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03/07/2011-CC-Agenda Packet-Regular1. CITY COUNCIL MONDAY, MARCH 7, 2011 7:30 PM 502 ELM STREET Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: February 7, 2011 - Worlc Session February 7, 2011 - Council Meeting b) Disbursements 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Discuss, Consider and Possibly Act on Approving NCTCOG Interlocal Marketing Agreement With Utility Service Partners Private Label, Inc., d/b/a Service Line Warranties of America ("SWLA") 6. Discuss, Consider and Possibly Act on Approving Resolution 441D03-13-11 -Supporting the Legislative Activity and Goals of the Atmos Texas Municipalities ("ATM"). 7. Discuss, Consider and Possibly Approve Budget Amendment #l. Q . Discuss, Consider and Possibly Act on Approving Ordinance 4403-20-11 -Flood Damage Prevention. 9. Discuss, Consider and Possibly Act on Approving Ordinance # 03-21-11 -Ordering and Providing Notice of a General Election, Approving a Joint Election Agreement and Contract With Denton County for Election Services.. 10. INFORMATION ITEMS a) Investment Report b) Annual Racial Profiling Report c) Library Report for January d) Animal Control Report for January e) ATMOS Rider GCR - Rate Filing Under Docket No. 9762 11. 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. � � � _ y 711540100 jam. and shall remain posted until meeting is adjourned. �n �`,'� 0 "• 0/ :1 Tami Taber, City Secretary City of Sanger, Texas W %. TCX AS This facility is wheelchair accessible and acc��ssihlrking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 45&7930 for further information. MINUTES: CITY COUNCIL WORK SESSION February 7, 2011 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Rusty Patton, Councilman Gary Bilyeu and Councilman Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Eddie Branham Water/Wastewater Superintendent, Mike Prater Electric Superintendent, Vicky Elieson Library Director, Joe Iliff Director of Development Services, John Schubert Parks & Ree Superintendent, John Henderson, Street Superintendent, Rob Woods, Public Works Director, Katie Griffin Finance Director, Curtis Amyx Police Chief, Carolyn Frazier, Marianne Bartz, Alex Bartz, Kelli Alexander and Sam Alexander 1. Call Meeting to Order. Mayor Muir called the meeting to order. 2. Presentation by Keep Sanger Beautiful on Mural Lighting. Carolyn Frazier was present and distributed a hand out of a plat showing the south entry way. There will be 68 LED lights installed to light up the mural. The project should begin around the first of March and take approximately thirty days to complete. They had $70,000 to spend on lights and paint the underpasses. The bid came in at $63,000. This project is paid for by a grant from TXDOT. 3. Overview of Department Goals for 2011. Power Point presentation was given and Department Heads gave a summary of goals for their departments. 4. Overview of Items on Regular Agenda. 5. Adjournment. Mayor Muir adjourned the meeting. MINUTES: CITY COUNCIL MEETING February 7, 2011 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Patton, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Kelli Alexander and Sam Alexander 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order, Councilman Martin led the Invocation followed by Councilman Patton 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 spoke about animal control. CONSENT AGENDA 3. a) Approval of Minutes: January 18, 2011 -Work Session January 18, 2011 - City Council Meeting b) Disbursements Councilman Patton made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Rejecting Bids Received for Wayne, Jackilu and 1st Street Covering the Construction of Paving, Drainage and Utility Improvements and Re -bid. Councilman Martin made a motion to reject and rebid adding concrete as an alternate option. Seconded by Councilman Garza. Motion carried unanimously. 6. Discuss, Consider and Possibly Act on Approving Interlocal Agreement With Denton County for Improvements to Utility Road. The City's cost is $8,816.00 Councilwoman Johnson made a motion to approve. Seconded by Councilman Patton. Motion carried unanimously. 7. Discuss, Consider and Possibly Act on Approving Staff to Advertise for Request for Proposal (REP) on Bank Depository Services. City Manager advised that 2006 was the last time RFP's were done. He will send the RFP to the three local banks in Sanger. Councilman Bilyeu made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 8. INFORMATION ITEMS: a) Investment Report b) Library Report for December 9. Adjourn. Mayor Muir adjourned the meeting. 2/02/2011 2:10 PM A / P CHECK REGISTER PAGE: 1 PACKET: 03942 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK 00R NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 1 AMY CONDITT I-201102013890 AMY CONDITT 1/22/1 R 2/02/2011 100.000R 045663 100.00 17730 MIKE BRICE I-201102013898 CABINETS,SHELVES,SAM MEMB R 2/02/2011 214.82CR 045664 214.82 22630 PAULA FORNARA, RN I-102810s SA EXAM S10271080 R 2/02/2011 400600CR 045665 400.00 22890 HUFFMAN & HUFFMAN INC. I-201101313886 5TH ST SEWER REPAIR R 2/02/2011 371157,00CR 045666 37,157.00 17400 PRECIOUS STAFFORD I-012411 1/19 - 1/21 R 2/02/2011 275.00CR 045667 275.00 02510 STATE COMPTROLLER I-201102013891 CRIMINAL COST AND FEES R 2/02/2011 121282.03CR 045668 12,282,03 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 6 0.00 50f428.85 50r42Bb85 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 6 0.00 50,42B.85 50,428*85 E TOTAL ERRORS: 0 TOTAL WARNINGS: 0 2/03/2011 9:28 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03942 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK .JDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 1 AMY CONDITT I-201102013890 AMY CONDITT 1/22/1 R 2/02/2011 100.000R 045663 100.00 17730 MIKE BRICE I-201102013898 CABINETS,SHELVES,SAM MEMB R 2/02/2011 214.82CR 045664 214.82 22630 PAULA FORNARA, RN I-102810s SA EXAM S10271080 R 2/02/2011 400.00CR 045665 400.00 22890 HUFFMAN & HUFFMAN INC. I-201101313886 5TH ST SEWER REPAIR R 2/02/2011 37,157.00CR 045666 37,157.00 17400 PRECIOUS STAFFORD I-012411 1/19 - 1/21 R 2/02/2011 275.00CR 045667 275.00 02510 STATE COMPTROLLER I-201102013891 CRIMINAL COST AND FEES R 2/02/2011 12,282.03CR 045668 12,282.03 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 6 0.00 50,428.85 50,428.85 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 6 0.00 50r428685 50,428.85 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 2/03/2011 10:04 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03944 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ,�NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 07860 ACT PIPE SUPPLY, INC I-501591 MANHOLE LID EXTRACTOR R 2/03/2011 127.1OCR 045669 I-501643 12" METER REPAIR @ MCREYN R 2/03/2011 348.69CR 045669 475.79 02460 AT&T MOBILITY I-201102033910 11/23 - 12/22 R 2/03/2011 211.68CR 045670 211.68 00390 BILL UTTER FORD, INC. I-125969 REPLACE & CLEAN OUT EGR R 2/03/2011 1,330.00CR 045671 I-125969- REPLACE HEAT EXCHANGER R 2/03/2011 954.86CR 045671 2,284.86 22970 BOLINDA PUBLISHING INC. I-0010347 AUDIO BOOKS R 2/03/2011 70.00CR 045672 70.00 00420 BOUND TREE MEDICAL, LLC I-80527197 2ND QTR SUPPLIES R 2/03/2011 30.98CR 045673 30.98 17730 MIKE BRICE I-201102013897 TEDC COURSE 2/15-17 R 2/03/2011 1006000R 045674 100.00 07160 BUILDING OFFICIALS ASSOCIATION OF TEXAS I-201102013892 MEMBERSHIP R 2/03/2011 50.00CR 045675 50.00 110 CARE NOW CORPORATE I-853964 D/S STANDARD R MILLER R 2/03/2011 35.00CR 045676 35.00 02490 CENTURYLINK I-201102033909 1/10 - 2/9 R 2/03/2011 11306.86CR 045677 le306o86 08770 CPI OFFICE PRODUCTS I-106413 OFFICE SUPPLIES R 2/03/2011 86.02CR 045678 I-2758081-0/01 PAPER,INK,LEGAL PADS R 2/03/2011 367.44CR 045678 453.46 15230 CRAFCO TEXAS, INC I-0027184-IN INTERLOCK PAKSTAT R 2/03/2011 222.21CR 045679 222.21 08460 DELL COMPUTERS, LLP I-XF6CF3T91 COMPUTER FOR LEHOTSKY R 2/03/2011 963.00CR 045680 963.00 18190 DEPARTMENT OF INFORMATION RESOURCE I-11100953T DEC 2010 R 2/03/2011 58.86CR 045681 58.86 2/03/2011 10:04 AM A P CHECK REGISTER PAGE: 2 PACKET: 03944 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 20460 ANTHONY DODSON I-201102033907 TFACS CONF 2/13 - 2/15 R 2/03/2011 228.9OCR 045682 228.90 17640 DOLLAR GENERAL - CHARGED SALES I-201101313887 COFFEE MAKER R 2/03/2011 57.25CR 045683 57.25 22960 EDM PUBLISHERS I-201102013894 BLDING PERMITS LAW BULLET R 2/03/2011 99.000R 045684 99.00 19270 FAMILY DOLLAR I-106470 DRINKS, MOPHEADS R 2/03/2011 99.25CR 045685 99.25 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750YD1012 BACKGROUND CHECKS R 2/03/2011 85.50CR 045686 85.50 14980 FORT BEND SERVICES, INC I-0164538-IN DRUM OF POLIMAR R 2/03/2011 894.50CR 045687 894.50 20640 FOSTERS LOCK SERVICE I-4743 REKEY DOORS AND AP DRAWER R 2/03/2011 74.000R 045688 74.00 16900 GST PUBLIC SAFETY SUPPLY I-2110000956 SHIRTS & NAME TAGS R 2/03/2011 161.95CR 045689 I-2110000957 SHIRTS & NAME TAGS R 2/03/2011 158445CR 045689 320.4O 22350 HARTWELL ENVIRONMENTAL CORP I-Dll-023 WELL#6 REPAIR R 2/03/2011 1,660.000R 045690 1,660.00 05510 IESI I-1200365162 DEC 2010 ROLLOFF R 2/03/2011 558.17CR 045691 558.17 01240 INLAND TRUCK PARTS, INC. I-18-44035 INSPECTION R 2/03/2011 62.000R 045692 62.00 21220 IRBY TOOL & SAFETY I-S005747693.001 GLOVE TESTING R 2/03/2011 95.19CR 045693 95.19 17060 LEAD 11 EXCELLENCE I-201102013895 CE - AUG 2010 - DEC 2011 R 2/03/2011 1,080.000R 045694 lf08OvOO 20790 LIBRARICA LLC I-203707-4R-INV CASSIE TECH SUPPORT R 2/03/2011 179olOCR 045695 179.10 2/03/2011 10:04 AM PACKET: 03944 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 3 CHECK CHECK CHECK CHECK �NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 01570 LOWE'S COMPANIES, INC. I-14993 13" CHOP SAW R 2/03/2011 219.00CR 045696 I-38137 HEATERS & HEAT TAPE R 2/03/2011 148.87CR 045696 I-914992 WASHERS & BOLTS R 2/03/2011 41.90CR 045696 409.77 04850 MICRO MARKETING ASSOC.LLC I-310110 BOOKS R 2/03/2011 178.02CR 045697 I-381604 AUDIO BOOKS R 2/03/2011 88.97CR 045697 266.99 05310 NTFFMA I-201102013899 2011 DUES R 2/03/2011 25.00CR 045698 25.00 22730 NOAH'S ARK ANIMAL SHELTER I-201102033908 12/7 - 12/24 SERVICES R 2/03/2011 2,400.00CR 045699 2,400.00 08870 NORTHERN TOOL . I-23239629 LEATHER WELDING JACKET R 2/03/2011 66.99CR 045700 66.99 08690 O'REILLY AUTO PARTS I-274488 DE-ICER R 2/03/2011 5.98CR 045701 I-274965 BATTERIES R 2/03/2011 163668CR 045701 I-275065 BATTERIES R 2/03/2011 310.67CR 045701 480.33 70 OFFICE DEPOT I-201102023901 PAPER, MOUSE, INK CART R 2/03/2011 255.82CR 045702 I-201102023902 PAPER, MOUSE, INK CART R 2/03/2011 54.16CR 045702 1-548124326001 PAPER, PARCHMENT R 2/03/2011 53.12CR 045702 I-548124415001 PAPER, PARCHMENT R 2/03/2011 16.53CR 045702 379.63 21710 PAUL JONES DRYWALL I-1101 WTR WAREHOUSE 212 RR R 2/03/2011 350.00CR 045703 350.00 08300 JONATHAN PERKINS I-201102033906 FORENSICS FOR 1ST RESPOND R 2/03/2011 12.50CR 045704 12.50 17260 QUEST CARE I-1210 OCT 2010 R 2/03/2011 500*00CR 045705 500.00 02120 QUILL, INC. I-1801316 OFFICE SUPPLIES R 2/03/2011 236.47CR 045706 236.47 09550 SOUTHWEST CHEMICAL, I NC. I-90944 CHLORINE CYLINDER R 2/03/2011 31060.00CR 045707 31060.00 2/03/2011 10:04 AM PACKET: 03944 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 4 CHECK CHECK CHECK CHECK ZNDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 18620 STERICYCLE I-4002286036 BIO PICK-UP R 2/03/2011 23.27CR 045708 23.27 02690 TECHLINE, INC. I-1447587-00 FIXTURE,BALLAST,URD,BULBS R 2/03/2011 7,590.97CR 045709 I-1447594-00 PRIMARY URD CABLE R 2/03/2011 6,462.50CR 045709 I-3050763-00 FIRE RETARDANT JACKETS R 2/03/2011 881400CR 045709 14,934.47 05720 TEXAS MONTHLY CUSTOM PUBLISHING I-10297 AD FOR ECONOMIC DEV GUIDE R 2/03/2011 3,525*00CR 045710 3,525.00 09010 TML I-201102013896 MEMBERSHIP SERVICE FEE R 2/03/2011 1,536*00CR 045711 1,536.00 16400 UTA / BUILDING PROFESSIONAL INSTITUTE I-201102013893 WOOD FRAMING/WALL BRACING R 2/03/2011 40.000R 045712 40.00 03440 VERMEER EQUIP. OF TEXAS I-F66430 HIGH IDLE CLUTCH SWITCH R 2/03/2011 45.13CR 045713 45.13 22910 WEAVER AND TIDWELL, LLP I-133227 SEPT 2010 AUDIT R 2/03/2011 18,000*00CR 045714 18,000.00 320 WILDFIRE TRUCK & EQUIP I-6104 508E STROBE T671 R 2/03/2011 178.80CR 045715 178.80 15670 MICHELLE WILLIAMS I-201102033905 PARAMEDIC REFRESHER R 2/03/2011 62.50CR 045716 62.50 19160 WORKERS ASSISTANCE PROGRAM, INC. I-38226 DEC 2010 R 2/03/2011 144.18CR 045717 144.18 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 49 0.00 58,432.99 58,432.99 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 49 0.00 58,432.99 58,432.99 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 2/10/2011 4:07 PM A / P CHECK REGISTER PAGE: 1 PACKET: 03971 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 09600 AFLAC I-201102093932 AFLAC R 2/10/2011 114.04CR 045772 I-AF3201101113835 INSURANCE R 2/10/2011 75.01CR 045772 I-AF3201101263879 INSURANCE R 2/10/2011 75.01CR 045772 I-AFK201101113835 INSURANCE R 2/10/2011 65.25CR 045772 I-AFK201101263879 INSURANCE R 2/10/2011 65.25CR 045772 I-AFL201101113835 INSURANCE R 2/10/2011 957.27CR 045772 I-AFL201101263879 INSURANCE R 2/10/2011 957627CR 045772 2,309.10 01550 ATMOS I-201102103935 1/4 - 1/31 R 2/10/2011 261.82CR 045773 261.82 13080 BLUE CROSS BLUE SHIELD I-201102023904 BLUE CROSS BLUE SHIELD R 2/10/2011 167.24CR 045774 I-BHC201101263879 MEDICAL BCBS HI PPO CHILD R 2/10/2011 7,402.80CR 045774 I-BHF201101263879 MEDICAL BCBS HI PPO FAMILY R 2/10/2011 10,453.92CR 045774 I-BHO201101263879 MEDICAL HIGH PPO - EMPLOYEE R 2/10/2011 B,662.50CR 045774 I-BHS201101263879 MEDICAL BCBS HI PPO SPOUSE R 2/10/2011 4,054.62CR 045774 I-BPC201101113835 EMP PORTION CHILD COV R 2/10/2011 450.00CR 045774 I-BPC201101263879 EMP PORTION CHILD COV R 2/10/2011 450oOOCR 045774 I-BPF201101113835 EMP PORTION SPOUSE COV R 2/10/2011 1,375.00CR 045774 I-BPF201101263879 EMP PORTION SPOUSE COV R 2/10/2011 11375.00CR 045774 I-BPS201101113835 EMP PORTION - SP COV R 2/10/2011 300oOOCR 045774 I-BPS201101263879 EMP PORTION - SP COV R 2/10/2011 300.00CR 045774 34,991.0E 00600 CITY OF SANGER I-201102103934 12/13 - 1/11 R 2/10/2011 31,613.69CR 045775 31,613669 07850 CLEAT I-CLT201101113835 ASSOCIATION DUES EMPLOYEE R 2/10/2011 90.00CR 045776 I-CLT201101263879 ASSOCIATION DUES EMPLOYEE R 2/10/2011 90.00CR 045776 180.00 03320 COLONIAL LIFE INSURANCE C-201101283885 COLONIAL LIFE INSURANCE R 2/10/2011 0.02 045777 I-00L201101113835 HEALTH INSURANCE R 2/10/2011 11.BOCR 045777 I-COL201101263879 HEALTH INSURANCE R 2/10/2011 11.8OCR 045777 I-LIF201101113835 LIFE INSURANCE R 2/10/2011 58.83CR 045777 I-LIF201101263879 LIFE INSURANCE R 2/10/2011 58.83CR 045777 141.24 18650 FORT DEARBORN LIFE INSURANCE I-201102093931 FORT DEARBORN LIFE INSURANCE R 2/10/2011 4.SBCR 045778 I-FD1201101263879 LIFE INSURANCE - REDUCED AMT R 2/10/2011 2.44CR 045778 I-FTD201101263879 EMPLOYEE LIFE INSURANCE R 2/10/2011 225.25CR 045778 232.27 2/10/2011 4:07 PM A / P CHECK REGISTER PAGE: 2 PACKET: 03971 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 05510 IESI I-201102103937 JAN 2011 R 2/10/2011 45,494.66CR 045779 45,494.66 10610 LEADERSLIFE INS. COMPANY I-LLI201101113835 LIFE INSURANCE R 2/10/2011 60.64CR 045780 I-LLI201101263879 LIFE INSURANCE R 2/10/2011 60.68CR 045780 121.32 05400 PRE -PAID LEGAL CASUALTY I-PPL201101113835 PREPAID LEGAL SERVICES R 2/10/2011 7.48CR 045781 I-PPL201101263879 PREPAID LEGAL SERVICES R 2/10/2011 7.48CR 045781 14.96 13380 SANGER BANK I-201102103936 07071866 00055 # 67 R 2/10/2011 11542.07CR 045782 1/542407 17400 PRECIOUS STAFFORD I-020211 1/24 - 1/28 R 2/10/2011 220.000R 045783 1-020711 2/2 - 2/4 R 2/10/2011 550400CR 045783 770.00 06770 SUN LIFE FINANCIAL I-201102023903 SUN LIFE FINANCIAL R 2/10/2011 48.95CR 045784 I-SLD201101113835 DEPENDENT DENTAL R 2/10/2011 145.68CR 045784 I-SLD201101263879 DEPENDENT DENTAL R 2/10/2011 145956CR 045784 I-SLF201101113835 FAMILY DENTAL R 2/10/2011 408o8OCR 045784 I-SLF201101263879 FAMILY DENTAL R 2/10/2011 408.66CR 045784 I-SLS201101263879 EMPLOYEE DENTAL R 2/10/2011 1,357.40CR 045784 2,515.05 00100 TMRS I-RET201101113835 TMRS R 2/10/2011 14,343.97CR 045785 I-RET201101263879 TMRS R 2/10/2011 14,315.22CR 045785 I-RET201102103933 TMRS R 2/10/2011 75.61CR 045785 280734080 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 14 0.00 148,922.06 148,922.06 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 14 0.00 148,922.06 148,922.06 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 2/15/2011 5:12 PM PACKET: 03978 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 1 CHECK CHECK CHECK CHECK �LNDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 18100 AMERICAN MUNICIPAL SERVICES I-7339 BAD DEBT COLLECTION R 2/15/2011 66.04CR 045788 66.04 22620 ARAMARK UNIFORM SERVICE I-551-2B28739 UNIFORM RENTAL R 2/15/2011 391.71CR 045789 391.71 02460 AT&T MOBILITY I-201102093929 12/23 - 1/22 R 2/15/2011 213.03CR 045790 213.03 00420 BOUND TREE MEDICAL, LLC I-80536947 2ND QTR SUPPLIES R 2/15/2011 276.90CR 045791 I-80538253 2ND QTR SUPPLIES R 2/15/2011 15.10CR 045791 292.00 22720 BWI I-263195C 60 BOOKS BABYGARTEN R 2/15/2011 22.60CR 045792 22.60 14560 C & G WHOLESALE I-35233 UNIFORMS -PARKER & BISHOP R 2/15/2011 354.18CR 045793 I-35236 UNIFORMS -PARKER & BISHOP R 2/15/2011 256.90CR 045793 611.08 00640 COMMERCIAL SERVICES I-201102043912 ICE MACHINE LEASE R 2/15/2011 400aOOCR 045794 400.00 300 COSERV ELECTRIC I-201102093930 12/5 - 1/27 R 2/15/2011 1,323.22CR 045795 1,323.22 08770 CPI OFFICE PRODUCTS C-C2770028-0 TONER,USB,BINDER DIVIDER R 2/15/2011 24.44 045796 I-2767102-0 TONER,USB,BINDER DIVIDER R 2/15/2011 275.13CR 045796 I-2769973-0 TONER,USB,BINDER DIVIDER R 2/15/2011 63.33CR 045796 314.02 03140 DATA FLOW: CLASSIC COMPUTER SUPPLIES, INC. I-59390 UT/DISCONNECT BILLS R 2/15/2011 11074449CR 045797 lf074,49 08460 DELL COMPUTERS, LLP I-XF71RN816 SERVER R 2/15/2011 31325.79CR 04579E 3,325.79 22040 DFW CAMPER I-A197245 LOCKING PINS R 2/15/2011 118.50CR 045799 118.50 10170 DIVERSIFIED INSPECTIONS, INC. I-196857 SAFETY INSPECTIONS R 2/15/2011 21719.20CR 045800 21719.20 2/15/2011 5:12 PM PACKET: 03978 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 2 CHECK CHECK CHECK CHECK �NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 06080 DONALD PADDACK FERTILIZER I-255671 SALT FOR SIDEWALKS R 2/15/2011 18.40CR 045801 18.40 18790 FUELMAN I-NP28209986 FUEL 1/3 - 1/9 R 2/15/2011 2,290.57CR 045802 I-NP28279516 FUEL 1/10 - 1/16 R 2/15/2011 2,523.67CR 045802 I-NP28342651 FUEL 1/17 - 1/23 R 2/15/2011 1,865.98CR 045802 I-NP28411634 FUEL 1/24 - 1/30 R 2/15/2011 2,451.04CR 045802 9,131.26 22890 HUFFMAN & HUFFMAN INC. I-4 5TH & PLUM WATER LINE R 2/15/2011 21964.50CR 045803 I-6 BOLIVAR ST SEWER LINE R 2/15/2011 318OB.00CR 045803 I-8 BOLIVAR ST SEWER LINE R 2/15/2011 101400.00CR 045803 17,172.50 05510 IESI I-1200367602 DEC 2010 ROLLOFF R 2/15/2011 93.64CR 045804 93.64 20220 INGRAM I-56942382 13 BOOKS 1 AUDIO R 2/15/2011 29.74CR 045805 29.74 01380 KARL-KLEMENT FORD, INC. I-254106 AIR BRAKE CONTROL SWITCH R 2/15/2011 20.22CR 045806 20.22 )70 LEE REDFEARN PLUMBING I-2161 REPAIR WTR LINE IN ATTIC R 2/15/2011 158.00CR 045807 158.00 1 LIFE LINE SCREENING I-201102153943 LIFE LINE R 2/15/2011 270.00CR 045B08 270.00 08680 LOCKE SUPPLY I-14585733-00 120V INSTANT BALLAST R 2/15/2011 200.28CR 045809 200.28 10880 LOOKOUT BOOKS I-ARU0092496 BOOKS R 2/15/2011 154.65CR 045810 154.65 04130 NTCMA I-201102093927 2011 DUES R 2/15/2011 65.00CR 045811 65.00 08690 O'REILLY AUTO PARTS I-1959-279806 BATTERIES UNIT # 49-58 R 2/15/2011 221.95CR 045812 I-201102143941 SHOP SUPPLIES R 2/15/2011 214.78CR 045812 I-201102143942 SHOP SUPPLIES R 2/15/2011 106.26CR 045812 I-277615 SHOP SUPPLIES R 2/15/2011 56.31CR 045812 I-278664 JUMP BOX AND BOOSTER CABL R 2/15/2011 114.98CR 045812 I-278716 BATTERIES R 2/15/2011 119.98CR 045812 834.26 2/15/2011 5:12 PM PACKET: 03978 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 3 CHECK CHECK �NDOR NAME / I.D. DESC TYPE DATE 02970 OFFICE DEPOT I-551099268001 SERIAL TO USB ADAPTER R 2/15/2011 12710 PETTIT MACHINERY, INC I-201102113940 CHAINSAW,POLE SAW, PARTS R 2/15/2011 22880 PRODUCTIVITY CENTER, INC. I-201102093928 ONLINE OFFICER REGISTRY R 2/15/2011 17260 QUEST CARE I-0111 OCT 2010 R 2/15/2011 02120 QUILL, INC. I-1815362 OFFICE SUPPLIES R 2/15/2011 I-1850672 OFFICE SUPPLIES R 2/15/2011 02140 RADIO SHACK I-10043011 POWER STRIP R 2/15/2011 05290 RED WING I-201799 RED WING SHOES - 780 R 2/15/2011 08230 RELIABLE OFFICE SUPPLIES I-YQB73500 DATA BINDERS,PAPER,MARKER R 2/15/2011 I-YQB73501 DATA BINDERS,PAPER,MARKER R 2/15/2011 12820 RICOH AMERICAS CORP. I-409619268 MAINTENANCE AGREEMENT R 2/15/2011 11170 RICOH AMERICAS CORP:QDS I-18524895 COPIER LEASE R 2/15/2011 I-18604991 COPIER LEASE R 2/15/2011 09240 STURM WELDING SHOP INC I-65304 WORK STEP&RCVING HITCH R 2/15/2011 02690 TECHLINE, INC. I-14475B7-01 FIXTURE,BALLAST,URD,BULBS R 2/15/2011 17380 THE GLOVE GUY I-15-340 PIGSKIN GLOVES R 2/15/2011 CHECK DISCOUNT AMOUNT NO# 9.85CR 045813 330.72CR 045814 295.000R 095B15 500.000R 045816 13.30CR 045817 10.79CR 045817 34.99CR 045818 157.24CR 045819 100.95CR 045820 25.77CR 045820 856.000R 045821 205.33CR 045822 227.71CR 045822 936.50CR 045823 912.000R 045829 132.000R 045825 CHECK AMOUNT 9.85 330.72 295.00 500.00 24.09 34.99 157.24 126.72 856.00 936.50 912.00 132.00 2/15/2011 5:12 PM PACKET: 03978 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 4 NDOR NAME / I.D. DESC 09040 J RANDY THOMPSON I-115307 STREAMLIGHT FLASHLIGHT I-115747 FLYWHEEL/FAN CLUTCH TOOL 19260 TYLER TECHNOLOGIES I-7979 12MO MONTHLY INSITE/WEB I-7980 12MO MONTYLY FEE I-8089 ACCT RECV MODULE I-8475 ACCT RECV MODULE 22910 WEAVER AND TIDWELL, LLP I-134136 PROGRESS BILL -SEPT 2010 19160 WORKERS ASSISTANCE PROGRAM, INC. I-38380 JAN 2011 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 CHECK TYPE DATE R 2/15/2011 R 2/15/2011 R 2/15/2011 R 2/15/2011 R 2/15/2011 R 2/15/2011 R 2/15/2011 R 2/15/2011 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 156.00CR 095826 51.99CR 045826 207.99 110.00CR 045827 125.00CR 045827 1,927450CR 045827 495.00CR 045827 2,657.50 10,000.00CR 045828 10,000.00 149.52CR 045829 149.52 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 42 0.00 56,782.79 56,782.79 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 42 0.00 56,782.79 56,782.79 2/25/2011 8:53 AM DIRECT PAYABLES CHECK REGISTER PACKET: 03997 Direct PayablesCM VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT 40OR I.D. NAME 18430 FIRST UNITED BANK I-201102253974 BRAZOS DEC 21 - JAN 20 ** B A N K T O T A L S ** NO# REGULAR CHECKS: 1 HANDWRITTEN CHECKS: 0 PRE -WRITE CHECKS: 0 DRAFTS: 0 VOID CHECKS: 0 NON CHECKS: 0 CORRECTIONS: 0 PAGE: 1 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# AMOUNT R 2/25/2011 10,524.72 045895 10,524.72 DISCOUNTS CHECK AMT TOTAL APPLIED O.00 10,524.72 10,524.72 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BANK TOTALS: 1 0.00 10,529.72 10,524.72 COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes L,<j Not Applicable ❑ Yes ® Not Applicable Council Meeting Date: March 7,2011 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date _lV—l/ ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER N AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discuss, Consider, and Possibly Act on Approving Interlocal Marketing Agreement With Utility Service Partners Private Label, Inc., d/b/a Service Line Warranties of American ("SWLA"). FINANCIAL SUMMARY NN/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE Rap ❑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 ❑S Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This item will be covered in detail during the Work Session. STAFF OPTIONS & RECOMMENDATION List of Supporting. Documents: • Interlocal Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: 0 None City of Sanger, TX RE: Marketing Agreement with Utility Service Partners Private Label, Inc. d/b/a Service Line Warranties of America ("SLWA") We have discussed entering into a marketing agreement between the City of Sanger "Sanger" and SLWA. SLWA provides affordable utility service line warranties to consumers. It is SLWA's understanding that, in consideration of the License Fee (as defined below) to be paid by SLWA to Sanger, Sanger has agreed to cooperate with SLWA in marketing SLWA's services to Sanger's residents and homeowners (the "Residents") as described below: 1. Sanger hereby grants to each of SLWA anon -exclusive license to use Sanger's name and logos on letterhead and marketing materials to be sent to the Residents from time to time, and to be used in advertising, all at SLWA' sole cost and expense and subject to Sanger's prior review and approval, which will not be unreasonably conditioned, delayed, or withheld. 2. As consideration for such license, SLWA will be jointly and severally liable to pay to Sanger, within 30 days of the end of the final calendar quarter, 10% of the revenue from USP warranty subscriptions collected from the Residents during such calendar year (the "License Fee"), together with a statement certifying collections of such USP revenue, so long as this marketing agreement remains in effect. Sanger will have the right, at its expense, to conduct an annual audit, upon reasonable notice and during, normal business hours, of SLWA' books and records pertaining to sales to the Residents while this marketing agreement is in effect and for one year after any termination of this marketing agreement. 3. The term of this marketing agreement will be for one year from the date of the execution of the acknowledgement below and this agreement will then renew on an annual basis unless one of the parties gives the other advance written notice of at least 90 days that it does not intend to renew this marketing agreement. Sanger may terminate this marketing agreement 30 days after giving notice to SLWA that one or both of them are in material breach of this agreement if such breach is not cured during such 30-day period. SLWA will be permitted to complete any marketing initiative initiated or planned prior to the effective date of any termination of this marketing agreement and shall pay the License Fee to the Sanger for the calendar year in which this marketing agreement is terminated after which time, except for SLWA' obligation to permit Sanger to conduct an audit as described above, neither party will have any further obligations to the other and the license described in this letter will terminate. 4. SLWA shall, jointly and severally, indemnify, hold harmless, and defend Sanger, its elected officials, appointed officials, and employees from and against any loss, claim, liability, damage, or expense that any of them may suffer, sustain or become subject to in connection with any third party claim (each a "Claim") resulting from the negligence or willfulness of SLWA in connection with, arising out of or by reason of this marketing agreement, provided that the applicable indemnitee notifies SLWA of any such Claim within a time that does not prejudice the ability of SLWA to defend against such Claim. Any indemnitee hereunder may participate in its, his, or her own defense, but will be responsible for all costs incurred, including reasonable attorneys' fees, in connection with such participation in such defense. If Sanger agrees that the foregoing fully and accurately describes the agreement between Sanger and SLWA, please arrange to have a duly authorized representative of Sanger execute and date the acknowledgement below in each of the duplicate original versions of this letter and return one to me in the enclosed self-addressed stamped envelope. If you have any questions or wish to further discuss this marketing agreement, please do not hesitate to contact me. Very truly yours, Utility Service Partners Private Label, Inc. I� Print Name: Title: By: Print Name: Title: Acknowledged and Agreed: Sanger hereby acknowledges and agrees that the foregoing letter fairly and accurately describes the agreement between Sanger and SLWA as of the date of this acknowledgement. City of Sanger: By: Print Name: Title: Date: INTERLOCAL AGREEMENT FOR A COOPERATIVE PROGRAM FOR SERVICE LINE PROTECTION PROGRAMS THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, Texas 76011, and City of Sanger, Texas, a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas), hereinafter referred to as "Participant," created and operated to provide one or more governmental functions and services, and having its principal place of business at 502 Elm Street, Sanger, Texas. WITNESSETH WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, NCTCOG has performed the due diligence process for a Water Service Line Protection Program for local municipalities; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services; and WHEREAS, in reliance on such authority, NCTCOG has a cooperative program under which it contracts with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has authorized this Agreement on 2011, and that it desires to contract with NCTCOG on the terms set forth below; and WHEREAS, NCTCOG's Executive Board approved a resolution to provide these services through Interlocal agreements at its January 27, 2011 board meeting•, NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows: ARTICLE I LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Acf because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas) or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS NCTCOG and the Participant agree that this Agreement shall be governed by and subject to all applicable state and federal laws, statutes, rules and regulations in effect or promulgated during the term of this Agreement, whether or not cited herein, including the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code... ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto regarding the subject matter herein described, and supersede any and all prior oral and written agreements between the parties relating to the matters set forth herein. ARTICLE 4: MASTER CONTRACT NCTCOG AND Utility Service Partners Private Label, Inc. ("USP") have entered into a Master Contract calling for USP to provide line repair coverage to homeowners residing within the jurisdiction of the Participant for water lines and sewer lines as part of a protection program. Furthermore it is anticipated that ITSP will enter into Letters of Engagement with subscribing Participants outlining the services to be Interlocal Agreement - 2/8/2011 provided to the citizens of Participant The initial term of the Master Agreement is three (3) years with a maximum of three (3) one (1) year renewals for a total, maximum term of six (6) years. NCTCOG shall act as a facilitator only with regard to the program, it being understood that the direct contractual relationship between USP and the Participant shall control the nature and extent of services to be provided. NCTCOG shall have no direct contractual relationship with Participant regarding this service other than to facilitate the program. Participants will be entitled to receive a portion of the revenues received by USP from citizens within their jurisdiction as more fully described in the Master Contract and the Letters of Engagement. No payments will be made by NCTCOG to the Participant or from the Participant to NCTCOG. ARTICLE 5: ELECTION TO PARTICIPATE/TERMINATION. By electing to execute this Agreement Participant acknowledges that it is subscribing to this service with USP for the term and upon the conditions set out in the Letter of Agreement and the adjoining Master Contract. NCTCOG and Participant may terminate this Agreement for any reason upon thirty (30) days prior written notice to the other. ARTICLE 6: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: *Denotes required frelds NOTE• Facsimile copies ofthis document will not be acceptable as ORIGINALS. r City of Sanger, Texas P.O. Box 1729 Sanger Texas 76266 *By, Signature of Authorized Official Thomas Muir Y Mayor Date North Central Texas Council of Governments 616 Six Flags Drive, Arlington, Texas 76011 *gy. Signahire of Authorized Official Y Typed Name of Authorized Official Typed Title of Authorized Official Date Interlocal Agreement - 2/8/2011 COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes IN Not Applicable ❑ Yes ® Not Applicable Council Meeting Date: March 7, 2011 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE Z RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discuss, Consider, and Possibly Act on Approving Resolution #R02-13-11 - Supporting the Legislative Activity and Goals of the Atmos Texas Municipalities ("ATM"). FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This resolution supports ATM in its efforts to oppose legislation that would be detrimental to cities regarding the delivery of natural gas to our citizens. ATM is the group that negotiates with Atmos on rate increases. STAFF OPTIONS & RECOMMENDATION Staff recommends. List of Supporting Documents: • Resolution Prior Action/Review by Council, Boards, Commissions or Other Agencies: • None AGENDA INFORMATION SHEET RESOLUTION TO SUPPORT THE LEGISLATIVE ACTIVITIES OF ATMOS TEXAS MUNICIPALITIES DURING THE 82ND SESSION OF THE TEXAS LEGISLATURE AS THEY AFFECT GAS UTILITY RATEMAKING ATMOS TEXAS MUNCIPALITIES The City has participated with a coalition of cities, known as Atmos Texas Municipalities ("ATM"), in Atmos Energy rate cases. The coalition was formed more than ten years ago to respond to rate increase requests by Atmos and a predecessor gas company. ATM has been active in many rate proceedings at the Railroad Commission of Texas. The Commission has appellate jurisdiction of all gas utility rate cases filed with the City. Last session ATM was active at the Legislature in preserving original jurisdiction for cities to set gas utility rates. ATM functions through a Steering Committee of representatives from its member cities. MONEY ATM has money on hand so that it will not be necessary to have any member city contribute monetarily to the legislative effort. VERY IMPORTANT LEGISLATIVE SESSION This session is extremely important. The Railroad Commission, which administers the Gas Utility Regulatory Act, is up for Sunset Review. During the Sunset Review process the Legislature decides whether to continue or alter the agency or reconstitute it in a new form. The Legislature may amend or abolish any of the laws which the agency administers. Prior to the beginning of the session the Sunset Advisory Commission recommended that the Railroad Commission be abolished and that a new agency known as the Texas Oil and Gas Commission be established to undertake most of its functions. Instead of three elected commissioners, the Advisory Commission recommended that the new agency would be run by one commissioner appointed by the Governor. It is to be expected that several gas companies are going to push for a new regulatory process which would allow for annual rate increases based upon a formula or upon pre- set criteria with very little review of revenues and expenses. All gas utility regulation is on the table this session including provisions which allow for gas companies to charge ratepayers for taxes which are not paid to the Internal Revenue Service. RECOMMENDATION It is recommended by the Steering Committee of Atmos Texas Municipalities that the resolution be adopted. The City is invited to participate with the Steering Committee. A Sunset Review session only comes about every twelve (12) years. Municipalities play a vital role in seeing that gas utility rates are set in a manner which results in just and reasonable rates. This vital role is at risk without significant participation at the Capitol by municipal coalitions like ATM. RESOLUTION # R03-13A 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, SUPPORTING THE LEGISLATIVE ACTIVITY AND GOALS OF THE ATMOS TEXAS MUNICIPALITIES ("ATM") BEFORE THE TEXAS LEGISLATURE AS THEY RELATE TO THE SETTING OF NATURAL GAS RATES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Sanger, Texas, hereinafter referred to as "City," is a member of Atmos Texas Municipalities ("ATM"); and, WHEREAS, ATM has participated in numerous gas utility ratemaking proceedings before the Railroad Commission of Texas ("RRC"); and, WHEREASdring the 82�d , u Regular Session of the Texas Legislature the Railroad Commission, which sets gas utility rates on appeal from decisions made by municipalities, is up for sunset review; and, WHEREAS, during sunset review the Legislature may consider abolishing or reconstituting the RRC and amending, altering or eliminating laws which affect gas utility ratemaking; and, WHEREAS, the City supports ATM's participation at the 82�d Texas Legislature in order to improve regulatory decision -making in gas utility ratemaking proceedings both before the City and before any state agency that is authorized to set rates that affect ratepayers within the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The City directs ATM to oppose legislation which allows for: ® Annual rate increases based upon a formula or pre-set criteria. • The elimination or reduction in the ability of incorporated municipalities to exercise original jurisdiction to set rates. • The imposition of taxes on ratepayers which are not paid by the gas utility to the Internal Revenue Service or the Texas Comptroller of Accounts; • The setting of rates which unfairly burden low use customers. • The setting of rates which promote the waste or inefficient use of natural gas. • Reduction in the number of Commissioners of the Railroad Commission or its successor agency to less than three. • The setting of rates which does not permit a complete and thorough review of capital. expenditures by gas utilities. Section 3. The City directs ATM to support legislation which allows for: • The transfer of gas utility ratemaking functions to the Public Utility Commission. • The continuation of original jurisdiction by municipalities over gas utility ratemaking. • The State Office of Administrative Hearings ("SOAH") to preside over all contested hearings involving gas utility ratemaking where a state regulatory agency is exercising original or appellate jurisdiction. • The designing of rates which encourage the wise and efficient use of natural gas. Section 4. The City authorizes the ATM Steering Committee to hire and direct legislative advocates to act on its behalf during the 82nd Regular Session of the Texas Legislature. Section 5. The City is not obligated to support the ATM legislative effort out of its own funds. Section 6. That a copy of this resolution shall be sent to Mr. Jim Boyle, Herrera &Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701. Section 7. That the meeting at which the aforesaid bid was accepted was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 8. That this resolution shall become effective from and after its passage. PASSED AND APPROVED this day of Thomas Muir, Mayor ATTEST: Tami Taber, City Secretary . 2011. Tami Taber rom: Mike Brice [mbrice@sangertexas.org] Sent. Thursday, February 03, 2011 1:30 PM To: 'Tami Taber'; 'Cheryl Price' Subject. FW: ATM Legislative Efforts for 2011 Attachments. R UTILITY ATM 2011 LOBBY GENERIC 2-10-11 2011, DOCX Follow Up Flag: Follow up Flag Status. Flagged Please place on 2/22 agenda DOCX; AIS GENERIC ATM LEGIS From: Lindsey Boyett jmailto:Iboyett@longviewtexas.govl Sent: Thursday, February 03, 2011 10*18 AM To: Linda Boshek; Pat McGowan; Danny Parker; Hugh Walkers Amy Harris; Troy Emery; Jose Madrigals Rob Lindsey; Clark Cornwell; Rondella Hawkins; Sam Listi; Andrea Gardner; Connie Standridge; Cathy McMullan; Sharon Talbert; Luis Lobos Roger Mumby; Debra Newell; Steve Alexander; Bill Funderburk; Cindy Scotts Sharon Johnson; Kathy DuBose; Shannon DePrater, Stephen Seidel; Tammy Ard; Cindy Gross; Antonio Puente; John Knight, Michael Copeland; Stephen Giesbrecht; Michael Stoldt; Shannon Eichblatt; Larry Brown; Brandon Wades Christa Dreamer; Karen Thompson; Lauri Gillam; Jeff Jenkins; Marc Clayton; Paul Hayers; Terri Newhouse; Anita Mueller; Adabeth Routt; Jim Briggs; Laura Wilkins; Patti Soto; Martha Stanton; Stuart Neal; Dee Arcos; Ron Berryman; Lance Vanzant; Ed Thatcher; Laurie Mays; Stephanie Galanides; Alfred Herrera; Jim Boyles Karen Musgrove; Betty Harrell; Jerry Barker; Jack Harper; Karen Narren; Beth Nolan; Charles McLean, Laurie Brewer; David Willard; Jim Finley; Lindsey Boyett; Robert Rays Lee Lawrence; Kelvin Knauf; Cheryl Delaney; Cindy Demers; David Kautz; Steve Sheets; Sara White; Abby Johnson; Harold Dominguez; Lysia Bowling; Mike Brice; Diane Evans; Brent Money; J. Gayle; Monte Akers; Judy Nelson; Chuck Upton; Billie Swope; Barbara Pederson; Ann McCord; David Ivey, Beth Nemeth Subject: ATM Legislative Efforts for 2011 Per Jim Finley, please see the attached message and documents below. Thank you. Dear ATM Member Cities: Recently the Atmos Texas Municipalities (ATM) Steering Committee had a conference call regarding involvement of the group in the upcoming 2011 Legislature. This session is extremely important. The Railroad Commission is up for Sunset Review and the gas utilities are seeking formula based rate -making which results in little meaningful review of expenses and revenues. Your city has either participated in ATM's efforts in the past or our group would like to extend an offered to your City to participate. Several issues could arise during the upcoming session, therefore, the Steering Committee decided it was important to have a lobbyist in Austin to monitor legislative proposals and act on behalf of our interest. ATM has employed Jim Boyle of Herrera & Boyle, during previous legislative sessions in the same role and is recommending him to act in this capacity during the 2011 Session. ATM has money on hand so that it will not be necessary to have any member city contribute monetarily to this legislative effort. The united efforts of ATM members has been and is essential for our successes in gas related issues. In order maximize the effectiveness of our legislative priorities a showing of a broad base of united cities is essential; therefore, we are asking the cities to pass the attached resolution as soon as practicable. Please feel free to make any necessary changes to the resolution as required by your city for adoption. Once it is passed, you will need to scan in and e-mail a signed copy to my legal assistant, Lindsey Boyett, at Iboyett longviewtexas.gov Alternatively, you can fax to her at 303.237610939 If you have any questions please contact Jim Boyle at 512-474-1492 I thank you in advance for your attention to this matter. Jim Finley City Attorney, Longview, Texas Thanks, Lindsey Boyett City Attorney's Office City of Longview 903.237.1091-Office Iboyett LongviewTexas.gov www.LongviewTexas.gov This email and any files transmitted with it are confidential and intended solely for the individual or entity to whom they are addressed. If you have received this email in error destroy it immediately. City of Longview. 2 502 Elm Street Sanger, TX 76266 940-458-7930 ■ Fax 940458-4180 To: Mayor and Council From: Mike Brice, City Manager Date: 2/28/2011 Re: Budget Amendment #1 Periodically throughout the year budgets need to be adjusted due to unanticipated costs. This will be our first budget amendment this year. The need for each amendment is addressed below. I am requesting the following amendments to the 2010-11 Budget: General Fund Expenditure Account Current Budget New Budget 001-22-5245 Animal Care 001-22-6020 Building Improvements $12,000 To cover costs associated with Noah's Ark and shelter improvements. 001-26-5426 Credit Card Fees $ 750 To cover the costs associated with increased credit card payment processing. 001-26-5451 Software Support $20,000 $ 6,200 To cover the costs associated for software enhancements associated with the Scofflaw program. General Fund Revenue Account Current Budget New Budget 001-00-4910 Miscellaneous Revenue $40,000 $55,950 Enterprise Fund Expenditure Account Current Budget New Budget. 008-19-5426 Credit Card Fees 008-50-5373 R&M Water Wells $44,500 008-74-7403 Transfer to Capital Projects *This transfer will be from the fund balance of the Enterprise Fund, no off setting revenue. Enterprise Fund Revenue Account Current Budget New Budget 008-00-4910 Miscellaneous Revenue $25,000 $61,400 We had no history to go on when we budgeted for credit card fees last year. Credit card use has been greater than anticipated. The increase in R&M water wells is for the replacement of the pump at the McReynolds Road well that was hit by lightening and burned up and replacement of the pump at well #2. The transfer to Capital Projects is excess revenue to help with the cost of the sports park. Our current fund balance is over $1,400, 000. Thank you for your consideration. Page2of2 .�ngeh TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes N Not Applicable ❑ Yes Not Applicable Council Meeting Date: March 7, 2011 Submitted By: Mike Brice City Manager Reviewed/Approval Initials ❑ Date ACTION REQUESTED: ®ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discussion and Action covering the Flood Damage Prevention Ordinance. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE Flop []BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM FEMA has updated and released the final Flood Insurance Rate Map (FIRM) covering the North Texas Regional Area. Recommended changes from our existing Flood Prevention Ordinance are noted by section numbers in the attached summary memo. STAFF OPTIONS & RECOMMENDATION Staff recommends approval of Flood Damage Prevention Ordinance as presented. List of Supporting Documents/Exhibits Attached: Summary of Modifications Prior Action/Review by Council, Boards, Commissions or Other Agencies: EAAA PUBLIC WORKS DEPARTMENT/ ENGINEERING DEPARTMENT 201 Bolivar Street Sanger, Texas 76266 940,458,2059 (0) 940,458,4072 (F) to: City Council Members From: Robert Woods, P.E. Public Works Director/City Engineer cc: Mike Brice, City Manager Date: 02/10/2011 Re: Summary of Modifications to Flood Damage Prevention Ordinance This letter is to outline the modification to the Flood Damage Prevention Ordinance. These changes are being brought about from the re -issue of Flood Insurance Rate Map (FIRM). Recommended changes from our existing Flood Prevention Ordinance are noted by section and article numbers. The recommended changes are as follows: Flood Damage Prevention Ordinance: SECTION 3.901: STATUTORY AUTHORIZATION, FINDINGS OF FACT , PURPOSE AND METHODS Section A-D: No changes made; SECTION 3.902: DEFINITIONS The followindefinitions have been added, modified or removed from the proposed ordinance: Appurtenant Structure, Area of Future Conditions Flood Hazard, Base Flood Elevation, Flood Elevation Study, Regulatory Floodway, Regulatory Floodway, Riverine and Special Flood Hazard Area, g SECTION 3.903: GENERAL PROVISIONS Section B the following changes were made; (B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas, dated April 18, 2011, with Flood Insurance Rate Map (FIRM), dated April 18, 2011; and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION 3.904: ADMINISTRATION (A): No changes were made. (B) DUTIES &RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Paragraph 6 was modified to read as follows: Mal Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (C) No changes were made; (D)VARIANCE PROCEDURES The following paragraph was modified; Paragraph (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. The Zoning Board of Ad'lustment shall act as the Appeal Board covering this matter. This sentence was added to the ordinance for clarification purposes. SECTION 3.905: PROVISIONS FOR FLOOD HAZARD REDUCTION (B) SPECIFIC STANDARDS Paragraph (1) reads as was passed in Ordinance 05-11-10 adopted 5/3/2010: Residential Construction - Residential Construction. New construction and substantial improvement of any residential structure on a lot where the final plat was filed after May 11 2010 shall have the lowest floor (including basement), elevated two feet (2') or more above the base flood elevation. New construction and substantial improvement of any residential structure on a lot where the final plat was filed before May 1, 2010 shall have the lowest floor (including basement), elevated one foot (1') or more above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in 3.904 (c) (1) (a), is satisfied. (C) STANDARDS FOR SUBDIVISION PROPOSALS An additional paragraph was added to the ordinance. Otd paragraph four and five have now become paragraph five and six respectively. The new paragraph (4) reads as follows Base flood elevation data, with the establishment of a floodway, shall be generated by a detailed engineering study for all Zone A areas, within 100 feet of the boundary lines of Zone A areas, and other streams not mapped by FEMA, as indicated on the community's FIRM. The following sections have been added to the ordinance for compliance and severability reasons. (G) SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. (H) PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than L2Q.00OO for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent City of Sanger from taking such other lawful action as is necessary to prevent or remedy any violation. ORDINANCE #03-2041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, AMENDING ARTICLE 3.900 FLOODPLAIN DAMAGE PREVENTION REGULATIONS IF IT CONFORMS TO THE FOLLOWING REQUIREMENTS: IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3, Article 3.09 "FLOODPLAIN DAMAGE PREVENTION" in the Code of Ordinances of the City of Sanger, Texas, Is Hereby Amended, which said article shall read as follows: FLOOD DAMAGE PREVENTION ORDINANCE SECTION 3.901: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS (A). STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City of Sanger, Texas does ordain as follows: (B). FINDINGS OF FACT (1) The flood hazard areas of Sanger are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and goverriinental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. (C) STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. (D) METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction, (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. SECTION 3.902: DEFINITIONS Unless specifically defined below, words or pin•ases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING -means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high -velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE — means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD —means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A 1-3 0, AE, A99, AR, AR/A 1-3 0, AR/AE, AR/AO, AR/AH, AR/A, V O, V l - 30, VE or V. BASE FLOOD -means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1- 00, AR, V 1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood. BASEMENT -means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL — means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT -means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING —means, for insurance purposes, anon -basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION -means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general inundation of normally dry land areas from: and temporary condition of partial or complete (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY —means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM) -means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) —see Flood Elevation Study FLOODPLAIN OR FLOOD -PRONE AREA -means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM -means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING -means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY —see Regarlatofy Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE -means the highest natural elevation of the ground surface prior to construction next to the proposed wails of a structure. HISTORIC STRUCTURE -means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified oi• preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, . designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR -means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDNISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -means, for• purposes of the National Flood Insurance Program, the North American Vertical Datum (NAND) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION -means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the consh•uction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (1) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY -means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. UVERINE — means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA —see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or. not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE —means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -means damage of any or•igiri sustained by a structure whereby the cost of restoringthe structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE — means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION -means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. SECTION 3.903: GENERAL PROVISIONS (A) LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard with the jurisdiction of San er Texas. (B) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas, dated April 18, 2011, with Flood Insurance Rate Map (FIRM), dated April 18, 2011; and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. (C) ESTABLISHMENT OF DEVELOPMENT PERMIT A F000dplain Development Permit shall be requu•ed to ensure conformance .with the provisions of this ordinance. (D) COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without frill compliance with the terms of this ordinance and other applicable regulations. (E) ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (F) INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. (G) WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION 3.904: ADMINISTRATION (A) DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The city manager or his designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. (B) DUTIES &RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection ail records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TDB) and also the Texas Commissi Won on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1- 30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. (C) PERMIT PROCEDIJI2ES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on foams furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodprooflng criteria of Section 3.905(b)(2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with subsection (b)(1); (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. (D) VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. The Zoning Board of Adjustments shall act as the Appeal Board covering this matter. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection c(2) of this Ordinance have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Section 3.901, (c)). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. [10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Section 3.904(d)(1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. SECTION 3.905: PROVISIONS FOR FLOOD HAZARD REDUCTION (A) GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (B) SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 3.903, (b), (ii), Section 3.904, (b)(8), or Section 3.905, (c)(3), the following provisions are required: (1) Residential Construction -Residential Construction. New construction and substantial improvement of any residential structure on a lot where the final plat was filed after May I, 2010 shall have the lowest floor (including basement), elevated two feet (2') or more above the base flood elevation. New construction and substantial improvement of any residential structure on a lot where the final plat was filed before May 1, 2010 shall have the lowest floor (including basement), elevated one foot (P) or more above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in 3.904 (c) (1) (a), is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to two (2) feet above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures -new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum iteri cra: (a) A minimum of two openings on separate walls having a total net area of not less than 1. square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to two (2) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of subsection (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at two (2) feet above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles -Require that recreationaLvehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be frilly licensed and ready for highway use, or (iii) meet the permit requirements of 3.904,(c)(1), and the elevation and anchoring requirements for "manufactured homes" in subsection (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (C) STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Section 3.901(b), (c), and (d) of this article. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Sections 3.903,(c); 3.904, (c); and the provisions of Section 3.905 of this article. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactued home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 3.903 (b) or Section 3.904, (b)(8) of this article. (4)Base flood elevation data, with the establishment of a floodway, shall be generated by a detailed engineering study for all Zone A areas, within 100 feet of the boundary lines of Zone A areas, and other streams not mapped by FEMA, as indicated on the community's FIRM. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (6) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (D) STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to two (2) feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). (2) All new construction and substantial improvements ofnon-residential structures; (a) have the lowest floor (including basement) elevated to two (2) feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplam Administrator that the standards of this Section, as proposed in Section 3.904, (c) are. satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (E) FLOODWAYS Floodways -located within areas of special flood bazar areas desib rated as floodways. Since the floodway is an velocity of flood waters which carry debris, potential proj (l) Encroachments are prohibited, including fill (2) If Section 3.905 (E) (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3.905. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. (4) Floodway easements shall be provided along natural drainage ways and lake reservations. Floodway easements shall encompass all areas beneath the water surface elevation of the base flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined and required by the floodplain administrator. (5) The following statement of restrictions shall be placed in the dedication instrument of the subdivision plat: "Floodway Easement Restriction: No construction shall be allowed within a floodway easement without the approval of the City of Sanger and then only after detailed engineering plans and studies show that no flooding will result." (F) FLOODPLAIN DEVELOPMENT Any land which in the natural state is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, resubdivided, or developed until receipt of evidence that the construction of specific improvements proposed by the developer can be accepted to yield a usable building site(s). Thereafter, the planning and zoning commission may recommend approval of the plat. However, construction upon such land shall be prohibited until the specific improvements have been planned and construction completed. (1) The following statement of restrictions shall be placed in the dedication instrument of the subdivision plat: "F000dplain Restriction: No construction or filling, without the approval of the City of Sanger shall be allowed within the floodplain area, and then only after detailed engineering plans and studies show that no flooding will result, that no obstruction to the natural flow of water will result and subject to all owners of the property affected by such construction becoming party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of thvo feet above base flood elevation." (G) SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstiizrtional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. (I1) PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $ 2000.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent City of Sanger from taking such other lawful action as is necessary to prevent or remedy any violation. (I) CERTIFICATION OF ADOPTION APPROVED: (community official) PASSED: (Adoption date) ORDINANCE BECOMES EFFECTIVE: 4/18/11 (Effective date) I, the undersigned, Tami Taber, City Secretary, do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the City of Sanger, at a regular meeting duly convened on March 7, 2011. (Signahu•e of Certifying Official) (SEAL) 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: March 7, 2011 Submitted By: Tami Taber City Manager Reviewed/Approval Initials 1,. Date ACTION REQUESTED: ®ORDINANCE ❑ RESoLUTIoN N APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discuss, Consider, and Possibly Act on Approving Ordinance #03-21-11 - Ordering and Providing Notice of a General Election Providing for Dates and Times and Place for Early .Voting by Personal Appearance; Approving a Joint Election Agreement and Contract With Denton County for Election Services; Proving an Open Meetings Clause 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 Approval of this ordinance would formally call the May 14, 2011, City Council election. It also I ndicates that the City will be entering into an election agreement with the Denton County Elections Administrator who is offering a "full service" joint election agreement just as they did last May. STAFF OPTIONS & RECOMMENDATION Staff recommends. List of Supporting Documents: • Ordinance, Agreement & Contract • Early Voting and Election'Day Polling Places & Times Prior Action/Review by Council, Boards, Commissions or Other Agencies: • None ORDINANCE 403-2141 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ORDERING AND PROVIDING NOTICE OF A GENERAL ELECTION PROVIDING FOR DATES, TIMES AND PLACE FOR EARLY VOTING BY PERSONAL APPEARANCE; APPROVING A CONTRACT FOR ELECTION SERVICES WITH DENTON COUNTY ELECTIONS ADMINISTRATOR; PROVIDING AN OPEN MEETINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. A municipal election is hereby ordered to be held on Saturday, May 14, 2011, such date being a uniform election date as defined in the Texas Election Code 41,001, as amended (the "Code"), for the purpose of electing the following for a two (2) year term. Council Member Place 1 Council Member Place 3 Council Member Place 5 Section 2. The election day polling place where qualified voters shall cast ballots will be at the following location: First Baptist Church 708 S. 5th Street Sanger, Texas 76266 Election polls shall be open from 7:00 a.m. unti17:00 p.m. on the date of election. Section 3. Early voting by personal appearance will be located at the following location beginning Monday, May 2, 2011, through Tuesday, May 105 2011: First Baptist Church 708 S. Sth Street Sanger, Texas 76266 The Early voting hours will be: Monday -Friday May 2-6, 2011 8 am to Spm Saturday, May 7, 2011 Sam to Spm Monday - Tuesday May 9 - 10, 2011 lam - 7pm Denton County will be responsible for Early Voting by mail applications. The applications for Early Voting shall be delivered to Frank Phillips, Election Administrator for Denton County at P.O. Box 1720, Denton, Texas 76202. Section 4. Candidates must file for a specific place and adhere to the filing deadlines accordingly, candidate packets are available in the City Secretary's office. The candidate filing periods for the General Election for City Council members are Place 1, Place 3 and Place 5 are as follows: General Election Filing for Council Members Beginning: February 14, 2011 at 8*00 am Ending: March 14, 2011 at 5 * 00 pm Candidates must file with the City Secretary's office located in City Hall, 502 Elm Street, Sanger, Texas. Section 5. Direct Record Electronic (DRE) voting machines shall be used in this election for early voting by personal appearance and election day voting. Section 6. The election precinct and voting places of said election shall be determined by the Denton County Elections Administrator. Section 7. Should any part, section, subsection, paragraph, sentence, clause or phrase contained in this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid all respects said remaining portion shall be and remain in full force and effect. Section 8. The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be published and/or posted in connection with the conduct of this election. The Denton County Election contract shall designate the election judges for the election. The election, including providing notice of the election shall be conducted in accordance with the Texas Election Code and other applicable law, and all residents qualified and registered voters of the City shall be eligible to vote at the election. Section 9. The Mayor and City Secretary is hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. This ordinance will take effect immediately from and after its passage, and the publication of the caption, as the law and Charter in such cases provide. PASSED AND APPROVED this _day of City of Sanger, Texas. ATTEST: Tami Taber, City Secretary 2011 by the City Council of the APPROVED: Thomas Muir, Mayor ORDER OF ELECTION CITY OF SANGER, TEXAS An election is hereby ordered to be held on May 14, 2011 for the purpose of: Electing three (3) Council members for Place 1, Place 3 and Place 5 Early Voting by personal appearance will be conducted each weekday at: First Baptist Church of Sanger, 708 S. Sth Street Between the hours of 8:00 am to 5:00 pm beginning on May 2, 2011 through May 7, 2011 and from 7:00 am to 7:00 pm May 9, 2011 through May 10, 2011. Applications for ballot by mail shall be mailed to: Denton County Election Administrator P.O. Box 1720 Denton, Texas 76201 Applications for ballot by mail must be received no later than the close of business on May 6, 2011. Issued this day of March, 2011. Thomas Muir, Mayor ORDEN DE ELECCION CIUDAD DE SANGER, TEXAS Por to presente se ordena que se llevara a cabo una eleccion ei sabado 14 de Mayo de 2011 con el proposito de: Los puestos 1,3, y 5 dei consejo. La votacion adelantada on persona se llevara a cabo de Tunes a viernes en Primera iglesia baptista First Baptist Church of Sanger, 708 S. Sth Street Entre las 8:00 am de la manana y las 5:00 pm de la tarde empezando el al de Mayo de 2011 y de las 7:00 am de la manana y las 7:00 pm de la tarde empezando el 9 y 10 de Mayo de 2011. Las solicitudes para boletas que se votaran en ausencia por con•eo deberan enviarse a: Denton County Election Administrator P.O. Box 1720 Denton, Texas 76201 Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el 6 de Mayo de 2011. Emitida este dia de Marzo de 2011. Thomas Muir, Mayor CITY OF SANGER, TEXAS NOTICE OF GENERAL ELECTION To the Registered Voters of the City of Sanger, Texas (A los votantes registrados del Ciudad Sanger, Texas) Notice is hereby given that the polling places listed below will be open from 7:00 am to 7:00 pm on May14, 2011, for voting in a General Election, to elect three (3) Council Members. (Notifiquese, por las presente, que las casillas electorales sitados abajo se abriran desde las 7:00 am hasta las 7:00 pm el 14 de mayo de 2011 para votar en la Eleccion General para elegir tre (3) Council Members). LOCATION OF POLLING PLACE (DIRECCION(ES) DE LAS CASILLAS ELECTORIALES) First Baptist Church 708 S. Sth Street Sanger, Texas Early voting by personal appearance will be conducted each weekday at: (La votacion adelantada en persona se llecara a Cabo de Tunes a viernes en) First Baptist Church 708 S. Sth Street Sanger, Texas between the hours of 8:00 am and 5:00 pm beginning May 2, 2011 and ending May 10, 2011. Centre las 8:00 de la manana y las 5:00 de la tarde empezando e12 de Mayo 2011 y terminando el 10 Mayo de 2011). Additional early voting will be held at the same location as follows: (La votacion adelantada ademas se llevara a Cabo en el mismo sitio de tal manera) Monday, May 9, 2011 (9 de Mayo 2011) 7:00 am - 7:00 pm Tuesday, May 10, 2011 (10 de Mayo 2011) 7:00 am - 7:00 pm Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por coneo deberan enviarse a) Denton County Elections Administrator P.O. Box 1720 Denton, Texas 76201 Applications for ballots by mail must be received no later than the close of business on: (Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el iin de las horas de negocia el) May 6, 2011 (6 de Mayo de 2011) Issued this the _day of March 2011. Thomas Muir, Mayor T T ' Early Voting Joint Contract Polling Place Information General and Special Elections May 14, 2011 Early Doting Poll Location Poll Address Poll City Poll Zip Argyle Town Hall 308 Denton Street Argyle 76226 Aubrey ISD Administration Building 415 Tisdell Lane Aubrey 76227 Carrollton Public Library 4220 N. Josey Lane Carrollton 175010 Corinth City Hall 3300 Corinth Pkwy. Corinth 76208 Denton County Administrative Complex 535 S. Loop 288 Denton 76205 Double Oak Town Hall 1320 Waketon Road IDouble Oak 75077 First Baptist Church of Roanoke 1209 N. Pine Street Roanoke 76262 First Baptist Church of Sanger 708 S. 5th Street Sanger 76266 Flower Mound Police and Mun. Court Bldg. 4150 Kirkpatrick Lane Flower Mound 75028 Heritage lakes Clubhouse 3949 Village Blvd. Frisco 75034 Highland Village Municipal Complex 1000 Highland Village Road Highland Village 75077 Joseph A. Carroll Building 401 W. Hickory Street Denton 76201 Justin Municipal Complex 415 N. College Ave. Justin 76247 1 Krum ISD Admin. Bldg. 809 E. McCart Street Krum 76249 Lake Dallas City Hall 212 Main Street Lake Dallas 75065 Lewisville Municipal Annex 1197 W. Main Street Lewisville 75067 Little Elm Town Hall Center 100 W. Eldorado Pkwy Little Elm 75068 CPilot Point ISD Admin. Bldg. 829 S. Harrison Street Pilot Point 76258 Steven E. Copeland Gov. Ctr. 1400 FM 424 Cross Roads 76227 Svore Municipal Bldg. (Trophy Club MUD) 100 Municipal Drive Trophy Club 76262 The Colony Government Center 16301 Main Street The Colony 75056 **Dates and times are applicable to all early voting locations.** Monday — Friday May 2-6, 2011 8 am — 5 pm Saturday May 7, 2011 8 am — 5 pm Monday — Tuesday May 9-10, 2011 7 am — 7 pm Gc1 iw WjN �i i I w AI 2 ( l Q I �: E cr) o� I oN t Qo 0 �. m i € ? I i ( i j 1 I o 910 W wl;N i i (N}W00 N• l I N i y E 1 : , I; 40 I a I I ; Iro=�D , _o I I i o i i I C ialm i t 0 I pl(ii D'© I0 j rOt! 1a lam'; I� �•� [ v al0 `< ^"i'O;aiCni I to CO jUj' i(n C !0Nic roE�`Ni°nIc �jC73N �I� N ai ! �� a I�IIIifiiII �(owli Ii�IliIii ;� i:I;i�4I4Ii:ii�sr0ce�+,1 QCNwNQ iI(jiiI� 0(N<� (�NSa4N I(iiiIj{I NONkQ`D ((.O `IiliIIj ijIj'{��III ii'�I 0yQ0 KKKw0 rD jr0ONQcLyi' � yV0�stirovp a O O0:. . . cC��aocn� �•Wr.�r i(Q (o (n (n (A CL (D co m p o (' (DhcC • iiIi;1�ii: D �•I'I1IIiIi{ .' t .;FiIIfIIliEIl 1 0 wo < mm � w 4 (7'(°mmro�Oyl�i7nm In lo0 ,. �hwuI� i� ° 01co (n o}-° oCA)Z G a ` 0 10 � N NC Nm EL IIII, O{ 00 jii � iil I i i THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Denton County: Town of Argyle Town of Ponder Town of Bartonville Town of Providence Village Town of Copper Canyon City of Roanoke City of Corinth City of Sanger Town of Cross Roads Town of Shady Shores City of Denton 'City of Southlake Town of DISH City of The Colony Town of Double Oak Town of Trophy Club Town of Flower Mound Town of Westlake City of Fort Worth Argyle Independent School District City of Hackberry Aubrey Independent School District City of Hebron Denton Independent School District Town of Hickory Creek Krum Independent School District City of Highland Village Lake Dallas Independent School District City of Justin Lewisville Independent School District City of Krugerville Little Elm Independent School District City of Krum Northwest Independent School District City of Lake Dallas Pilot Point Independent School District City of Lewisville Ponder Independent School District Town of Little Elm Sanger Independent School District Town of Northlake Mustang SUD City of Oak Point Trophy Club MUD 1 City of Pilot Point This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 14, 2011 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as "Elections Administrator." RECITALS Each participating authority listed above plans to hold a general and/or special election on May 14, 2011. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County's electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: Page 1 of 11 I. ADMINISTRATION The parties agree to hold a "Joint Election" with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro -rated among the participants according to Section XI of this contract. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices; and any other pertinent documents required by the Texas Election Code and/or the participating authority's governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures, or any changes that are specific to their own political subdivision. By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XI of this contract. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and Page 2 of 11 the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 14, 2011 joint election are different from the polling places) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 14, 2010 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names and addresses in effect for the May 14, 2011 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined bythe 2000 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87,005, 127,004, and 127,006. Page 3 of 11 V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County's electronic voting system and equipment, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations.. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct,a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. Early Voting by Personal Appearance shall be conducted exclusively on Denton County's eSlate electronic voting system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Denton County's eScan voting system only if a participating authority chooses to use both paper and electronic. Provisional ballots cast on Election Day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. Due to current limitations of the county's eScan ballot scanners, it is necessary that in the event ballot content for a particular participating authority or joint election ballot style is too lengthy to fit on a one page paper ballot, all election day voting for that particular authority or ballot style must be held on the county's eSlate voting system. If a participating authority wishes to use both paper and electronic, the full cost of the paper ballot will be up to that participating authority at each polling location that is shared with other participating authorities that don't wish to have both paper and electronic. The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent Page 4 of 11 employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day's early voting activity will be distributed to each participating authority no later than 8:00 AM each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Sara Tischler, Denton County Technical Operations Manager Presiding Judge: Randie Geistman Alternate Judge: Paula Paschal The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County's voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct -by -precinct results that are required by Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each participating authority shallbe responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct -by -precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload, these reports for each participating authority unless requested otherwise. Page 5 of 11 The Elections Administrator shall be responsible for conducting the post -election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY The Elections Administrator shall administer only the Denton County portion of the Town of Flower Mound's election. The Elections Administrator shall administer only the Denton County portion of the City of Fort Worths -election. The Elections Administrator agrees to administer the entire Lewisville election including that portion of Lewisville that is within Dallas County, The Elections Administrator shall administer only the Denton County portion of Northwest ISD's election. The Elections Administrator agrees to administer the entire Pilot Point ISD election including that portion of Pilot Point ISD that is within Cooke and Grayson Counties, The Elections Administrator shall administer only the Denton County portion of the City of Roanoke's election. The Elections Administrator shall administer only the Denton County portion of the City of Southlake's election. The Elections Administrator shall administer only the Denton County portion of the Town of Trophy Club's election. The Elections Administrator shall administer only the Denton County portion of the Trophy Club MUD 1's election. The Elections Administrator shall administer only the Denton County portion of the Town of Westlake's election. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicableI In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election, shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 14, 2011 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 18, 2011. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally Page 6 of 11 among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro- rated equally among the participants utilizing that polling place. It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority's election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority's polling places is less than the 50% threshold, the participating authority shall pay a pro -rats share of the costs associated with the polling place where it has the greatest number of registered voters. The participating authorities agree to share the cost of Early Voting. Allocations of costs is mutually agreed to be shared according to a formula which is based on the cost of all Early Voting polling locations being divided equally among the number of participating authorities. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro -rats portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non -temporary) early voting site within their jurisdiction shall pay a pro -rats portion of the nearest regular early voting site. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (109/6) of its total billable costs in accordance with Section 310100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate funds) within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any individual jurisdiction if the above formula results in a cost allocation that is inequitable. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus a cancellation fee of $75.00. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution a until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. Page 7 of 11 XIV, RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro -rats share to be paid to the County by the participating authorities. . 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code, 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governmentsI and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 90% of this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating authority's obligation under the terms of this agreement shall be calculated after the May 14, 2011 election (or runoff election, if applicable), and if the amount of an authority's total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority's total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. Page 8 of 11 The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Estimated De osit Political Subdivision Cost Due Town of Argyle $2,209,55 $1,988,59 Town of Bartonville $1,804.08 $1,623467 Town of Copper Canyon $1,484,01 $1,335,61 City of Corinth $2,094A2 $1,884,98 Town of Cross Roads $1,251022 $1,126010 City of Denton $7,480090 $6,732481 Town of DISH $1,380082 $1,242.74 Town of Double Oak $2,057,93 $1,852,14 Town of Flower Mound $4,441,05 $3,996,94 City of Fort Worth $3,502489 $3,152660 City of Hackberry $1,792423 $1,613400 City of Hebron $400.00 $360400 Town of Hickory Creek $2,144,29 $1,929.86 City of Highland Village $2,976,26 $2,678463 City of Justin $1,694057 $1,525011 City of Kru erville $1,309,15 $1,178,24 City of Krum $1,699,43 $1,529,49 City of Lake Dallas $2,956.68 $2,661,02 City of Lewisville $4,259088 $3,833,89 Town of Little Elm $4,393638 $3,954.04 Town of Northlake $1,788040 $1,609456 City of Oak Point $1,475.67 $1,328610 City of Pilot Point $1,286.88 $1,158.19 Town of Ponder $1,558,66 $1,402,80 Town of Providence Village $1,483,40 $1,338403 City of Roanoke $2,131080 $1,918662 City of Sanger $2,598,93 $2,339,03 Town of Shady Shores $2,046,71 $1,842.04 City of Southlake $1,399.57 $1,259,61 City of The Colony $4,142A8 $3,728023 Town ofTrophy Club $1,823,92 $1,641,52 Town of Westlake $400,00 $360,00 Argyle ISD $3,368.30 $3,031,47 Aubrey ISD $35934.89 $3,541040 Denton ISD $12,773,78 $11,496040 Krum ISD $2,739,82 $21465.84 Lake Dallas ISD $4,306475 $3,876.07 Lewisville ISD $23,796407 $21,416.47 Little Elm ISD $8,141,85 $73327,67 Northwest ISD $6,500,55 $5,850,49 Pilot Point ISD $1,791,99 $1,338603 Page 9 of 11 Ponder ISD $2,595.71 $2,336,14 Sanger ISD $3,651,43 $3,286.29 Mustang SUD $3,586.56 $3,227.90 Trophy Club MUD1 $1,781077 $1,603,59 THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Revised 2.10.2011 (4:10 p.m.) Page 10 of 11 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit: (1) It has on the day of , 2011 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the day of , 2011 been executed on behalf of the City of Sanger pursuant to an action of the City Council so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: FRANK PHILLIPS ACCEPTED AND AGREED TO BY THE City of Sanger: APPROVED: Thomas Muir, Mayor ATTESTED: Tami Taber, City Secretary OOWCCOMMWMM O toU)cn .-1 v m -n 0 -n -n Q m -n o w v v �, � D' ni m su c _p p MMZO Z(90 oo -�N (D CCD CD CD ='�,m m 3`-° m o p o° m -, -, m m -, T o 0N ��'�'Z� c�'D CCA� anw v n0i �n0i v�� 3 —I w m (�D m m= m �' v v ' v v con con o �_ Z o �(D � ��,W ��rcn to �r� C7 =tN(D N 4 'S0) (n N CO cn �'WpT �w N UOi O T17 �` O cr, ��# N p A TI Cn tQ W W N O Cr,WCl)0 A� N CA m� N C vv A W N<Ca'3, (DC(o'4 00 Zoz CO W Cn 0 CCYI D 0 n rn m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o y _,' 0000 00 000 000 00 00 0 . to (D A O d) O O 0 0 0 0 0 O O O O O O O O tv, ' D C)3 W W A p W -N W 'A co W 'phA -a TI ma Cn O Cn .p v O W O C0 W �! 0) co .P _a CD _ O O C) 0 O O O 0 00-�0 -� 0� �0 CD -�o Oo folk, 'e-h cy�ocJ nii (D mo oc�ri CJno O0 00 ► N O O O O O: O O O O O O O O 0 O o 0 0 o 0 0 0 o o o o o m Vffl ffl IfA -G9 tO A <A 4A EA EA Efl 4A '� 0 VI {fl ffl EA -� Efl -• 00 fA CO A to 00 EA W N N to -69 N N O4�k m N N (D y 0 �4 N N 'mil �4 � I) W N (o V (A WW O O mAb W Cn 0 (n O Cn 00 00 O 0 �y O A O n W N tJt W W W C) CO r 00' P A m O �' k co 00 W W .A W N..A 00 (D s: O O 00. �4 O (n CI) Efl CA fA Cn m 0 .A m N P tit (DW W A: Cn (D Cn (b w co 00 C)� CD � O (D ♦�� . 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There have been no complaints filed with this department regarding a racial profiling incident. Curtis Amyx RACIAL PROFILING REPORTING AS REQUIRED BY HB 3389 OF THE 81ST LEGISLATURE STATE OF TEXAS As a Chief Administrator of a Law Enforcement Agency you must submit one (1) of the following three (3) documents. Please read the Code of Criminal Procedures, Articles 2.131— 2.138 and make a decision about which of the following three categories applies to your department. Which ONE applies to you? ® Full Exemption from Racial Profiling Reporting —agency does not routinely make traffic stops. ® Tier 1 Partial Exemption from Racial Profiling Report because of video and audio equipment records motor vehicle stops. ® Tier 2 Fully Reporting with no recording video or audio equipment in vehicles performing motor vehicle stops. By law, one of the above three must be submitted to TCCEOSE each year by March 15t This will begin with the 2010 year's data submitted by March 15t, 2011. TIER 1 - PARTIAL EXEMPTION RACIAL PROFILING REPORT Agency Name: SANGER POLICE DEPT. Reporting Date: 02/10/2011 TCLEOSE Agency 121217 Number: Chief Administrator: CURTIS R. AMYX Agency Contact Phone: 940458-7444 Information: Email: carriv\1 sangertexas.org Mailing Address: SANGER POLICE DEPT, Box 578 301 Bolivar Street Sanger, Tx 76266 This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report 2.132 (Tier 1) —Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling SANGER POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy: (1) clearly defines acts constituting racial profiling; (2) strictly prohibits peace officers employed by the SANGER POLICE DEPT. from engaging in racial profiling; (3) implements a process by which an individual may file a complaint with the SANGER POLICE DEPT. if the individual believes that a peace officer employed by the SANGER POLICE DEPT. has engaged in racial profiling with respect to the individual; (4) provides public education relating to the agency's complaint process, (5) requires appropriate corrective action to be taken against a peace officer employed by the SANGER POLICE DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the SANGER POLICE DEPT.'s policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; Page 1 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer Standards and Education (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Staridards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. I certify these .policies are in effect. Executed by: CURTIS R. AMYX Chief Administrator SANGER POLICE DEPT. Date: 02/10/2011 Page 2 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer Standards and Education SANGER POLICE DEPT.Motor Vehicle Racial Profiling Information Number of motor vehicle stops: 1. 1079 citation only 2. 0 arrest only 3. 6 both Race or Ethnicity: 5 52 African 6. 9 Asian 7. 966 Caucasian 8. 58 Hispanic 9. 0 Middle Eastern 10. 0 Native American 4. 1085 .Total (4, 11, 14 and 17 must be equal) 11. 1085 Total (lines 4, 11, 14 and 17 must be equal) Race or Ethnicity known prior to stop? 12. 0 Yes 13. 1085 No Search conducted? 15. 3 Yes 16. 1082 No Was search consented? 18.3 Yes 19.0 No 14. 1085 Total (lines 4, 11, 14 and 17 must be equal) 17. 1085 Total (lines 4, 11, 14 and 17 must be equal) 4 20. 3 Total (must equal line 15) Page 3 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer Standards and Education SANGER PUBLIC LIBRARY MONTHLY REPORT JANUARY 2011 Submitted by Victoria Elieson HIGHLIGHTS The Friends of the Library purchased and installed some shelves in one of the closets in the meeting room. This closet has been used to store files for the Sanger Area Historical Society and for old library equipment. It is still being used for those purposes, but there is now more storage area. ADMINISTRATION: With the staff, worked on annual goals for the library. Our goals are 1) to partner with the schools to promote summer reading and 2) to train staff to answer reference questions. Traded some computer monitors for four donated flat screen monitors. Applied for Denton County funding for FY 2011-2012. Meetings attended: North Texas Library Consortium, 1/13, Roanoke Denton County Library Advisory Board, 1/20, Plano CIRCULATION: Took a new group of books to the Sullivan Senior Center and retrieved the old set. PROGRAMS: Adult programs held: A Knitting and Crochet workshop, Holiday Scrapbooking, Health Matters (with Chiropractor Chris Prock), Jewelry Making and the book club meeting. A gaming weekend (Friday evening and two Saturday sessions) was well attended by the teens, along with one adult and a few children. The Storytime theme for January was "New Things". Weekly themes were "The New Year", "Babies", "New Toys" and "Doing New Things". Babygarten (a new program) was started on Tuesday mornings. Poor attendance and a survey of Storytime moms indicate the need to move it to another time. JANUARY 2011 STATISTICS 2010 2011 BORROWER CARDS Last Month 2596 3646 New Cards 67 47 Cards reactivated 14 33 TOTAL 2677 3726 CIRCULATION Nonfiction 361 340 Fiction 728 892 Junior Fiction 177 198 Children's Books 478 660 Leased Books 167 155 Interlibrary Loan 14 11 Spanish Materials 7 47 Audio Books 107 104 Music CDs 49 39 Video Materials 855 740 Equipment 12 1 from other libraries 67 182 TOTAL CIRCULATION 2955 3369 to other libraries 13 82 INTERNET USERS 924 807 PROGRAMS Children's Programs 8 1 Children Attending 70 62 Adults Attending 30 31 Other Programs 7 7 Number Attending 57 66 VOLUNTEERS Number of Adults 8 14 Number of Juniors 4 2 Number of Hours 94 100 COLLECTION Books 15612 16573 Leased Books 179 166 Paperback Fiction 2426 2515 Audio Books 599 588 Music CDs 392 358 CD-ROM 196 198 Videocassettes 928 919 DVD 645 776 Microfilm 79 79 Equipment 4 4 TOTAL COLLECTION 21,060 22,176 REVENUE Fines $165.05 $297.43 Copies $208.90 $152.48 ILL Postage $4.00 $11.78 New Cards $3.25 $6.00 Lost Materials $4.00 $52.43 TOTAL $385,20 $520,12 D� e�r It is time to get those holiday photographs printed and do something with them By Lynne S. Smila�td With the kids back in school and decorations being put away, it is time to get those holiday photographs printed and do something with them. Do it before they get lost in a drawer or forgotten about. Scrapbooking is a creative, fun way to preserve those photos and save the memories associated with them, record major events like holidays, document family history, and remember the everyday moments in life. Holidays are especially fun to document, with relatives gathered together that might not see each other often, and children growing, and family traditions, and special programs at church or school. Not sure where to start? Your library is here to help. The Sanger Public Library will host a free "Holiday Scrapbooking" event on Sunday, January 16111, from 2 to 5 p.m. Leigh Compton, experienced in both digital and paper scrapbooking, will lead the group in ; creating beautiful, meaningful scrapbook pages. Leigh has led several scrapbook events, such as "Heritage Scrapbooking", at the library before, and her skills and creativity are inspiring. She will bring examples of some of her beautiful scrapbooks. The library will have some supplies available, such as a Sizzix0 and both large and small Cricut© machines. Several alphabet and Christmas-themed dies will be available, and also stencils. In addition, the library has ribbons, some embellishments, and some papers. Participants will want to bring scrapbook paper, cardstock, and any embellishments they want to use. Also, extra dies for the machines and ............ . Sanger Public Library is hosting "Health Matters" BY Lvune S. Smiland Health care }sues are all over the news these days. Laws are changing; insurance coverage is changing; 141edicare is changing; and even health recommendations and testing guidelines are changing. To help our patrons stay on top of these evolving issues and be informed health care consumers, Sanger Public Library is hosting "Health Matters" a free series of informative discussions on the Sessions are being planned to feature nutrition, sleep issues, exercise, insurance and Medicare changes, and other health concerns. The series will begin on Tuesdav, ,ianuary'25"', at 7 p.m. Doctor of Chiropracty Chris Prock will present "Chiropractic Basics". Dr. Prock was born and raised in Borger, "Texas. He attended Oklahoma State University, where he received a Bachelor last "Tuesday of each month. of Science in Physiology. He then moved to Dallas to attend Parker College of Chiropractic, graduating in September of 2009. He is currently in process of certification in animal chiropractic through the American Veterinary Chiropractic Association. Dr. Prock is a member of the Texas Chiropractic Association, the American Chiropractic. Association, and the Parker College of Chiropractic Alumni Association. extra supplies to trade are always welcome. Reference materials, such as library books on holiday scrapbooking and scrapbooking in general; will be available for ideas and inspiration. Digital scrapbookers may make ' use ofthe scanner, computers, and the CO program Corel Paint Brush©, for repairing and altering photographs. Newcomers to this type of scrapbooking will be amazed at how much is possible with the computer. Participants should bring a flash drive t0 Save their images. All skill levels and ages are we at this free scrapbooking event, but reservations are suggested be space is limited. To save your spot on the 16"', from 2 5 p.m., come by the library at 501 Bolivar, phone 458-3257, or e-mail us at libraryclerk®sangertexas.org. And start gathering those photos! - a free series of informative discussions Most people have heard of chiropractic, the most popular complementary or alternative medical treatment in America. Most insurers and HMO's cover chiropractic care uow, so where does it fit into the evolving American health care system? People generally know that treatments are based on the interactions of the spine and nervous system. Low back pain and headaches are frequent presenticomplauits ng at a chiropractor's office, but have you ever wondered what else chiropractic care can do to I people live healthier lives? Bring any concerns and questions and Dr. Prock will fill us in on the benefits of chiropractic care for everyone. Plan now to attend the "Health Matters" se ries at the library, beginning January 25°i at 7 p.nr. Keservat}ons are required, because King's is providing sandwiches and drinks to kick off the event. Simply call the library at 940- 458 3257, go by 501 Bolivar, or e mail us at lit raryclerk@sangertexas.org to reserve a spot. < ?f Jan-11 Anthony Dodson SUBMITTED: _2/16 Dogs Cats Other Total Percent Started With 1 0 0 1 Intakes 9 8 0 17 Returned to Owner 2 0 0 2 14% Sent to Noah's Ark 5 3 0 8 57% Sent to Other Agency 0 0 0 0 0% Adopted from Shelter 0 0 0 0 0% Euthanized 0 4 0 4 29% Other Outcome (Specify) 0 10 0 0 0% Total Processed 7 7 0 14 100% In Shelter at End of Month 3 1 0 4 comments: LReconciliation 01 bj 01 0 David J. Park Vice President Rates & Requlatory Affairs February 24, 2011 City Official Re: Rider GCR -Rate Filing under Docket No. 9762 Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR applicable for the March 2011 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative proposes only and no action is required on your city's part. Should you have any questions, please let me know. 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