 12/15/2014 27420 OZARKA I-04K0125015107 MONTHLY DRINKING WATER R 12/15/2014 27750 SAMANTHA SPRINGS BOTTLING I-11/30/14 003819 CITY HALL WATER R 12/15/2014 27960 YOUNG GUNS AUTO INC I-57 FRONT END ALLIGNMENT R 12/15/2014 CAPITAL OFFICE PRODUCTS I-4967108-0 SUGAR CREAMER BOXES R 12/15/2014 REGOLAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 TOTAL WARNINGS; 0 PAGE: 4 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 271.50CR 058803 271.50 310.000R 058804 310,00 779.32CR 058805 779.32 50,381.29CR 058806 50,381.29 71924.80CR 058807 7,924.60 450.000R 058808 450.00 70.000R 058809 702.00CR 058809 516.000R 058809 11288.00 36.25CR 058810 36.25 12.90CR 058811 12.90 75.00CR 058812 75.00 97.14CR 058813 97.14 NO# DISCOUNTS CHECK A[4T TOTAL APPLIED 46 0.00 1]7, O1A.52 177, 014.52 0 0.00 0.00 0.00 0 0.00 0.00 - 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 47 0.00 177, 019.52 177,014.52 12/17/2014 4:05 PM A / P CHECK REGISTER PAGE: 1 PACKET: 07104 Regular Payments 12/17/14 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.O. DISC TYPE DATE DISCOUNT AMOUNT NOB AMOUNT 21740 ACQUIRE CCTV I-12/11/2014 CAMERA, CABLE, 6 INSTALL R 12/17/2014 850.00CR 058825 850.00 07860 ACT PIPE SUPPLY, INC I-995992 CRIMPERS 3 HAND PUMPS R 12/17/2014 293.22CR 058826 293.22 01550 RIESS 1-11/4/14-12/2/14 ATMOS 11/4/14-12/2/14 R 12/17/2014 542.000R 058827 542.00 25610 AUSTIN LANE TECHNOLOGIES, INC I-20141209 DEC 2014 MAINTENANCE R 12/17/2014 4,381.00CR 058828 I-20141209A PD TECH SUPPORT R 12/17/2014 230.000R 058828 I-2014209A ISTALLING PUBLISHER R 12/17/2014 105.000R 058828 4,696.00 00440 BRAZOS ELECTRIC I-30897-RI-1 DISTRIBUTION NOV 2014 R 12/17/2014 12,820.72CR 058829 12,820.72 27990 CAPITAL OFFICE PRODUCTS I-4986400-0 OFFICE SUPPLIES R 12/17/2014 65.68CR 058830 65.68 22300 CARD SERVICE CENTER C-TML REFUND 11/6/14 TML REFUND R 12/17/2014 325,00 058831 I-4IMPRINT 11/24/14 BOUNCY BALLS FOR S.A.T. R 12/17/2014 529.58CR 058831 I -AMAZON 11/11/14 HIGH VISIBILITY COATS R 12/13/2014 259.20CR 058831 I -COURTYARD 11/21/14 HOTEL NEC CONFERENCE BRICE R 12/17/2014 677.49CR 058831 I-DENTONCOUNTY 11/20 PLAT FILING R 12/17/2014 54.25CR 058831 I-FUZZYS 11/4/14 ECONOMIC DER LUNCH R 12/17/2014 24.83CR 058831 I-MMSION 11/6/14 POLY PROPYLENE CORD R 12/17/2014 114.56CR 058831 I-MARRIOTT 11/21/14 PARKING NLC CONFERENCE R 12/17/2014 77.94CR 058831 I-MICHAELS IIJ25/14 OPEN HOUSE SUPPLIES R 12/17/2014 11.96CR 058831 I-PASSIONPLANNER 14 APPT BOOK R 12/11/2014 35.60CR 058831 I-PLANETIZEN 8/30/14 PLANETIZEN CHARGE R 12/17/2014 199.69CR 058831 I-SUPERSAVE11/14/14 OPEN HOUSE SUPPLIES R 12/17/2014 10.94CR 058831 I -TARGET 11/4/14 JANITORIAL SUPPLIES R 12/17/2014 12.49CR 058831 I -TARGET 11/9/14 FOLDING TABLE AND CHAIRS R 12/17/2014 42.98CR 058831 I-WALMART 11/13/14 TV WALL MOUNT R 12/17/2014 89. OOCR 058831 I-WALMART 11/21/14 HOOVER VACUUM R 12/17/2014 98.00CR 058831 1,913.51 *VOID* VOID CHECK V 12/17/2014 058832 **VOID** 00520 CASCO INDUSTERIES, INC. 1-148987 BATTERY E5000 R 12/17/2014 466.000R 058833 466.00 12/17/2014 4:05 PM A / P CHECK REGISTER PAGE: 2 PACKET: 07104 Regular Payments 12/17/14 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 04590 CHIEF SUPPLY CORP. I-174903 MAGNUM DUTY BOOT R 12/17/2014 116.92CR 058834 116.92 23620 COTE'S MECHANICAL I-CH20143140 REPAIR UNIT FOR DAY ROOM R 12/17/2014 160.00CR 058835 I-CM20143318 ICE MACHINE LEASE DEC 2014 R 12/17/2014 354.00CR 058835 514,00 25730 DATAPROSE, LLC I-DP1403367 OCT & NOV BILLING R 12/17/2014 31853.13CR 058836 3,853.13 IV90 EDELMAN I-NP43050389 FUELMAN12/8/14-12/14/14 R 12/17/2014 11882.80CR 058837 1,882.80 1 GOLSTON I -BEARD 12/12/14 COMM DEPOSIT R 12/17/2014 100.000R 058838 100.00 1 HOLY TEMPLE CHURCH I-HOLYTEMPLE 12/14 DEPOSIT R 12/17/2014 100.000R 058839 100.00 01240 INLAND TRUCK PARTS, INC. I-CM20143140 ENGINE REPAIR R 12/17/2014 _ 11003.71CR 058840 1,003.71 08210 KWIK DAR I-28103 15 STATE INSPECTION R 12/17/2014 39.75CR 058841 I-28106 15 STATE INSPECTION R 12/17/2014 39.75CR 058841 I-28357 15 STATE INSPECTION R 12/17/2014 14.50CR 058841 94.00 26260 LIBRARY IDEAS, LLC I-41777 FREEBIES DL BOOKS R 12/17/2014 12.000R 058842 1-42328 FREEDING DL BOOKS R 12/17/2014 24.000R 058842 I-42834 FREEDING DL BOOKS R 12/11/2014 B.00CR 058842 44,00 0..>/0 OFFICE DEPOT 1-742216983001 PAPER, SIGN, TAPE R 12/17/2014 52.44CR 058843 I-743674238001 OFFICE SUPPLY R 12/17/2014 29.52CR 058843 81,96 27420 OZARKA I-04LO125015107 MONTHLY DRINKING WATER R 12/11/2014 3.60CR 058844 3.60 25830 PACHECO KOCH, LLC I-31390 EAST PH 1 LOIS TO VIEW R 12/17/2014 21161.50CR 058845 I-31391 WE E PH II BNSF TO 135X R 12/17/2014 11472.75CR 058845 I-31392 WW E PH III I35X TO LOIS R 12/17/2014 1,319.50CR 058845 1-31393 WW WEST MCCLAIN'S RV R 12/F7/2014 71425.000R 058845 121378.75 12/17/2014 4:05 PM A / P CHECK REGISTER PACKET: 07104 Regular Payments 12/17/14 VENDOR SET: 99 BANK P00L FOOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DECO TYPE DATE 24430 PIERCE PUMP COMPANY L.P. I-3673097 4" WASHER R 12/17/2014 02170 REINERT PAPER & CHEMICAL, INC. I-32310 JANITORIAL SUPPLIES R 12/17/2014 27750 SAMANTHA SPRINGS BOTTLING I-11/30/14 003781 WATER BOTTLE COURT R 12/13/2014 I-11/30/14 003823 POLICE BOTTLED WATER R 12/17/2014 1 SANGER FFA ALUMNI & FRIENDS I-SFFA 12/11/14 D R 12/17/2014 16240 SCHAD & PULTE I-94022 OXYGEN REFILL R 12/17/2014 I-94046 02 REFILL R 12/17/2014 04960 TEXAS MUNICIPAL CLERKS ASSOCIATION I-12/4/2014 2014 SUPPLEMENT ELECTION LAW R 12/17/2014 23430 TITLE RESOURCES I-TIERWESTER 81241 OWNER'S TITLE POLICY R 12/17/2014 02910 UPPER TRINITY I-PM1412 UPPER TRINITY 11/1/14-11/30/14 R 12/17/2014 23760 VADLTLOGIX I-1972521 Internet Vault Nov 2014 R 12/17/2014 * * TOTALS REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL ERRORS: 0 'TOTAL WARNINGS: 0 PAGE: 3 CHECK ODEON DISCOUNT AMOUNT N06 AMOUNT 178.75CR 058846 178.75 128.55CR 058847 128.55 5.87CR 058848 25.80CR 058848 31.67 100.000R 058849 100.00 17.000R 058850 14.00CR 058850 31,00 25.000R 058851 25.00 2,500.00CR 058852 2,500,00 10,709.25CR 058853 l8t709.25 981.000R 058854 981,00 NOf DISCOUNTS CHECK A[1T TOTAL APPLIED 29 0.00 64,505.22 64,505.22 o 0.00 0.00 0.00 a 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 30 0.00 647505.22 64,505.22 1/07/2015 4:44 PM A / P CHECK REGISTER PACKET: 07152 Regulax Payments 1.7.15 VENDOR SET: 99 HANK POOL POOLED CASH ACCOUNT CHECK CHECK V6..,,UR NAME / I.D. DECO TYPE DATE 02460 AT&T MOBILITY I-11/23/14-12/22/14 11/23/14-12/22/14 R 1/07/2015 25760 BROOKS DIVERSIFIED SYSTEMS COMPANY 1-18433 FIRE ALARM R 1/07/2015 1 CAMERON, KATHY I-CAMERON 12/18/14 CON DEPOSIT R 1/07/2015 27990 CAPITAL OFFICE PRODUCTS I-5010205-0 INK R 1/07/2015 I-5013882-0 TAPE R 1/07/2015 12760 CINTAS, INC. I-492289979 UNIFROMS R 1/07/2015 I-492293049 UNIFORMS R 1/07/2015 I-492299166 UNIFORMS R 1/07/2015 I-492302221 UNIFORMS R 1/07/2015 00590 CITY OF DENTON 1-12/26/14 WATER ANALYSIS 11/14-12/14/ R 1/07/2015 00600 CITY OF SANGER I-11/17/14-12/16/14 11/17/14-12/16/14 R 1/07/2015 15640 COLE-PARMER INSTRUMENT COMPANY I-9094219 POLYMER TUBING R 1/07/2015 00800 COSERV ELECTRIC I-11/15/14-12/15/14 11/15/14-12/25/14 R 1/07/2015 COTE'S NECHANICAL I-CM201524 ICE MACHINE JAN 2015 R 1/07/2015 08460 DELL COMPUTERS, LIP I-XJMSDJXDS DELL COMPUTER FOR FINANCE R 1/07/2015 08190 DISPLAY SALES I-INVOI00132 CHRISTENS BULBS R 1/07/2015 23820 FERGUSON WATERWORKS I-0691407 WATER SUPPLIES R 1/07/2015 PAGE: 1 C!lECK CHECK DISCOUNT AMOUNT NO$ AMOUNT 751.37CR 058953 751.37 99.000R 058954 99.00 100.00CR 058955 100.00 211.82CR 058956 35.57CR 058956 247.39 85.40CR 058957 90.40CR 058957 90.40CR 058957 90.40CR 058957 356.60 240.000R 058958 240.00 31,203.84CR 058959 31,203.84 485.41CR 058960 485.41 31706.60CR 058961 3,706.60 354.000R 058962 354.00 lj031.86CR 058963 1,031.86 11324.00CR 058964 1,324.00 301.77CR 058965 301.77 1/07/2015 4:44 PM A / P CHECK REGISTER PAGE: 2 PACKET: 07152 Regular Payments 1.7.15 VENDOR SET: 99 HANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK Ve...aOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOI AMOUNT 14980 FORT BEND SERVICES, INC I-0193343-IN POLYMER R 1/07/2015 956.05CR 058966 956.05 1090 FUELMN I-NP43088473 12/15/14-12/21/14 R 1/07/2015 11520.88CR 058967 I-NP43132792 12/22/14-12/28/14 R 1/07/2015 11086.18CR 058967 I-NP43248074 12/29/14-1/4/15 R 1/07/2015 11483.20CR 058967 4,090.26 24140 GOVERNMENT FINANCE OFFICERS ASSOCIATION I-0182043 12/17/14 DAVENPORT 300193943 DUES R 1/07/2015 170.000R 058968 170.00 16860 GRAINGER I-9593165633 HOME DEPOT R 1/07/2015 396.75CR 058969 396.75 07630 GREEN, JOSHUA I-JOHNNYJOE12/31/14 FUEL R 1/07/2015 76.01CR 058970 76.01 02610 HD SUPPLY POWER SOLUTIONS C-2745421-00 WR159, C51 CLAMP WEDGE R 1/07/2015 196.55 058971 1-2736731-00 - WR1591 C51 CLAMP WEDGE R 1/07/2015 514.33CR 058971 317.78 1 HERNDON, EVELYN I-HERNDON 12/21/14 CON DEPOSIT R 1/01/2015 100.00CR 058972 100,00 07750 HOME DEPOT/GEOE C-131203 HOME DEPOT R 1/07/2015 598.00 058973 I-3853768 HOME DEPOT R 1/03/2015 1,265.000R 058973 I-561811 BAY LIGHTS/STORAGE BIN R 1/07/2015 324.000R 058973 I-1020230 BATTERIES/CHARGERS R 1/07/2015 237.94CR 058973 I-7650872 HOME DEPOT R 1/07/2015 190.29CR 058973 I-7691157 HOME DEPOT R 1/07/2015 86.82CR 058973 1,506.05 L. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT I-INV-0000011554 BASIC WATER CLASS NIXON R 1/07/2015 240.000R 058974 240.00 26670 NORTH TEXAS LIBRARY CONSORTIUM I-2015-011 ANNUAL MEMBERSHIP R 1/07/2015 505.15CR 058975 505.15 25830 PACHECO KOCH, LLC I-31427 MCREYNOLDS RD RECON R 1/07/2015 361445.00CR 058976 36,445.00 11690 PITNEY BOWES - RESERVE ACCOUNT I-JAN 2015 POSTAGE METER 38934485 R 1/07/2015 300.000R 058977 300,00 1/07/2015 4:44 PM A / P CHECK REGISTER PAGE: 3 PACKET: 07152 Regular Payments 1.7.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VEn�OR NAME / I.D. DESC TYPE DATE DISCOUNT MOUNT NO@ AMOUNT 22880 PRODUCTIVITY CENTERO INC. I-SPDO46 TCLEDDS 2/2015-2/2016 R 1/07/2015 317.000R 058978 317.00 25020 SANGER HARDWARE I-A52165 MISC SUPPLIES R 1/01/2015 3.79CR 058979 I-A52192 NISC SUPPLIES R 1/01/2015 7.56CR 058979 I-A52246 MISC SUPPLIES R 1/07/2015 30.66CR 058979 I-A52387 MISC TOOLS R 1/03/2015 48.73CR 058979 I-A52599 MISC SUPPLIES R 1/07/2015 2.79CR 058979 I-A52676 MISC SUPPLIES R 1/07/2015 5.84CR 058979 I-A52684 MISC SUPPLIES R 1/07/2015 9.73CR 058979 I-A52717 MISC SUPPLIES R 1/07/2015 21.51CR 058979 I-A52723 MISC SUPPLIES R 1/07/2015 7.59CR 058979 I-A52730 MISC SUPPLIES R 1/07/2015 29.97CR 058979 I-A52788 MISC SUPPLIES R 1/07/2015 23.97CR 058979 I-A52801 MISC SUPPLIES R 1/07/2015 3.99CR 058979 I-A52806 MISC TOOLS. R 1/07/2015 14.59CR 058979 I-A53127 MISC SUPPLIES R 1/07/2015 127.56CR 058979 I-A53129 MISC SUPPLIES R 1/07/2015 11.99CR 058979 I-A53246 MISC TOOLS R 1/07/2015 19.58CR 058979 I-1119718 MIS SUPPLIES AS NEEDED R 1/07/2015 127.96CR 058979 497.81 *VOID* VOID CHECK V 1/07/2015 058980 **VOID** 16240 SCHAD s PULTE I-94149 02 REFILL LEASE - R 1/07/2015 19.000R 058981 19.00 25590 SCHNEIDER ENGINEERING I-000000025154 ERGOT TRANS OPERATOR DESIGN R 1/07/2015 542.50CR 058982 542,50 1P'"n STERICYCLE 1-4005285004 EMS SUPPLIES R 1/07/2015 110.35CR 058983 110.35 26490 TEAGUE NALL AND PERKINS, INC I-13247-12 CDBG SEWER PROJECT R 1/07/2015 11986.23CR 058984 1,986.23 02690 TECHLINE, INC. 1-1462908-00 SLEEVES, RELAYS, LOCKS R 1/07/2015 570.000R 058985 I-1463526-00 BOLT PATTERN CONDUIT R 1/07/2015 1,092.000R 058985 I-1463599-00 LAMPS R IJ07/2015 168.000R 058985 I-1463600-00 DUPLEX ON WIRE R 1/07/2015 290.000R 058985 2,120,00 PAGE: 4 1/07/2015 4:44 PM A / P CHECK REGISTER PACKET: 07152 Regular Payments 1.7.15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VL,...JR NAME / I.D. BEST 08970 TEXAS METER 6 SEVIER CO I-198417 WATER REPAIR PARTS 18410 TEXAS STATE BOARD OF PLUMBING EXAMINERS I-2015 2891 DOUTHITT LICENSE RENEWAL 00100 TMRS I-RET12.26.14 PY PINES I-RETpyl2.12.14 INDS 19260 TYLER TECHNOLOGIES I-025-112"8 US ONLINE JAN 2015 I-025-112879 WEBSITE HOST/SUPPORT 24910 WELLSPRING INSURANCE I-1107 CONSULTING JAN 2015 03680 WHITMIRE LINE CLEARANCE, INC I-SN14-10011 'TREE TRIMMING 04790 DENTON COUNTY TAX ASSESSOR I-2014-2015 COLLECT 2014-2015 COMMISSION REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: DOTAL ERRORS: 0 TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 1/07/2015 R 1/07/2015 R 1/07/2015 R 1/07/2015 R 1/07/2015 R 1/07/2015 R 1/07/2015 R 1/01/2015 p 12/29/2014 CHECK CHECN DISCOUNT AMOUNT Not AMOUNT 466.60CR 058986 466.60 55.000R 058987 55.00 16,403.34CR 058988 18,666.'27CR 058988 351070.11 110.000R 058989 125.000R 058989 235.00 21000.00CR 058990 21000.00 11451.000R 058991 1451.00 21675.13CR 000000 2,675.13 NO$ pISCOUNTS CHECK AMT TOTAL APPLIED 38 0.00 130, 175.99 130,175.99 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 2, 675.13 21675.13 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 90 0.00 132,850.62 132, 850.62 i'rom: Mike once lmbrice@sangertexas.orgj Sent: Thursday, December 11, 2014 11:29 AM To: ttaber@sangertexas.org; cprice@sangertexas.org Subject: FW: 2014-2015 Interlocal Cooperation Agreement(s) for Ambulance and Fire Protection Services Attachments: 2015 - Sanger Fire.pdf; 2015 - Sanger Ambulance. pelf Importance: Nigh Follow Up Flag: Follow up Flag Status: Flagged Place on January agenda Mile Brice, Sanger City Manager From: David Pennington [mailto:dpenningtonCalsangertexas.org] Sent: Thursday, December 11, 2014 10:38 AM To: mbrice(&sangertexas.org Cc: Tami Taber Subject: FW: 2014-2015 Interlocal Cooperation Agreement(s) for Ambulance and Fire Protection Services Importance: High Copy of next year's agreements, we need council approval. From: Jennifer Stout [mailto:Jennifer.Stout(a�dentoncounty.com] Sent: Monday, December 08, 2014 12:44 PM To: Chief David Pennington Cc: Kelly Huschke Subject: 2014-2015 Interlocal Cooperation Agreement(s) for Ambulance and Fire Protection Services Importance: High Sanger Volunteer Fire Department Attention: Fire Chief David Pennington — dneunineton(asaneertexas.orE Re: 2014-2015 Interlocal Coopet•aHon Agreements) for Ambulance and Fire Protection Services Dear Chief Pennington: Attached please find original Interlocal Cooperation Agreements for Fire Protection Services and/or Ambulance Services between the Sanger Volunteer Fire Department and Denton County. Please download three (3) originals of each Agreement, review, obtain the necessary approval and have each Agreement signed. Please return all signed originals (3 Ambulance and 3 Fire) to me at the address listed below. The Agreements will be placed on the agenda for Commissioners Court approval upon receipt in this office. A fully executed original of each Agreement will be returned to you upon approval. Your immediate attention to this matter would be appreciated. The 2013-2014 Agreements expired on September 0, 2014. Thank you in advance for your cooperation and assistance in this matter. Should you have any questions and/or concerns, p1ease do not hesitate to contact me at 940-349-2753. TI3E COUNTY OF DENTON § § SANGER VOLUNTEER FIRE § DEPARTMENT —AMBULANCE § SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT, which has an effective date of October 1, 2014, is made and entered into by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Sanger Volunteer Fire Department, a non- profit agency, located in Denton County, Texas, hereinafter referred to as "the AGENCY" WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is anon -profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pnsuant to the provisions of Texas Govermrnent Code, Chapter 791 and Texas Health and Safety Code, Section 774.003, and 2014-2015 Lrterlocal Cooperation Aaeement-Ambulance Sewices/Sanger - Page 1 of7 NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: TERM The term of this Agreement shall be for the period beginning of October 1, 2014, and ending on September 30, 2015. II. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. "Rural area" means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. III. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in 2014-2015 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 2 of 7 the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV, PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insme the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $131,159.00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .5046 per capita; said sum computes to $7,337.34. 2. A fixed sum of $248.9627 per ambulance transport for an estimated maximum amount of $45,560.17. Said sum is based upon 183 transports made by the AGENCY in fiscal year 2014. 3. A fixed sum based on 113.78 rural miles in the agreed operating territory; said sum computes to $78,261.38. 2014-2015 interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 3 of 7 The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an "ambulance call" for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. VII. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissionsand negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003. This Agreement is made in contemplation of the applicability of these laws to 20142015 In[erlocal Cooperation Agreement -Ambulance Services/Sanger - Page 4 of 7 the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting parry if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. XI. TERMINATION This Agreement maybe terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either parry, the AGENCY shall be compensated pro rata for all services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, involved to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 2014-2015 Interlocat Cooperation Ageement-Ambulance Services/Sanger - Page 5 of 7 XIIL This Agreement represents the enthe Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid anA in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY: Denton County, Texas 110 West Hickory Street, 2°d Floor Denton, Texas 76201 Muy Hom Denton County Judge AGENCY: Sanger Volunteer Fire Department City of Sanger P.O. Box 1729 Sanger, Texas 76266 Name Title 2014-2015 Interbca(Cooperation AgreemenaAmbutance Services/Sanger - Page 6 of 7 Acting on behalf of and by the authority of Denton County Commissioners Court of Denton, Texas DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: BY: Assistant District Attorney Acting on behalf of and by the authority of the Sanger Volunteer Fire Department m APPROVEll AS TO CONTENT: BY: Denton County Fire Marshal AUDITOR'S CERTIFICATE I hereby certify that funds are available in the arnotmt of $ to accomplish and pay the obligation of Denton County under this Agreement. James Wells, Denton County Auditor 2014-2015Intedocal Cooperation Agreement-funbulauce Services/Sanger- Page 7 or7 0' �vEEI a "ea a o " z;s9' :� .` € ONE egs S`ax f> �:;.. sgas a= f ,`"g1is 4x 12_u• G`''? ° owz z ,• *} a3$;1' ii Sz d a•%853 �Z I I �xpJiSAID �I .# ox �� 3 IVJ A \ �r a o- 6 � LN I \ " L L} �i 1 J THE COUNTY OF DENTON § § SANGER VOLUNTEER FIRE § DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT, which has an effective date of October 1, 2014, is made and entered into by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Sanger Volunteer Fire Department, a non- profit agency, located in Denton County, Texas, hereinafter referred to as "the AGENCY". WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is anon- profit agency, duly organized and operating raider the laws of the State VT and engaged in the provision 4747 e protection services and related services for the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352, and NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: The term of this Agreement shall be for the period beginning of October 1, 2014, and ending September 30, 2015. II. SERVICES The services to be rendered in accordance with this Agreement by the AGENCY are the fire protection services normally rendered by the AGENCY to citizens of the City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the 2014-2015 Interlocal Cooperation Agreement — Fine Protection Services/Sanger- Page 1 of 6 COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement for the common good and benefit and to serve the public convenience and necessity of the citizens of the COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety and rescue services. The services to be rendered are as follows: A. The AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY. B. The AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as "Sanger" as set out in Exhibit "A". C. The COUNTY agrees that, in the event a fire in the AGENCY'S unincorporated designated area which the AGENCY considers to be of an incendiary nature and upon request by the AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. The AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of afire which the AGENCY considers to be of incendiary nature in the AGENCY's incorporated area upon request of the AGENCY. E. The AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 9060 Teasley Lane, Denton, Texas 76210-4010. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated area. The Denton County Fire Marshal shall provide the forms upon request from the AGENCY. F. The AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of the AGENCY, except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of the AGENCY's equipment and personnel, and the judgment of any such officer or employee as to such matters shall be the final determination. 2014-20t5Interlocal Cooperation Agreement —Fire Protection Services/Sanger- Pnge 2 of 6 The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of the COUNTY engaged in the performance of this Agreement for the mutual benefit of the COUNTY and the AGENCY. III. PERFORMANCE OF SERVICE The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. IV. The COUNTY agrees to pay to the AGENCY for the full performance of services as provided in this Agreement the sum of $10,000.00, payable upon execution of this Agreement, and further agrees to pay the sum of $500.00 per fire call in the designated unincorporated areas of the COUNTY from October 1, 2014, to September 30, 2015. The COUNTY anticipates the AGENCY to ran approximately 258 fire calls for a total funding of $129,000.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be $139,000.00. The COUNTY will make no payment to the AGENCY for service provided outside the agreed service district whether by Mutual Aid Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and in conformance with applicable state law. V. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. 2014-2015 7u[e�iocal Cooperation Agreement —Fire Protection Services/Sanger- Page 3 of 6 VI. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VII. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. VIII. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. IX. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. X. TERMINATION This Agreement may be terminated any time, by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to the termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 2014-2015 Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 4 of 6 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XI. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, involved to the extent permitted by law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIII. LAW OE CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XIV, SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. AUTHORITY The undersigned officer or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. 2014-2015 Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 5 of 6 XVI. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY AGENCY Denton County, Texas Sanger Volunteer Fire Department 110 West Hickory Street, 2nd Floor P.O. Box 1729 Denton, Texas 76201 Sanger, Texas 76266 Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: BY: Assistant District Attorney By _ Name Fire Chief Acting on behalf of and by the authority of the Sanger Volunteer Fire Department DATED: APPROVED AS TO CONSENT: BY: Denton County Fire Marshall AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Contract/Agreement. lames Wells, Denton County Auditor 2014-2015 Interbcal Cooperation Agreement —Fire Protection Services/Sanger- Page 6 ofb • sj ' I ° l IIII _ gill;= " rf x a 14 ry c° �FM ri Ir IL eeeee ee lo — 4 - ol IF] _ j L- I �r tir JL i 1fIIIIII �_� ,. ORDINANCE #01A145 AN ORDINANCE ESTABLISHING GUIDELINES FOR COMMERCIAL FILMING IN THE CITY OF SANGER, TEXAS; ESTABLISHMENT OF A COMMERCIAL FILMING APPLICATION AND PERMIT; AND, PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND, PROVIDING A CONFLICTS CLAUSE; AND, PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Sanger ("City") is a home rule City with a Charter approved by the Voters of the City pursuant to Article II, Section 5 of the Texas Constitution, and, WHEREAS, the City of Sanger recognizes that on -location commercial filming is good business for the community and can have a positive impact on the local economy; and, WHEREAS, the Texas Film Commission has established the Film Friendly Texas program in an effort to help commlllI ities effectively handle on -location filming; and, WHEREAS, the adoption of filming guidelines and permit regulations are a requirement in order for a city to be branded as Film Friendly Texas Community; and, WHEREAS, the City Council finds and concludes that amending the Sanger Code of Ordinances relating to commercial on -location filming is in the best interest of the public and in support of the health, safety, morals and general welfare of the City, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SANGER, TEXAS: SECTION l . Guidelines for Filming Permit Regulation Ordinance are hereby to read as follows: GUIDELINES FOR COMMERCIAL FILMING IN THE CITY OF SANGER LPURPOSE The following guidelines are intended to protect the personal and property rights of our Sanger, TX residents and businesses. The City Manager reserves the right to impose additional regulations in the interest of public safety if deemed necessary. These guidelines cover requests for commercial use of City -owned property (streets, right -of- ways, parks, public buildings), commercial use of private property which may affect adjacent public or private property, and the use of City equipment and personnel in the filming of movies, TV shows, commercials, and related activities. II. CITY CONTROL/CITY MANAGER AUTHORITY The City Manager may authorize the use of any street, right -of --way, or public building, equipment or personnel for commercial uses in the filming or taping of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the City Manager may require that any or all of the conditions and/or remuneration as specified on the application as shown in EXHIBIT A be met as a prerequisite to that use. The applicant agrees that The City of Sanger, TX shall have full control over the use of public streets and buildings of the City while being used, as well as control over the hours of production and the general location of the production. The City reserves the full and absolute right to prohibit all filming or to order cessation of filming if determined to be detrimental to the public health, safety and welfare. The applicant shall agree to allow Lite respective City departments (i.e., Police, Fire, Building) to inspect all structures and/or devices and equipment to be used in connection with the filming and taping if required by the City Manager, III. PERMIT REQUIREMENTS Before filing an application for filming in Sanger, TX, the Office of the City Manager must be contacted to discuss the production's specific filming requirements and the feasibility of filming in Sanger, TX. Any commercial producer who desires to undertake a commercial production in Sanger, TX is required to complete and return the application for filming to the Office of the City Manager, within the time frames below: • Commercials or episodic television: a minimum of two (2) business days prior to the commencement of filming or any substantial activity related to the project. • Feature films: a minimum of five (5) business days prior to the commencement of filming or any substantial activity related to the project. IV. FEES An application processing fee of $25.00 should accompany each application for filming in Sanger, TX. The City Manager may waive this fee upon proof of an organization's non- profit status, or for any other reason deemed necessary. V.USE OF CITY EQUIPMENT AND PERSONNEL The applicant will agree to pay for• the costs of any Police, Fire, Public Works, or other City personnel assigned to the project (whether specifically requested by the production or not). Remuneration rates for the use of any City equipment, including police cars and fire equipment, will be established on a case -by -case basis as determined by the City Manager. The applicant will agree to pay in full, promptly upon receipt of an invoice, the charges incurred. The City Manager may, at his/her discretion, require an advance deposit for the use of the equipment. The City Manager in consultation with the Chief of Police and/or Fire Chief shall have the authority to stipulate additional fire or police requirements and level of staffing for same, at any time during a film project if it is determined to be in the best interest of public safety, health and welfare, which cost shall be borne by the Applicant. Off -duty police officers and firefighters shall be paid by the production company at a rate no less than one and one-half their hourly rate based on their rank. VI. USE OF CITY PROPERTY The City Manager may authorize the use of any street, right -of --way, or public building, use of Sanger, Texas name, trademark or logo and/or use of City equipment and/or personnel for commercial uses in the production of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the City Manager may require that any or all of the conditions and/or remuneration as specified on the application be met as a prerequisite to that use. A security or damage deposit may be required based on production activity. Depending upon the extent of the use of City property, the Applicant agrees to reimburse the City for inconveniences when using public property. Following is the rate schedule: Activity I per Calendar Day) Total or disruptive use (regular operating hours) of a public $500 building, park, right-of-way, or public area Partial non -disruptive use of a public building, park, right -of- $250 way, or public area Total closure or obstruction of public street or right-of-way, including $50 per block parking lots and on -street parking (for filming purposes) Partial closure or obstruction of public street or right-of-way, $25 per block including parking lots and on -street parking (for filming purposes) Use of City parking lots, parking areas, and City streets (for the $50 per block or lot purpose of parking film trailers, buses, catering trucks, and other large vehicles) The applicant agrees that The City of Sanger, Texas, shall have full control over the use of its name, trademark, logo, public streets and buildings of the City while any are being used, as well as control over the hours of production and the general location of the production. The City reserves the full and absolute right to prohibit all filming or to order cessation of filming activity if it is determined to be hazardous to the public health, safety and welfare. VL SPECIAL EQUIPMENT, VEHICLES AND FOOD SERVICE The applicant shall provide a report listing the number of vehicles and types of equipment to be used during the filming, including proposed hours of use and proposed parking locations. Such locations will need to be specifically approved by the City so as to maintain traffic safety. On- street parking or use of public parking lots is subject to City approval. The use of exterior lighting, power generators, or any other noise- or light -producing equipment requires on -site approval of the City Manager. Any catering service or food preparation is subject to City inspection and approval. VII. HOURS OF FILMING Unless permission has been obtained from the City Manager in advance and affected property owners, tenants and residents have been notified, filming will be limited to the following hours: Monday through Friday, 7:00 a.m. to 9:00 p.m., and Saturday, Sunday and holidays, 8:00 a.m. to 8:00 p.m. VIII. NOTIFICATION OF NEIGHBORS The applicant shall provide a short written description, approved by the City Manager, of the schedule for the proposed production to the owners, tenants and residents of each property in the affected neighborhood (as defined by boundaries set by the City Manager). The applicant, or his or her designee, shall make a good faith effort to notify each owner, tenant and resident of all such property, and shall submit, as part of this application, a report noting each owner, tenant or resident's comments, along with their signatures, addresses and phone numbers. Based upon this community feedback, the City Manager may grant or deny the filming application. IX. CERTIFICATE OF INSURANCE The producer shall attach a certificate of insurance, naming The City of Sanger, TX as an additional insured, in an amount not less than $1,000,000 general liability, including bodily injury and property damage with a $5,000,000 umbrella; and automobile liability (if applicable) in an amount not less than $1,000,000 including bodily injury and property damage. X. LIABILITY The applicant agrees to pay in full, promptly upon receipt of an invoice, the costs of repair for any and all damage to public or private property, resulting from or in connection with, the production, and restore the property to its original condition prior to the production, or to better than original condition. XI. HOLll HARMLESS AGREEMENT The producer shall sign the following Hold IIarmless Agreement holding the City harmless from any claim that may arise from their use of designated public property, right-of-way, or equipment in conjunction with the permitted use: I certify that I represent the fii°m which will be performing the filming/taping at the locations specified on the attached permit application. I further certify that I and my firm will perform in accordance with the directions and specifications of The City of Sanger, TX, and that I and my firm will indemnify and hold harmless The City of Sanger, TX for and from any loss, damage, expense, claims and costs of every nature and kind arising out of or in connection with the filming/taping pursuant to this permit. I further certify that the information provided on this Application is true and correct to the best of my knowledge, and that I hold the authority to sign this and other contracts and agreements with the City of Sanger on behalf of the firm. Signed: Title: Date: SECTION 2. CONFLICTS This ordinance shall be cumulative of all provisions of ordinances and the Code of the City of Sanger, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances or Code provisions, in which event the conflicting provisions of such ordinances are hereby superseded. SECTION 3. SEVERABILITY CLAUSE If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. PENALTY Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violations occurs or continues. SECTION 5. EFFECTIVE DATE This ordinance shall become effective fiom and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS ON THE 20TH DAY OF JANUARY 2015.. APPROVED: Thomas Muir, Mayor ATTEST: Tami Taber, City Secretary APPLICATION FOR COMMERCIAL FILMING IN THE CITY OF SANGER We of Project: Type of Production: Commercial Feature Film Television Training Film Public Service Announcement Other Location of filming: Date(s) and Time(s) of filming: Contacts: Production Office: Name: Address: Phone: Fax: Producer: Name: Address: Phone: Fax: Location Manager: Name: Address: Phone: Fax: Texas Film Commission Representative: PRODUCTION (Attach additional sheets if necessary.) 1. Production schedule and activities, including stunts, pyrotechnics, special effects, aerial photography, amplified sound or use of animals: (Give dates and times and rain dates. Hours should include set-up, holding of sets and restoration.): 2. Number of persons involved with the production, including cast and crew: 3. Anticipated need of City personnel, equipment or property: 4. Describe any areas in which public access will be restricted during production: 5. Describe alterations to property: 6. Number and type of production vehicles to be used and location(s) where vehicles will be parked: 7. Location where crew will be fed, if not at production location: 8. Location where extras will be held, if not at production location: 9. Map of anticipated street closures) or other public area use. Application completed by: Name/Title: Approved by: The "Rules for Filming in Sanger, Texas apply to all filming activities, and the Office of the City Manager may require the applicant to acknowledge receipt of the Rules prior to approving this application, CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑Yes ®Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewedby Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: January 20, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials /1 Date P_ ! 4<' ACTION REQUESTED: ®ORDINANCE 01-02-15 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Adopt Ordinance 01-02-15 Changing the Name of Branding Iron Drive to Sanger Circle Drive FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM In July 2014, Sanger Land Development LLC, the developer of Sanger Circle (formerly called Trails of Sanger) requested to change the names of two existing streets. Silver Spur Drive was changed to Sanger Circle Drive. Also, Stagecoach Trail was changed to Lakepark Drive. The applicant is requesting to change the name of the existing Branding Iron Drive to Sanger Circle Drive, Branding Iron Drive was platted as a north -south road at the western end of Lakepark Drive, just beyond the Trails of Sanger apartment complex, but has not yet been constructed, and is unoccupied. The applicant's master plan for the development of Sanger Circle will connect the former Silver Spur Drive with Branding Iron Drive. The proposed ordinance would change the name of Branding Iron Drive to match the other street, where it would connect to Marion Road. STAFF OPTIONS & RECOMMENDATION Staff recommends the Council adopt the ordinance changing the name of Branding Iron Drive to Sanger Circle Drive. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Proposed Ordinance 01-02-15 Agencies: • Map of Subject Streets None • Sanger Circle Master Plan ORDINANCE OIA245 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, CHANGING THE NAME OF BRANDING IRON DRIVE TO 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 developer of the Sanger Circle subdivision has requested to change the name of existing streets in the area; and WHEREAS, the City has found the proposed names to be acceptable; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section I The full extent of Branding Iron Drive in the City of Sanger is hereby renamed to Sanger Circle Drive. 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 20th day of January 2015. APPROVED: Mayor Thomas Muir ATTEST: City Secretary Tami Taber A T' , ti • SANGER,IN Trails of Sanger Apartments PROF.` OFFICE CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance I ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: January 20, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials -2__, = a Date ACTION REQUESTED: ®ORDINANCE 01-03-15 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Adopt Ordinance 01-03-15 Amending the Zoning Ordinance for Section 24 B-3 Central Business District, Changing the Approval Body for Major Development Projects to the Planning & Zoning Commission FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS []OPERATING EXPENSE [:]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM In 2010, the Historic Preservation Commission (HPC), the Planning & Zoning Commission (P&Z), and the City Council adopted several amendments to the Zoning Ordinance in order to implement the goals and objectives of the 2007 Comprehensive Land Use Plan (CLUP). One of the amendments was to the B-3 Central Business District, described in Section 24. One amendment added an item (24.5) that would require construction projects to include the design elements identified in the Chapter 8 of the 2007 CLUP whenever possible. Another item (24.6) established the review process for proposed new buildings and proposed building changes to demonstrate compliance with the design elements. Major projects would be reviewed by the HPC. The HPC has not met regularly since 2012, due mainly to a lack of regular workload. It is impractical at present to assemble a separate body to serve as the HPC to process an item like this. The P&Z has regularly been able to assemble a quorum and take action on zoning, platting, and development proposals. The proposed amendment would replace the HPC as the approval body for major projects with the P&Z. A permit for a major permit would require a finding of conformance from the P&Z. The ordinance would still permit the Director to forward to P&Z any minor project that he/she could not approve. And a denial by the P&Z could still be appealed by the applicant to the City Council, STAFF OPTIONS & RECOMMENDATION Staff is recommending the Planning & Zoning Commission amend this sentence of Item 24.6 of the Zoning Ordinance, with deletions in strike„t at�thsoagh and additions in underline: Major projects must be reviewed by the 44i8t^"i^ Preservation Planning & Zoning Commission, and approved prior to issuance of a building permit, List of Supporting Documents/Exhibits Attached: Prior Acfion/Review by Council, Boards, Commissions or Other • Proposed Ordinance 01-03-15 Agencies: Y Zoning Ordinance Section 24 B-3 Central On January 12, 2015, the Planning & Zoning Commission Business District unanimously recommended approval of the amendment. ORDINANCE 01-03-15 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE ZONING ORDINANCE SECTION 24 B-3 CENTRAL BUSINESS DISTRICT; 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 Historic Preservation Commission was charged with the responsibility for conducting architectural reviews for major projects within the B-3 Central Business District; and WHEREAS, transferring that responsibility to the Planning &Zoning Commmission would better serve the public; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 Item 24.6 Architectural Review of the City of Sanger Zoning Ordinance Section 24 B-3 Central Business District is hereby amended to read as follows, with deletions in strikethreugh and additions in underline: 24.6 Architectural Review: Applications for a building permit or other required permit for construction work within the district must be reviewed and approved for compliance with the Architectural Standards prior to issuance. A minor project is an alteration that does not remove or conceal the heritage elements. A major project is one that removes or conceals heritage elements, one that adds contrasting elements, and/or a new structure greater than 200 square feet. The design of minor projects can be approved by the Director of Development Services. Designs which cannot be approved by the Director must be forwarded to the Historic Preservation Commission for consideration. The Director can forward a proposed design to the Historic Preservation Commission for any reason. Major projects must be reviewed by the u:.....r:0 n«e..en...k:,.n planning & Zoning Commission, and approved prior to issuance of a build ng permit. The Commission shall also review minor projects forwarded by the Director of Development Services. The Commission can make a finding of conformance with Architectural Standards and approve the design for issuance of a permit. Denial of a proposed design for lack of conformance with the Architectural Standards may be appealed by the applicant to the City Council. 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 201h day of January 2015, APPROVED: Mayor Thomas Muir ATTEST: City Secretary Tami Taber City of Sanger SECTION 24 "B-3" CENTRAL BUSINESS DISTRICT General Purpose and Description: The "13-3" district is intended to provide a zoning category to meet the special needs and interests of the historically central commercial area of the community. A variety of commercial uses are permitted although all permitted activities are conducted within a building or structure. 24.1 Use Regulations: A building or premises] shall be used only for the following purposes: Uses permitted in the B-1 district. 2. Single-family residential attached and multi -family dwellings. Other uses as listed in Section 30 of this ordinance [exhibit]. 24.2 Height Regulations: No building shall exceed thirty-five (35) feet in height, except cooling towers, vent stacks or mechanical equipment rooms may project not more than twelve (12) feet beyond maximum building height. 24.3 Area Regulations: Size of Yard: a. Front Yard: None required. b. Side Yard: None required, except where a B-3 district abuts a residential district in which case a minimum side yard of ten (10) feet shall be provided. The side yard setback from a side street shall be fifteen (15) feet. c. Rear Yard: None required, except where a B-3 district abuts a residential district (whether separated by an alley or not) in which case a minimum back yard of ten (10) feet shall be provided. 2. Size of Lot: a. Minimum Lot Size: None. b. Minimum Lot Width: None. I Minimum Lot Depth: None, 3, Lot Coverage: The maximum lot coverage by buildings shall be one hundred (100) percent of the lot area. Zoning Ordinance City of Sanger 24.4 Parking Requirements: Off-street parking and loading shall be provided as set forth in Section 32, with the first twenty (20) required off-street parking spaces being subtracted from the total number required. 24.5 Architectural Standards: The exterior design of buildings within the district shall feature the architectural elements identified within Chapter 8 Heritage Preservation of the 2007 Comprehensive Land Use Plan. Existing exterior details shall be preserved whenever possible. New structures shall replicate the style, scale, placement, awnings, and canopies of existing buildings within the same block whenever possible. 24.6 Architectural Review: Applications for a building permit or other required permit for construction work within the district must be reviewed and approved for compliance with the Architectural Standards prior to issuance. A minor project is an alteration that does not remove or conceal the heritage elements. A major project is one that removes or conceals heritage elements, one that adds contrasting elements, and/or a new structure greater than 200 square feet. The design of minor projects can be approved by the Director of Development Services. Designs which cannot be approved by the Director must be forwarded to the Historic Preservation Commission for consideration. The Director can forward a proposed design to the Historic Preservation Commission for any reason. Major projects must be reviewed by the Historic Preservation Commission, and approved prior to issuance of a building permit. The Commission shall also review minor projects forwarded by the Director of Development Services. The Commission can make a finding of conformance with Architectural Standards and approve the design for issuance of a permit. Denial of a proposed design for lack of conformance with the Architectural Standards may be appealed by the applicant to the City Council. (Ordinance 02-04-10 adopted 2/1/10) Zoning Ordinance Chapter N. Heritage Preservation Sanger has a rich heritage that is present in much of its existing structures. Although there are significant residential structures with historic significance, the focal of the historic emphasis should first be the commercial downtown. The historic interests in the City should determine, with the City government, the nature and focus of historical efforts within the city. At a very minimum, the City should consider establishing basic regulations that preserve and encourage the rural heritage of the city. This will require the historic preservation ordinance and in addition to zoning criteria to enforce any such historic preservation efforts. Further efforts should be addressed as a follow-up to this Comprehensive Plan. Among those efforts include: ➢ Identification and establishment of a historical district. ➢ Adoption of zoning regulations nL the historical district. ➢ Historical Preservation Commission to promote preservation of commercial and residential structures. ➢ Preparation of a Historical Design Guideline for Commercial and Residential structures. ➢ Preparation and adoption of a Historic Preservation Plan. Historic or Heritage preservation efforts should include at a minimum the following elements: ruql CITY OF SANGER Page 77 V99-n n 4? COMPREFIENSIVE LAND USE PLAN Heritage Preservation Heritage Element — Commercial Styles The structural styles found in the Sanger downtown are generally of three styles, as defined by the National Trust for Historic Preservation, as defined in The Buildings of Main Street — A Guide to American Commercial Architecture. Future construction and reconstruction should be consistent with the design characteristics contained there in. Most of the structures are comprised of a One - Part Commercial Block, Enframed Window Wall, or Two -Part Commercial Block style. The scale of future construction should be consistent with these styles. The One -Part Commercial Block style is simple box construction that has a decorative facade and definite urban characteristics. It is a common style that is prevalent in small towns across Texas. Most of these structures were constructed in the late 1901 century and early 20t', century. A sizable wall area often exists between the windows and the cornice for the purpose of providing for advertisements and to make the structure appear to be larger than it actually is. In comparison the Enframed Window Wall style was a product of the early 20's century, with its popularity extending into the 1940's. Although, the units located in the above photograph all have period awnings, the enframed window structures often did not have an awning at all. These structures accented the advertising nature of the contents within the window by framing large expanses of glass with little or no wall structure between them. The Two -Part Commercial Block style was the most common style of commercial structure that was used for small and modest -sized structures. These structures were generally limited to two to four stories in height. There are only two story structures located in Sanger. This style was prevalent within the time period of 1850 to 1950. The two parts reflect the different uses CITY OF BANGER COMPREHENSNE LAND USE PLAN Page 78 (1 n Heritage Preservation of the structures on the different floors. The first floors were generally retail and service commercial uses. The upper story was utilized for uses that were more private and less intense than the first floor. The uses on the second floor could consist of office space, hotel rooms, meeting rooms, and even residential spaces. Heritage Elements Scale and Placement When we consider scale and placement for structures in the Sanger downtown area it is important that we realize that a reasonable rule of thumb is to maintain the consistency of the existing structures. Currently, the majority of structures are single story. All of the two story structures are of a Two -Part Commercial Block style. Therefore any future structure should be of a similar style. However, even then, it would be uncharacteristic to construct any two story mid - block. Most of the Two -Part Commercial Block structures are located on the corners. All future construction should be of either the One -Part Commercial Block, Enframed Window Wall, or Two -Part Commercial Block. An illustration pertaining to the relationship of sizes of structures placed in inf ll sites is provided as follows. Heritage Element —Original Structure Design In order to maintain the Heritage of the Sanger downtown, it is important that the original style of construction be maintained. As identified earlier, the three basic styles of One -Part Commercial Block, Enframed Window, and Two -Part CITY OP SANGER COMPREFIENSIVE LAND USE PLAN Page 79 n n g? Heritage Preservation Commercial Block should be applied for any new construction located within the designated heritage overlay area. In addition, any reconstruction or remodeling should also encourage the removal or modern storefront modifications. Many communities have had business owners apply false facades to the original buildings. This often consists of aluminum siding or construction of mansard type construction on the original commercial facility. Remodeling and reconstruction should not encourage the construction of such facades and should encourage the removal of any existing modernization of the original structure. Heritage Element: Awnings and Canopies. Awnings and canopies have always added both a design feature as well as a functional element to the front of commercial buildings. Whereas the 'bubble' style of awnings is functional and appropriate at some locations, they are not appropriate for the Heritage area. Awnings and canopies that are historically significant are 'rolled' awnings or 'flat' canopies. Awnings and canopies should be made of canvas or metal, which are characteristic of historic commercial buildings. In addition, the placement of awnings should relate to each individual window and not extend continuously across the face of the building incorporating all the windows under one awning. Heritage Element —Signs It is apparent that the signs located in the Heritage District should be such that they do not detract from the historical character of the area. Regulations should be adopted that reflect the appropriate signage that is permissible within the district. There are some rule of thumb parameters that should be considered, and may be incorporated into regulation at a later date. CITY OF BANGER COMPREHENSNE LAND USE PLAN Heritage Preservation Avoid clutter and limit the number and size of the signs. Where this has already occurred, future permits and development of the property will correct over time. Signage should be integrated into the design of the building where at all possible. Smaller signs are encouraged that are pedestrian in scale. These are signs that are not required to be of a size that they can be read from a moving veh cle. These signs include projecting signs over the walkway, awning signs, and sandwich boards. The signs should be limited to generally one to business on structures that have multiple businesses. Prohibited signs include roof -mounted signs, off -premise signs, flashing light signs, or neon signs. It is preferred that the lighting of signs not be backlit. CITY OF BANGER COMPREHENSNE LAND USE PLAN Page 81 f n n 4� Heritage Preservation Preservation Plan Efforts with Lite City of Sanger have determined that Lite desire of the City is to maintain the visual impact of the City's early heritage. Although adherence to historic preservation principles will be encouraged, the design criteria for the Heritage area will use historical architectural guidelines to protect the appearance of historical areas. The desire is to maintain the character of the early heritage of the City. This does not mean that historical accuracy will be ignored; rather it intends to provide flexibility in maintenance and new construction within the Heritage area. The approach to preserving the physical history of buildings and places is a very subjective thing for municipalities. Likewise there are numerous programs and processes that may be selected to accomplish the desired end. There is no mandatory rule regarding action or process that a City must observe. Depending on the individual interest and commitment there are a number of directions in which Sanger could choose that would provide reasonable attention to the historic needs of the City. None of these directions or efforts is a prerequisite for the other, although there is a logical sequence in which some of them occur. In addition, all or any combination of these efforts may be appropriate for the City to pursue, depending on the desire and interest of the City: ➢ Identify Historic Preservation needs in the Comprehensive Plan. ➢ Prepare a Historic Preservation Plan for Sanger. ➢ Adopt a Historic Preservation Overlay District and/or Design Guidelines in the Zoning Ordinance. ➢ Prepare a Historic Preservation Design document. ➢ Support Historic Preservation Commission. ➢ Conduct a Historic Structure Survey (THC). ➢ Acquire certification as Certified Local Government, Heritage Preservation Needs in the Comprehensive Plan Historically, the Comprehensive Plan has identified actions that need to be addressed to assure the orderly and appropriate development of land uses for a CITY OF SANGER Page 82 n n COMPREHENSIVE LAND USE PLAN Heritage Preservation community. Preservation of historic structures and places is not always a central theme in many Comprehensive Plans. However, when the goals and objectives of future development determine that preservation of the historic heritage is a critical element of the growth of a municipality it should be addressed in the plan. It is not necessary that a detailed historic preservation plan be provided in the Comprehensive Plan. In fact, simply to identify the needs, give basic direction as to the City's goals for historic places and locations, and designate a boundary may be adequate information in a Comprehensive Plan. Identification of the historic direction of the City in the Comprehensive Plan will provide authority and justification for further action in that area by the City. Zoning ordinances are authorized and justified by the state statutes when they are developed in accordance with a Comprehensive Plan. So, although detail information is not provided in the Comprehensive Plan, revisions and amendments to zoning ordinances and future detailed studies may be a logical outgrowth of identifying the historic needs in the Comprehensive Plan. Therefore, in any future update of the Comprehensive Plan the topic must be addressed. Preparation of Heritage Preservation Plan Typically, once a city has identified the need to document its historic development needs, a more detailed study will follow as an outgrowth of the Comprehensive Plan. In particular, the Preservation Plan would identify locations of particular historic interest, identify and describe individual structures of historic interests, and possibly identify structures that have historic significance that may not particularly be considered as being qualified for the state and national historic register. The Heritage Preservation Plan will identify speafic needs and approaches to historic efforts by the C ty. Spec fic plans regarding urban design of the streetscapes will be provided. Themes for development of particular areas such as the core business area, adjacent historic homes, and business corridors will be selected and presented. This process usually involves persons who have particular interests in historic character of the community and by all means it would include the property owners. This document would function as the base document for detailed implementation documents, which may include regulatory documents. In addition, it may me quite detailed regarding facades, signage, material, and design. The CITY OF BANGER COMPREHENSNF, LAND USE PLAN Page 83 �?�n n 42 Heritage Preservation document would certainly identify possible steps of implementation of the Heritage Preservation Plan and could be adopted by the Council as a Historical Preservation policy statement. Adopt a Heritage Preservation Overlay District and Design Guidelines At any time that the city determ nes that they have particular h storic characteristics within certain areas of the community they can establish rules and regulations governing how land is used and developed within those areas. The district regulations contained within the ordinance is totally dependent on the level of attention that the community wishes to pay to the designated areas. At a minimum, new construction will be required to promote the period or character of the existing structures. These regulations will likely require additional review requirements at the time of site plan approval or rezoning. Uses permitted within the district will be carefully limited to those uses that will enhance the historic theme of the district. Specific regulations regarding to signage, parking, and building material would also be addressed. It is important to note that, although architectural control is important the overlay district is not required to have an Architectural Control Board established to review any changes made to the structures. Many cities handle this with the Planning and Zoning Commission and Council. The Planning and Zoning Commission may have advisory bodies selected that can provide technical input by providing an independent architectural review; however, that is usually accomplished by independent sources knowledgeable in historic preservation techniques. Prepare a Heritage Preservation Design Document This document is an implementation tool for individuals responsible for historic preservation within the common ty. It is also a necessary document for property owners wishing to know what is required of new and rehabilitation construction for structures. This document is more detailed and specific than the Heritage Preservation Plan, described earlier. The design document outlines specific designs and treatment for structure and property located within the historic preservation area. It is not necessary to adopt the Heritage Preservation Design Document as part of the Heritage Preservation Overlay District. It can actually be adopted as a reference CITY OF SANGER Page 84 n n S4 COMPREHENSIVE LAND USE PLAN Heritage Preservation document to the Overlay District and the Heritage Preservation Plan. There are many communities that do not develop a Design Document but rely totally on the information provided in the Preservation Plan, Preservation Commission Communities recognize that there are people within the community who are particularly talented and gifted regarding working with historic structures and sites. It is often prudent to select a group of these people to serve as a committee to review proposed changes and applications of new construction and reconstruction within the designated Heritage area. The commission will use the adopted documents as their guide in their review of the submitted applications. The authority provided to this board maybe either advisory or regulatory. fit many cases the commission will act in an advisory capacity to the Planning and Zoning Commission and the City Council. However, the City may give the commission the level of authority that it deems required to fulfill the City's Heritage Preservation Goals. It must be noted that many cities that have active commission who function as regulatory bodies having authority to deny and approve submitted applications, also have paid staff members who work as liaison persons with that board. The commission may also be responsible for reviewing demolition requests as well as reviewing architectural enhancements and remodels. Conduct a Historic Structure Survey (THC) Cities may elect to participate in programs established by the Texas Historic Commission and/or the National Register of Historic Places. Listing n these registers is a highly selective process and requires that the property be evaluated by an extensive process. This is often aided by the Historic Structure Survey that is normally prepared in the preservations programs funded through and approved by the Texas Historical Commission. Although, a preservation program on which a municipality has based its regulatory documents does not require a historic structure survey, those that participate in the Texas Historic Commission and/or National Register of Historic Places do. The survey is an extensive documentation of the structures located within the area. The documentation generally defines architectural style and construction provides CITY OF BANGER COMPREHENSNE LAND USE PLAN Page 85 r��'�n n 4� Heritage Preseivation the construction date, provides historical information, and is accompanied by a photograph. If the City has chosen to participate in the state and national programs, a historic preservation plan following the THC guidelines must be prepared, and subsequently a Historic Structure Survey. Designation as a Certified Local Government An additional historic preservation resource is the designation of local governments as a "Certified Local Government." That designation permits the local government to receive technical assistance and grant funding, in small amounts, from the National Park Service. The designation is achieved by submitting application to the Texas Historical Commission. Grants and Funding Opportunities There are a number of avenues to search for grants and fimding of historic preservations effort. Funds from the Texas Historic Commission may be awarded to prepare historic preservation plans that meet their requirement. These funds can finance the study as well as the structural surveys needed to meet the historic preservation requirements. ht addition, private concerns may qualify for funding and tax relief when the property or structures have been identified and registered on the National Register. A city's approach to historic preservation is dependent on the desired level of involvement that it wishes to expend in that area. It is not necessary to attain the level of Certified Local Government or registry on the state and national level to vitiate efforts to preserve the heritage and character of a community. Many communities have established standards for local historic significance that are implemented by ordinance and regulations without pursuing the higher critical standard of state and national registry. The nature of historic preservation is that the level of involvement of the city may increase sequentially as the resources, both human and financial, increase. At this point in time, it is critical that the City establish at least a basic level of involvement. That involvement should, at least, include the establishment of a Heritage Preservation Ordinance that creates a basis for future efforts. Future historical preservation efforts can be built upon this basic effort as expertise, personnel, and funds are realized. These early basic efforts may include the establishment of a CITY OF BANGER COMPREHENSIVE LAND USE PLAN Page 86 Heritage Preservation citizens group that provides technical reviews of historic applications on an as needed basis. Sometime during the process, it is advisable that a set of guidelines, whether provided in the Heritage Preservation Plan or Heritage Preservation Design document be prepared to give the city and the applicant guidelines on which to base historic preservation decisions. The final determination as to the extent and level of participation in historic preservation efforts is founded on the desires of the City. However, at such time that extensive historical preservations efforts are needed, it is critical that personnel familiar with the historical preservation process be obtained to prepare and administer the programs. CITY OF BANGER COMPREHENSIVE LAND USE PLAN Page87 f l��n n g? Heritage Preservation CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Heating Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: January 20, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date r_ ,6! ACTION REQUESTED: ®ORDINANCE 01-04-15 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, Discuss, and Possibly Adopt Ordinance 01-04-15 Amending the Thoroughfare Plan FINANCIAL SUMMARY ®N/A [']GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The 2007 Comprehensive Land Use Plan (CLUP) includes Chapter 5 Thoroughfares. The chapter includes a map that designates different existing and future roads as thoroughfares and collectors. This map is used in reviewing proposed subdivisions and land developments, and in planning future capital improvements. The 2007 Thoroughfare Map is out of date, with several inaccuracies that make it impractical to use. Some roads are labeled incorrectly, some are in the wrong location, and some are difficult to determine their designation.Ideally, a thoroughfare plan should show the network of current and future arterials and significant collector roads, displaying their function at a conceptual level. Staff has drafted a new thoroughfare plan to replace the existing one. The most significant existing and future road segment have been identified and given a designation as one of the following classifications: • Principal Arterial — 4 lanes • Minor Arterial — 4 lanes • Collector — 2lanes All of these roads would be undivided. A principal arterial is designed to handle traffic at high speed with long stretches between stop signs or stop lights. A minor arterial would handle slightly less traffic with more frequent traffic control devices. A collector is wider than a typical local or residential street, and provides a connection between them and a larger arterial. The Public Works Department will prepare more detailed information about each of these road types, such as the width of the travel lanes, width of the right-of-way, design speed, etc. Once fmished, these will form a manual of street standards to guide future construction projects performed by both the City, and private developers. STAFF OPTIONS & RECOMMENDATION Staff recommends the Council adopt the proposed thoroughfare plan. List of Supporting DOCIDnents/EXhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Proposed Ordinance 01-04-15 Agencies: e List of Designated Thoroughfares On January 12, 2015, the Planning & Zoning Commission Proposed Thoroughfare Plan unanimously recomruended approval of the amended plan. ORDINANCE 01A445 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADOPTING THE 2015 CITY OF SANGER THOROUGHFARE PLAN; 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 needs an updated and improved thoroughfare plan; and WHEREAS, the City has prepared a new list of thoroughfare designations; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 The 2015 City of Sanger Thoroughfare Plan, attached to this Ordinance as Exhibit A, is hereby adopted, replacing the 2007 Thoroughfare Map. 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 20' day of January 2015, APPROVED: Mayor Thomas Muir ATTEST: City Secretary Tami Taber 2015 City of San er Thoroughfare Designations Street Segment Des,nation 5th Street All Collector 2 Lanes Belz Road All Minor 4 Lanes Chisam Road All Collector 2 Lanes Cowling Road All Minor 4 Lanes Duck Creek Road All Collector 2 Lanes FM 2164 All Minor 4 Lanes FM 455 / Chapman Drive All Principal 4 Lanes Future East-West Thoroughfare All Minor 4 Lanes Future Belz - Indian Connector All Minor 4 Lanes Hiding Road All Collector 2 Lanes Indian Lane North of Willow/McReynolds Minor 4 Lanes Future Indian Lane South of Willow/McReynolds Collector 2 Lanes Keaton Road All Collector 2 Lanes Lois Road Metz to Marion Minor 4 Lanes Lois Road Marion to Lake Ray Roberts Collector 2 Lanes Marion Road All Minor 4 Lanes Metz Road All Minor 4 Lanes Tejas Drive All Collector 2 Lanes Union Hill Road All Collector 2 Lanes Utility Road All Collector 2 Lanes View Road All Minor 4 Lanes Willow Street All Minor 4 Lanes !k)))))) {) ))) ) }) \ )))\\)) ~ :®§ ! j !,!!] ! /;! )/]/!}; /))] )\}) !{|!� �� 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: January 20, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval InitialsC Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS [']OTHER AGENDA CAPTION Consider, Discuss, and Possibly Approve a Development Agreement to Defer the Construction of Public Improvements for the Replat of Lots IA-8A, Block A, Marion Point Acres Addition FINANCIAL SUMMARY ®N/A [-]GRANT FUNDS []OPERATING EXPENSE []REVENUE❑CIP [:]BUDGETED❑NON-BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is approximately 25 acres located on the east side of Marion Road, north of FM 455. The applicant has submitted for approval a replat of the property. The replat dedicates rights -of -way for a street (natned Sanger Estates Drive) that provides access to the 8 lots created by the plat. The developer (Sanger Land Development LLC) is responsible for making the public improvements meet City standards. The development agreement would defer the developer's responsibility to construct acceptable public improvements until before any building permits are issued for the lots. The public improvements would need to be constructed, inspected, and accepted by the City of Sanger or Denton County prior to construction permits being issued. STAFF OPTIONS & RECOMMENDATION Staff recommends the Council approve the proposed development 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 Development Agreement Agencies: None STATE OF TEXAS CITY OF SANGER DENTON COUNTY DEVELOPMENT AGREEMENT FOR SUBDIVISION PUBLIC IMPROVEMENTS WHEREAS, the Developer (Sanger Land Development LLC) owns a parcel of real property (the "Property") in Denton County, Texas, which is more particularly and separately described as Marion Point Acres (Final Plat); and WHEREAS, the Subdivision Ordinance requires the Developer to construct public improvements including but not limited to streets, water lines, and sanitary sewer lines within the rights -of -way dedicated to the City by a Final Plat; and WHEREAS the Developer has requested to defer the construction and acceptance of the required public improvements; and WHEREAS, the City of Sanger (City) has found that deferring the construction and acceptance of the public improvements and allowing the Final Plat to be fried for record with Denton County is in the best interests of the public, and WHEREAS, the Development Agreement is to be recorded in the Real Property Records of Denton County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section I Parties The parties to this Agreement are the Developer and the City of Sanger. Section 2 Effective Date This Agreement is effective on the date the Developer signs it (Effective Date). Section 3 Construction of Improvements. The Developer agrees to construct and install, at the Developer's expense, all of the Public Improvements in compliance with applicable City ordinances, standards, and regulations, and in accordance with the construction plans and specifications approved by the City. Section 4 Security for Completion of Improvements. The Developer agrees to construct, repair, and otherwise provide the required public improvements within the rights -of -way dedicated by the Final Plat prior to the issuance of any building permit for any dwelling or structure on any of the lots within the Subdivision by either Development Agreement the City of Sanger or Denton County. Any and all public improvements required by the Subdivision Ordinance would have to be constructed, inspected, and accepted by the City of Sanger and/or Denton County to satisfy the Developer's requirement of this agreement. Section 5 Recording of Plat Upon completion of all of the following, the City agrees to record the Final Plat in the official public records of Denton County: • Approval of this Agreement by the City Council. • Approval of the Final Plat by the City Council. • Provision of signed and sealed originals of the Final Plat as required by the City and Denton County, Section 6 Right of Entry The Developer grants to the City and its successors, assigns, agents, conhactors, and employees, a nonexclusive right and easement to enter the Property to inspect the construction of the Public Improvements, and to construct, inspect, maintain, and repair any public improvements made on the Property by the City. Section 6 Remedies The remedies available to the City in the event of noncompliance by the Developer with this Agreement are cumulative in nature. These remedies include, but are not limited to, the following: • Refusal to issue building permits for any lots within the subdivision. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 7 Indemnification The Developer covenants to indemnify, save, and hold harmless the City and its their respective officers, employees, and agents from, and against, all claims, demands, actions, damages, losses, costs, liabilities, expenses and judgments recovered from or asserted on account of injury or damage to persons or property loss or damage arising in connection with construction performed by or on behalf of the Developer on the Property. Page 2 of 4 Development Agreement Section 8 Miscellaneous The Developer may assign its rights and obligations under this Agreement to a purchaser of all or part of the Property, if the Developer delivers written notice of the assignment to the City accompanied by an assignment agreement under which the assignee accepts all of the Developer's obligations under this Agreement and submits new Security for the Public Improvements in a form acceptable to the City Attorney. Any other assignment by a Party of rights or obligations under this Agreement will require the written approval of the other Party. This Agreement, including appendices and referenced attachments, constitutes the entire agreement between the City and the Developer on this subject and supersedes all other proposals, presentations, representations, and communications, whether oral or written, between the parties. This Agreement may be amended only by a written document that is duly approved and executed by all parties. In the event any section, subsection, paragraph, sentence, phrase or word is held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, phrase or word. This agreement shall be governed by the laws of the State of Texas. Exclusive venue for any legal dispute arising under this agreement shall be in Denton County, Texas. The City's execution of and performance under this Agreement will not act as a waiver of any immunity of the City to suit or liability under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Notices required by this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City: To the Developer: City Manager Le Gant Homes, LLC City of Sanger 108 E. Houston Street PO Box 1729 Sherman, Texas 75090 Sanger, Texas 76266 940-458-9191 Fax: 940-458-4180 If a party changes its address or facsimile number for notice purposes, it will provide written notice of the new address to the other party within 10 days of the change. In the event that the performance by either party of any of its obligations under this contract is interrupted or delayed by events outside of their control such as acts of God, war, riot, or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of the events. Page 3 of 4 Development Agreement This Agreement constitutes a covenant running with the title to the Property, and the provisions of this Agreement are binding on the Developer and on all successors and assigns of the Developer, Approved this day of 2015 Owner Signature: Printed Name: THE STATE OF TEXAS} DENTON COUNTY} This Instrument was acknowledged before me on the day of , 2015, by , Owner. Notary Public, State of Texas For the City of Sanger Thomas Muir, Mayor THE STATE OF TEXAS} DENTON COUNTY} This Instrument was acknowledged before me on the day of , 2015, by Thomas Muir, Mayor Notary Public, State of Texas Page 4 of 4 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ElYes ® Not Applicable ❑ Workshop ElExecutive [IPublic Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: January 20, 2015 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials `"{ .^. Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLU'PION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider Discuss, and Possibly Take Action on the Replat of Lots IA-8A, Block A, Marion Point Acres Addition, 24.77 Acres of Land Located on the East Side of Marion Road, North of FM 455. FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP [:]BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is approximately 25 acres located on the east side of Marion Road, north of FM 455. The property located within the City's extraterritorial jurisdiction (ETJ). The applicant has submitted a replat to subdivide the property into eight (8) lots, each at least two and one half (2'/2) acres. Denton County Planning has reviewed the proposed plat and found it to be in compliance with the requirements of the County's subdivision regulations. The applicant has requested a development agreement to defer the construction of the proposed Sanger Estates Drive. This would permit the plat to be filed first, and the public improvements made prior to the construction of any structures on the newly platted lots. STAFF OPTIONS & RECOMMENDATION Staff has found the plat to be in compliance with the requirements of the Subdivision Ordinance. List of Supporting Docunrents/EXbibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Map of the Subject Property Agencies: Proposed Replat for Block A, Marion Point On January 12, 2015, the Planning & Zoning Commission Acres unanimously recommended approval of the proposed replat. Ra a1B.... x� s "s; s s„meu z�" ?sF : 'ii.Fei;jg°kR; oai €s??"S"s e.' € e _"uE sGs`i3 s s= 6 8: ' n .:a t� 2 �c, ¢ €a"_" § E_ 3G E 's3$ m__"_ die„sg gfd $ aieBaF�$B.,F &€& ?svRz:��So e?<�& sEd s¢ € s �E'$R3 R,"$m'pIon, P g d so3 ?�Y E€ pia g c $ go. " ieL= �+ sm 8 xRF= 8 kFR 8= S"'"M M 11111 $a g 'p �:S�C 3 �� G fix8�gx $eE £$e-F 11 pd`i SP�� g �x" £Da^g :sRs sF $sez . - e:'or 6 €� SS Ta^ 3" x" @ib E^%Rfi.R5 ®� 3aegg @"="g ' € a 3$oz ag 3e"aRR€=es ,. 8la g £-ad$ osi:_eo _ € as e� Sg ff ®nss yym , ago' yak�sa 8 m ml" m " 6 0 cSF oil 9 6 9 !$.9 1L� sgI� I I I I " o � .. ;§ E) ®a s€ ? of ?e .I V k R aBE I i4 I I g x:yg < a $ I J I MO asvga oa gg gjV5 if c a}' 0' %gas I �x'x' >;t aB 4 €a .. • r a'i G gu^ 3 5 Ing I Ili a 5 E £ 6 R _ ° v£FP Al � � " _ _a 0 � p6s ( 5=on 3 = YE IF gg4 `8y A O t IV no 3 a Jos $ €£8 Na 233 A" S`s #z Za89 nQ C ?'q P e; s i�3< g¢ 5i 5 IsIo gg ag g3 ag fp IWS P "oawygn D r0 " s " £Ss R SON s F' as „¢ $s PEEI Al z Ix M n 7 $s xg g9.a: aS€ aggs `g F` i3F �[ d5F L ' i a£ s iss g 3, g§�d 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: January 20, 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 a Development Agreement to Defer the Construction of Public Improvements for the Final Plat of Sanger Circle Phase 3 FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS [:]OPERATING EXPENSE []REVENUE ❑CIP ❑BUDGETED [:]NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is part of the Sanger Circle development, located west of Marion Road and north of FM 455. The applicant has submitted for approval the Final Plat for Sanger Circle Phase 3. The plat dedicates rights -of -way for a section of Branding Iron Drive. The developer (Sanger Land Development LLC) is responsible for malting the public improvements meet City standards. The development agreement would defer the developer's responsibility to construct acceptable public improvements for Phase 3. This would allow the Final Plat for Phase 3 to be filed for record once approved. Then, they would construct dedicated street section prior to or concurrent with building permits for the lots in Phase 3. The City's Public Works Department would inspect and accept the public improvements for Phase 3. STAFF OPTIONS & RECOMMENDATION Staff recommends the Council approve the proposed development agreement, and authorize the Mayor to execute it on the City's behalf. List of Supporting Documents/Exhibits Attached; • Proposed Development Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: None STATE OF TEXAS CITY OF SANGER DENTON COUNTY DEVELOPMENT AGREEMENT FOR SUBDIVISION PUBLIC IMPROVEMENTS WHEREAS, the Developer (Sanger Land Development LLC) owns a parcel of real property the "Property") in Denton County, Texas, which is more particularly and separately described as Sanger Circle Phase 3 (Final Plat); and WHEREAS, the Subdivision Ordinance requires the Developer to construct public improvements including but not limited to streets, water lines, and sanitary sewer lines within the rights -of -way dedicated to the City by a Final Plat; and WHEREAS the Developer has requested to defer the construction and acceptance of the required public improvements; and WHEREAS, the City of Sanger (City) has found that defeiTing the construction and acceptance of the public improvements and allowing the Final Plat to be filed for record with Denton County is in the best interests of the public, and WHEREAS, the Development Agreement is to be recorded in the Real Property Records of Denton County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section I Parties The parties to this Agreement are the Developer and the City of Sanger. Section 2 Effective Date This Agreement is effective on the date the Developer signs it (Effective Date) Section 3 Construction of Improvements. The Developer agrees to construct and install, at the Developer's expense, all of the Public Improvements in compliance with applicable City ordinances, standards, and regulations, and in accordance with the construction plans and specifications approved by the City. Section 4 Security for Completion of Improvements. The Developer agrees to construct, repair, and otherwise provide the required public improvements within the rights -of --way dedicated by the Final Plat prior to or concurrent with the construction of structures on the platted lots within the plat. The Developer agrees that any Development Agreement and all improvements must approved, inspected, and accepted by the City as conforming with street design standards. Section 5 Recording of Plat Upon completion of all of the following, the City agrees to record the Final Plat in thco ca public records of Denton County: Approval of this Agreement by the City Council. Approval of the Final Plat by the City Council. Provision of signed and sealed originals of the Final Plat as required by the City and Denton County, Section 6 Right of Entry The Developer grants to the City and its successors, assigns, agents, contractors, and employees, a nonexclusive right and easement to enter the Property to inspect the construction of the Public Improvements, and to construct, inspect, maintain, and repair any public improvements made on the Property by the City. Section 6 Remedies The remedies available to the City in the event of noncompliance by the Developer with this Agreement are cumulative in nature. These remedies include, but are not limited to, the following: • Refusal to issue building permits or certificates of occupancy for the properties within Sanger Circle Phase 3. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 7 Indemnification The Developer covenants to indemnify, save, and hold harmless the City and its their respective officers, employees, and agents from, and against, all claims, demands, actions, damages, losses, costs, liabilities, expenses and judgments recovered from or asserted on account of injury or damage to persons or property loss or damage arising in connection with construction performed by or on behalf of the Developer on the Property. Page 2 of 4 Development Agreement Section a Miscellaneous The Developer may assign its rights and obligations under this Agreement to a purchaser of all or part of the Property, if the Developer delivers written notice of the assignment to the City accompanied by an assignment agreement under which the assignee accepts all of the Developer's obligations under this Agreement and submits new Security for the Public Improvements in a form acceptable to the City Attorney. Any other assignment by a Party of rights or obligations under this Agreement will require the written approval of the other Party. This Agreement, including appendices and referenced attachments, constitutes the entire agreement between the City and the Developer on this subject and supersedes all other proposals, presentations, representations, and communications, whether oral or written, between the parties. This Agreement may be amended only by a written document that is duly approved and executed by all parties. In the event any section, subsection, paragraph, sentence, phrase or word is held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, phrase or word. This agreement shall be governed by the laws of the State of Texas. Exclusive venue for any legal dispute arising under this agreement shall be in Denton Cotmty, Texas. The City's execution of and performance under this Agreement will not act as a waiver of any immunity of the City to suit or liability under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Notices required by this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City: City Manager To the Developer: If a party changes its address or facsimile number for notice purposes, it will provide written notice of the new address to the other party within 10 days of the change. In the event that the performance by either party of any of its obligations under this contract is interrupted or delayed by events outside of their control such as acts of God, war, riot, or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of the events. Page 3 of 4 Development Agreement This Agreement constitutes a covenant running with the title to the Property, and the provisions of this Agreement are binding on the Developer and on all successors and assigns of the Developer. Approved this day of , 2015 For Le Gant Homes: Owner Signature: Printed Name: THE STATE OF TEXAS} DENTON COUNTY} This Instrument was acknowledged before me on the day of , 2015, by , Owner. Notary Public, State of Texas For the City of Sanger Thomas Muir, Mayor THE STATE OF TEXAS} DENTON COUNTY} This Instrument was acknowledged before me on the day of , 2015, by Thomas Muir, Mayor Notary Public, State of Texas Page 4 of 4 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑Yes IN Not Applicable ❑ Workshop ❑ Executive [:]Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By: January 20, 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 of Lots 28-31, Block 1, and Lots 11-14, Block 2, Sanger Circle Addition Phase 3, 2.01 Acres of Land Located West of Marion Road and North of FM 455, FINANCIAL SUMMARY ®N/A ❑GRANTFUNDS []OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED [:]NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is approximately 2 acres located on the west side of Marion Road, north of FM 455. The property is just past the end of the already platted Branding Iron Drive, which is located behind the Trails of Sanger apartment complex. The applicant has submitted a plat to subdivide the property into eight (8) lots, and dedicate an extension to Branding Iron Drive. The applicant has requested that City Council consider changing the name of Branding Iron Drive to Sanger Circle Drive. The Council has already changed the name of former Silver Spur Drive to this name. In the future, as the rest of Sanger Circle is developed, these two streets will be connected. Council will consider this proposed name change along with the plat. The applicant has requested a development agreement to defer the construction of the proposed street. This would permit the plat to be filed first, and the public improvements made prior to the construction of any structures on the newly platted lots. STAFF OPTIONS & RECOMMENDATION Staff has found the plat to be in compliance with the requirements of the Subdivision Ordinance. If Council has adopted the ordinance to change the name of Branding Iron Drive to Sanger Circle Drive, Staff recommends approval of the Final Plat with the condition that the applicant update the Final Plat to show the correct name prior to filing for recordation. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Map of the Subject Property Agencies: Proposed Plat for Sanger Circle Phase 3 On January 12, 2015, the Planning & Zoning Commission unanimously recommended approval of the proLosed plat, at a It e Fi `° €1 lei ig 8 3g5 E R� tinQ�.z u�amEw��.g zFjFg IF gmg HMO OF m a 1 I $ F OFF,id� 3g Sy a .w a ,9 `,a HID OF al AM '€ s Ho a asa u�g€sa E Of { $ a t - It ra use a , € s2.gea§'€ OF OR ft �5ed T'rli ..FF T o MirIL a a®$, Yin e � HOW 1 £$>E t OF f .._.., pp £ E.,apg P 5= w C o mm -• 3 T. a N fD - rr ro p m M U x O v a << o n m p� fD 2 m �o N m '+ O - 6 O m v x � D o to lWD J N IA-� O N W M V io io u, i.0 oo VA 00 W W W W .VP M t~D 0 N N m A N W A F' 01 W A i0 io m A m T to A N A O� A F+ W N O W 00 V l0 W W O O VD 0 00 O O -P M N J M D O Q mA -i D -� A -OI z z D �> OyNrNo�T V Dv �� No'_lr w m c o o z �� °� m mCm=olPFz c >° �.v m' m °� x m W W m HHT zz -'wm 'm mH� �z �- m 3y Z C z xOSD AO mm m OPT a.A O W m m z N� Np O O O c c 2 m 0 OC m c N N O O D A N y K{ r O O m y N D m c m p n N n A D O z m C m r A O x m N c Z N y O z o m c -y N m 04 m N N W N m > o D O z O z O A A A W c c W C m N N�mcn ow�=i -mi n wNway� 7911 EE P. 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