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05/20/2013-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, MAY 209 2013 7*00 PM 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Consider, Discuss and Approve Ordinance #05-OS-13 -Canvassing the Results of Votes for the Purpose of Electing Candidates to the Office of City Council of the City of Sanger, Texas, for the General Election Held on May 11, 2013, Declaring the Results of That Election and Providing for an Effective Date. 3. Elect Mayor Pro-Tem. 4. 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 5. a) Approval of Minutes: May 6, 2013 - Council b) Disbursements 6. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 7. Conduct Second Public Hearing Regarding Possible Annexation of Properties Located South of FM 455 and West of FM 2164. 8. Consider, Discuss and Possibly Act on Approving the Award of Contract to Alan Plummer Associates for Evaluation of the Existing Wastewater Plant. 9. Consider, Discuss and Possibly Act on Approving a Development Agreement in Lieu of Annexation With Lake Ray Roberts Dry Boat Storage, Inc., for the Property Legally Described as Track 52A of the J. Morton Survey, 6.0 Acres, Located at 611 FM 455. 10. EXECUTIVE SESSION: CLOSED MEETING `Pursuant to the Open Meetings Act, Chapter 551, the City Council. will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.072 - Deliberation Regarding Real Property - (Discuss Purchasing Denton County Building Located at 5th and Bolivar). 11. RECONVENE: OPEN MEETING Any Action Taken. 1I Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: �/� / � Z. 2 0 3 at 2: � g.vi. and shall remain posted until meeting is �djourried. This facility is wheelchair accessible and accessible parking spaces are accommodations or interpretive services must be made 48 hours prior contact the City Secretary's office at (940) 458-7930 for further information. available . Requests for to this meeting. Please From: Paula Paschal[Paula,Paschal@dentoncounty.com] Sent. Tuesday, May 14, 2013 4:44 PM To: Tami Taber (ttaber@sangertexas.org) Subject. Cumulative and Canvass Reports Attachments. sanger - canvass.pdf; sanger - cumulative.pdf Follow Up Flag: Follow up Flag Status. Flagged Attached are the cumulative and canvass reports for your election. These are unofficial results until your governing body canvasses the results. After everyone has canvassed, I'll send your "official results" for your records. Let us know if you have any questions. Thanks, Paula Paula J. Paschal Contract Manager Denton County Elections 701 Kimberly Drive, Suite A101 Denton, TX 76208 940.349,3206 voice 940.349.5369 fax www.elections.dentoncountV.com 1 0 oI W � 0 J (D CJi J 0 0 N W NOMMINIR 1111110 cr m a nm� d = CD N O 7 . N W N n W d M O m c, 2) m v - N O N O ca n v O U O p� V <m to 0 N N N EnN Q C n O m � O Billy Ezell Totals n (D � n 7 (� fD O _ W � N O ,P N O � II 11 p � i N O O W O O � ORDINANCE # 05-0543 AN ORDINANCE CANVASSING THE RESULTS OF A GENERAL ELECTION HELD FOR THE PURPOSE OF ELECTING CANDIDATES TO THE OFFICE OF CITY COUNCIL IN THE CITY OF SANGER, TEXAS, FOR AN ELECTION HAVING BEEN HELD ON MAY 119 20139 DECLARING THE RESULTS OF THAT ELECTION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 20th day of May 2013, at a meeting of the City Council of the City of Sanger, Texas, the City Council canvassed the results of an election held on the 1 lth day of May 2013, for the purpose of electing candidates to the office of City Council, such election having been July ordered by the Mayor and City Council, under the authority of the Constitution and the laws of this State; and WIIEREAS, the City Council of the City of Sanger, Texas, has determined that the election officials of the voting district of the City, have in compliance with the law in such cases made and provided returns to the City Council in the time and manner required, and the City Council, having canvassed the votes does find that the total number of ballots cast and that the total number of votes cast for each candidate is as follows: NAMES OF CANDIDATES Billy Ezell, Place 1 Russell Martin, Place 3 Rick Daniel, Place 3 Scott Stephens, Place 5 55 Gam] NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the election, having been duly called, and that notice of the election was given in accordance with the law, and the following persons were elected to the following positions: Billy Ezell, Place l Russell Martin, Place 3 Scott Stephens, Place 5 45240 SECTION 2. That this ordinance shall become effective immediately upon and after its passage and approval. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on the 20th day of May 20l 3. APPROVED: THOMAS MUIR, MAYOR ATTEST: TAMI TABER, CITY SECRETARY asaao 0 0l CAn A N N -+ N � J 0 0 �9 W (7 N N = fD (n O 3 K N CD N N O � ml � W � o O N 3 N+ Russell Martin A ? Rick Daniel W A Totals A N N o0 WWI C mmml O 307 CD Z C o 3 CD CD En / C \ O O CD (D U) v Ul O O O W O W '^ CO W A A II � N W O O O II o � v z ommi °, Z n C CD O Z 0 Z ( C IN) C N W 0tD %� 4U I p w � C r-+ m_ O O O, m � I N n tD C O mah 0. O _. W — N � �' CD n 7 n (D � (7 3 n CD O O N O N Cr W II II p � � N O O W O '0 O 0 0 N O O O � (An A N N N V (O tr V 0 0 a w '0 (DD Cf 0 Cf D W n D) = m N O fN N CD n c d M O N m W m Doi pl m o o (7 N n rn D ^z YI rn --I D 1^ I 0 n as N '0 n cD n (D � 7 f7 CD � O O d) CTI N O � N C3t W II II O � � N O O W O O � C O (� m f°c ai O O O �CD N N N O O o o O o 0 0 0 O O (D O N V O N (OT O CWT1 0 0 0 (11 O (Ii (NT O (V7 O O 0 0 0 cn (11 O (Ii (NT O (V7 O O 0 0 0 cn 0 0 0 cn o � ; r Cn e (D 1 c N < 0 0 0 0 O n fD m N_ O O O N N N 0 O o 0 o O o 00 0 O O o 00 0 C (T O W 60i O A 0 0 0 O O O O O O O O O O 0 0 0 o m ! N = f 7 N N i O o 0 0 CC CC 00 � W � O N 00 O O 0 0 U) COn O O O O 0 0 C fD tD N < < < O O O m N N N O o 0 00 0 0 0 0 0 0 0 00 '0 O O O O O 0 0 0 m O A O O O O O O O O O 0 0 0 0 0 0 0 0 V c o o d (D Z o 3 0 m o rt 1 < O_ O (D CD (n (n V CTt O O O () W O a -OP A a ) II W � N O O II oo � W O ' � v m z -1 00 0V d O O O O O CoCoo V N N O V O O Iv O A O cn 0o U, O ? O N O 0o O -+ O (O Am A O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 I� N 0 W to � n (Dn-. N N O 0 O � O N N � N O � O � O � N Ut W II II p � � N O O W O O MINUTES: CITY COUNCIL MEETING May 6, 2013 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Allen Chick OTHERS PRESENT: Mike Brice City Manager, Taint Taber City Secretary, Cheryl Davenport Finance Director, Ted Christensen, Joe Falls, Sam Alexander, Kelli Alexander, Jeff Henzler, Amber Goodman, Shane Morrow, Shane Hamrick, Seth Herold, Troy Goodman, Jean Smith, Lynn Prieskop, Chris Prock, Chad Spratt, Norm Bulaich, Chris Robinson, Susan Dawson, Brian and Gina Wicker 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:05 p.m. Councilman Bilyeu led the Invocation, followed by Councilman Martin leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Kelli Alexander of 3219 McReynolds Road, distributed copies of open records she received regarding the disposition of animals in 2012, and wants to know where the 24 missing dogs are. She suggested that All American Dogs take over Sanger's animal control services due to their concise recordkeeping and return rate. Chris Robinson and Susan Dawson with the Children's Advocacy Center of Denton County, thanked the City of Sanger and the police department for past support. The center's mission is to provide justice and healing for abused children. They service children from ages 1 to 17 years old and non -offending family members. CONSENT AGENDA 3. a) Approval of Minutes: April 1, 2013 -Work Session April 1, 2013 -Council Meeting b) Disbursements c) Approve Proclamation 44OS-06-13 -Motorcycle Safety Awareness Month d) Approve Resolution R05-0743 - Agreement Authorizing the City of Sanger to Provide Employees a 125 Cafeteria Plan With Keystone Flex Administrators Councilman Martin made a motion to approve consent agenda, pulling Item (c). Seconded by Councilman Ezell. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. c) Approve Proclamation #05-0643 -Motorcycle Safety Awareness Month Item (c) was moved and Mayor Muir read Proclamation 905-0643 and presented Snyder Rosenbaum of 10922 Metz Road, spoke and said that he recently was involved in a motorcycle accident and urged everyone to take a second look when driving. Councilman Bilyeu made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Ordinance 1105-04-13 - Approving Budget Amendments for Fiscal Year 2012-2013. Councilman Martin made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 6. Consider, Discuss and Possibly Approve the Expenditure of " $49500 in 4B Funds for Reconstruction of a Brick Sidewalk in the Downtown Park. 4B approved this at their April 1, 2013, meeting. Councilman Bilyeu made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 7. Consider, Discuss and Possibly Approve Advertising for Request for Proposals Regarding a Solid Waste Collection and Disposal Service Contract. Norm Bulaich with Progressive Waste Solutions (formerly called IESI) stated that they have been the City's provider for the past 15 years and wants to continue to service Sanger. Councilman Bilyeu made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 8. Conduct Public Hearing Regarding Possible Annexation of Properties Located South of FM 455 and West of FM 2104. Mayor Muir opened the Public Hearing at 7:30 p.m. Doug Vanderberg bought fifteen acres. next to the agriculture barn, had it rezoned, which took a year and a half and he is now concerned about having to go through the City of Sanger if annexed in order to develop his property. City Manager suggested that he meet with him and Joe Iliff about his concerns. Jean Smith, co-owner of Lake Ray Roberts Dry Boat Storage, had questions about signing a .development agreement with the City of Sanger. City Manager advised that as long as there weren't any new improvements or rezoning, it stays the same. Lynn Prieskop was concerned about having to pay taxes if the property was annexed. City Manager advised that nothing would change unless there was a trigger like improvements made or the ten years were up. Sam Alexander of 3219 McReynolds Road, questioned the purpose of bringing that section of land into Sanger to be annexed. Mayor Muir felt that it was the growth area of Sanger. Councilman Bilyeu stated that they needed to plan for the future and annex that area. Sam Alexander stated that he understands annexation, but feels that the City needs to take care of current problems that the City of Sanger has and was concerned with the fact of having to provide more services (fire and sewer) to more area when the City can't keep up now. Another concern was the area previously annexed on McReynolds Road which has major pot holes. Joe Falls, 4489 McReynolds Road, asked how much property would be annexed and also wanted to know if the property owners requested the annexation. City Manager advised that it was the City of Sanger that requested the annexation. City Manager advised there were four or five property owners. Gina Wicker of 9083 Cripple Creek, asked if the current utility providers would stay the same or change if annexed. Mayor Muir advised that they would stay the same. Mayor Muir closed the Public Hearing at 7:48 p.m. 9. Consider, Discuss and Possibly Approve Resolution ROS-08-13 -Approving an Amendment to the Loan Agreement by the Sanger Cultural Education Facilities Finance Corporation for the Benefit of St. Andrews Episcopal School and Related Matters. Councilman Stephens made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 10. Consider, Discuss and Possibly Approve Resolution R05-0943 - Authorizing Publication of Notice of Intention to Issue Certificates of Obligation in a Principal Amount not to Exceed $4,500,000 and Authorizing Certain Other Matters Relating Thereto. This item will be advertised twice and will go back to Council on June 17, 2013. Councilman Ezell made a motion to approve. carried unanimously. Seconded by Councilman Martin. Motion It was noted that the resolution page showed the number ROS-19-13 and it should be ROS- 09-13 as shown on the agenda. INFORMATION ITEMS: 2013-2014 Budget Calen 2 ar b) Financial and Investment Reports -March c) Library Report" March d) All American Dogs Report" March e) ATMOS Energy Rider GCR - Rate Filing Under Docket No. 10170 d Adjourn. Mayor Muir adjourned the meeting at 8:02 p.m. 5/08/2013 10:08 A14 REFUNDS CHECK REGISTER PACKET: 05777 US - Refund VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK VEN.. I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT .. 1 BURAS, GLENDA ' I-000201305085052 13URAS, GLENDA R 5/08/2013 166.38 053715 166.38 1 COCDELL, ELIZABETH I-000201305085051 COGDELL, ELIZABETH R 5/08/2013 5.77 053716 5.77 1 JACKSON, ROBERT I-000201305085056 JACKSON, ROBERT R 5/08/2013 23.42 053717 23.42 1 KELLY, MEGGAN I-000201305085050 KELLY, MEGGAN R 5/08/2013 185.78 053718 185.78 1 LEAP PROPERTY MANAGEMENT I-000201305085058 LEAP PROPERTY hANAGEMENT R 5/08/2013 144.41 053719 144.41 1 LGI H014ES I-000201305085059 LGI HOMES R 5/08/2013 138.64 053720 138.64 1 LGI HOMES I-000201305085061 LGI HOMES R 5/08/2013 198.01 053721 198.01 1 LGI HOMES I-000201305085062 LGI HOMES R 5/08/2013 220.18 053722 220.18 l LGI HOMES - QUAIL RUN, LLC I-000201305085060 LGI HOMES - QUAIL RUN, LLC R 5/08/2013 155.12 053723 155.12 1 OTWELL, ROGER I-000201305085054 OTWELL, ROGER R 5/08/2013 219.02 053724 219.02 I PREAS, DANNY € I-000201305085057 PREAS, DANNY R 5/08/2013 43.21 053725 43.21 t 1 RESTER, BRANDON I-000201305085053 RESTER, BRANDON R 5/08/2013 150.54 053726 150.54 1 TEAGUE, PHILLIP I-000201305085049 TEAGUE, PHILLIP R 5/08/2013 95.57 053727 95.57 1 WHITE, JOEL (: I-000201305085055 WHITE, JOEL R 5/08/2013 45.98 053728 45.98 ** B A N K T O T A L S ** NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAk CHECKS: 19 0.00 1,792.03 1,792.03 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE-91RITE 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: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 BANK TOTALS: 14 0.00 11792.03 11792.03 5/08/2013 10:05 AM A / P CHECK REGISTER PAGE: 1 PACKET: 05774 Regular Payments 5/8/13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VL. ,R NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 25070 ALL AMERICAN DOGS INC I-1047 APRIL SHELTER SERVICE R 5/08/2013 31600.000R 053672 31600,00 21370 AMSOIL, INC I-14822387RI GAS TREATMENT R 5/08/2013 332.51CR 053673 332.51 22620 ARAMARK UNIFORM SERVICE I-4/26/2013 UNIFORMS 2012-2013 R 5/08/2013 512.000R 053674 512.00 02460 AT&T MOBILITY I-03/23/13-4/22/13 PHONE 3/23/13-4/22/13 R 5/08/2023 754.05CR 053675 754.05 25610 AUSTIN LANE TECHNOLOGIES, INC I-2013050E MAINTAINANCE PLAN -TECH R 5/08/2013 3,545.00CR 053676 I-20130508A LABOR TO INSTALI, R 5/08/2013 3,911.25CR 053676 71456,25 13270 HOLZ, JAMES I-BOLZ 4/15-4/29/13 MILEAGE REIMB. 4/15-4/29 R 5/08/2013 55.94CR 053677 55.94 25690 BWI COMPANIES, INC I-11836534 SUMI4ERTI14E FERTILIZER R 5/08/2013 21246.46CR 053678 21246,46 20410 CARE N0:9 CORPORATE (( I-900345 STANDARD PANEL TEST R 5/08/2013 70.000R 053679 70.00 ( 12760 CINTAS, INC. I-492777050 UNIFORMS 10/1-9/30/13 R 5/08/2013 70.55CR 053680 I-492779993 UNIFORMS 10/1-9/30/13 R 5/08/2013 70.55CR 053680 I-492?82956 UNIFORMS 10/1-9/30/13 R 5/08/2013 70.55CR 053680 I-492VB5926 UNIFORMS 10/1-9/30/13 R 5/08/2013 70.55CR 053680 I-4927889,13 UNIFORMS 10/1.-9/30/13 R 5/08/2013 70.55CR 053680 352.75 j 0b..., CITY OF SANGER I-3/17/13-4/16/13 ELECTRIC 3/17-4/16/13 R 5/08/2013 361675.42CR 053681 36,675,42 25BOO CLI CONCRETE CONTRACTORS LLC I-254 6TH & BOLIVAR APPROACHES R 5/08/2013 91917.8OCR 053682 9,917.80 00800 COSERV ELECTRIC 1-4/30/9013 ELECTRIC 3/19-4/18/13 R 5/08/2013 1,997.02CR 053683 1,997.02 23620 COTE'S MECHANICAL I-CM2013310 ICE MACHINE RENTAL R 5/OB/2013 354.000R 053684 354.00 5/08/2013 10:05 A14 PACKET: 05774 Regular Payments 5/8/13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT b� JR NAME / I.U. DEST 25650 CRUSE PUMPING & BACKHOE SERVICE INC I-3/20/2013 PUMP LIFT STATION OOII90 DENTON PUBLISHING CO., INC A / P CHECK REGISTER T-I0103111II-04252013 LEGAL NOTICES I-I01031676-04182013 LEGAL NOTICES I-I01035765-04252013 LEGAL NOTICES I-I01035785-04252013 LEGAL NOTICES I-I01035991-04252013 PUBLISH WWTP PERMIT 17690 DOLLAR GENERAL - CHARGED SALES I-1000195417 CLEANING & BREAK R0014 25360 DUkDEtd, BRIAN I-758644 DURDEN 2013 REI14B QUALIFY AMMO 10910 FERGUSON ENTERPRISES, INC I-1739463 CLA14P -WATERLINE 18790 FUELP1Ab] I-NP37829155 VEHICLE FUEL 9/22-4/28/13 02610 HD SUPPLY POWER SOLUTIONS I-2251971-00 150[9 HPS HEAD ONLY GE 2 02 2 0 I NGRAAI I-71296751 BOOKS I-71443501 BOOKS I-VI576048 BOOKS I-71576049 BOOKS I-71637535 BOOKS 0_ ..J JA14ES WOOD AUTOPARK, INC. C-VCV1310504 TRANS COOLER & AIR DEFLEC I-TCCS999537 DIESEL ENGINE REPAIR I-VCCS994896 RESET COMPUTER & E85 I-VCCS995302 UPDATED PCM PROGRAMMING I-VCW310328 DOOR HANDLE & HOOD RELEAS I-VCW310367-1 FRONT & REAR BRAKE ROTORS I-VCV1310461 DIESEL FUEL RAIL PRESSURE I-VCW310483 TRANS COOLER & AIR DEFLEC I-VC6)310571 RADIATOR & HOSE I-VCV1310592-1 RADIATOR & HOSE T-VCW310638 OIL COOLER I-VCW310654 STEERING SHAFT CHECK CfIECK TYPE DATE R 5/O8/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/OS/2013 R 5/OS/2013 R 5/OS/2013 R 5/OS/2013 R 5/08/2013 a 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/OS/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/12013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 CHECK DISCOUNT AMOUNT NO# 300.000R 053685 32.50CR 053686 61.90CR 053686 24.80CR 053686 26.90CR 053686 295.60CR 053686 69.000R 053687 92.30CR 053688 113.78CR 053689 3,09II.II7CR 053690 720.00CR 053691 0.63CR 62.O1CR 053692 0.32CR 31.52CR 053692 1.56CR 159.60CR 053692 0.19CR 14.20CR 053692 0.16CR 15.77CR 053692 58.75 053693 1,061.06CR 053693 119.84CR 053693 107.000R 053693 94.19CR 053693 429.60CR 053693 168.000R 053693 536.81CR 053693 946.15CR 053693 41.41CR 053693 485.87CR 053693 89.66CR 053693 PAGE: 2 CHECK ADiOUNT 300.00 991.70 69.00 92.30 3,098.87 720.00 278.10 3,520.89 5/08/2013 10:05 A14 A / P CHECK REGISTER PAGE: 3 PACKET: 05774 Regular Payments 5/8/13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT S_ JR NAME / I.D. 08210 KWIK KAR I-5171 I-5297 DESC CAR INSPECTIONS - PD 2013 CAR INSPECTIONS - PD 2013 03290 LAW EN FORCEt4ENT SYS'PEf1S I-180132 WRITTEN WARNING 23870 P•1AIN STREET SIGNS & GRAPHICS I-8198NISG LETTERING FOR TAHOES 21960 MCMASTER NE[V HOLLAND I-R35111 B0014 MOWER REPAIR 08690 O'kEILLY AU'I'0 PARTS C-1959-444152 C-EB42613264 I-1959-441964 I-1959-441980 I-1959-442097 I-1959-442223 I-1959-442227 I-1959-442381 I-1959-442418 I-1959-442582 I-1959-442823 I-1959-443556 I-1959-443779 I-1959-443829 I-1959-443851 I-1959-443889 I-1959-443900 I-1959-444062 I-1959-444074 I-1959-444151 I-1959-444188 I-1959-444267 I-1959-444278 I-1959-444295 I-1959-445263 I-1959-445286 I-1959-445288 I-1959-445389 I-1959-445433 I-1959-445469 I-1959-445478 I-1959-4455B5 I-1959-445586 I-1959-445610 I-1959-445665 I-1959-445817 I-1959-445821 I-1959-445911 VEHICLE PARTS - kEPAIRS EARNBACK MARCH 2O13 VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS 'PRAILER BALL & RECEIVER VEHICLE PARTS - REPAIRS AIR COMPRESSOR VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS AIR COMPRESSOR VEHICLE PARTS - REPAIRS VF.HIC_'LE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS C7IPER BLADES E671 30LB R134A REFRESH BOTTLE VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS DEF VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS VEHICLE PARTS - REPAIRS CHECK CHECK TYPE DATE R 5/08/2013 R 5/08/2013 R 5/OII/2013 R 5/OII/2013 R 5/OB/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/O8/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/O8/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R S/08/2013 R 5/08/2013 R 5/08/2013 R 5/O8/2013 R 5/O8/2013 R 5/O8/2013 R 5/08/2013 R 5/08/2013 R 5/O8/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/08/2013 R 5/O8/2013 DISCOUNT CHECK AA10UNT NO# 39.75CR 053699 39.75CR 053694 86.00CR 053695 875.36CR 053696 793.92CR 053697 9.57 053696 8.85 053698 174.88CR 053698 34.77CR 053698 285.84CR 053698 519.38CR 053698 22.91CR 053698 74.47CR 053698 4.95CR 053698 2fl.98CR 053698 97.24CR 053698 208.30CR 05369B 165.99CR 053698 22.98CR 053698 13.IOCR 053698 2.44CR 053698 195.49CR 053698 48.33CR 053698 15.28CR 053698 278.00CR 053698 9.74CR 053698 9.67CR 053698 21.48CR 053698 110.18CR 053698 18.98CR 053698 89.94CR 053698 174.98CR 053698 295.18CR 053698 95.88CR 053698 54.77CR 053698 15.99CR 053698 20.00CR 053698 4.67CR 053698 7.47CR 053698 61.95CR 053698 66.98CR 053698 90.47CR 053698 55.29CR 053698 CHECK Af•10UNT 79.50 86.00 875.36 793.92 5/08/2013 10:05 A14 A / P CHECK REGISTER PAGE: 4 PACKET: 05774 Regular Payments 5/8/13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK Vt. ,R NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT I-1959-446675 VEHICLE PARTS - REPAIRS R 5/08/2013 4.31CR 05369B I-1959-446717 VEHICLE PARTS - REPAIRS R 5/08/2013 4.31CR 05369E I-1959-446731 VEHICLE PARTS - REPAIRS R 5/OB/2013 47.88CR 05369E I-1959-446886 VEHICLE PARTS - REPAIRS R 5/08/2013 7.99CR 05369E I-1959-446934 VEHICLE PARTS - REPAIRS R 5/08/2013 13.99CR 053698 I-1959-447381 VEHICLE PARTS - REPAIRS R 5/08/2013 175.79CR 053698 I-1959-447786 VEHICLE PARTS - REPAIRS R 5/08/2013 13.20CR 053698 31588,00 *VOID* VOID CHECK V 5/08/2013 053699 **VOID** *VOID* VOID CHECK V 5/08/2013 053700 **VOID** *VOID* VOID CHECK V 5/08/2013 053701 **VOID** 02970 OFFICE DEPOT I-654322922001 OFFICE SUPPLIES R 5/08/2013 232.15CR 053702 232.15 05510 PROGRESSIVE WAST SOLUTIONS OF TX, INC. I-1201179793 R/O RENTAL & SLUDGE DISPO R 5/08/2013 1,307.74CR 053703 11307,74 20290 REGIONAL UNIFORMS & SUPPLY I-34341 RANGER BELT & BOOTS R 5/08/2013 156.90CR 053704 156490 02170 REINERT PAPER & CHEMICAL, INC. I-297364 JANITORIAL SUPPLIES R 5/08/2013 87.37CR. 053705 87,37 25440 RON'S WRECKER & TOWING SERVICE LLC I-026323 TOWING SERVICE - TRUCK R 5/08/2013 75.000R 053706 75,00 24980 SHUMATE, JENNIFER I-SHUMATE 4/11/13 TOLLS FOR TECH CLASS R 5/08/2013 9.76CR 053707 9676 15_ ., TCI TIRE CENTERS I-6270013536 ALL TERRAIN TIRES R 5/08/2013 21877.84CR 053708 I-6270013632 225/60R16 TIRES R 5/08/2013 B03.52CR 05370E 3,681.36 02690 TECHLINE, INC. I-1456213-00 MASTER LOCK BRASS KEYED R 5/08/2013 570.00CR 053709 I-3065244-00 #2 WIRE YELLOW, BLANKET R 5/08/2013 1,192.000R 053709 11762,00 05350 TEXAS EXCAVATION SAFETY SYST I-13-05101 MESSAGE FEES 10/1-9/30/13 R 5/08/2013 83.60CR 053710 83,60 5/08/2013 10:05 AM A / P CHECK REGISTER PAGE: 5 PACKET: 05774 Regular Payments 5/8/13 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VEti.jR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 08970 TEXAS METER G SEWER CO I-190257 RUBBER COUPLINGS R 5/08/2013 51.00CR 053711 I-190434 RUBBER COUPLINGS R 5/08/2013 244682CR 053711 1-190463 RUBBER COUPLINGS R 5/08/2013 112.52CR 053711 408.34 00100 TMRS I-RET201304035014 TMRS R 5/08/2013 141287.1OCR 053712 I-RET201304175027 TMRS R 5/08/2013 13,778.45CR 053712 28,065.55 12290 TRIPLE JB TRANSPORTATION, I NC, I-5910 TOWING OF TRACTOR R 5/08/2013 325.00CR 053713 325.00 19260 TYLER 'TECHNOLOGIES 1-025-67493 ANNUAL MAIN. 6/1-5/31/14 R 5/08/2013 13,374.05CR 053714 I-025-68043 WEBSITE MAINT. UTILITY R 5/08/2013 110.00CR 053714 I-025-68044 COURT ONLINE SPPORT R 5/08/2013 125400CR 053714 13,609,05 * * T 0 T A L S * * NO# DISCOUNTS CHECK A14T TOTAL APPLIED REGULAR CHECKS: 40 2.81 128,129,89 128,132.70 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: 3 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 43 2.81 128,129.89 128,132,70 TOT* "RRORS: 0 TOTAL WARNINGS: 0 5/08/2013 10:00.Ai4 A / P CHECK REGISTER PACKET: 05775 Regular Payments 5/18/2013 -2 VENDOR SET: 99 BANK POOI, POOLED CASH ACCOUNT CHECK CHECK VE 44oR NAME / I.D. DESC TYPE DATE 08690 O'REILLY AUTO PARTS I-1959-443814 AIR COMPRESSOR R 5/08/2013 TOTAL ERRORS: 0 REGULAR CHECKS: HANDWRITTEN CHECKS: PRE-47RITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK DISCOUNT AMOUNT NO# 2,016*00CR 053671 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 2,016.00 2,016.00 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 2,016.00 2,016.00 PAGE: 1 CHECK AMOUNT 2,016400 5/15/2013 5:03 PM A / P CHECK REGISTER PACKET: 05796 Regular Payments 5/15/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VEr,uOR NAME / I.D. DESC TYPE DATE 24540 2L CONSTRUCTION, LLC I-APP 8 SIMS & 4TH FINAL PAY SIMS & 4TH 2L CON, R 5/15/2013 07860 ACT PIPE SUPPLY, INC I-776450 MISC SUPPLIES - STOCK R 5/15/2013 ALTEC ALTEC INDUSTRIES, INC I-5038089 REPAIR HYDROLIC HOSE R 5/15/2013 18100 AMERICAN MUNICIPAL SERVICES I-14770 COLLECTION FOR APRIL '13 R 5/15/2013 01550 ATMOS I-05/01/2013 GAS SERVICE 3/28-5/1/13 R 5/15/2013 00440 BRAZOS ELECTRIC I-28189-RI-1 BRAZOS ELECTRIC APRIL 2013 R 5/15/2013 14560 C & G WHOLESALE I-40857 UNIFOR14 PANTS R 5/15/2013 22300 CARD SERVICE CENTER I -COURTYARD 4/10/13 MARRIOTT, NEW BRAUMFELS, R 5/15/2013 I-FEDEX 4/11/13 SHIP EVIDENCE R 5/15/2013 I-HOMEDEPOT 4/2/13 HOME DEPOT-AC/DC WELDER R 5/15/2013 I-MIGELITOS 4/24/13 ADMIN ASSIST'S DAY LUNCH R 5/15/2013 I-NRPA 4/9/13 MEMBERSHIP DUE CRENWELGE R 5/15/2013 I -PESTICIDE 4/4/13 TX A&M AGRILIFE EXTENSION R 5/15/2013 I-RADIOSHACK 4/11/13 PHONE R 5/15/2013 I -SUPER SAVE 4/24/13 SNACKS FOR STORYTIME R 5/15/2013 I-TCEQ 4/2/13 PALESANO - LICENSE TCEQ R 5/15/2013 I-TLA 4/9/13 TLA CONFERENCE R 5/15/2013 I-TML 4/10/13 TMHRA CONFERENCE PRICE R 5/15/2013 I-TXDPS 04/03/13 CDL BRAUGHLER & O'REAR R 5/15/2013 I-TXDPS 4/3/13 CDL BRAUGHLER & O'REAR R 5/15/2013 *VOID* VOID CHECK V 5/15/2013 00050 CONLEY SAND & GRAVEL I-9850 BED CLEANER R 5/15'2013 08770 CPI OFFICE PRODUCTS I-3565719-0 4-DRAWER FILE CABINET, R. 5/15/2013 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO'# AMOUNT 2,610.00CR 053768 2,610.00 494.91CR 053769 999.91 215.92CR 053770 215.92 539.60CR 053771 539.60 230.80CR 053772 230.80 10,963.64CR 053773 10,963.64 42.99CR 053779 42.99 279.34CR 053775 29.18CR 053775 492.11CR 053775 49.06CR 053775 150.00CR 053775 55.00CR 053775 99.99CR 053775 3.08CR 053775 111.00CR 053775 235.00CR 053775 200.00CR 053775 62.00CR 053775 49.00CR 053775 11809,76 053776 **VOID** 37,OOCR 053777 37.00 429.18CR 053778 929.19 5/15/2013 5:03 PM A / P CHECK REGISTER PACKET: 05796 Regular Payments 5/15/13 CF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VL.�.,OR NAME / I.D. DESC TYPE DATE 25390 DAVENPORT, CHERYL I -DRUG EMP. 5/11/13 COFFEE R 5/15/2013 14980 FORT BEND SERVICES, INC I-0181453-IN DRU14 POLIMER R 5/15/2013 18790 FUELMAN I-NP37952668 VEHICLE FUEL 4/29-5/5/13 R 5/15/2013 24300 FULLER, CARA I -SPRING 2013 TUITION REIMB SPRING 13 R 5/15/2013 24580 HOLIDAY CHEVROLET I-10818 2013 TAHOE PPV W/ ALL R 5/15/2013 I-10818 VIN 94343 2013 CHER17OLET 1500 R 5/15/2013 19830 ILIFF, JOSEPH I-ILIFF 5/20-24/13 TRAVEL TO/FROM BPA R 5/15/2013 01240 INLAND TRUCK PARTS, INC. I-18-69740 CLUTCH REPAIR R 5/15/2013 19190 LASER TECHNOLOGY I-131309 RI QUICK14AP TRAINING R 5/15/2013 19360 LEADS ON LINE I-224379 12 MOS SELECT SEARCH R 5/15/2013 1 LEALIIEE, ATINAE I-LEALIIEE 5/11/13 CON, DEPOSIT R 5/15/2013 MARTIN APPARATUS I-3007582 PUMP TEST E61, E672 R 3/15/2013 I-3007623 PUMP TEST E6711 E672 R 5/15/2013 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-12064101 LEGAL SERVICES 4/30/13 R 5/15/2013 02970 OFFICE DEPOT I-656161765001 OFFICE SUPPLIES R 5/15/2013 I-656161892001 OFFICE SUPPLIES R 5/15/2013 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT N04 A140UNT 53.94CR 053779 53.99 952.95CR 053780 952.95 3,261.76CR 053781 31261,76 954.88CR 053782 954.88 69,037.50CR 053783 22,095.75CR 053783 91,133,25 162.21CR 053784 162.21 1,591.44CR 053785 11591,44 390.00CR 053786 390.00 1,428.0OCR 053787 11428,00 100.O0CR 053788 100.00 9,OC1.90CR 053789 997.20CR 053789 4,999.10 144.O0CR 053790 144.00 758.68CR 053791 10.58CR 053791 769.26 5/15/2013 5:03 P14 A / P CHECK REGISTER PAGE: 3 PACKET: 05796 Regular Payments 5/15/13 OF VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VL...,OR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 AMOUNT 12710 PETTIT MACHINERY, INC I-P98795 IDLERS & BELTS, BLADES R 5/15/2013 287.82CR 053792 287.82 17270 PROFESSIONAL TURF PRODUCTS I-1219309-00 SPRING TINES R 5/15/2013 120.00CR 053793 120.00 05510 PROGRESSIVE WAST SOLUTIONS OF TX, INC I-APRIL 2013 APRIL 2013 R 5/15/2013 461994.90CR 053794 46,994.90 1 RODRIGUEZ, GAVRIEL I-0163866 OVER PAYMEN R 5/15/2013 26.10CR 053795 26.10 22160 SANGER FIRE ASSOCIATION I-A15585 SANGER ELECT REEL - R 5/15/2013 24.79CR 053796 24.79 16240 SCHAD & PULTE I-189884 1ST QTR SUPPLIES R 5/15/2013 14.00CR 053797 I-190020 1ST QTR SUPPLIES R 5/15/2013 14.00CR 053797 I-92413 1ST QTR SUPPLIES R 5/15/2013 13.50CR 053797 41.50 09550 SOUTHWEST CHEMICAL, I NO, I-96964 CHLORINE CYLINDERS R 5/15/2013 11597.50CR 053798 11597,50 18620 STERICYCLE I-4004074724 BIO-PICKUP R 5/15/2013 47.34CR 053799 I-4004098460 BIC-PICKUP R 5/15/2013 145.76CR 053799 193.10 12460 SUPREME PARTS WASHERS I-S25100 ANNUAL PARTS 'WASHER R 5/15/2013 150.00CR 053800 150.00 40 THOMPSON, J RANDY I-146421 DRILL & WIRE STRIPES R 5/15/2013 265.98CR 053801 265.98 23760 VAULTLOGIX I-1171521 SERVER BACK UP R 5/15/2013 8662.80CR 053802 862.80 21610 WITMER PUBLIC SAFETY GROUP, INC I-EI078230 VULCAR LIGHTS, SURVIVOR R 5/15/2013 430.95CR 053803 430.95 17930 WOODS, R.OBERT I -WOODS 5/21-24/13 PER DIEM/TFMA CONFERENCE R 5/15/2013 280.15CR 053804 280.15 5/15/2013 5:03 PM A / P CHECK REGISTER PACKET: 05796 Regular Payments 5/15/13 CF VENDOR SET: 99 HANK POOL POOLED CASH ACCOUNT CHECK CHECK VEiAv OR NAME / I.D. DESC TYPE DATE 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 N04 NO3 DISCOUNTS CHECK At4T TOTAL APPLIED 36 0.00 174,589,68 174,589,68 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 37 0.00 174,589.68 174,589.68 PAGE: 4 CHECK AMOUNT CITY UV SANkxER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By. May 20, 2013 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials —` - Date < j ✓ / ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION It ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ® OTHER Public Hearing AGENDA CAPTION Conduct a Public Hearing to Consider the Possible Annexation of Land Located South of FM 455 and West of FM 2164. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The City is conducting a public hearing to consider annexing properties located south and west of the intersection of FM 455 and FM 2164. Currently, the city limits include the site of the Denton County District 1 Road and Bridge Facility on Union Hill Road, but not the properties to the north or south of it. These are the properties proposed for annexation. The first public hearing is held at the City Council meeting of May 6th. STAFF OPTIONS & RECOMMENDATION None List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Aerial Photo and Map of Subject Area Agencies: None 2013 Proposed Annexation at FM 455 & FM 2164 ' Legend City Limits Proposed Annexation' v:a � AMOS* ' rl N r� �55 O UNIQN HILL RD _ - �1 Fni 455 W N LL TERRACE RD *: _ " LY , ep b ma`s w, .gf) zTEXAS 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: May 20, 2013 Submitted By: Robert Wood City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ® AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Recommendation of Award to Alan Plummer Associates contract for evaluation of the existing Wastewater Plant. 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 Alan Plummer was one of the two engineering firms interviewed by City Staff for the performance of evaluation and alternatives to improve the efficiency of the existing Wastewater Plant. Staff selected Alan Plummer based on their experience, expertise and personnel knowledge in this area. STAFF OPTIONS & RECOMMENDATION Staff recommends award of contract to Alan Plummer for the amount of the $53,449 dollars. List of Supporting Documents/Exhibits Attached: Alan Plummer Associates — Engineering Contract Prior Action/Review by Council, Boards, Commissions or Other Agencies: Agreement for Professional Services APAI Project No. 2013-Ol i-uu Agreement for Professional Services between City of Sanger, Texas and Alan Plummer Associates, Inc. THIS AGREEMENT is made and entered into by and between the City of Sanger, Texas (hereinafter "Owner"), 502 Elm Street, Sanger, TX 76266 and ALAN PLUMMER ASSOCIATES, INC. (hereinafter "Engineer"), 1320 South University Drive, Suite 300, Fort Worth, Texas 76107 on this the of , 2013 and to have an Effective Date for all eligible engineering services rendered on and after the execution date of this Agreement. Owner intends to study alternatives for increasing the efficiency of its wastewater treatment plant and as further described in Exhibit A, "Scope of Services," and hereinafter called the Project as set forth in .this Agreement. Owner and Engineer, inconsideration of the mutual covenants herein, agree with respect to the performance of professional engineering services by Engineer with respect to the Project and the payment for these services by Owner as set forth herein. SECTION 1 —BASIC SERVICES OF ENGINEER 1.1 The Owner has retained Engineer to provide professional services. These parties have not entered into any joint venture or partnership with the other. The Engineer is not to be considered the agent of the Owner. 1.2 Engineer shall provide for Owner professional engineering services for all phases of the Project to which this Agreement applies as hereinafter provided. 1.3 By execution of this Agreement, Owner authorizes Engineer to provide Basic Services for the Project in accordance with Exhibit A, "Scope of Services." SECTION 2 -ADDITIONAL SERVICES OF ENGINEER If authorized in writing by Owner, Engineer shall provide, or obtain from other qualified persons or firms, Additional Services that are not included as part of the Basic Services of Engineer. Additional Services may include: 2.1 Services resulting from significant changes in the general scope, extent or character of the Project designed or specified by Engineer or its design including, but not limited to, changes in size, complexity, Owner's schedule, means and methods of operation, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond Engineer's control. Alan Plummer Associates, Inc Agreement for Professional Services APAI Project No. 2013-013-00 2.2 Unless specifically set forth in Basic Services of Engineer, Basic Services do not include costs of the Engineer for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation or administrative proceedings taken or defended by the Owner, for this Project. All such services required or requested of the Engineer by the Owner, except for suits or claims between the parties to this Agreement, will be reimbursed as may be mutually agreed, and payment for such services shall be in accordance with Section 5. 2.3 Services resulting from significant delays orwork stoppages in Project schedule which occurred through no fault of Engineer. 2.4 Additional Services in connection with the Project, including services which are to be furnished by Owner in accordance with Section 3 and services not otherwise provided for in Basic Services as specified in Section 1 of this Agreement. SECTION 3 -OWNER'S RESPONSIBILITIES Owner shall perform the following in a timely manner so as not to delay the services of Engineer and bear all costs incident thereto: 3.1 Designate in writing a person to act as Owner's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, and interpret and define Owner's procedures, policies and decisions with respect to Engineer's services for the Project. 3.2 .Provide all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints; space, capacity and performance requirements; and flexibility, expendability, and any budgetary limitations. Also furnish copies of design and construction standards which Owner will require to be included in the Contract Documents, 3.3 Assist Engineer by placing at Engineer's disposal available information pertinent to the Project including previous reports; geotechnical information; utility locations; property descriptions, zoning, deed and other land use restrictions; and any other data relative to design or construction of the Project. Engineer shall be entitled to rely upon the accuracy of data and information provided by Owner without independent review, evaluation or verification. Engineer shall not be liable for any claims for injury or loss arising from errors, omissions or inaccuracies in documents or other information provided by the Owner. 3.4 Arrange for access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this Agreement. 3.5 Require Contractor performing the Project Work to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (otherthan to the Project Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insured with respect to such liability and other insurance purchased and maintained by Contractor for the Project. 3.6 Examine studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer and render in writing comments and decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. 3.7 Identify property for easements and rights -of -way required for construction of the Project. Alan Plummer Associates, Inc Agreement for Professional Services APAI Project No. 2013-01 MO 3.8 Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or scheduling of Engineer's services, or any defect or nonconformance in the work of the Engineer or Contractor perform work prepared by Engineer. 3.9 Owner shall pay Engineer as set forth in Section 5 of this Agreement. SECTION 4 —SCHEDULE FOR RENDERING SERVICES 4.1 The provisions of this Section 4 and the various rates of compensation for Engineer's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of all phases to which this Agreement applies. Engineer is authorized to begin rendering services as of the Effective Date, 4.2 Engineer shall complete its obligations within a reasonable time. Specific periods of time and/or completion dates for rendering services will be agreed upon with Owner, 4.3 If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of the Project is impaired, or Engineer's services are delayed or suspended, then the time of completion of services and the rates and amounts of compensation shall be adjusted equitably. 4.4 If Owner requests modifications or changes in the scope, the period of service and the rates and amount of compensation for Engineer's services shall be adjusted equitably. SECTION 5 —PAYMENTS TO ENGINEER 5.1 Owner shall pay Engineer for Basic Services rendered under Section 1 and Additional Services rendered under Section 2 in accordance with the provisions of Exhibit B, "Payments to Engineer." The basic services shall be performed for a lump sum amount of $53,449, 5.2 Engineer shall submit monthly statements for services rendered. Owner shall make prompt payments in response to Engineer's monthly invoices. Engineer invoices are due and payable within 30 days of receipt. 5.3 If Owner objects to any portion of an invoice, Owner shall notify the Engineer within fourteen (14) days of the invoice date, identify the specific cause of the disagreement, identify the payment portion to be withheld and pay when due that portion of the statement not in dispute. 5.4 Engineer may, after giving fourteen (14) days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. 5.5 Payment upon Termination 5.5.1 In the event of any termination under Paragraph 7.8, Owner shall pay Engineer for all services performed and all reimbursable expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the right to the use of Documents subject to the provisions of Paragraph 7.6. 5.5.2 In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 5.5.1, to receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, Alan Plummer Associates, Inc Agreement for Professional Services APAI Project No. 2013-013-00 costs of terminating contracts with Engineer s Consultants, and other related close-out costs, using methods and rates for Additional Services, 5.6 If after the Effective Date any governmental entity takes a legislative action that imposes new taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a multiplier factor of 1.0 (zero (0) percent mark-up) shall be applied. Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit B. 5.5 Records of payment, direct labor costs, and reimbursable costs pertinent to Engineer's compensation for Project will be kept in accordance with generally accepted accounting principles. Engineer is only obligated to maintain these records for a period of three years following date of final payment for services rendered under this Agreement, until conclusion of any litigation to this Agreement, and until all other pending matters under the funding for this project are resolved. SECTION 6 —OPINIONS OF COSTS 6.1 Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, Engineer's Opinions of Probable Construction Cost provided for herein are to be made on the basis of experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional, generally familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from Opinions of Probable Construction Cost prepared by Engineer or prepared by others and reviewed by Engineer. 6.2 Engineer's services, if any, with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs, SECTION 7 —GENERAL TERMS AND CONDITIONS 7.1 The Engineer will strive to perform services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing similar work in the same locality under similar conditions during the same time. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement or in any report, opinion, and document or otherwise. 7.2 Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner provided information. 7.3 Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. 7.4 Subject to the standard of care set forth in Paragraph 7.1, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. 7.5 Compliance with Laws, Regulations, Policies, Procedures, and Standards 7.5.1 The laws of the State of Texas will govern the validity of this Agreement, its interpretations and performance, and remedies for any claims related to this Agreement. Engineer and Owner shall comply with applicable Laws and Regulations. 4-11 Alan Plummer Associates, Inc Agreement for Professional Services APAI Project No. 2013- IMO 7.5.2 The Engineer's professional services shall incorporate those publicly announced federal, state and local laws, regulations, codes and standards that are applicable before the Effective Date. In the event of a change in a law, regulation, et al., the Engineer shall assess its impact. If, in the Engineer's professional opinion, the impact is such to significantly affect the Engineer's compensation or the period of service, then the compensation and/or period of service can be renegotiated. 7.5.3 Owner shall provide to Engineer in writing any and all policies, procedures, and standards of Owner applicable to Engineer's performance of services under this Agreement. Engineer shall comply with such policies, procedures, and standards subject to the standard of care set forth in Paragraph 7.1 and to the extent compliance is not inconsistent with professional practice requirements. This Agreement is based on Laws, Regulations and Owner provided written policies, procedures and standards as of the Effective Date. Changes after the Effective Date may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, time of performance, or compensation. 7.5.4 Engineer shall not be required to sign any document that would result in the Engineer having to certify, guarantee, or warrant the existence of unascertainable conditions. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due contingent upon the Engineer signing such documents. 7.6 Ownership and Reuse of Documents 7.6.1 Contract documents, reports, plans, specifications, memorandums, or other delivered documents (furthermore known as Documents), in printed paper format (also known as hard copies) prepared or furnished by Engineer or Engineer's independent Consultants, pursuant to this Agreement are instruments of service and shall become the property of the Owner subject to Engineer's receipt of full payment for all services relating to preparation of the Documents. Engineer shall have the right to retain copies of Documents for information and reference. Signed and sealed printed form documents and plans shall be deemed superior and shall govern over same electronic format documents. 7.6.2 Owner acknowledges that Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer. Owner also acknowledges that Documents are not intended or represented to be suitable for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer. Any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants. 7.6.3 OWNER shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer. Any such verification or adaptation will entitle Engineer to further compensation at rates indicated as an Additional Service. 7.6.4 Either party to this Agreement may rely that data or information set forth on Documents that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. 7.6.5 Electronic documents and electronic information delivered to the Owner is provided for convenience only. Engineer makes no representation as to the suitability, compatibility, usability, readability, reliability or durability of any document or information transmitted 5-11 Alan Plummer Associates, Inc Agreement for Professional Services APAI Project No. 2013-013-00 electronically or in an electronic media format on portable devices or of the software application packages, operating systems, or computer hardware of the Owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 7,7 Insurance 7.7.1 Engineer, as a minimum, shall maintain insurance of a form and in amounts as required by state law and asset forth in Exhibit C, "Insurance". Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. 7.8 Suspension and Termination 7.8.1 Owner may suspend the Project upon seven days written notice to Engineer. Engineer may, after seven days written notice to Owner, suspend services if Engineer's performance has been substantially delayed through no fault of Engineer. Any suspension shall extend the period of service in a manner that is satisfactory to both the Owner and the Engineer. 7.8.2 Termination Services under this Agreement may be terminated: 7.8.2.1 For cause by either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 7.8.2.2 By Engineer upon 30 days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional. 7.8.2.3 For convenience, by Owner effective upon Engineer's receipt of notice from Owner, Engineer shall have no liability to Owner on account of such termination. The terminating party may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Documents in orderly files. 7.9 Successors, Assigns and Beneficiaries 7.9.1 Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 7.9.2 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, Agreements, and obligations of this Agreement. 7.9.2 Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7.9.3 Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Subcontractor, Supplier, other individual or entity, orto any surety for or employee of any of them. All duties and responsibilities undertaken pursuant Alan Plummer Associates, Inc Agreement for Professional Services APAI Project No. 2013-013-00 to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 7.10 Dispute Resolution 7.10.1 Owner and Engineer agree to negotiate all disputes between them in good faith fora period of time mutually agreed upon from the date of notice prior to invoking other provisions of this Agreement, or exercising their rights under law. If the parties fail to resolve a dispute through negotiation then either or both may invoke the other provisions of this Agreement. If no other provisions are provided, then the parties may exercise their rights under law. 7.11 Hazardous Conditions and Materials at Project Site 7.11.1 When hazardous conditions or materials such as Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other hazardous substances, hereafter referred to as Constituents of Concern are known, assumed or suspected to exist at the Project site, Engineer is required to take appropriate precautions to protect the health and safety of Engineer's employees, to comply with the applicable laws and regulations and to follow procedures deemed prudent to minimize physical risks to employees and the public. By execution of this Agreement, Owner acknowledges it has or will disclose to Engineer in writing the existence of all known and suspected Constituents of Concern located at or near the Site, including type, quantity, and location. 7.11.2 Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. 7.11.3 Constituents of Concern may exist at a site where there is no reason to believe they could or should be present. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. 7.11.4 It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern unless specifically indicated in Exhibit B "Scope of Services". If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. 7.11.5 If the presence of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. OWNER agrees that the discovery of undisclosed Constituents of Concern constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. 7.11.E Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner" "arranger," "operator," "generator," or "transporter of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 7-11 Alan Plummer Associates, Inc Agreement for Professional Services APAI Project No. 201M13-00 7.12 Indemnification and Mutual Waiver 7,12.1 To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner from reasonable claims, costs, losses, and damages arising out of Engineer's negligent act or omission of Engineer from services performed under this Agreement provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom. It is specifically understood and agreed that in no case shall the Engineer be required to pay an amount disproportional to Engineer's culpability, or any share of any amount levied to recognize more than actual economic damages. 7.12.2 Owner shall indemnify and hold harmless Engineer as required by Laws and Regulations. 7.12.3 To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer from and against any and all claims, costs, losses, and damages caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Ownerto indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. 7.12.4 In the event of joint or concurrent negligence of Engineer and Owner each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. 7.12.5 The Owner shall not be liable to the Engineer and the Engineer shall not be liable to the Owner for any special, incidental or consequential damages, including, but not limited to, loss of use and loss of profit, incurred by either party due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the Owner, or the Engineer or their employees, agents or subcontractors. 7.12.E Nothing in the provisions of Section 7.12 is intended or shall be construed to waive any sovereign immunity protections provided by the Owner as a governmental subdivision of the State of Texas under laws of the State of Texas. 7.13 Miscellaneous Provisions 7.13.1 Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any cause. 7.13.2 Severability: Any provision or part of the Agreement held to be void or unenforceable under any Law or Regulation shall be deemed stricken, the enforceability of the remaining provisions shall not be impaired thereby. Owner and Engineer agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 7.13.3 Waiver: A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 7.13.4 Accrual of Claims: To the fullest extent permitted bylaw, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commenceI no later than the date of Substantial Completion. Alan Plummer Associates, Inc Agreement for Professional Services APAI Project No. 2013-013-00 7.13.5 Personnel and Facilities: The Engineer has, or will secure at his own expense, personnel, equipment and other materials and supplies required to perform the services under this Agreement within the period of service set forth in Section 4. Engineer may subcontract a portion of these services, but these Subcontractors shall be subject to written approval by the Owner. Such personnel shall not be employees of nor have contractual relationship with the Owner. 7.13.E Force Majeure: Neither Owner nor Engineer shall be liable for faults or delays caused by any contingency beyond his control, including, but not limited to, acts of God, wars, strikes, walkouts, fires, natural calamities, or demands or requirements of governmental agencies. 7.13.7 Separate Provisions: If any provisions of this Agreement are held to be invalid or unenforceable, the remaining provisions shall be valid and binding. 7.13.8 Conflicts: In the event of a conflict between the main text of this Agreement and any Exhibit thereof, provisions of the main text shall govern. 7.13.9 Access to Records: The Owner or designated representative has the right to access and to audit, inspect, copy and examine books, financial records, and other documents relating directly to receipt and disbursement of funds for this project. SECTION 8 —DEFINITIONS As used herein, the following words and phrases have the meanings indicated, unless otherwise specified in various sections of this Agreement: 8A Agreement: This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 9 and any duly executed amendments. 8.2 Constituent of Concern: Any substance, product, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 8.3 Construction Cost: The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights -of -way, or compensation for damages to properties; Owner's costs for legal, accounting, insurance counseling or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner pursuant to Exhibit A of this Agreement. Construction Cost is one of the items comprising Total Project Costs, 8.4 Effective Date: The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 8.5 Reimbursable Expenses: Actual expenses incurred by Engineer directly in connection with providing services for the Project. These include, but are not limited to, transportation and subsistence; Alan Plummer Associates, Inc Agreement for Professional Services APAI Project No. 2013-013-00 reproduction and printing; communications; postage and express mail; equipment rental; and expense of computers and other specialized equipment. 8.6 Substantial Completion: The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Owner or Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 8.7 Total Project Costs: The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project -related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights - of -way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. SECTION 9 —EXHIBITS AND PROVISIONS 9.1 The following Exhibits are attached to and made a part of this Agreement: 9.1.1 Exhibit A, "Scope of Service" 9.1.2 Exhibit B, "Payments to Engineer" 9.1.3 Exhibit C, "Insurance" 9.2 Engineer Certification Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph: 9.2.1 Corrupt Practice: The offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the selection process or in the Agreement execution. 9.2.2 Fraudulent Practice: Intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition. 9.2.3 Coercive Practice: Harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. THIS AGREEMENT, consisting of Pages 1 to 11 inclusive, together with the Exhibits identified above, constitutes the entire Agreement between Owner and Engineer and supersedes all prior written and oral understandings. This Agreement and said Exhibits may only be amended, supplemented, modified or canceled through a duly executed written instrument. Alan Plummer Associates, Inc for Professional Services Al Proiect No. Lu13-u13-00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above. OWNER: City of Sanger, Texas By: Witness: ENGINEER: ALAN PLUMMER ASSOCIATES, INC. B Title. A Witness: I` - Alan Plummer Associates, Inc EXHIBIT A PROPOSED SCOPE OF SERVICES CITY OF BANGER, TEXAS WASTEWATER TREATMENT PLANT EVALUATION Task A. Project initiation and meetings 1. Kickoff meeting This task includes an initial meeting to confirm scope and expectations for the project from both the City's and Consultant's perspectives. Lists of information needed from the City for the project will be discussed. 2. Progress Meetings (conference calls) Monthly conference calls will be held to provide the City with updates on progress and to discuss issues that may arise during the progression of the project, 3. Workshops Two workshops will be held in the course of the project. a. The first will focus on the initial understanding of the process and conditions at the plant. b. The second will focus on the findings and recommendations regarding the capacity of the plant and options for adding additional capacity at a minimal construction cost. 4. Presentation to Staff or Council Work Session Following completion of the project, a presentation can be made to the City Staff or at a Council Work Session. Task B. Data Collection 1. Future Conditions The City's wastewater treatment plant is currently rated for slightly under 1 MGD. The City desires to provide additional treatment capacity at minimal construction cost in order to delay a major expansion until the economic climate in the area improves and additional growth is realized in the service area. The City will provide its assessment of the service area, population projections, per capita flow rates, and effluent flows. This information will be used to determine how much additional treatment capacity is needed in the near term and the timing of the next expansion 2. Flows The City/Plant staff will provide the previous 5 years flow data and history of any flow violations relative to permit limits. Consultant will evaluate the data with regard to diurnal and seasonal fluctuations. The design values for annual average, maximum month, peak 2-hour, and peak day flows will be developed. 3. Wastewater quality The City/Plant staff will provide the previous 5 years data on wastewater quality and characteristics including, but not limited to, influent and Effluent BOD, TSB, Ammonia, Alkalinity, Phosphorus, nitrogen, temperature, and pH. The staff will also provide a history of any effluent it City of Sanger, Texas Proposed Scope of Services April 24, 2013 quality violations relative to permit limits. The consultant will analyze the data with regard to loads entering the plant and the frequency of occurrence of extreme loads. 4. Treatment unit sizes The City/Plant staff will provide construction drawings and specifications, studies, and any other evaluations, and documentations of modifications made to the facilities. Consultant will produce a listing of the current facilities and support infrastructure with dimensions and capacities. 5. Operating data The City/Plant staff will provide the previous 5 years plant operating data with regard to such areas as sludge pumping, wasting rates, sludge blanket depth, mixed liquor solids values, chlorine usage, and other pertinent operating parameters. The consultant will produce a process schematic and simplified model of the plant for use in determining the capacity based on various operating scenarios. 6. Operator Interviews This task will include an initial plant tour and discussion of observations with the plant operations and maintenance staff. Following development of the process schematic and initial reviews of the flow, quality, and operating data, follow-up interviews with the operations and maintenance staff will be held to focus on issues identified. 7. Condition Assessment The condition of all equipment and structures at the plant will be evaluated for probable performance and an estimated remaining useful life. 8. Technical Memorandum APAI will prepare a technical memorandum to present the findings of the process evaluation and the plant condition assessment. Task C. Evaluation 1. Alternative Development APAI will develop alternatives for achieving a higher level of treatment from the plant. Alternatives will also be considered for replacing structures and equipment which is either worn or out of service. 2. Recommendations and Implementation After alternative analysis, a recommended plan of action will be developed based on cost and achieving the desired remaining useful life. An implementation plan will be developed to phase the work based on a budget that will meet the city's capabilities to pay for the improvements. 3. Engineering Report An engineering report will be prepared to present the findings of the study and the recommended plan of action. The report will include a capital improvements plan and a recommendation for when the current plant should be replaced. EXHIBIT B ALAN PLUMMER ASSOCIATES, INC. PAYMENTS TO ENGINEER HOURLY FEE SCHEDULE 2013 Staff Description Staff Code Range of Billing Rates Admin Staff Al-A3 $ 56.00 - $ 80.00 Senior Admin Staff A4 $ 72.00 - $ 107.00 Designer/Technician Cl-C2 $ 56.00 - $ 103.00 Senior Designer/Technician C3-C4 $ 95.00 - $ 135.00 Engineer-in-Training/Scientist-in-Training ESO-ES3 $ 89.00 - $125.00 Project Engineer/Scientist ES4 $112.00 - $140,00 Senior Project Engineer/Scientist ES5 $120.00 - $168400 Project Manager ES6 $140000 - $196.00 Senior Project Manager ES7 $185.00 - $252.00 Principal ES8-ES9 $200.00 - $296.00 Billing rates are based on "salary cost" times a multiplier of 2.3. Salary cost is based on direct payroll costs times 1.43. Salary cost includes direct payroll costs, payroll taxes, vacation, holiday, sick leave, employee insurance, and other fringe. Range of billing rates shown may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. The multipliers shown will not be adjusted. A multiplier of 1.15 will be applied to all direct expenses. M3.29_2013 Attachment C PLUM-02 OP ID: JMC �tft� R®� CERTIFICATE OF LIA43ILITY INSURANCE DATE(MM/DD/YYYY) 03/21 /13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRooucER 800-338-1391 ACEC/MARSH 701 Market St., Ste, 1100 888-621-3173 St, Louis, MO 63101 Jeff B. Connelly INSURED Alan Plummer Assoc., Inc. INsuRERB: Ms. Glynda Kendall 1320 South University Drive INSURERC: Fort Worth, TX 76107 INSURER D : INSURER E : COVERAGES CERTIFICATE NUMBER: Twin Citv Fire Insurance 129459 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY MM/DD/YYYY EFF POLICY EXP MM1DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS -MADE F I OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ NON -OWNED HIREDAUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUE El (Mandatory In NH) N I A 84WBGBNO482 11/01/12 11/01/13 X I WCSTATU- I OTH- E.L. EACH ACCIDENT 11000,000 E.L. DISEASE - EA EMPLOYEE _$ $ 11000,000 - If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required) For Informational Purposes Only. ' Alan Plummer Assoc., Inc. Att: Ms. Anne Lemmons 1320 S. University, Ste. 300 Fort Worth, TX 76107 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Cert IO 16089 ACi-' �® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE(MM/DD/YYYY) �V/� 6,25,2012 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW, THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST, PRODUCER NAME, PHONE (214) 503 -1212 COMPANY NAME AND ADDRESS NAIC NO: 412 62 CONTACT PERSON AND ADDRESS McLaughlin Brunson Insurance Agency, LLP Travelers Lloyds Insurance Company 6600 LBJ Freeway, Suite 220 385 Washington Street St. Paul MN 55102 Dallas TX 75240 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH AAC No ; (214) 503 - 8699 ADDRMALESS: CODE: SUB CODE: POLICY TYPE Package Policy AGENCY CUSTOMER ID #7 NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Alan Plummer and Associates, Inc.; Alan Plummer Associates, Inc. PACP1996L981 1320 S. Univesity Drive, Suite 300 EFFECTIVE DATE DATE rEX/P1111ATION CONTINUED UNTIL Fort Worth TX 76107 6/15/2012 5/2013 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION Use REMARKS on page 2, if mores ace is required) El BUILDING OR 1E BUSINESS PERSONAL PROPERTY LOCATIONIDESCRIPTION LOCATION #1 - 1320 S. UNIVERSITY DRIVE, #300, FORT WORTH, TX 76107 - OFFICE CONTENTS $1,697,440. LOCATION #2 - 6300 LA CALMA, SUITE 400, AUSTIN, TX 78700 - OFFICE CONTENTS $350,200. LOCATION #3 - 1349 EMPIRE CENTRAL, #1000, DALLAS, TX 75247 - OFFICE CONTENTS $212,180. LOCATION #4 - 3100 WILCREST DR., #270, HOUSTON, TX 77042-OFFICE CONTENTS $106,090.-WIND/HAIL DED. 5% THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PFRII S INRI IRFh I I RABIC: I I RRC)All I I GPF(:IAI I X I Direct Phy. Loss *** COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ DED: 500 YES NO NIA BUSINESS INCOME ❑ RENTAL VALUE_ If YES, LIMIT: X Actual Loss Sustained; # of months: 12 oLANKET COVERAGE If YES, indicate value(s) reported on property identified above: $ TERRORISM COVERAGE Attach Disclosure Notice! DEC IS THERE A TERRORISM -SPECIFIC EXCLUSION? IS DOMESTIC TERRORISM EXCLUDED? LIMITED FUNGUS COVERAGE If YES, LIMIT: DED: FUNGUS EXCLUSION (If "YES", specify organization's form used) REPLACEMENT COST X AGREED VALUE COINSURANCE X If YES, 10 0 % EQUIPMENT BREAKDOWN (If Applicable) If YES, LIMIT: DED: ORDINANCE OR LAW -Coverage for loss to undamaged portion of bldg - Demolition Costs If YES, LIMIT: DED: - Incr. Cost of Construction If YES, LIMIT: DED: EARTH MOVEMENT (If Applicable) If YES, LIMIT: DED: FLOOD (If Applicable) If YES, LIMIT: DED: WIND / HAIL (If Subject to Different Provisions) If YES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS CANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. MORTGAGEE F7 CONTRACT OF SALE 30RGAN CHASE BANK, N.A. 4t0 Throckmorton Floor 4, TX1-1236 Fort Worth TX 76102 LENDER SERVICING AGENT NAME AND ADDRESS 0 Throckmorton, Floor JPMORGAN CHASE BANK, N. 42 Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE PATRICK P. 4th, TX1-1236 A. ACORD 28 (2009/12) ©2003-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 2 m ACORD 28 (2009/12) Page 2 of 2 u�ge� zTEXAS 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: May 20, 2013 Submitted By: Tami Taber City Manager Reviewed/Approval Initials �,0 Date ACTION REQUESTED: ®ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS Consider, Discuss and Approve Ordinance #05A543 - Canvassing the Results of Votes for the Purpose of Electing Candidates to the Office of City Council of the City of Sanger, Texas, for the General Election Held on May 11, 2013, Declaring the Results of That Election and Providing for an Effective Date. 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 STAFF OPTIONS & RECOMMENDATION List of Supporting Documents: • Canvass & Cumulative Report • Ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: iiii 111 i I 1 11 ` �, 1• 3wT; Ao T r Ak55 = UNION=HILL R.D r -WRIMIUMM47w. Proposed Annexation City Limits A� l L •' �TERRACE��RD STATE OF TEXAS CITY OF SANGER DENTON COUNTY CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Section 43.035 and 212.172 of the Texas Local Government Code by and between the City of Sanger, Texas (the "City") and the undersigned property owners(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Denton County, Texas, which is more particularly and separately described in the attached Exhibit "A" (Legal Description or Tax Record); and WHEREAS, the City has begun the process to institute annexation proceedings on all or portions of Owner's Property and has held public hearing on May 6, 2013 and May 20, 2013; and WHEREAS the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City, and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of the Agreement; and WHEREAS, the Development Agreement is to be recorded in the Real Property Records of Denton County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code, Page 1 of 4 Development Agreement Section 2. The Owner shall be allowed to continue the current use of the property, and expand such use, or use of it for any other use allowed within Denton County, with the prior written consent of the City. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the current use of the property. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 4. The term of this Agreement (the Term) is ten (10) years from the date that the Mayor's signature to this Agreement is acknowledged by a public notary. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property.. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 5. Property annexed pursuant to this. Agreement will initially be zoned A Agricultural District pursuant to the City's Code of Ordinances, pending determination of the property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 6. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser of grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's hears, successors, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Sanger Attention: City Manager PO Box 1729 Sanger, Texas 76266 Page 2 of 4 Development Agreement Section 7. This Agreement shall run with the Property and be recorded in the Real Property Records of Denton County, Texas. Section 8. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of the Agreement shall remain in full force and effect. Section 9. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 10. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement of the City's ability to annex the properties covered herein pursuant to the tens of this Agreement. Section 11. Venue for this Agreement shall be in Denton County, Texas. Section 12. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Section 3 and 4 herein. Entered into this GL day of , 2013 Owner Signature: 1,�1 i14 ✓1 : ' 0./l G� iIi'/ t �,/lll�Gl/ Printed Name: Owner Signature: Printed Name: THE STATE OF TEXAS } DENTON COUNTY} This Instrument was acknowledged before me on the ay of e i4 lu K f/✓t 1 T* , Own P Notary Public, State of Texas N This Instrument was acknowledged before me on the day of Owner. Notary Public, State of Texas 2013, by Not My MARGE CARPENTER ary Public, State of Texas Comm. Expires Feb. 2, 2015 Page 3 of 4 Development Agreement For the City of Sanger Thomas Muir, Mayor THE STATE OF TEXAS} DENTON COUNTY} This Instrument was acknowledged before me on the Thomas Muir, Mayor Notary Public, State of Texas day of , 20I3, by Page 4 of 4 Denton Central Appraisal District we PropertyDetails Page 1 of 3 Exemptions: Tax Information The Denton Central Appraisal District is not responsible for the assessment or collection of taxes for this or any other property. If you have a question regarding your tax bill please contact the Denton County Tax Assessor / Collector. General Information Property ID ......:.........................................................................:.....I Geoarahic ID 168341 ...................................................................................................................................A..............a....J�....Morton, Tr 52a, 6.0 Acres ....................................................................... .s Address Fm 455 Tx Property Type Real Abstract/Subdivision 1..................................................................................................................................................................................be...... A07 92A _ ...................... _ ................ .._........... ............................... .All properties in A0792A ..................................._...................................1.....................—.............._.I" ...................................................................................................................................................._�riea Plat Owner ID 3"Ahlbl',ftle" added 6 ........_...__........................_.... -_3984 ... ..._............................................_...._......_....................................................._........................._.........._......_...........__......................._.:.. O11 wner Name Lake Ray Roberts DryBoat Sto _...... .. ...................................................._.................................._........................ Percent Ownership ........................_............................................ inn................I.......I.....- ..-_.. _ Address ......................... C View 2012 Certified Values Total Impr Land Homes an d L nt Value alue ..................................... to Value Agricultural Market Value Timber Market Value_ Total Market Value ..._......_..............._.._..........................._........._._........_ Agricultural Use Reductio: .... off ......._ add .... add ........... doe ..............................................d Timber Use Reduction 1124 Sunset Dr .................................................... TX 76262-5444 .....................all N/A .................................................. Den Con CAD CIS +) $510,173 (+) $82,800 ......�+dI.....$0 ......(+�. ....$O. _...dead ..._..._.._.... _) $592,973 1.....(... .._.$.O � _.�.....$.0 ...................................... . _) $592,973 .off, d added 114 4 1 P I added 16 (-) $0 _) $592,973 2012 Estimated _Taxes Entity Name Tax Rate Per Taxable Calculated Tax Ceiling $100 Value Taxes Amount Denton County 0.282867% $592,973.00 $11677.32 N/A Sanger ISD 1.372067% $592,973.00 $8,135.99 N/A Estimated Total Taxes $91813.31 DO NOT PAY TA�ES BASED ON THESE ESTIMATED TAXES. You will receive an official tax bill from the appropriate agency when they are prepared. Taxes are collected by the agency sending you the official tax bill. To see a listing of agencies that collect taxes for your property, click here The estimated taxes are provided as a courtesy and should not be relied upon in making financial or other decisions. The Denton Central Appraisal District (DCAD) does not control the tax rate nor the amount of the taxes, as that is the responsibility of each Taxing Jurisdiction. Questions about your taxes should be directed to the appropriate taxing jurisdiction. These tax estimates are calculated by using the taxable value as of 6:OOAM multiplied by the most http://www.dentoncad.com/index.php?option=com content&task=view&id=100&Year=2... 5/13/2013 Denton Central Appraisal District - PropertyDetails Page 2 of 3 current tax rate. It does not take into account other special or unique tax scenarios. 2012 Improvements Improvement 1316968 Class'vi'�`5 "'is' Year Built Sq. Footage Type 960 1993 32,400 sq. feet Main Area Improvement 1316969 Class Wi"`s `"i�' Year Built Sq. Footage Type C06 1994 832 sq. feet Fencing Improvement 1316970 State Code Improvement Type Commercial BOAT STG BLDG B _........................_................................................. _...................... Improvement ......e..........ment Value $134_..... 631 ......._..._.................................... ....................................................._.................._..............._.........._.._................._..._................._...................................................._.. Condition Good Condition r, nri Class Wt'at'S t`"�? Year Built Sq. Footage Type 950 1994 10,800 sq. feet Main Area 950 1997 9,000 sq. feet Main Area Improvemen6971 t 131 State Code Value E3 e Home - MOBILE HOME iio 0.l..L aaaj� \.V V11111j CHCA Roof Covering Composition Shinc7le CIBSS What's this? Year Built Sq. Footage Type MD3 1998 768 sq. feet Main Area 2012 Certified Land Segments Land Type Acres Sq. Ft. Commercial 3 130,680 sq. feet Improved Pasture 3 130,680 sq. feet Property History http://www.dentoncad.com/index.php?option=com content&task=view&id=100&Year=2... 5/13/2013 Denton Central Appraisal District - PropertyDetails Page 3 of 3 Year 2013 201]. ?010 2010 ='009 2008 007 006 ?005 2004 =003 002 2001 ^000 1999 1998 1997 1996 1995 1994 $489,167 (Preliminary) $510,173 $523,575 $507,200 $507,200 $608r629 $467,200 $454,399 394,243 $379,952 $335,112 $320,180 $314,103 $221,282 $221,282 $221,282 $221,282 $215,518 $162,892 $118,517 $44,100 Deed History Date Type Wd With 5/27/1999 Vendors Lien 5/27/1999 Warranty Deed Wd With 9/20/1993 Vendors Lien Wd With 9/20/1993 Vendors Lien Land $62,800 (Preliminary) $82,800 $82,800 21800 $82,800 $821800 $82, �0 $821800 $82,800 $381400 $381400 $38,400 $38,400 61400 61400 $26, 400 61400 61400 $26, 400 $26, 400 $26, 400 Real Estate Sales Seller Market Jlb, yb/ (Preliminary) $592,973 $6061375 $590, 000 $5901000 $691,429 $550,000 $5371199 $477,043 $41B,352 $373,512 $358,580 $3521503 $2471682 $2471682 $2471682 $247, 682 $2411918 $1891292 $1441917 $701500 Buyer $576,967 (Preliminary) $592,973 $606,375 $5901000 $590,000 $650,329 $5081915 $4961129 $4351973 $399,482 $3541642 $339,710 $3331633 $2341812 $234,812 $230,542 $230,502 $224,758 $1721112 $1271737 $531360 Deed Number Dry Lake Ray _ Kirchoff, Gary Roberts 99 H Tr Boat Sto 0053092 Dry Harbor Kirchoff, Gary 99- Boat Storage H Tr 0053091 Copeland, Dry Harbor Boat 93- Alvin B & Storage 0065868 Sharon Copeland, Copeland, Alvin 93- Alvin B B & Sharon 0065867 Assessed $576 ,967 (Preliminary) $5921973 $6061375 $5901000 $5901000 $650, 329 $5081 915 $4961129 $4351973 $3991482 $354, 642 $339,710 $3331633 $2341812 $2341812 $2301542 $2301502 $2241758 $172,112 $127,737 $53,360 Sale Price Unavailable Unavailable Unavailable Unavailable Show sales that occurred within the past 6 months 1 year 2 years Subject Property Abstract/Subdivision:Link Lint Lin}; A0792A Subject Property School District: Sanger Link Link. Link Senate Bill 541 In 2005, Texas passed Senate Bill 541, which prohibits the Denton Central Appraisal District -- and every other Appraisal District in the State of Texas -- from making photographs and floorplans of property available online. Exempted from the restriction will be aerial photographs of five or more separately owned buildings. 1'ou can read more about S.B. 541 here. Back to Search htip://www.dentoncad.com/index.php?option=com content&task=view&id=100&Year=2... 5/13/2013