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12/06/2010-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, DECEMBER 6, 2010 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: November 15, 2010 -Work Session. November 15, 2010 - City Council b) Disbursements 4. Discuss, Consider and Possibly Act on Approving an Interlocal Agreement with Denton County for Ambulance Protection. 5. Discuss, Consider and Possibly Act on Approving an Interlocal Agreement with Denton County for Fire Protection. 6. Discuss, Consider and Possibly Act on Approving an Interlocal Agreement with Denton County for the Design and Reconstruction of Keaton Road and Freese Drive. 7. Consider any Items Removed from Consent Agenda. REGULAR AGENDA 8. Discuss, Consider and Possibly Act on Approving Resolution #R12-12-10 -Recognizing the Need to Protect the Lewisville Lake Watershed. 9. Discuss, Consider and Possibly Act on Approving Resolution 4R12-11-10 -Requesting Improvements to Interstate 35 East as Designed by the Texas Department of Transportation to be Fully Funded and Implemented for the Full Project Length From Interstate Highway 635 in Dallas County to U.S. Highway 380 in Denton County. 10. Discuss, Consider and Possibly Act on Approving Agreement With Noah's Arlc SPCA/Humane Society. ff=1►`5C 7.7u/_11Y[I]►`1YYNOM a) Investment Report b) Library Monthly Report for October c) ATMOS Rider GCR - Rate Filing Under Docket No. 9762 12. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the DUIIeTM board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the generaA public at all times, and said notice was posted on the following date and time. /C) at /� _D O,m. and shall remain posted until meeting is adjourned. Oki Tami Taber, City Secretary City of Sanger, Texas This facility is wheelchair accessible and accessible parking 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) 458-7930 for further information. MINUTES: CITY COUNCIL WORK SESSION November 15, 2010 PRESENT: Mayor Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS. PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Sam Alexander, Shelly Gomulak, Bobby Swan, Laura McNeill, Lauren Staten and Leonard Dodson ABSENT: Councilman Patton. L Call Meeting to Order. Mayor Muir called the meeting to order. 2. Review and Discuss Utility Fees and Other Proposed Fee Schedule Changes. Brief discussion regarding the changes. 3. Discussion of Partnership With Noah's Ark. City Manager advised that the City of Sanger has had a relationship with Noah's Ark for several years and the last few months they have taken our animals and at no charge. The City is currently working out the details of a contract with them. Not having enough space is the issue Shelly Gomulak, the President of Noah's Ark, and Bobby Swan discussed costs and how the relationship will work. Shots, putting in chips and spaying and/or neutering is provided on all animals before they are adopted out. The City of Sanger will pay a monthly fee based on a minimum of fifteen animals. 4. Update on Sports Park. Brief discussion. 5. Overview of Items on Regular Agenda. 6. Adjourn. Mayor Muir adjourned the meeting. MINUTES: CITY COUNCIL MEETING November 15, 2010 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Sam Alexander, Leonard Dodson and Meredith Denton ABSENT: Councilman Rusty Patton 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order, Councilman Garza led the Invocation followed by Councilman Bilyeu 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). Sam Alexander spoke about Noah's Ark and Leonard Dodson spoke about the animal shelter. CONSENT AGENDA 3. a) Approval of Minutes: November 1, 2010 -City Council b) Disbursements Councilman Martin made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None. REGULAR AGENDA 5. Discuss, Consider and Possibly Act on Approving Resolution 4R114040 - Relating to Approving a Financing by the Sanger Cultural Education Facilities Finance Corporation for the Benefit of Clarewood House, Inc. and Related Matters. Councilwoman Johnson made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 6. Discuss, Consider and Possibly Act on Ordinance 17114940 = Amending Article 4.000, Utility Related Fees of Appendix A "Fee Schedule" of the City of Sanger Code of Ordinances. Councilman Martin made a motion to approve. Seconded by Councilwoman Johnson. Motion carried unanimously. 7. Discuss, Consider and Possibly Act on Approving Scope of Services Agreement with Dunkin Sims Stoffels, Inc., Covering the Development of the Sports Complex. Councilman Bilyeu made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 8. Discuss, Consider and Possibly Act on Approving Agreement With Dean Construction Regarding the Construction Manager at Risk (CMR) for the Construction of the Sports Complex and Keaton Road Improvements. Councilman Bilyeu made a motion to approve. Seconded by Councilwoman Johnson. Motion carried unanimously. 9. Discuss, Consider and Possibly Act on Approving Award of Contract to Dean Construction for the Keaton Road Paving, Drainage and Utilities Improvements. Councilwoman Johnson made a motion approve. Seconded by Councilman Garza. Motion carried unanimously. 10. INFORMATION ITEMS a) Investment Report 11. Adjourn. Mayor Muir adjourned the meeting. 11/10/2010 11:57 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03701 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK JOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NOO AMOUNT 1 CAROLYN STANLEY I-201011053596 10/29/10 STANL R 11/10/2010 100900OR 044809 100.00 02490 CENTURYLINK I-201011103606 OCT 2010 R 11/10/2010 11274926CR 044810 I-201011103607 SEPT 2010 R 11/10/2010 11274.21CR 044810 2,548.47 00800 COSERV ELECTRIC I-201011083601 9/16 - 10/18 R 11/10/2010 11186667CR 044811 1/186967 18190 DEPARTMENT OF INFORMATION RESOURCE I-11090950T SEPT 2010 R 11/10/2010 96.82CR 044812 96.82 22400 REECE DUNN I-201011053598 USE OF FORCE 11/18-19 R 11/10/2010 25.00CR 044813 25.00 20710 CHERYL HAZELWOOD-ESTES CPA, P.C. I-643 OCT 2010 R 11/10/2010 21525.84CR 044814 2,525.84 04220 MARK GRIFFITH I-201011053597 DRIVERS LICENSE RENEWAL R 11/10/2010 61.00CR 044815 61.00 08690 O'REILLY AUTO PARTS I-262732/262641 CONNECTORS,SILICONE R 11/10/2010 83.93CR 044816 83.93 11170 RICOH AMERICAS CORP:QDS I-18004381 COPIER LEASE R 11/10/2010 227.71CR 044817 227.71 22660 S&J PHARMACY I-201011083602 FLU SHOTS R 11/10/2010 500oOOCR 044818 500.00 02300 SANGER COURIER: LEMONS NEWSPAPERS, INC. I-12842 SPORTS PAGE R 11/10/2010 55.00CR 044819 55.00 17400 PRECIOUS STAFFORD I-110510 11/2/10 R 11/10/2010 110900CR 044820 I-201011053595 10/27 - 10/29 R 11/10/2010 220.00CR 044820 330.00 16480 STATE FIREMANS & FIRE MARSHALS' ASSOC. OF TEXAS I-201011083604 DUES R 11/10/2010 415.00CR 044821 415.00 22130 TEXAS AGRILIFE EXTENSION I-201011103608 PEST MGMT TRAINING R 11/10/2010 120.00CR 044822 120.00 11/10/2010 11:57 AM PACKET: 03701 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT ADOR NAME / I.D. DESC 09010 TML I-201011083603 TML INSURANCE 15670 MICHELLE WILLIA14S I-201011053594 DSHS CERT RENEWAL TOTAL ERRORS: 0 A / P CHECK REGISTER ** 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 11/10/2010 R 11/10/2010 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 401264.37CR 044823 40,264.37 126.00CR 044824 126.00 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 16 0.00 48,665.81 48,665.81 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 16 0.00 48,665.81 48,665.81 11/12/2010 9:53 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03704 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK _aDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 22300 CARD SERVICE CENTER I-10292010 HALLOWEEN CANDY R 11/12/2010 33.50CR 044825 I-201011103609 HOTEL -FORENSIC MAPPING CL R 11/12/2010 369.15CR 044825 I-201011103610 APPLIED KNOWLEDGE R 11/12/2010 125o00CR 044825 I-2165217 COFFEE R 11/12/2010 69.93CR 044825 I-399453 iBACKUP YEARLY SUBSCRIPTI R 11/12/2010 349.50CR 044825 I-51173 GFOAT FALL CONFERENCE R 11/12/2010 200.000R 044825 1,147.08 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 11147,08 1/147008 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 1 0.00 1/147608 1,147.08 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 11/15/2010 11:43 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03712 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ,�.<DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT *VOID* VOID CHECK V 11/15/2010 044829 **VOID** 09600 AFLAC C-201011153612 AFLAC R 11/15/2010 0.07 044826 I-AFK201010063462 INSURANCE R 11/15/2010 85.14CR 044826 I-AFK201010203527 INSURANCE R 11/15/2010 85.14CR 044826 I-AFL201010063462 INSURANCE R 11/15/2010 830w92CR 044626 I-AFL201010203527 INSURANCE R 11/15/2010 830.92CR 044826 1,832.05 01550 ATMOS I-201011153624 9/30 - 11/1/10 R 11/15/2010 88.03CR 044827 88.03 13080 BLUE CROSS BLUE SHIELD C-BH0201010223531 MEDICAL HIGH PPO - EMPLOYEE R 11/15/2010 345.19 044828 I-201011033590 ER PREMIUM INCREASE R 11/15/2010 5,714.79CR 044828 I-201011033591 CHAVEZ COBRA PREMIUM R 11/15/2010 691.90CR 044828 I-201011153618 BLUE CROSS BLUE SHIELD R 11/15/2010 346650CR 044828 I-BHC201010203527 MEDICAL BCBS HI PPO CHILD R 11/15/2010 31774.96CR 044828 I-BHF201010203527 MEDICAL BCBS HI PPO FAMILY R 11/15/2010 11233.84CR 044828 I-BH0201010203527 MEDICAL HIGH PPO - EMPLOYEE R 11/15/2010 81974.94CR 044828 I-BH0201010223530 MEDICAL HIGH PPO - EMPLOYEE R 11/15/2010 345.19CR 044828 I-BHS201010203527 MEDICAL BCBS HI PPO SPOUSE R 11/15/2010 11095.66CR 044828 I-BLC201010203527 MEDICAL BCBS LOW PPO CHILD R 11/15/2010 21216.40CR 044828 I-BLF201010203527 MEDICAL BCBS LOW PPO FAMILY R 11/15/2010 51308.38CR 044828 I-BLS201010203527 MEDICAL BCBS LOW PPO SPOUSE R 11/15/2010 962.20CR 044828 I-INS201010063462 HEALTH INSURANCE R 11/15/2010 21162.50CR 044828 I-INS201010203527 HEALTH INSURANCE R 11/15/2010 21162450CR 044828 34,644.57 00600 CITY OF BANGER I-201011153628 9/13 - 10/11 R 11/15/2010 18,276.O1CR 044830 18,276.01 07850 CLEAT I-CLT201010063462 ASSOCIATION DUES EMPLOYEE R 11/15/2010 90.00CR 094831 I-CLT201010203527 ASSOCIATION DUES EMPLOYEE R 11/15/2010 90.00CR 044831 180.00 03320 COLONIAL LIFE INSURANCE C-201011153617 COLONIAL LIFE INSURANCE R 11/15/2010 0.02 044832 I-COL201010063962 HEALTH INSURANCE R 11/15/2010 11.80CR 099832 I-COL201010203527 HEALTH INSURANCE R 11/15/2010 11.80CR 044832 I-LIF201010063462 LIFE INSURANCE R 11/15/2010 58.83CR 044832 I-LIF201010203527 LIFE INSURANCE R 11/15/2010 58.83CR 044832 141.24 11/15/2010 11:43 AM PACKET: 03712 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 2 CHECK CHECK CHECK CHECK ."ODOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 18650 FORT DEARBORN LIFE INSURANCE C-201011153613 FORT DEARBORN LIFE INSURANCE R 11/15/2010 3.48 044833 C-201011153629 FORT DEARBORN LIFE INSURANCE R 11/15/2010 0.27 044833 C-FD1201010223531 LIFE INSURANCE - REDUCED AMT R 11/15/2010 2.44 044833 D-201011153622 FORT DEARBORN LIFE INSURANCE R 11/15/2010 18.33CR 044833 I-FD1201009223438 LIFE INSURANCE - REDUCED AMT R 11/15/2010 2.44CR 044833 I-FD1201010203527 LIFE INSURANCE - REDUCED AMT R 11/15/2010 2.44CR 044833 I-FD1201010223530 LIFE INSURANCE - REDUCED AMT R 11/15/2010 2.44CR 044833 I-FTD201009223438 EMPLOYEE LIFE INSURANCE R 11/15/2010 195.00CR 044833 I-FTD201009273439 EMPLOYEE LIFE INSURANCE R 11/15/2010 3.75CR 044833 I-FTD201010203527 EMPLOYEE LIFE INSURANCE R 11/15/2010 195.00CR 044833 413.21 10610 LEADERSLIFE INS. COMPANY D-201011153614 LEADERSLIFE INS. COMPANY R 11/15/2010 8.63CR 044834 I-LLI201010063462 LIFE INSURANCE R 11/15/2010 60.68CR 044834 I-LLI201010203527 LIFE INSURANCE R 11/15/2010 52.01CR 044834 121.32 05400 PRE -PAID LEGAL CASUALTY I-PPL201010063462 PREPAID LEGAL SERVICES R 11/15/2010 7.48CR 044835 I-PPL201010203527 PREPAID LEGAL SERVICES R 11/15/2010 7.48CR 044835 14.96 13380 BANGER BANK I-201011153623 07071866 00055 #64 R 11/15/2010 1,542.07CR 044836 1,542.07 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 10 0.00 57,253.46 57,253.46 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: 1 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: TOTAL ERRORS: 0 TOTAL ViARNINGS: 0 11 0.00 57,253.46 57,253.46 11/17/2010 1:23 PM A / P CHECK REGISTER PAGE: 1 PACKET: 03721 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 07860 ACT PIPE SUPPLY, INC I-481598 3/4" CLAMPS R 11/17/2010 237.50CR 044838 237.50 18100 AMERICAN MUNICIPAL SERVICES I-6961 OCT 2010 WARRANT COLLECT R 11/17/2010 273.14CR 044839 I-6983 BAD DEBT COLLECTION R 11/17/2010 159.65CR 044839 432.79 21370 AMSOIL, INC - I-13350546 GAS/FUEL ADDITIVE R 11/17/2010 178.40CR 044840 178.40 00270 ANIMAL HOSPITAL,ON MILAM RD, P.C. I-121960 SERVICE 9/14 - 9/22 R 11/17/2010 375660CR 044841 375.60 02460 AT&T MOBILITY I-201011173645 9/23 - 10/22 R 11/17/2010 198.13CR 044842 198.13 11090 BETA TECHNOLOGY I-554706 AIR MEDIC,LEMON CLEANER R 11/17/2010 294.43CR 044843 294.43 16360 BIG COUNTRY SUPPLY I-D331035 TRUCK CONSOLE R 11/17/2010 429.14CR 044844 429.14 00420 BOUND TREE MEDICAL, LLC I-80497741 1ST QTR MEDICAL SUPPLIES R 11/17/2010 153.16CR 044845 153.16 1 BRAD DEPRATER I-201011173646 11/14 DEPRATER R 11/17/2010 100.000R 044846 100.00 2041C CARE NOW CORPORATE I-850500 D/S STANDARD-CRITTEND R 11/17/2010 35.00CR 044847 I-WCDSW014150 D/S SALOME VEGA R 11/17/2010 35.00CR 044847 70.00 02490 CENTURYLINK I-201011163639 NOV 9 - DEC 9 R 11/17/2010 11303.84CR 044848 1,303.84 22050 CHILDREN'S ADVOCACY CENTER FOR DENTON COUNTY I-10-0475 SAME EXAM S10271080 R 11/17/2010 47.00CR 044849 47.00 03730 COLLIN COUNTY COLLEGE I-S0006932 R DUNN R 11/17/2010 25m00CR 044850 25.00 00650 CONTINENTAL RESEARCH CORP I-342327-CRC-1 BLUE & GREEN MARKING PAIN R 11/17/2010 480600CR 044851 480.00 11/17/2010 1:23 PM PACKET: 03721 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 2 CHECK CHECK CHECK CHECK NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT _ODOR 0079C COUNTY BUILDERS SUPPLY, INC. I-10026593 MISC SUPPLIES R 11/17/2010 72.93CR 044852 I-10026708 WAFERBOARD R 11/17/2010 26.85CR 044852 99.78 *08770 CPI OFFICE PRODUCTS I-2705932-0 OFFICE SUPPLIES R 11/17/2010 126.30CR 044853 I-2706930 OFFICE SUPPLIES R 11/17/2010 126.30CR 044853 I-2716793 CHAIRS,PACKING TAPE R 11/17/2010 336911CR 044853 I-2717960 CHAIRS,PACKING TAPE R 11/17/2010 66.60CR 044853 655.31 17640 DOLLAR GENERAL - CHARGED SALES I-105956 CLEANING SUPPLIES,CUPS R 11/17/2010 72.75CR 044854 72.75 06080 DONALD PADDACK FERTILIZER I-254692 GARLON 4 ULTRA R 11/17/2010 2,250.00CR 044855 2,250.00 03150 VICTORIA ELIESON I-201011163643 REIMB FOR PIZZA -GAMING DA R 11/17/2010 58.46CR 044856 58.46 20980 EXPRESS SERVICES, INC. I-98972215-2 10/24 R 11/17/2010 31161.93CR 044857 I-98992101-0 10/31 R 11/17/2010 3,279.28CR 044857 I-99006613-6 11/07 R 11/17/2010 21493.33CR 044857 8,934.54 12260 CAROLYN FRAZIER I-201011163638 DOWNTOWN DECORATIONS R 11/17/2010 146.85CR 044858 146.85 18790 FUELMAN I-NP27112464 FUEL 10/18 - 10/24 R 11/17/2010 2,792.98CR 044859 I-NP27162457 FUEL 10/25 - 10/31 R 11/17/2010 2,242.O1CR 044859 I-NP27361939 FUEL 11/1 - 11/7 R 11/17/2010 21197.38CR 044859 I-NP27422961 FUEL 11/8 - 11/14 R 11/17/2010 11943.44CR 044859 9,175.81 22570 KATIE GRIFFIN I-201011173649 MILEAGE REIMB R 11/17/2010 85.63CR 044860 85.63 19480 HUTHER & ASSOCIATES, INC I-34474 OCT 2010 MONTHLY TESTING R 11/17/2010 540.00CR 044861 540.00 20220 INGRAM I-54974233 8 BOOKS R 11/17/2010 16.47CR 044862 16.47 11/17/2010 1:23 PM PACKET: 03721 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 3 CHECK CHECK CHECK CHECK DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 08680 LOCKE SUPPLY I-13574710 REMODEL SUPPLIES R 11/17/2010 572.94CR 044863 572.94 01310 LUTTRULL MCNATT, INC. I-514190 DRAIN PLUG,DOOR LOCK R 11/17/2010 111.43CR 044864 111.43 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-10100009 OCT 2010 R 11/17/2010 192.000R 044865 192.00 08690 O'REILLY AUTO PARTS I-258881 TRAILER LIGHTS R 11/17/2010 104.96CR 044866 I-263409 FILTERS #12-58 R 11/17/2010 56.00CR 044866 I-264699 OIL FILTERS R 11/17/2010 11.88CR 044866 172.84 02970 OFFICE DEPOT I-539172270001 OFFICE SUPPLIES R 11/17/2010 295.16CR 044867 I-539537067001 BROTHER LC61 BLK INK R 11/17/2010 131628CR 044867 426.44 22680 PAWS AND CLAWS I-2436 VET SERVICE -2 KITTENS R 11/17/2010 115.50CR 044868 115.50 17260 QUEST CARE I-1010 OCT 2010 R 11/17/2010 500.000R 044869 500.00 �114O R & T ELECTRIC, LLC I-19218 REMOVE AC UNITS FOR REPAI R 11/17/2010 580oOOCR 044870 I-4384 REMODEL BLDG R 11/17/2010 115OOoOOCR 044870 2,080.00 18380 R & T MECHANICAL I-201011173648 REPLACE DUCT WORK R 11/17/2010 11300.000R 044871 11300wOO 02170 REINERT PAPER & CHEMICAL, INC. I-258371 CLEANING SUPPLIES R 11/17/2010 81.77CR 044872 I-258973 TOILET PAPER,LEMON CLEANE R 11/17/2010 75.08CR 044872 156.85 1 REVINA STANFORD I-201011153627 11/6 STANFORD R 11/17/2010 100.000R 044873 100.00 06750 MIKE RILEY I-201011173647 11/30 - 12/2 MEALS R 11/17/2010 37.50CR 044874 37.50 02200 ROADRUNNER TRAFFIC SUPPLY, INC. I-37366 2 PART APDXY R 11/17/2010 212400CR 044875 212.00 11/17/2010 1:23 PM PACKET: 03721 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 4 CHECK CHECK CHECK CHECK .�LVDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 1624C SCHAD & PULTE I-180059 02 BOTTLES R 11/17/2010 16.00CR 044876 I-180110 OXYGEN R 11/17/2010 13.000R 044876 I-180268 OXYGEN R 11/17/2010 16.000R 044876 I-77589 OXYGEN R 11/17/2010 33.50CR 044876 I-79979 02 BOTTLES R 11/17/2010 25.000R 044876 103.50 02260 SS TELEMETRY I-8558 UPGRADE TO 60HP R 11/17/2010 131057.68CR 044877 I-8561 2 SUBMERSIBLE SEWAGE PUMP R 11/17/2010 431991.89CR 044877 57,049,57 17400 PRECIOUS STAFFORD I-111210 11/9 - 11/11/10 R 11/17/2010 220tOOCR 04487B 220.00 18620 STERICYCLE I-4002104941 BIO PICK-UP R 11/17/2010 67,000R 044879 67.00 11790 TAMI TABER I-201011153637 TRAVEL REIMB-10/26-10/27 R 11/17/2010 30.52CR 044880 30.52 11030 TCEQ I-CV7QO031529 2 PERMITS R 11/17/2010 61320.50CR 044881 6,320.50 )0 TECH SERV CONSULTING & TRAINING, LTD. I-20100764 HWY PERMIT-CENTURYLINK R 11/17/2010 168.000R 0448B2 168.00 02690 TECHLINE, INC. I-1446936 #10 TRAY CABLE R 11/17/2010 1,050.000R 044883 I-1447121 PHOTO CELL CONTROL, PIPE R 11/17/2010 450.000R 044883 I-1447121-01 PHOTO CELL CONTROL, PIPE R 11/17/2010 210.000R 044883 1,710.00 18200 TEXAS COMPTROLLER OF PUBLIC ACCOUNTS I-201011173650 ST OF TX CO-OP MEMBERSHIP R 11/17/2010 100.000R 044884 100.00 05350 TEXAS EXCAVATION SAFETY SYST I-10-7364 MESSAGE FEES 2011/2012 R 11/17/2010 36.lOCR 044885 36.10 09040 J RANDY THOMPSON I-113304 REPLACEMENT LEADS/MTR R 11/17/2010 25.99CR 044886 25.99 02910 UPPER TRINITY I-W271011 OCT 2010 R 11/17/2010 171030.11CR 044887 17,030.11 11/17/2010 1:23 PM PACKET: 03721 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT ODOR NAME / I.D. DESC 19160 WORKERS ASSISTANCE PROGRAM, INC. I-37748 OCTOBER 2010 TOTAL ERRORS: 0 A / P CHECK REGISTER ** 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 11/17/2010 CHECK DISCOUNT AMOUNT NO# 144.18CR 044886 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 51 0.00 115,343.56 115,343.56 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 51 0.00 115,343.56 115,343.56 PAGE: 5 CHECK AMOUNT 149.18 11/23/2010 2:59 PM PACKET: 03759 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE : 1 CHECK CHECK CHECK CHECK iDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 07860 ACT PIPE SUPPLY, INC I-483988 3/4" CLAMPS R 11/23/2010 237.50CR 044946 I-483989 2" METERS R 11/23/2010 447.5OCR 044946 I-484964 FIBERGLASS SHOVELS R 11/23/2010 167.40CR 044946 I-486060 VALVE BOX RISER R 11/23/2010 55.39CR 044946 907.79 19050 AMAZON I-201011223656 DVD R 11/23/2010 59.96CR 044947 59.96 00420 BOUND TREE MEDICAL, LLC I-80507084 1ST QTR MEDICAL SUPPLIES R 11/23/2010 17.10CR 044948 I-80507707 1ST QTR MEDICAL SUPPLIES R 11/23/2010 597.80CR 044948 I-80507708 1ST QTR MEDICAL SUPPLIES R 11/23/2010 36.32CR 044948 651.22 00520 CASCO INDUSTERIES, INC. I-S110 AIR PACK FLOW TEST R 11/23/2010 555.O0CR 044949 555.00 21440 CLEAR CREEK MATERIALS, INC I-11121011 TRANSPORT MATERIALS R 11/23/2010 70.0OCR 044950 70.00 11570 CULLIGAN I-06979964 DRINKING WATER R 11/23/2010 35.00CR 044951 35.00 10 DATA BUSINESS FORMS INC. I-79040 NAME PLATE R 11/23/2010 18.20CR 044952 I-79060 BUSINESS CARDS - GRIFFIN R 11/23/2010 60.36CR 044952 78.56 04790 DENTON CO TAX OFFICE I-201011233657 2010 TAX STATEMENTS R 11/23/2010 21859.36CR 044953 2,859.36 08400 FRANKLIN LEGAL PUBLISHING I-2002173 CODE OF ORDINANCE R 11/23/2010 31090.0OCR 044954 3,090.00 1 GLENN GOODE'S CUSTOM SAND I-454 SAND R 11/23/2010 11000.00CR 044955 1/000400 22570 KATIE GRIFFIN I-201011233659 HOTEL REIMB R 11/23/2010 286.42CR 044956 286.42 02610 HD SUPPLY, INC I-1614951-00 METER BATTERIES R 11/23/2010 58.40CR 044957 58.40 11/23/2010 2:59 PM A / P CHECK REGISTER PAGE: 2 PACKET: 03759 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT 'CHECK CHECK CHECK CHECK NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT .aDOR 08040 ELIZABETH HIGGS I-201011233658 ARBOR DAY PRIZES R 11/23/2010 50.00CR 044958 50.00 19830 JOE ILIFF 1-201011233662 MILEAGE REIMB R 11/23/2010 44.20CR 044959 44.20 20220 INGRAM I-55094461 8 BOOKS R 11/23/2010 16.B1CR 044960 16.81 01240 INLAND TRUCK PARTS, INC. I-18-42503 AIR BRAKE VALVE #49-58 R 11/23/2010 31.53CR 044961 31.53 11950 LYNN CARD COMPANY I-2101102-039 CARDS, IMPRINT R 11/23/2010 84.20CR 044962 84.20 19500 NAPA AUTO PARTS I-218184 HYDROLIC FITTINGS R 11/23/2010 66.90CR 044963 I-227933 BATTERIES R 11/23/2010 205.90CR 044963 272.80 08690 O'REILLY AUTO PARTS I-265108 BATTERY C670-24 R 11/23/2010 172099CR 044964 172.99 05050 THE PEMIORTHY COMPANY I-246421 18 BOOKS R 11/23/2010 274.23CR 044965 274.23 02120 QUILL, INC. I-9326682 TRIANGULAR RULER R 11/23/2010 9.98CR 044966 9.98 11170 RICOH AMERICAS CORP:QDS I-18134256 COPIER LEASE R 11/23/2010 205.33CR 044967 205.33 18620 STERICYCLE I-4002145309 BIO PICK-UP R 11/23/2010 23.27CR 044968 23.27 22710 STREETSMART, L.L.C. i I-200481 BANNER ARMS R 11/23/2010 114.81CR 044969 114.81 i 11900 TARRANT COUNTY COLLEGE I-60904 CRIME SCENE SEARCH R 11/23/2010 128.00CR 044970 128.00 18410 TEXAS STATE BOARD OF PLUMBING EXAMINERS I-201011233661 PLUMBING LICENSE-DOUTHITT R 11/23/2010 55.00CR 044971 55.00 11/23/2010 2:59 PM A / P CHECK REGISTER PACKET: 03759 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT .,ODOR NAME / I.D. DESC 17380 THE GLOVE GUY I-1411 SAFETY GLASSES & GLOVES 19260 TYLER TECHNOLOGIES I-5065 12MO MONTHLY INSITE/WEB I-5066 12MO MONTYLY FEE 10820 WILDFIRE TRUCK & EQUIP I-201011233660 SWITCHBOX SWITCHES 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 CHECK TYPE DATE DISCOUNT AMOUNT NO# R 11/23/2010 97.00CR 044972 R 11/23/2010 110.000R 044973 R 11/23/2010 125.00CR 044973 R 11/23/2010 56.30CR 044974 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 29 0.00 11,523.16 11,523.16 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 29 0.00 11,523.16 11,523.16 PAGE: 3 CHECK AMOUNT 97.00 235.00 56.30 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: December 6, 2010 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 Consider, Discuss and Possibly Act on Approving an Interlocal Agreement with Denton County for Ambulance Protection. 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 Interlocal Agreement with Denton County for Ambulance Service. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Interlocal Cooperation Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: PAUL JOHNSON CRIMINAL DISTRICT ATTORNEY CIVIL DIVISION John Feldt, Chief Hardy Burke Jennifer McClure Claire Yancey Moira Schilke John Biggins David Villafuerte November 15, 2010 Sanger Volunteer Fire Department P.O. Box 1729 Sanger, Texas 76266 Attention: Fire Chief I450 East Mclfinney, Suite 3I00 P. O. Box 2850 Denton, Texas 76202 (940) 349-2750 Fax (940) 349-275I Re: 2010-2011 Interlocal Cooperation Agreements) for Ambulance and Fire Protection Services Dear Chief: Enclosed please find three (3) original Interlocal Cooperation Agreements for Fire Protection Services and/or Ambulance Services between the Sanger Volunteer Fire Department and Denton County. Please review the Agreements, obtain the necessary approval and have each Agreement signed. Please return all signed originals (3 Ambulance and 3 Fire) to me at the address listed above. The Agreements will be placed on the agenda for Commissioners Court approval upon receipt in this office. A fully executed original of each Agreement will be returned to you upon approval. Your immediate attention to this matter would be appreciated. The 2009-2010 Agreements expired on September 30, 2010. Thank you in advance for your cooperation and assistance in this matter. Should you have any questions and/or concerns, please do not hesitate to contact me at 940-349-2753. /JLS Encls. THE COUNTY OF DENTON § § SANGER VOLUNTEER FIRE § DEPARTMENT — AMBULANCE § SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE SERVICE THIS AGREEMENT is made and entered into by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "COUNTY", arid the Sanger Volunteer Fire Department, a non-profit agency; located in Denton County, Texas, hereinafter referred to as "AGENCY," and has an effective date of October 1, 2010. WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is anon -profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance service and related services for the benefit of the citizens of City of Sanger; and WHEREAS, AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed, or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such. vehicles and equipment; and WHEREAS, COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of COUNTY living in unincorporated. areas of COUNTY which AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both COUNTY and AGENCY; and WHEREAS, COUNTY desires to expend County funds to defray the expense of establishing, operating, and maintaining the emergency ambulance service in the County; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act, and Section 774.003, Health and Safety Code, 2010-201 I lnterlocal Cooperation Agreement -Ambulance Services(Sanger - Page 1 of 7 NOW THEREFORE, COUNTY and AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period of October 1, 2010 to and through September 30, 2011. IL DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of AGENCY to the closest medical facility; B. "Rural area" means any area within the boundaries of COUNTY but outside the corporate limits of all incorporated cities, towns and villages within COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service bMI the personnel of AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time but shall be considered as only one call. III. SERVICES The services to be rendered under this Agreement are the ambulance services normally rendered by AGENCY to citizens of City of Sanger in circumstances of emergency but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of 2010-2011 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 2 of 7 COUNTY within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY and COUNTY in this Agreement and as set forth in Exhibit A, attached hereto and incorporated by reference. It is recognized that the officers and employees of AGENCY have the duty and responsibility of rendering ambulance services to citizens of AGENCY and COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. IV. PERFORMANCE OF SERVICES AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of AGENCY under this and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this. Agreement for the mutual benefit of AGENCY and COUNTY. V. LIAISON OFFICER COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as son Officer" between COUNTY and AGENCY. The County Judge or her designated substitute shall devote sufficient time and attention to insure the performance of all duties and obligations of COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of COUNTY engaged in the performance of this Agreement. VI. COMPENSATION COUNTY agrees to pay to AGENCY an estimated fee of $122,424.22 based on a funding formula as follows: 1. A fixed sum based on a population percentage .5511 per capita; said sum computes to $8,012.79. 2. A fixed sum of $253.3125 per ambulance transport for an estimated maximum amount of $36,730.32. Said sum is based upon 145 transports made by AGENCY in fiscal year 2010. 2010-2011 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 3 of 7 3. A fixed sum based on 114.95 rural miles in the agreed operating territory, said sum computes to $76,681.12. The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an ambulance call for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by COUNTY. It shall be the responsibility of AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. mail, facsimile, or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VII. TERMINATION This Agreement maybe terminated at any time by either AGENCY ar COUNTY giving sixty (60) days advance notice in writing to the other party. In the event of termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses authorized by this Agreement then due and owed. Should AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VIII. FINANCIAL RECORDS AGENCY agrees to make its financial records available for audit and/or review by COUNTY upon request by COUNTY. 2010-2011 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 4 of 7 IX. RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed by law, shall be responsible for the acts and negligence of all officers, employees and agents of COUNTY engaged in the performance of this Agreemert6 X. RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed by law, shall be responsible for the acts and negligence of all officers, employees and agents of AGENCY engaged in the performance of this Agreement. XI. DEFAULT In the event of any default in any of the covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting party if such default continues for a period of ten (10) days after notice in writing to the defaulting party of such default and the intention to declare this Agreement terminated. Unless the default is cured, this Agreement shall terminate. XII. GOVERNMENTAL IMMUNITY The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent possible under the law. Neither AGENCY nor COUNTY waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIV. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between AGENCY and COUNTY and supersedes all prior negotiations, representations and/or Agreements, either written or or This Agreement may be amended only by written instrument signed by both parties. 2010-2011 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 5 of 7 -AV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. XVI. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent AGENCY and COUNTY that the remaining portions shall remain valid and in full force and effect to the extent possible. XVII. AUTHORITY The undersigned officer and/or agents of are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of AGENCY and COUNTY. EXECUTED in triplicate originals on the dates set forth below. COUNTY: Denton County, Texas 110 West Hickory Denton, Texas 76201 By: Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton, Texas DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: BY: AGENCY: Sanger Volunteer Fire Department City of Sanger P.O. Box 1729 Sanger, Texas 76266 Name Title y Acting on behalf of and by the authoritof the Sanger Volunteer Fire Department DATED: APPROVED AS TO CONTENT: BY: Denton County Fire Marshal Assistant District Attorney 2010-2011 Interloca] Cooperation Agreement -Ambulance Services/Sanger - Page 6 of 7 AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this Contract/Agreement. James Wells, Denton County Auditor i� 2010-2011 Interlocal Cooperation Agreement -Ambulance Services/Sanger - Page 7 of 7 . �\ M ) Msit : * ! : to i J!Atas. son m g/} re 7 At E to CL .��..�5 !. | Ica it |) � 0� — z .... 9jig g' o § \ was so am gas j.�:�� 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: December 6, 2010 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 Consider, Discuss and Possibly Act on Approving an Interlocal Agreement with Denton County for Fire Protection Services. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Interlocal Agreement with Denton County for Fire Protection Services. STAFF OPTIONS & RECOMMENDATION Staff recommends- approval. List of Supporting Documents/Exhibits Attached: Interlocal Cooperation Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: PAUU JOHNSON CRIMINAL DISTRICT ATTORNEY CIVIL DIVISION John Feldt, Chief Hardy Burke Jennifer McClure Claire Yancey Moira Schilke John Biggins David Villafuerte November 15, 2010 Sanger Volunteer Fire Department P.O. Box 1729 Sanger, Texas 76266 Attention: Fire Chief 1450 East Mclrinney, Suite 3100 P. O. Box 2850 Denton, Texas 76202 (940) 349-2750 Fax (940) 349-2751 Re: 2010-2011 Interlocal Cooperation Agreements) for Ambulance and Fire Protection Services Dear Chief: Enclosed please find three (3) original Interlocal Cooperation Agreements for Fire Protection Services and/or Ambulance Services between the Sanger Volunteer Fire Department and Denton County. Please review the Agreements, obtain the necessary approval and have each Agreement signed. Please return all signed originals (3 Ambulance and 3 Fire) to me at the address listed above. The Agreements will be placed on the agenda for Commissioners Court approval upon receipt in this office. A fully executed original of each Agreement will be returned to you upon approval. Your immediate attention to this matter would be appreciated. The 2009-2010 Agreements expired on September 30, 2010. Thank you in advance for your cooperation and assistance in this matter. Should you have any questions and/or concerns, please do not hesitate to contact me at 940-349-2753. /JLS Encls. THE COUNTY OF DENTON § STATE OF TEXAS § SANGER VOLUNTEER FIRE DEPARTMENT INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of the State %J Texas, hereinafter referred to as "COUNTY" and the Sanger Volunteer Fire Department, a non-profit agency, located in Denton County, Texas, hereinafter referred to as "AGENCY," and has an effective date of October 1, 2010. WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, AGENCY is anon -profit agency, duly organized and operating under the laws of the State of Texas and is engaged in the provision of fire protection services and related services for the benefit of the citizens of Sanger; and WHEREAS, AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY and AGENCY mutually desire to be subject to and contract pursuant to the provisions of Government Code, Chapter 791, the Interlocal Cooperation Act, and Chapter 352 of the Local Government Code, NOW, THEREFORE, COUNTY and AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows. I. TERM The term of this Agreement shall be for the period of October 1, 2010 to and through September 30, 201 1. II. SERVICES The services to be rendered in accordance with this Agreement by AGENCY are the fire protection services normally rendered by AGENCY to citizens of Sanger but which services will now be extended to all citizens of COUNTY residing in the unincorporated areas of COUNTY 2010 — 2011 Interlocal Cooperation Agreement — Fire Protection Services/Sanger - Page I of 6 within the operating territory or jurisdiction of AGENCY as agreed to by AGENCY and COUNTY in this Agreement and as set forth in Exhibit A. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement; for the common good and benefit; and to serve the public convenience and necessity of the citizens of COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety, and rescue services. The services to be rendered are as follows: A. AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY; B. AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as "Sanger" as set out in Exhibit "A" attached hereto and incorporated by reference. C. COUNTY agrees that, in the event a fire in the AGENCY'S unincorporated designated area which AGENCY considers to be of incendiary nature and upon request by AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which AGENCY considers to be of incendiary nature in the AGENCY's incorporated designated area upon request by AGENCY. E. AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 9060 Teasley Lane, Denton, Texas 762104010. This form will serve as the billing statement to COUNTY for reimbursement of calls made in the unincorporated designated area. The Denton County Fire Marshal shall provide the forms upon request from AGENCY. F. AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of AGENCY except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of AGENCY equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be the final determination. 2010 — 2011 Interlocal Cooperation Agreement — Fve Protection Services/Sanger - Page 2 of 6 III. MASON OFFICER COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison Officer" between COUNTY and AGENCY. The County Judge or her designated substitute shall devote sufficient time and attention to this Agreement to insure the performance of all duties and obligations of COUNTY and provide supervision of COUNTY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of COUNTY and AGENCY. IV. PERFORMANCE OF SERVICE AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of AGENCY and COUNTY. V. COMPENSATION COUNTY agrees to pay to AGENCY for the full performance of services as provided in this Agreement the sum of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00), payable upon execution of this Agreement, and the further sum of FOUR HUNDRED FIFTY AND NO DOLLARS ($450.00) per fire call in the designated unincorporated areas of COUNTY from October 1, 2010 to September 30, 2011. COUNTY anticipates AGENCY to run approximately 287 fire calls for a total funding of $129,150.00 for fire calls. The total payments by COUNTY to AGENCY pursuant to this Agreement are estimated to be $139,150,00, COUNTY will make no payment to AGENCY for service provided outside the agreed service district whether by mutual aid Agreement or otherwise. AGENCY understands and agrees that payment by the COUNTY to AGENCY shall be made in accordance with the normal and customary processes and business procedures of COUNTY and in conformance with applicable state law. VI. FINANCIAL RECORDS AGENCY agrees to make available its financial records for audit and/or review as may requested or required by COUNTY. 2010 — 2011 Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 3 of 6 VII. RESPONSIBILITY OF COUNTY COUNTY, to the extent allowed by law, shall be responsible for the acts, negligence, and/or omissions of all officers, employees, and agents of COUNTY while engaged in the performance of this Agreement. VIII. RESPONSIBILITY OF AGENCY AGENCY, to the extent allowed by law, shall be responsible for the acts, negligence, and/or omissions of all officers, employees, and agents of AGENCY while engaging in the performance of this Agreement. IX. APPLICABLE LAW COUNTY and AGENCY understand and agree that liability under this contract is governed by V.T.C.A. Government Code Chapter 791 and V.T.C.A. Local Government Code Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible COUNTY and AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of any default in any of the covenants herein contained, this Agreement may be forfeited and terminated at either party's discretion if such default continues for a period often (10) days after notice to the other party in writing of such default and intention to declare this Agreement terminated. Unless the default is cured as aforesaid, this Agreement shall terminate as if that were the day originally fixed herein for the expiration of the Agreement. XI. TERMINATION This Agreement may be terminated any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, AGENCY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should AGENCY be overcompensated on a pro rata basis for all services performed to termination date, and/or be overcompensated reimbursable expenses as authorized by this Agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance 2010 — 2011 Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 4 of 6 of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that COUNTY and AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as apart of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be and it is hereby invoked to the extent possible under the law. Neither AGENCY nor COUNTY waives nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XIII. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between AGENCY and COUNTY and supersedes all prior negotiations, representations and/or Agreements, either written or oral. This Agreement may be amended- only by written instrument signed by both AGENCY and COUNTY. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall lie in Denton County. XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and. effect to the extent possible. XVI. AUTHORITY The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties 2010 - 201 I Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 5 of 6 hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A" EXECUTED in triplicate originals on the dates set forth below. COUNTY Denton County, Texas 110 West Hickory Denton, Texas 76201 Mary Horn Denton County Judge Acting on behalf of and by the authority A Denton County Commissioners Court of Denton County, Texas DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: BY: Assistant District Attorney AGENCY Sanger Volunteer Fire Department P.O. Box 1729 Sanger, Texas 76266 By_ Name Fire Chief Acting on behalf of and by the authority of the Sanger Volunteer Fire Department DATED: APPROVED AS TO CONSENT: BY: Denton County Fire Marshall AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this Contract/Agreement. James Wells, Denton County Auditor to 2010 — 2011 Interlocal Cooperation Agreement —Fire Protection Services/Sanger - Page 6 of 6 c IN \ �' *ee ��. !: � # g ��( % €• � §, o�aZ § h 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: December 6, 2010 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 Consider, Discuss and Possibly Act on Approving an Interlocal Agreement with Denton County for the Design and Resconstruction of Keaton Road and Freese Drive, 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 Interlocal Agreement with Denton County for Design and Reconstruction of Keaton Road and Freese Drive. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Interlocal Cooperation Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: [THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY, TEXAS, AND THE CITY OF SANGER, TEXAS THIS AGREEMENT is made, entered into and executed by and between Denton County, Texas, a duly organized political subdivision of the State of Texas, engaged in the administration of county government and related services for the citizens of Denton County, Texas, hereinafter "the County;" and the City of Sanger, Texas, a corporate and political body duly organized and existing under the laws of the State of Texas, engaged in the administration of municipal government and related services for the citizens of the City of Sanger, Texas, hereinafter "the City." The County and the City are collectively referred to herein as "the Parties." WHEREAS, the County and the City mutually desire to enter into this Agreement for the purpose of providing for all necessary design and reconstruction of approximately 2,900 linear feet of hot mix asphalt roadway on Keaton Road and approximately 1,500 linear feet of hot mix asphalt roadway on Freese Drive, located within the municipal limits of the City and Denton County Commissioner Precinct #1, hereinafter "the Project;" and WHEREAS, the Interlocal Coopet•ation Act, Texas Government Code Chapter 791, hereinafter "the Act," provides authorization for a local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act and the County and the City hereby mutually agree to be subject to the provisions of the Act; and WHEREAS, the County and the City value the timely completion of the Project which involves roads which are an integral part of the County's road system and the Parties are undertaking the Project to facilitate safe travel on improved roadwasy, and NOW, THEREFORE, this Agreement is hereby made and entered into by the County and the City upon and for Lite mutual consideration stated herein: ICA —Sanger —Keaton Road and Freese Drive I of 7 WITNESSETH: I. Pursuant to Texas Government Code §791.011, the County and the City hereby enter into this Agreement in order to perform certain governmental functions and services in the area of streets, roads and drainage. The purpose of this Agreement is to provide a governmental function or service that each party is authorized to perform individually. II. The County and the City hereby agree that the scope of the Project shall be limited to providing for all necessary design and reconstruction of approximately 2,900 linear feet of hot mix asphalt roadway on Keaton Road and approximately 1,500 linear feet of hot mix asphalt roadway on Freese Drive. The estimated cost for improvements to Keaton Road is FOUR HUNDRED THIRTY-EIGHT THUSAND SIX HUNDRED AND 00/100 DOLLARS ($438,600.00) and the estimated cost for improvements to Freese Drive is ONE HUNDRED EIGHTY THOUSAND ONE HUNDRED AND 00/100 DOLLARS ($180,100.00) with the total estimated cost of the Project being SIX HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED AND 00/100 DOLLARS The County hereby agrees to reimburse the City for 75% of the total cost of satisfactory completion of the Project, up to a maximum amount of FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00), provided that any and all funding is approved by formal action of the Denton County Commissioners Court. Any costs for the Project in excess of FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00) shall be paid for by the City. IV. The City heI•eby agrees to provide any and ail necessary design, engineering, right- of-way acquisition, utility relocation and construction required for satisfactory completion oI the Project. In addition, the City will provide all inspections of the Project. ICA —Sanger —Keaton Road and Freese Drive 2 of � V. This exchange of in -kind services between the County and the City is deemed adequate consideration for the obligations exchanged by the Parties herein. VI. As the City proceeds with the completion of the Project, the City shall submit invoices for reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, on a monthly basis and the County shall reimburse the City on a pro rata basis (which is 75% of each invoice), based on the relative funding obligations of the Parties, for all approved expenses related to the Project within thirty (30) calendar days of receipt of an invoice from the City, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, the County and the City shall prepare and complete a full audit of the Project. VII. As required by Texas Transportation Code §251.012 and as evidenced by the signature of the City's representative below, the governing body of the City by the execution of and approval of this Agreement hereby approves of the expenditure of County money to finance the construction, improvement, maintenance or repair of a street or alley in the County that is located in the City. VIII. This Agreement may be terminated in whole, or in part, by the County oI• the City upon thirty [30] days written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating party. No such termination may be affected unless the defaulting party is given: (1) written notice of intent to terminate, setting forth the substantial failure to perform delivered via certified mail, return receipt requested; (2) not less than thirty [30] calendar days to cure the failure; and (3) an opportunity for consultation with the terminating party prior to termination. In the event of termination by the County, the County shall pay all approved invoices submitted up to and including the date of termination. ICA— Sanger — Keaton Road and Freese Drive 3 of 7 IX. This Agreement represents the entire integrated agreement between the County and the City and supersedes all prior negotiations, representations and/or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both of the Parties. Notices shall be directed as follows: For City: Honorable Thomas Muir, Mayor City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 Copy To: Ms. Tami Taber, City Secretaly City of Sanger, Texas P. O. Box 1729 Sanger, Texas 76266 For County: Honorable Mary Horn Denton County Judge 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Copy To: Denton County District Attorney's Office - Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 The covenants, terms and conditions herein are to be construed under the laws of the State of Texas and are performable by the Parties in Denton County, Texas. The Parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton County, Texas. XI. The County agrees and understands that the County, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the City. ICA—Sanger- Keaton Road and Freese Drive 4 of 7 MI. The City agrees and understands that the City, its employees, servants, agents and/or representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of the County. XIII. The County agrees to accept full responsibility for the acts, negligence and/or omissions of all County employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the County. XIV. The City agrees to accept full responsibility for the acts, negligence and/or omissions of all City employees, agents, subcontractors and/or contract laborers and for all other persons doing work under a contract or agreement with the City. XV. This Agreement is not intended to extend the liability of the Parties beyond that provided for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims made by third parties. XVI. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the filllest extent possible. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. XVIII. This Agreement becomes effective when signed by the last party whose signing makes the respective agreement fully executed and the term of this Agreement is for the ICA —Sanger —Keaton Road and Freese Drive 5 of 7 life of the Project beginning on the date of execution of this Agreement and continuing until the Project is completed. Executed in triplicate originals this DENTON COUNTY, TEXAS 110 West Hickory Denton, Texas 76201 By: Honorable Mary Horn Denton County Judge Acting by and on behalf of the authority the Denton County Commissioners Court ATTEST: By: Denton County Clerk APPROVED AS TO FORM: By: Assistant District Attorney 2010. CITY OF SANGER, TEXAS P. O. Box 1729 Sanger, Texas 76266 By: Honorable Thomas Muir Mayor of the City of Sanger, Texas Acting by and on behalf of the authority of the City of Sanger, Texas ATTEST: By: City Secretary APPROVED AS TO FORM: By: City Attorney COUNTY AUDITOR'S CERTIFICATE I hereby certify funds are available to accomplish and pay the obligation of Denton County, Texas, under this Agreement. Denton County Auditor ICA —Sanger— Keaton Road and Freese Drive 6 of 7 APPROVAL OF INTERLOCAL COOPERATION AGREEMENT Denton County, Texas, acting by and through the Denton County Commissioners Court, having been advised of the Project, with a total contribution by Denton County which shall not exceed 75% of the total cost of the Project up to a maximum amount of FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00), hereby gives its specific written approval to the Project prior to beginning the Project in satisfaction of Texas Government Code §791.014. The description of the Project to be undertaken and its location are as follows: all necessary design and reconstruction of approximately 2,900 linear feet of hot mix asphalt roadway on Keaton Road and approximately 1,500 linear feet of hot mix asphalt roadway on Freese Drive, located within the municipal limits of the City of Sanger and Denton County Commissioner Precinct #l. The local governments which requested the Project and with whom the Agreement is by and between are Denton County, Texas, and the City of Sanger, Texas. By vote on the date below, the Denton County Commissioners Court has approved the Project identified above and authorized execution of this document by the presiding officer of the Denton County Commissioners Court. Date: By: Presiding Officer of the Denton County Commissioners Court ICA —Sanger —Keaton Road and Freese Drive Page 7 of 7 COUNCIL AGENDA ITEM AGENDA TYPE : Regular ❑ special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes ❑ Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: December 6, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ® RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Approving Resolution #R124240 Recognizing the need to protect the Lewisville Lake Watershed. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CI P ❑BUDGETED [:]NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM A Resolution recognizing the necessity of protecting our water supply resources from pollution and endorsing watershed protection and an urgent regional program for the county, cities and utilities located in the watershed of Lewisville lake. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. • List of Supporting Documents/Exhibits Attached: • Resolution R-12-12-10 Prior Action/Review by Council, Boards, Commissions or Other Agencies: RESOLU ION#bjajrj1U A RESOLUTION BY THE CITY COUNCIL OF SANGERI RECOGNIZING THE NECESSITY OF PROTECTING OUR LIMITED WATER SUPPLY RESOURCES FROM POLLUTION; ENDORSING WATERSHED PROTECTION AS AN URGENT REGIONAL PROGRAM FOR THE COUNTY, CITIES, CITYS AND UTILITIES LOCATED IN THE WATERSHED OF LEWISVILLE LAKE; AND EXPRESSING OUR INTENTION TO PARTICIPATE IN WATERSHED PROTECTION STRATEGIES TO PRESERVE AND PROTECT THE ENVIRONMENT AND TO SAFEGUARD THE PUBLIC WELFARE. WHEREAS, the City of Sanger is located in the Lewisville Lake watershed; and WHEREAS, the City Council recognizes that in the long -run our "watershed address" could be as significant for the well-being of our neighborhood as our "street address"; and WHEREAS, the watershed of Lewisville Lake is an area of on -going growth and development; and, the population in this watershed is expected to continue to increase, rapidly transforming the upper reaches of Lewisville Lake and its watershed from a rural setting to an area with urban characteristics; and WHEREAS, we believe that a coordinated Watershed Protection Program will help preserve, protect and enhance existing waterways in this vital watershed, including greenbelts, floodplains, streams, riparian lands, and wetlands; and e Resolution No. 2010- Page 2 of 3 WHEREAS, these waterways and environmental assets extend into and through each community in this watershed - - thus, knitting homes, businesses and communities into a greater neighborhood - - with shared environmental resources to sustain a high quality of life for each community; and WHEREAS, Upper Trinity Regional Water District, has developed a list of suggested Strategies and Key Elements for watershed protection, a copy of which is attached hereto as Exhibit A; and WHEREAS, it is advisable to advance the Lewisville Lake Watershed Protection Program in a cooperative manner with neighboring communities, considering appropriate policies and actions that will help preserve and protect water resources - - right where we live. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANGER: SECTION 1. That the City Council endorses the timeliness of Watershed Protection, as outlined in the preamble of this resolution, to protect the water assets and water resources that are essential elements of our community's health, economy and quality of life. SECTION 2. That the City Council expresses its intention to participate in a coordinated Lewisville Lake Watershed Protection Program - - to help protect the watershed, right where we live, knowing that the quality of life for our people depends on preservation of these irreplaceable water assets. SECTION 3. That the City Council does hereby direct staff to review the attached Strategies and Key Elements for timely recommendations and for incorporation of appropriate items into local policies, practices and standards. Resolution No. 2010- Page 3 of 3 SECTION 4. That the City Council wishes to express its appreciation to the Upper Trinity Regional Water District for serving in a continuing role as facilitator for the development and implementation of a coordinated Watershed Protection Program with strategies and best management practices for the protection of our watershed. SECTION 5. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED THIS DAY OF , 2010. Attest: Tami Taber, City Secretary By: The City of Sanger, Texas Thomas Muir, Mayor Attachment: Exhibit A: Strategies and Key Elements of the Lake Lewisville Watershed Protection Program EXHIBIT A STRATEGIES AND KEY ELEMENTS OF THE EEWISVIEEE LAKE WATERSHED PROTECTION PROGRAM Protecting our fragile watersheds is a priority need for every citizen and every community. The greenbelts and floodplains, streams and waterways, riparian lands and wetlands: all are unique and irreplaceable. These are the important assets that a watershed protection program is designed to preserve and safeguard. Our quality of life and safe drinking water for our families - - all depend on being successful in watershed protection. Strategies (the tools) for a successful Watershed Protection Program can be quite varied, but typically will include many of the following measures and activities: 1. STRATEGIES FOR PROTECTING WATERSHEDS • Preservation of existing natural areas, including flood plains and riparian lands. • Enforcement of erosion control measures at construction sites. • Establishing guidelines for use of fertilizers and chemicals in landscaped areas, to minimize runoff. • Use of organic practices for landscape and gardening activities. • Recycle yard clippings into organic compost. • Improving native vegetation in buffet• zones between waterways and developed areas. • Using floodplains for parks and open space, for habitat and for utility corridors or trail systems. • Use of voluntary conservation easements to acquire property rights to valuable greenbelt landI enabling the preservation of these resources for future generations. • Conversion of braided streams and gravel pits to wetlands or greenbelts. • Using water assets and resources for community recreation, for educational purposes, and to enhance quality of life. • Cooperation and collaboration between communities who jointly share water resource assets such as creeks and other elements of the common watershed. • Promoting public education and watershed awareness programs. • Installation of Watershed Awareness Signs in public places and along roadways. Page 1 Exhibit A Upper Trinity Regional Water District • P.O. Box 305 •Lewisville, Texas 75067 • 972-219-1228 • www.utrwd.com 2. KEY ELEMENTS FOR A WATERSHED PROTECTION PROGRAM • Establishing Greenbelts. A coordinated Watershed Protection Program by the communities located in the Lewisville/Grapevine Lake watershed will help preserve and protect existing waterways, greenbelts, floodplains, streams, riparian lands and wetlands. These assets perform the vital function of filtering out pollutants such as pesticides and fertilizers and other harmful chemicals from entering the streams and waterways, thereby helping safeguard the quality of water entering water supply lakes. • Protecting Water Quality. We all livewatershed, the area around our neighborhood or community from which rainwater drains to a common waterway. A watershed includes yards, roadways, parks, construction sites, streams, flood plains, etc. A. Each person's individual actions in the watershed directly affect the valuable downstream water resources. Everyday activities around homes and businesses have an impact - - either good or bad - - on the watershed. B. Trash left in the watershed is a common problem - - both a pollutant to the water and an eyesore to the neighborhood. Community groups often organize volunteers to help clean- up local waterways. C. Overuse or improper use of fertilizer, pesticides and other chemicals in landscape activities is a significant source of pollutants that find their way into water resources. Therefore, key strategies to protect water quality include the development of guidelines to educate the public about such pollutants, and encouraging the use of organic practices in gardening and landscapes. A strong educational program in schools and for the public about protecting watersheds and water quality is vital. A typical theme for public information can be: "Do you know your watershed address?" • Water Conservation. Water is a precious resource for life. In planning for adequate future water supplies, conservation of existing resources at home and at work is a first step. Communities working together, offering public information programs concerning earth -friendly landscape techniques and irrigation practices can be a major strategy for water conservation. As a double benefit, the strategies that promote water conservation also tend to protect the quality of water resources. For example, the Texas Smartscape program encourages the use of organic techniques for landscaped areas (requiring less fertilizers, pesticides and other chemicals) to help conserve water, and to protect water quality, also. • Collection of Household Hazardous Waste. Proper disposal of Household Hazardous Waste helps protect the watershed and our drinking water resources. Many typical household products such as solvents, pharmaceuticals, cleaning supplies, batteries, paint, pesticides and weed killer pose potential hazards to our drinking water sources. Working with the communities in the watershed, Upper Trinity sponsors a program to safely collect and dispose of such leftover hazardous materials from households. • Education/Public Awareness. Watercourses extend into and through each community in the watershed - -knitting neighborhoods and communities together with a shared environmental resource. Strong public education, public awareness and outreach programs must play a major role in the success of water quality preservation and protection measures. I � Page 2 Exhibit A Upper Trinity Regional Water District • P.O. Box 305 •Lewisville, Texas 75067 • 972-219-1228 • www.utrwd.com S 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: December 6, 2010 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 Consider, Discuss and Possibly Act on Approving Resolution #R12-11-10 Requesting improvements to Interstate 35 East as Designed by the Texas Department of Transportation to be fully* funded and implemented for the full project length from interstate highway 635 in Dallas County to US Highway 380 in Denton County. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [']REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ S. Special ❑ $ BACKGROUND/SUMMARY OF ITEM A Resolution requesting improvements to Interstate 35 East as designed by the Texas Department of Transportation to be fully funded and implemented for the full project length from Interstate Highway 635 in Dallas County to US HWY 380 in Denton County. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. • List of Supporting Documents/Exhibits Attached: • Resolution R-12-1140 Prior Action/Review by Council, Boards, Commissions or Other Agencies: RESOLUTION #R12-11-10 REQUESTING IMPROVEMENTS TO INTERSTATE 35 EAST AS DESIGNED BY THE TEXAS DEPARTMENT OF TRANSPORTATION TO BE FULLY FUNDED AND IMPLEMENTED FOR THE FULL PROJECT LENGTH FROM INTERSTATE HIGHWAY 635 IN DALLAS COUNTY TO U.S. HIGHWAY 380 IN DENTON COUNTY WHEREAS, the interstate highway system in Texas has a positive economic impact and Interstate Highway 35 in particular has become one of the nation's most important interstate routes due to international trade and commerce; and WHEREAS, traffic volume has increased geometrically as cities along Interstate 35 grew and became economic centers of national importance; and WHEREAS, Interstate Highway 35 East (I-35E) has been designated as an international trade route for commerce known as the NAFTA Superhighway; and WHEREAS, Interstate 35 was an original Interstate Highway and approved by the Texas State Highway Commission in 1962 that was 492 miles in length; and WHEREAS, Interstate 35 has been designated by the United States Congress as a National High Priority Corridor — Corridor 23; and WHEREAS, the segment of I-35E fl•om Interstate Highway 635 in Dallas to U.S. Highway 380 in Denton is approximately 28 miles in length with average daily vehicle count of between 175,000 and 200,000 vehicles per day; and WHEREAS, the 2030 traffic projections show traffic will exceed 330,000 vehicles per day in the most congested areas of I-35E; and WHEREAS, the use of managed toll lanes on I-35E has already been authorized by the Federal Highway Administration ("FHWA") through approval of an Express Lane Demonstration Program entered into between TXDOT and FHWA on September 30, 2009; and WHEREAS, the current Design Schematics and Interstate Access Justification for I-35E were approved by FHWA on October 28, 2009; and WHEREAS, the current design plans for I-35E provides for the construction of four general purpose lanes and three access road lanes in each direction, which combined a total of fourteen (14) lanes, for which no toll will be assessed; and WHEREAS, the capacity for the I-35E general purpose lanes and access lanes will be enhanced with the inclusion of two managed toll lanes in each direction where the managed lanes are a critical component to obtain financing necessary to complete development of the project; and WHEREAS, there has been significant public involvement during the development of the I-35E design process, including multiple public meetings and forums; and WHEREAS, TXDOT has over the past ten years worked closely with local elected officials, 3206203.1/SP/23149/0101/101210 stakeholders, and communities of interest along I-35 on the planned improvements; and WHEREAS, the total cost of the project which is divided into three segments covering 28 miles, is projected to be $4.4 billion; and WHEREAS, Denton County has pledged its Regional Toll Revenue in the amount of $535 million, in addition to voter approved County Road Bond funds in the amount of $55 million, to help finance the completion of the entire I-35E project; and WHEREAS, local officials understand the need for and support the inclusion of managed lanes in the congested I-35E corridor; and WHEREAS, the completion of I-35E with the "pay as you go" appropriation method utilizing motor fuel tax revenue could delay implementation of the project for an additional 20-30 years; and WHEREAS, staged construction of I-35E, utilizing innovative financing mechanisms, including Public Private Partnerships remains the only viable alternative to complete the construction of I-35E within a time horizon of 5-7 years; and WHEREAS, I-35E public hearings are scheduled for the Fall of 2010 with environmental clearance and the issuance of a Finding of No Significant Impact expected in the first quarter of 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANGER, TEXAS: Section 1. The City of Sanger supports the proposed TXDOT schematic and design of Interstate Highway 35 East from Interstate Highway 635 to U.S. State Highway 380, which incorporates managed toll lanes. Section 2. The City of Sanger supports the authorization of innovative funding concepts, public private partnerships and other funding alternatives which can be implemented by reauthorizing TXDOT to enter into contracts with private sector partners to complete I-35E, as designed, in 5-7 years. Section 3. The City of Sanger joins with the other political subdivisions adjacent to and along the I-35E corridor to request and support the statutory authority for TXDOT to enter into public private partnerships, as previously authorized by statute, for the purpose of seeking competitive proposals and awarding the construction of the designed improvements for I-35E. Section 4. The City of Sanger supports the expedited consideration of reauthorization for TXDOT to enter into public private partnerships with an effective date in the first quarter of calendar year 2011 to facilitate an early issuance of requests for proposals to accelerate the initiation of the needed improvements for I-35E. Adopted this _day of December, 2010. Tami Taber, City Secretary Thomas Muir, Mayor 3 206203.1 /SP/2 3149/0101 / 101210 h S 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: December 6, 2010 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 Discuss, Consider and Possibly Act on Approving Agreement With Noah's Ark SPCA/Humane Society. 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 An Agreement between Noah's Ark and the City of Sanger to provide certain services and or funds to provide facilities and services for the handling of various animals over a five year term. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. • List of Supporting Documents/Exhibits Attached: • Proposed Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: PROPOSED AGREEMENT BETWEEN THE CITY OF SANGER AND NOAH'S ARK SPCA/HUMANE SOCIETY Pursuant to the provisions of Texas State statutes and Government Codes, this is a Proposed Agreement between the City of Sanger, Denton County, Texas, referred to herein as "Sanger" and Noah's Ark SPCA/Humane Society, a Non -Profit Texas Corporation, herein referred to as "Noah's Ark". I. The purpose of this proposal is to state the terms and conditions under which both parties will agree to provide certain services and/or funds to provide facilities and services for the handling of various animals over a five year term. In consideration of the mutual promises contained in this proposal, Noah's Ark agrees to provide to the citizens of Sanger, for reasonable fees as set forth hereinbelow and for the benefit of said citizens, the use of the Noah's Ark's facilities, when and to the degree necessary to meet the requirements of this proposal as set forth hereinbelow, for the housing, care and placement of dogs, cats and other household pets that have been abandoned, lost or are of a feral nature and are without any other place where they can be housed or cared for and are in need of permanent placement. This agreement shall remain in full force and effect for 60 months from its effective date unless terminated earlier by 30 days prior written notice from either party to the other or extended as set forth below. II Obligations of Sanger A. To accommodate the additional animals, Noah's Arlo intends to make certain improvements to it's existing facilities, some of which have already been purchased, including but not limited to structural changes, electrical, plumbing, drainage, heating and/or air conditioning, adding additional kennels and foundation work. Noah's Ark has retained a contractor and has estimated that the costs of such improvements may be as much as $40,000.00 but could be less. Sanger agrees to fund said improvements and to pay the actual costs of said improvements not to exceed a maximum of $40,000.00. Noah's Ark agrees to use good faith to keep the costs of said improvements as low as possible so long as it doesn't jeopardize the needs of the animals and the shelter staff. Noah's Ark shall submit invoices for the costs of said improvements to Sanger as the costs are incurred by Noah's Ark and Sanger shall pay to or reimburse Noah's Ark for said invoices upon presentation of same to Sanger. Upon full payment by Sanger, the total amount paid by Sanger for such improvements shall be amortized over a 60 month period beginning with the first month of this agreement. Should this agreement be terminated before the end of 60 months from the effective date of this agreement, by either party, Noah's Arlo will refund to Sanger that portion of the payment equal to the prorata share of the remaining term of the 60 months. PROPOSED AGREEMENT BETWEEN THE CITY OF BANGER AND NOAH'S ARK SPCA/HUMANE SOCIETY PAGE 1 B. In addition to the lump sum payment, Sanger will pay to Noah's Ark a monthly service fee. This monthly fee is intended to be adjustable. The initial monthly amount will be $2,400.00 and is based on Noah's Ark's agreement to receive an estimated 15 animals per month from Sanger at $160.00 per animal, although the actual number of animals received each month may be more or less than that estimate. At the end of 12 months from the effective date of the agreement, the average number of animals received by Noah's Ark from Sanger will be calculated and in the event the average is greater than 15 animals per month, the monthly service fee will be increased by $160.00 per animal based on the calculated average. This adjusted monthly service fee will be applied retroactively to the effective date of this agreement and Sanger shall pay to Noah's Ark the increased monthly cost for the prior 12 months together with and when it pays its next regular monthly service fee. The revised monthly service fee will thereafter be monitored on a quarterly basis and the monthly service fee adjusted accordingly. In no event shall the monthly service fee ever fall below the $2,400.00 per month floor. Records of Noah's Ark showing the numbers and kinds of animals received from Sanger shall be made available to and subject to review by Sanger before and as a condition of any adjustment to the monthly service fee. III Obligations of Noah's Ark A. Noah's Ark agrees to accept animals, adult dogs and cats; each month from Sanger to be held for care and adoption. In addition, Noah's Ark will accept kittens and puppies in litters of 4 or less to be counted as one (1) adult animal. The mother animal that accompanies the litter shall also count as one adult animal. In situations where a litter exceeds 4 kittens or 4 puppies, Noah's Ark agrees to accept the additional kittens or puppies subject to Sanger paying an additional $20.00 for each kitten or puppy over the minimum 4 per litter regardless of the number of adult animals received that month. This additional fee shall be paid with and when Sanger pays its next regular monthly service fee. B. Noah's Ark will provide an indoor, heated and air conditioned area with appropriate and safe kennels to house the animals received from Sanger and will maintain the area in a safe and appropriately sanitary condition. C. Before Sanger transfers any animal to Noah's Arlc, said animal shall have been in the custody of Sanger for at least 5 days and in no event less than the minimum number of days required by state statute for the placement and release of confiscated animals. It is intended that each animal received by Noah's Ark shall be adoption safe, subject to any necessary medical treatments, at the time of its receipt. Once an animal is received from Sanger it is deemed to belong to Noah's Ark. Should a previous owner seek to recover an animal, Noah's Ark reserves the right to refuse the release of any such animal in the absence of receiving the required adoption fees and/or any other requirements for adoption. D. On receipt by Noah's Ark, a record of the animal, including but not limited to its breed, PROPOSED AGREEMENT BETWEEN THE CITY OF BANGER AND NOAH'S ARK SPCA/HUMANE SOCIETY PAGE 2 sex, age, markings and history, if any, shall be created and each animal shall receive treatments, including but not limited to flea control and vaccinations, as deemed necessary by the staff of Noah's Ark to bring the animal to an appropriately adoptable condition. Any animal adopted out by Noah's Ark shall be spayed or neutered and the new owner will be given a voucher for rabies vaccination as needed. E. Noah's Ark agrees to use due diligence and good faith to find suitable homes for each of the animals received from Sanger, including but not limited to photographing and posting the animals on web based sites designed for such purposes, contacting various rescue organizations and showing the animals when possible at off sight public events occurring in and around Gainesville, Texas, during the year. IV Euthanasia A. In addition to the foregoing, it is recognized that from time to time Sanger may need the services of Noah's Ark to dispose of certain animals that may be considered unadoptable. Upon the sole decision of the City of Sanger, Sanger may contact Noah's Ark in advance to arrange for a date and time to deliver any such animal to the Noah's Ark's facilities for the purpose of euthanizing said animal. Sanger agrees that it will be solely liable for the decision to euthanize these animals and agrees to save and hold harmless Noah's Ark for performing any such procedures and for all damages, including but not limited to economic, physical and emotional, claimed by any person for the loss of the animal's life. B. Upon delivery to Noah's Ark, the Sanger Animal Control Officer (ACO) shall handle the subject animal. Noah's Arlo staff, certified to do so, shall provide and administer the required drugs to terminate the animal's life. Noah's Ark, shall also provide for the disposal of the animal. The Sanger ACO will remain present and in attendance during the euthanasia procedure and will be responsible for placing the deceased animal in an appropriate container, normally a large plastic bag, and thereafter in the designated freezer unit at the Noah's Ark facility. Thereafter the Sanger ACO shall be free to leave. C. In consideration of this service, Sanger shall pay a $60.00 fee per animal euthanized by Noah's Arlc at Banger's request. This fee shall be payable monthly in addition to and together with its regular monthly service fee. Any such euthanized animal shall not be considered one of the agreed monthly animals referred to III -A above. V Option to Extend Noah's Ark agrees that Sanger shall have an option to extend the terms of this agreement for an additional 24 months under the terms and conditions as set forth hereinabove and contained in PROPOSED AGREEMENT BETWEEN THE CITY OF BANGER AND NOAH'S ARK SPCA/HUMANE SOCIETY PAGE 3 paragraphs II (B) and all of Sections III and IV upon Sanger giving Noah's Ark written notice of it's intent to exercise said option not less than 90 days before the end of the initial 60 month term of this agreement. Said notice must be actually received by Noah's Ark or it's President, managing director or other officer, to be effective. In the event Sanger chooses to exercise such option, this agreement shall continue in force and effect as if the original term had been for 84 months instead of the 60 months as set out in Section I, et seq., above and the written request for the extension shall be an addendum to and made a part of this agreement. VI This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created in this Agreement are performable in Cooke County, Texas. VII This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns, when permitted by this Agreement. VIII A. Incase any 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 may be waived by the parties hereto, thereafter that provision shall be effectively removed from the agreement and shall not thereafter effect any other provision in this Agreement. Such waiver must be in writing and executed by both parties. If so waived by both parties, this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained in it. If in the opinion of either party, the provision materially or significantly effects the purpose and/or intent of this agreement, at the election of such party, that party may terminate this agreement upon 7 days written notice to the other. Any such termination remains subject to the refund requirements of paragraph II -A above. B. This Agreement may be modified only in writing and this Agreement constitutes the sole and only Agreement of the parties and supersedes any prior understandings, written or oral between the parties respecting the subject matter of this Agreement. This proposal becomes an Agreement between the parties and is effective as of the first day of the first month following the date it is fully approved and executed by both parties. C. This agreement must be executed by duly authorized agents of the parties hereto and also attested to by an authorized officer, agent or employee of the parry and by executing this agreement the signers hereto acknowledge and represent that they have been duly, legally and fully authorized PROPOSED AGREEMENT BETWEEN THE CITY OF SANGER AND NOAH'S ARK SPCA/HUMANE SOCIETY PAGE 4 by his or her respective principal to execute this agreement and to bind the principals hereto. CITY OF SANGER, TEXAS NOAH'S ARK SPCA/HUMANE SOCIETY By: Printed name Title Aftested Uy Printed name Title Dated: By: Printed name Title Attested by Printed name Title Dated: PROPOSED AGREEMENT BETWEEN THE CITY OF SANGER AND NOAH'S ARK SPCA/BUMANE SOCIETY PAGE 5 SEA> MINE 20, MA ®RDER Ilet kw tM f1E3 +� �� mRj y, Nq ZARMeM QVIA �W Y� N LM Y d 00 000o NNd 0h O Oti R94W N d MMNd0T (D to d cM (D co :N UM) UM) in O Ln N h P Mm Ir m (D r O0) {V CO W O(D'ai%�M �rNd dqd LOCY)co Q r ~OO 0 WCTLO,O(DmMNMr~00 EW. 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O Cl O O O O O O O LO LO M 00 �- r (n p z 00 LD N O F (D � LO 9q (OI- U� WLiU)LO m N O� z UCO Zo z O O io cj�000 W2EU COLL mC)00 U)Y 0000 c z z z z ODU MGM mmmm o 0 0 0 0 0 0 0 0 N N 0 N N N N N N 0 O 0 SANGER PUBLIC LIBRARY MONTHLY REPORT OCTOBER 2010 Submitted by Victoria Elieson HIGHLIGHTS: As part of "Texas Library Snapshot Day" on October I.J. all activities for one day were recorded and comments from the public were encouraged. Sample comments: "We love Pre-school StorytimeI", "It is truly the placer to go for a free education", "The library should not become a day care center", and "You guys are cool! ! (from one of the kids who hangs out after school). On that day 162 people visited the library, 26 of them came for Storytime and 13 people visited our website. Also on that day 146 items were checked out, 7 reference questions were answered, and 33 people used the computers, five of them needed help (four of these were job search related). ADMINISTRATION: Submitted the Loan Star Libraries Plan of Action. The grant this year will be used for a computer, a barcode scanner, gaming equipment, a side walk sign, summer storytellers, TLA conference expenses and (the largest portion) on book -CD read4ongs for children. Meetings attended: AMO LEER Forum, 10/18-10/19, Quartz Mountain, Oklahoma North Texas Library Consortium, 10/28, Crowley PUBLIC RELATIONS: Participated in the Safe Spook activity sponsored by the Chamber of Commerce. SPECIAL PROJECTS: The Friends of the Library held a Pampered Chef fundraiser. The Sanger Public Library received the AMO LEER grant from the Priddy Foundation. The grant includes 500-600 children's books in Spanish, funding for programs to promote them, funding for shelving to house them and training on how to reach the Hispanic community with information on the availability of the books. The books arrived processed and almost shelf - ready. The value of the books was almost $10,000. The stipend for shelving and programs is $2500. The Foundation tried to make this grant as easy to administer as possible. Two other Denton County libraries, Ponder and Krum also received this grant. PROGRAMS: Two Knitting and Crochet workshops were held, as well as a class on making Christmas cards. The Storytime theme for September was "Community Helpers". During the month Storytime had visits from two firefighters, a nurse practitioner and a police officer. We also made a field trip to the Post Office. The firefighters dressed in their gear and showed some of their tools. The nurse practitioner let children use his stethoscope. The police officer let kids climb in his car and look at his equipment. All of them were friendly, helpful and answered questions so that the kids could understand. At the post office, kids got to mail a letter and then see what happened to it from there. They gave children a coloring book. OCTOBER 2010 STATISTICS 2009 2010 BORROWER CARDS Last Month 2383 3465 New Cards 54 50 Cards reactivated 32 29 TOTAL 2469 3544 CIRCULATION Nonfiction 320 358 Fiction 752 839 Junior Fiction 202 174 Children's Books 639 577 Leased Books 167 154 Interlibrary Loan 20 13 Spanish Materials 2 12 Audio Books 125 127 Music CDs 65 39 Video Materials 697 725 Equipment 30 g Crystal 1 from other libraries 132 TOTAL CIRCULATION 3020 3159 to other libraries 67 INTERNET USERS 1041 819 PROGRAMS Children's Programs 7 8 Children Attending 54 78 Adults Attending 23 41 Other Programs 5 3 Number Attending 56 21 VOLUNTEERS Number of Adults 6 10 Number of Juniors 2 1 Number of Hours 64 103 COLLECTION Books 15531 15797 Leased Books 171 185 Paperback Fiction 2403 2531 Audio Books 581 565 Music CDs 392 359 CD-ROM 197 198 Videocassettes 907 921 DVD 603 734 Microfilm 79 79 Equipment 4 4 TOTAL COLLECTION 20868 21373 REVENUE Fines $160.05 $172.75 Copies $155.00 $117.70 ILL Postage $30.40 $6.07 New Cards $2.25 $5.00 Lost Materials $68.99 TOTAL $416069 $301452 Handcrafting Christmas Cards Lvrvte S. Snrllanrl The holidays will soon be here and many of us are starting to think about the pleasures of giving and receiving gifts and cards. TO make friends and family fee] even more special, consider sending out original, handcrafted Christmas cards. It is easier than most people think, and the Sanger Public Library is making it even easier. The free scrapbooking workshop,"Handcrafting Christmas Cards", at the library will be Sunday, October L4111, from 2-5 p.m. Using scrapbook techniques and materials allows even novices to create unique cards and envelopes sure to be treasured by the recipients. By having the class this early in the fall, participants can take home the skills learned and have time to create more cards at home to fulfill even a long Christmas card list. Participants should bring any holiday-themed scrapbook supplies, such as paper, cardstock, and embellishments like stickers they might wish to use: Some supplies and various envelope and card templates will be provided. A large selection of books about scrapbooking and cardmaking has been borrowed from the North Texas Library Consortium for ideas and inspiration. The library has also been I a Sizzix© die -cut I and 2 alphabet sets, and a Cricut0 die -cut machine with an alphabet set. In addition, the library has numerous stencils, including those for stars, ribbons and bows, ornaments, and Christmas trees that crafters may want to use. Library computers will be available for those who wish to incorporate digital elements in their cards. Scrapbookers of all experience I are invited to attend this free card -making class on the 24'it, Space may be limited, so to reserve a place, or for more information, call the library at 458-3257, come by 501 Bolivar, or go to our website, vw.sangertexas.org/library. SANER Pt�------_-- - -- BLIC LIBRARY TAKING PART N texas Library Snapshot I, Day" The Sanger Public Library is joining libraries across the state: in participating in "Texas Library ; s'f Snapshot Day on October 1.,0 , 2010 to show how important ? academic, public, school, and Special libraries are to the state of Texas. probably On Wednesday, October proy gpt some good T3, the Library will compile u�e,�,t}°�,, t;so LtMRWq411Ye--,statistics, customer comments, e some`;ftinIL e want photographs, and other data to showcase' tie ''great chronicling a typical library educational, economic and day. The results collected at social value of libraries." Sanger Public Library will be 'Dtt Ong. s'exas,Ixibiary' added to those of other Snapshot Day held last spring, IiVfaries across Texas to show thousands of Texans flocked to how libraries provide their libraries to use invaluable services to Texans, computers, took for jobs, "I'm looking forward to complete homework, do Texas Library Snapshot Day," research" or attend programs. laid Library Director Vicky According to Texas Library Elieson. "Our users can tell Association Executive It ,most about Direct . 1 Everyday, Texas is what they val the library; and we will (Continued on pg. 2 - SECTION A) Library Continued from pg1j libraries provide invaluable services and resources to the people of our state. In just one day, 'Texas libraries educate, entertaine , and contribute to th economic well-being of our state." Sanger Public Library did not participate in the spring Snapshot Day. Supporters of the Sanger Public Library are asked to drop by to share their thoughts about the library and possibly bring a child to Preschool Storytime at 10:00am. Texas Library Snapshot Day is a project of the Texas Library Association and the Sanger Public Library. 'The Sanger Public Library is joining libraries across the state in- r.., participating in "I eras Library Snapshot Day" on October 13, j 2010 to show how important A I► academic, public, school, and{rt special libraries are to the state '# , ofT OnWednesday, October probably get some good Oii 13, the Library will compile sugg.�estigts, statistics, customer comments, Alwhave some`ftin V2, .want photographs, and other data to showcase' the "'great chronicling a typical library educational, economic and day. The results collected at social value of libraries." Sanger Public Library will be During Texas Library: added to those of other Snapshot Day held last spring, libraries across Texas to show thousands of Texans flocked to how libraries provide their libraries to itse invaluable services to Texans. computers, look for jobs, "I'm looking forward to complete homework, do Texas Library Snapshot Day," research, or attend programs: $aid Library Director Vicky According to Texas Library Elieson. "Our users can tell Association Executive us what they value most about Director; "Everyday, Texas the library; and we will (Continued on pg. 2 ' - SECTION A) �C®ntinaed fr®m pg.1) libraries provide invaluable services and resources to the people of our state. In just one day, 'Texas libraries educate, entertain, and contribute to the economic well-being of our state." Sanger Public Library � Lt did not participate in the spring Snapshot Day. Supporters of the Sanger Public Library are asked to drop by to share their thoughts abotit the library and possibly bring a child to Preschool Storytime at 10:00am. Texas Library Snapshot Day is a project of the Texas Library Association and the Sanger Public Library. 6 zh 1� Lynne S. Sntilknil The holidays will soon be here and many of us are starting to think about the pleasures of giving and receiving gifts and cards. To make friends and family feel even more special, consider sending out original, handcrafted Christmas cards. It is easier than most people think, and the Sanger Public Library is malting it even easier. The free scrapbooking workshop,"Handcrafting Christmas Cards", at the library will be Sunday, October 24"', from 2-5 p.m. Using scrapbook techniques and materials allows even novices to create unique carets and envelopes sure to be treasured by the recipients. By having the class this early in the fall, participants can tape home the skills learned and have time to create more cards at home to fulfill even a long Christmas card list. Participants should bring any holiday-themed scrapbook supplies, such as paper, cardstock, and embellishments like stickers they alight wish to use: Some supplies and various envelope and card templates will be provided. A large selection of books about scrapbooking and cardmaking has been borrowed from the North Texas Library Consortium for ideas and inspiration. The library has also been I a Sizzix© die -cut I and 2 alphabet sets, and a Cricut® die -cut machine Ni an alphabet set. In addition, the library has ntmierous stencils, including those for stars, ribbons and bows, ornaments, and Christmas trees that crafters may want to use. Library m coputers will be available for those who wish to incorporate digital elements in their cards. Scrapbookers of all experience I are invited to attend this tree carol -making class on the 24"'. Space may be limited, so to reserve a place, or for more information, call the library at 458-3257, come by 501 Bolivar, or go to our website, wvw.sangertexas.org/library. David J. Park Vice President Rates & Reaulatory Affairs November 23, 2010 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 December 2010 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. Sincerely, Attachment Atmos Energy Corporation 5420 �BJ Freeway, Suite 1862 Dallas, TX 75240 P 214-206-2568 F 214-206-2126 David.Park@atmosenergy.com 7 a c N 1 d CD v o a --I 03 0 a 0 n' o' m N m 0 O m a 0 Z 9 c 0 N O w 0 0 0 r (NIi A W N O O00 V 0)(n �A W N � pCO W V OCn? 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