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08/05/2013-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, AUGUST 5, 2013 7*00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: July 15, 2013 - Worlc Session July 15, 2013 - City Council July 29, 2013 - Special Called b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Conduct a Public Hearing Regarding Amending the Official Zoning map to Rezone the Property Located at the Southwest Corner of 5th Street and Willow Street From SF40 Single Family Residential to PD Planned Development District. 6. Consider, Discuss and Possibly Approve Ordinance #08-13-13 -Amending the Official Zoning map to Rezone the Property Located at the Southwest Corner of 5th Street and Willow Street From SF-10 Single Family Residential to PD Planned Development District. 7. Discuss Tax Rate, Talce Record Vote on Tax Rate and Schedule Two Public Hearings on Tax Rate and Approve Resolution R08-13-13 Establishing Date, Time and Place for Public Hearings on Budget and Tax Rate. 8. Consider, Discuss and Possibly Approve an Engineering Services Agreement With Eikon Consultant Group, LLC for the Sanger Presbyterian Church. 9. Consider, Discuss and Possibly Approve a Contract With Progressive Waste for Solid Waste and Recycling Services. 10. Consider, Discuss and Possibly Approve Contract With Duncan, Sims, Stoffels, Inc., for• Design of the Splash Parlc. 11. Consider, Discuss and Possibly Approve Resolution R#084443 -Appointing one Member to the Board of Managers of the Denco 9-1-1 District. 12. Consider, Discuss and Possibly Approve Rejecting all Bids for the Belz Road Extension Project. 13. INFORMATION ITEMS: a) Financial & Investment Report - June b) Library Report - June 14. Adjourn. I, the undersigned bulletin board, at accessible to the al posted until m authorityI clo hereby cel tify that this Notice of Meeting was posted on the he City Hall of the City of Sanger, Texas, a place convenient and readily neral public at all times, and said notice was posted on the following date di3 at <! 0 �m. and shall remain ��mTr Tami Taber, City Secretary City of Sanger, Texas /rrrrnn in�tt�� This facility is wheelchair accessible and accessible parlung spaces are available. Requests fot• accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL WORKSESSION July 15, 2013 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens and Councilman Gary Bilyeu ABSENT: Councilman Allen Chicle OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Cheryl Davenport Finance Director and Joe Falls L Call Meeting to Order. Mayor Muir called the meeting to order at 6:00 p.m. 2. Budget Workshop. City Manages• continued the power point presentation and noted there will be a 10%increase on sewer rates. There will also be an 8% increase on water rates for the next two years. 3. Overview of Items on Regular Agenda. 4. Adjourn. Mayor Muir adjourned the work session at 6:26 p.m. MINUTES: CITY COUNCIL MEETING July 15, 2013 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens and Councilman Gary Bilyeu ABSENT: Councilman Allen Chicle OTHERS PRESENT: Mike Brice City Manager, Taint Taber City Secretary, Cheryl Davenport Finance Director, Chad Spratt, Joe Falls, Gerald Jenkins and Christina Kurtz 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Stephens led the Invocation, followed by Councilman Martin leading the Pledge of Allegiance. 2. Citizens Input: Joe Falls, 4489 McReynolds Road, spoke about having budgetary money of significant amounts put towards the aging infrastructure (sewer lines). He also wanted to reiterate his commitment to the future of Sanger. Gerald Jenkins, 2507 Chippewa Trail, spoke about code enforcement issues throughout Sanger. He stated it is what people see that bothers him when they come to Sanger, which are vehicles sitting with outdated inspections, vehicles parked in yards, RV's and junk. He has been driving throughout Sanger and making notes on where he feels there is a lack of enforcement. The list was given to the City Manager. Christina Kurtz, 1004 Wood Street, Apt #9, introduced herself and said that she had recently moved to Sanger and is looking to support Sanger's growth and is looping into opening a business here. CONSENT AGENDA 3. a) Approval of Minutes:. July 1, 2013 - Worlc Session July 1, 2013 -City Council b) Disbursements Councilman Bilyeu made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Awarding Bid Regarding the Construction of Freese Drive Paving and Utility Improvements, Authorize Expending Approximately $75,000 in Wastewater Capital Improvement Funds for Associated Sewer Line Replacement and Authorize City Manager to Approve Change Orders in Accordance With Local Government Code 252.048. Councilman Martin made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. i 6. Consider, Discuss and Possibly Approve Ordinance #074243 - Annexing Tract 51 and Tract 53 of the J. Morton Survey Into the City Limits, Approximately 135 Acres Located Along Union Hill Road. Councilman Martin made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 7. INFORMATION ITEMS: a) Animal Control Report b) ATMOS Energy Update to Conservation and Energy Efficiency Tariff c) ATMOS Rider GCR - Rate Filing Under Docket No. 10170 8. Adjourn. Mayor Muir adjourned the meeting at 7:24 p.m. MINUTES: CITY COUNCIL SPECIAL CALLED July 29, 2013 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Scott Stephens and Councilman Gary Bilyeu ABSENT: Councilman Russell Martin and Councilman Allen Chick OTHERS PRESENT: Mike Brice City Manager and Tami Taber City Secretary 1. Call Meeting to Order. Mayor Muir called the meeting to order at 5:55 p.m. 2. Consider, Discuss and Possibly Approve Appointing Mike Brice to the Upper Trinity Regional Water District Board to Represent the City of Sanger. Rob Woods was the former representative of the City of Sanger and due to his resignation, a new representative needs to be appointed prior to Upper Trinity's next scheduled meeting on August 1, 2013. Councilman Bilyeu made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 3. Adjourn. Mayor Muir adjourned the meeting at 6:15 p.m. 7/11/2013 11:20 A14 A / P CHECK REGISTER PACKET: 05913 Regular Payments `7/11/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK NAME / I.D. DESC TYPE DATE 21260 TEXAS DEPARTMENT OF STATE HEALTH SERVICES I-4/30/2013 RENEW CODE ENF.LICENSE R 7/11/2013 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 CHECK DISCOUNT AMOUNT NO# 156*00CR 054284 NO# DISCOUNTS CHECK AhiT TOTAL APPLIED 1 0.00 156.00 156.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 156.00 156.00 PAGE: 1 CHECK AMOUNT 156.00 7/15/2013 5:13 PM A / P CHECK REGISTER .PACKET: 05919 Regular Payments 7/15/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK `I NAME / I.D. DESC TYPE DATE 26000 CTN EDUCATIONAL SERVICES I-CRENWELGE TX2013 CEU'S CRENWELGE/HUNTER R 7/15/2013 I -HUNTER TX2013 CEU'S CRENWELGE/HUNTER R 7/15/2013 TCTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK DISCOUNT AMOUNT N04 120.00CR 054285 100.00CR 054285 N0� DISCOUNTS CHECK Ab1T TOTAL APPLIED 1 0.00 220.00 220.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 220.00 220.00 PAGE: 1 CHECK Ab90UNT 220.00 7/18/2013 7:48 AM DIRECT PAYABLES CHECK REGISTER PACKET: 05925 Direct Payables 7/17/13 C VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK Vf I.D. NAME TYPE DATE 04290 SANGER CHAMBER OF COM14ERC I-6/30/2013 HOTEL MOTEL TAX R 7/18/2013 ** B A N K T O T A L S ** NO$ DISCOUNTS REGULAR CHECKS: 1 0.00 HANDWRITTEN CHECKS: 0 0.00 PRE-91RITE CHECKS: 0 0.00 DRAFTS: 0 0.00 VOID CHECKS: 0 0.00 NON CHECKS: 0 0.00 CORRECTIONS: 0 0.00 BANK TOTALS: 1 0.00 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 2,158.31 059286 2,158.31 CHECK AMT TOTAL APPLIED 2,158,31 21158,31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,158.31 2,158.31 7/18/2013 7:47 A14 A / P CHECK REGISTER PAGE: 1 PACKET: 05924 Regular Payments 7/17/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK I NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 18100 AMERICAN MUNICIPAL SERVICES I-15509 JUNE 2013 COLLECTION R 7/18/2013 675417CR 054287 675,17 03170 ASCO I-C26089 BACKHOE REPAIR PARTS R 7/18/2013 2,014.95CR 054288 I-C27866 BOOM STABILIZER R 7/18/2013 202.92CR 054288 2,217.87 02460 AT&T MOBILITY I-5/23/13-6/22/13 WIRELESS 5/23-6/22/13 R 7/18/2013 752.05CR 054289 752,05 25610 AUSTIN LANE TECHNOLOGIES, INC I-20130709 MAINTAINANCE PLAN -TECH R 7/18/2013 31699400CR 054290 I-20130709-0 POWERCONNECT 2848 SWITCH R 7/18/2013 105.00CR 054290 31804,00 23600 AUSTIN TURF & TRACTOR I-776444 ACTIVATION MODULES R 7/18/2013 11240.15CR 054291 11240,15 25410 HINKLEY & BARFIELD - C&P, INC I-9952 NEW BELZ EXT INTERLOCAL R 7/18/2013 71200.00CR 054292 7,200.00 26100 BRAUGHLER, CODY I-BRAUGHLER 2013 REIMB. BOOTS 2013 R 7/18/2013 50.00CR 054293 50600 00440 BRAZOS ELECTRIC I-28488-RI-1 JUNE 2013 R 7/18/2013 13,168.88CR 054294 13,168*88 22300 CARD SERVICE CENTER C-RADIO 6/25/13 NETWORK & PHONE CORD R 7/18/2013 9,99 054295 I -EAGLE 6/11/13 EAGLE & WHEELER - COPIES R 7/18/2013 75.20CR 054295 I-GOV TREAS 6/20/13 CASH MANAGEMENT TRAIN R 7/18/2013 1,020,00CR 054295 I-GOVT TREAS 6/20/13 GTOT MEMBERSHIP R 7/18/2013 75.0OCR 054295 I-HOLTCAT 6/26/13 CONTROL SHAFT PIN R 7/18/2013 22.05CR 054295 I-HOMEDEPOT 6/18/13 DISHWASHER R 7/18/2013 300.66CR 054295 I-HOMEDEPOT 6/20/13 HOME DEPOT - WIRING R 7/18/2013 285.92CR 054295 I-HOMEDEPOT 6/6/13 AC/DC WELDER R 7/18/2013 650.25CR 054295 I -HOST DEPT 6/28/13 DOMAIN RENEWAL R 7/18/2013 6.30CR 054295 I-ICMA 6/5/13 ICMA CONF, BRICE R 7/18/2013 635.00CR 054295 I -LA QUINTA 6/8/13 LAQUINTA NOPIL1..N, OK R 7/18/2013 84.94CR 054295 I -RADIO 6/18/13 NETWORK & PHONE CORD R 3/18/2013 36.98CR 054295 I -RADIO 6/24/13 NETWORK & PHONE CORD R 7/18/2013 9.99CR 054295 I -SITES 6/5/13 WEB HOSTING R 7/18/2013 _ 119.40CR 054295 I-SITES.COM 6/5/13 DOMAIN RENEWAL R 7/18/2013 6.30CR 054295 I -SOUTHWEST 6/5/13 ICMA CONF, BRICE R 7/18/2013 242.10CR 054295 I-SUPERSAVE 6/26/13 SUM14ER READING SUPPLY R 7/18/2013 57.13CR 054295 I-SUPERSAVE 6/7/13 SUMMER READING SUPPLY R 7/18/2013 78.98CR 054295 I -TACO C 6/14/13 MEAL FOR TRAINING R 7/18/2013 72.18CR 054295 I -TX BD ENG 6/26/13 TX BOARD OF PROF ENGINEER R 7/18/2013 235.00CR 054295 I -TX REC & PARK 6/11 DUES R 7/18/2013 85.00CR 054295 41088,39 7/18/2013 7:47 A14 A / P CHECK REGISTER PACKET: 05924 Regular Payments 7/17/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK CHECK CHECK . 'I NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 AMOUNT *VOID* VOID CHECK V 7/18/2013 054296 **VOID** 11570 CULLIGAN I-07/09/2013 WATER BOTTLE SERVICE R 7/18/2013 9.000R 054297 9.00 25390 DAVENPORT, CHERYL I -DAVENPORT 7/16/13 COFFEE - DRUG EMPORIUM R 7/18/2013 65.94CR 054298 65.94 20980 EXPRESS SERVICES, INC. I-12692221-0 TEMP EMPLOYEES 6/30/13 R 7/18/2013 1,040t00CR 054299 I-12721862-6 TEMP EMPLOYEES 7/7/13 R 7/18/2013 854.75CR 054299 11894,75 08400 FRANKLIN LEGAL PUBLISHING I-2003198 HOSTING CODE OF ORDINANCES R 7/18/2013 375.000R 054300 375.00 18790 FUELMAN I-NP38518293 VEHICLE FUEL 7/1-7/7/13 R 7/18/2013 31685.11CR 034301 3,685.11 02610 HD SUPPLY POWER SOLUTIONS I-2292303-01 UPGRADE METERS R 7/18/2013 219.000R 054302 I-2292303-02 UPGRADE METERS R 7/18/2013 819.000R 054302 I-2292303-03 UPGRADE METERS R 7/18/2013 21719*00CR 054302 I-22932303-00 UPGRADE METERS R 7/18/2013 41019.000R 054302 I-2309521-00 1000WMH LAMP, ETC R 7/18/2013 137.76CR 054302 7,913.76 19480 HUTHER & ASSOCIATES, INC I-38229 TESTING OF SAMPLES 2013 R 7/18/2013 390.000R 054303 390.00 01300 JAGOE-PUBLIC CO., INC. I-12913MB HOT 14IX R 7/18/2013 745.18CR 054304 I-12930MB HOT 14IX R 7/18/2013 370.47CR 054304 1,115.65 LEMONS PUBLICATIONS INC I-1515 JUNE SPORTS AD R 7/18/2013 55.000R 054305 55.00 16970 LONGHORN, INC. I-S2521382.001 PEB 1 1/2" VALVE R 7/18/2013 105.39CR 054306 I-S2521576.001 PEB 1 1/2" VALVE R 7/18/2013 108.12CR 054306 213.51 21960 MCP4ASTER NEW HOLLAND I-41433 2 CYCLE OIL R 7/18/2013 216.000R 054307 216.00 7/18/2013 7:47 AM A / P CHECK REGISTER PACKET: 05924 Regular Payments 7/17/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK 2 NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# A14OUNT 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-20000 LEGAL SERVICES R 7/18/2013 240.000R 054308 240,00 02970 OFFICE DEPOT I-659453276001 OFFICE SUPPLIES R 7/18/2013 - 24.86CR 054309 1-664445879001 LAMPS FOR CHAMBER R 7/18/2013 201.53CR 054309 226,39 16240 SCHAD & PULTE I-180976 1ST QTR SUPPLIES R 7/18/2013 88.45CR 054310 I-191197 1ST QTR SUPPLIES R 7/18/2013 19400CR 054310 I-191225 1ST QTR SUPPLIES R 7/18/2013 28.000R 054310 I-93443 1ST QTR SUPPLIES R 7/18/2013 13.50CR 054310 148,95 08030 SOUTHWEST INTERNATIONAL I-MP93756 BLOWER MOTOR R 7/18/2013 145.77CR 054311 145,77 18620 STERICYCLE 1-4004219003 BIC-PICKUP R 7/18/2013 148.34CR 054312 148,34 19460 TCI TIRE CENTERS I-6270014478 LT235/85R16 TIRES R 7/18/2013 307.40CR 054313 307,40 15110 TEXAS ECON014IC DEVELOPMENT COUNCIL I-1466 MEMBER DUES 8/2013-8/2014 R 7/18/2013 450.000R 054314 450.00 02580 TEXAS WORKFORCE COMMISSION I-2ND QTR 2013 2ND QTR 2013 R 7/18/2013 116.08CR 054315 116608 02920 US POSTAL SERVICE I-2013 7/31/2013 PO BOX 578 ANNUAL FEE R 7/18/2013 100600CR 054316 100600 * * T 0 T A L S * * NO DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 29 0,00 51,013,16 51,013.16 HANDWRITTEN CHECKS: 0 0,00 0,00 0400 PRE -WRITE CHECKS: 0 0,00 0.00 0,00 DRAFTS: 0 0,00 0.00 0,00 VOID CHECKS: 1 0,00 0.00 0400 NON CHECKS: 0 0,00 0,00 0.00 CORRECTIONS: 0 0,00 0.00 0600 REGISTER TOTALS: 30 0,00 51,013,16 51,013,16 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 7/24/2013 4:50 PM A / P CHECK REGISTER PACKET: 05944 Regular Payments 7/24/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 AMOUNT 06270 AAA-DENTON FIRE & SAFETY I-31318 ANNUAL EXTINQUISHER R 7/24/2013 247.50CR 054374 I-31319 ANNUAL EXTINQUISHER R 7/24/2013 230.50CR 054374 I-31340 ANNUAL EXTINQUISHER R 7/24/2013 71.00CR 054374 I-31341 ANNUAL EXTINQUISHER R 7/24/2013 196.00CR 054374 I-31342 ANNUAL EXTINQUISHER R 7/24/2013 344.50CR 054374 I-31343 ANNUAL EXTINQUISHER R 7/24/2013 80.00CR 054374 I-31344 ANNUAL EXTINQUISHER R 7/24/2013 10.000R 054374 I-31346 ANNUAL EXTINQUISHER R 7/24/2013 316.0OCR 054374 I-31347 ANNUAL EXTINQUISHER R 7/24/2013 369.0OCR 054374 1,864.50 09600 AFLAC I-7/12/13 AFLAC R 7/24/2013 21.51CR 054375 I-AF3201307105106 INSURANCE R 7/24/2013 172.05CR 054375 I-AF3201307235107 INSURANCE R 7/24/2013 172.05CR 054375 I-AFK201307105106 INSURANCE R 7/24/2013 91.35CR 054375 I-AFK201307235107 INSURANCE R 7/24/2013 91.35CR 054375 I-AFL201307105106 INSURANCE R 7/24/2013 963.25CR 054375 I-AFL201307235107 INSURANCE R 7/24/2013 941.60CR 054375 21453,16 19050 GE CAPITAL RETAIL BANK / A14AZON C-280101479601 DVDS SU1,24ER READING R 7/24/2013 1.67 054376 C-280109964064 DVDS SUMMER READING R 7/24/2013 35.00 054376 I-280109237336 DVDS SUIZIER READING R 7/24/2013 14.99CR 054376 I-280109720371 DVDS SUMMER READING R 7/24/2013 19.99CR 054376 I-294083675624 DVDS & BOOKS R 7/24/2013 61.02CR 054376 I-29486285408 DVDS & BOOKS R 7/24/2013 25.96CR 054376 85.29 18100 AFIERICAN MUNICIPAL SERVICES I-15713 BAD DEBT DUNE 2013 R 7/24/2013 21.80CR 054377 21.80 08810 ANIP4AL CARE EQUIP & s'VS, CORP. I-19823 LEASHES, NET, SNAKE TONG R 7/24/2013 310.20CR 059378 310.20 25690 B41I COMPANIES, INC I-11960134 SUP24ER FERTILIZER R 7/24/2013 812, 90CR 054379 812.90 14560 C & G WHOLESALE I-42493 UNIFORS4 SHIRTS R 7/24/2013 183.92CR 054380 183.92 02490 CENTURYLINK I-7/10/2013 PHONE 7/10-8/9/13 R 7/24/2013 1,421.16CR 054381 1,421.16 7/24/2013 4:50 PM A / P CHECK REGISTER PACKET: 05944 Regular Payments 7/24/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK CHECK CHECK 'z NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO$ AMOUNT 00590 CITY OF DENTON I-7/19/2013 WATER LAB SAMPLES 2012-13 R 7/24/2013 180.000R 054382 180.00 00600 CITY OF SANGER I-DENTON CC 7/22/13 REI14B FOR RELEASES R 7/24/2013 60.000R 054383 60000 07850 CLEAT I-CLT201307105106 ASSOCIATION DUES EMPLOYEE R 7/24/2013 90,00CR 054384 I-CLT201307235107 ASSOCIATION DUES EMPLOYEE R 7/24/2013 90AOCR 054384 180.00 21100 COLEMAN LAW FIRM I-7/22/2013 PROSECUTOR 2012-2013 R 7/24/2013 975.000R 054385 975,00 08770 CPI OFFICE PRODUCTS I-3633159-0 10 PK DVD & DRUM R 7/24/2013 498.50CR 054386 498650 08460 DELL COMPUTERS, LLP C-XJ6792T16 RAM R 7/24/2013 - 55.02 054387 I-XJ629RJFS RAM R 7/24/2013 65.11CR 054387 10.09 18190 DEPARTMENT OF INFORMATION RESOURCE I-13061026N LONG DISTANCE 6/1-6/30/13 R 7/24/2013 31422CR 054388 31422 17640 DOLLAR GENERAL - CHARGED SALES I-1000218752 PW SUPPLIES R 7/24/2013 88.50CR 054389 I-1000220075 SUPPLIES - ETC R 7/24/2013 114.30CR 054389 202,80 20980 EXPRESS SERVICES, INC. I-12758770-7 EXPRESS SERVICES, INC. R 7/24/2013 11036.75CR 054390 11036,75 18790 FUELMAN I-NP38565105 VEHICLE FUEL 7/8-7/14/13 R 7/24/2013 4,472.04CR 054391 41472,04 _ GREEN EAGLE OVERHEAD DOORS I-1300 REPAIR PANEL - SERVICE R 7/24/2013 725.000R 054392 725.00 08760 GT DISTRIBUTORS INC I-INV0457270 2000 ROUNDS AMMO R 7/24/2013 579.90CR 054393 579,90 25660 HD SUPPLY WATERWORKS, LTD I-B136384 3' METER KEY WRENCHES R 7/24/2013 109.51CR 054394 109,51 7/24/2013 4:50 PM A / P CHECK REGISTER PACKET: 05944 Regular Payments 7/24/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK '. 2 NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 08210 KWIK KAR - I-13050200005297 CAR INSPECTIONS - PD 2013 R 7/24/2013 39.75CR 054395 I-13071900008625 CAR INSPECTIONS - PD 2013 R 7/24/2013 39.75CR 054395 79.50 05400 LEGALSHIELD C-7/15/2013 LEGALSHIELD R 7/24/2013 0.02 054396 I-PPL201307105106 PREPAID LEGAL SERVICES R 7/24/2013 82.71CR 054396 I-PPL201307235107 PREPAID LEGAL SERVICES R 7/24/2013 82.71CR 054396 165.40 16970 LONGHORN, INC. I-S2524719.001 IRRIGATION PARTS R 7/24/2013 1.56CR 76.48CR 054397 76.48 05170 NORTHERN SAFETY I-900509237 TRAFFIC FLAGS R 7/24/2013 75.25CR 054398 75.25 02970 OFFICE DEPOT I-664821062001 TONER, DRUM, PENS, BULBS R 7/24/2013 180.50CR 054399 I-666981779001 SPRAY, TOWELS, FOLDERS R 7/24/2013 9.07CR 054399 I-666981865001 SPRAY, TOWELS, FOLDERS R 7/24/2013 69.60CR 054399 259.17 08540 PHYSIO-CONTROL, INC. I-7/l/13-6/30/14 LIFE PAK 12 7/1-6/30/14 R 7/24/2013 21235.000R 054400 21235,00 05510 PROGRESSIVE WAST SOLUTIONS OF TX, INC I-1201274601 R/O RENTAL L SLUDGE DISPO R 7/24/2013 11616.14CR 054401 1,616.14 05310 PROGRESSIVE WAST SOLUTIONS OF TX, INC I-JUN-13 JUNE 2013 R 7/24/2013 47,167.68CR 054402 47,167.68 02170 REINERT PAPER G CHEMICAL, INC. I-301521 JANITORIAL SUPPLIES R 7/24/2013 113.22CR 054403 113.22 RICOH AMERICAS CORP:QDS I-23634812 ANNUAL 2012-2013 R 7/24/2013 205.33CR 054404 205.33 24280 RUSSSELL MADDEN INC I-13-0237 WWTP BLOWER R 7/24/2013 96.000R 054405 I-13-0246 WWTP BLOWER R 7/24/2013 75,00CR 054405 171.00 01800 SANGER INSURANCE I-VARNER 8/24/13 NOTARY RENEW - VARNER R 7/24/2013 71,00CR 054406 71.00 7/24/2013 4:50 PM A / P CHECK REGISTER PACKET: 05944 Regular Payments 7/24/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 4 2 NAME / I.D. DESC 26110 SPECTER INSTRUMENTS, INC I-1305026112 SCADA MAINT. RENEWAL 02690 TECHLINE, INC. I-3067087-00 REPAIR CRIMPERS I-3067200-00 REPAIR CRIMPERS I-3067201-00 REPAIR CRIMPERS TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE-91RITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# AMOUNT R 7/24/2013 395.000R 054407 395,00 R 7/24/2013 195.07CR 054408 R 7/24/2013 390.07CR 054408 R 7/24/2013 510.07CR 054408 1/095421 NO4 DISCOUNTS CHECK AMT TOTAL APPLIED 35 1456 69,939,12 69,940.68 0 0,00 0,00 0,00 0 0400 0,00 0000 0 0.00 0,00 0,00 0 0.00 0,00 0.00 0 0.00 0,00 0,00 0 0.00 0,00 0,00 35 1.56 69,939,12 69,940,68 7/31/2013 1:10 PM A / P CHECK REGISTER PACKET: 05954 Regular Payments 7/31/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK ' 'i NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 24870 AETNA C-08/01/2013 AETNA N 7/31/2013 143.54 000000 1-8/1/13 AETNA N 7/31/2013 143.54CR 000000 0.00 24890 BLOCK VISION OF TEXAS, INC C-8/1/13-8/31/13 BLOCK VISION OF TEXAS, INC N 7/31/2013 6.11 000000 I-8/1/13-8/31/13 BLOCK VISION OF TEXAS, INC N 7/31/2013 6.11CR 000000 0.00 07860 ACT PIPE SUPPLY, INC I-799159 WATER/WW PARTS R 7/31/2013 196.79CR 054430 I-800514 WATER/WW PARTS R 7/31/2013 90.00CR 054430 I-804994 WATER/WW PARTS R 7/31/2013 161.75CR 054430 I-804995 WATER LINE REPAIR PARTS R 7/31/2013 210.22CR 054430 658.76 26130 ALL RID PEST & TERMITE INC I-43542 GENERAL PEST CONTROL R 7/31/2013 245.00CR 054431 245.00 21370 AMSOIL, INC I-14967092RI 15 W 40 DIESEL ENGINE OIL R 7/31/2013 535.44CR 054432 535.44 03170 ASCO I-W03414 CYCLINDER REBUILDS R 7/31/2013 199450CR 054433 199.50 00390 BILL UTTER FORD, INC. I-188053 REPLACE PLUGS R 7/31/2013 617.80CR 054434 617.80 20410 CARE NOW CORPORATE I-905040 TESTING 7/4-7/13/13 R 7/31/2013 220.00CR 054435 220.00 00520 CASCO INDUSTERIES, INC. I-129542 PPE COAT, PANTS, BOOTS R 7/31/2013 81648.00CR 054436 8,648.00 COLE-PARMER INSTRUMENT COMPANY I-8590416 TUBING M FLEX SILICONE R 7/31/2013 386.1OCR 054437 386.10 00050 CONLEY SAPID & GRAVEL I-9906 LOAD OF ROCK GRAVEL R 7/31/2013 475.00CR 054438 475.00 23620 COTE'S MECHANICAL I-CM2013750 ICE MACHINE RENTAL R 7/31/2013 354.00CR 054439 354.00 08770 CPI OFFICE PRODUCTS I-3642342-0 SUPPLIES- STAMPS, PADS R 7/31/2013 117.62CR 054440 117.62 7/31/2013 1:10 PM A / P CHECK REGISTER PACKET: 05954 Regular Payments 7/31/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 2 CHECK CHECK CHECK CHECK .. `I NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 00110 DATA BUSINESS FORMS INC. I-90986 BUSINESS CARD J. ILIFF R 7/31/2013 59.54CR 054441 I-90987 NAME PLATES NEW MEMBERS R 7/31/2013 34.80CR 054441 I-90992 INSPECTION RECORDS R 7/31/2013 371.50CR 054441 465.84 08460 DELL COMPUTERS, LLP I-XJ67T2D89 OPTIPLEX 3010 DESKTOP R 7/31/2013 610.71CR 054442 610.71 03800 DEMCO I-5024227 BOOK COVERS, CARDS, ETC R 7/31/2013 496471CR 054443 496.71 03720 DFW COMMUNICATIONS, INC. I-31308856 RADIO REPAIR R 7/31/2013 66.67CR 054444 66.67 19020 EAGLE & WHEELER I-58721 FREESE DR, CONTRACT BOOKS R 7/31/2013 43.88CR 054445 43.88 00920 ELLIOTT ELECTRIC - I-19-65196-01 ARMOR FLEX - UTILITY RD R .7/31/2013 237.25CR 054446 237.25 20980 EXPRESS SERVICES, INC. 1-12794214-2 TEMP EMPLOYEES R 7/31/2013 1,040.00CR 054447 11040,00 18790 FUELMAN I-NP38607480 VEHICLE FUEL 7/15-7/21/13 R 7/31/2013 31561.23CR 054448 3,561.23 01070 GALLS INC. I-000787541 SEAT ORGANIZER- 776 R 7/31/2013 71.48CR 034449 71.48 16860 GRAINGER I-9191848309 RATCHET LOAD BINDER R 7/31/2013 209.40CR 054450 I-9192521483 ACKER WELL -. PRESSURE R 7/31/2013 207.75CR 054450 417.15 ICC I-INV0304790 112 IECC CHANGES, CODE BA R 7/31/2013 29.95CR 054451 29.95 20220 INGRAM I-72148659 BOOKS R 7/31/2013 9.80CR 054452 I-72194011 BOOKS R 7/31/2013 30.55CR 054452 I-72336964 27 BOOKS R 7/31/2013 38.19CR 054452 I-72342702 27 BOOKS R 7/31/2013 303-.68CR 054452 I-72378021 BOOKS R 7/31/2013 13.83CR 054452 I-72378022 BOOKS R 7/31/2013 15.42CR 054452 411.47 7/31/2013 1:10 PM A / P CHECK REGISTER PACKET: 05954 Regular Payments 7/31/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 3 CHECK CHECK CHECK CHECK c... .,'1 NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 25110 KEYSTONE FLEX ADMINISTRATORS, LLC I -AUGUST 2013 ADMIN & DEBIT CARD FEES R 7/31/2013 130.00CR 054453 130.00 10610 LEADERSLIFE INS, COMPANY C-17186 LEADERSLIFE INS, COMPANY R 7/31/2013 0.02 054454 I-LLI201307105106 LIFE INSURANCE R 7/31/2013 43.34CR 054454 I-LLI201307235107 LIFE INSURANCE R 7/31/2013 43.34CR 054454 86,66 01570 LOWE'S COMPANIES, INC. I-915303 FACIA FOR RESTROOMS R 7/31/2013 40.11CR 054455 40,11 04170 MIDWEST RADAR & EQUIPMENT I-151128 10 -RADAR RE-CERTS R 7/31/2013 385.00CR 054456 385,00 25580 NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT I-JAN-DUNE 2013 JAN - JUNE 2013 USAGE R 7/31/2013 14,765.60CR 054457 14,765660 02970 OFFICE DEPOT I-665246541001 PRINTER INK - LEXMARK R 7/31/2013 156.86CR 054458 156.86 25830 PACHECO KOCH, LLC I-27545 NI35 SEWER I, II,III, IV R 7/31/2013 800.50CR 054459 I-27546 NI35 SEWER I, II,III, IV R 7/31/2013 500.25CR 054459 I-27547 NI35 SEWER I, II,III, IV R 7/31/2013 497a00CR 054459 I-27548 NI35 SEWER I, II,III, IV R 7/31/2013 207.75CR 054459 2,005,50 24280 RUSSSELL MADDEN INC I-13-0133 FLOW METER ACKER WELL R 7/31/2013 4,500.00CR 054460 I-13-0250 FLOW METER ACKER WELL R 7/31/2013 2,216.50CR 054460 I-13-0253 PUMP 2 - QUAIL RUN R 7/31/2013 225.00CR 054460 61941,50 08030. SOUTHWEST INTERNATIONAL I-MP93894 RESISTOR R 7/31/2013 179.32CR 054461 179,32 19460 TCI TIRE CENTERS I-6270014675 RIDING MOWER TIRES R 7/31/2013 30450CR 054462 30,50 09040 THOMPSON, J RANDY I-149340 JUMP BOX REPAIR R 7/31/2013 179.99CR 054463 I-149341 FILTER & OIL A/C MACHINE R 7/31/2013 24.99CR 054463 204,98 02670 TML - INTERGOVERNMENTAL RISK POOL I-7/1/13 LIABILITY & WORKERS COMP R 7/31/2013 361211.00CR 054464 36,211.00 7/31/2013 1:10 PM A / P CHECK REGISTER PACKET: 05954 Regular Payments 7/31/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 4 CHECK CHECK CHECK 'I NAME / I.D. DESC TYPE DATE DISCOUNT A61OUNT NO# 11430 USA BLUEBOOK, INC. I-103347 HACH DPD R 7/31/2013 359.50CR 054465 * * T 0 T A L S * * NO# DISCOUNTS CHECK APST TOTAL APPLIED REGULAR CHECKS: 36 0.00 81,406.09 81,406.09 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 - 0.00 0.00 0.00 DRAFTS: VOID CHECKS: 0 0 0.00 0.00 0.00 0.00 0.00 0.00 NON CHECKS: CORRECTIONS: 2 0 0.00 0.00 0.00 0.00 0.00 0.00 REGISTER TOTALS: 38 0.00 81,406.09 81,906.09 CHECK AMOUNT 359.50 7/31/2013 1:10 PM A / P CHECK REGISTER PACKET: 05954 Regular Payments 7/31/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT PAGE: 5 ERROR LISTING CH: VENDOR NAME PAGE ERROR MESSAGE 054453 99-25110 KEYSTONE FLEX ADMINISTRATORS 3 CHECK DATE < ITEM DATE TOTAL ERRORS: 0 TOTAL WARNINGS: 1 NOTES TRAN NO#: I -AUGUST 2013 8/01/2013 7:48 A14 DIRECT PAYABLES CHECK REGISTER PACKET: 05955 Direct Payables 7/31/13 c VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT PAGE: .1 CHECK CHECK CHECK CHECK VF I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# A14OUNT 17940 GRANTWORKS, INC I-712340-2 GRANTWORKS, INC R 8/01/2013 5,900.00 054466 51900,00 * * B A N K T 0 'P A L S * * NO# DISCOUNTS CHECK AP4T TOTAL APPLIED REGULAR CHECKS: 1 0.00 5,900.00 51900,00 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 BANK TOTALS: 1 0.00 5,900.00 5,900.00 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: August 5, 2013 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date / L ACTION REQUESTED: ®ORDINANCE 0843-13 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a Public Hearing, Consider, Discuss, and Possibly Adopt Ordinance 08-1343 Amending the Official Zoning Map to Rezone the Property Located at the Southwest Corner of 5th Street and Willow Street from SF10 Si -ngle Family Residential to PD Planned Development District. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE []REVENUE ❑CIP []BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject area is approximately 0.432 acres, White Addition out of the Henry Tierwester Survery and located at the southwest corner of 5th Street and Willow Street. The property is zoned SF40 Single Family Residential District. The adjacent properties are zoned S174 or SF40. The Future Land Use Map designates the area for Urban Low Density Residential land uses. The proposal to rezone the property into a planned development district based on the 131 Business District. A planned development district (PD) is a zoning district that is customized to a specific property. For this proposed PD district, the standard 131 district would be modified as follows: • Service stations, repair garages and restaurants would not be permitted. • The maximum height for a building would be 25 feet or 2 stories, whichever is less. • The building would conform to the architectural standards for new single-family homes within the Central Core District. • Pole signs are permitted. • Freestanding or detached lighting is prohibited. In researching the B4 districts permitted land uses and minimum development standards, Staff found these to be the ones that were most likely to cause conflict with surrounding residential uses. STAFF OPTIONS & RECOMMENDATION Staff finds that the proposed rezoning satisfies the criteria listed in the Zoning Ordinance for being rezoned from the SF40 Single Family Residential to PD Planned Development District. Staff recommends approval of the proposed rezoning. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Map of the Subject Property Agencies: • Letter of Intent from the Applicant On July 29, 2013, the Planning & Zoning Commission • Proposed Planned Development Ordinance conducted a public hearing concerning this request. The • Section 22 B-1 Zoning District Commission voted 5-1 to recommend denial of the • Section 30 Use of Land and Buildings proposed request. Because the Commission recommended denial, approval by City Council will • Returned response forms require a su ermajority of 4 votes. N Z\ ez®ning at 5th Street & Willowtree ti LUl Uo.L a - IJ 10 1 wr A1` 40 i 14 r 4 •!+ a W WILLOW pp L 1 3 q-,.�1i .x `""' }�, x- -�---ter,,. �� i z��•`'-.'�`'`'u�s`�"`�' 3� '`:� r-, r _ t Legend Subject Area BOLIVAR ST Zoning Change Annliront Specific Use Permit Owner (if different from applicant) ..ram..__.. Name: ��/�� /j �� 1 Name: Company: ,. Company: Address: Address: City, State, Zip - . .1 �� r � � City, State, Zip ,�� ,� ,� i bi Phone: f�y,/�� \ ��_ � J'�,� 1 Phone: Fix: �� L� �l� �� t�j,��'` Fax: Email: � -� /, „ � ! Email: '�� ` `. Submittal Checldist Site Plan (for Specific Use Permits Only) Letter of Intent Application Fee (Check Payable to City of Sanger) I certify that I am the legal owner of the above.referenced property and that to the best of my knowledge this is a true description of the property upon which I have requested the above checked action. I designate the applicant listed as my representative. Describe the proposed zoning change or Specific Use Permit (SUP): Owner Signatu -,�. Applicant Si / . � � V � _. Date 3 �z_S �2c�/� Date 940-458-2059 (office) City of Sanger 201 E3olivnr/ P.O EJox 1729 Sanger, TX 76266 940-458-4072 (fax) www.snngertexns.org NicK L. Byrne P.O. Box 8 502 N. 9" St. Sanger, TX 76266 To whom it may concern: This is a Letter of Intent required by the Planning &Zoning Commission, office of the City of Sanger, Texas to identify, a parcel of real property existing within the city limits of the City of Sanger, and to request and justify re -zoning of the subject parcel herein identified as: All that certain lot, parcel or tract of land lying and being situated in the town of Sanger, County of Denton, State of Texas, being in the WHITE ADDITION out of the Henry Tierwester survey, which said White Addition is part of a 32.5 acre tract of land out of said Tierwester survey, as set apart and allotted to O.M. White b y the District Court of Dallas County, Texas, in the partition of the Estate of A.R. White, deceased, in suit styled Chas. N. White et al vs. Mrs. Mattie J. White et al, said lot herein conveyed being a part of a 7 acre tract out of said 32.5 acre tract as conveyed to N.P. Kirkland by O.M. White and wife, and is bounded as follows: BEGINNING at a stake on the south boundary line of the Reuben Bebee Survey, the same being the north boundary line of said Tierwester survey, said beginning point being the point of intersection of the east boundary line of Sixth Street in the said town of Sanger, as now extended with the south boundary line of said Bebee Survey; THENCE East with the south boundary line of said B ebee Survey 200 feet to a point for corner in the WEST boundary line of Fifth Street, as now extended in said town of Sanger, said point being the point of intersection with the West boundary line of said Fifth Street, as now extended and the said south boundary line of said Bebee Survey; THENCE South with the west boundary line of said Fifth Street, as now extended, 94 feet, a stake for corner; THENCE West 200 feet a stake in the east boundary line of Sixth Street, as now extended; THENCE North with the east boundary line of Sixth Street, as now extended , 94 feet to the place of beginningI and being the same land described in the deed from Dosha Odom et al to Mrs. Mattie H. Vaughn, a widow, dated December 29, 1930, recorded in Volume 236, page 58, of the Deed of Records of Denton County, Texas. This parcel of land was purchased by Nicl< L. Byrne of 502 North 9`h Street, Sanger, Texas on March 12, 2013. The vacant lot is currently zoned "Urban Low Density Residential". The land was purchased for the purpose of being re -zoned "Light Commercial" and utilized for a small facility with a store front engaged in the retail sales of acquired estate property including furniture and other household goods. No structures currently exist on the property. Several live trees, as well as several dead trees exist on the property. The property appears to be well drained and not located in flood plain. It is currently served by water, sewer, electricity, telephone, other communications, and natural gas. There is a large, wide culvert on the north side near the center of the property providing adequate ingress and egress to Willow Street, as well as adequate drainage to the subject site. Due to the property's location on 5tn Street, it's location should provide adequate traffic for a commercial site and re- flow around it. The subject site will be cleaned up, dead trees removed and made ready so periodic mowing of the grass can be performed on a regular basis, until such time as a new modern commercial building containing approximately 2,500 sq. ft. can be built. Thank you for your consideration. Nick L. Byrne P.O. Box 8 Sanger, TX 76266 (940) 45M188 City of Sanger Zoning Ordinance SECTION 22 "B-1" BUSINESS DISTRICT General Purpose and Description: The "B4" Business District is intended for office facilities, neighborhood shopping facilities and retail and commercial facilities of a service character. The B-1 District is established to accommodate the daily and frequent needs of the community. 22.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. Banks or savings and loans containing no more than 10,000 square feet of floor space. 2. Clinic, medical or dental containing no more than 105000 square feet of floor space. 3. Food store with floor space not greater than twenty thousand (20,000) square feet. 4. Furniture and appliance, retail sales containing no more than 20,000 square feet of floor space. 5. Laboratory, medical or dental containing no more than 10,000 square feet of floor space. 6. Lithographic or print shop, retail only. 7. Tool rental (inside only). 8. Other general retail sales of similar nature and character provided that the business establishment is subject to the following conditions, which shall be applicable to all uses in the district: a. The business shall be conducted wholly within an enclosed building; b. Required yards shall not be used for display, sale or storage of merchandise or for the storage of vehicles, equipment, containers or waste material; c. All merchandise shall be sold at retail on the premises; and d. Such use shall not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance. 9. Other uses as listed in Section 30 of this ordinance. The following specific uses shall be permitted in the B-1 District, when granted in accordance with Section 31: 1. Gasoline service station with associated automobile repair facility with floor space not greater than two thousand five hundred (2500) square feet. 2. Other uses as listed in Section 30 of this ordinance. Page 1 of 2 City of Sanger Zoning Ordinance 22.2 Height Regulations: No building shall exceed one hundred (100) feet in height, except cooling towers, roof gables, chimneys, vent stacks or mechanical equipment rooms, which may project not more than twelve (12) feet beyond maximum building height. 22.3 Area Regulations: 1. Size of Yards: a. Front Yard: Twenty-five (25) feet measured from the front property line. (60) foot front yard. b. Side Yard: Adjacent to astreet-twenty-five (25) feet; adjacent to a residential district property line twenty (20) feet; other conditions ten (10) feet. c. Rear Yard: Twenty (20) feet for any building or structure. If an alley is not required, a masonry or wood wall of a minimum height of six (6) feet shall be constructed adjacent to the rear property line to provide a barrier between the adjoining uses. d. Special Side or Rear Yard Requirement; When a nonresidential zoned lot or tract abuts upon a zoning district boundary line dividing the lot or tract from a residentially zoned lot or tract, a minimum side yard of twenty (20) feet shall be provided on the nonresidential property. A masonry or wood wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on the non-residential property adjacent to the common side (or rear) property line. 2. Size of Lot: a. Minimum Lot Area: None b. Minimum Lot Width: None c. Minimum Lot Depth: None 3. Lot Coverage: No more than forty percent (40%) of the lot area shall be covered by buildings. 22.4 DnAA Regulations: Off-street parking and loading shall be provided asset forth in Section 32. Page 2 of 2 SECIP19.t USE OF LAND AND BUILDINGS 30.1 Land and buildings in each of the following classified districts may be used for any of the following listed uses but no land shall hereafter be used and no building or structure shall hereafter be occupied, used, erected, altered, removed, placed, demolished or converted which is arranged or designed to be used for other than those uses specified for the district in which it is located as set forth by the following schedule of uses. 30.2 LEGEND FOR INTERPRETING SCHEDULE OF USES Designates use permitted in district indicated. Designates use prohibited in district indicated. 0 Designates use maybe approved as Specific Use Permit. For alphabetical list of uses, see Section 42. PRIMARY RESIDENTIAL USES i � 1 s� , .; t, n , �' � �� ; ?t Ar�� ;: ;.'.. f' ,�- 'f -z _v;_s3 �;3T NATURAL RESOURCE STORAGE AND EXTRACTION A SF- SF- SF- SF- SF- 2F MH- MH- MF- MF- B- B-I- 1 2 3 4 4A 1 2 1 2 1 2 3 1 2 Caliche Pit S S S and Caliche Storage Mining and S S S Storage of Mining Waste Petroleum S S S S Storage and Collection Facilities Sand Gravel S S S Extraction or Storage Topsoil, S S S Earth or Stone Extraction or Storage SPECIAL INDUSTRIAL PROCESSES 1 2 3 4 4A 1 2 1 2 1 2 3 1 I- 2 Asphalt or S S Concrete B atching Plant (Perm) Asphalt or S S S S S S S S S S S S S S S S Concrete Batching Plant (Temp) Brick Kiln or S S Tile Plant Sanitary Fill S S S Slaughter S S House of Meat Packing Plant Smelter, S S Refinery or Chemical Plant Any use S S which could create an environmental problem due to emissions, visual quality, odor, noise, hazard or similar factors GENERAL I�tiANUFACTURING AND INDUSTRIAL USES See uses as listed in Sections 25 and 26 of this ordinance *Refer to relevant zoning district regulations and descriptions of permitted uses for further information regarding this particular use. 30.3 Any dump, excavation, storage, filling or mining operation within that portion of a district having a Flood Plain, FP, prefix shall be approved in writing by the City Manager or his designated representative before such operation is begun. 30.4 The fact that land is not within a district having a Flood Plain, FP, prefix shall not be interpreted as assurance that such land or area is not subject to periodic local flooding and the designation of the prefix in this ordinance shall not be so interpreted. The City Council by resolution may remove, alter or change the flood plain boundary or designation on the Zoning District Map for any district. To: From: Date: City of Sanger Planning SL Zoning Commission b1jQ ' i,4)c� 7 z �C �I 04 4Z [Property Owner] Re: Rezoning to Planned Development District at 5th Street and Willow Street Subject l roperiy: `v'vnite addition Public Hearing: 7:00 PlYI, July 8, 2013, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940458-2059 ishumate i ,sanurtexas.or� 7� RESPONSF FORM To: From: Date: 1 City of Sanger Planning & Zoning Commission Ownerj Re: Rezoning to Planned Development District at 5th Street and Willow Street Subject Property: White Addition Public Hearing: 7:00 PM, July 8, 2013, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning ��`�� Comments• This notice provided me with enough information This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940458m2059 ishumatensangertexas.or Fol RESPONSE FORM To: City of Sanger Planning & Zoning Commission From: � W, (2�D /V(LJnG� eS Date: [Property Owner] Re: Rezoning to Planned Development District at 5th Street and Willow Street Subject Property: White Addition Public Hearing: 7:00 PM, July 29, 2013, Public Works Building 201 Bolivar St. I support the proposed rezoning ❑ I oppose the proposed rezoning a/ Comments: This notice provided me with enough information This notice did not provide me with enough information Please return to City of Sanger Development Services P.O. Box 1729 201 Bolivar St Sanger, TX 76266 940458-2059 ishumate a,sanaertexas.or� ORDINANCE 084343 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM SF40 SINGLE FAMILY RESIDENTIAL TO B1 BUSINESS DISTRICT 1. ON PROPERTY LEGALLY DESCRIBED AS TRACT 363 OF THE HENRY TIERWESTER SURVEY, LOCATED AT THE SOUTHWEST CORNER OF 5TH STREET AND WILLOW STREET; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for Changes in Zoning Classcations were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearings for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at open meetings, with proper notice posted; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 That the legal description of the property zoned herein is generally described as follows: Tract 363 of the Henry Tierwester survey, located at the southwest corner of Sth Street and Willow Street Section 2 The zoning classification on the herein above described property is hereby changed from SF-10 Single Family Residential to PD Planned Development District, with the following provisions: General Purpose and Description: This Planned Development District is a variation of the B-1 Business District described in Section 22 of the City of Sanger Zoning Ordinance. - Use Regulations: This district permits all the land uses allowed within the 13-1 Business District EXCEPT the following: • Service Station and repair garages • Restaurants Height Regulations: No building shall exceed twenty-five (25) feet in height or two (2) stories, whichever is less Pole signs and freestanding lighting are prohibited Other development standards shall be as required by the B-1 Business District Section 3 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 5 Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6 This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 5day of August, 2013. APPROVED: Mayor Thomas Muir ATTEST: Tami Taber, City Secretary RESOLUTION #R084343 A RESOLUTION OF THE CITY OF SANGER, TEXAS, ESTABLISHING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED FY 2013- 2014 BUDGET AND TAX RATE; DIRECTING THE CITY SECRETARY TO POST AND PUBLISH SAID HEARING AS REQUIRED BY LAW; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS APPROVED COMPLIED WITH THE OPEN MEETINGS ACT AND DELCARING AN EFFECTIVE DATE. WHEREAS, a public hearing on the proposed budget and tax rate prior to its adoption is required by Section 102.006 of the Texas Local Government Code and Section 9.04 of the City of Sanger Charter; and WHEREAS, any taxpayer of the City of Sanger may attend and participate in all such hearings; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanger; Section 1. That the findings set forth are hereby approved and adopted. Section 2. That a public hearing on the proposed budget for FY 2013-2014 and tax rate is hereby set to be held on August 19, 2013 at 7:00 PM in the City Council Chambers located at 502 Elm Street, Sanger, Texas, 76266. The second public hearing for the tax rate will be held on September 3, 2013 at 7:00 PM in the City Council Chambers. Section 3. That the City Secretary is directed to post and publish notice of the public hearing on the budget as required by law. Section 4. That the meeting at which this resolution was passed, was in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. That this resolution shall become effective after its passage. PASSED AND APPROVED this day of August 2013. Mayor Thomas Muir I_r 1�Il-D�.y11F Tami Taber, City Secretary 2013 Effective Tax Rate Worksheet BANGER CITY OF See pages 13 to 16 for an explanation of the effective tax rate. 1. 2012 total taxable value. Enter the amount of 2012 taxable value on the 2012 tax roll today. Include any adjustments since last year's certification; exclude Section 25.25(d) one-third over -appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings (will deduct in line 2) and the captured value for tax increment financing (will deduct taxes in line 14). $3891893,771 2. 2012 tax ceilings. Counties, Cities and Junior College Districts. Enter 201.2 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0" If your taxing units adopted the tax ceiling provision in 2012 or prior year for homeowners age 65 or older or disabled, use this step. I $0 3. Move Preliminary 2012 adjusted taxable value. Subtract line 2 from line 1. $389,893,771 4. 2012 total adopted tax rate. $0.633049/$100 5. 2012 taxable value lost because court appeals of ARB decisions reduced 2012 appraised value. A. Original 2012 ARB values: $0 Be 2012 values resulting from final court decisions: - $0 C. 2012 value loss. Subtract B from A. $0 6. 2012 taxable value, adjusted for court -ordered reductions. Add line 3 and line 5C. $389,893,771 7. 2012 taxable value of property in territory the unit deannexed after January 1, 2012. Enter the 2012 value of property in deannexed territory. $0 8. 2012 taxable value lost because property first qualified for an exemption in 2012. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost due to freeport, 11goods44ansit" exemptions. A. Absolute exemptions. Use 2012 market value: $52,856 Be Partial exemptions. 2013 exemption amount or 2013 percentage exemption times 2012 value: + $752,000 C. Value loss. Add A and Be $804,856 9. 2012 taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2013. Use only those properties that first qualified in 2013; do not use properties that qualified in 2012. A. 2012 market value: $0 Be 2013 productivity or special appraised value: - $0 C. Value loss. Subtract B from A. $0 10. Total adjustments for lost value. Add lines 7, 8C and 9C. $804,856 2013 Effective Tax Rate Worksheet (continued) BANGER CITY OF 11. 2012 adjusted taxable value. Subtract line 10 from line 6. $389,088,915 12. Adjusted 2012 taxes. Multiply line 4 by line 11 and divide by $100. $2,463,123 13, Taxes refunded for years preceding tax year 2012. Enter the amount of taxes refunded during the last budget year for tax years preceding tax year 2012. Types of refunds include court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax year 2012. This line applies only to tax years preceding tax year 2012. $1,077 14. Taxes in tax increment financing (TIF) for tax year 2012. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the unit has no 2013 captured appraised value in Line 16D, enter "0." $0 15. Adjusted 2012 taxes with refunds. Add lines 12 and 13, subtract line 14. $2,464,200 16. Total 2013 taxable value on the 2013 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in line 18). These homesteads includes homeowners age 65 or older or disabled. A. Certified values only: $414,866,463 B. Counties: Include railroad rolling stock values certified by the Comptroller's office: + $0 CO Pollution control exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control property (use this line based on attorney's advice): - $0 D. Tax increment financing: Deduct the 2013 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the 2013 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in line 21 below. - $0 E. Total 2013 value. Add A and B, then subtract C and D. $4145866,463 17. Total value of properties under protest or not included on certified appraisal roll. A. 2013 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the district's value and the taxpayer's claimed value, if any or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value. $636,914 2013 Effective Tax Rate Worksheet (continued) BANGER CITY OF 17. B. 2013 value of properties not under protest or (cont.) included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included at appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value. + $0 C. Total value under protest or not certified. Add A and B. $636,914 18, 2013 tax ceilings. Enter 2013 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0." If your taxing units adopted the tax ceiling provision in 2012 or prior year for homeowners age 65 or older or disabled, use this step. $0 2013 total taxable value. Add lines 16E and 17C. Subtract line 18. $415,503,377 r20 Total 2013 taxable value of properties in territory annexed after January 1, 2008. Include both real and personal property. Enter the 2013 value of property in territory annexed. $0 21. Total 2013 taxable value of new improvements and new personal property located in new improvements, "New" means the item was not on the appraisal roll in 2012. An improvement is a building, structure, fixture or fence erected on or affixed to land. A transportable structure erected on its owner's land is also included unless it is held for sale or is there only temporarily. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the unit after January 1, 2012 and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2013. New improvements do not include mineral interests produced for the first time, omitted property that is back assessed and increased appraisals on existing property. $132202,285 22. Total adjustments to the 2013 taxable value. Add lines 20 and 21. $13,202,285 23, 2013 adjusted taxable value. Subtract line 22 from line 19. $402,301,092 24. 2013 effective tax rate. Divide line 15 by line 23 and multiply by $100. $0.612526/$100 2013 Effective Tax Rate Worksheet (continued) BANGER CITY OF 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2013 county effective tax rate. $/$100 A county, city or hospital district that adopted the additional sales tax in November 2012 or in May 2013 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet on page 39 sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. SANGER CITY OF See pages 17 to 21 for an explanation of the rollback tax rate. 26. 2012 maintenance and operations (M&O) tax rate. $0.446174/$100 27. 2012 adjusted taxable value. Enter the amount from line 11. $389,088,915 28. '2012 M&O taxes. A. Multiply line 26 by line 27 and divide by $100. $1,736,013 B. Cities, counties and hospital districts with additional sales tax: Amount of additional sales tax collected and spent on M&O expenses in 2012. Enter amount from full year's sales tax revenue spent for M&O in 2012 fiscal year, if any. Other units, enter "0." Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent. + $0 C. Counties: Enter the amount for the state criminal justice mandate. If second or later year, the amount is for increased cost above last year's amount. Other units, enter "0." + $0 D. Transferring function: If discontinuing all of a department, function or activity and transferring it to another unit by written contract, enter the amount spent by the unit discontinuing the function in the 12 months preceding the month of this calculation. If the unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the unit operated the function. The unit discontinuing the function will subtract this amount in H below. The unit receiving the function will add this amount in H below. Other units, enter "0." +/- $0 E. Taxes refunded for years preceding tax year 2012: Enter the amount of M&O taxes refunded during the last budget year for tax years preceding tax year 2012. Types of refunds include court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax year 2012. This line applies only to tax years preceding tax year 2012. + $755 F. Enhanced indigent health care expenditures: Enter the increased amount for the current year's enhanced indigent health care expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance. + $0 2013 Rollback Tax Rate Worksheet (continued) BANGER CITY OF 28. G. Taxes in tax increment financing (TIF): Enter (cont.) the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the unit has no 2013 captured appraised value in Line 16D, enter "0." - $0 H. Adjusted M&O Taxes. Add A, B, C, E and F. For unit with D, subtract if discontinuing function and add if receiving function. Subtract G. $1,736,768 29. 2013 adjusted taxable value. Enter line 23 from the Effective Tax Rate Worksheet. $402,301,092 30. 2013 effective maintenance and operations rate. Divide line 28H by line 29 and multiply by $100. $0.431708/$100 31. 2013 rollback maintenance and operation rate. Multiply line 30 by 1.08. (See lines 49 to 52 for additional rate for pollution control expenses. $0.466244/$100 32. Total 2013 debt to be paid with property taxes and additional sales tax revenue. "Debt" means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the unit's budget as M&O expenses. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue (or additional sales tax revenue). Do not include appraisal district budget payments. List the debt in "Schedule B: Debt Service." If using unencumbered funds, subtract unencumbered fund amount used from total debt and list remainder. $729,606 33. Certified 2012 excess debt collections. Enter the amount certified by the collector. $0 34. Adjusted 2013 debt. Subtract line 33 from line 32. $729,606 35. Certified 2013 anticipated collection rate. Enter the rate certified by the collector. If the rate is 100 percent or greater, enter 100 percent. 100.000000% 2013 debt adjusted for collections. Divide line 34 by line 35. $72%606 2013 total taxable value. Enter the amount on line 19. $415,503,377 r 2013 debt tax rate. Divide line 36 by line 37 and multiply by $100. $0.175595/$100 2013 rollback tax rate. Add lines 31 and 38. $0.641839/$100 2013 Rollback Tax Rate Worksheet (continued) BANGER CITY OF 40, COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2013 county rollback tax rate. $/$100 A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate. A taxing unit seeking additional rollback protection for pollution control expenses completes the Additional Rollback Protection for Pollution Control. 2013 Notice of Effective Tax Rate Worksheet for Calculation of Tax Increase/Decrease entity Name: SANGER CITY OF Date: 0 7/27/2013 1.2012 taxable value, adjusted for court -ordered reductions. Enter line 6 of the Effective Tax Rate Worksheet. $38958933771 2.2012 total tax rate. Enter line 4 of the Effective Tax Rate Worksheet. 0.633049 3.Taxes refunded for years preceding tax year 2012. Enter line 13 of the Effective Tax Rate Worksheet. $1,077 4.Last year's levy. Multiply Line 1 times Line 2 and divide by 100. To the result, add Line 3. $254695296 5.2013 total taxable value. Enter Line 19 of the Effective Tax Rate Worksheet. $41555035377 6.2013 effective tax rate. Enter line 24 of the Effective Tax Rate Worksheet or Line 47 of the Additional Sales Tax Rate Worksheet. 0.612526 7.2013 taxes if a tax rate equal to the effective tax rate is adopted. Multiply Line 5 times Line 6 and divide by 100. $2,545,066 8.Last year's total levy. Sum of line 4 for all funds. $25469,296 9.2013 total taxes if a tax rate equal to the effective tax rate is adopted. Sum of line 7 for all funds. $255455066 10.Tax Increase (Decrease). Subtract Line 8 from Line 9. $75,770 SANGER CITY OF Tax Rate Recap for 2013 Tax Rates Tax Levy This is calculated using the Additional Tax Levy Additional Tax Levy Description of Rate Tax Rate Per Total Adjusted Taxable Compared to last year's tax Compared to effective tax $100 Value (line 19) of the levy of 2,468,219 rate levv of 2,545,066 Effective Tax Rate Worksheet Last Year's Tax Rate 04633049 $21630,340 $1621121 $8 X4 Effective Tax Rate 0,612526 $25545,066 $76,848 $0 Notice & Hearing Limit* 0*612526 $235453066 $76,848 $0 Rollback Tax Rate 0.6418391 $206,863 $1985644 $121,797 Proposed Tax Rate 1 0.000000 $0 $-214%219 $-215455066 Effective Tax Rate Increase in Cents er $100 0,00 0,612526 2,545,066 76,848 0 0,50 0,617526 21565,841 97,623 M? 775 1.00 0.622526 ~15861617 118,398 41,50 1,50 0,627526 2,607,392 1392173 62,326 2,00 0,632526 216285167 159,948 83,1)1 2,50 0,637526 21648,942 180,723 103,876 3.00 0.642526 2,669,717 1014499 124,65 i 3.50 0,647526 216901492 2221274 IL45,426 4.00 0,652526 2,71I,268 243,049 106 0i 4,50 0,657526 2,732,043 263,824 186,977 5400 0,662526 23752,818 2841599 2071752 5.50 0.667526 2,773,593 3054374 228,527 00 0.672526 2,794,368 326150 249,302 6,50 0,677526 29815,143 346,925 2701077 7.00 0,682526 21835,919 367,700 290,552 7.50 0.687526 21856,694 388,475 311,h28 8,00 0.692526 2,8779469 409.250 8.50 0.697526 21898,244 4303025 353,178 9.00 0.702526 2,9191019 450,801 373,953 9,50 0,707526 219399794 4719570 394,725 10.00 0,712526 2,9601570 4921351 415,503 10,50 0,717526 21981,345 5133126 4.16,279 11,00 0.722526 33002,120 533,901 4-57,054 11,50 0,727526 37022,895 5545676 4 7 7,829 12.00 0,732526 31043,670 575,452 49S1604 12,50 0,737526 3,0647445 596)227 519,379 13,00 0,742526 3,085,221 6177002 540,154 13,50 0,747526 31105,996 63 7,777 5603930 14,00 0.752526 3,126, 771 658,552 581,705 14,50 0,757526 35147,546 679,327 6021480 • *Notice &Healing Limit Rate: This is the highest tax rate that maybe adopted without notices and a public hearing. It is the lower of the rollback tax rate or the effective tax rate. • School Districts: The school tax rate limit is $1.50 for M&O, plus $0.50 for'New' debt plus a rate for 'Old' debt. 'Old' debt is debt authorized to be issued at an election held on or before April 1, 1991, and issued before September 1, 1992. All other debt is 'New' debt. Tax Levy: This is calculated by taking the adjusted taxable value (line 19 of Effective Tax Rate Worksheet), multiplying by the appropriate rate, such as the Effective Tax Rate and dividing by 100. For School Districts: This is calculated by taking the adjusted taxable value (line 33 of the Rollback Tax Rate Worksheet), multiplying by the appropriate rate, dividing by 100 and then adding this year's frozen tax levy on homesteads of the elderly. Additional Levy This is calculated by taking Last Year's taxable value (line 3 of Effective Tax Rate Worksheet)I Last Year: multiplying by Last Year's tax rate (line 4 of Effective Tax Rate Worksheet) and dividing by 100. For School Districts: This is calculated by taking Last Year's taxable value, subtracting Last Year's taxable value for the elderly, multiplying by Last Year's tax rate, dividing by 100 and adding Last Year's tax ceiling. Additional I.,evy This is calculated by taking the current adjusted taxable value, multiplying by the Effective Tax This Year: Rate and dividing by 100. For School Districts: This is calculated by taking the adjusted taxable value (line 33 of the Rollback Tax Rate Worksheet), multiplying by the Effective Tax Rate, dividing by 100 and adding This Year's tax ceiling. COUNTIES All figures in this worksheet include ALL County Funds ONLY: Fund's Taxable Value X each Fund's Tax Rate. Tax Levy amounts are the sum of each 2013 Property Tax Rates in SANGER CITY OF This notice concerns 2013 property tax rates for SANGER CITY OF. It presents information about three tax rates. Last ar's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Last year's operating taxes $15736,014 Last year's debt taxes $7275110 Last year's total taxes $254635124 Last year's tax base $38950885915 Last year's total tax rate 0.633049/$100 This year's effective tax rate: Last year's adjusted taxes (after subtracting taxes on lost property) $23464,200 — This year's adjusted tax base (after subtracting value of new property) $40253015092 This year's effective tax rate 0.612526/$100 This year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, state criminal justice mandate and/or enhanced indigent health care expenditures) $1,736,768 This year's adjusted tax base $402,3015092 = This year's effective operating rate 0.431708/$100 X 1.08 = this year's maximum operating rate 0.466244/$100 + This year's debt rate 0.175595/$100 = This year's rollback rate 0.641839/$100 Statement of Increase/Decrease If SANGER CITY OF adopts a 2013 tax rate equal to the effective tax rate of 0.612526 per $100 of value, taxes would increase compared to 2012 taxes by $ 75,770. chedule A: Unencumbered Fund Balances: The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund General Fund Balance 773,397 Schedule B: 2013 Debt Service: The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Description of Debt 2006 CERTIFICATES OF OBLIGATION 2007 CERTIFICATES OF OBLIGATION 2009 CERTIFICATES OF OBLIGATION 2012 GENERAL OBLIGATION REFUNDING BONDS 2013 CERTIFICATES OF OBLIGATION Principal or Contract Payment to be Paid from Property Taxes 195,500 25,500 160,000 176,000 17,333 APITAL LEASE 995163 Total required for 2013 debt service Amount (if any) paid from fiends listed in Schedule A Interest to be Paid from Property Taxes 75,232 20,644 109,750 35,134 20,017 7,833 Other Amounts to be Paid - Amount (if any) paid from other resources Excess collections last year Total to be paid from taxes in 2013 + Amount added in anticipation that the unit will collect only 100.000000% of its taxes in 2013 = Total Debt Levy 0 [r7 0 Total Payment 270,732 46,144 269,750 211,134 0 37,350 0 1065996 $9421106 $0 $2125500 $0 $729,606 $0 $72%606 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 1505 E McI{imley Street, Denton, TX 76209. Name of person preparing this notice: Michelle French Title: Denton County Tax Assessor/Collector Date prepared: July 25, 2013 City of Sanger Property Tax Analysis 201243 2013=14 Change % Change Certified Appraised Value The Certed Appraised Value increased by 7°° . 5% of the increase value was due to appreciation of existing properties on the roll in 2012. 3% of the increase value was due to property added in 2013. The value of properties still under review by the appraisal district decreased by 1 % From Existing Property on Rolls in 2012 2013 Appreciation of existing property From Property Added in 2013 Under ARB Review Total Appraised Value Effective Tax Rate and Rollback Tax Rate 383,640,166 383,640,166 0 18,024,012 18,024,012 4.63% 21053,318 13,202,285 11,148,967 2.86% 31696,544 636,914 (31059,630) -0.79% 389,390,028 415,503,377 26,113,349 6.71% Both the Effective Tax rate and the Effective M&O rate increased by 2%. The Rollback tax rate remained unchanged because of the decrease in the I&S rate. Effective M&O Rate Effective Tax Rate I&S Rate Rollback M&0 Rate Rollback Tax Rate 0.423086 0.431708 0.008622 2.04% 0.600534 0.612526 0.011992 2.00% 0.186875 0.175595 (0.011280) -6.04% 0.456932 0,466244 0.009312 2.04% 0.643807 0.641839 (0.001968) -0.31% Proposed Tax Rates The proprosed tax rate increase totals 5°° due to a proposed increase of 3 cents per $100 of valuation to be dedicated for street maintenance. The I&S rate decreased by approximately 2% and the M&O rate increased by approximately 2%. I&S Rate M&O Rate 175595 (0.011280) City of Sanger Property Tax Analysis 201243 201344 Change % Change Tax Levy (Certified Appraised Value times Tax Rates) The tax levy increased overall by 12%. New properties added to the roll in 2013 account for 3% of the overall increase. 7% of the increase is due to an increase in the M&O levy and 5% of the increase is due to an increase in the additional levy for street maintenance. The I&S levy remained level. I&S Levy Existing Property 2013 Appreciation - Existing Property New Property Under ARB Review Total I&S Levy M&O Levy Existing Property 2013 Appreciation - Existing Property New Property Under ARB Review Total M&0 Levy Increase Levy for Streets Existing Property 2013 Appreciation - Existing Property New Property Under ARB Review Total M&O Levy Total Levy Total Levy from New Property 716,928 0 3,837 673,653 1649 23,183 (43,275) 31,649 19,345 790) 6,908 1,118 (5, 727,673 729,603 1,931 0.08% 1,711,703 1,762,462 50,759 0 82,803 82,803 91161 60,652 51,491 16,493 21926 (13,567) 1,737,357 11908,843 171,486 115,092 5,407 31961 191 115,092 5,407 3,961 191 124, 651 124, 651 5.06 2,465,030 2,763,097 298,068 12.09% 12,999 87,795 74,797 3.03% "'0 AGREEMENT FOR ENGINEERING SERVICES Date: July 17, 2013 Client: Mike Brice City of Sanger 502 N Elm Street Sanger, Texas 76266 Proiect Name and Location: As requested, EIKON Consultant Group, LLC (EIKON) is pleased to submit this proposal for professional engineering services related to the above referenced project. Our proposed Scope of Services, Assumptions, Deliverables, Schedule and Fee are outlined below. General Proiect Description: We understand that the project includes the architectural and engineering services for the improvement of the of the appearance.of the exterior to the Old Sanger Presbyterian Church. Scope of Services (Exhibit A): Descriptions of Specific Services: Architectural • Visual assessment of existing building • Recommend areas of elevations that need to be refurbished, repaired and replaced including flashing, counter flashings, sealants and caulking to provide proper moisture resistant barriers Structural • Structural observation of existing floors, walls and roof members. • Recommend areas of structure that need to refurbish, repair and replace in order to return the roof planes to true form Assumptions • Client will allow access to the building to allow for visual assessment and measurements. • EIKON will not provide the following services: o Construction administration o Complete structural and architectural analysis of the building • No destructive testing will be performed. . • A general contractor will be responsible for estimating the actual work to be performed. Eikon will not perform a construction cost estimate. • Construction administration will be negotiated at the time that construction begins. Schedule: Exhibit B The construction documents will be completed within the time frame set forth for the project assuming timely delivery of information required to complete the services. EIKON Consultant Group, LLC 1405 W. Chapman, Sanger, Texas 76266 1' 940-458-7503 ==- 940-458-7417 ��t1 eikoncg.com Fee: Exhibit C • Fixed Fee (refer to the scope of services, assumptions and additional services available): $125730 (Construction administration is estimated to be a fixed fee of $63500 to include bid assistance, site observations and pay app, but will be negotiated at the time that construction begins.) Fee to be paid within 30 days after the delivery of an invoice from EIKON. Notice to Proceed: E1KON must receive (by fax, email, or regular mail) this signed services agreement. This proposal will remain in effect for 30 days. If this proposal'meets with your approval, please sign the attached agreement authorizing our office to begin work. Note that references in the agreement to Exhibits A, B and C are those identified above. Thank you for considering EIKON, Inc. for your engineering services. We look forward to working with you and your staff on this project. Should you have any questions on this proposal, do not hesitate to contact us. Page 12 EIKON SHORT FORM AGREEMENT THIS AGREEMENT is made this 17th day of July, 2013 by and between EIKON Consultant Group, LLC (hereinafter "EIKON") and The City of Sanger (hereinafter "Client"). Client and EIKON, for the consideration hereinafter set forth, hereby agree as follows: 1. Services of EIKON - EIKON agrees to provide the professional services described in Exhibit A (hereinafter the "Services") attached and incorporated by reference. 2. Schedule of Services - EIKON shall use its best efforts to complete the Services in a timely fashion to meet Client's requirements. If the parties have agreed to a specific project schedule and specific milestone dates, such information will be set forth in Exhibit B attached hereto. 3. Responsibilities of Client -Client shall furnish or make available to EIKON any and all of its records, maps, or other data which are pertinent to EIKON's work. Client shall authorize and assist EIKON in obtaining any such pertinent information from other public and private sources. 4. Compensation - As compensation for the performance of the Services, Client shall pay EIKON its fees and expenses in accordance with Exhibit C. Payments are due at the address appearing on the invoice within 30 days following the invoice date. Invoices not paid within 30 days will accrue interest from the 31 st day at the rate of 1 % per month (12% per annum). 5. Termination -This Agreement may be terminated by either party upon not less than seven (7) days written notice. EIKON shall be compensated for all Services performed until the receipt of notice plus any fees and/or costs reasonably necessary to properly terminate the project. 6. Relationship of Parties - EIKON is and shall at all times during the term of this Agreement be an independent contractor of Client. This Agreement and the relationship of the parties shall not be deemed to create or be one of employment, agency, partnership, joint venture or any other association. 7. Assiamnent -This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by Client or EIKON without the prior written consent of the other. Any assignment without written consent of the other party shall be null and void. 8. Standard of Care -The standard of care for all professional engineering and related Services performed or furnished by EIICON under this Agreement will be the care and skill ordinarily used by the members of EIKON's profession practicing under similar conditions at the same time and in the same locality. EIKON makes no warranties, express or implied, under this Agreement or otherwise, in connection with EIKON's Services. 9. Insurance - EIKON shall procure and maintain worker's compensation and employer's liability insurance in accordance with requirements of the state in which the Services are being performed, comprehensive liability insurance (inchrding contractual and contractor's protective liability coverage) with combined single limits of $1,000,000 per occurrence for bodily injury and property damage; automobile liability coverage including owned and hired vehicles with a combined single limit of $1,000,000 per occurrence for bodily injury and property damage and professional liability insurance in the amount of $1,000,000 per claim. 10. Indemnification - Client shall indemnify EIKON, its partners, officers, directors and employees from all claims, damages, losses and expenses including reasonable attorneys fees, arising out of or in any manner connected with, the performance of the Services to the extent caused by Client's negligence. EIICON shall indemnify Client, its partners, officers, directors and employees from all claims, damages, losses and expenses including reasonable attorneys fees, arising out of or in any manner connected with, the performance of the Services to the extent caused by EIKON's negligence. Page 13 11. Limitation on Liability - The total liability of EIKON and its partners, principals, employees and agents to Client and any. one claiming by, through or under Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of, or in any way related to, the Services of this Agreement from any cause or causes whatsoever including, but not limited to, negligence, errors, omissions, strict liability or breach of contract shall not exceed the total compensation received by EIKON under this Agreement or the total amount of $1,000,000, whichever is greater. 12. No Personal Liability -Notwithstanding any other provision of this Agreement to the contrary, EIKON's partners, principals, officers, directors, employees, or agents shall not be personally liable, regardless of the cause of action asserted including breach of contract, warranty, guarantee, products liability, negligence, tort, strict liability, or any other cause pertaining to EIKON's performance or non-performance of the Agreement. Client will look solely to EIKON for its remedy for any claim arising out of or related to this Agreement 13. No Consequential Damages - In no event shall EIKON be liable to Client or the Client to EIKON for consequential, special or indirect damages, including but not limited to, loss of profits or revenue, loss of use of equipment, loss of production, additional expenses incurred in the use of the equipment and facilities and claims of customers of the Client. This disclaimer shall apply to consequential damages based upon any cause of action whatsoever asserted including, but not limited to, ones arising out of any breach of contract, warranty, guarantee, products liability, negligence, tort, strict liability, or any other cause arising out of the performance or non-performance of the contract by Client/EIKON. 14. Mediation —The parties, as a condition precedent to commencing litigation (other than for the non- payment of EIKON's fees), shall endeavor to resolve their claims by mediation which, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the contract and with the American Arbitration Association. I5. Other Aereements - (a) The services to be performed by EIICON are intended solely for the benefit of Client and no benefit is confered on, nor any contractual relationship established with any person or entity not a party to this Agreement; (b) Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the parties; (c) This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters; (d) This Agreement shall not be amended, modified, supplemented or rescinded in any manner except by written agreement executed by the parties; (e) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas; (f) EIKON shall not be liable for any failure to perform or delay in the performance of the Services due to circumstances beyond its reasonable control. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date set forth above. By: EIKON 15�.o� Name: Brad Isbell, P.E. Title: Vice President Date Julv 17, 2013 By: Name: Title: Date: CLIENT Page 14 rt1 rTEXAS COUlNkCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: August 15, 2013 Submitted By: Mike Brice City Manager Reviewed/Approval Initials �� Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ® AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS Consider, Discuss and Approve a Contract With Progressive Waste for Solid Waste and Recycling Services. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P [:]BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ S. Special ❑ $ BACKGROUND/SUMMARY OF ITEM Progressive Waste has submitted the lowest prices for solid waste collection and recycling services. Staff s recommendation is to go with twice per week residential solid waste collection with a 95 gallon cart and once per week recycling with a 65 gallon cart. The residential pricing will be the same as it is now. Commercial collection will be unchanged although there will be a price increase for commercial. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents: • Bid Tabulation • Contract Prior Action/Review by Council, Boards, Commissions or Other Agencies: m o o(D o(D o(D o(D o(D C p m T m m m (n op L m L m u) m o-. �. ^. �. 0. 0. 00 � (D (D (of) (OF (o ( o Z3 o 0 o� (D o� o m o D mo (D v °1 v w v v v v w L m m a Q- Q- Q- Q- Q- Q- c c c (D c c c O 7 p: O' O- (T 0- 6 7 0- om 0- 6 0- 6 (i) (n V! V! 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WHEREAS, the City, subject to the terms and conditions set forth herein and the ordinances and regulations of the City, desires to grant to the Service Provider the exclusive franchise, license and privilege to collect, haul and recycle or dispose of Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials (as such terms are defined herein) within the City's corporate limits. NOW, THEREFORE, in consideration of the premises and the mutual promises, covenants and agreements set forth herein, the Service Provider and the City hereby agree as follows: SECTION 1. DEFINED TERMS. The following terms, as used herein, will be defined as follows: Bag -Plastic sacks, secured at the top, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a Bag and its contents shall not exceed forty (40) pounds. Bulky Item -Any item not measuring in excess of either seventy-two (72) inches in Length or one -hundred (100) pounds in weight, including, but not limited to, refrigerators, stoves, washing machines, water tanks, chairs, couches, and other similar household items. Business Day -Any day that is not a Saturday, a Sunday, or other day on which banks are required or authorized by law to be closed in the City. Commercial Unit -Any non -manufacturing commercial facility that generates and accumulates Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials during, or as a result of, its business, including, but not limited to, restaurants, stores and warehouses. Construction and Demolition Waste -Solid Waste resulting from construction or demolition activities or that is directly or indirectly the by-product of such activities, including, but not 1 limited to, cartons, concrete, excelsior, gypsum board, metal, paper, plastic, rubber and wood products. Construction and Demolition Waste does not include Hazardous Waste, Municipal Solid Waste, Recyclable Materials or Bulky Items. Container - Any receptacle, including, but not limited to, dumpsters, Roii-Offs and Roll -Outs, provided to the City by the Service Provider and utilized by a Commercial, Industrial or Residential Unit for collecting Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials. Containers are designed to hold between thirty (30) gallons and forty (40) cubic yards of Solid Waste. Hazardous Waste -Waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, or so classified by any federal or State of Texas statute, rule, order or regulation. Handicapped Residential Unit -Any residential dwelling that is inhabited by persons, all of whom are physically handicapped to the extent that they are unable to place Municipal Solid Waste or Recyclable Materials at the curbside, and that generates and accumulates Municipal Solid Waste and Recyclable Materials. The identities of the members of a Handicapped Residential Unit shall be certified by the City Manager and agreed to by the Service Provider. Holidays -The following days: (1) New Year's Day (January lst) (2) Memorial Day (3) Independence Day (July 4th) (4) Labor Day (5) Thanksgiving Day (6) Christmas Day (December 25th). Industrial Unit -Any manufacturing, mining or agricultural facility that generates and accumulates Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials during, or as a result of, its operations. Landfill -Any facility or area of land receiving Municipal Solid Waste or Construction and Demolition Waste and operating under the regulation and authority of the Texas Commission on Environmental Quality ("TCEQ") within the State of Texas, or the appropriate governing agency for landfills located outside the State of Texas. Multi -Family Residential Unit -Any residential dwelling that is designed for, and inhabited by, multiple family units and that generates and accumulates Municipal Solid Waste and Recyclable Materials. Municipal Solid Waste -Solid Waste resulting from or incidental to municipal, community, commercial, institutional or recreational activities, or manufacturing, mining, or agricultural operations. Municipal Solid Waste does not include Construction and Demolition Waste or Hazardous Waste. Recyclable Materials - (a) Newspapers, magazines, and catalogs, and other paper items such as mail, paper bags or other paper; (b) Glass bottles and jars (excluding mirrors, windows, ceramics and other glass products); (c) Metal cans composed of tin, steel or aluminum (excluding scrap metal); and (d) Plastic containers including all varieties of the types designated as #l, #2, #3, #4, #5 and #7. Recycling Container — A Container with sixty-five (65) gallons of capacity and provided by the Service Provider for the collection of Recyclable Materials. Residential Unit -Any residential dwelling that is either aSingle-Family Residential Unit or a Multi -Family Residential Unit. Roll -Off - A Container with twenty (20) cubic yards to forty (40) cubic yards of capacity. Roll -Out - A Container with ninety-five (95) gallons of capacity. Single -Family Residential Unit -Any residential dwelling that is designed for, and inhabited by, a single person or family unit and that generates and accumulates unicipal Solid Waste and Recyclable Materials. Solid Waste - As defined by the EPA under 40 C.F.R. § 261.2(a)(1), or by the State of Texas under the Solid Waste Disposal Act § 361.003(34) whether such waste is mixed with or constitutes Recyclable Materials. White Good -Any item not measuring in excess of either three (3) cubic yards in size or one - hundred (100) pounds in weight and that is manufactured primarily from metal, including, but not limited to, a bath tub, heater, hot water heater, refrigerator, sink or washer and dryer. Yard Waste -Biodegradable waste that is composed of garden or park waste, such as grass or flower cuttings, leaves and hedge trimmings that is fully contained within Bags. SECTION 2. EXCLUSIVE FRANCHISE GRANT. The City hereby grants to the Service Provider, in accordance with the City's ordinances and regulations governing the collection, hauling, recycling and disposal of Municipal Solid Waste, 3 Construction and Demolition Waste and Recyclable Materials, the exclusive franchise, license and privilege to collect, haul and recycle or dispose of Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials over, upon, along and across the City's present and future streets, alleys, bridges and public properties. In order to maintain the exclusive franchise in favor of the Service Provider contained herein, the City shall take any and all appropriate legal action against any company, customer or third party infringing upon the exclusive rights of the Service Provider. In the event that the City fails to pursue appropriate legal action in order to remedy an infringement on the Service Provider's exclusive -franchise rights, the Service Provider may retain a subrogation right from the City against any and all violations of the exclusive -franchise grant described herein and shall be entitled to any and all actual and consequential damages arising from the City's failure to enforce this Agreement. SECTION 3. OPERATIONS. A. Scope of Operations. It is expressly understood and agreed that the Service Provider will collect, haul and recycle or dispose of all Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials (as provided herein) (i) generated and accumulated by Commercial, Industrial and Residential Units, and (ii) placed within Containers by those Commercial, Industrial and Residential Units receiving the services of the Service Provider (or otherwise generated and accumulated in the manner herein provided by those Commercial Units, Industrial Units and Residential Units), all within the City's corporate limits, including any territories annexed by the City during the term of this Agreement (the "Services"). B. Nature of Operations. The City hereby grants to the Service Provider, in accordance with the City's ordinances and regulations governing the collection, hauling and recycling or disposal of Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials, the title to all Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials collected, hauled and recycled or disposed of by the Service Provider over, upon, along and across the City's present and future streets, alleys, bridges and public properties. All title to and liability for materials excluded from this Agreement shall remain.with the generator of such materials. SECTION 4. SINGLE-FAMILY RESIDENTIAL UNIT COLLECTIONS. For the Services provided to Single -Family Residential Units under this Section 4, the Service Provider shall charge each Single -Family Residential Unit located within the City's corporate limits and billed by the City for water and sewer services the applicable monthly rate(s) contained in Attachment "A". A. Single -Family Residential Unit Municipal Solid Waste and Yard Waste Services. The Service Provider will collect Municipal Solid Waste and Yard Waste from Single -Family Residential. Units twice per week; provided, that (i) such Municipal Solid Waste is placed in Roll -Outs provided by the Service Provider, (ii) such Yard Waste is placed in Bags, and (iii) such Bags and Roll -Outs are placed within five (5) feet of the curbside or right of way adjacent to the Single -Family Residential Unit no later than 6:00 a.m. on the scheduled collection day. 0 B. Single -Family Residential Unit Recycling Services. The Service Provider will collect Recyclable Materials from Single -Family Residential Units once per week; provided that (i) such Recyclable Materials are placed within Recycling Containers and (ii) such Recycling Containers are placed within five (5) feet of the curbside or right of way adjacent to the Single -Family Residential Unit no later than 6:00 a.m. on the scheduled collection day C. Excess or Misplaced Municipal Solid Waste, Recyclable Materials or Yard Waste. The Service Provider shall only be responsible for collecting, hauling and recycling or disposing of (i) Municipal Solid Waste and Recyclable Materials placed inside the Containers provided by the Service Provider and (ii) Yard Waste placed.inside Bags. Municipal Solid Waste, Recyclable Materials and/or Yard Waste in excess of the. Containers' or Bags' limits, or placed outside or adjacent to the Containers or Bags, will not be collected by the Service Provider. However, such excess or misplaced Municipal Solid Waste, Recyclable Materials and/or Yard Waste may be collected on occasion and within reason due to Holidays or other extraordinary circumstances as determined by the Service Provider in- its sole discretion. If the excess or misplaced Municipal Solid Waste, Recyclable Materials and/or Yard Waste continues, the City shall require the Single -Family Residential Unit to utilize an additional Container and/or Bag so that the excess or misplaced Municipal Solid Waste, Recyclable Materials and/or Yard Waste will be regularly contained. The Service Provider shall be compensated for additional Containers required by the City, as provided for in Attachment "A". D. Handicapped Residential Units. Notwithstanding anything_ to the contrary contained herein, the Service Provider agrees to assist Handicapped Residential Units with house -side collection of their Bags and Containers; provided, that the Service Provider receives prior written notice from the Handicapped Residential Unit of such special need. The City shall be solely responsible for all other modifications and accommodations required by the Americans with Disabilities Act or any other applicable law or regulation in connection with the services provided hereunder to Single -Family Residential Units. SECTION 5. COMMERCIAL INDUSTRIAL AND MIJLTI-FANIILY RESIDENTIAL UNIT COLLECTIONS. The Service Provider will collect Municipal Solid Waste and .Recyclable Materials from Commercial, Industrial and Multi -Family Residential Units as needed each week, as provided for in Attachment "A". The Service Provider shall only be responsible for collecting, hauling and recycling or disposing of Municipal Solid Waste and Recyclable Materials placed inside the Containers provided by the Service Provider. However, the Service Provider shall be obligated to offer and provide sufficient service to Commercial, Industrial and Multi -Family Residential Units, and to increase or decrease, as necessary, the frequency of collection and the size or number of Containers so that Commercial, Industrial or Multi -Family Units' Municipal Solid Waste and Recyclable Materials will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Attachment "A". The parties acknowledge and agree that the Service Provider shall not be responsible for damage to any private pavement or accompanying sub -surface of any route reasonably necessary to perform the Services herein contracted and that the Commercial, Industrial or Multi -Family Residential Unit 5 assumes all liabilities for damage to pavement or road surface. For the Services provided to Commercial, Industrial and Multi -Family Residential Units under this Section 5, the Service Provider shall charge each Commercial, Industrial and Multi -Family Residential Unit located within the City's corporate limits and billed by the City for water and sewer services the applicable rate(s) contained in Attachment "A". SECTION 6. SPECIAL COLLECTIONS AND SERVICES: A. Municipal Locations. The Service Provider will provide, at no cost to the City, up to an aggregate number of thirteen (13) Containers (each up to eight cubic yards in size) to collect Municipal Solid Waste at certain municipal locations within the City once or twice per week, as . needed. B. �ecial Events. The Service Provider will provide; at no cost to the City, either (i) four Containers (each up to eight (8) cubic yards in size), with one (1) free haul of each Container or (ii) one (1) Roll -Off, with one (1) free haul of such Roll -Off, to collect Municipal Solid Waste at each of the City's four (4) special events held each calendar year; provided, that the City gives the Service Provider reasonable prior written notice of the dates of such special events as well as the number of Containers that will be required. C. Annual Trash Off. Additionally, the Service Provider will provide, at no cost to the City, up to nine (9) Roll -Offs to collect Municipal Solid Waste at the City's annual "Trash Off',.with an aggregate of nine (9) free hauls of such Roll -Offs each calendar year. Hauls in excess of the nine (9) free hauls per calendar year, shall be billed to the City in accordance with the rates contained in Attachment "A". The City and the Service Provider shall mutually agree upon the date of such City "Trash Off'. D. Sludge Services. The Service Provider will provide hauling and disposal services for sludge from the City's wastewater treatment plant; provided, that the sludge is tested, accompanied by requisite documentation of the State of Texas and meets the TCEQ's disposal guidelines. The City agrees to assist the Service Provider and, if, necessary, agrees to adjust and regulate load weights in order to comply with the Texas Department of Transportation's weight guidelines. For the Services provided under this Section 6.D., the Service Provider will charge for each Container utilized the applicable rate contained in Attachment "A". SECTION 7. BULKY ITEMS. A. Pre -Arranged Collections. The Service Provider will collect Bulky Items. from Single - Family Residential Units once per week, as designated by the Service Provider; rop vided, that the Bulky Items (A) are placed at the curbside no later than 6:00 a.m. on the scheduled collection day, (B) are reasonably contained, and (C) do not exceed four (4) cubic yards in total volume or have any individual item exceeding one -hundred (100) pounds in weight. The Service Provider shall only be responsible for collecting, hauling and recycling or disposing of Bulky Items from those Single -Family Residential Units that have complied with Sections 1 and 7.A. hereof. White Goods containing refrigerants will not be collected by the Service Provider unless such White Goods have been certified in writing by a professional technician to have had all such refrigerants removed. B. Negotiated Collections. It is understood and agreed that the service provided under Section 7.A. does not include the collection of Bulky Items comprised of Construction and Demolition Waste, White Goods or any materials resulting from remodeling, general property clean-up or clearing of property for the preparation of construction. However, the Service Provider may negotiate an agreement on an individual basis with the owner or occupant of a Single -Family Residential Unit regarding. the collection of such items by utilizing the Service Provider's Roll -Off Services. SECTION 8. TITLE TO EQUIPMENT. Notwithstanding anything to the contrary contained herein, it is expressly understood and agreed that all equipment, including, but not limited to, Containers, provided by the Service Provider in connection with the Services, shall at all times remain the property of the Service Provider. SECTION 9. RATES AND FEES. Subject to adjustment, as provided in Section 10 hereof, the rates and fees to be charged and received by the Service Provider are listed in Attachment "A". The applicable rates and fees apply to the City and all Commercial, Industrial and Residential Units that are located within the City's corporate limits and billed by the City for water and sewer services. SECTION 10. RATE ADJUSTMENT. A. CPI-U Adiustment. On each anniversary date of this Agreement, the Service Provider shall have the right, in its sole discretion and upon giving prior notice to the City, to increase or decrease the rates set forth in Attachment "A" (the "Initial Rates") in accordance with the CPI-U. As used herein, "CPI-U" shall mean the revised Consumer Price Index rate for all urban consumers (all items included) for the nearest available metropolitan area, based on the latest available figures from the Department of Labor's Bureau of Labor Statistics (the "Bureau"). The CPI-U used will be the CPI-U published by the Bureau during the month ninety (90) days preceding the adjustment under this Section I O.A. The amount of the increase or decrease under this Section I O.A. shall be equal to the percentage that the CPI-U has increased or decreased over the previous twelve (12) month period. B. Governmental Fees. The parties acknowledge that the rates herein include all applicable fees, taxes or similar assessments incurred under federal, state and local laws, rules and ordinances (excluding sales taxes and taxes imposed on income) (the "Fees"). The parties acknowledge and understand that the Fees may vary from time to time, and, in the event any of such Fees are increased or additional Fees are imposed subsequent to the effective date of this Agreement, the parties agree that the rates herein shall be immediately increased by the amount of any such increase in Fees or additional Fees. 7 C. Fuel Cost Adjustment. Beginning on January 1, 2015, and on each January 1 of the Agreement thereafter, the Service Provider shall adjust all the rates herein for any calendar year in which the average price of diesel fuel during the preceding calendar year exceeded $4.00 per gallon (the "Base Price"). The average price of diesel fuel will be determined by reference to the U.S. Energy Information Administration's published price for diesel fuel — gulf coast region. The following website (or any successor website) will be the source for such information: http://www.ela.gov/petroleum/gasdieseU. The average price of diesel fuel for each calendar year each, a "Average Yearly Price") shall be the average of the weekly fuel prices published for each week during such quarter. The fuel cost adjustment for any calendar year (each, a "Fuel Cost Adjustment") shall be the product of (i) 10.00% and (ii) a fraction the numerator of which is equal to the difference between the Base Price and the Average Yearly Price and the denominator of which is the Base Price. In the event the Average Yearly Price is greater than the Base Price, the Fuel Cost Adjustment for the following calendar year shall be an upward adjustment to all rates herein. In the event the Average Yearly Price is less than the Base Price, there will be no Fuel Cost Adjustment for the following calender year. Each Fuel Cost Adjustment shall be effective during the calendar year immediately following the calendar year for which such Fuel Cost Adjustment was determined. Notwithstanding anything to the contrary contained herein, the Franchise Fee or the Roll -Off Franchise Fee shall not apply to the Fuel Cost Adjustment. Formula: [(Average Yearly Price — Base Price) / Base Price] X 10.009/o= Fuel Cost Adjustment Example: Assume the Average Yearly Price for the calendar year ending on December 31, 2014 was $4.10. (4.10 — 4.00) / 4.00 = x 10.00% _ .25% increase to all the rates contained in Attachment "A" for the calender year beginning on January 1, 2015. SECTION 11. EXCLUSIONS. Notwithstanding anything to the contrary contained herein, this Agreement shall not cover the collection, hauling, recycling or disposal of any Hazardous Waste, animal or human, dead animals, auto parts or used tires from any Container provided by the Service Provider located at any Commercial, Industrial or Residential Unit; provided, however, that the Service Provider and the owner or occupant of a Commercial, Industrial or Residential Unit may negotiate an agreement on an individual basis regarding the collection, hauling or disposal of Construction and Demolition Waste, auto parts or used tires by utilizing the Service Provider's Roll -Off Services. SECTION 12. TERM OF AGREEMENT. The term of this Agreement shall be for a period of five (5) years, commencing on January 1, 2014 and concluding on December 31, 2018. At the expiration of the term of this Agreement, the Agreement may be extended for successive periods of five (5) years upon the mutual written agreement of the parties. SECTION 13. ASSIGNMEN'T'. This Agreement shall not be assignable or otherwise transferable by the Service Provider without the prior written consent of the City; provide d, however, that the Service Provider may assign this Agreement to any direct or indirect affiliate or subsidiary of the Service Provider or to any person or entity succeeding to all or substantially all of the Service Provider's assets (whether by operation of law, merger, consolidation or otherwise) without the City's consent. SECTION 14. ENFORCEMENT. During the term of this Agreement and any extension thereof, the City agrees to adopt and maintain ordinances and revise existing ordinances so as to enable the Service Provider to provide the Services set forth herein. The City shall take any action reasonably necessary to prevent any other solid waste collection company from conducting business in violation of the exclusive franchise granted herein. If the Service Provider experiences recurring problems of damage or destruction to or theft of the Containers provided by the Service Provider pursuant to this Agreement, the Service Provider may, prior to replacing or repairing such Containers, require security deposits from the Commercial, Industrial or Residential Units utilizing such Containers. To the maximum extent allowed by applicable law, the City also hereby grants to the Service Provider the right of ingress and egress from and upon the property of Commercial, Industrial and Residential Units for the purposes of rendering the Services contemplated hereby. SECTION 15. PROCESSING, BILLING AND FEES. A. Monthly Statement. On a monthly basis, the Service Provider agrees to bill the City the rates and fees charged in Attachment "A" for all Commercial, Industrial and Residential Units possessing active water meters within the City's corporate .limits, as well as for all other Commercial, Industrial and Residential Units requiring the collection, hauling, recycling and disposal of Municipal Solid Waste within the City's corporate limits (the "Monthly Statement") on or around the first on the month, immediately following the month for which such Services were rendered, commencing on February 1, 2014. Thereafter, the City will remit to the Service Provider an amount equal to (y) such Monthly Statement, less (z) a franchise fee equal to six percent (6%) of the Monthly Statement (the "Franchise Fee"). Such remittance shall be made by the City on or before the last day of each month (for the immediately preceding month's service) commencing on February 28, 2014. Along with each monthly remittance, the City shall provide the Service Provider with a report indicating the service type, size, location, and rate for Commercial Units and Industrial Units, as well as the number and rate of Residential Units which have been billed for that month. The City shall be solely responsible for billing and collecting such rates and fees from all Commercial, Industrial and Residential Units possessing active water meters within the City's corporate limits, as well as from all other Commercial, Industrial and Residential Units requiring the collection, hauling, recycling and disposal of 0 Municipal Solid Waste within the City's corporate limits. Nothing herein shall prohibit the City from collecting sums in addition to those sums called for herein. B. Taxes. In addition to the amounts billed and collected by the City under Section 15.A., the City shall also be responsible for billing, collecting and remitting/paying any and all sales, use and service taxes assessed or payable in connection with the Services. In addition to the rates billed and collected by the Service Provider under Section 15.D., the Service Provider shall also be responsible for billing, collecting and remitting any and all sales, use and services taxes assessed or payable in connection with the Roll -Off Services. C. Bad Debt; Unpaid Rates/Fees. The City agrees that payments owing to the Service Provider pursuant to this Agreement shall be based solely on the Services rendered by the Service Provider. The Service Provider shall not be held responsible for the collection of "bad debt" billed by and owed to City for the Services, nor shall the Service Provider be penalized for Services rendered that remain unpaid by any Commercial, Industrial Unit. D. Billings for Roll -Off Services. Notwithstanding the above, the Service Provider will bill and collect the rates charged in Attachment "A" from all Residential, Commercial and Industrial Units for services performed with respect to Roll -Off Containers (the "Roll -Off Billing"). The Service Provider shall also bill and collect the rates charged in Attachment "A" from the City for all Services performed for the City with respect to Roll -Off Containers, E. Roll -Off Franchise Fee. On a monthly basis, the Service Provider shall remit to the City an amount equal to six percent (6%) of the gross receipts collected from the Roll -Off Billing during the immediately preceding month (the "Roll -Off Franchise Fee"). The Roll -Off Franchise Fee shall be remitted to the City in arrears on or around the last day of each month, immediately following the month in which such gross receipts were collected, commencing on February 28, 2014. SECTION 16. SPILLAGE. It is understood and agreed that the Service Provider shall not be required to clean up, collect or dispose of any loose or spilled Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials not caused by the Service Provider's rendering of the Services, or be required to collect and dispose of any excess Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials placed outside of the Containers by any Commercial, Industrial or Residential Unit. The Service Provider may report the location of such conditions to the City so that the City can issue proper notice to the owner or occupant of the Commercial, Industrial or Residential Unit instructing the owner or occupant to properly contain such Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials. Should excess Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials continue to be placed outside of the Containers, the City shall require the Commercial, Industrial or Residential Unit to increase the frequency of collection of such Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials, or require the Commercial, Industrial or Residential Unit to utilize a Container with sufficient capacity so that the excess T Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials will be regularly contained. The Service Provider shall be compensated for these additional Services as provided for in Attachment "A", and shall be entitled to receive an extra collection charge for each additional Container requiring an extra collection. SECTION 17. NON -COLLECTION NOTICE AND FOLLOW-UP. A. Notice from the Service Provider. It is specifically understood and agreed that where the owner or occupant of a Commercial, Industrial or Residential Unit fails to timely place a Container as directed in Sections 4 and 5 hereof, or is otherwise in violation of the City's ordinances and regulations, the Service Provider's reasonable rules adopted hereunder or the provisions of this Agreement relating to the nature, volume or weight of Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials to be removed, the Service Provider may refrain from collecting all or a portion of such Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials and will notify the City within eight (8) hours thereafter of the reason for such non -collection. The Service Provider will also provide written notice to the Commercial, Industrial or Residential Unit of the reason for such non -collection, unless such non -collection is the result of the Commercial, Industrial or Residential Unit's failure to timely place the Containers, Bulky Items or Bundles out for collection. Such written notice shall be attached to the Container or the uncollected Municipal Solid Waste, shall indicate the nature of the violation and shall indicate the correction required in order that such Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials may be collected. B. Notice from a Commercial Industrial or Residential Unit. When the City is notified by an owner or occupant of a Commercial, Industrial or Residential Unit that Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials has not been removed from such Commercial, Industrial or Residential Unit and where no notice of non -collection or a change in collection schedule has been received by the City from the Service Provider, or the _ Service Provider has failed to collect Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials from the Commercial, Industrial or Residential Unit without cause, as supported by notice as described herein, then the Service Provider will use all reasonable efforts to collect such Municipal Solid Waste, Construction and Demolition Waste or Recyclable Materials on the day a collection order is issued by the City; provided, however, that if the Service Provider fails to make such collection on the same day that a collection order is issued by the City, the Service Provider shall make such collection no later than 12:00 p.m. on the following Business Day, and there shall be no charge to the Service Provider for any such original non -collection or late collection so long as the Service Provider makes such collection within such time. SECTION 18. HOURS OF SERVICE. For all the Services provided hereunder, the Service Provider's hours of service shall be between 6:00 a.m. to 7:00 p.m., Monday through Friday. The Service Provider will not be required to provide service on weekends or Holidays except during natural disasters or emergencies, and may, at its sole discretion, observe Holidays during the term of this Agreement; provided, 11 however, that the Service Provider shall provide such services on the immediately following business day. SECTION 19. CUSTOMER SERVICE. The Service Provider agrees to field all inquiries and complaints from Commercial, Industrial and Residential Units relating to the collection, hauling, recycling and disposal of Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials. The Service Provider and the City agree to cooperate with each other in the response to any such inquiries and the resolution of any such complaints. SECTION 20. COMPLIANCE WITH APPLICABLE LAWS. The Service Provider shall comply with all applicable federal and state laws regarding the collection, hauling, recycling and disposal of Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials, including existing and future laws that may be enacted, as well as any regulations reasonably passed by the .City that are not in derogation of this Agreement. Nothing in this Agreement shall be construed in any manner to abridge the City's right to pass or enforce necessary police and health regulations for the reasonable protection of its inhabitants. The City shall have the right to make reasonable inspections of the Service Provider. in order to insure compliance with this Section 20. SECTION 21. VEHICLES AND EQUIPMENT. Vehicles used by the Service Provider for the collection, hauling, recycling and disposal of Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials shall be protected at all times while in transit to prevent the blowing or scattering of Municipal Solid Waste, Construction and Demolition Waste and Recyclable Materials onto the City's public streets, or properties adjacent thereto, and such vehicles shall be clearly marked with the Service Provider's name in letters and numbers not less than two (2) inches in height. All collection vehicles used by the Service Provider shall be washed and deodorized once per week. SECTION 22. DUE CARE. The Service Provider shall exercise due care and caution in providing the Services so that the City's public and private property, including streets and parking areas, will be protected and preserved. SECTION 23. PERSONNEL AND PERFORMANCE STANDARDS. The Service Provider shall not deny employment to any person on the basis of race, creed or religion, and will insure that all federal and state laws pertaining to salaries, wages and operating requirements are met or exceeded. The Service Provider, its agents, servants and employees shall perform the Services in a courteous, competent and professional manner. During the term of this Agreement and any extension thereof, the Service Provider shall be responsible for the 12 actions of its agents, servants and employees while such agents, servants and . employees are acting within the scope of their employment or agency. SECTION 24. INSURANCE COVERAGE. Pursuant to this Agreement, the Service Provider shall carry the following types of insurance in an amount equal to or exceeding the limits specified below. Coverage (1) Worker's Compensation (2) Employer's Liability (3) Commercial General Liability (4) Automobile Liability (5) Pollution Legal Liability (6) Excess or Umbrella Limits of Liability Statutory $500,000 $1,000,000 per occurrence, $2,000,000 in the aggregate, combined single limit for Bodily Injury and Property Damage Liability $2,000,000 per occurrence combined single limit for Bodily Injury and Property Damage Liability $2,000,000 each loss $5,000,000 per occurrence To the extent permitted by law, any or all of the insurance coverage required by this Section 24 may be provided under a plans) of self-insurance, including coverage provided by the Service Provider's parent corporation. Upon the City's request, the Service Provider shall furnish the City with a certificate of insurance verifying the insurance coverage required by this Section 24. SECTION 25. INDEMNITY. To the extent covered by applicable insurance, the Service Provider assumes all risks of loss or injury to property or persons caused by its performance of the Services. The Service Provider agrees to indemnify and hold harmless the City and its agents, directors, employees, officers and servants from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, liabilities, losses or expenses (including, but not limited to, reasonable attorneys' fees) caused by a willful or negligent act or omission of the Service Provider, its officers and employees. However, the Service Provider shall not be liable for any legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees caused by a willful or negligent act or omission of the City, its agents, directors, employees, officers and servants. 13 SECTION 26. SAVINGS PROVISION. . In the event that any term or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, this Agreement shall to the extent reasonably possible, remain in force as to the balance of its terms and provisions as if such invalid term or provision were not a part hereof. SECTION 27. TERMINATION. Any failure by either party or its successors and assigns to observe the terms and conditions of this Agreement shall, if continuing or persisting without remedy for more than thirty (30) days after the receipt of due written notice from the other party, constitute grounds for forfeiture and immediate termination of all the defaulting parry's rights under this Agreement, and all such rights shall become null and void. SECTION 28. FORCE MAJEURE. The performance of this Agreement may be suspended and the obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond reasonable control of such party. The performance of this Agreement will be suspended and the obligations hereunder excused only until the condition preventing performance is remedied. Such conditions shall include, but not be limited to, acts of God, acts of war, accident, explosion, fire, flood, riot, sabotage, acts of terrorists, unusually severe weather, lack of adequate fuel, or judicial or governmental laws or regulations. SECTION 29. GOVERNING LA`V. This Agreement shall be governed in all respects, including as to validity, interpretation and effect, by the internal laws of the State of Texas, without giving effect to the conflict of laws rules thereof. The parties hereby irrevocably submit to the jurisdiction of the courts of the State of Texas and the Federal courts of the United States located in the State of Texas, solely in respect of the interpretation and enforcement of the provisions of this Agreement, and hereby waive, and agree not to assert, as a defense in any action, suit or proceeding for the interpretation or enforcement hereof, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that this Agreement may be enforced in or by said courts, and the parties hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a Texas State or Federal court. The parties hereby consent to and grant any such court jurisdiction over the person of such parties and over the subject matter of any such dispute and agree that mailing of process or other papers in connection with any such action or proceeding to the addresses of the parties listed below, or in such other manner as may be permitted by law, shall be valid and sufficient service thereof. 14 SECTION 30. NOTICES. Any notices required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party at the address set forth below: If to the City: City of Sanger P.O. Box 1729 Sanger, TX 76266 Attn: City Manager If to the Service Provider: Progressive Waste Solutions of TX, Inc. 802 Topeka Street Justin, TX 76247 Attn: Division Manager With a Copy to: IESI Corporation 2301 Eagle Parkway, Suite 200 Ft, Worth, TX 76177 Attn: Legal Department or such other addresses as the parties may hereafter specify by written notice and delivered in accordance herewith. SECTION 31. PERFORMANCE BOND. The Service Provider shall maintain a performance bond for the life of the Agreement in the amount of One Hundred Thousand Dollars and no /100 ($100,000.00), renewed annually and payable to the City for the purpose of guaranteeing the performance of the Services set forth herein. The surety on the bond must by a duly authorized corporate surety company .authorized to do business in the State of Texas. Said bond shall be payable to the City in the event that the Service Provider fails to cure any default of this Agreement. SECTION 32. ATTORNEYS' FEES. The prevailing party in any dispute between the parties arising out of the interpretation, application or enforcement of any provision hereof shall be entitled to recover all of its reasonable attorneys' fees and costs whether suit be filed or not, including without limitation costs and attorneys' fees related to or arising out of any trial or appellate proceedings. 15 SECTION 33. ACCEPTANCE. PASSED AND APPROVED BY THE CITY OF BANGER COMMISSION MEETING AT A TIME AND PLACE IN COMPLETE CONFORMITY WITH THE OPEN MEETING LAWS OF THE STATE OF TEXAS AND ALL OTHER APPLICABLE LAWS THIS DAY OF 2013. PROGRESSIVE WASTE SOLUTIONS OF TX, INC. By: John Gustafson, Vice President 16 CITY OF SANGER, TEXAS By: _ Name: Title: ATTEST: By: _ Name: Title: ATTACHMENT "A" 10 Progressive Waste Solutions of TX, Inc. 4001 Old Denton Rd, Haltom City, Texas 76117 Progressive Phone:Contac Paul Hansen; District Manager Phone: (817) 222.2221 Waste Solutions CITY OF SANGER RATE SHEET Effective! January 2014 Single -Family Residential Unit Services • (1) RolkOut 3 (1) Recycling Container: $12.46 per month, per Single -Family Residential Unit Additional Roll.Out: $5.00 per month, per additional Roll•Out, per Single -Family Residential Unit Additional Recycling Container: $3.00 per month, per additional Recycling Container, per Single•Family Residential Unit MONTHLY CHARGES TO COMMERCIAL, INDUSTRIAL AND MULTIFAMILY RESIDENTIAL UNITS CONTAINER Lifts Per Week - SIZE 00 $26.60 N/A 96 $135.88 NIA .74 $217.17 $305.52 .23 $246.74 $382.98 Containers with locks Containers with Casters Containers with Gates CONTAINER NON•CITY ROLL -OFF RATE SCHEDULE Price for Each Additional Lift 510.19 per month, per Container 510.19 per month, per Container $10.19 per month, per Container " HAUL ..:DISPOSAL::: • rr . OELRlERY r� .- MONTHLY RENT '' r r� .. � 20CubicYd rr .- 30Cubic Yd.- 40CubicYd �� .- rr .- r• .- .- - r �� .- CONTAINER SIZE CITY HAUL 20 Cubic Yd ." Franchise Fees: Residential: 6%Franchise Fee Commercial: 6% Franchise fee Roll -Off: 6% Franchise Fee Ail rates are inclusive of all Franchise Fees • Rates do not include any Sales Tax .Rgeh TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: August 5, 2013 Submitted By: Mike Brice City Manager Reviewed/Approval Initials 2!5 Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ® AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS Consider, Discuss and Approve a Contract With Duncan, Sims, Stoffels, Inc., for the Design Work of the Splash Park. SEEN FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS [:]OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR. PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This contract is for design work for the splash park and other improvements to Switzer Park. Funds for design and construction, estimated at $520,000, will come from the 2013 Bond Funds. The Proposed fee for design of $43,500 is in line with general architectural fees. This is the same firm that designed the sports park and wrote the park master plan. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents: • Contract Prior Action/Review by Council, Boards, Commissions or Other Agencies: July 23, 2013 Mr. Mike Brice City Manager City of Sanger 502 Elm Street Sanger, Texas 76266 Dear Mr. Brice: We appreciate the opportunity to submit this Scope of Services for Switzer Park in Sanger, Texas. This proposal is being submitted for your review and approval. The Scope of Services is divided into two Phases: Phase I — Basic Design Services, Design Development and Construction Documents; and Phase II - Additional Services. PHASE I -BASIC DESIGN SERVICES, DESIGN DEVELOPMENT &CONSTRUCTION DOCUMENTS Design Development Services An opinion of probable cost for construction will be prepared for the programs elements identified by the City for construction in this phase of the project. It is our understanding the City has budgeted $520,000.00 for the project budget. The project elements included in this scope of services are as follows: 1. Renovate the existing canopy structure. 2. Remove the existing pool/office building and fill in the pool. 3. Install a new splash pad. 4. Remove existing asphalt trail and replace with concrete. 5. Landscaping and irrigation. 6. Pavilion structures. 7. Renovate existing restroom. 8. ADA parking. We will prepare a design development plan based on existing site conditions and Topography. -1Ne will also prepare cost estimates for construction and determine specific equipment and specifications for Switzer Park. 9603 White Rock Trail, Suite 210 Dallas, Tesas 75238 (214) 553-5778 The services in this phase are divided into specifications; (2) bidding and contract award; sets forth the services to be performed. three sections: (1) construction documents and and (3) construction administration. Each section Construction Documents and Specifications Construction documents and specifications will be prepared for the park elements outlined in the opinion of probable cost for construction. Dunkin Sims Stoffels, Inc. will perform the following tasks in this section of the project: ■ Grading Plan(s), which will establish grades for all elements of the project. ■ Trail Design / Replacement. ■ Layout Plan(s) locating by dimensions all structures, walks, foul lines, fence lines, planting areas, etc. ■ Irrigation Plans) showing the location of all heads, pipe, valves, pumps, and controls. ■ Construction Details providing plans, sections, elevations of the individual elements of the plans. ■ Prepare proposal forms and appropriate add or deduct alternates. • Prepare the project manual. Bidding and Contract Award The Consultant will be responsible for the following tasks in this phase: ■ Distribute plans and specifications from our office to interested contractors. ■ Answer questions and interpret drawing during the bidding period. ■ Assist the City in receiving bids. ■ Prepare and distribute any required addendum. ■ Attend the bid opening and prepare a bid tabulation sheet for completion at the bid opening. ■ Analyze the bids and make a written recommendation to the City for awarding a contract. Construction Administration We will perform the following tasks during this phase of the project: ■ Consultation and advice to the City. ■ Preparation of elementary and supplementary sketches required to resolve field conditions. ■ Approval of submittals and shop drawings submitted by contractors for conformance with the design concept. ■ The consulting team shall make periodic site visits to determine if the project is proceeding in accordance with the contract documents. The consulting team shall not be responsible or liable for the Contractor's failure to perform the construction work in accordance with the contract documents. ■ Review and approval of all certificates for payment submitted by the Contractor. ■ Prepare Change Orders for the City's approval and execution. ■ Coordinate final site walk through with the City at the conclusion of the construction and provide a punch list to Contractor to complete the project. 2 PHASE II -ADDITIONAL SERVICES The following items set forth below are services provided in addition to Basic Design Services. Costs for each item listed have been provided as a reimbursable expense. Plan and Specification Printing The Consultant will invoice the City at cost plus 10% for all out -of -house printing of plans, specifications and plotting of AutoCAD files. Requested mounting or laminating of master plans will also be invoiced at the incurred cost. In-house printing of check prints for use in preparing the construction documents are included in the basic design services. Postage and delivery expenses will not be invoiced during the Design Phase of the contract. Courier, express mail, or overnight delivery charges, as well as, the cost of mailing sets of contract documents to prospective bidders will be charged to the City. We would recommend the City budget $2,500.00 for this task. Topographical Survey It is our understanding the City will provide an on -the -ground topographical survey for the site with spot elevations and locations of existing elements. Texas Department of Licensing and Regulation Fee The City should budget $1,500.00 for plan review and inspection fees for ADA compliance. Additional Services Additional Services which are not included in this proposal include: ■ Preparation of final or preliminary plats. ■ Geotechnical surveys. ■ Detail site plans required by the City Planning Department. ■ Plans for ADA compliance of existing elements in the park. ■ City will make ADA modifications to restroom building. Summary of Fees Phase I —Basic Design Services, Design Development &Construction Documents $ 39,500.00 Phase II —Additional Services: Plan and Specification Printing.............'.............................................. $ 2,500.00 TDLRFees....................................................................................... $ 1.500.00 TOTAL SERVICES FEES: $ 433500.00 3 Preparation of Alternates The Consultant's fees are based upon the total dollars allocated for construction of the project. The Consultant will prepare an estimate for probable cost of construction. This estimate will be based on the design development phase of the project. Should the City request design alternates be prepared for bidding, the consulting team will invoice the City in addition to the original contract amount, the agreed percentage of construction cost for- preparation of plans, construction documents and specifications for the alternates. Any such expenses shall be pre -authorized by the City in advance of work being performed. We appreciate the opportunity to submit this Scope of Services and we look forward to working with you and the City of Sanger. If you have any questions, do not hesitate to call me. Sincerely, Dennis Sims, RLA, ASLA Principal C! Denco Area 9-1-1 District 1075 Princeton Street Phone: 972-221-091 1 Lewisville, TX 75067 Fax: 972-420-0709 Mailing: PO BOX 293058 Lewisville, TX 75029-3058 TO: Denco Area 9-1-1 District Participating Jurisdictions FROM: Mark Payne, Executive Director �� DATE: July 16, 2013 RE: Appointment to the Denco Area 9-1-1 District Eoard of Managers On May 9, 2013, the Denco Area 9-1-1 District requested participating cities to nominate a representative to the district board of managers. The following nominations were received by the July 15, 2013 deadline: Nominee Karl hlammond Charla Marchuk Tom Newell Joe Perez Sue Tejml Eert Witherspoon City/Town Makina Nomination Lake Dallas Shady Shores Corinth The Colony Copper Canyon Double Oak Northlake Sanger Krum The Denco Area 9-1-1 District requests that each participating city vote for one of the candidates and advise the district of its selection prior to 5 p.m. September 11, 2013. Please send a copy of the resolution recording council action. Enclosed is a sample resolution you may wish to use and resumes for the candidates. Also enclosed is a copy of the resolution outlining board appointment procedures and a list of current board members. Please mail your response to Denco Area 9-1-1 District, P.O. Eox 293058, Lewisville, TX 75029-3058 or fax it to 972-353.6353. You may also email your response to Andrea �epeda, Executive Assistant at andrea.zepeda a(�denco orq. Thank you for your assistance in this matter. Enclosures www.denco.org Council Resolution No. A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT, WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY /TOWN OF ,TEXAS: Section 1 The City /Town of hereby votes for Area 9-1-1 as a member of the Board of Managers for the Emergency Communication District, Section 2 Denco That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ATTEST: City /Town Secretary Mayor City /Town of APPROVED AS TO FORM: City /Town Attorney 201 3. DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS, WHEREAS, Chapter 772, Texas Health and Safety Code provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole or part of the district."; and WHEREAS, each member serves a term of two years beginning on October 1ST of the year member is appointed; and WHEREAS, one member representing participating municipalities is appointed each year. NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS: The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1 District Board of Managers shall be the following: 1. Prior to May 15`h of each year, the executive director shall send a written notice to the mayor of each participating municipality advising that nominations are open for one of the municipal representatives to the Denco Area 9-1-1 District Board of Managers until July 151h of that same year. The notice shall advise the mayors that, for a nomination to be considered, written notification of council action must be received at the Denco office prior to 5:00 p.m. on July 151h of that year. No nominations shall be considered after that time. 2. On July 161h of each year, the executive director shall send written notice to the mayor of each participating municipality providing the slate of nominees to be considered for appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning October 151. The notice shall advise the mayor that the city council shall vote, by resolution from such city, for one of the nominees. Written notice of the council's selection must be received at the district office by 5:00 p.m. on September 15'h. No notice will be accepted after that time. 3. The one nominee with the most votes received by the deadline will be the municipality representative appointed for the two-year term beginning October 1 s` 4. If there is a tie between two candidates with the most votes, a runoff election will be held immediately with the candidate receiving the most votes serving the remainder of the term. The incumbent representative shall serve in that positiorAuntil replaced. APPROVED and ADOPTED on this 4"' day of Februaryi199 irman, Bo2(rd of Managers Secretary, Board of'Managers Denco Area 9-1-1 District Board of Managers FY2013 Jack Miller, Chairman • Appointed by Denton County Commissioners Court • Member since October 2000 • Term expires September 2014 • Former mayor and council member of Denton • Self-employed as a human resource manager Olive Stephens, Vice Chair • Appointed by member cities in Denton County • Member since 1987 • Term expires September 2013 • Former Mayor, Town of Shady Shores Chief Terry McGrath, Secretary ■ Appointed by Denton County Fire Chiefs Association ■ Member since October 2011 ■ Term expires September 2013 ■ Assistant Fire Chief, City of Lewisville Harlan Jefferson • Appointed by member cities in Denton County • Member since November 1998 • Term expires September 2014 • Town Manager, Town of Flower Mound Bill Lawrence • Appointed by Denton County Commissioners Court • Member since October 2006 • Term expires September 2014 • Former Mayor of Highland Village • Businessman, Highland Village Rob McGee ■ Non -voting member appointed by largest telephone company (Verizon) ■ Member since 2012 ■ Serves until replaced by telephone company ■ Manager, Region Network Reliability, Verizon All voting members serve two-year terms and are eligible for re -appointment. S:�Admin�Board of Managers�Board of Managers General Information�Denco Board Roster FY2013.doc Karl Hammond 5427 Kings Manor Lake Dallas, Texas 75065 khammond@lakedallas.com Objective Obtain a position in management or sales, where I may maximize my experience with a progressive company. Summary Offering nearly 23 years of experience and a comprehensive knowledge of sales, inventory, accounts receivables and accounts payable, shipping/receiving, managerial skills, and the local market. Work Aistory 2012—Now ASSEMBLY, Tractor Supply Co.; Denton, TX 2011-Now COUNTERMAN, NAPA Auto Parts Inc.; Connell, TX 2010-Now OVERNIGHT STOCKER, Toys R Us Inc.; Lewisville, TX 2004- 2008 STORE MANAGER, Jamieson Fence Supply Co.; Dallas, TX 1998- 2004 COMMERICAL SALES MANAGER, O'Reilly Auto Parts Inc.; Lewisville, TX 1994- 1998 STORE MANAGER, Parts Plus Inc./Big A Auto Parts Inc.; Carrollton, TX 1990- 1994 COUNTERMAN, Parts Plus Inc. and PARTS DRIVER, Parts Plus Inc.; Denton, TX 1985- 1993 GUNNER'S MATE, United States Navy Education 1999 Associate of Arts, NORTH CENTRAL TEXAS COLLEGE 1994 Associate of Science, NORTH CENTRAL TEXAS COLLEGE 1986 High School Diploma, DENTON HIGH SCHOOL Karl Hammond Licenses and CertilFicates ASE Certified Parts Specialist Group One Insurance Agent; Life, Home, and Auto Awards Received Numerous Sales Achievement Awards Sales Course Certificates Management Course Certificates Texas Governor's Leadership Camp, TANG 1985 Over 200 CEU hours from Texas Municipal League Leadership Experience Current: Council Member Place 5 of the City of Lake Dallas Chairman of the Lake Dallas Community Development Corporation Treasurer of the Lake Cities Library Board of Directors Member of Denton County Republican Men's Club Member of The Church of Corinth Member of the American Legion Previous: Mayor Pro-Tem of the City of Lake Dallas Member of the Lake Dallas Planning and Zoning Commission Member of the Lake Dallas Economic Development Corporation Vice— Chairman of the Lake Dallas Parks and Recreation Board Scout Leader with the Boy Scouts of America: Troop 424 and 1171 Founding Member of the Citizen Patrol of the City of Lake Dallas Charla Kay Marchuk, CFM Charla.Marchuk@Shady-Shores.com QUALIFICATIONS: ® Over thirteen years of experience in organization and coordination ® Certified Floodplain Manager since 2009 ® Strong communication, presentation and time management skills ® Proven success in providing customer service; able to resolve complaints of upset or difficult customers ® Over ten years experience in leadership roles, skillful coordinating and overseeing people in group focused projects Trained to manage both the planning and implementation of both compliance and ethical strategies necessary for sustaining the urban environment ® Experience and training utilizing GIS programs: ArcGIS and Mapinfo RSC 1VFII' Lead (2009-Present) URS Corporation RAMPP Team 723 S. I-35E, Suite 230 Denton, Texas 76205 Receives inquiries, directly or via transfer from the FEMA regional office and FEMA Headquarters and directly respond to such inquiries or, as necessary, refer them to another appropriate location. 6Responds timely and in an accurate manner to Congressional inquiries and FOIAs received from the Risk Analysis Division Region 6. @Researches history and prepares well written responses to inquiries and ensure that technical information is explained in an easy to understand manner. ®Coordinates information and responses with FEMA divisions, headquarters and other subject matter experts. ®Ensures that sensitive information received from both Region 6 and Headquarters is protected from unauthorized disclosure. Ensures that congressional staff members are treated fairly and that disseminated information is accurate and complete. ®Provides technical assistance and advisory solutions to problems related to the NFIP as received by telephone, correspondence, media, personal visits from individuals, groups, community leaders, Congressional requests, and various Federal and State Officials. Performs as a liaison contact for communities regarding their appeal/protest status and assisted with procedural questions and questions directly related to the NFIP. ®Utilizes various government databases (Mapping Information Platform, Community Information System, and Map Service Center) to perform initial review of federal appeals and protests: ®Conducts outreach to NFIP stakeholders in support of the insurance and floodplain management objectives of the NFIP and provide support to the FEMA Regional Office, Technical Analyst II (2007-2009) Michael Baker Corporation 101 South Locust, 3'd Floor Denton, Texas 76201 � Conducted, as assigned and needed, Community Coordination meetings with local government officials/public to explain the results of the Flood Insurance Rate Map and Flood Insurance Study Process. ® Established good working relationships with the FEMA Regional and HQ Staff. ® Supported pre- and post -flood activities for the FEMA Regional office s Assisted local floodplain coordinators on ordinance requirements and compliance issues relating to the NFIP. 0 Provided assistance to stakeholders in the use of NFIP modernized systems including providing support to local floodplain administrators. ® Coordinated insurance -related inquiry processing. Charla Kay Marchuk, CFM Charla.Marchuk@Shady-Shores.com ® Coordinated with and provided outreach support to FEMA Region 6 NFIP staff, including informative presentations. ® Performed as a liaison contact for communities regarding their appeal/protest status and assisted with procedural questions and questions directly related to the NFIP. Performed as the Lead over the Appeals and Protests Section in the Post Preliminary Group — responsibilities include tracking data and coordinating tasks with other personnel as well as assisting FEMA personnel by contacting communities and individuals on their behalf. ® Coordinated between the Post Preliminary, GIS and Engineering Departments on several projects for the FEMA Map Modernization Program. Played an active role in data processing and organization between departments. Intern, Emergency Management Office (06/2007-10/2007) City of Irving 825 W. Irving Blvd Irving, Texas 75060 ® Assigned to update Annex C of the City of Irving's Emergency Operations Plan; Mass Shelter and Care; and verify NIMS compliance. ® Represented local government at orientation and planning meeting for large, full-scale multi jurisdictional Tactical Interoperability Emergency Exercise at Texas Stadium. ® Assisted in damage assessment of local jurisdiction properties during heavy rain events in 2007. i Prepared and presented community outreach presentations to special needs citizen groups about emergency preparedness. i Reevaluated local cooperative agreements with various non-profit and federal groups in accordance to the City of Irving's Emergency Operations Plans. Communications Dispatcher II (1999-2007) City of Irving 825 W. Irving Blvd Irving, Texas 75060 ® Daily answered and processed 911 /administrative telephone calls via 1.5 million dollar computer aided dispatch system; routed customer calls through a PBX environment for the city. ® Routinely compiled daily information and offense reports in regards to stolen property, missing persons, protective order applications and property crimes throughout the city from citizens. Daily conducted computer searches throughout local, state and national databases (NCIC and TCIC) for possible wanted persons and stolen property. e Daily contacted other agencies to confirm stolen/recovered property and persons by way of phone contact or teletype messages utilizing the National Law Enforcement Telecommunications System (NLETS). Actively participated in back up PSAP (public safety answering point) exercise drills. e Designed weekly/daily lesson plans based on objectives from departmental guidelines and standard operating procedures. EDUCATION: University of North Texas, Denton, Texas (2006-2008) Bachelor's of Science: Emergency Administration and Planning Dallas County Community College (1998-2006) ® Associates Degree — Applied Science High School Diploma, Mid -Del Christian High School, Del City, Ok VOLUNTEER/CIVIC GROUPS: Minor: Geography Valedictorian 2 Charla Kay Marchuk, CFM Charla.Marchuk@Shady-Shores.com • Floodplam Administrator, Town of Shady Shores, Texas (2013) • Planning and Zoning Committee, Town of Shady Shores, Texas (Member 2009-2013) (Chairman 2013-present) • University of North Texas Mortar Board Vice -President 2008 • Guest Speaker at the North Texas Municipal Jail Association: "Detention Facilities and Emergency Management" • Guest Speaker at the wing MS Support Group meeting: "Emergency Management and Special Populations" PERTINENT COLLEGE CLASSES: Federal Government and Disasters FEMA National Flood Insurance Program Introduction to Emergency Management Hazard Mitigation and Preparedness Introduction to Planning Technology in Emergency Management ARC GIS Introduction Course Disaster Response and Recovery Disaster Preparedness and Management MapInfo GIS Software • FEMA NIMS IS-100 Introduction to Incident Command System • FEMA NIMS IS-700 NIMS Introduction • FEMA NIMS IS-200 ICS for Single Resources and Initial Action Incidents Charla first became interested in emergency management after taking a beginner CPR and First Aid course in 1995 while pregnant with her first child. This interest led to her certifiying as an Emergency Medical Technican Basic (EMT-B) and her first volunteer role working on an ambulance as a team member of the Jacksonville North Carolina Volunteer Rescue Squad, In 1999 Charla went to work as a Police Dispatcher and 911 Operator for the City of Irving. She participating in several PSAP exercises/upgrades and went on to become a Police Communications Training Officer in 2003. While working at the City of Irving — Charla participated in many high profile cases including the Christmas Eve Shooting by the of Irving Officer Aubrey Hawkins by the infamous "Texas Seven". Charla also received years of training as a police dispatcher including a number of topics including how to handle suicidal callers and Amber Alert Training put on by the Texas Department of Public Safety, In 2007, Charla also worked at the City of Irving's Emergency Management Office as an intern while attending the University of North Texas. She was assigned to update Annex C of the City of Irving's Emergency Operations Plan; Mass Shelter and Care; and verify NIMS compliance. She represented local government at orientation and planning meeting for large, full-scale multi jurisdictional Tactical hteroperability Emergency Exercise at Texas Stadium and assisted in damage assessment of local jurisdiction properties during heavy rain events in 2007. In 2008, Charla graduated from the University of North Texas in 2008 with a degree in Emergency Administration and Planning with a minor in Geography. She went onto work as a contractor for the Federal Emergency Management Agency where she still works as part of the National Flood Insurance Program working specifically with the FEMA Region 6 Mitigation Division, In December of 2009, Charla moved to Shady Shores and expressed interest in joing the Planning and Zoning Committee. She was appointed to the committee in the spring of 2010 and was voted Chairman by her peers in 2013. Charla also volunteers her time to her town as the designated Floodplain Administrator and has been actively engaging the Town in FEMA's Dr Discovery Meetings regarding the Elm Fork Watershed by bringing attention to local drainage outside of the FEMA designated Special Flood Hazard Area (SFHA) including low water crossings and potential evacuation routes within the Town's limits. Charla is a member of the Texas Floodplain Manager's Assocation and has been a Certified Floodplain Administrator since 2007. She has also given presentations to several groups including the North Texas Municipal Jail Assocation and the Irving MS Support Group regarding emergency management issues. Mn 01_- Tom E. Newell Education • Master Peace Officer's certificate granted June 19, 2001 • Bachelor of Applied Arts & Science (BAAS), North Texas State University (NTSU) now University of North Texas (UNT) in Denton on May 15, 1979. Major: Criminal Justice, Minor: Radio Television Film Engineering • Basic Peace Officer's certificate, graduation from the Regional Police Academy (North Central Texas Council of Governments) in September 1978 • Graduate of Plano High School in May 1974 Employment • Quartermaster/Support Services Officer, UNT Police Department, Denton, July 2007 — February 2012 (part time position, maximum of 19 hours per week). Retired/Resigned Police Officer commission also in February 2012. • Retired full-time employment on January 31, 2007 after 32 years of State Service via the Texas Teacher Retirement System (TRS) • Director of Telecommunications, UNT Health Science Center, Fort Worth, 1996 — 2007 • Assistant Director of Computing Services, Texas Women's University, Denton, February — August 1996 • Telecommunications Manager, UNT Denton, 1982 —1996. Worked directly with Denco 911 District to create LINT's 911 database and operating procedures. • Reserve Police Officer (unpaid) 1982 — 2012, with several local departments • Police Officer, Plano Police Department, Plano, 1981 • Police Officer, Communications Supervisor, Support Services Officer (full-time positions) and Head Dispatcher & Dispatcher (part-time student positions), UNT Police Department, Denton, 1975 —1980 Leadership Roles, Committees & TTolunteering • Denton Community Food Center, volunteer and truck driver January 2007 to present. Became Member of Board of Directors in September 2007. Elected Chair of the Board of Directors effective January 2008. • American Red Cross, volunteer with local Disaster Assistance Team (DAT) and national Disaster Services Team, 2008 to present. As of 7/2010 deployed on two national DRO's. • Our Daily Bread (local Soup Kitchen), Board of Directors and volunteer, 2009 to present. • Denton County Amateur Radio Association (DCARA), HAM Radio Operator, Technician Class license awarded 9-11-2008. Call Sign: KE5WII • CERT (Community Emergency Response Team) Certified September 2007. • North Texas Exes (UNT Alumni Association), Life Time Member 2005 and volunteer/committee member for Denton Chapter events. • Middle Managers Committee, LINT Health Science Center, Fort Worth. Member 2000 — 2006. Chairman 2004 -2005. • Capital Campaign, UNT Health Science Center, Fort Worth. Team Captain and Steering Committee member 2004. • Employee Benefits & Action Committee, UNT Health Science Center, 2001— 2005. • Cowtown Marathon, Fort Worth, Course Monitor, 2000 — 2005. • Annual Holiday Food Drive, UNT Health Science Center, Fort Worth, 2000 — 2006. VOLUNTEER OPPORTUNITIES Citizens interested in being considered for appointment to a City Board, Commission or Committee may utilize this form or download the form as well as the associated duties and responsibilities from the City website at www.cityofcorinth.com, Departments, City Secretary, Volunteer forms. All those wishing to serve must be registered to vote in Corinth as well as have completed the six month residency requirement. All information provided to the City is subject to the Open Records Act / Texas Public Information Act Applicant's name will be placed on the agenda for consideration, so forms must be submitted by the Friday prior to the next regularly scheduled council meeting in order to be considered for appointment Please sign and return this form to City Hall in a sealed envelope ATTN: Kim Pence City of Corinth, 3300 Corinth Parkway,Corinth, TX 76208 940=498-3200 Main Line 940498-7505 Fax Line Name (Please print): ��►�+ �r'-Phone (h): Address: t 7 Z� U� n`i'tieie i7 f Phone (work o cel Address: E-Mail Address: IJm/�IE-tkli1 0 my. ctAf- edU Resident of Corinth since: D3 % 2U0 (mm/yy) PAX (S)wJ: Voter Registration ID#: DOB: 11 21 ASS Occupation or area of expertise: (Attach copy of resume or expertise summary): (� ��CCe r+u�, ?aLW Previous public service and entity served: STAt Df W 3 P,6r "M%' av y &C6 Clem -.spe ire*,Ltm")�st� k1 Have you ever attended any public meeting of the City? � Previous Civic involvement; position held, if any: /1� oU On which of the following Boards, Commissions, or Committees do you have an interest in serving? !f you have areas of multiple interests, please rate your preference for appointment consideration. All Committee appointments are at the discretion of the City Council. Board of Construction Appeals Corinth Economic Development Corporation Keep Corinth Beautiful Zoning Board of Adjustment Lake Cities Library Board of Directors Parks and Recreation Commission Planning and Zoning Commission Trails Committee Ethics Committee ffi`er i10t J Please use this space as well as the back to reply to the following: 1. State the reason for your interest and explain the expertise you would be able to purpose of the group: 5Ny r1E',d.t.t,rnv P.jge wyn mLcftUV,'6,A ff'LL6&i 2. What is your vision for Corinth? T, .S�,tat;cS onCv a*tL C��•t��d-. (4:1 ct t'r�mricc..ra 3. Explain your approach to economic development in Corinth: -v /A 4. What businesses would you like to see in Corinth, how would you attract them, and why? A/A 5. What are your views on Parks and Recreational facilities? /4d/A NOMMMINNER As a registered voter in the City of Corinth,) am interested in being considered for appointment to City Boards, Commission Committees when a vacancy occurs. Trim Signature of Applicant The information provided in this Application is true, correct and complete, If chosen for an appointment, any misstatements, omission of fact, or failure to comply with attendance requiremerrts may result in termination of the appoirrtment. REVISED June 2011 THANK YOU FOR YOUR INTEREST AND TIME Education Joseph U. Perez Northeastern State UniversiTy Bachelors of Arts in Political Science Emphasis: Public Administration Tahlequah, OK Conferred: May 2009 Related Coursework: Public Personnel Administration, Public Finance and Budgeting, Administrative Theory and Behavior, Public Policy Analysis, Administrative Law, Organizational Communication, The UniversiTy of Oklahoma Masters of Public Administration Emphasis: Public Finance and Budgeting Norman, OK Conferred: Summer 2011 Related Coursework: Intro to Administrative Data, Human Resource Administration Bureaucracy and Politics, Leading Public Organizations, Program Evaluation, , Urban Management, State Public Policy Issues, Agenda Setting, State and Local Public Finance, Public Finance and Budgeting, Public Finance, Grant Writing Experience City ofThe Colony The Colony, TX City Manager's Office April 2012- Present Management Analyst ® Responsible for performing a variety of analytical, administrative and operational responsibilities in support of the City Managers Office as well as coordinating special programs as assigned, Community Image Department November 2010-April 2012 Community Image Officer ® Visually and physically inspect commercial properties within the city to ensure compliance with state and local codes and ordinances governing property maintenance, Volunteer Assistance Program Responsible for initiating and maintaining the Volunteer Assistance Program which is designed to aid citizens of The Colony who are unable to comply with city property maintenance codes because of financial, disability, or other hardship, Joseph G. Perez City of Claremore Development Services Department Assistant City Planner Interpretation and Administration of: ♦ Zoning Code ♦ Land Development Code 4 Subdivision Regulations ® International Property Maintenance Code Claremore, OK June 2009-Noveinber 2010 Commissions and Boards ♦ Provided written analysis and recommendations to the Planning Commission and Board of Adjustment on items regarding: Rezoning, Lots -splits, Variances and Special Exceptions. Multi -hazard 1Vlitigation Plan ♦ Coordinated with the State of Oklahoma Emergency Management office to update the City of Claremore's MNMP per Federal guidelines. Neighborhood Stabilization Program Grant ♦ Coordinated with various non-profit organizations and grant participants to administer the Federally funded NSP grant for the City of Claremore aimed at revitalizing neighborhoods plagued with blighted, dilapidated and foreclosed homes. The grant monies were utilized primarily for demolition, however, rehabilitation and acquisitions of properties was a primary focus of the grant as well. City Manager's Office June 2007- June 2009 City Management Intern ♦ Addressed citizens concerns and complaints in a timely manner ® Worked on special projects assigned by the City Manager and City Council ® City Managers Association of Oklahoma Scholaa•ship ® Phi Sigma Alpha National Political Science Honor Society ♦ ICMA Emerging Leaders Program Class of 2010 Joseph (i. Perez References Austin Hamilton Operator CF Industries 20804 Riverbend Drive Claremore, OK 74018 austin.l .hamilton angmail.com 918-5494345 Dr. Amy Aldridge Sanford Assistant Professor of Communication Studies Northeastern State University 500 North Grand Avenue Tahlequah, OK 74464 ADRIGACa)nsuok.edu 918444-3608 Senator Sean Burrage District 2 Oklahoma State Senate State Capitol Building 2300 N Lincoln Gene Edwards Conunissioner Tulsa Metropolitan Planning Commission Williams Tower II Two West 2°a Street, Suite 800 Tulsa, OK-74013 918-584-7526 Cluis Pamplin Building Inspector City of Flowermound, TX 4136 Newton The Colony, TX 75056 cpamlin@thecolonytx.gov 469-525-7394 SUE ROS50N TEJML EDUCATION: University of Texas at Austin (B.A. History) Texas A&M University at Kingsville (M.A. History) Rice University (full scholarship for PhD history, lack dissertation for degree) NYU Law School (2 years), University of Houston Law School (LL.B.) MAYOR: Town of Conner Canyon for 8 years; re-elected unopposed 5`h term 2013-2015 Argyle Volunteer Fire District Board (Served 8 years, 2005 to present) Denton County Emergency Services District #1 Our small town's dilemma was inability to adequately fund emergency services. The Founding Committee's task was to educate residents on the benefits of an ESD. The ESD would collectively provide fire and emergency medical services to the towns of Argyle, Bartonville, Copper Canyon, Corral City, Northlake, and FWSD # 5 and #7 in Lantana. But a specific property tax would be needed to fund it. ESD#1 was created in 2006 by a 62% positive vote in a district -wide election. Neighborhood Watch and Crime Prevention Copper Canyon does not have a police department. Resident Block Captains were recruited for each street in town. The Town Council contracted to pay for two Sheriff's Deputies dedicated to Copper Canyon for 80 hours per week. On every shift the Deputy patrols each street in Copper Canyon at least once and sometimes twice. The result has been a virtually crime free community for the past six years. Drafting Committee: "Best Practices for Municipalities and Gas Pipelines" (Adopted 2010 by most cities and pipeline corporations with gas pipeline operations in Denton County.) This was a collaborative effort of Mayors, Denton County Commissioners and the Texas Pipeline Association. The goal was to expedite pipeline construction, but with a minimal impact on landowners, local businesses, and future development plans of each city. Initiated Annual Denton County Manors Crime Luncheon (2012-2013) The goal was to coordinate information on area crime between the Mayors, their Police Chiefs, the Denton County Sheriff's Office, the Commissioners Court, our Texas Legislature representatives, and our US Congressman. LEGAL: Solo Attorney 15 years (General Civil Practice - municipal, family law, oil &gas) Matagorda County Bar Association -President State Bar of Texas State - CLE Committee, District 5 Admissions Texas Bar Foundation - Life Member Denton Bar Association FAMILY LAW: Board Certified Family Law (for 10 years) Texas Supreme Court Committee on Child Support Guidelines Texas Supreme Court Committee on Child Visitation Guidelines MUNICIPAL: City Attorney of Bay City, Texas (for 6 years; population approx. 20,000) Municipal Prosecutor & Legal Advisor to Bay City Police Department Bay City Charter Commission (elected public office, elected Co -Chairman) Texas City Attorneys Association VOLUNTEER: CASA of Denton County (2003-2005) (Volunteer as a Court appointed Special Advocate for abused children) HUG Romania — Volunteer in a Romanian orphanage for 3 weeks EISENHOWER "People to People" Ambassador — Texas guest of China's Dept. of Justice for one month with 50 USA women attorneys and judges. Bert Witherspoon ective Seeking a responsible and challenging position in a growth oriented, progressive hospital environment where my experience and strong communication and leadership skills will significantly contribute to the overall success of the organization and provide opportunities for my successful career growth. erience April 2011-Present Sacred Cross EMS, Inc. Operations/Sales Manager Denton, Texas • Oversee day-to-day operations, business development, logistics, and planning • Lessened pressure on ownership by providing an improved organizational structure and pursuing effective leadership and management styles, with proven results ■ Surpassed previous call volume, including a new record in January 2013, and secured contracts previously thought of as unattainable • Mitigate escalated issues to a point of resolution from facilities, clients, and employees Nov. 2001 —Present Denton Fire/Rescue Denton, Texas Firefighter/ Paramedic/FTO ■ Function as a member of a crew, as well as an individual provider of EMS and Fire Suppression duties ■ Precept new Paramedics, Instruct classes, actively participate in Quality Control/Improvement process ■ Respond to 911 emergency requests for service with multiple certifications and extensive training Jan. 2006 — April 2010 I DO WINDOWS, Inc. Krum, Texas Owner/President/CEO ■ Created and built this company from the ground -up as a fledgling small personal business ■ Provided direction for sales, growth, operations, and management of entire organization ■ Ensured completion of residential and commercial account professional cleaning service Sept. 2002 —Dec. 2007 North Central Texas College Adjunct Professor of EMS (Allied Health Dept.) • Instructed students in EMS, including new EMT, Paramedic, and Nursing students • Assisted in precepting local and national examinations for didactic and skills knowledge • Improved overall passing rates and promoted growth within the department Corinth, Texas Education Aug. 2002 — Dec. 2005 North Central Texas College Corinth, Texas Associate of Applied Science • Paramedicine Currently Enrolled Texas Woman's University Denton, Texas Bachelors of Applied Science ■ Healthcare Studies (anticipated date of completion December 2015) References References are available upon request. Professional Organizations • Krum City Council Councilmember Place 3 since May 2010 • Denton Fire Fighters Association (member since 2001, previous station steward) • Denton Professional Firefighters Committee For Responsible Government (member since 2003, previous Vice President) • North Texas State Fair and Rodeo Committee Member (since 2008) • Member Texas State Fire Fighters Association • Member International Fire Fighters Association • Former Member First Baptist Church of Denton Youth Leader Bert Witherspoon -Resume COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: August 5, 2013 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS Consider, Discuss and Possibly Approve Rejecting all Bids for the Belz Road Extension Project. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED [:]NON -BUDGETED FISCAL YEAR, PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ S. Special ❑ $ BACKGROUND/SUMMARY OF ITEM All bids received came in significantly higher than the $1,000,000 allotted by Denton County for the project. Including construction and engineering puts the cost of the project over $1,500,000. I have discussed it with the property owner's representative and they are not willing to participate financially. I have left several phone messages and emails with the Denton Terminal representative, none of which have been returned. The property owner's representative believes that deal has fallen through. STAFF OPTIONS & RECOMMENDATION Staff recommends all bids be rejected and the project placed on hold at this time. List of Supporting Documents: • Bid opening summary • Belz Road bid tabulation Prior Action/Review by Council, Boards, Commissions or Other Agencies: M c ro_ AL�IPA - L\1 it Lei �Yv M F Lit o m ^� O 00 O O O O O O O O O 0 0 o o 0 0 0 0 O O O O 0 0 0 0 0 0 0 O O N too N 0 0 M 0 0 0 I� O O O O N N � r 6 6 6 6 6 6 0 0 0 O O nn O� O � O O 6 m O N V w C N M O V M a M r N N M m O o N N r V O M O t0 COD O M .- rw w '.i N Q m M a � V � m O to O lA .- m �w O N' O O N OMi N N _ w m n w CJ .- - . O l0 - (AI w ' V tN - - to m t� N m M N M N M M (A (A p V N V w w ww cr' www w w w w in fA E 12 w w .-wwww a w w O O O O O O O O 0 00 0 0 0 0 0 00 00 0 00 00 N N N O O o O O O 11 00 II 10 0 0 0 0 0 0 N O N N O a 01 F o N b3 fA Ni Vf top M N V f0 n W m O N O V' fA (A 1A w 0 0 Ip w 0 O O w t0 w w w w w w w (Al, M w O w w O O N m w w0 IU. 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I. •� � 1 1 ,r y � 0 m m U = y U co- U In U m U Q U w a + + + + m N m N� U 41 Q Q Q Q vE N N N m o E E ¢ E E v a v m m m m m Q Q an d H v v m 3 3 B 49 m m m m m m F0- F0- F F- I-O F F0- in10 F 10 F0- F- REVENUE- GENERAL FUND Taxes Franchise Fees License & Permits Fire & Ambulance Fines & Forfeitures Other Solid Waste TOTAL REVENUE CITY OF SANGER, TEXAS GENERAL FUND REVENUE & EXPENDITURES JUNE 30, 2013 YTD OVER BUDGET ACTUAL BUDGET (UNDER)BUDGET 2,1913436 2,418,500 (2277064) 388,943 582,600 (193,657) 88,740 86,210 2,530 379,058 466,500 (87,442) 131,657 2482112 (116,455) 135,730 162,300 (26,570) 506,435 652,000 (145,565) 31821,999 4,616,222 (794,223) ACTUAL%OF BUDGETED REVENUE 83% YTD (OVER) BUDGET EXPENDITURES - GENERAL FUND ACTUAL BUDGET UNDER BUDGET Administration 3643692 544,026 179,334 Police & Animal Control 995,986 11366,591 370,605 Fire & Ambulance 503,808 920,110 416,302 Municipal Court 136,619 211,793 75,174 Development Services 168,677 239,169 70,492 Streets 249,499 339,993 907494 Parks & Recreation 3553378 578,593 223,215 Library 170,665 197,142 26,477 Solid Waste 450,744 560,000 109,256 TOTAL EXPENDITURES 31396,068 41957,417 11561,349 REVENUE OVER (UNDER) EXPENDITURES 425,931 (341,195) 767,126 OTHER FINANCING SOURCES (USES) Transfer from 4A 20,500 (20,500) Transfer from 4B 20,500 (202500) Transfer from Debt Service 110,000 (110,000) Transfer from Enterprise Fund 100,000 200,000 (100,000) .CHANGE IN FUND BALANCE 5252931 91805 516,126 FUND BALANCE -BOY 764,704 764,704 - FUNDBALANCE -EOY 1,290,635 774509 516,126 ACTUAL % OF BUDGETED EXPENDITURES 69% ®Actual GENERAL FUND REVENUE BUDGET AND ACTUAL ® Budget $2,500,000 $2,000,000 $1,500*000 ` $110001000 S $500,000 -- AV $- Taxes Franchise Fees License 8, Permits Fire & Ambulance I Fines & Forfeitures Other Solid Waste 91% 67% 1031 811 531 84% 761 EXPECTED % OF BUDGETED REVENUE 75% EXPECTED % OF BUDGETED EXPENDITURES 75% REVENUE - ENTERPRISE FUND Water Wastewater Tap Fees Electric Interest Miscellaneous TOTAL REVENUE ACTUAL % OF BUDGETED REVENUE EXPENDITURES -ENTERPRISE FUND Administration Water Wastewater Electric Debt Service TOTAL EXPENDITURES REVENUE OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Transfers to General Fund Transfers to Capital Project Fund Transfers to Cap Proj - WW Transfers to Storm Recovery Fund Total Transfers CHANGE IN FUND BALANCE FUND BALANCE- BOY FUND BALANCE - EOY CITY OF SANGER, 1 S ENTERPRISE FUND REVENUE & EXPENDITURES JUNE 30, 2013 OVER BUDGET YTO ACTUAL BUDGET (UNDER) BUDGET 837,798 17290,119 (452,321) 750,790 11118,323 (367,533) 383,550 160,000 223,550 51002,479 7,9471500 (21945,021) 12,098 29,000 (16,902) 239,697 51,500 1887197 712263412 1075960442 (313707030) (OVER) BUDGET YTD ACTUAL BUDGET UNDER BUDGET 606,119 846,730 240,611 821,194 1 t007,383 186,189 399,710 646,021 246,311 43306,637 6,4123483 2,1051846 340,115 7813675 441,560 61473,775 91694,292 312203517 ACTUAL % OF BUDGETED EXPENDITURES 752,637 902,150 (149,513) (100,000) (200,000) 100,000 (388,497) (638,497) 250,000 (75,003) (1117832) 36,829 (100,050) (154,000) 53,950 (663,550) (1,104,329) 440,779 89,087 (202,179) 291,266 55906,752 51906,752 - 5,995,839 5,704,573 291,266 67% ENTERPRISE FUND REVENUE BUDGET AND ACTUAL ®Acruu ®Buoc $8,000,000 $7,000,000 $61000,000 $5,0009000 $4,000,000 $3,000,000 $2,000,000 $1,0009000 $- Water' Wastewater � Tap Fees � Electric Interest Miscellaneous 65 % 67 % 240 % 63 % 42% 465% EXPECTED % OF BUDGETED REVENUE 75% ENTERPRISE FUND EXPENDITURES Actual BUDGET AND ACTUAL is Budget $6,000 000 � , $5,000 000 vie %11 11 Iv, $4,000,000 Iv vi $3,000,000 $2,0007000 $1,000,000 $ Administration Water Wastewater Electric Debt service 72% 82 % 62 % I 67% 44 EXPECTED % OF BUDGETED EXPENDITURES 75% CITY OF SANGER, TEXAS GENERAL CIP FUND REVENUE & EXPENDITURES JUNE 30, 2013 (Beginning Fund Balance Revenues Interest Income Denton County Interlocal - Belz Road Transfer from Enterprise Fund - Keaton & 5th Sidewalks Transfer from 4B for Downtown Brick Sidewalks Tranfer from Enterprise Fund - Bond Reserves Total Revenues Expenditures 4B Sports Complex Drainage - 4th & Sims Keaton & 5th Sidewalks Freese Reconstruction & Sidewalk Belz Extension - East of 135 Brick Sidewalk - Downtown Park Transfer to Enterprise Fund-WW Capital Reserve Total Expenditures Ending Fund Balance Non Cash Adjustments to Fund Balance Denton County Interlocal Accounts Payable Ending Cash and Invesments Encumbrances Prior Month Current Month $ 224,097 $ 224,097 335 335 102,100 102,100 25,000 257000 4,500 4,500 363,497 363,497 5,714 5,714 34,600 34,600 51,755 51,755 715 715 55,500 79,100 41300 41300 206,507 206,507 359,091 382,691 360,438 (102,100) (102,100) 6,192 - 264,530 234,738 106,510 100,410 CITY OF SANGER, TEXAS CASH AND INVESTMENTS JUNE 30, 2013 ENTERPRISE DEBT SERVICE CASH AND INVESTMENTS GENERAL FUND FUND FUND Unrestricted: Cash for Operations $ Investments for Operations 1 Capital Protects (asifal')mprovemerits ;� Restricted: Debt service Water Deposits Equipment Replacement Hotel Occupancy Tax Library Keep Sanger Beautiful (KSB) Court Security Court Technology One Plus Donations' CAPITAL PROJECTS FUND TOTAL 308,785 $ 1,549,981 $ 351,270 $ 660,558 650,917 21182,967 11175,433 303,681 334,592 160,791 42,233 13,174 67,311 4,685 4,365 3,622 277 234,738 $ 2,408,598 11311,475 2,182,967 1,479,114 334,592 203,024 13,174 67,311 4,685 4,365 3,622 277 TOTAL CASH AND INVESTMENTS $ 1,223,291 $ 5,936,400 $ 654,951 $ 234,738 $ 8,013,204 General Fund Cash and Investments June 30, 2013 Balance Name Acct. # Maturity Yield* Prior Month End of Month Restricted Pooled Cash 001-00-1000 0.05% $ 267,999 $ 308,738 Employee Benefits Fund 110-00-1000 0.20% 43 47 OPERATING ACCOUNTS $ 268,042 $ 308,785 GF Contingency Reserve MM 2487969 001-00-1031 0,20% $ 2017596 $ 251,630 GF Contingency Reserve CD Prosperity 001-00-1039 4/26/2014 0035% 204,139 204,140 GF Continqency Reserve CD 642606 001-00-1043 7/13/2013 0.40% 204,719 2041788 CONTINGENCY RESERVE $ 6107454 $ 660,558 GF Equipment Replacement MM 2376237 001-00-1032 0,20% $ 98,343 $ 98,784 Y GF Equipment Replacement CD 719706 001-00-1033 7/6/2013 0,80% 61,965 625007 Y EQUIPMENT REPLACEMENT RESERVES $ 160,308 $ 160,791 Hotel Occupancy Tax 050-00-1000 0.05% $ 137174 $ 13,174 Y Library Building Expansion CD 702994 001-00-1035 1/22/2014 0.40% 50,123 503140 Y Library Restricted Fund Balance for Building Expansion 165838 17,171 Y Beautification Board Restricted Fund Balance - KSB 41763 41685 Y Court Security Restricted Fund Balance 47284 41365 Y Court Technology Restricted Fund Balance 31495 31622 Y OTHER $ 92,677 $ 937157 TOTAL CASH AND INVESTMENTS $ 1,131,481 $ -' 1,223,291 TOTAL UNRESTRICTED $ 878,496 $ 969,343 Enterprise Fund Cash and Investments June 30, 2013 Name Acct. # Maturity Yield Prior Balance Month End of Month Restricted Pooled Cash 008-00-1010 0,05% $ 1,630,964 $ 1,54%981 OPERATING ACCOUNTS $ 11630,964 $ 11549,981 Pooled Cash Water Deposit CD 2375850 008-00-1010 008-00-1041 1/3/2014 0,05% 0,60% $ 106,892 228,174 $ 106A18 228,174 Y Y WATER DEPOSIT REFUND ACCOUNT $ 335,066 $ 334,592 Sewer Capital Improvements MM-10% Rev Sewer Capital Reserve MM 2380226 Sewer Capital Reserve CD 642584 008-00-1020 008-00-1038 00&00-1044 7/23/2013 0,20% 0.20% 0.25% $ 272,282 513,501 278,823 $ 281,640 537,586 278,882 Y Y SEWER CAPITAL RESERVE -TAP FEES $ 11064,606 $ 1,098,108 Water Capital Reserve MM 2376156 Water Capital Reserve CD 459844 008-00-1037 008-00-1043 7/3/2013 0,20% 0,35% $ 424,894 641,895 $ 442,964 641,895 Y Y WATER CAPITAL RESERVE - TAP FEES $ 1#066,789 $ 1,0841859 Combined EF Debt Service MM 2376113 008-00-1039 0,20% 1,110,065 11175,433 Y BOND FUND RESERVES $ 121101065 $ 11175,433 EF Contingency Reserve MM 2809753 EF Contingency Reserve CD 737860 EF Reserve CD 642541 EF Contingency Reserve CD 459739 EF Storm Recovery MM- 2% Electric Rev 008-00-1012 008-00-1014 008-00-1040 008-00-1047 008-00-1033 2/14/2014 3/25/2014 1/3/2014 0,20% 4,00% 0.25% 0,05% 0,20% $ 75,592 306,051 102,868 16,212 869052 $ 1259606 306,155 102A90 16,212 100,054 CONTINGENCY RESERVES $ 586,775 $ 660,917 EF Equipment Replacement MM 2376202 One Plus Pooled Cash 008-00-1034 008-00-2605 0.20% 0,05% $ 41,869 273 $ 42,233 277 Y Y OTHER' $ 42,142 $ 42,5104 TOTAL CASH AND INVESTMENTS $ 518362407 $ 5,936,400 TOTAL UNRESTRICTED $ 21217,739 $ 2,200,898 4A FUND Cash and Investments June 30, 2013 Balance Name Acct. # Maturity Yield Prior Month End of Month Restricted >led Cash 41-00-1000 0,05% $ 195,639 $ 28,181 Y ;h NOW 900020693 Prosperity 41-00-1010 91501 206,590 Y MM 902551273 Prosperity 41-00-1012 0,20% 764,621 464,753 Y Eger TX Ind Corp CD 486639 41-00-1013 10/2/2013 0,20% 93,546 939546 Y 46 FUND Cash and Investments June 30, 2013 Balance Name Acct. # Maturity Yield Prior Month End of Month Restricted Pooled Cash 42-00-1000 0,05% $ 26,258 $ 54,439 Y Cash MM 2379694 42-00-1010 0.05% 325,622 325,635 Y 4B CD 653500 42-00-1013 4/3/2014 0,40% 21,324 21,324 Y 4B CD 659924 42-00-1014 5/12/2014 0,40% 21,078 21,085 Y 4B CD 664243 42-00-1015 6/5/2014 0,40% 21,156 21,173 Y 4B CD 673277 42-00-1016 7/9/2013 0.80% 21,102 21,116 Y 4B CD 686115 42-00-1017 8/14/2013 0.60% 21,056 21,067 Y 4B CD 689521 42-00-1018 9/11/2013 0.60% 21,072 20,983 Y 4B CD 694371 42-00-1019 10/14/2013 0,70% 21,026 21,039 Y 4B CD 697230 42-00-1020 11/17/2013 0,60% 21,148 21,158 Y 4B CD 699934 42-00-1021 12/18/2013 0,50% 21,079 21,088 Y 4B CD 702285 42-00-1022 1/13/2014 0.50% 20,892 207900 Y 4B CD 706078 42-00-1023 2/19/2014 0,40% 20,815 20,822 Y 4B CD 720097 42-00-1024 1/9/2014 0.40% 209582 20,592 Y 4B CD 720119 42-00-1025 11/9/2013 0,40% 209609 20,616 Y TOTAL CASH AND INVESTMENTS` $ 6241819 $ 6539037' Name Pooled Cash DSF Money Market 2376105 � n EBT SERVICE 1 ash • • Investments June 1 2013 Acct. # Matu 003-00-1000 003-00-1010 Balance Yield Prior Month End of Month 0.05% $ 3512270 $ 355,358 0.20% 303,681 303,731 Cash • Investments une 1 2013 Restricted Y Y Balance Name Acct. # Maturity Yield Prior Month End of Month Restricted Pooled Cash 004-00-1000 0,05% $ 2472030 $ 234,738 Y F- 0, M w `- wN (D F" o Z Z M w 5 z a U) D O w -' Z U ca U X ,� .�. a LL a) c o U _C 0 E m p p O (0 C Q"C N L O N 0) r m C U p M U O n3 M C a) O O C to O U C v O@ C N C CO a) U O (0 O O O N � Q) N o C� O • D O O N a O N O n3 O O a) m T U to U p- C a U N O C a) 41 p O U C C N C m a) C N _� N Lo O a) E �Oca a)C a) Co O O U m = U T O O N 0 0N c6 N N C O cr X U N N Q U d c0 a) c'-o o z U c o �I— o cn O ODUY C: -o c6 m c y m 3 ca c U Co° U U c U _a) M m o m a U O U T Q E ._ OU a U n3 in p O U ojc: wy C: a) c E E= U a o L co i C C co N LL o) U •YCo _ p>; O (6 Lo •� C p N U [1 > U Q O L a) fl N+ p p U C LL L a) () .0 a) U p = c �o U o o U o c °' a� c > L ca c a) Q a o c o a)is UL U L in ca c o c o c> N c t U Q) p > a) > a) Co O U O ` > T C L C 7 U C C U U U U Q) (6 O C 0� L U -C a) C O C cn N U M C U (6 p U U _ _ U pU U m 0 s j U . 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Smiland Sanger Public Library Friendship bracelets, usu ally woven out of embroi- dery thread or yarn and giv- en by one person to another as a sign of friendship, are an ancient tradition from Central and South Ameri- ca. They became popular in the United States in the 1970's, when Guatemalan protesters were shown on TV here. Patterns range from simple to complex, but the appeal seems to be universal, especially for tweens and teens. Saturday, June 22nd from 2-5, Sanger Public Library will host "Making Friend- ship Bracelets." The class is free and all supplies will be provided. Two different patterns will be taught by li- brary staff, and participants will be given the supplies for two bracelets of any kind. Join the library to break up that summer boredom with a craft you can do with or for your best friends! To reserve a spot in this free class, just call the library at 940-458-3257, tell us on Facebook, come by 501 Bo- livar on the square, or go to our new website, www, sangerlibrary.org. We need to have an accurate head count to ensure we have enough handouts and em- broidery thread. From Page lA Cockrell�,�__�/�_1 ±3-- the Ed Wallace "Wheels" radio prograrn from 8 a.m. to 1 p.m. at the Kwik Kar Denton east loca- tion, 3507 E. University Drive. Other RAK Kar locations are: Denton north, 2303 W. University Drive; Denton south, 2z33 Colorado Blvd.; and Palo - ma Creek, 26731 U.S. Highway 380 East. DASF supporters who may not need an oil change can make a donation Saturday at one of the four Kwik Kar locations, a spokeswoman for the company said, Friendly pets are welcome at Kwik Kar, and dog and cat treats are available. Established in 1995 aril lo- cally owned and operated by Marta and Frank Dudowicz, Kwik Kar Denton serves the Denton and Aubrey communi- ties for oil changes and most other vehicle maintenance rued repair needs, the press release stated. For more. information vis- itwtivw.ltwilckarm denton.co. Library to host class on making friendship bracelets The Sanger Public Library will host a class on slaking friendship bracelets for teens all,l tureens from 2 to,-� pill. sat- urc ay, according t?) an an - uncement fiom the library. no Me class is free. 'Iivo differ- ent patterns for bracelets will be taught by library staff members, and all participants will be given the supplies needed to make two bracelets. Friendship bracelets, usually woven out of embroidery thread or yarn, are a tradition fi•om Central and South America, ac- cording to the press release. The bracelets first became popular in the United States in the 1970s, the press release stated, The library is located at 501 Bolivar St. in Sanger. Reserva- tions are needed to ensure ade- quate handouts. Sangber Public Libmry Book Review � "�l� / �3 "Fever" By Lytnie S. Smiland Ever heard the expression "Typhoid Mary" and won- dered about it? A new his- torical fiction book tells the fascinating story of Mary Mallon, who did not appar- ently ever have typhoid fever but carried the germs and passed them along to those she cooked for. "Fever", by Mary Beth Keane, is a vivid portrayal of early 20th century New York, and the difficulties immigrants and lower class- es faced. The poor had few options, but a cook was re- spected and better paid than most who served the wealthy and Irish• immi grant Mary had talent and determination. Her services were sought after and she was doing well until sud denly a "medical engineer" from the Board of Health confronted her and put her in quarantine. Could his outlandish story, that her superb cooking was making people ill and even killing them, be true? Even if it was true, was it fair to be exiled to a small island for 3 years? Other asymptomatic carriers of typhoid were Found, and not subjected to such treatment. Was it be cause Irish Catholics were the most despised ethnic group in New York at that time? Or maybe because Mary, at first anyway, did not see how his claims could be true and stood up for her rights to be free? Historical fiction it is, but this book is so much more. The time and location give a setting with great energy and beginning social chang es, as well as events like the Triangle Shirtwaist Factory fire and the sinking of the Titanic. It is also a medi- cal detective story, at a time when so much was being learned about disease. It just didn't make sense that a healthy person could give a deadly disease to some- one by cooking their dinner. And it is a book of passion- Mary's passion for cook- ing and for standing up for herself, and her relationship with her long-time compan- ion, and the fervor of Dr. Soper, the medical engineer, to prevent Mary from hav- ing any chance to pass along t<<phold to another person. Now mailable at Sanger Public Library, "Fever" is a book that many will enjoy. It reads almost like a thriller. and it is easy to get caught up in the story of this fiercely independent woman trvicig to live her own life. It would also make a great book club book, because there are so many issues raised that could be discussed. To put a Bold on "Fever", just email us at libraryclerk(a, sgertexas.org call 940- 458-325)7, message us on Facebook, or come by 501 Bolivar St., on the square.