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10/07/2013-CC-Agenda Packet-RegularN �. CITY COUNCIL ONDAY, OCTJX , _00, 502 ELM STRE ET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: September 16, 2013 -City Council b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Amending the Development Agreement in Lieu of Annexation with Don and Kim Hall for Property Described as Tract 22G of the Rueben Bebee Survey Extending the Term From Seven Years to Fifteen Years. 6. Consider, Discuss and Possibly Approve an Interlocal Agreement Between Denton County and the City of Sanger for the Design and Construction of Drainage and Paving Improvements to McReynolds Road From 2164 to S. Jones Street, 7. Consider, Discuss and Possibly Approve Ordinance #10-18-13 - Approving a Change in the Rates as it Result of Settlement Between ATIVIOS and the ATMOS Texas Municipalities ("ATM") Under the Rate Review Mechanism, 8. Consider, Discuss and Possibly Approve a Parks &Recreation Advertising Agreement. 9. 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) -Review City Manager's Performance 10. RECONVENE: OPEN MEETING Any Action Taken. 11. INFORMATION ITEMS: a) Financial & Investment Report - August b) Library Report - August c) Animal Control Report 1, the undersigned authority, do hereby certify that this Notice of 1Vleeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the ral ublic at all times, and said notice was posted on the following date and time: at p.m. and shall remain posted until meeting is adjournedIt Tami Tabel, City Secretary �A City of Sanger, Texas/ i !b �/�llflillllllll►1p1,4 This facility is `vheelchair accessible and accessible parl�ing spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City secretary's office at (940) 4584930 for further information. r. Mayor1 1mas -Muir, Councilman inally1 ,, , l+P . Councilman Scott Stephens,J. Bilyeu and Councilman Allen Chick OTHERS PRESENT* Mike Brice City Manager, Tami Taber City Secretary, Sheri Evridge, Gail Anderson and Chad Spratt 1�i11Rt� 3. a) Approval of Minutes: September 3, 2013 -City Council b) Disbursements c) Approve Resolution #R094743 - Establish Fund Balance Policies and Commitments as Required by GASB 54 d) Approve Resolution #11094843 - Lease Purchase Agreement With Government Capital to Procure an Auger Truck Councilman Ezell anacle a motion to approve. carried unanimously. Seconded by Councilman Martin. Motion 4. Consider any Items Removed From Consent Agenda. 5. Consider, Discuss and Possibly Approve Ordinance #09-15-13 -Adopting the Budget Providing for the Appropriation of Funds for Operating and Capital Elpenditures by Fund for the Fiscal Year Beginning October 1, 2013 and Ending September 30, 2014 and Providing for the Intea and Inter Department and Fund Transfers. Councilman Martin made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 6. Consider, Discuss and Possibly Approve Ordinance 409-1643 - Levying a Tax Rate for the General Government for the Fiscal fear 2013-2014 at a Rate of $0.665000 per $100 Assessed Valuation. Consider, Discuss and Possibly Approve Ordinance #094743 - to Approve the 2013 Tam Roll. Councilman Stephens made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 8. Consider, Discuss and Possibly Approve New Pay Plan and Market Adjustments for Employees on the new Pay Grade Schedule, Councilman Bilyeu made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 9. Adjourn. Mayor Muir adjourned the meeting at 7:16 p.m. 9/16/2013 12:12 PM A / P CHECK REGISTER PACKET: 06055 Regular Payments 9/16/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK V R NAME / I.D. DESC TYPE DATE 25580 NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT I-9/16/13 WELL APP WELL PERMIT R 9/16/2013 TOTAL ERRORS: 0 CHECK DISCOUNT AMOUNT N04 200w000R 054823 * * T 0 T A L S * * .NOS DISCOUNTS CHECK A61T TOTAL APPLIED REGULAR CHECKS: 1 0$00 200.00 200.00 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 1 0.00 200.00 200.00 TOTAL WARNINGS: 0 PAGE: 1 CHECK AMOUNT 200.00 9/17/2013 5:09 P14 REFUNDS CHECK REGISTER PAGE: 7 PACKET: 06056 US - Refund VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK V1 I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 1 AUSTIN, SAM I-000201309175161 AUSTIN, SAM R 9/17/2013 31.13 054824 31.13 1 BCS I-000201309175164 BCS R 9/17/2013 257.15 054825 257.15 1 BRENNAN, KYMBERLY I-000201309175165 BRENNAN, KYMBERLY R 9/17/2013 46.74 054826 46.74 1 DEANNA WOOD I-000201309175173 DEANNA WOOD R 9/17/2013 161921 054827 161,21 1 LGI HOMES I-000201309175170 LGI HOMES R 9/17/2013 129.95 054828 129.95 1 LGI HOMES I-000201309175171 LGI HOMES R 9/17/2013 98.60 054829 98.60 1 OUR COUNTRY HOMES I-000201309175169 OUR COUNTRY HOMES R 9/17/2013 228.79 054830 228079 1 POUNDERS, ERIC I-000201309175159 POUNDERS, ERIC R 9/17/2013 135.50 054831 135.50 1 PREAS, DANNY I-000201309175166 PREAS, DANNY R 9/17/2013 40091 054832 40,91 1 QUISENBERRY, RICKY I-000201309175160 QUISENBERRY, RICKY R 9/17/2013 246.19 054833 246.19 ROSE, LARRY I-000201309175172 ROSE, LARRY R 9/17/2013 52.43 054834 52043 1 SANGER COURIER # 2 I-000201309175168 SANGER COURIER # 2 R 9/17/2013 8.84 054835 8084 { 1 SESTAK, RUTH I-000201309175167 SESTAK, RUTH R 9/17/2013 13.19 054836 13419 1 SIMONEAUX, JASON I-000201309175163 SIMONEAUX, JASON R 9/17/2013 33918 054837 33,18 1 WAGGONER, JAMES JR. I-000201309175162 WAGGONER, JAMES JR R 9/17/2013 14410 054838 14,10 9/18/2013 5:00 P14 A / P CHECK REGISTER PACKET: 06068 Regular Payments 9/18/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK d A NAME / I.D. DESC TYPE DATE 25940 ALAN PLUMMER ASSOCIATES, INC I-000000034771 TREATMENT PLNT EVALUATION R 9/18/2013 15890 ALL AMERICAN SURVEYING I-15736 SPLASH PARK R 9/18/2013 18100 AMERICAN MUNICIPAL SERVICES I-16458 AUG WARRANT COLLECTION R 9/18/2013 25610 AUSTIN LANE TECHNOLOGIES, INC I-20130909 MAINTAINANCE PLAN -TECH R 9/18/2013 23600 AUSTIN TURF & TRACTOR I-783425 HYDRAULIC CYLINDER & PINS R 9/18/2013 26140 BAKERCORP I-1424555-001 6X6 SELF PRIMING PU14P R 9/18/2013 00440 BRAZOS ELECTRIC I-28839-RI-1 AUGUST 2013 R 9/18/2013 25690 BWI COMPANIES, INC I-12035544 CHEMICAL SUPPLIES R 9/18/2013 I-1235445 CHEMICAL SUPPLIES R 9/18/2013 26350 C & G ELECTRIC, INC I-24739 PRESSURE TRANSDUCERS R 9/18/2013 22300 CARD SERVICE CENTER C-G]ALMART 8/7/13 REFUND TAX R 9/18/2013 I-ACTIVE911 8/5/13 DUES ACTIVE 911 R 9/18/2013 I-BALLONST014 8/21/13 BALLONSTOMORROW R 9/18/2013 I -BASS PRO 8/14/13 RUBBER BOOTS - BASS PRO R 9/18/2013 I-CUSTOMINK 8/20/13 CUSTOMINK - SHIRTS R 9/18/2013 I-HILTON 8/15/13 HILTON - AUG 13-15 2013 R 9/18/2013 I-ICC 8/7/13 ICC MEMBERSHIP R 9/18/2013 I-ICMA 8/5/13 WEBINAR - ICMA.ORG R 9/18/2013 I-METROPLEX 8/23/13 ARC USER GROUP MEMBER R 9/18/2013 I-METROPLEX 8/25/13 ARC USER GROUP MEMBER R 9/18/2013 I -MUNICIPAL 8/22/13 MUNICIPAL ONLINE PAY14ENT FEE R 9/18/2013 I-PITT PAINTS 8/30/1 PAINT (INTERIOR) R 9/18/2013 I-PLANETIZEN 8/8/13 PLANETIZEN COURSES R 9/18/2013 I-SHERATON 9/l/13 ICMA CONF, BRICE R 9/18/2013 I-TRAINDIV 8/9/13 FIRE INSTRUCTOR II R 9/18/2013 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT 2,208.37CR 054877 2,208.37 2,975,000R 059878 2,975.00 219.90CR 059879 219.40 3,545.000R 054580 3,545.00 50.19CR 054881 50,14 11,125.000R 054882 11,125.00 13,269,92CR 059883 13,269.92 2,926,11CR 059884 1,470.000R 054884 4,396.11 497.57CR 054885 997.57 39,60 059886 12.000R 059886 218.000R 054886 360.000R 054886 279.40CR 054886 275. 62CR 054886 125.000R 054886 149.000R 054886 SO,OOCR 054886 S.000R 054886 1.25CR 054886 64.95CR 054886 125.000R 054886 296.43CR 054886 200.000R 054886 2,117.05 9/18/2013 5:00 PM A / P CHECK REGISTER PACKET: 06068 Regular Payments 9/18/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK E R NAME / I.D. DESC TYPE DATE *VOID* VOID CHECK V 9/18/2013 20410 CARE NOW CORPORATE I-907899 CRAIG DAVIS 8/21/13 R 9/18/2013 23620 COTE'S MECHANICAL I-CM20131045 ICE 14ACHINE RENTAL R 9/18/2013 11570 CULLIGAN I-09/09/2013 WATER BOTTLE SERVICE R 9/18/2013 00710 DATA BUSINESS FORMS INC. I-91651 NOTARY STAMP R 9/18/2013 - I-91764 BUSINESS CARDS R 9/18/2013 25730 DATAPROSE, LLC I-1612 PRINTING & MAILING R 9/18/2013 00850 DENTON RECORD -CHRONICLE I-0000361278 ADVERTISING/NOTICES R 9/18/2013 17640 DOLLAR GENERAL - CHARGED SALES I-1000234927 SELLABRATION SUPPLIES R 9/18/2013 25420 EXCLUSIVE LAW ENFORCEMENT PRODUCTS INC I-260 VEHO HD CAMERA 778 & 780 R 9/18/2013 20980 EXPRESS SERVICES, INC. I-12978703-2 TEMP E14PLOYEE R 9/18/2013 I-12978703-2-0 TEMP EMPLOYEES 9/1%2013 R 9/18/2013 I-13014507-1 TEMP EMPLOYEE R 9/18/2013 I-130145OV-1-0 TEMP EMPLOYEES R 9/18/2013 23820 FERGUSON WATERWORKS I-0613962 BARREL DRESSER R 9/18/2013 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750YD1308 MVR & OMNI SEARCH R 9/18/2013 23580 FREESE AND NICHOLS, INC. I -AMENDED 6/10/2013 PHASE I & II SCADA R 9/18/2013 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT 054887 **VOID** 35.000R 054888 35*00 354,000R 054889 359.00 9.36CR 059890 9.36 30.24CR 059891 116.53CR 054891 146,77 1,977.83CR 059892 1,977.83 1,168,25CR 054893 1,168.25 26.000R 054894 26.00 410.000R 054895 410.00 548,13CR 059896 1,040.000R 059896 514.91CR 054896 6064000R 054896 2,909.04 288.52CR 054897 288.52 26.000R 059898 26.00 18,900.000R 059899 18,900.00 9/18/2013 5:00 PM A / P CHECK REGISTER PACKET: 06068 Regular Payments 9/18/13 OF VENDOR SET: 99 BANK > POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK R NAME / I.D. DESC TYPE DATE 03340 GENE GOHLKE I-10463 BALL FIELD CHALK R 9/18/2013 04230 GRACE, RONNIE I -GRACE MESE 13 MESE 2013 MEALS R 9/18/2013 16860 GRAINGER I-9235964097 TIMER R 9/18/2013 I-9238991666 WORK GLOVES R 9/18/2013 16900 CST PUBLIC SAFETY SUPPLY -• I-INV-019881 UTILITY BELT R 9/18/2013 02610 HD SUPPLY POWER SOLUTIONS I-2366325-00 STRAPS, STIRRUPS, ADAPTOR R 9/18/2013 21220 IRBY TOOL & SAFETY I-S007762495.001 SOLID CU WIRE, BOLTS R 9/18/2013 I-S007780046.001 TRANSFORMER ARRESTOR R 9/18/2013 08210 KWIK KAR I-10538 INSPECTIONS - FIRE R 9/18/2013 26150 LEGACY CONTRACTING LP I-13-4356-01 BLOWER#/ ELEC PROBLEMS R 9/18/2013 25060 LEMONS PUBLICATIONS INC I-1750 AUGUST 2013 ADS R 9/18/2013 16970 LONGHORN, INC. I-S2550825.001 SPRINKLER HEADS R 9/18/2013 '. MIDWEST TAPE I-61240116 AUDIOBOOKS - COLLECTION R 9/18/2013 I-91242831 AUDIOBOOKS - COLLECTION R 9/18/2013 I-91251936 AUDIOBOOKS - COLLECTION R 9/18/2013 I-91255511 AUDIOBOOKS - COLLECTION R 9/18/2013 16060 NEIGHBORS, ANDREW I -NEIGHBORS MESE 13 MEALS MESE 2013 R 9/18/2013 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-12065492 8/26/13-8/27/13 LEGAL SERVICES R 9/18/2013 CHECK DISCOUNT AMOUNT N04 7.29CR 987.20CR 054900 105.000R 054901 67.75CR 054902 271.68CR 054902 295.43CR 059903 501.20CR 054909 476.SOCR 059905 150.000R 054905 14.SOCR 054906 SOO.000R 054907 261.25CR 059908 357.31CR 054909 b5,98CR 059910 19.99CR 059910 84.98CR 054910 39.99CR 054910 105.000R 054911 240,OOCR 059912 CHECK AMOUNT 987.20 105.00 339.43 295.93 501.20 626.50 14.50 500.00 261.25 357.31 210.94 105.00 240.00 9/18/2013 5:00 PM A / P CHECK REGISTER PAGE: 4 PACKET: 06068 Regular Payments 9/18/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK I!R NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02970 OFFICE DEPOT I-673310547001 CASH BAG, FOLDERS, ETC R 9/18/2013 49.03CR 054913 49.03 06740 OFFICE MAX INC. C-724035 COPY PAPER R 9/18/2013 3.31 054914 i I-798469 COPY PAPER R 9/18/2013 60.50CR 054914 57.19 25830 PACHECO KOCH, LLC I-28061 CONSULTING SERVICES - SEW R 9/18/2013 622.75CR 054915 I-28062 CONSULTING SERVICES - SEW R 9/18/2013 831,50CR 054915 I-28063 CONSULTING SERVICES - SEW R 9/18/2013 825.00CR 054915 I-28064 CONSULTING SERVICES - SEW R 9/18/2013 21681.00CR 054915 4/960025 05510 PROGRESSIVE WAST SOLUTIONS OF TX, INC I-AUG-13 AUG 2013 R 9/18/2013 46,916.27CR 054916 46,916427 21140 R & T ELECTRIC, LLC I-5272 TIMERS AT RAILROAD R 9/18/2013 31800.00CR 054917 31800,00 26190 R.E. PADULHOWSKI CONSTRUCTION, INC I-2293 REPLACE DOORS COMM, CENT, R 9/18/2013 11857.00CR 054918 11857,00 02170 REINERT PAPER & CHEMICAL, INC, I-303625-1 LATEX GLOVES R 9/18/2013 8.12CR 054919 I-304078 JANITORIAL SUPPLIES R 9/18/2013 36.24CR 054919 I-304324 TOWELS, TISSUE, MOP, ETC R 9/18/2013 83.66CR 054919 128.02 i 16240 SCHAD & PULTE I-190654 1ST QTR SUPPLIES R 9/18/2013 33.00CR 054920 I-94375 1ST QTR SUPPLIES R 9/18/2013 13.50CR 054920 46,50 ^ SOIL EXPRESS, LTD I-8097 FIBER FOR PLAYGROUND R 9/18/2013 lo607.82CR 054921 1,607.82 24800 THI WATER WELL I-3730 LOIS RD WATER WELL R 9/18/2013 871711.35CR 054922 87,711,35 26270 THREE L WELDING SUPPLY & EQUIP. I-174950 HELIUM TANK RENTAL R 9/18/2013 195.00CR 054923 195.00 02890 UNDERGROUND, INC. I-0085143-IN HYDROLIC FILTERS R 9/18/2013 71.64CR 054924 71.64 9/18/2013 5:00 PM A / P CHECK REGISTER PACKET: 06068 Regular Payments 9/18/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK iR NAME / I.D. DESC TYPE DATE 02910 UPPER TRINITY I-W271309 8/l/13-9/l/13 R 9/18/2013 23760 VAULTLOGIX I-1336981 SERVER BACK UP R 9/18/2013 03440 VERMEER EQUIP. OF TEXAS I-E50251 CHIPPER REPAIR R 9/18/2013 I-F96222 BLADE DRIVE BELT & TENSIO R 9/18/2013 1 YATES, CARRIE I-YATES 9/7/13 COMM. DEPOSIT R 9/18/2013 TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: 5 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT 21,645.36CR 054925 21,645,36 600aOOCR 054926 600'100 453.83CR 054927 645901CR 054927 11098,84 1004000R 054928 100.00 N0� DISCOUNTS CHECK AD1T TOTAL APPLIED 51 7.29 241,042436 241,049665 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 52 7.29 241,042.36 241,049.65 9/26/2013 3:03 PM A / P CHECK REGISTER PAGE: 1 PACKET: 06074 Regular Payments 9/25/13 CF ' VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK '` .R NAAfE / I,D. DESC TYPE DATE DISCOUNT AMOUNT NO'4 AMOUNT 24990 BENTLEY SYSTEMS, INCORPORATED I-47540624 ANNUAL SOFTWARE UPDATE R 9/26/2013 2,410.00CR 059929 2,910.00 02490 CENTURYLINK I-9/10/13-10/9/13 PHONE 9/10-10/09 R 9/26/2013 1, 412.02CR 059930 1, 912.02 i 03730 COLLIN COONTY COLLEGE I-S0032256 TRAINING 785 & 782 R 9/26/2013 90.00CR 059931 40.00 26010 EQUIPMENT SOUTHWEST INC I-34888 DUMP TRUCK TARP ASSEMBLEY R 9/26/2013 624.90CR 059932 824.40 08400 FRANKLIN LEGAL PUBLISHING I-2003291 SANGER CODE SUPPLEMENT R 9/26/2013 1,130.00CR 054933 1,130.00 16900 GST PUBLIC SAFETY SUPPLY I-INV-018006 SHIRTS AND PANTS AND BOOT R 9/26/2013 249.70CR 059939 I-INV-018016 SHIRTS AND PANTS AND BOOT R 9/26/2013 208.28CR 059939 I-INV-018019 SHIRTS AND PANTS AND BOOT R 9/26/2013 109.19CR 059934 I-INV-018022 SHIRTS AND PANTS AND BOOT R 9/26/2013 70.98CR 059934 I-INV-018024 SHIRTS AND PANTS AND BOOT R 9/26/2013 104.19CR 059934 I-INV-019860 SHIRTS AND PANTS AND BOOT R 9/26/2013 80.98CR 059934 I-INV-019861 SHIRTS AND PANTS AND BOOT R 9/26/2013 79.38CR 059934 897.10 02610 HD SUPPLY POSVER SOLUTIONS I-2366385-00 STRAPS, STIRRUPS, ADAPTOR R 9/26/2013 43.00CR 054935 43.00 15780 ITRON I-302985 h1VRS MAIN10/1/13-12/31/13 R 9/26/2013 349.23CR 054936 399.23 26380 PIERCY, hfEGHANN I-9/9/2013 PIERCY REFUND MOP FEE R 9/26/2013 1.25CR 059937 1.25 05720 TEXAS hfONTHLY CUSTOhI PUBLISHING I-11532 DALLAS RE REVIEW R 9/26/2013 1,800.00CR 059938 1,800.00 i * * T 0 T A L S * * N0� DISCOUNTS CHECK Ab1T TOTAL APPLIED REGULAR CHECKS: 10 0.00 8,907.00 8,907.00 HAND47RITTEN CHECKS: 0 0.00 0.00 0.00 PRE-F]RITE CHECKS: 0 0,00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 hlON CHECKS: 0 0.00 0.00 0.00 -CORRECTIONS: 0 0.00 0.00 0.00 i REGISTER TOTALS: 10 0.00 8,907.00 8,907,00 I, TOTAL ERRORS: 0 TOTAL WARNINGS: 0 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. September 3, 2013 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 Amending the Development Agreement in Lieu of Annexation with Don and Kim Hall for Property Described as Tract 22G of the Rueben Bebee Survey Extending the Term From Seven Years to Fifteen Years FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM In August of 2008, the City and Don and Kim Hall, owners of Tract 22G of the Rueben Bebee Survey (1091 FM 455), entered into a development agreement in lieu of annexing the property into the city limits. That agreement has a seven year term, beginning August 28, 2008. This proposed amended agreement would extend that term to a total of fifteen years, beginning August 28. 2008. STAFF OPTIONS & RECOMMENDATION Staff recommends City Council amend the 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 • Original Development Agreement Agencies: • Proposed Amended Agreement None • Map of the Subject Property :1 STATE OF TEXAS CITY OF SANGER COUNTY OF DENTON CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212,172 of the Texas Local Government Code by and between the City of Sanger, Texas (the "City") and the undersigned property owner(s) (the "Owner"), The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Denton County, Texas, which is more particularly and separately described in the attached Exhibit "A'; and WI3EREAS, the City has begun the pz'ocess to institute annexation praceedings on all or portions of Owner's Property and has held public hearings on April 21, 2008 and May 5, 2008; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Goverment Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this 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 f. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its its immunity inmtm�fiom annexation by the City, and ty from City property taxes, for the tern of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement, However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code, Section 2. The Owner shall be allowed to continue the current use of the property, and expand such use, or use it for any other use allowed witltizt Denton County, with the prior wz'itten consent of the City. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3, The City is authorized to enforce all of the City`s regulations and planning authority that do not materially interfere with the current use of the property. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 4. The term of this Agreement (the "Term") is seven (7) years from the date that the Mayor's signature to this Agreement is acknowledged by a public notary. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Tenn, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to thus section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 5. Property annexed pursuant to this Agreement will initially be zoned A -- Agricult<iral pursuant to the City's Code of Ordinances, pending determination of the property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 6. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Sanger Attn: City Manager P.O. Box 1729 Sanger, TX 76266 Section 7. This Agreement shall run with the Property and be recorded in the real property records of Denton County, Texas. Section 8. If a court of competent jurisdiction deternnims that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 9. This Agreement may be enforced by any Owner or the City by any proceeding at Iaw or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. i Section 10. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the tens of this Agreement. Section 11. Venue for this Agreement shall be in Denton County, Texas. Section 12. This Agreement may be separately executed in individual counterparwts and, upon exccution, shall constitute one and same instrument, Section 13, This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3 and 4 herein. Entered into this j(L day ofu't Q, , 2008. Owner "b Owner Signature: r G'J Printed Name: City of Sanger; Joe �Es, Mayor, City�'d�anger, Texas THE STATE OF TEXAS } COUNTY OF DE TON } This Instrument was acknowledged before me on the Z7day of , 20083 by Owner. JO WALKER Notary Public, State of Texas i _= Notary Public, slate or Texas 's My Commission Exp. l2r05.2009 F THE STATE OF TEXAS } COUNTY OF DENTON } This Instrument was acknowledged before me on tiie,&L day of , 20083 by Sim Owner. ' No a Public, State of Tex°.vJO WALKER Texas0 it V�.. A�� , t Texas THE STATE OF TEXAS } : Notary Publics State o ,,��;�.'��;� My Commission 6xp.12-05*2009 COUNTY OF DENTON } 'J This Inst�r/umen�tjA{was acknorvledged before me on the day of � 1� , 2008, by Joe H1(T fftl �17 A'(lnY" ItSY7 n� �i'1 (YP9' 1 P3TJIC seal: Notary STATE OF TEXAS CITY OF SANGER DENTON COUNTY CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE AMENDED DEVELOPMENT AGREEMENT The Agreement entered into pursuant to Section 43.035 and 212.172 of the Texas Local Government Code by and between the City of Sanger, Texas (the "City") and the Don and Kim Hall (thef"Owner") is hereby amended to extend the term of the agreement from seven (7) years from date of signature to a total of fifteen (15) years. Section 4 below has been updated to reflect a fifteen (15) year total term beginning August 28, 2008 WHEREAS, the Owner owns a parcel of real property (the "Property") in Denton County, Texas, which is more particularly and separately described as Tract 22G of the Rueben Bebee Survey; and WHEREAS, the City begun the process to institute annexation proceedings on all or portions of Owner's Property and has held public hearing on April 21, 2008 and May 5, 2008; and WHEREAS the Owner desired to have the Property remain in the City's extratehritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement was entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Goveiriment Code, in order to address the desires of the Owner and the procedures of the City, and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) A the Agreement; 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 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Tenn of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Development Agreement Section 2. The Owner shall be allowed to continue the current use of the property, and expand such use, or use of it for any other use allowed within Denton County, with the prior written consent of the City. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the current use of the property. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 4. The term of this Agreement (the Term) is fifteen (15) years from the date that the Mayor's signature to the original Agreement was acknowledged by a public notary (August 28, 2008). The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of antlexation proceedings by the City. Section 5. Property annexed pursuant to this Agreement will initially be zoned A Agricultural District pursuant to the City's Code of Ordinances, pending determination of the property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 6. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser of grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's hears, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address$ City of Sanger Attention: City Manager PO Box 1729 Sanger, Texas 76266 Page 2 of 4 Development Agreement Section 7. This Agreement shall run with the Property and be recorded in the Real Property Records of Denton County, Texas, Section 6. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of the Agreement shall remain in full force and effect. Section 9. This Agreement may be enforced by any Owner or I 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 10. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement of the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 11. Venue for this Agreement shall be in Denton County, Texas. Section 12. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Section 3 and 4 herein. Amended this day of , 2013 Owner Signature: Printed Name: Owner Signature: Printed Name; THE STATE OF TEXAS} DENTON COUNTY} This Instrument was acknowledged before me on the Owner. day of , 2013, by Notary Public, State of Texas This Instrument was acknowledged before me on the day of , Owner. 2013, by Page 3 of 4 Development Agreement 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 Thomas Muir, Mayor Notary Public, State of Texas day of 2013, by Page 4 of 4 ITHE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF SANGER, TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter "the County," and the City of Sanger, Texas, a duly organized and existing municipality, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement for the purpose of providing for all necessary design and construction of drainage and paving improvements to McReynolds Road from FM 2164 to S. Jones Street, located within the municipal limits of the City and Denton County Commissioner Precinct #1, hereinafter "the Project." The total estimated cost of the Project is THREE MILLION TWO HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($3,265,310.00). WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County's road system and the Parties are undertaking the Project to facilitate safe travel on improved roadways; and NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perfol7n certain govermmental functions and services ICA —Sanger —McReynolds Road - 2013 I of 7 in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be limited to provng for all necessary design and construction of drainage and paving improvements to McReynolds Road from FM 2164 to S. Jones Street at a total estimated Project cost which shall not exceed THREE MILLION TWO HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($3,265,310.00). The County hereby agrees to contribute an amount toward satisfactory completion of the Project which shall not exceed TWO MILLION NINE HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($2,965,310.00) provided that any and all funding is approved by formal action of the Denton County Commissioners Court. IV. The City hereby agrees to contribute an amount of THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00) toward satisfactory completion of the Project and to provide for all necessary design and construction of drainage and paving improvements which may be required for satisfactory completion of the Project. In addition, the City will provide all inspections of the Project. V. This exchange of in -kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, and at the same time submit a copy of all invoices to Denton County Commissioner Precinct #1, Attn: Hugh Coleman, 1175 Union Hill Road, Sanger, Texas 76266, on a monthly basis and the County shall reimburse the City on a pro rata basis for all approved expenses related to the Project within thirty (30) calendar ICA —Sanger —McReynolds Road - 2013 2 of 7 days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion oIf the Project, the County and the City shall prepare and complete a Rill audit of the Project. VII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of a street or alley in the County that is located in the City. VIII. This Agreement may be terminated in whole or in part by the County or the City upon thirty [30] days written notice to the other party. i� This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Thomas Muir, Mayor City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 Copy To: Tami Taber, City Secretary City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Copy To: Denton County District Attorneys Office -Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 ICA —Sanger —McReynolds Road - 2013 3 of 7 X. The covenants, terms and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. XI. The County agrees and understands that the County, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the City. XII. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. XIII. The County agrees to accept fiill responsibility for the acts, negligence or omissions of all County employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the County. The City agrees to accept fill responsibility for the acts, negligence or omissions of all City employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the City. XV. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third panties. XVI. In the event that airy portion of this Agreement shall be foiuld 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 fiillest extent possible. ICA —Sanger —McReynolds Road - 2013 4 of 7 XVII. The undersigned officers or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessaly resolutions extending said authority have been duly passed and are now in full force and effect. XVIII. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the term of this Agreement is for the life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. ICA —Sanger —McReynolds Road - 2013 5 of 7 Executed in triplicate originals this DENTON COUNTY, TEXAS 110 West Hickory Denton, Texas 76201 By: Honorable Mary Horn Denton County Judge Acting by and on behalf of the authority the Denton County Commissioners Court ATTEST: By: Denton County Clerk APPROVED AS TO FORM; By: Assistant District Attorney day of r , 2013. CITY OF SANGER, TEXAS P. O. Box 1729 Sanger, Texas 76266 By; Honorable Thomas Muir Mayor of the City of Sanger, Texas Acting by and on behalf of the authority of the City of Sanger, Texas ATTEST: By: City Secretary APPROVED AS TO FORM: By; City Attorney COUNTY AUDITOR'S CERTIFICATE I hereby certify fiords are available to accomplish and pay the obligation of Denton County, Texas, colder this Agreement. Denton County Auditor ICA —Sanger -McReynolds Road - 2013 6 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS AND THE CITY OF SANGER TEXAS Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project with a total estimated cost of THREE MILLION TWO HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($3,265,310.00), whereby Denton County shall make a contribution toward satisfactory completion of the Project, which shall not exceed TWO MILLION NINE HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($2,965,310.00). Denton County hereby gives its specific written approval to the Project prior to beginning of the Project in satisfaction of the requirements of Texas Government Code §791.014. The description of the Project to be undertaken and its location are as follows: provide for all necessary design and construction of drainage and paving improvements to McReynolds Road from FM 2164 to S. Jones Street. The Project is located entirely within the municipal limits of the City of Sanger, Texas, and in Denton County Commissioner Precinct 41. The local governments which requested the Project and with whom the agreement is by and between are Denton County, Texas, and the City of Sanger, Texas. By vote on the date below, the Denton County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: Bv: Presiding Officer of the Denton County Commissioners Court ICA —Sanger —McReynolds Road 2013 Page 7 of 7 j rHE STATE OF TEXAS § COUNTY OF DENTON § TINS AG�EEI�IEIVT is made, entered into and executed by and between Denton County, Texas, a political subdivision of the State of Texas, hereinafter "the County," and the City of Sanger, Texas, a duly organized and existing Intmicipality, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." d�1Y�EIZEAS, the County and the City mutually desire to enter into this Agreement for the propose of providing for all necessary design and construction of drainage and paving improvements to McReynolds Road from FM 2164 to S. Jones Street, located within the municipal limits of the City and Denton County Commissioner Precinct #l, hereinafter "the Project." The total estimated cost of the Project is THREE MILLION TWO HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($3,265,310.00). W HEI2EAS, the Interlocal Cooperation Act, Texas Government Code Chapter, 791, hereinafter "the Act," provides authorization for a local government to contract with one or more local govermnents to perform governmental fiinctions and services under the terms of the Act and the County and the City hereby mutually agree to be subject to the provisions of the Act; and W HEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County's road system and the Parties are undertaking the Project to facilitate safe travel on improved roadways; and N OW, THE>[IE>FO>E�E, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein: Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perfornn certain governmental fiinctions and services { ICA —Sanger —McReynolds Road - 2013 1 of 7 j FHE STATE OF TEXAS § § COUNTY OF DENTON § County, Texas, a political subdivision of the State of Texas, hereinafter "the County," and the City of Sanger, Texas, a duly organized and existing municipality, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." iVHEIiEA.S, the County and the City mutually desire to enter into this Agreement for the purpose of providing for all necessary design and construction of drainage and paving improvements to McReynolds Road from FM 2164 to S. Jones Street, located tivithin the municipal limits of the City and Denton County Commissioner Precinct #l, hereinafter "the Project." The total estimated cost of the Project is THREE MILLION TWO HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($3,265,310.00). WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, hereinafter "the Act," provides authorization for a local goven7nment to contract with one or more local govermnents to perform governmental functions and services under the terns of the Act and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County's road system and the Parties are undertaking the Project to facilitate safe travel on improved roadways; and NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for the mutual consideration stated herein; Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental fimctions and services ICA —Sanger —McReynolds Road - 2013 I of 7 in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental fiinction or service that each party is authorized to perform individually. The County and the City hereby agree that the scope of the Project shall be limited to providing for all necessary design and construction of drainage and paving improvements to McReynolds Road from FM 2164 to S. Jones Street at a total estimated Project cost which shall not exceed THREE MILLION TWO HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($3,265,310.00). The County hereby agrees to contribute an amount toward satisfactory completion of the Project which shall not exceed TWO MILLION NINE HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($2,965,310.00) provided that any and all funding is approved by formal action of the Denton County Corrnnissioners Court, JV. The City hereby agrees to contribute an amount of THREE HUNDRED THOUSAND AND NO1100 DOLLARS ($300,000.00) toward satisfactory completion of the Project and to provide for all necessary design and construction of drainage and paving improvements which may be required for satisfactory completion of the Project. In addition, the City will provide all inspections of the Project. V. This exchange of in -kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement to the.Denton County Auditor, James Wells, 401 W. Hickory . Street, Suite 423, Denton, Texas 76201, and at the same time submit a copy of all invoices to Denton County Commissioner Precinct #1, Attn: Hugh .Coleman, 1175 Union Hill Road, Sanger, Texas 76266, on a monthly basis and the County shall reimburse the City on a pro rata basis for all approved expenses related to the Project within thirty (30) calendar ICA —Sanger —McReynolds Road - 2013 2 of 7 in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental fiinction or service that each party is authorized to perform individually. The County and the City hereby agree that the scope of the Project shall be limited to providing for all necessary design and construction of drainage and paving improvements to McReynolds Road from FM 2164 to S. Jones Street at a total estimated Project cost which shall not exceed THREE MILLION TWO :[IUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND NO/100 DOLLARS ($3,265,310.00). The County hereby agrees to contribute an amount toward satisfactory completion of the Project which shall not exceed T�VO MILLION N1NE HUNDRED SIXTY-FIVE THOUSAND THREE HUNDRED TEN AND N0/100 DOLLARS ($2,965,310.00) provided that any and all funding is approved by formal action of the Denton County Commissioners Court, J(V. The City hereby agrees to contribute an amount of THREE HUNDRED THOUSAND AND N0/100 DOLLARS ($300,000.00) toward satisfactory completion of the Project and to provide for all necessary design and constriction of drainage and paving improvements which may be required for satisfactory completion of the Project. In addition, the City will provide all inspections of the Project. W This exchange of in -kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, James Wells, 401 W. Hicicoiy . Street, Suite 423, Denton, Texas 76201, and at the same time submit a copy of all invoices to Denton County Commissioner Precinct #l, Attn. Hugh .Coleman, 1175 Union Hill Road, Sanger, Texas 76266, on a monthly basis and the County shall reimburse the City on a pro rata basis for all approved expenses related to the Project within thirty (30) calendar ICA —Sanger —McReynolds Road - 2013 2 of 7 days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the tellnS of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. 6�I . As required by Texas Transportation Code §251,012 and as evidenced by the signattue of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of a street or alley in the County that is located in the City. This Agreement may be terminated in whole or in part by the County or the City upon thirty [30] days written notice to the other party. FILM This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Thomas Muir, Mayor City of Sanger; Texas P. 0. Box 1729 Sanger, Texas 76266 Copy To: Tami Taber, City Secretary City of Sanger, Texas P. 0. Box 1729 Sanger, Texas 76266 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2" d Floor Denton, Texas 76201 Copy To: Denton County District Attor7rey's Office -Civil Division 1450 East Mcl�inney Street, Suite 3100 Denton, Texas 76209 ICA —Sanger —McReynolds Road - 2013 3 of 7 days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terns of this Agreement. Upon satisfactory completion of the Project, the Comity and the City shall prepare and complete a firll audit of the Project. VIA. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of a street or alley in the County that is located in the City. This Agreement may be terminated in whole or in part by the County or the City upon thirty [30] days written notice to the other parry. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Thomas Muir, IVlayor City %J Sanger, Texas P. 0. Box 1729 Sanger, Texas 76266 Copy To: Tami Taber, City Secretary City of Sanger, Texas P. 0. Box 1729 Sanger, Texas 76266 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Copy To: Denton County District Attorneys Office -Civil Division 1450 East Mcl�inney Street, Suite 3100 i Denton, Texas 76209 ICA —Sanger —McReynolds Road - 2013 3 of 7 The covenants, tellnS and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually ab ee that venue for any oUligation arising from this Agreement shall lie in Denton County, Texas. The County agrees and understands that the County, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the City. The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. The Cotulty agrees to accept firll responsibility for the acts, negligence or omissions of all County employees, agents,, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the County. The City agrees to accept full responsibility for the acts, negligence or omissions of all City employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the City. This Agreement is not intended to extend the liability of the Parties Ueyond that • provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. I11 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 remaininBF r shall remain valid and in fiill force and effect to the fullest extent possible. ICA —Sanger — lYlcReynolds Road - 2013 4 of 7 The covenants, teens and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. The County agrees and understands that the County, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the City, E�fl The City agrees and understands that the City, its employees, servants, agents or representatives shall at no time represent themselves to be employees, servants, agents or representatives of the County. The County agrees to ,accept filll responsibility for the acts, negligence or omissions of all County employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the County. �� The City agrees to accept fidl responsibility for the acts, negligence or omissions of all City employees, agents, subcontractors or contract laborers and for all other persons doing work under a contract or agreement with the City. X'�I. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. 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 filll force and effect to the fiillest extent possible. ICA —Sanger —McReynolds Road - 2013 4 of 7 AGENDA INFORMATION SHEET AGENDA ITEM APPROVAL OF A CHANGE IN ATMOS ENERGY CORPORATION, MID-TEX DIVISION'S ("ATMOS") RATES AS A RESULT OF SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES ("ATM") UNDER THE RATE REVIEW MECHANISM ATMOS TEXAS MUNICIPALITIES The City is a member of the Atmos Texas Municipalities ("ATM"). The ATM group was organized by a number of municipalities served by Atmos and has been represented by the law firm of Herrera & Boyle, PLLC (through Mr. Alfred R. Herrera). ATM also retained the services of a consulting firm, Utilitech, Inc. (Mr. Mike Brosch and Mr. Steve Carver) to assist in reviewing an application submitted by the Mid -Tex Division of Atmos Energy ("Atmos") that seeks to change Atmos' rates. The firm of Utilitech has also participated in prior rate' cases involving Atmos. RATE REVIEW MECHANISM In the summer of 2013, Atmos and ATM entered into an agreement that approved a process for calculating annual changes to Atmos' rates under a tariff called the Rate Review Mechanism. Atmos submitted its RRM package to the cities on or around July 15, 2013. Atmos requested an increase in rates on a system -wide basis of $22.7 million. Atmos' requested amount of $22.7 million includes a $3 million reduction that is a component of the R.RM tariff. Without the reduction, Atmos' request would have been $25.7 million. After reviewing Atmos' rate -filing package, experts retained by ATM concluded in a preliminary report that an increase of only $8.5 mon was supported by Atmos' data. ATM's experts' recommendations focused on Atmos' Operations and Maintenance expenses, Medical and Dental Benefits, Insurance expenses, Tax Adjustments, Capital Structure and Cost of Debt, and Regulatory Assets. Following a series of settlement negotiations between Atmos' experts and ATM's experts, and the back and forth that accompanies such negotiations, Atmos offered to resolve this matter for an increase of $1.6.6 million, a $6.1 million decrease from its original proposal. In response to ATM's request, and as part of its settlement offer, Atmos also agreed to postpone the effective date of the increased rates by two weeks, which has the effect of reducing its total system -wide increase by about $300,000.00. Thus, at this juncture, the ATM cities' options are as follows; Option 1. To deny Atmos' requested increase and approve no increase; Option 2. To deny Atmos' requested increase and approve an increase of $8.5 million, based on ATM's consultants' report; or Option 3. To deny Atmos' requested increase of $22.7 million but approve an increase of $16.6 million. Note that under Option 1 and Option 2, Atmos has the right to appeal the ATM cities' decisions to the Railroad Commission of Texas (Commission) and pending such an appeal would have the right to immediately implement its proposed increase of $22.7 million, subject to refund if the Commission's review later finds it inappropriate. In an appeal to the Commission, Atmos would in all likelihood argue that the costs of appeal should be borne by only the ATM cities. Given the Commission's tendency to err in favor of utilities, Atmos would likely prevail. An appeal would significantly increase the burden on ratepayers by adding rate case expenses, which would include both ATM's and Atmos' costs of preparing and prosecuting the appeal, and the costs of a hearing. Also, there is a substantial risk that the Commission would grant Atmos a greater increase than the currently proposed settlement amount. RECOMMENDATION: After a series of negotiations with Atmos, and, given the risks of continued litigation of this matter, ATM's special counsel recommends approval of an increase of $16.6 million. While this amount is materially higher than ATM's experts' preliminary report suggests, if the ATM cities reject Atmos' settlement offer, Atmos would appeal the cities' decision to reject their original request to the Commission, and there are a number of contested issues whose outcome would be uncertain in an appeal. Also, an increase of $16.6 million is within the range of possible outcomes on appeal, particularly in light of the many rulings the Commission has issued that favor the utilities over ratepayers. Therefore, given the cost of litigation, and the risks of an unfavorable outcome at the Commission, special counsel advises ATM to accept a settlement increasing rates by $16.6 million which is about 27% less than Atmos' full requested increase. The rate schedules to accomplish the increase are attached to the Ordinance approving the increase. Approval of this increase in rates increases an average customers' total bill as follows: Residential Customer Commercial customer: hidustrial/Transportation Customer: $0.74/month and 1.75%overall. $2.16/month and 1.01 %overall. $53.65/month and 2.02% overall. The attached Ordinance directs Atmos to reimburse ATM's rate -case expenses and also establishes Atmos' Pension and Other Post Employment Benefits for purposes of establishing the benchmark for Pension/OPEB costs. The City should take action as soon as possible but no later than November 1, 2013. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I R — RESIDENTIAL SALES APPLICABLE TO: I ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: I Bills Rendered on or after 11/01/2013 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 17.70 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 17.72 per month Commodity Charge — All Ccf $0.05831 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement , An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Se, vice. 1 Reference Rider CEE -Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2013. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I C —COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: I Bills Rendered on or after 11/01/2013 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 35.75 per month Rider CEE Surcharge $ 0.10 per month' Total Customer Charge $ 35.85 per month Commodity Charge — All Ccf $ 0.06893 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required.. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE -Conservation And Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2013. MIDJEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I I — INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID - TEA DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: (Bills Rendered on or after 11/01/2013 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 620.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2565 per MMBtu Next 3,500 MMBtu $ 0.1879 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0403 per MMBtu Gas Cost Recovery:. Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and. Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or Customer will, for each MMBtu delivered in excess of the stated level Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MIDJEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I I — INDUSTRIAL SALES APPLICABLE TO: I ALL CUSTOMERS IN THE MID -TEA DIVISION EXCEPT THE CITY Or DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: I Bills Rendered on or after 11/01/2013 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service, Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: T —TRANSPORTATION APPLICABLE TO: I DALLAS AND UNINCORPORIATED AREAS N EXCEPT THE CITY OF EFFECTIVE DATE: I Bills Rendered on or after 11101/2013 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 620.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2565 per MMBtu Next 3,500 MMBtu $ 0.1879 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0403 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gaskas calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers 'inside the corporate. limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX, Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest Cl"d lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. MID-TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: I T — TRANSPORTATION APPLICABLE TO: I ALL CUSTOMERS M THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: I Bills Rendered on or after 11/01/2013 Curtailment Overpull Fee Upon notification by Company of an event *of curtailment or interruption Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA - WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: I ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: j Bills Rendered on or after 11/01/2013 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls: Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one -hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per CC Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAF; x Where q,� is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: I WNA — WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS . EFFECTIVE DATE: Bills Rendered on or after 11/01/2013 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 9.97 0.1318 96.50 0.5659 Austin 11.05 0.1262 189.59 0.7195 Dallas 13.13 0.1832 171.84 0.8797 Waco 9.78 0.1262 117.60 0.5774 Wichita 10.99 0.1297 107.70 0.5041 Falls Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and a Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. 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O.pp V CD 3 0 W W W .p O .p (Jn ry d 3 co co OD N P o A o Cn �n C p� fA Efl ffl ffl Efl EA fA 'D �O N .N+ 'Tt Q N N W O ��w fAMD co CT O) 0) co W J A (An �— rnrn rn (m(nwrnOD� rnw 3 � A A co V W (Wn A 3 C) O O 00 O o J o Cn fA Efl to (n 69 G C N D W N W J O d O(DJ O) CD '-D A O w A -PL N V N Cn J (D N 1 �• COUNCIL ADGENDA 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: October 7, 2013 Submitted By: Brian Crenwelge Director of Parks and Recreation City Manager Reviewed/Approval Initials -- Date -- ACTION REQUESTED: ❑ ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Park advertising agreement. FINANCIAL SUMMARY ❑ N/A GRANT FUNDS [:]OPERATING EXPENSE ®REVENUE ❑CI P []BUDGETED [:]NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The Parks and Recreation Department currently does not have a structured agreement for advertising in parks and athletic fields. The purpose of this advertising agreement is to provide a consistent policy for size and length of term for posting signage in parks which currently does not exist. The advertising agreement was presented to the Parks Board and Keep Sanger Beautiful Board on September 10, 2013 and after much discussion they recommend the term and rates of the advertising agreement.. This agreement will not impact any existing advertising agreements currently in effect. .STAFF OPTIONS & RECOMMENDATION The Director of Parks and Recreation recommends approving the advertising agreement as approved by the Parlcs Board and the Deep Sanger Beautiful Board. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Advertising Agreement Agencies: The Parks Board and the Keep Sanger Beautiful Board have reviewed and voted to approve the advertising agreement. ORDINANCE 9104843 AN ORDINANCE BY THE CITY OF SANGER, TEXAS ("CITY"), APPROVING A CHANGE IN THE RATES OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION ("ATMOS") AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES ("ATM") UNDER THE RATE REVIEW MECHANISM; FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; DIRECTING ATMOS ENERGY TO REIMBURSE THE CITY'S RATE -CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THE ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Sanger, Texas ("City") is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and under § 103.001 of GURA has exclusive original jurisdiction over Atmos Energy Corporation —Mid-Tex Division's ("Atmos") rates, operations, and service of a gas utility within the municipality; and WHEREAS, Section 103.021 of GURA authorizes the City to obtain information from Atmos as necessary to make a determination of the basis for the Atmos' proposed increase in rates; and WHEREAS, Section 103.022 of GURA provides that Atmos shall reimburse the City its reasonable cost of engaging personnel to assist it in reviewing Atmos' application; and WHEREAS, the City has participated in prior cases regarding Atmos as part of a coalition of cities known as the Atmos Texas Municipalities ("ATM"); and WHEREAS, the Rate Review Mechanism ("RRM") for 2013 that At filed with the City Secretary on or around July 15, 2013 proposed asystem-wide increase of $22.7 million; and WHEREAS, experts representing ATM have analyzed data furnished by Atmos and have interviewed Atmos' management regarding the RPM; and 1 WHEREAS, it is necessary to establish the benchmark cost for Pensions and Other Post Employment Benefits (Pension/OPEB), and WHEREAS, on September 26, 2013, ATM and Atmos entered into a settlement agreement which would provide for a net increase of $16.6 mon. This will cause the rates to increase by $0.74 per month for a typical residential customer; and WHEREAS, the settlement agreement's net decrease to Atmos' previously filed request would be approximately 27% less than such filed RRM; and WHEREAS, the Steering Committee of ATM and its counsel recommend approval of the attached tariffs, set forth as Attachment A. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS THAT: Section I. The findings set forth in this Ordinance are hereby in all things approved. Section 2. The amended tariffs in Attaclmlent A are hereby adopted to become effective on November 1, 2013. Section 3. The benchmark for Pension and Other Post Employment Benefits shall be as shown in Atmos' RRM 2013 Application at Workpapers F-2.3 and F-2.3.1, for fiscal year 2013, appended to this Ordinance as Attacluilent B. Section 4. Atmos is hereby directed to reimburse the City's costs, as part of the Atmos Texas Municipalities, of engaging colulsel, rate consultants, and other personnel in assisting the City in its investigation of Atmos' proposed increase in rates. Section 5. To the extent any Ordinance or Resolution previously adopted by the City Council is inconsistent with this Ordinance, it is hereby superseded. Section 6. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 7. If any one or more sections or clauses of this Ordinance is judged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 8. This Ordinance shall become effective from and after its passage. Section 9. A copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Christopher Felan, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240 and to Mr. Allied R. Herrera, Herrera &Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701. PASSED AND APPROVED this ATTEST: Tami Taber, City Secretary day of October, 2013. Thomas Muir,lVlayor Rate Schedule: R —Residential Sales Rate Schedule: C —Commercial Sales Rate Schedule* I — Industrial Sales Rate Schedule: T — Transportation Sales Rate Schedule: WNA — Weather Normalization Adjustment City of Sanger Parks & Recreation Advertising Agreement Parks and Recreation Administration Office 201 Bolivar Street Sanger, Texas 76266 (940) 458-2059 Fax (940) 458-4072 NAME OF BUSINESS: CONTACT NAME: BUSINESS,MAILING ADDRESS: CITY & ZIP: CONTACT DAY PHONE. EMAIL: I understand and agree that signs are not produced by Sanger PARD. I understand and agree that my sign may be damaged, vandalized, torn or destroyed by causes beyond the control of Sanger PARD. I understand that Sanger PARD is not responsible for costs associated with damaged signs. If a replacement sign is needed, I understand and agree that the Sanger PARD will install the replacement immediately. I understand and agree that all text, images and messages on the sign will be in good taste and not offensive as determined by the Parks Director. I understand and agree that there are no exclusive agreements and that competitive type business signs might be placed in close proximity. I understand and agree that the maximum height of scoreboard sign is four (2) feet high and maximum width of scoreboard sign is eight (8) feet wide. I understand that once my agreement has expired and sign has been removed, I have thirty (30) days to pick up my sign from PARD Admin Office. I understand that returned -checks for payment will void this agreement. I understand and agree that the current rates are (effective October 1, 2013): Advertising Locations: Fields # 1- # 3 Sanger Sports Complex Fields #1- #4 Railroad Ball Park Scoreboards at all Ball Fields Annually $2000 (sign must be 2' tall x 8' wide) Location of Sign Date accepted by Sanger PARD Length of Term Annual (12 months) Amount Due Agreement expires and sign removed unless renewed previous to expiration date. (Make Checks Payable to the City of Sanger) I COMPLETELY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY SIGNING AND DATING BELOW. 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O- O N (p O cn (p (D :' 3 o @ con o (n< < C� voi �' 4 v v o m(D o (D(n (D N -� Oi Ca C2 cn O Q N (D cn rt o o .(D (D (D O C zT O 0 o O w N 0 0 N �' O O a 0O O p m D (D (D o Q m x 00 (D o (D ^:n (D � O C N Q O ^+• T ` p O UJ '� (DQ. •" j COD o :3n C) x p o D 3(0 cn o =r �• m =+i =r v (n N� (D Q o Q (n w O O n � (n' Cn (D � 6' 3 (D (D O O cn O N77 T O_ (D p 3 n (D p O_ Cn (D (OD (D y (D C o (D = + Q (n o CL :3(D co < O « N o Q- cn N p p v< N O fn' (DO 0 -s (Q 0 -� 7 O ()1 (p n O Q (D (D N N O C7 « (D (n p Qop O� C _ N-' O (D 0 0 N , O N n (Q Q (n (D OQ N Cn o. O O C o u p (n N �� (D p�j (p co (n O cn — cn C Q (D O W N v z- (D 7 W 3 N _ O (D CL n � G O (D O N _ � �' < (D U) �' (Q N (D v N (Q O ` v 3 C (D O O (D O O �_ (Q 0., (D C ?1 (n Q Q < C o pOj =• (O (D p =3 cn Q SANGER PUBLIC LIBRARY MONTHLY REPORT AUGUST 2013 Submitted by Audrey Tolle HIGHLIGHTS: With the Summer Reading program coming to a close, the focus shifted to projects such as staff training and painting areas of the library's interior. The foyer, meeting room, bathrooms, computer room, office, and part of the workroom were given much -needed coats of paint in various shades of green, blue and gold/beige, ADMINISTRATION: The groundwork was laid for implementing new, city-wide procedures in cash handling. New spreadsheets were created by the city's finance director for calculating the library's receipts and deposits, replacing the old monthly balance sheet previously used. The director began using these forms and instructed staff in how to record receipts. Arrangements were also made with the Finance department to more efficiently order library materials from vendors with existing state contracts, allowing P.O.'s with higher limits to be issued. The last of the seven online SGR classes assigned to the director when she was hired in March were completed before her six-month review. Other city -mandated training programs were also attended by staff members, including a CPR class, a half -day cash handling workshop, and open enrollment meetings for health benefits. Meetings attended: NTLC, 8/12, via GoTo Meeting Library Board, 8/12, Sanger library Cash Handling Workshop, 8/16, White Settlement (Audrey Tolle & Laura Klenke attended) Friends of the Library, 8/ 20, Sanger library Dave Gaskins (consultation on Tocker Foundation furniture grant), 8/29 PROGRAMS: Teen Programs: "Godzilla Movie Night" and "Godzilla Gaming Tournament." Adult Programs: Two knitting and crochet meeting and one book club meeting. Children's Programs: No storytimes are held in August. AUGUST 2013 STATISTICS Aug-12 Aug-13 BORROWER CARDS Last Month 3983 3747 New Cards 63 68 Cards withdrawn 0 0 Cards reactivated 5 10 TOTAL 4051 3825 CIRCULATION Nonfiction 327 358 Fiction 812 760 Junior Fiction 299 248 Children's Books 625 244 Leased Books 158 128 Interlibrary Loan 8 9 Spanish Materials 20 15 Audio Books 166 120 Music CDs 20 27 Video Materials 947 770 Equipment 3 2 Crystal from other libraries 228 211 TOTAL CIRCULATION 3613 2892 to other libraries 102 83 INTERNET SESSIONS 1114 775 PROGRAMS Children's Programs 1 Children Attending 20 Adults Attending Teen Programs 2 2 Number Attending 47 40 Other Programs 4 3 Number Attending 27 14 VOLUNTEERS Number of Adults 10 8 Number of Juniors 2 5 Number of Hours 66 6198 COLLECTION Books 994 17030 Leased Books 172 192 Paperback Fiction 2335 2374 Audio Books 840 818 Music CDs 353 362 Video Materials 1155 1937 Microfilm 86 90 Equipment 4 4 TOTAL COLLECTION 22277 22807 REVENUE Fines $341483 $271072 Copies $157026 $180634 ILL Postage $8635 $7A0 New Cards $6050 $10,00 Lost Materials $27498 $22.36 Miscellaneous $0600 $1063 TOTAL $541092 $493045 2IY Ct: S 7(g�2CYlOC1SgJQ15.00(11 Godzilla Galore at the Sanger public Library The Sanger Public Library will be hosting their last gaming event of the Summer! Due to an increased inter ai est, we'll be featuring a Godzilla themed weekend - Friday, August 8 and, Saturday, August 9th, Come join us Friday night for action and excitement and of course... GODZILLA! We'll be smashing off the weekend with a Godzilla themed movie screening. (Due to licensing restrictions please call the library for title information.) Movie starts at 7 PM door Prize drawing sponsored by Chrbi Goji by Laura Klinke Toys (www.chibigojitoys,com). Saturday, the Godzilla action continues. The library will be hosting a Godzilla Unleashed Wii Tournament! Children, Preteens and families are invited to join us at 11 her AM — 2 PM, and teens will be from 2 PM lay duringtthe Godzilla games will be available for free play tournament, onsors for our event, We have some very generous sp Chibi Goji Toys is a Godzilla collector's dream! They have all sorts of Godzilla memorabilia, toys and gifts! Visit them at www.chibigojitoys.com. Toy Vault makes Mush toys and apparel, table -top games, and novelty items for other movies as h�zilla Jim Hensoi�s esPrincess ThLabyrinth, DakCrystal,, CthuluZombies and Mo e. Visit them at www.toyvault,com . For more information, please call or come by TX 762e a940- Public Library, - 501 Bolivar StreeSnger t, Sanger, 458.3257 at or email Laura at lklenke@sangertexas.org• 1, � olications.corn '$/ 2i /m OL 4N q• emai;;:sangerCiemer�bicatim.com cur port pings on ne, your which be vig- ith your adjust Jingly. liversify matter our life, i diversi- owning hents — ernment 2r vehi- you'll portfo- ure that versified. strategy lute the o'' ur in mind ed Port- e profits SS6 lntaill a ive, No ght hear tere's no vestment lIe hope that one 11 make -- but a fan - we your d to in - through .d bad. inevita- t'll need mg -term N a con - strategy, adiust- etor e, you'll lany as - to stay success* to work he conl- In 1959, seven average military wives were launched into a financially comfortable life of celebrity, thanks to their fighter -pilot husbands (now called "astronauts"), NASA, and Life magazine, who bought exclusive and extensive in- terview rights. Over the next few years, the Original Seven astronauts of the Mercury Pro gject (1959-1963) were joined by the New Nina of the Gemini missions (1962-1966) and the Fourteen of' Gemini and Apollo programs (1961-1972), and their wives became in some ways part of the wives group. These were the heroes behind the heroes, the women who kept a home life and children going amidst a massive inva- sion of privacy and normal routines, the ones who demon- strated unflagging patriotism and support for America and the space program, the ones who managed chore after chore alone while their husbands were on a 6 month Navy Mis- sion to who knows where or off training in Florida and get- ting big doses of adulation from bikini -clad young women. They were the ones who encouraged and supported their husbands, whether they were testing experimental airplanes or had the audacity to believe they could ride a rocket to the moon, "The Astronaut Wives Club", by Lily Koppel, tells the story of these everyday women who were suddenly thrust into the public eye, with no preparation or assistance or experience in dealing with such matters. They rose to the occasion however, and established protocols for emotional situations, helped each other cope with the onslaught of me- dia attention and with the stresses and fears that went along with their husbands' occupations. This fascinating look at the early days of the American space program is an enjoyable read ---no in-depth discus- sion of the Apollo I tragedy or Apollo 13 near -tragedy, no detailed science lectures over how the astronauts were ac- complishing all they did . It is more about how the wives handled [lie challenges and grew into their new jobs as as- tronaut wives and the gift they gave this country by their support and patriotism. Koppel talked with many of the wives to weave this portrait of their lives at that time, and does an excellent job of blending in the varied personalities and experiences. She doesn't probe deeply into the darker aspects, though she does acknowledge some of them, such as the fact that many of these marriages of the early astronauts did not survive, This is an entertaining look at a slice of America in the 1.9601S, and many types of readers should enjoy it. Lilly Koppel's new book, "the Astronaut Wives Club", is now available at Sanger Public Library, To place a hold on this or any book, phone the library at 940-458-3257, come by 501 Bolivar on the square, email us at library(ri;sangertex- as.org, or send us a message on our Facebook page. Friends Of The Library Frosting The 27th Annual Used Book Sale During Sanger Sellabration Time is here again for the Sanger Public Library an- nual used book sale on Saturday September 14th, during the Sellabration. Adult books will be displayed in the library conference room. Childrens books and videos will be in the gazebo in the park beginning at 8 a. in, Be sure to check out both locations, Hardback books are $1.00 each, paperbacks are fifty cenIs each. A special feature is filling a brown bag with pa- perbacks for $5.00! Other specials include LJ' albums for $1.00, half price sale on left -over inventory at 2 p.m, Teachers (including home school) can shop for free books at 4 p.ni, EVERYONE can shop for free books at 4:30 p.m. COME EARLY FOR BEST SELECTIONS! Open Mon•Thurs Gam-6pm Fri -Sat Gam -9pm beside S&J I'harnlacy in Sanger Carson's Coffee Corner is also available for meQtings of all kinds, showers, Bible Studies, ere. Call 940-600-,4810 for dotalls. 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