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11/01/2010-CC-Agenda Packet-Regular1. AGENDA CITY COUNCIL MONDAY, NOVEMBER 1, 2010 7:00 PM 502 ELM STREET Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: October 18, 2010 -Council Meeting b) Disbursements 4. Consider any Items Removed from Consent Agenda. REGULAR AGENDA 5. Discuss, Consider and Possibly Act on Ordinance #11-19-10 -Amending Article 4.000, Utility Related Fees. 6. Discuss, Consider and Possibly Approve Interlocal Agreement with Denton County for Library Services. 7. EXECUTIVE SESSION: Pursuant to the Open Meetings Act, Chapter 551, the City Council will meet in a closed executive session in accordance with the Texas Government Code: Section 551.072 (Deliberation regarding the purchase, exchange, lease or sale of real property for future expansion of certain programs and services) to discuss the following. aI Deliberation Regarding Real Property (Section 551.072, Texas Government Code) — The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. 8. RECONVENE: OPEN MEETING Any action taken. 9. INFORMATION ITEMS a) ATMOS Rider GCR-Rate Filing Under Docket No. 9762 10. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the gene . 1 public at all times, and said notice was osted on the following date and time. z � '��D C�/ D at D m. and shall remain posted until meeting is adjourned. or 04111 Tami Taber, City Secretary City of Sanger, Texas iiof , TO' • 4 A J ay This facility is wheelchair accessi il'r�, ajje¢A*h ible 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 MEETING October 18, 2010 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Rusty Patton, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Kelli Alexander, Sam Alexander, Jeanie Barajas, Leonard Dodson, Stefam Dodson and Meredith Denton 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order, Councilman Martin led the Invocation followed by Councilman Patton leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Kelli Alexander, Sam Alexander, Leonard Dodson and Stephanie Dodson spoke about the animal shelter. CONSENT AGENDA 3. a) Approval of Minutes: September 20, 2010 -City Council b) Disbursements Councilwoman Johnson made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Resolution #1110-09-10 -Approving a Financing by the Sanger Cultural Education Facilities Corporation for the Benefit of Clarewood House, Inc., and Related Matters. Councilman Patton made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 6. Consider, Discuss and Possibly Act on Approving an Interlocal Agreement Between the City of Sanger and Denton County Giving Them the Right to Refuse to Register or Re -Register Certain Motor Vehicles if the Owner of That Vehicle has an Outstanding Warrant From the City. Councilman Martin made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 7. EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code. Section 551.074 (Personnel Matters) -Confer With the City Manager Concerning Performance Appraisal. Council convened at 7:23 p.m. 8. RECONVENE: OPEN MEETING Council reconvened at 7:54 p.m. No action taken. 9. INFORMATION ITEMS a) Animal Control Monthly Report b) Monthly Library Report for September c) ATMOS Rider GCR-Rate Filing Under Docket No. 9762 10. Adjourn. Mayor Muir adjourned the meeting. 10/13/2010 3:37 PM A / P CHECK REGISTER PAGE: 1 PACKET: 03618 Regular Payments/NJV10/13/10 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE •DATE DISCOUNT AMOUNT NO# AMOUNT 09600 AFLAC C-201010123499 AFLAC R 10/13/2010 0.07 044536 I-AFK201009093390 INSURANCE R 10/13/2010 85.14CR 044536 I-AFK201009223438 INSURANCE R 10/13/2010 85.14CR 044536 I-AFL201009093390 INSURANCE R 10/13/2010 830992CR 044536 I-AFL201009223438 INSURANCE R 10/13/2010 830o92CR 044536 1/832905 15890 ALL AMERICAN SURVEYING I-13323-S2 TIE IN EXISTING MANHOLES R 10/13/2010 11500.00CR 044537 I-13711-S2 TIE IN EXISTING MANHOLES R 10/13/2010 770.000R 044537 2/270400 13080 BLUE CROSS BLUE SHIELD C-201010133516 BLUE CROSS BLUE SHIELD R 10/13/2010 345.19 044538 I-201010133518 BLUE CROSS BLUE SHIELD R 10/13/2010 344.09CR 044538 I-201010133519 BLUE CROSS BLUE SHIELD R 10/13/2010 539028CR 044538 I-BHC201009223438 MEDICAL BCBS HI PPO CHILD R 10/13/2010 31774.96CR 044538 I-BHF201009223438 MEDICAL BCBS HI PPO FAMILY R 10/13/2010 1,233.84CR 044538 I-BHO201009223438 MEDICAL HIGH PPO - EMPLOYEE R 10/13/2010 81974.94CR 044538 I-BHO201009273439 MEDICAL HIGH PPO - EMPLOYEE R 10/13/2010 345.19CR 044538 I-BHS201009223438 MEDICAL BCBS HI PPO SPOUSE R 10/13/2010 11095.66CR 044538 I-BLC201009223438 MEDICAL BCBS LOW PPO CHILD R 10/13/2010 21216.4OCR 044538 I-BLF201009223438 MEDICAL BCBS LOW PPO FAMILY R 10/13/2010 51308.38CR 044538 I-BLS201009223438 MEDICAL BCBS LOW PPO SPOUSE R 10/13/2010 962620CR 044538 I-INS201009093390 HEALTH INSURANCE R 10/13/2010 2,737.50CR 044538 I-INS201009223438 HEALTH INSURANCE R 10/13/2010 21737.50CR 044538 29,924675 *VOID* VOID CHECK V 10/13/2010 044539 **VOID** 03110 CARDINAL TRACKING INC. I-94934 ANNUAL SOFTWARE AGREEMENT R 10/13/2010 31123.000R 044540 30123.00 07850 CLEAT I-CLT201009093390 ASSOCIATION DUES EMPLOYEE R 10/13/2010 90.000R 044541 I-CLT201009223438 ASSOCIATION DUES EMPLOYEE R 10/13/2010 90.000R 044541 180.00 03320 COLONIAL LIFE INSURANCE C-201010123504 COLONIAL LIFE INSURANCE R 10/13/2010 0.08 044542 I-201010123502 COLONIAL LIFE INSURANCE R 10/13/2010 0.04CR 044542 I-COL201008113281 HEALTH INSURANCE R 10/13/2010 11.80CR 044542 I-COL201008253337 HEALTH INSURANCE R 10/13/2010 11.8OCR 044542 I-COL201009093390 HEALTH INSURANCE R 10/13/2010 11.80CR 044542 I-COL201009223438 HEALTH INSURANCE R 10/13/2010 11.80CR 044542 I-LIF201008113281 LIFE INSURANCE R 10/13/2010 58.83CR 044542 I-LIF201008253337 LIFE INSURANCE R 10/13/2010 58.83CR 044542 I-LIF201009093390 LIFE INSURANCE R 10/13/2010 58.83CR 044542 I-LIF201009223438 LIFE INSURANCE R 10/13/2010 58.83CR 044542 282.48 10/13/2010 3:37 PM A / P CHECK REGISTER PACKET: 03618 Regular Payments/NJV10/13/10 VENDOR SET: 99 BANK "POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 06550 KALEN PROPERTY MAINTENANC I-10-2479 TEST 10 BACKFLOW DEVICES 10610 LEADERSLIFE INS. COMPANY C-201010133506 LEADERSLIFE INS. COMPANY I-LLI201008113281 LIFE INSURANCE I-LLI201008253337 LIFE INSURANCE I-LLI201009093390 LIFE INSURANCE I-LLI201009223438 LIFE INSURANCE I-LLI201009273439 LIFE INSURANCE 08300 JONATHAN PERKINS I-201010133524 MEALS-10/18 - 10/22 05400 PRE -PAID LEGAL CASUALTY I-PPL201009093390 PREPAID LEGAL SERVICES I-PPL201009223438 PREPAID LEGAL SERVICES 21840 ROOF MASTERS I-11087 103 BOLIVAR 08150 SIMPSON WRECKER SERVICE I-23367 TOWING OF TRUCK 02260 SS TELEMETRY I-8533 INSTALL SCADA SOFTWARE I-8552 INSTALL SCADA SOFTWARE 06770 SUN LIFE FINANCIAL C-201010133507 D-201010133508 I-201010133509 I-SLD201009093390 I-SLD201009223438 I-SLF201009093390 I-SLF201009223438 I-SLS201009223438 I-SLS201009273439 SUN LIFE FINANCIAL SUN LIFE FINANCIAL SUN LIFE FINANCIAL DEPENDENT DENTAL DEPENDENT DENTAL FAMILY DENTAL FAMILY DENTAL EMPLOYEE DENTAL EMPLOYEE DENTAL CHECK CHECK TYPE DATE R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 R 10/13/2010 20850 T&L SEPTIC SERVICES I-10-233 PUMP OUT LIFT STATION R 10/13/2010 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 650.00CR 044543 650.00 8.75 044544 60.68CR 044544 60.68CR 044544 60.68CR 044544 60.6BCR 044544 8.67CR 044544 242.64 175.00CR 044545 175.00 7.48CR .044546 7.98CR 044546 14.96 1,796.54CR 044547 1,796.54 75.00CR 094548 75.00 120.00CR 044549 180.00CR 044549 300.00 24.27 044550 24.27CR 044550 24.27CR 044550 12lo40CR 044550 121630CR 044550 408.80CR 044550 408.66CR 044550 1,308o04CR 044550 24.68CR 044550 2,417.15 700.00CR 044551 700.00 10/13/2010 3:37 PM A / P CHECK REGISTER PACKET: 03618 Regular Payments/NJV10/13/10 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE TOTAi, ERRORS : 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: 3 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT NO# DISCOUNTS CHECK AMT TOTAL APPLIED 15 0.00 43,983.57 43,983.57 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 16 0.00 43,983.57 43,983.57 10/13/2010 3:37 PM A / P CHECK REGISTER PACKET: 03618 Regular Payments/NJV10/13/10 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE PAGE: 4 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT ** POSTING PERIOD RECAP ** FUND ------------------------------------------- PERIOD AMOUNT 001 10/2010 27,291.17CR 008 10/2010 16,692.40CR ALL 43,983.57CR 10/13/2010 12:47 PM A / P CHECK REGISTER PAGE: 1 PACKET: 03615 b>�gular PaymentsNV VENDOR SET*' 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 18100 AMERICAN MUNICIPAL SERVICES I-6794 WARRANT COLLECTION R 10/13/2010 519.78CR 044523 519.78 02460 AT&T MOBILITY I-287019592694X09282 8/23 - 9/22 R 10/13/2010 162062CR 044524 162.62 01550 ATMOS I-201010133511 8/31 - 9/30 R 10/13/2010 58.32CR 044525 58.32 10760 BRODART CO I-M52251 BOOK LEASE RENEWAL R 10/13/2010 11758.12CR 044526 1/758612 03150 VICTORIA ELIESON I-201010073474 REIMB FOR GAMING SUPPLIES R 10/13/2010 9.24CR 044527 9.24 07350 GENTLE'S OIL AND TIRE I-201010133523 TIRES FOR 20-02 -779 R 10/13/2010 10.00CR 044528 10.00 1 JUANA GONZALEZ I-201010133521 10-8 JUANA GONZ R 10/13/2010 100.00CR 044529 100.00 1, MARY SHELTON I-201010133522 10/10 SHELTON R 10/13/2010 100.000R 044530 100.00 18470 DON O'CONOR I-62898 BOOTS R 10/13/2010 50.00CR 044531 50.00 1 SALLYE ROBINSON I-201010133520 10-9 SALLYE RO R 10/13/2010 100.000R 044532 100.00 13380 SANGER BANK I-63 07071866 00055 # 63 R 10/13/2010 11542.07CR 044533 11542.07 05350 TEXAS EXCAVATION SAFETY SYST I-10-6483 SEPT MESSAGE FEES R 10/13/2010 56.05CR 044534 56.05 02910 UPPER TRINITY I-A271010 ADMIN FEES R 10/13/2010 21456600CR 044535 I-VI271010 SEPT 2010 R 10/13/2010 161365.52CR 044535 18,821052 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 13 0.00 23,287072 23,287.72 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: 13 0.00 23,287972 23,287.72 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 10/13/2010 12:47 PM PACKET: 03615 °+mgular PaymentsNV VENDOR SET:` 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC A / P CHECK REGISTER PAGE: 2 CHECK CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT ------------------------------------------- 001 10/2010 4,391.92CR 008 10/2010 181895.80CR ALL 231287.72CR 10/18/201C,12:12 PM PACKET: 03622 10/18/lONV VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT DIRECT PAYABLES CHECK REGISTER CHECK CHECK VENDOR I.D. NAME TYPE DATE --------------------------------------------------------------------------- 00600 CITY OF SANGER I-201010183525 DENTON COUNTY CLERK FEES R 10/18/2010 ** B A N K T O T A L S ** NO# DISCOUNTS REGULAR CHECKS: 1 0.00 HANDWRITTEN CHECKS: 0 0.00 PRE -WRITE CHECKS: 0 0.00 DRAFTS: 0 0.00 VOID CHECKS: 0 0.00 NON CHECKS: 0 0.00 CORRECTIONS: 0 0.00 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT --------------------------------------------------- 100.50 044552 CHECK AMT TOTAL APPLIED 100.50 100.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BANK TOTALS: 1 0.00 100.50 100.50 100.50 10/18/201C 12:12 PM PACKET: 03622 10/18/10NV VENDOR SET: 99 AP VENDOR SET BANK: ALL DIRECT PAYABLES CHECK REGISTER ** REGISTER GRAND TOTALS * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 100.50 100.50 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 0.00 100.50 100.50 ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT ----------------------------------------- 001 10/2010 100.50CR ALL 100.50CR TOTAL ERRORS: 0 TOTAL WARNINGS: 0 PAGE: 2 10/26/2010 4:42 PM A / P CHECK REGISTER PAGE: 1 PACKET: 03641 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 21040 A & A ACTIVE BACKFLOW I-3564 BACKFLOW TEST & REPAIR R 10/26/2010 625436CR 044612 625.36 07860 ACT PIPE SUPPLY, INC I-471968 CLAMPS R 10/26/2010 1,368.90CR 044613 1,368.90 01550 ATMOS I-201010253534 L 9/16-30/10 GAS R 10/26/2010 92.19CR 044614 92.19 00420 BOUND TREE MEDICAL, LLC I-80486259 MISC MEDICAL SUPPLIES R 10/26/2010 13.79CR 044615 I-80486934 MISC MEDICAL SUPPLIES R 10/26/2010 11737.39CR 044615 I-80488247 MEDICAL SUPPLIES R 10/26/2010 61650CR 044615 I-80488989 MEDICAL SUPPLIES R 10/26/2010 75.62CR 044615 11888*30 10760 BRODART CO I-149811 LIBRARY SUPPLIES R 10/26/2010 110.06CR 044616 110.06 21440 CLEAR CREEK MATERIALS, INC I-10081002 CLEAR CREEK MATERIALS, INC R 10/26/2010 70wOOCR 044617 I-10151009 TRANSPORT MATERIAL R 10/26/2010 315.00CR 044617 385600 40 COMMERCIAL SERVICES I-201010253535 LEASE ON ICE MAKER/OCT R 10/26/2010 400.00CR 044618 40M0 08770 CPI OFFICE PRODUCTS I-2681460-0 INK,PAPER,MONITER STAND R 10/26/2010 210600CR 044619 I-2688622-0 INK, PAD, CALENDAR R 10/26/2010 48.34CR 044619 258634 00710 DATA BUSINESS FORMS INC. I-78565 COURT ENVELOPES R 10/26/2010 95675CR 044620 95,75 08190 DISPLAY SALES I-0075563 18" BIPTICS R 10/26/2010 31.00CR 044621 31.00 17640 DOLLAR GENERAL - CHARGED SALES I-105855 MISC SUPPLIES R 10/26/2010 141.00CR 044622 141.00 20640 FOSTERS LOCK SERVICE I-4505 NEW COMB LOCK 201 BOLIVAR R 10/26/2010 175.00CR 044623 175.00 17240 FOUR SEASONS NURSERY I-201010253537 PLANTS & MULCH -CITY HALL R 10/26/2010 292.00CR 044624 292.00 10/26/2010 4:42 PM A / P CHECK REGISTER PAGE: 2 PACKET: 03641 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 05900 FULTONS I-000101142658 HITCH & JACKSTAND R 10/26/2010 91.20CR -044625 I-000101143102 COUPLINGS -UT BED R 10/26/2010 24.00CR 044625 115.20 03660 GOHLKE POOL SUPPLY, INC. I-109005-1 300 LBS HTH R 10/26/2010 509.97CR 044626 509.97 16900 GST PUBLIC SAFETY SUPPLY I-2100021010 NAME TAGS R 10/26/2010 18.50CR 044627 18.50 15500 HERITAGE MICROFILM I-155717 MICROFILMING 2009 NEWSPAP R 10/26/2010 287.53CR 044628 287.53 05510 IESI I-1200254266 DUMPSTER RENTAL/SLUDGE R 10/26/2010 651.81CR 044629 651.81 19830 JOE ILIFF f I-201010263538 TRAVEL EXP R 10/26/2010 135.00CR 044630 135.00 19310 INTERMEDIX TECHNOLOGIES, INC. I-0930 EMS BILLING R 10/26/2010 556.80CR 044631 556.80 JULIENE SHOCKLY I-201010263540 10/15/10 JULIE R 10/26/2010 100.00CR 044632 100.00 01380 KARL-KLEMENT FORD, INC. I-244169 SHIFTER COLUMN ASSEMBLEY R 10/26/2010 30.84CR 044633 I-244238 SHIFTER COLUMN ASSEMBLEY R 10/26/2010 15.03CR 044633 45.87 22500 KIRBY-SMITH MACHINERY, INC. I-75249 EQUIP RENTAL R 10/26/2010 3,627.60CR 044634 I-75250 EQUIP RENTAL R 10/26/2010 21434.80CR 044634 I-75251 EQUIP RENTAL R 10/26/2010 3,259.20CR 044634 I-75252 EQUIP RENTAL R 10/26/2010 51750.00CR 044634 I-75377 EQUIP RENTAL R 10/26/2010 3,146.00CR 044634 18,217.60 01310 LUTTRULL MCNATT, INC. " I-CTCS537154 EVAP REPAIR R 10/26/2010 157.95CR 044635 I-CTCS537860 STATE INSPECTION 431-32 R 10/26/2010 39.75CR 044635 197.70 08690 O'REILLY AUTO PARTS I-258210 PARTS R 10/26/2010 172.99CR 044636 I-258275 PARTS R 10/26/2010 45.96CR 044636 I-258481 10 LBS WELDING WIRE R 10/26/2010 111.50CR 044636 I-259568 AIR/OIL FILTERS #30-30 R 10/26/2010 130694CR 044636 I-259940 AIR/OIL FILTERS #30-30 R 10/26/2010 92.14CR 044636 553.53 10/26/2010 4:42 PM A / P CHECK REGISTER PAGE: 3 PACKET: 03641 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 18360 PLUMBERS CONTINUING EDUCATION I-201010253536 PCE CLASS R 10/26/2010 85.00CR 044637 85.00 17260 QUEST CARE I-0910 EMS DIR SERVICES SEPT 10 R 10/26/2010 500.00CR 044638 500.00 02120 QUILL, INC. I-8625876 OFFICE SUPPLIES R 10/26/2010 157022CR 044639 157.22 02170 REINERT PAPER & CHEMICAL, INC. I-256928 TRASH BAGS,CLEANER,TP R 10/26/2010 165678CR 044640 I-257063 TRASH LINERS R 10/26/2010 165.33CR 044640 I-257515 PAPER TOWELS & TP R 10/26/2010 285.48CR 044640 I-257731 TOWELS & MIST AWAY R 10/26/2010 81.12CR 044640 697.71 16240 SCHAD & PULTE I-77106 02 BOTTLES R 10/26/2010 11.50CR 044641 11.50 09550 SOUTHWEST CHEMICAL, I NC. 1-90242 CHLORINE R 10/26/2010 2,550.00CR 044642 2/550600 18110 STRATEGIC GOVERNMENT RESOURCES, INC. I-5263 TRAINING R 10/26/2010 14.95CR 044643 14.95 02690 TECHLINE, INC. I-1446767-00 150W HPS PKG B FIXTURE R 10/26/2010 260.00CR 044644 I-1446796-00 150KVA 3 PHASE TRANSFORME R 10/26/2010 51785.00CR 044644 I-1446802-00 POLES R 10/26/2010 396olSCR 044644 I-1446802-01 POLES R 10/26/2010 218020CR 044644 I-1446926-00 PRIMARY CONDUCTOR,COPPER R 10/26/2010 21308.17CR 044644 I-1446942-00 GLOBES,WEATHERHEAD,ADAPTE R 10/26/2010 11048.90CR 044644 I-3049451-00 DEWALT BATTERIES &CHARGER R 10/26/2010 745.25CR 044644 10,761.67 06930 TEXAS ELECTRIC COOPERATIVES I-201010263539 SAFETY CLASSES/TRAINING R 10/26/2010 41575600CR 044645 4/575000 04560 TMCEC I-201010263541 ANNUAL JUDGE SEMINAR R 10/26/2010 150.00CR 044646 150.00 20930 VERIZON WIRELESS I-201010253533 9/2-10/l/10 R 10/26/2010 46.58CR 044647 46.58 10/26/2010 4:42 PM PACKET: 03641 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 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 CHECK DISCOUNT AMOUNT NO# NO# DISCOUNTS CHECK AMT TOTAL APPLIED 36 0.00 46,802.04 46,802.04 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 36 0.00 46,802.04 46,802.04 PAGE: 4 CHECK AMOUNT 10/27/2010 9:50 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03644 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE. DISCOUNT AMOUNT NO# AMOUNT 20410 CARE NOW CORPORATE I-052916 RODNEY GARRETT R 10/27/2010 50.000R 044648 50.00 04160 COMET CLEANERS I-201010273545 ELECT DEPT CLEANING R 10/27/2010 81.25CR 044649 81.25 00840 DENTON PUBLISHING CO., INC. I-91782 AD FOR COURT CLERK R 10/27/2010 202600CR 044650 202.00 19170 DEWAYNE DOUTHITT I-201010273547 CELL PHONE REIMBURSEMENT R 10/27/2010 27.90CR 044651 27.90 22590 EMPIRE MATERIALS & RECYCLING I-70490 DISPOSAL OF 170LBS EVIDEN R 10/27/2010 l70oOOCR 044652 170.00 20980 EXPRESS SERVICES, INC. I-98933046-9 10/3 R 10/27/2010 4,212.70CR 044653 4,212.70 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750YD1009 KATIE GRIFFIN BACKGROUND R 10/27/2010 117400CR 044654 117.00 22560 LAUREL ANN GIDEON I-201010273549 TEMP WORKER R 10/27/2010 110.50CR 044655 110.50 19500 NAPA AUTO PARTS I-229105 BATTERY CHARGER 670-24 R 10/27/2010 34.49CR 044656 34.49 04300 NCTCOG I-64342 ANNUAL MEMBERSHIP R 10/27/2010 705.000R 044657 705.00 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP 1-91000474 SEPT 2010 R 10/27/2010 285.000R 044658 285.00 I 08690 O'REILLY AUTO PARTS ( 1-258401/258639 AIR/OIL FILTERS R 10/27/2010 69.84CR 044659 69.84 18380 R & T MECHANICAL I-19256 HEAT STRIP,CIRCUIT BOARD R 10/27/2010 789.000R 044660 789.00 i 02160 REGNIER & ASSOCIATES 3 I-7658 RENEWAL INSTALLMENT R 10/27/2010 71337.00CR 044661 71337.00 10/27/2010 9:50 AM A / P CHECK REGISTER PAGE: 2 PACKET: 03644 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02300 SANGER COURIER: LEMONS NEWSPAPERS, INC. I-12770 SEPT SPORTS PAGE,ADS R 10/27/2010 345.000R 044662 345.00 17400 PRECIOUS STAFFORD I-100810 10/4 - 10/6 SUPPORT R 10/27/2010 330.000R 044663 330.00 02510 STATE COMPTROLLER I-201010273546 CRIMINAL COST AND FEES R 10/27/2010 161970.09CR 044664 16,970009 1$l10 STRATEGIC GOVERNMENT RESOURCES, INC. I-5245 2011 MEMBERSHIP DUES R 10/27/2010 195.000R 044665 195.00 20830 TEXAS DEPARTMENT OF AGRICULTURE I-00771431 PESTICIDE RENEWAL -HUNTER R 10/27/2010 80.000R 044666 80.00 04960 TEXAS MUNICIPAL CLERKS ASSOCIATION I-201010273544 ANNUAL MEMBERSHIP R 10/27/2010 85.000R 044667 85.00 02580 TEXAS WORKFORCE COY[Ma I-201010273542 QTRLY UNEMPLOYMENT R 10/27/2010 937.40CR 044668 937.40 19720 THE CENTER FOR AMERICAN G INT'L LAW I-201010273548 PLANNING,ZONING,EMINENT R 10/27/2010 295.000R 044669 295.D0 20480 TMHRA I-201010273543 ANNUAL MEMBERSHIP - TABER R 10/27/2010 75.000R 044670 75.00 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 23 0.00 33,504617 33,504.17 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: 23 0.00 331504.17 33,504617 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 10/27/2010 10:11 AM PACKET: 03646 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 00600 CITY OF SANGER I-201010273550 8/19 - 9/13/10 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 10/27/2010 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 22,962.11CR 044671 22,962.11 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 22,962.11 22,962.11 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 22,962.11 22,962.11 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: November 1, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date I-_ 7- ACTION REQUESTED: ®ORDINANCE 911-1940 ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discuss, Consider, and Possibly Act on Proposed Amendments to Article 4.000, Utility Related Fees of Appendix A "Fee Schedule" of the Code of Ordinances of the City of Sanger, Texas. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CIP []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 As discussed during the budget process and at the preceding work session, water and wastewater fees do not generate sufficient revenues to cover expenses. Staff recommends raising these fees gradually over the next few years to get them in the black and to begin generating revenues for future improvements. These increases will result in about a 7% increase for residential customers or around $2.00 per month. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: • Ordinance #114 94 0 Utility Related Fees • Utility Related Fees as changed/without changes Prior Action/Review by Council, Boards, Commissions or Other Agencies: • None ARTICLE 4.000 UTILITY RELATED FEES Division 4.100 Generally Sec. 4.101 Utility Reconnection Fees Service may be discontinued, upon ten days written notice to customers having past due bills on the twenty-seventh day of the month of billing. In addition, a thirty dollar ($30.00) service fee will be assessed to all water (customers] and a thirty dollar ($30.00) service fee will be assessed to all electric customers whose service bill has not been paid by the twenty-seventh of the month of billing, whether the service has been disconnected or not. Sec. 4.102 Tampering Fee In the event the user or customer or his agent restores water services or electric services after service has been disconnected by the city, or the user or customer or his agent tampers with the water meter or the electric meter or service line appurtenances in any manner, based on the best estimated time that tampering occurred, an average kwh usage fee will be charged. All vehicle, man-hours and equipment replacement costs will also be charged. A tampering fee of two hundred dollars ($200.00) shall be collected in addition to the reconnect fees. Sec. 4.103 Utility Service Fees (a) Utility Service Fee. To a customer that has requested water service be connected and are not present at time of connect, and there is an issue not allowing services to be left on, thus causing an additional service trip for reconnect: $20.00. (b) After -Hours Utility Service Fee. To a customer who requests a utility service connection or disconnection after 4:00 p.m., where the connection or disconnection is due to no fault of the city, will be charged a service fee of $50.00 in addition to the $30.00 reconnect fee on each service. Division 4.200 Solid Waste Sec.4.201 Reserved Sec. 4.202 Collection Fees (a) Residential Customers. Two pickups per week: Actual cost plus $2.00 administrative fee. (b) Commercial Customers. One pickup per week, maximum one 96-gal. container: Actual cost plus $2.00 administrative fee. (c) Container Services. (1) Three-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (2) Four-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (3) Six-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (4) Eight-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Three pickups per week: Actual cost plus $2.00 administrative fee. (D) Extra pickup: Actual cost plus $2.00 administrative fee. (5) Thirty-yd. containers. (A) Commercial user. (i) Rent: Actual cost plus $2.00 administrative fee. (ii) Delivery: Actual cost plus $2.00 administrative fee. (iii) Each pickup: Actual cost plus $2.00 administrative fee. Sec.4.203 Reserved Sec. 4.204 Fee for Removal of Illegally Dumped Refuse on Private Property A charge of twenty-five dollars ($25.00), over and above the actual cost of removal, for each collection and removal of solid waste materials shall be levied, assessed and collected against such property each time such collection and removal of solid waste materials shall be performed, provided that an additional charge can be levied, assessed and collected against such premises for the actual additional cost for said collection and removal. The charges provided for herein shall be levied, assessed and collected by the city, and if any person shall fail to pay such charges so assessed within thirty (30) days after proper notice, the city will file with the county clerk a statement setting out the expenses that the city has incurred pursuant to the provisions of this section, and the city shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expense to the city, together with ten (10) percent interest from the date such payment is due. Division 4.300 Water and Sewer Sec. 4.301 Residential Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof. Such sum is to be determined and collected by the utility department and shall be at the following rates. Tap charges for sizes up to 1" $2,000,00 Additional meter for sprinkler system $350900 Charge for meter, box and connections Actual cost + $500.00 refundable deposit against damage during construction Charge for water connect fees (user fee) $30.00 Charge for service interruption supervision $35.00 (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. Editor's note -The charge for the water connect fees was changed at the request of the city. Sec. 4.302 Residential Sanitary Sewer Service Connections The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. The city shall charge two thousand dollars ($2,000.00) for each connection. Sec. 4.303 Commercial Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof Such sum is to be determined and collected by the utility department and shall be at the following rates: (1) Duplexes. Tap charges for all sizes up to 2" $350.00 Plus $1,650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $1,650,00 for each habitable unit (2) Apartments. Tap charges for all sizes up to 2"$350.00 Plus $1,650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $1,650.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2"$350.00 Plus $300.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $300.00 for each habitable unit (4) All Other Commercial. The following list shall apply to all other commercial taps: Up to 1" line $2,000.00 2" line $31000.00 3" line $3,600.00 4" line $41300.00 6" line $5,700,00 8" line $61900.00 Charge for meter, box and connections Actual Charge for water connect fees (user fee) $30.00 Charge for service interruption supervision $35.00 Editor's note -The charge for the water connect service fees was changed at the request of the city. (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. (d) All meters and meter boxes shall be supplied by the city. In the event that a meter and meter box is installed by the developer, the meter and box charge will be reduced ten dollars ($10.00). Sec. 4.304 Commercial Sanitary Sewer Service Connections (a) The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. (1) Duplexes. Tap charges for all sizes up to 4" $400.00 Plus $1,600.00 for each habitable unit Tap charges for each additional inch over 4" $100.00 Plus $1,600.00 for each habitable unit (2) Apartments. Tap charges for all sizes up to 4" $400.00 Plus $1,600.00 for each habitable unit Tap charges for each additional inch over 4" $100.00 Plus $1,600.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2" $400.00 Plus $400.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $400.00 for each habitable unit (4) All Other Commercial. The following list shall apply to all other commercial taps: 4" line $ 2,000.00 6" line $ 3,500.00 8" line $ 6,500.00 10" line $ 8,750.00 12" Line $10,000.00 (b) Service lines that require the cutting or boring of paved streets or alleys will be subject to an additional charge based on the actual cost for such bores or cuts necessary for installation. (c) The property owner shall install a service line, with clean -out fitting at his or her expense to the city's lateral, in accordance with city regulations and subject to the inspection of the city and shall hereafter be responsible for normal maintenance of said service line from the structure to the property line. Sec. 4.305 Crediting of Collections (a) All water funds collected in excess of established costs shall be deposited in a separate account for new storage facilities, new pump stations, purchase of easements or main trunk lines and disbursed only after specific approval by the city council. (b) All sewer funds collected in excess of established costs shall be deposited in a separate account for the new sewer plant, additions to sewer plant, purchase of easements or main trunk lines to plant and disbursed only after specific approval by the city council. Sec. 4.306 Water Service Rates (a) The rates to be charged by the city for water services for residential customers are hereby established as set forth below: $17.00 minimum per unit served for 0-1,000 gallons $2.85 per thousand gallons 11001-41999 gallons $3.15 per thousand gallons 5,000-14,999 gallons $3.70 per thousand gallons 15,000-29,999 gallons $4.75per thousand gallons 30,000+ gallons (b) The rates to be charged by the city for water services for commercial customers are hereby established asset forth below: $21.00 minimum per unit served for 0-1,000 gallons $3.35per thousand gallons 1,001-4,999 gallons $3.65per thousand gallons 5,000-14,999 gallons $3.95per thousand gallons 15,000-29,999 gallons $4.85 per thousand gallons 30,000+ gallons (c) Multifamily Dwellings. Where multifamily dwellings are served by a single water service line, the total water usage will be divided by the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the owner or manager to notify the city by the 20'h of each month on what the occupied count is for the month. If the City is not notified by the 201h of the month, then the highest count in the last twelve months will be used to calculate the bill. (d) Multiunit Commercial Structures. Where existing commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefrom shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $14.50 for 0-1,000 gallons. No new multi -unit connections will be allowed. In all new or newly divided commercial buildings each tenant space shall be required to have its own water meter. (e) Manufactured Home Parks. Where manufactured home parks are served by a single water service line, the total water usage will be billed to the owner of the park based on the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the park owner or manager to notify the city by the 20th of each month on what the occupied count is for the month. If the City is not notified by the 20th of the month, then the highest count in the last twelve months will be used to calculate the bill. Sec. 4.307 Sewer Service Rates The rates to be charged by the city for sanitary sewer service are hereby established as follows: (1) Residential -Class A. Class A customers shall include all residential type users including, but not limited to, single-family residences, apartment units, trailer court units, duplexes, or any other service primarily intended for domestic or residential use. The city may include similar low volume users such as churches and small business offices or stores in Class A. All Class A customers of municipal wastewater facilities will be charged a minimum of eighteen dollars ($18.00) per monthly cycle and two dollars and fifty cents ($2.50) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and two dollars and seventy-five ($2,75) for water in excess of 10,000 gallons, but in no case to exceed fifty ($50.00) per month. (2) Commercial -Class B. Class B customers shall include commercial users such as, but not limited to, restaurants, cafes, carwashes, schools, hospitals, nursing homes, offices, hotels, motels, laundries, grocery stores, department stores, and other commercial business operations as may be identified as not a Class A type user. All Class B customers of municipal wastewater facilities shall be charged the following rates for the monthly facilities charge and two dollars twenty five cents($2.25) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and two dollars and fifty cents ($2.50) for water in excess of 10,000 gallons. 3/4"-meter $26.50 1"-meter $29.15 1-1/2"-meter $33.00 2"-meter $40.15 3"-meter $49.50 4"-meter $91.85 6"-meter $122.10 8"-meter $161.15 (3) Multifamily Dwellings. The amount due for multifamily dwellings shall be the Class A rate multiplied by the number of occupied dwelling units as computed for water that month. (4) Manufactured Home Parks. The amount due for manufactured home parks shall be the Class A rate multiplied by the number of occupied dwelling units as computed for water that month. (5) Multiunit Commercial Structures. Where commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefrom shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $18.00. (6) Customers without city water service will be charged $45.00 per month. Sec. 4.308 Water and Sewer Deposit (a) Each individual, person, business, firm or corporation making application for a connection to provide service by the city waterworks and sanitary sewer system shall provide a deposit prior to receiving service in the applicable amount as follows: Residential deposit Multi -property residential deposit* Large volume user deposit pet groomers, etc.) Commercial deposit Mobile water meter deposit $100.00 $100.00 $200.00 (including but not limited to restaurants, hair salons, $100.00 1,000.00 *To qualify, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill except for multi -property residential deposits which will only be credited when the final account is closed. Division 4.400 Electric Sec. 4.401 Electric Deposits (a) Each individual, person, business, firm or corporation making application for a connection to provide electric service shall provide a deposit prior to receiving service in the applicable amount as follows: *Residential deposit $200.00 **Multi -property residential deposit $200.00 Small commercial deposit $200.00 Large commercial deposit $500.00 (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill. (c) Electric Deposit Refunds. When a residential or commercial customer has paid twelve (12) consecutive billings without having service disconnected for nonpayment and without having any delinquent bills and is not currently delinquent on their bill, Sanger Electric will refund the electric deposit by applying the amount of deposit on electric service to the customer's first billing following the twelve-month period. * Residential Deposits. An acceptable letter of credit from a recognized utility company for the current previous twelve (12) months shall be accepted in lieu of a deposit. Such letter must state that the customer has an acceptable payment record. Temporary service for cleanup or a remodel will be subject to a thirty -day maximum and will not require a deposit. ** To qualify for the multi -property residential deposit, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. Multi -property residential deposits will only be credited when the final account is closed. Sec. 4.402 Electric Service Connections Electrical service connection fees shall be as follows: (1) Service Fee. For all new customers and any customer moving within the system: $30.00. (2) Temporary Service Fee. Paid upon request for service by a contractor for a remodel or landlord: $30.00 each service. Temporary service is only good for thirty (30) days. (3) Service Fee. To customer who is disconnected for nonpayment or who has not paid by the end of business on the 27th and reconnected, or customer requesting disconnect and reconnect for remodeling or upgrading electrical wiring: $30.00 each service. (4) Three Phase Service Fee. For new installation upgrading of existing service, or reconnect: $90.00. Sec. 4.403 Residential Electric Rate (a) Availability. To any customer for electric service used for residential purposes in individual, private dwellings and in individually -metered apartments supplied at one point of delivery and measured through one meter. (b) Type of Service. Service shall be single phase at 60 cycles and standard secondary voltages. (c) Rate. (1) Facilities Charge: $10.00 per month. (2) Energy Charge: $0.1175 per kwh. (3) Minimum Bill: $10.00 per month. Sec. 4.404 Commercial Electric Rate (a) Availability. To commercial customers for all uses when service is taken through one meter at a single point of delivery. Not applicable to resale or breakdown service. (b) Type of Service. Service shall be single or three phase at 60 cycles and any standard voltages available from the distribution system and through one standard transformation. When entire service cannot be measured at one utilization voltage with one standard type meter, it will be measured at primary voltage. (c) Rate. (1) Facilities Charge: $16.00 per month. (2) Energy Charge: $0.12 per kwh. (3) Minimum Bill: $16.00 per month. Sec. 4.405 Large Industrial Electric Rate (a) Availability. To any customer for electric service supplied at one point of delivery and measured through one meter. This applies to all customers with usage of10,000,000 KWH or more per year. (b) (c) Rate. (1) Facilities charge: $35.00. (2) (3) Energy charge: $0.105. Sec. 4.406 Security/Guard Light Rates (a) 150W H.P.S.: $15.00per month. (b) 400W H.P.S. directional floodlight: $35.00 per month (c) 1,000W metal halide floodlight: $70 per month Sec. 4.407 ERCOT Mandated Charges (a) Various charges imposed by the Energy Reliance Council of Texas (ERGOT) and adjusted periodically shall be added or deducted from the above rates at the actual cost to the City. Sec. 4.408 Electric Service Switchover (a) Disconnection Fee for Transfer of Service. Disconnection fee for transfer of service is made when customer who is receiving permanent electric service from either electric utility company request in writing transfer of such service to the other electric utility. Prior to disconnecting electric service to transfer such service to another electric utility, the customer must pay the company for all amounts owed to that company. That company must issue a receipt to customer upon payment of all amounts owed company which includes: (1) A disconnect charge of one hundred dollars ($100.00) to residential customers to remove meter and service based upon the average direct labor and vehicle costs of disconnecting customer. The charge to nonresidential customers for normal installations is also one hundred dollars ($100.00), but if special metering facilities are to be removed, the charge is increased to cover this additional cost. (2) The total cost of any distribution facilities rendered idle and not usable elsewhere on company's system, based upon the original cost of such facilities less depreciation and net salvage. (3) Charges for electric service through the date of disconnection. (4) Any other charges applicable under company's tariff or ordinance for electric service or agreement for electric service. (5) Any other applicable charges. (b) Total Disconnection Fee. One hundred dollars ($100.00), plus applicable charges under subsections (a)(2), (3), (4) and (5). Sec. 4.409 Installation and upgrading of electrical service. (a) Installation of new services or the upgrading of an existing service shall be at the expense of the owner less the following allowances: ARTICLE 5.000 MUNICIPAL COURT FEES Sec. 5.100 Warrant Fees A warrant fee of fifty dollars ($50.00) as provided by the laws of the. state is established and shall be collected for each and every warrant issued by the municipal court for the city. Sec. 5.200 Technology Fee (a) There is hereby established a municipal court technology fee in the amount of four dollars (b) The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court. Sec. 5.300 Building Security Fee All defendants convicted in atrial for a misdemeanor offense in municipal court shall be required to pay a fee of three dollars ($3.00) as a cost of court. A person is considered convicted for purposes of this article if a sentence is imposed on the person, the person receives community supervision, including deferred adjudication or the court defers final disposition of the person's case. The security fee shall be collected by the municipal court clerk and paid to the official who discharges the duties of municipal treasurer for deposit in the municipal court building security fund. ARTICLE 6.000 MISCELLANEOUS FEES Sec. 6.100 Returned Checks A fee of thirty-five dollars ($35.00) will be charged for each returned check. ARTICLE 7.000 PARK AND RECREATION FEES Sec. 7.100 Park Usage Fees (a) Nonrefundable, per child: $10.00. (bj Tournament play. (1) Deposit: $100.00 per field. (2) Per field: $200.00 per day (3) Lights: $15.00 an hour. (Ordinance 04-13-08 adopted 4/21/08) Ageh zTEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Lj Yes ❑ Not Applicable Council Meeting Date: November 1, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date _ 7_ ACTION REQUESTED: ®ORDINANCE 911.19-10 [:]RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discuss, Consider, and Possibly Act on Proposed Amendments to Article 4.000, Utility Related Fees of Appendix A "Fee Schedule" of the Code of Ordinances of the City of Sanger, Texas. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CIP ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM As discussed during the budget process and at the preceding work session, water and wastewater fees do not generate sufficient revenues to cover expenses. Staff recommends raising these fees gradually over the next few years to get them in the black and to begin generating revenues for future improvements. These increases will result in about a 7% increase for residential customers or around $2.00 per month. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: • Ordinance #I I-19-10 Utility Related Fees • Utility Related Fees as changed/without changes Prior Action/Review by Council, Boards, Commissions or Other Agencies: 0 None ARTICLE 4.000 UTILITY RELATED FEES Division 4.100 Generally Sec. 4.101 Utility Reconnection Fees Service may be discontinued, upon ten days written notice to customers having past due bills on the twenty-seventh day of the month of billing. In addition, a thirty dollar ($30.00) service fee will be assessed to all water [customers] and a thirty dollar ($30.00) service fee will be assessed to all electric customers whose service bill has not been paid by the twenty-seventh of the month of billing, whether the service has been disconnected or not. . Sec. 4.102 Tampering Fee In the event the user or customer or his agent restores water services or electric services after service has been disconnected by the city, or the user or customer or his agent tampers with the water meter or the electric meter or service line appurtenances in any manner, based on the best estimated time that tampering occurred, an average kwh usage fee will be charged. All vehicle; man-hours and equipment replacement costs will also be charged. A tampering fee of two hundred dollars ($200.00) shall be collected in addition to the reconnect fees. Sec. 4.103 Utility Service Fees (a) Utility Service Fee. To a customer that has requested water service be connected and are not present at time of connect, and there is an issue not allowing services to be left on, thus causing an additional service trip for reconnect: $20.00. (b) After -Hours Utility Service Fee. To a customer who requests a utility service connection or disconnection after 4:390 p.m., were, where the connection or disconnection is due to no fault of the city, will be charged a service fee of $50.00 in addition to the $30.00 reconnect fee on each service. Division 4.200 Solid Waste Sec.4.201 Reserved Sec. 4.202 Collection Fees (a) Residential Customers. Two pickups per week: Actual cost plus $2.00 administrative fee. (b) Commercial Customers. One pickup per week, maximum one 96-gal. container: Actual cost plus $2.00 administrative fee. (c) Container Services. (1) Three-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (2) Four-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (3) Six-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (4) Eight-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Three pickups per week: Actual cost plus $2.00 administrative fee (D) Extra pickup: Actual cost plus $2.00 administrative fee. (5) Thirty-yd. containers. (A) Commercial user. (i) Rent: Actual cost plus $2.00 administrative fee: Delivery: Actual cost plus $2.00 administrative fee. (iii) Each pickup: Actual cost plus $2.00 administrative fee. Sec.4.203 Reserved Sec. 4.204 Fee for Removal of Illegally Dumped Refuse on Private Property A charge of twenty-five dollars ($25.00), over and above the actual cost of removal, for each collection and removal of solid waste materials shall be levied, assessed and collected against such property each time such collection and removal of solid waste materials shall be performed, provided that an additional charge can be levied, assessed and collected against such premises for the actual additional cost for said collection and removal. The charges provided for herein shall be levied, assessed and collected by the city, and if any person shall fail to pay such charges so assessed within thirty (30) days after proper notice, the city will file with the county clerk a statement setting out the expenses that the city has incurred pursuant to the provisions of this section, and the city shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expense to the city, together with ten (10) percent interest from the date such payment is due. Division 4.300 Water and Sewer Sec. 4.301 Residential Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof. Such sum is to be determined and collected by the utility department and shall be at the following rates: Tap charges for sizes up to V $21000.00 Additional meter for sprinkler system $350.00 Charge for meter, box and connections Actual cost + $500.00 refundable deposit against damage during construction Charge for water connect fees (user fee) $30:00 Charge for service interruption supervision $35.00 (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. Editor's note -The charge for the water connect fees was changed at the request of the city. Sec. 4.302 Residential Sanitary Sewer Service Connections The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. The city shall charge two thousand dollars ($2,000.00) for each connection. Sec. 4.303 Commercial Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof Such sum is to be determined and collected by the utility department and shall be at the following rates: (1) Duplexes. Tap charges for all sizes up to 2" $350.00 Plus $1,650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $1,650.00 for each habitable unit (2) Apartments. Tap charges for all sizes up to 2"$350.00 Plus $1,650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $1,650.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2"$350.00 Plus $300.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $300.00 for each habitable unit (4) All Other Commercial. The following list shall apply to all other commercial taps: Up to 1" line $2,000.00 2" line $3,000000 3" line $3,600,00 4" line $41300.00 6" line $51700.00 S" line $61900.00 Charge for meter, box and connections Actual Charge for water connect fees (user fee) $30.00 Charge for service interruption supervision $35.00 Editor's note -The charge for the water connect service fees was changed at the request of the city. (c) All water services for construction purposes shall be metered Cl"d subject to the same regulations and billings as permanent water accounts. (d) All meters and meter boxes shall be supplied by the city. In the event that a meter and meter box is installed by the developer, the meter and box charge will be reduced ten dollars ($10.00). Sec. 4.304 Commercial Sanitary Sewer Service Connections (a) The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. (1) Duplexes. Tap charges for all sizes up to 4" Plus $1,600.00 for each habitable unit Tap charges for each additional inch over 4" Plus $1,600.00 for each habitable unit (2) Apartments. Tap charges for all sizes up to 4" Plus $1,600.00 for each habitable unit Tap charges for each additional inch over 4" Plus $1,600.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2" Plus $400.00 for each habitable unit Tap charges for each additional inch over 2" Plus $400.00 for each habitable unit $400.00 $100.00 $400.00 $100.00 $400.00 $100.00 (4) All Other Commercial. The following list shall apply to all other commercial taps: 4" line $ 2,000.00 6" line $ 3,500.00 8" line $ 6/500600 10" line $ 8,750.00 12" Line $10,000.00 (b) Service lines that require the cutting or boring of paved streets or alleys will be subject to an additional charge based on the actual cost for such bores or cuts necessary for installation. (c) The property owner shall install a service line, with clean -out fitting at his or her expense to the city's lateral, in accordance with city regulations and subject to the inspection of the city and shall hereafter be responsible for normal maintenance of said service line from the structure to the property line. Sec. 4.305 Crediting of Collections (a) All water funds collected in excess of established costs shall be deposited in a separate account for new storage facilities, new pump stations, purchase of easements or main trunk lines and disbursed only after specific approval by the city council. (b) All sewer funds collected in excess of established costs shall be deposited in a separate account for the new sewer plant, additions to sewer plant, purchase of easements or main trunk lines to plant and disbursed only after specific approval by the city council. Sec. 4.306 Water Service Rates (a) The rates to be charged by the city for water services for residential customers are hereby established as set forth below: $167.00 minimum per unit served for 0-1,000 gallons $2.6985 per thousand gallons 1,001-4,999 gallons $2853.15 per thousand gallons 5,000-14,999 gallons $34 353.70 per thousand gallons15,000-29,999 gallons $4-. 4.75per thousand gallons 30,000+ gallons (b) The rates to be charged by the city for water services for commercial customers are hereby established asset forth below: $281.00 minimum per unit served for 0-1,000 gallons $�-953.35per thousand gallons 1,001-4,999 gallons $393.65per thousand gallons 5,000-14,999 gallons $-1,683.95per thousand gallons 15,000-29,999 gallons $4494.85 per thousand gallons 30,000+ gallons (c) Multifamily Dwellings. Where multifamily dwellings are served by a single water service line, the total water usage will be divided by the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the owner or manager to notify the city by the 201h of each month on what the occupied count is for the month. If the City is not notified by the 20th of the month, then the highest count in the last twelve months will be used to calculate the bill. (d) Multiunit Commercial Structures. Where existing commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefrom shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $134.50 for 0-1,000 gallons. No new multi -unit connections will be allowed. In all new or newly divided commercial buildings each tenant space shall be required to have its own water meter. (e) Manufactured Home Parks. Where manufactured home parks are served by a single. water service line, the total water usage will be billed to the owner of the park based on the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the park owner or manager to notify the city by the 20th of each month on what the occupied count is for the month. If the City is not notified by the 20th of the month, then the highest count in the last twelve months will be used to calculate the bill. Sec. 4.307 Sewer Service Rates The rates to be charged by the city for sanitary sewer service are hereby established as follows: (1) Residential -Class A. Class A customers shall include all residential type users including, but not limited to, single-family residences, apartment units, trailer court units, duplexes, or any other service primarily intended for domestic or residential use. The city may include similar low volume users such as churches and small business offices or stores in Class A. All Class A customers of municipal wastewater facilities will be charged a minimum of seventeen dollars ($178.00) per monthly cycle and two dollars and twenty five cents ($2.�550) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and two dollars and fifty cents ($2.15075) for water in excess of 10,000 gallons, but in no case to exceed forty-five dollars ($4-550.00) per month. (2) Commercial -Class B. Class B customers shall include commercial users such as, but not limited to, restaurants, cafes, carwashes, schools, hospitals, nursing homes, offices, hotels, motels, laundries, grocery stores, department stores, and other commercial business operations as may be identified as not a Class A type user. All Class B customers of municipal wastewater facilities shall be charged the following rates for the monthly facilities charge and two dollars twenty five cents($2.25) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons gallons and two dollars and fifty cents ($2.50) for water in excess of 10,000 gallons. 3/4"-meter $�4-9826.50 1"-meter $�-5929.15 14/2"-meter $89:8833.00 2"-meter $36*5840s15 3"-meter $454049.50 4"-meter $83-5891.85 6"-meter $111aO 122.10 8"-meter $146og8161.15 (3) Multifamily Dwellings. The amount due for multifamily dwellings shall be the Class A rate multiplied by the number of occupied dwelling units as computed for water that month. (4) Manufactured Home Parks. The amount due for manufactured home parks shall be the Class A rate multiplied by the number of occupied dwelling units as computed for water that month. (5) Multiunit Commercial Structures. Where commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefrom shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $178.00. (6) Customers without city water service will be charged $45.00 per month. Sec. 4.308 Water and Sewer Deposit (a) Each individual, person, business, firm or corporation making application for a connection to provide service by the city waterworks and sanitary sewer system shall provide a deposit prior to receiving service in the applicable amount as follows: Residential deposit MUlti-property residential deposit* Large volume user deposit pet groomers, etc.) Commercial deposit Mobile water meter deposit $100.00 $100.00 $200.00 (including but not limited to restaurants, hair salons, $100.00 1,000.00 *To qualify, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill except for multi -property residential deposits which will only be credited when the final account is closed. Division 4.400 Electric Sec. 4.401 Electric Deposits (a) Each individual, person, business, firm or corporation making application for a connection to provide electric service shall provide a deposit prior to receiving service in the applicable amount as follows: *Residential deposit $200.00 **Multi -property residential deposit $200.00 Small commercial deposit $200.00 Large commercial deposit $500000 (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill. (c) Electric Deposit Refunds. When a residential or commercial customer has paid twelve (12) consecutive billings without having service disconnected for nonpayment and without having any delinquent bills and is not currently delinquent on their bill, Sanger Electric will refund the electric deposit by applying the amount of deposit on electric service to the customer's first billing following the twelve-month period. * Residential Deposits. An acceptable letter of credit from a recognized utility company for the current previous twelve (12) months shall be accepted in lieu of a deposit. Such letter must state that the customer has an acceptable payment record. Temporary service for cleanup or a remodel will be subject to a thirty -day maximum and will not require a deposit. ** To qualify for the multi -property residential deposit, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. Multi -property residential deposits will only be credited when the final account is closed. Sec. 4.402 Electric Service Connections Electrical service connection fees shall be as follows: (1) Se�ee--�eService Fee. For all new customers and any customer moving within the system: $30.00. (2) Temporary Service Fee. Paid upon request for service by a contractor for a remodel or landlord: $30.00 each service. Temporary service is only good for thirty (30) days. (3) Service Fee. To customer who is disconnected for nonpayment or who has not paid by the end of business on the 27th and reconnected, or customer requesting disconnect and reconnect for remodeling or upgrading electrical wiring: $30.00 each service. (4) Three Phase Service Fee. For new installation upgrading of existing service, or reconnect: $90.00. Sec. 4.403 Residential Electric Rate (a) Availability. To any customer for electric service used for residential purposes in individual, private dwellings and in individually -metered apartments supplied at one point of delivery and measured through one meter. (b) Type of Service. Service shall be single phase at 60 cycles and standard secondary voltages. Cl Rate. (1) Facilities Charge: $10.00 per month. (2) Energy Charge: $0.1175 per kwh. (3) Minimum Bill: $10.00 per month. Sec. 4.404 Commercial Electric Rate (a) Availability. To commercial customers for all uses when service is taken through one meter at a single point of delivery. Not applicable to resale or breakdown service. (b) Type of Service. Service shall be single or three phase at 60 cycles and any standard voltages available from the distribution system and through one standard transformation. When entire service cannot be measured at one utilization voltage with one standard type meter, it will be measured at primary voltage. (c) Rate. (1) Facilities Charge: $16.00 per month. (2) Energy Charge: $0.12 per kwh. (3) Minimum Bill: $16.00 per month. Sec. 4.405 Large Gemmereialindustrial Electric Rate (a) Availability. To any customer for electric service supplied at one point of delivery and measured through one meter. This applies to all customers with usage of10,000,000 KWH or more per year. (bc� Rate. (1) Facilities charge: $35.00. (2) {� Energy charge: $0.105. Sec. 4.406 Security/Guard Light Rates (a) 150W H.P.S.: $15.00per month. (b) 400W H.P.S. directional floodlight: $35.00 per month (c) 1,000W metal halide floodlight: $70 per month Sec. 4.407 ERCOT Mandated Charges (a) Various charges imposed by the Energy Reliance Council of Texas (ERCOT) and adjusted periodically shall be added or deducted from the above rates at the actual cost to the City. Sec. 4.408 Electric Service Switchover (a.) Disconnection Fee for Transfer of Service. Disconnection fee for transfer of service is made when customer who is receiving permanent electric service from either electric utility company request in writing transfer of such service to the other electric utility. Prior to disconnecting electric service to transfer such service to another electric utility, the customer must pay the company for all amounts owed to that company. That company must issue a receipt to customer upon payment of all amounts owed company which includes: (1) A disconnect charge of one hundred dollars ($100.00) to residential customers to remove meter and service based upon the average direct labor and vehicle costs of disconnecting customer. The charge to nonresidential customers for normal installations is also one hundred dollars ($100.00), but if special metering facilities are to be removed, the charge is increased to cover this additional cost. (2) The total cost of any distribution facilities rendered idle and not usable elsewhere on company's system, based upon the original cost of such facilities less depreciation and net salvage. (3) Charges for electric service through the date of disconnection. (4) Any other charges applicable under company's tariff or ordinance for electric service or agreement for electric service. (5) Any other applicable charges. (b) Total Disconnection Fee. One hundred dollars ($100.00), plus applicable charges under subsections (a)(2), (3), (4) and (5). Sec. 4.409 Installation and upgrading of electrical service. (a) Installation of new services or the upgrading of an existing service shall be at the expense of the owner less the following allowances: ARTICLE 5.000 MUNICIPAL COURT FEES Sec. 5.100 Warrant Fees A warrant fee of fifty dollars ($50.00) as provided by the laws of the state is established and shall be collected for each and every warrant issued by the municipal court for the city. Sec. 5.200 Technology Fee Sec. 5.300 Building Security Fee All defendants convicted in atrial for a misdemeanor offense in municipal court shall be required to pay a fee of three dollars ($3.00) as a cost of court. A person is considered convicted for purposes of this article if a sentence is imposed on the person, the person receives community supervision, including deferred adjudication or the court defers final disposition of the person's case. The security fee shall be collected by the municipal court clerk and paid to the official who discharges the duties of municipal treasurer for deposit in the municipal court building security fund. ARTICLE 6.000 MISCELLANEOUS FEES Sec. 6.100 Returned Checks A fee of thirty-five dollars ($35.00) will be charged for each returned check. ARTICLE 7.000 PARK AND RECREATION FEES Sec. 7.100 Park Usage Fees (a) Nonrefundable, per child: $10.00. (b) Tournament play. (1) Deposit: $100.00 per field. (2) Per field: $200.00 per day (3) Lights: $15.00 an hour. (Ordinance 04-13-08 adopted 4/21/OS) (Ordinance 04-04-09 adopted 4/28-09) (Ordinance 08-10-09 adopted 8/17/2009) ORDINANCE 114940 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING ARTICLE 4.000 OF APPENDIX A "FEE SCHEDULE" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, AMENDING ARTICLE 4.000 UTILITY RELATED FEES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Article 4.000, Appendix A "Fee Schedule" of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: ARTICLE 4.000 UTILITY RELATED FEES Division 4.100 Generally Sec. 4.101 Utility Reconnection Fees Service may be discontinued, upon ten days written notice to customers having past due bills on the twenty-seventh day of the month of billing. In addition, a thirty dollar ($30.00) service fee will be assessed to all water [customers] and a thirty dollar ($30.00) service fee will be assessed to all electric customers whose service bill has not been paid by the twenty-seventh of the month of billing, whether the service has been disconnected or not. . Sec. 4.102 Tampering Fee In the event the user or customer or his agent restores water services or electric services after service has been disconnected by the city, or the user or customer or his agent tampers with the water meter or the electric meter or service line appurtenances in any manner, based on the best estimated time that tampering occurred, an average kwh usage fee will be charged. All vehicle, man-hours and equipment replacement costs will also be charged. A tampering fee of two hundred dollars ($200.00) shall be collected in addition to the reconnect fees. Sec. 4.103 Utility Service Fees (a) Utility Service Fee. To a customer that has requested water service be connected and are not present at time of connect, and there is an issue not allowing services to be left on, thus causing an additional service trip for reconnect: $20,00. (b) After -Hours Utility Service Fee. To a customer who request a utility service connection or disconnection after 4:30 p.m where the connection or disconnection is due to no fault of the city, will be charged a service fee of $50.00 in addition to the $30.00 reconnect fee on each service. Division 4.200 Solid Waste Sec.4.201 Reserved Sec. 4202. Collection Fees (a) Residential Customers. Two pickups per week: Actual cost plus $2.00 administrative fee. (b) Commercial Customers. One pickup per week, maximum one 96-gal. container: Actual cost plus $2.00 administrative fee. (c) Container Services. (1) Three-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (2) Four-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (3) Six-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Extra pickup: Actual cost plus $2.00 administrative fee. (4) Eight-yd. containers. (A) One pickup per week: Actual cost plus $2.00 administrative fee. (B) Two pickups per week: Actual cost plus $2.00 administrative fee. (C) Three pickups per week: Actual cost plus $2.00 administrative fee. (D) Extra pickup: Actual cost plus $2.00 administrative fee. (5) Thirty-yd. containers. (A) Commercial user. (1) Rent: Actual cost plus $2.00 administrative fee. (ii) Delivery: Actual cost plus $2.00 administrative fee. (iii) Each pickup: Actual cost plus $2.00 administrative fee. ice.4.203 Reserved Sec. 4.204 Fee for Removal of Illegally Dumped Refuse on Private Property A charge of twenty-five dollars ($25.00), over and above the actual cost of removal, for each collection and removal of solid waste materials shall be levied, assessed and collected against such property each time such collection and removal of solid waste materials shall be performed, provided that an additional charge can be levied, assessed and collected against such premises for the actual additional cost for said collection and removal. The charges provided for herein shall be levied, assessed and collected by the city, and if any person shall fail to pay such charges so assessed within thirty (30) days after proper notice, the city will file with the county clerk a statement setting out the expenses that the city has incurred pursuant to the provisions of this section, and the city shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expense to the city, together with ten (10) percent interest from the date such payment is due. Division 4.300 Water and Sewer Sec. 4.301 Residential Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. Ali interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof. Such sum is to be determined and collected by the utility department and shall be at the following rates: Tap charges for sizes up to 1 " $200.00 Additional meter for sprinkler system $350.00 Charge for meter, box and connections Actual cost + $500.00 refundable deposit against damage during construction Charge for water connect fees (user fee) $30.00 Charge for service interruption supervision $35.00 (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. Editor's note -The charge for the water connect fees was changed at the request of the city. Sec. 4.302 Residential Sanitary Sewer Service Connections The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right-of-way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. The city shall charge two thousand dollars ($2,000.00) for each connection. Sec. 4.303 Commercial Water Service Connections (a) The city shall install, or cause to be installed and maintain all water service connections in the streets, alleys and easements. All interruptions of water service to any and all customers shall be made under the direct supervision of the city water department before such interruption is made. Any person, firm or corporation found interrupting water service without city supervision shall be in violation of this section and shall be subject to fines and penalties in accordance with the general penalty provision set forth in Section 1.109 of this code. (b) The city shall charge for the installation and maintenance of all such connections a sum sufficient to cover the average cost thereof Such sum is to be determined and collected by the utility department and shall be at the following rates: (1) Duplexes. Tap charges for all sizes up to 2" $350.00 Phis $15650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $1,650.00 for each habitable unit (2) Apartments. Tap charges for all sizes up to 2" $350.00 Plus $1,650.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $1,650.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2" $350.00 Plus $300.00 for each habitable unit Tap charges for each additional inch over 2" $100.00 Plus $300.00 for each habitable unit (4) All Other Commercial. The following list shall apply to all other commercial taps: Up to 1" line $25000.00 14/2" $2,500.00 2" line $35000.00 3" line $35600.00 4" line $49300.00 6" line $5,700.00 8" line $63900,00 Charge for meter, box and connections Actual cost + $500.00 refundable deposit against damage during construction Charge for water connect fees (user fee) $30.00 Charge for service interruption supervision $35.00 Editor's note -The charge for the water connect service fees was changed at the request of the city. (c) All water services for construction purposes shall be metered and subject to the same regulations and billings as permanent water accounts. (d) All meters and meter boxes shall be supplied by the city. In the event that a meter and meter box is installed by the developer, the meter and box charge will be reduced ten dollars ($10.00). Sec. 4.304 Commercial Sanitary Sewer Service Connections (a) The city shall install all sanitary sewer service connections in the streets, alleys and easements both inside and outside the city limits. Said service connections shall be installed from the main to the property line when the sewer main is located in an alley or a street right -of --way; if the sewer main is in an easement, the service connection shall be installed from the sewer main to the easement boundary line. (1) Duplexes. Tap charges for all sizes up to 4" $400.00 Plus $1,600.00 for each habitable unit Tap charges for each additional inch over 4" $100.00 Plus $1,600.00 for each habitable unit (2) Apartments. Tap charges for all sizes up to 4" $400.00 Plus $1,600.00 for each habitable unit Tap charges for each additional inch over 4" $100.00 Plus $1,600.00 for each habitable unit (3) Motels. Tap charges for all sizes up to 2" Plus $400.00 for each habitable unit $400.00 Tap charges for each additional inch over 2" $100.00 Plus $400.00 for each habitable unit (4) All Other Commercial. The following list shall apply to all other commercial taps: 4" line $ 2,000.00 6" line $ 3,500.00 8" line $ 6,500.00 10" line $ 8,750.00 12" Line $10,000.00 (b) Service lines that require the cutting or boring of paved streets or alleys will be subject to an additional charge based on the actual cost for such bores or cuts necessary for installation. (c) The property owner shall install a service line, with clean -out fitting at his or her expense to the city's lateral, in accordance with city regulations and subject to the inspection of the city and shall hereafter be responsible for normal maintenance 'of said service line from the structure to the property line. Sec. 4.305 Crediting of Collections (a) All water funds collected in excess of established costs shall be deposited in a separate account for new storage facilities, new pump stations, purchase of easements or main trunk lines and disbursed only after specific approval by the city council. (b) All sewer funds collected in excess of established costs shall be deposited in a separate account for the new sewer plant, additions to sewer plant, purchase of easements or main trunk lines to plant and disbursed only after specific approval by the city council. Sec. 4.306 Water Service Rates (a) The rates to be charged by the city for water services for residential customers are hereby established as set forth below: $17.00 minimum per unit served for $2.85 per thousand gallons $3.15 per thousand gallons $3.70 per thousand gallons $4.75per thousand gallons 0-1,000 gallons 1,001-4,999 gallons 5,000-14,999 gallons 15,000-29,999 gallons 30,000+ gallons (b) The rates to be charged by the city for water services for commercial customers are hereby established as set forth below: $21.00 minimum per unit served for $3.35per thousand gallons $3.65per thousand gallons $3.95per thousand gallons $4.85 per thousand gallons 0-1,000 gallons 1,001-4,999 gallons 5,000-14,999 gallons 15,000-29,999 gallons 30,000+ gallons (c) Multifamily Dwellings. Where multifamily dwellings are served by a single water service line, the total water usage will be divided by the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the owner or manager to notify the city by the 20"' of each month on what the occupied count is for the month. If the City is not notified by the 20"' of the month, then the highest count in the last twelve months will be used to calculate the bill. (d) Multiunit Commercial Structures. Where existing commercial tenants, are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefrom shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $14.50 for 0-1,000 gallons. No new multi -unit connections will be allowed. In all new or newly divided commercial buildings each tenant space shall be required to have its own water meter. (e) Manufactured Home Parks. Where manufactured home parks are served by a single water service line, the total water usage will be billed to the owner of the park based on the number of occupied units. The bill calculated from the per unit usage derived therefrom shall be multiplied by the number of occupied units to determine the amount due. It shall be the responsibility of the park owner or manager to notify the city by the 20"' of each month on what the occupied count is for the month. If the City is not notified by the 20t" of the month, then the highest count in the last twelve months will be used to calculate the bill. Sec. 4.307 Sewer Service Rates The rates to be charged by the city for sanitary sewer service are hereby established as follows: (1) Residential -Class A. Class A customers shall include all residential type users including, but not limited to, single-family residences, apartment units, trailer court units, duplexes, or any other service primarily intended for domestic or residential use. The city may include similar low volume users such as churches and small business offices or stores in Class A. All Class A customers of municipal wastewater facilities will be charged a minimum of seventeen dollars ($18.00) per monthly cycle and two dollars and twenty five cents ($2.50) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and two dollars and fifty cents ($2.75) for water in excess of 10,000 gallons, but in no case to exceed forty-five dollars ($50.00) per month. (2) Commercial -Class B. Class B customers shall include commercial users such as, but not limited to, restaurants, cafes, carwashes, schools, hospitals, nursing homes, offices, hotels, motels, laundries, grocery stores, department stores, and other commercial business operations as may be identified as not a Class A type user. Aii Class B customers of municipal wastewater facilities shall be charged the following rates for the monthly facilities charge and two dollars twenty five cents($2.25) per thousand gallons of metered water in excess of the first one thousand (1,000) gallons and two dollars and fifty cents ($2.50) for water in excess of 10,000 gallons. 3/4"-meter $26.50 1 "-meter $29.15 1-1/2"-meter $33.00 2"-meter $40.15 3"-meter $49.50 4"-meter $91.85 6"-meter $122.10 8"-meter $161.15 (3) Multifamily Dwellings. The amount due for multifamily dwellings shall be the Class A rate multiplied by the number of occupied dwelling units as computed for water that month. (4) Manufactured Home Parlcs. The amount due for manufactured home parks shall be the Class A rate multiplied by the number of occupied dwelling units as computed for water that month. (5) Multiunit Commercial Structures. Where commercial tenants are served by a single water meter, the total water usage will be divided by the number of tenants, the bill calculated from the per tenant usage derived therefrom shall be multiplied by the number of tenants to determine the amount due. The minimum per unit charge will be $18.00. (6) Customers without city water service will be charged $45.00 per month. Sec. 4.308 Water and Sewer Deposit (a) Each individual, person, business, firm or corporation making application for a connection to provide service by the city waterworks and sanitary sewer system shall provide a deposit prior to receiving service in the applicable amount as follows: Residential deposit $100.00 Multi -property residential deposit* $100.00 Large volume user deposit $200.00 (including but not limited to restaurants, hair salons, pet groomers, etc.) Commercial deposit $100000 Mobile water meter deposit 11000000 *To qualify, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill except for multi -property residential deposits which will only be credited when the final account is closed. Division 4.400 Electric Sec. 4.401 Electric Deposits (a) Each individual, person, business, firm or corporation making application for a connection to provide electric service shall provide a deposit prior to receiving service in the applicable amount as follows: *Residential deposit $200.00 **Multi -property residential deposit $200.00 Small commercial deposit $200000 Large commercial deposit $500.00 (b) Upon termination of service, the amount of deposit will be credited to the customer's final bill. (c) Electric Deposit Refunds. When a residential or commercial customer has paid twelve (12) consecutive billings without having service disconnected for nonpayment and without having any delinquent bills and is not currently delinquent on their bill, Sanger Electric will refund the electric deposit by applying the amount of deposit on electric service to the customer's first billing following the twelve-month period. * Residential Deposits. An acceptable letter of credit from a recognized utility company for the current previous twelve (12) months shall be accepted in lieu of a deposit. Such letter must state that the customer has an acceptable payment record. Temporary service for cleanup or a remodel will be subject to a thirty -day maximum and will not require a deposit. * * To qualify for the multi -property residential deposit, the individual or company must not have been late on any payments for any properties within the last twelve (12) months. Multi -property residential deposits will only be credited when the final account is closed. Sec. 464V2 Electric Service Connections Electrical service connection fees shall be as follows: (1) Service Fee. For all new customers and any customer moving within the system: $30.00. (2) Temporary Service Fee. Paid upon request for service by a contractor for a remodel or landlord: $30.00 each service. Temporary service is only good for thirty (30) days. (3) Service Fee. To customer who is disconnected for nonpayment or who has not paid by the end of business on the 27th and reconnected, or customer requesting disconnect and reconnect for remodeling or upgrading electrical wiring: $30.00 each service. (4) Three Phase Service Fee. For new installation upgrading of existing service, or reconnect: $900004 Sec. 4.403 Residential Electric Rate (a) Availability. To any customer for electric service used for residential purposes in individual, private dwellings and in individually -metered apartments supplied at one point of delivery and measured through one meter. (b) Type of Service. Service shall be single phase at 60 cycles and standard secondary voltages. (c) Rate. (1) Facilities Charge: $10.00 per month. (2) Energy Charge: $0.1175 per lcwh. (3) Minimum Bill: $10.00 per month. Sec. 4.404 Commercial Electric Rate (a) Availability. To commercial customers for all uses when service is taken through one meter at a single point of delivery. Not applicable to resale or breakdown service. (b) Type of Service. Service shall be single or three phase at 60 cycles and any standard voltages available from the distribution system and through one standard transformation. When entire service cannot be measured at one utilization voltage with one standard type meter, it will be measured at primary voltage. (c) Rate. (1) Facilities Charge: $16.00 per month. (2) Energy Charge. W.12 per kwh. (3) Minimum a $16.00 per month. Sec. 4.405 Large Industrial Electric Rate (a) Availability. To any customer for electric service supplied at one point of delivery and measured through one meter. This applies to all customers with usage of10,000,000 KWH or more per year. (b) Rate. (1) Facilities charge: $35.00. (2) Energy charge: $0.105. Sec. 4.406 Security/Guard Light Rates (a) 150W H.P.S.: $15.00per month. (b) 400W H.P.S. directional floodlight: $35.00 per month (c) 1,000W metal halide floodlight: $70 per month Sec. 4.407 ERCOT Mandated Charges (a) Various charges imposed by the Energy Reliance Council of Texas (ERGOT) and adjusted periodically shall be added or deducted from the above rates at the actual cost to the City. Sec. 4.408 Electric Service Switchover (a) Disconnection Fee for Transfer of Service. Disconnection fee for transfer of service is made when customer who is receiving permanent electric service from either electric utility company request in writing transfer of such service to the other electric utility. Prior to disconnecting electric service to transfer such service to another electric utility, the customer must pay the company for all amounts owed to that company. That company must issue a receipt to customer upon payment of all amounts owed company which includes: (1) A disconnect charge of one hundred dollars ($100.00) to residential customers to remove meter and service based upon the average direct labor and vehicle costs of disconnecting customer. The charge to nonresidential customers for normal installations is also one hundred dollars ($100.00), but if special metering facilities are to be removed, the charge is increased to cover this additional cost. (2) The total cost of any distribution facilities rendered idle and not usable elsewhere on company's system, based upon the original cost of such facilities less depreciation and net salvage. (3) Charges for electric service through the date of disconnection. (4) Any other charges applicable under company's tariff or ordinance for electric service or agreement for electric service. (5) Any other applicable charges. (b) Total Disconnection Fee. One hundred dollars ($100.00), plus applicable charges under subsections (a)(2), (3), (4) and (5). Sec. 4.409 Installation and upgrading of electrical service. (a) Installation of new services or the upgrading of an existing service shall be at the expense of the owner less the following allowances: Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this .Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. This ordinance will take effect. immediately from and after its passage, as the law and Charter in such cases provide. PASSED AND APPROVED this lst day of November 2010 by the City Council of the City of Sanger, Texas. APPROVED: Thomas Muir, Mayor ATTEST: Tami Taber, City Secretary .u�geh TEXAS COUNCIL AGENDA ITEM AGENDA TYPE IN Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑Yes El Not Applicable Council Meeting Date: November 1, 2010 Submitted By: Vicky Elieson City Manager Reviewed/Approval Initials 00e Date 7 ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Denton County Interlocal Cooperation Agreement for Library Services FINANCIAL SUMMARY ❑N/A ❑GRANT l ums ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount 167331 Encumbered Amount BALANCE 16,331 FUND(S) TO BE USED: General ❑$ 1645331 Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Since 1985 Denton County has provided funding to city libraries with the stipulation that the city provide $10,000 matching funds, that the city library provide service to all Denton County residents and that Internet computers have filters. The City of Sanger has approved the agreement every year. STAFF OPTIONS & RECOMMENDATION The agreement is the same as last year's except for the amount awarded. Recommend approval. List of Supporting Documents/Exhibits Attached: Three originals of the agreement and three copies of Exhibit A (the funding worksheet) Prior Action/Review by Comicil, Boards, Commissions or Other Agencies: STATE OF TEXAS, § § SANGER PUBLIC LIBRARY COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES TAIS AGREEMENT is made and entered into by and between Denton County a poIitical subdivision of Texas, hereinafter referred to as "COUNTY," and the City of Sanger, a Municipality of Denton County, Texas, hereinafter referred to as "MUNICIPALITY," 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, the City of Sanger is a duly organized MUNICIPALITY of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of MUNICIPALITY; and WHEREAS, COUNTY has requested, and MUNICIPALITY has agreed, to provide library services for all residents of COUNTY; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Act; and V.T.C.A., Local Government Code Chapter 323, County Libraries, NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. The term of this Agreement shall be for the period ftom October 1, 2010, through September 30, 2011. II. For the purposes and consideration herein stated and contemplated, MUNICIPALITY shall provide library services for the residents of COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individuals) of residence in COUNTY, Texas, such individual(s) shall be entitled issuance, at no cost, a library card to be used in connection with said library services. MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: 1. Educational and reading incentive programs and materials for youth. 2. Functional literacy materials and/or tutoring programs for adults. 3. Job training/career development programs and/or materials for all ages. 4. Outreach services to eliminate barriers to library services. 5. Educational programs designed to enhance quality of life for adults. COUNTY designates the County Judge to act on behalf of COUNTY and serve as liaison officer for COUNTY with and between COUNTY and MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement. The County Judge shall provide immediate and direct supervision of COUNTY'S employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. IV. MUNICIPALITY shall designate act on behalf of MUNICIPALITY and to serve as liaison officer of MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement. shall provide management of MUNICIPALITY'S employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. MUNICIPALITY shall provide to COUNTY a copy of the annual report submitted to the Texas State Library and shall respond to COUNTY'S annual questionnaire as documentation of MUNICIPALITY'S expenditures and provision of service. V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and for the coordination of all work performed under the terms and conditions of this Agreement; shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY stated in this Agreement; and shall give all attention necessary for such proper supervision and direction. VI. The MUNICIPALITY agrees that its library department shall assume the functions of a COUNTY library and to provide a librarian who meets the requirements of the MUNICIPALITY'S job description. VII. The COUNTY and MUNICIPALITY agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. The MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall not represent themselves to be employees, servants, agents and/or representatives of the COUNTY. The MUNICIPALITY agrees to hold harmless and unconditionally indemnify COUNTY against and for all liability which MUNICIPALITY may at any time suffer in any matter arising from the work performed hereunder, including but not limited to any negligent act or omission of MUNICIPALITY, its officers, agents or employees. The COUNTY and MUNICIPALITY acknowledge and agree that COUNTY does not waive any sovereign or governmental immunity available to COUNTY under Texas law and does not waive any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. VIII. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither MUNICIPALITY nor COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. IX. Any notice required by this Agreement shall be delivered, in writing, by either COUNTY or MUNICIPALITY to the following addresses: The address of COUNTY is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-349-2820 The address of the MUNICIPALITY is: The City of Sanger through Sanger Public Library 501 Bolivar Street Sanger, Texas 76266 Attention: Victoria Elieson Telephone: 940-45 &3 257 X. For the full performance of the services above stated, COUNTY agrees to pay MUNICIPALITY fees as described herein, from current revenues available for such payment. COUNTY shall pay MUNICIPALITY fees in the amount of SIX THOUSAND THREE HUNDRED THIRTY-ONE AND NO/100 DOLLARS ($6,331.00), based upon North Central Texas Council of Governments service population allocation figures provided to COUNTY by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October 1, 2010. The Allocation chart setting forth said figures is attached hereto and incorporated herein for all intents and purposes as Exhibit "A." In addition, COUNTY agrees to pay MUNICIPALITY an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in matching funds upon the following conditions: 1. MUNICIPALITY shall attempt to secure funding from sources other than COUNTY. 2. Upon receipt of additional funding, MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. 3. COUNTY shall match MUNICIPALITY'S additional funding in an amount not to exceed $10,000.00. 4. Payment by COUNTY to MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and payment shall be satisfied from current revenues of the COUNTY. All funding by COUNTY to MUNICIPALITY is subject to the condition that MUNICIPALITY will hmpe in place technology protection measures (commonly referred to as 'filters') with respect to any computers used by the public that have Internet access which are designed to block access through such computers to visual depictions that are (1) obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography. The technology protection measures shall be in compliance with the Children's Internet Protection Act MUNICIPALITY hereby certifies that its libraries have either installed and are using the required technology protection measures during use of its computers that have Internet access by the public at the present time or will have such protection measures in place and operational by October 1, 2010. XI. This Agreement may be terminated, at any time, by either party by giving sixty (60} days ion advance written notice to the other party. In the event of such terminatby either party, MUNICIPALITY shall be compensated pro rata for all services performed to the termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all services performed to the termination date or be overcompensated for reimbursable expenses as authorized by this Agreement, 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. This Agreement represents the entire and integrated Agreement between MUNICIPALITY 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 MUNICIPALITY and COUNTY. XIII. The validity of 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. Further, this Agreement shall be performable and all compensation payable in Denton County, Texas. 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. XV. 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 orders or resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in triplicate originals on the dates set forth below. COUNTY Mary Horn, County Judge Denton County, Texas Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas DATE: ATTEST: Denton County Clerk APPROVED AS TO FORM: Assistant District Attorney MUNICIPALITY By Name: Title: Acting on behalf of and by the authority of the Sanger City Council, Sanger Texas DATE: ATTEST: City Secretary APPROVED AS TO FORM: BY City Attorney APPROVED AS TO CONTENT: Director, Library Services 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. James Wells, Denton County Auditor to Kra STATE OF TEXAS, § § COUNTY OF DENTON § SANGER PUBLIC LIBRARY INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES TINS AGREEMENT is made and entered into by and between Denton County a political subdivision of Texas, hereinafter referred to as "COUNTY," and the City of Sanger, a Municipality of Denton County, Texas, hereinafter referred to as "MUNICIPALITY," 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, the City of Sanger is a duly organized MUNICIPALITY of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of MUNICIPALITY; and WHEREAS, COUNTY has requested, and MUNICIPALITY has agreed, to provide library services for all residents of COUNTY; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 791, the Interloeal Cooperation Act; and V.T.C.A., Local Government Code Chapter 323, County Libraries. NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. The term of this Agreement shall be for the period from October 1, 2010, through September 30, 2011. II. For the purposes and consideration herein stated and contemplated, MUNICHPALITY shall provide library services for the residents of COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individuals) of residence in COUNTY, Texas, such individual(s) shall be entitled issuance, at no cost, a library card to be used in connection with said library services. MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: 1. Educational and reading incentive programs and materials for youth. 2. Functional literacy materials and/or tutoring programs for adults. 3. Job training/career development programs and/or materials for all ages. 4. Outreach services to eliminate barriers to library services. 5. Educational programs designed to enhance quality of life for adults. COUNTY designates the County Judge to act on behalf of COUNTY and serve as liaison officer for COUNTY with and between COUNTY and MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement. The County Judge shall provide immediate and direct supervision of COUNTY'S employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. IV. MUNICIPALITY shall designate to act on behalf of MUNICIPALITY and to serve as liaison officer of MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement. shall provide management of MUNICIPALITY'S employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. MUNICIPALITY shall provide to COUNTY a copy of the annual report submitted to the Texas State Library and shall respond to COUNTY'S annual questionnaire as documentation of MUNICIPALITY'S expenditures and provision of service. V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and for the coordination of all work performed under the terms and conditions of this Agreement; shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the MUNICIPALITY stated in this Agreement; and shall give all attention necessary for such proper supervision and direction. Vr. The MUNICIPALITY agrees that its library department shall assume the functions of a COUNTY library and to provide a librarian who meets the requirements of the MUNICIPALITY'S job description. VII. The COUNTY and MUNICIPALITY agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment applicable to the other party. The MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall not represent themselves to be employees, servants, agents and/or representatives of the COUNTY. The MUNICIPALITY agrees to hold harmless and unconditionally indemnify COUNTY against and for all liability which MUNICIPALITY may at any time suffer in any matter arising from the )Pork performed hereunder, including but not limited to any negligent act or omission of MUNICIPALITY, its officers, agents or employees. The COUNTY and MUNICIPALITY acknowledge and agree that COUNTY does not waive any sovereign or governmental immunity available to COUNTY under Texas law and does not waive any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. VIII. This Agreement is not intended to extend the liability of the parties beyond that provided by law. Neither MUNICIPALITY nor COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. IX. Any notice required by this Agreement shall be delivered, in writing, by either COUNTY or MUNICIPALTI'1' to the following addresses: The address of COUNTY is: County Judge, Denton County 110 West Hickory The address of the MUNICIPALITY is Denton, Texas 76201 Telephone: 940-349-2820 The City of Sanger through Sanger Public Library 501 Bolivar Street Sanger, Texas 76266 Attention: Victoria Elieson Telephone: 940458-3 257 For the full performance of the services above stated, COUNTY agrees to pay MUNICIPALITY fees as described herein, from current revenues available for such payment. COUNTY shall pay MUNICIPALTIY fees in the amount of SIX THOUSAND THREE HUNDRED THIRTY-ONE AND NO/100 DOLLARS ($6,331.00), based upon North Central Texas Council of Governments service population allocation figures provided to COUNTY by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October 1, 2010, The Allocation chart setting forth said figures is attached hereto and incorporated herein for all intents and purposes as Exhibit "A." In addition, COUNTY agrees to pay MUNICIPALITY an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in matching funds upon the following conditions: 1. MUNICIPALITY shall attempt to secure funding from sources other than COUNTY. 2. Upon receipt of additional funding, MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. 3. COUNTY shall match MUNICIPALITY'S additional funding in an amount not to exceed $10,000.004 4. Payment by COUNTY to MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and payment shall be satisfied from current revenues of the COUNTY. All funding by COUNTY to MUNICIPALITY is subject to the condition that MUNICIPALITY will have in place technology protection measures (commonly referred to as 'filters') with respect to any computers used by the public that have Internet access which are designed to block access through such computers to visual depictions that are (1) obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography. The technology protection measures shall be in compliance with the Children's Internet Protection Act MUNICIPALITY hereby certifies that its libraries have either installed and are using the required technology protection measures during use of its computers that have Internet access by the public at the present time or will have such protection measures in place and operational by October 1, 2010 XI. This Agreement may be terminated, at any time, by either party by giving sixty (60) days advance written notice to the other party. In the event of such termination by either party, MUNICIPALITY shall be compensated pro rata for all services performed to the termination date, together with reimbursable expenses then due and as authorized by this Agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all services performed to the termination date or be overcompensated for reimbursable expenses as authorized by this Agreement, 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. XII. This Agreement represents the entire and integrated Agreement between MUNICIPALITY 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 MUNICIPALITY and COUNTY. XIII. The validity of 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. Further, this Agreement shall be performable and all compensation payable in Denton County, Texas. XIV. 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. XV. 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 orders or resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in triplicate originals on the dates set forth below. Mary Horn, County Judge Denton County, Texas Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas DATE: ATTEST: Denton County Clerk APPROVED AS TO FORM: Assistant District Attorney MUNICIPALITY By Name: Title: Acting on behalf of and by the authority of the Sanger City Council, Sanger Texas DATE: ATTEST: City Secretary APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: Director, Library Services 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. 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