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09/20/2010-CC-Agenda Packet-Regular
1. AGENDA CITY COUNCIL MONDAY, SEPTElVIBER 20, 2010 7900 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: September 7, 2010 -Work Session September 7, 2010 -Council Meeting b) Disbursements c ) Approve Budget Amendment #3 4. Consider any Items Removed from Consent Agenda. REGULAR AGENDA 5. Conduct a Public Hearing Regarding Participation in the 2011/2012 Texas Community Development Block Grant (CDBG) Program. 6. Consider, Discuss and Possibly Act on Approving Resolution #R09-07-10 -Authorizing the Submission of a Texas Community Development Block Grant Program Application to the Texas Department of Rural Affairs for the Community Development Fund and Authorizing the Mayor to Act as the City's Executive Officer and Authorized Representative in all Matters Pertaining to the City's Participation in the Texas Community Development Block Grant Program, 7. Consider, Discuss and Possibly Act on Approving an Interlocal Agreement Between Denton County for Shared Governance Communications and Dispatch Services System for the Police and Fire Department. 8. Consider, Discuss and Possibly Act on Approving a Texas Commission on Environmental Quality (TCEQ) Agreement Covering the Sanitary Sewer Overflow (SSO) Initiative. 9. Consider, Discuss and Possibly Act on Approving Ordinance #094640 -Adopting Budget for Fiscal Year 2010/2011 Providing for the Appropriation of Funds for Operating and Capital Expenditures for the Fiscal Year Beginning October 1, 2010 and Ending September 30, 2011. 10. Consider, Discuss and Possibly Act on Approving Ordinance #094740 -Providing Levying the Ad Valorem Taxes for Year 2010. 11. Consider, Discuss and Possibly Act on Approving Ordinance #09-18-10 - to Approve the 2010 Tax Roll. 12. Consider, Discuss and Possibly Act on Appointing the Following Members to the Animal Advisory Committee. Dr. Lee Goodman, DVM, Bobby Swan, Patricia Barrington, Cheryl Frame, Anthony Dodson (Shelter Representative) and Tami Taber (City Representative). 13. Consider, Discuss and Possibly Act on Resolution # R09-08- - Approving a Change in the Tariffs of Atmos Energy Corporation, Mid -Tex Division ("ATMOS") as a Result of a Settlement Between Atmos and the Atmos Texas Municipalities. 14. Information Items: a) Monthly Library Report for August b) Animal Control Update 15. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: z-// e4 ) /`` 1l)IeQ at ,20_( .m. and shall re Hain posted until meetings This facility is wheelchair accessible an4ccerlble Pai•kin�spaces are available. Requests for accommodations or interpretive services must be made 48 h6tyl�Sn� i%� t�tilis meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL WORK SESSION September 7, 2010 PRESENT: Mayor 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, Nathan Maddox, Scott Hoelzle, Joe Falls, Kelli Alexander, Julia Roberts, Sam Alexander, Cheryl Frame and Gina Byrom 1. Call Meeting to Order. Mayor Muir called the meeting to order. 2. Tour the Animal Shelter.. City Manager, Mayor and Council members toured the animal shelter. 3. Presentation by KSA on the Impact Fee Study and the Water/Wastewater Master Plan. Scott Hoelzle of KSA Engineers gave a presentation on the water/wastewater master plan and distributed a handout regarding the project scope, growth projection, TCEQ requirements and the existing facilities. 4. Overview of Items on Regular Agenda. 5. Adjournment. Mayor Muir adjourned the meeting. MINUTES: CITY COUNCIL MEETING September 7, 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, Tina Golden, Jennifer Derr, Nathan Maddox, Elizabeth Muir, Beth Ritzel, Rob Ritzel, Meredith Denton, Bret Crawford, LouAnn• Cook and Deanna Chamberlain 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order, Councilman Garza led the Invocation followed by Councilman Martin leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Kelli and Sam Alexander spoke about the animal shelter. CONSENT AGENDA 3. a) Approval of Minutes: August 16, 2010 -Work Session August 16, 2010 - City Council b) Disbursements c) Approve Pole License Agreement with Centurylink Fiber Company d) Approval of Budget Amendment #2 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. Presentation of 2010 Certificate of Achievement for Planning Excellence From Texas Chapter of American Planning Association. City Manager advised that this is the second time the City of Sanger has received this award since Joe Miff has been employed here. 6. Conduct Public Hearing on Proposed Budget for Fiscal Year 2010/2011. Mayor Muir opened the Public Hearing. No one spoke for or against. Mayor Muir closed the Public Hearing. 7. Consider, Discuss and Possibly Act on Approving the Sanger Public Library's Long Range Plan. City Manager advised that this plan is required by the State. Councilman Patton made a motion to approve. Seconded by Councilwoman Johnson. Motion carried unanimously. 8. Consider, Discuss and Possibly Act on Approving Ordinance #09-15-10 -Amending Chapter 12 "Traffic and Vehicles", Section 12.603, Prohibiting Parking in Certain Places. City Manager advised that there were complaints regarding the North end of Tejas in the Indian Springs Addition of parking on both sides of the street. With this ordinance, there will be no parking on the West side of Tejas from Chippewa North to the dead end. Councilwoman Johnson made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 9. Consider, Discuss and Possibly Act on the Replat of Marion Point Acres, Being 24.99 Acres in the R. Beebee Survey, Located on the East Side of Marion Road. Councilman Patton made a motion to approve with the conditions recommended by staff. Seconded by Councilman Garza. Motion carried unanimously. 10. Consider, Discuss and Possibly Act on the Preliminary Plat of Rita's Ranch, Being 4.426 Acres in the R. Beebee Survey, Located on the West side of Union Hill Road. Councilman Bilyeu made a motion to approve with the conditions recommended by staff. Seconded by Councilman Martin. Motion carried unanimously. 11. 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) -Evaluation of the City Manager's Performance and Contract. Council convened at 7:29 p.m. 12. RECONVENE: OPEN MEETING Council reconvened at 8:33 p.m. Councilman Bilyeu made a motion to extend the City Manager's contract under the terms discussed in the executive session. Seconded by Councilman Garza. Motion carried unanimously. 13. Information Items: a) Update From Denton County on Transportation b) ATMOS Rider GCR - Rate Filing Under Docket No., 9762 14. Adjournment. Mayor Muir adjourned the meeting. 8/27/2010 11:18 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03464 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK .�NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 20070 BOOMER DOOR & GLASS I-201008273359 OVERHEAD DOOR R 8/27/2010 675.00CR 044120 I-201008273360 TEMP GLASS,GRAY TEMPERED R 8/27/2010 250400CR 044120 925.00 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 1 0.00 925.00 925.00 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 j CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 1 0.00 925.00 925.00 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 8/31/2010 9:13 AM PACKET: 03472 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 1 .UNDOR NAME / I.D. DESC 21110 ACTION TRAINING I-11544 TRAINING 20410 CARE NOW CORPORATE I-846774 DRUG SCREENS 02490 CENTURYLINK I-201008313373 8/9 - 9/9 00590 CITY OF DENTON I-201008263352 7/15 - 8/15 SAMPLES 04160 COMET CLEANERS I-201008313371 CLEANING 00790 COUNTY BUILDERS SUPPLY, INC. I-10026086/10026090 PVC,PRIMER,CPLG I-10026093 PVC,PIPE THREAD,PRIMER I-10026094 PVC,PIPE THREAD,PRIMER I-10026223 METER REPAIR SUPPLIES I-10026225 LIGHT BULBS,KEY, TOOLS I-10026226 LIGHT BULBS,KEY, TOOLS I-10026246 GRAY SPRAY PAINT I-10026248 METER REPAIR SUPPLIES I-10026290 SAW BLADE,REBAR,NAIL 00710 DATA BUSINESS FORMS INC. I-77816 NAME PLATES I-77819 SALE PERMIT,ENVELOPES I-77820 SALE PERMIT,ENVELOPES 18190 DEPARTMENT OF INFORMATION RESOURCE I-10070944T 7/1 - 7/31 LONG DISTANCE 22400 REECE DUNN I-201008303364 MEALS 9/2 & 9/3 19270 FAMILY DOLLAR I-105468 COFFEE,WATER,TEA 18790 FUELMAN I-NP26225257 8/16 - 8/22 FUEL CHECK CHECK TYPE DATE R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R 8/31/2010 R B/31/2010 R 8/31/2010 R 8/31/2010 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 6,155.47CR 044122 6,155.47 185.000R 094123 185.00 1,240.71CR 044129 1,240.71 120.000R 044125 120.00 79.00CR 044126 79.00 83.93CR 044127 6.05CR 044127 11.28CR 044127 5.96CR 044127 76.91CR 044127 4.99CR 044127 15.96CR 044127 4.36CR 044127 74.84CR 044127 284.28 28.000R 044128 91.66CR 044128 107.80CR 044128 227.46 51.86CR 044129 51.86 25.000R 044130 25.00 49.75CR 044131 49.75 2,928.87CR 044132 2,428.87 8/31/2010 9:13 AM A / P CHECK REGISTER PAGE: 2 PACKET: 03472 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK �ADOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02610 HD SUPPLY, INC I-1447797-01 ENERGY LOGGER,BREAKER R 8/31/2010 40.00CR 044133 I-1547433-00 ENERGY LOGGER,BREAKER R B/31/2010 100.00CR 044133 140.00 14050 HOUR PERSONNEL SERVICES, INC I-9018 KENNEDY 8/15 R 8/31/2010 449.50CR 044134 I-9019 DOUGLAS 8/15 R 8/31/2010 608.80CR 044134 1,058.30 19480 HUTHER & ASSOCIATES, INC I-34178 JULY SAMPLES R 8/31/2010 540.00CR 044135 540.00 05510 IESI I-1200223251 ROLL OFF SLUDGE R 8/31/2010 1,116.34CR 044136 1,116.34 21250 MILLER CONSTRUCTION I-201008303362 BOLIVAR WAREHOUSE R 8/31/2010 11250.00CR 044137 1,250.00 12300 NAEIR I-H376455 JEWELRY ASSORTMENT R 8/31/2010 47.26CR 044138 47.26 09090 PERKINS ENTERPRISE I-1983 AIR ANALYSIS R 8/31/2010 137.50CR 044139 137.50 10 RADIO SHACK I-10041003 KEYS R 8/31/2010 3.98CR 044140 3.98 02170 REINERT PAPER & CHEMICAL, INC. I-254340 TISSUE,BLEACH,LINERS R 8/31/2010 89.99CR 044141 89.99 11170 RICOH AMERICAS CORP:QDS I-17586309 COPIER R 8/31/2010 227.71CR 044142 227.71 22140 ROCKY RUNNELS I-2010OB313372 MOWING @ 26 SOUTHLAND R 8/31/2010 150.00CR 044143 150.00 17400 PRECIOUS STAFFORD I-201008303363 8/4 & 8/5 R 8/31/2010 145950CR 044144 145.50 18620 STERICYCLE I-4001924045 BIO PICK UP R 8/31/2010 19.72CR 044145 19.72 11430 USA BLUEBOOK, INC. I-217267 MOLYBDATE POCKET COLORIME R 8/31/2010 329628CR 044146 329.28 8/31/2010 9:13 AM A / P CHECK REGISTER PAGE: 3 PACKET: 03472 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK .�&DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 15670 MICHELLE WILLIAMS I-201008303361 REIMB FOR FUEL IN COLORAD R 8/31/2010 40.00CR 044147 40.00 21610 WITMER PUBLIC SAFETY GROUP, INC I-E737223 RADIO CASE, FLASHLIGHTS R 8/31/2010 200497CR 044148 200.97 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 27 0.00 16,343.95 16,343695 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: 27 0.00 16,343.95 16,343.95 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 9/09/2010 10:38 AM PACKET: 03489 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT ,.NDOR NAME / I.D. DESC 1 CONN'S A / P CHECK REGISTER I-201009093389 COMPACT 5,000 BTU A/C TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# R 9/09/2010 129.99CR 044153 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 129.99 129.99 0 0.00 0.00 0'000 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 0.00 129.99 129.99 PAGE: 1 CHECK AMOUNT 129.99 9/10/2010 10:00 AM A / P CHECK REGISTER PACKET: 03500 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK �r:NDOR NAME / I.D. DESC TYPE DATE 20800 PEDRO AMADOR I-250905/250906 SHELTER REPAIRS R 9/10/2010 20710 CHERYL HAZELWOOD-ESTES CPA, P.C. I-630 MONTHLY ACCOUNTING SERVIC R 9/10/2010 08020 RONALD KINNEY I-201009093395 BASIC CODE 9/13 - 9/17 R 9/10/2010 17400 PRECIOUS STAFFORD I-090710 8/19 - 9/2 R 9/10/2010 TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 21999.000R 044210 2,999.00 11596.31CR 044209 1,596.31 151.67CR 044207 151.67 326.75CR 044208 326.75 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 4 0.00 5,073.73 5,073.73 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 9 0.00 5,073.73 5,073.73 9/13/2010 8:48 AM PACKET: 03504 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT %�NDOR NAME / I.D. DESC 00600 CITY OF SANGER I-201009133401 11-1350-02 00600 CITY OF SANGER I-201009133402 7/20 - 8/19 13380 SANGER BANK I-201009133400 07071866 00055 #62 TC`""'. 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 9/13/2010 R 9/13/2010 R 9/13/2010 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 812.27CR 044212 812.27 27,384.3DCR 044213 27,384.30 11542.07CR 044214 11542,07 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 3 0.00 29,738664 29,738.64 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 3 0.00 29,738.64 29,738.64 To: Mayor and Council From: Mike Brice, City Manager Date: 9l13/2010 Re: Budget Amendment #3 Last week we had some pretty bad leaks at the courthouse and police station. We have had a roofer look at it and the entire roof is in pretty bad shape. The best long term, cost effective thing is to tear off the old roof and replace it. This will cost about $35,000. We have sufficient revenues to do it in this years budget. I recommend making the following amendments to the FY 2010 budget: Line Item Expenditure 001-20-6020 Building Improvements Thank you for your consideration. Current Budget $0.00 Amended Budget $35,000.00 (Agefc zTEXAS COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑Consent Reviewed by ❑ Workshop ❑ Executive ® Public Hearing Finance Reviewed by Legal Yes ❑ Not Applicable ❑ 'Ye s Not Applicable Council Meeting Date: September 20, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date � ACTION REQUESTED: ❑ORDINANCE # RESOLUTIONy 1 OqI l O❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Public Hearing regarding City's participation in the 2011-2012 Texas Community Development Block Grant (CDBG) Program. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Conduct a public hearing for the city's participation in the Texas Community Development Block Grant (CDBG) Program. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Resolution Prior Action/Review by Council, Boards, Commissions or Other Agencies: RESOLUTION IF R09-07-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF RURAL AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the City desires to develop a viable community including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low -to -moderate income; and; WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interests of the City to apply for Community Development funds under the 2011-2012 Texas Community Development Block Grant Program; NOW, THEREFORE, BE IT RESOLVED: Section 1. That a Texas Community Development Block Grant Program application is hereby authorized to be filed on behalf of the City with the Office of Rural Community Affairs for funding consideration under the Community Development Fund; and Section 2. That the application be for up to $275,000.00 of grant funds to carry out activities of this wastewater system improvements and upgrades; and Section 3. That minimum, matching funds in the amount of $41,250.00 in cash are committed by the City of Sanger from the uty fund toward the application activities; and Section 4. That the City .Council directs and designates the Mayor as the City's Chief Executive Officer .and Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program PASSED AND APPROVED, this 20th day of September, 2010. ATTEST: TAMI TABER, CITY SECRETARY THOMAS MUIR, MAYOR Planning, Housing & G'ommunity Development Services for Rural Texas Since 1979 To: Mr. Robert Woods, City Engineer From: Ms. Martha Drake rQ GrantWorks Inc. Fax: 940-458-4180 Fax: (512) 567-2926 Re: Public hearing info for CDBG application Date: 9/13/10 E-mail: rwoods6 sangertexas.ora E-mail: martha grantworks.net Hello, Robert. Following is a copy of the Community Development published Thursday, Sept. notice scheduling the required public hearing for the City's Block Grant Program application. This notice will be 1 3, in the Sanger Courier. Also enclosed is a large -print copy of the notice for posting at City Hall. Please post the notice in an area readily accessible to the public. In addition, enclosed is a copy of the sign -in sheet for the public hearing and a list of agencies to whom a copy of the notice has been sent. Please call me at (51)) 567-2926 with any questions or comments. Thank you for your attention to this matter. I'll be in touch soon. 103 Autumn Way, Huntsville, TX 77320 ®PH (512) 567-2926; PAX (512) 402-8303 • • • SECTION ON .., 1 1 Questions'.) Contact Martha Drake at (512) 567=2926 PUBLIC NOTICE CITY OF SANGER TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) The City of Sanger will hold a public hearing at 7:00 P.M. on Sept. 20, 2010, at City Hall, 201 Bolivar Street, Sanger, TX, 76266, regarding participation in the Texas Department of Rural Affairs' TxCDBG Program. Citizens are encouraged to attend this public hearing to discuss the citizen participation plan, local housing and community development needs, available funding, eligible activities, past use of funds, and development of TxCDBG applications. Written comments may also be submitted to the Mayor's attention at the address above. Persons with disabilities or others who may require auxiliary aids or services to attend this meeting should contact the City Secretary at (940) 458J930 at least two days before the meeting to make arrangements. Newspaper San er Courier Email fee.lemons@earthlink.net Fax 940458-3691 Phone 940458=7429 Run Date Thursday, Sept 16, 2010 one time only) Billing to City of Sanger 201 Bolivar Street Sanger, TX 76266 Attn: Ms. Tami Taber, City Secretaty Deadline Pending Send 3 affidavits and GrantWorks, Inc. 2201 Northland Drive Austin, TX 78756 Attn: Ms. Rhia Frater 3 tearsheets to: Questions call 512 567-2926 — Martha Drake, GrantWorks Date Faxed to Paper Friday,, Sept. 10, 2010 Receipt Confirmed by Lee Ann @ the Sanger Courier Date Confirmed 9110110 @ 2:30P by MBD PUBLIC NOTICE CITY OF SANGER TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) The City of Sanger will hold a public hearing at 7:00 P.M. on Sept. 20, 2010, at City Hall, 201 Bolivar Street, Sanger, TX, 76266, regarding participation in the Texas Department of Rural Affairs' TxCDBG Program. Citizens are encouraged to attend this public hearing to discuss the citizen participation plan, local housing and community development needs, available funding, eligible activities, past use of funds, and development of TxCDBG applications. Written comments may also be submitted to the Mayor's attention at the address above. Persons with disabilities or others who may require auxiliary aids or services to attend this meeting should contact the City Secretary at (940) 458-7930 at least two days before the meeting to make arrangements. Para residentes necesitados de interpretes, favor de comunicarse con la municipalidad antes de las audiencia publica. Texas Community Development Block Grant (CDBG) Program 2011A2 Texas CDBG Application Cycle Citizen Participation Information for Public Hearing City of Sanger, Texas Sept. 20, 2010 Citizen Participation Plan: A public hearing must be held prior to application at a public place after 5:00 p.m. on a weekday and advertised at least 72 hours in advance in the local newspaper. The notice of this public hearing was published Sept. 16 in the Sanger Courier. Official action to apply to be made by the governing body at a posted meeting with public comment allowed following time of the public hearing. Notice of application and its availability for public review and comment at the local governing body offices to be advertised in the local newspaper at least five (5) days prior to the due date. The second public notice will be published on Sept. 23 in the Sanger Courier. Eligible Uses of CDBG Funds: Water, sewer, drainage, other infrastructure facilities; disaster relief; planning activities; economic development and job creation; housing rehabilitation or reconstruction; related engineering, acquisition, and administration activities. Most CDBG-assisted activities must primarily benefit households earning at or below 80% of the area median family income ("low and moderate income") or aid in the prevention of slum and blight. Amount available in North Central Texas Council of Governments Area for 2011- 2012 CDBG cycle: $275,000 per applicant or $500,000 for joint applicants under the Community Development Fund. The City's minimum match level is 15% or $41,250. Due date for CD and Planning Fund applications: 10/08/10. Past use of funds: Fund Year Grant Match Use of Funds ED 2000 $1,500,000 N/A Infrastructure in support of Wal-Mart center CD 1995 $201,478 $30,222 Utility improvements For more general information about CDBG please contact: Mark Wyatt, Director of Community Development Texas Department of Rural Affairs P.O. Box 12877 Austin, Texas 78711 e-mail address: mark.wyatt@tdra.state.tx.us TDRA website: www.tdra.state.tx.us LOCAL ORGANIZATIONS NOTIFIED OF PUBLIC HEARING FOR SANGER 2011A2 TxCDBG APPLICATION TEXAS NEIGHBORHOOD SERVICES, INC. 1802 Martin Dr. Weatherford, TX 76086 CHISHOLM TRAIL RC&D P.O. Box 454 Bowie, TX 76230 HELEN FARABEE REGIONAL MHMR CENTERS P.O. Box 8266 Wichita, Falls, TX 76307 DENTON HOUSING AUTHORITY 1225 Wilson Street Denton, TX 76205 AREA AGENCY ON AGING OF NCTCOG P.O. Box 5888 Arlington, TX 76005-5888 LZ Md 3 El Iz, fed ^}ii0 f p 8 s it i _ 1 m t� tarp 44 „_ 1 i �i rTit Hwy st to ii-- 202&Q f .3.W'sOil ho"Ilzr�lt �ii+fair i 8a r ih fl : eu 17 .. ,.� adsla TYI' - Y 3 LIE YO Ilk i4 _.�iit� 1' Rr ��I4 C' tTEXAS COUNCIL AGENDA ITEM AGENDA TYPE N Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Yes ❑ Not Applicable Council Meeting Date: September 20, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER C& AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Approving an Interlocal Agreement Between Denton County for Shared Governance Communications and Dispatch Services System. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This agreement is for Police and Fire dispatch services from Denton County. We will be making monthly payments. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR SHARED GOVERNANCE COMMUNICATIONS & DISPATCH SERVICES SYSTEM This Interlocal Cooperation Agreement for Shared Governance Co12u21unications and Dispatch Services System, hereinafter referred to as "Agreement", is made by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as the "County", and hereinafter referred to as "Agency" WHEREAS, the 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, Texas; and WHEREAS, the Agency is duly organized and operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agency; and WHEREAS, parties agree that the utilization of combined communications and dispatch services system will be in the best interests of both the County and the Agency, WHEREAS, the County and the Agency mutually desire to be subject to the provisions of the Interlocal Cooperation Act of the v. I C.A. Government Code, Chapter 791; and NOW THEREFORE, the County and the Agency, for the mutual consideration hereinafter stated, agree and understand as follows: 1. PURPOSE. The Denton Cotulty Sheriff ("Sheriff") has the facilities to provide emergency telecommunications and dispatch services throughout Denton County. The Agency wishes to utilize the Sheriff's available telecommunications and dispatch services ("Services") during the terra of this agreement. 2. ADVISORY BOARD. The Denton County Sheriff's Office will establish an Advisory Board for the Shared Governance Communication and Dispatch System "Advisory Board". Tlie membership of the board shall be the Chief of each Agency, or designee. The Advisory Board may advise and make recommendations to the Sheriff and the Sheriff's Office on matters relating to the Communications Center, as well as the recommendations for the Annual Agency Workload and Cost Statistics, within the limitations set forth in paragraph 6.1, herein. 3. TERM OF AGREEMENT. The initial term of this Agreement shall be for a one year period beginning October 1, 2010 and ending on September 30, 2011. 4. TERMINATION OF AGREEMENT. Either party may terminate this agreement, with or without cause, after providing ninety (90) days written notice to the other party. Interlocal Cooperation Agreement for 201041 Page 1 Shared Governance Communications &Dispatch Services System 5. ANNUAL SERVICE FEE. Each Agency shall pay to the County a fee for service for services based on the workload generated by the Agency. 5.1. Agency shall pay to County the Total Amount more fully described on Exhibit "A", the Agency Workload and Cost Statistics. 5.2. The Agency shall complete Exhibit "B", Agency Payment Worksheet, to identify the payment terms preferred by Agency. Agency is responsible for sending payments to County. 5.3. The fee for service will be based on the pro rata share of the workload generated by the Agency. 5.4. County agrees to provide Agency a proposed service fees for the next budget/fiscal year on or before April Ist each year. 5.5 If this Agreement is terminated prior to the expiration of the term of the Agreement, payment shall be pro -rated by written agreement between the parties. 6. COUNTY SERVICES. AND RESPONSIBILITIES. The County agrees to provide the following services and responsibilities: 6.1 The Sheriff shall have the sole discretion as to the method of providing the Services including, but not limited to the order of response to calls, and shall be the sole judge as to the most expeditious and effective manner of handling and responding to calls for service or the rendering thereof. The Sheriff shall have the sole discretion as to the method and final decision regarding the annual workload and cost statistics. The Sheriff will devote sufficient time to insure the performance of all duties and obligations set forth herein. 6.2 County shall furnish full-time communications services including a twenty-four (24) hours a day, seven (7) days a week public safety answering point, radio services, dispatching services, or law enforcement transmission originating from AGENCY requesting law enforcement and fire protection services and access to local, regional, state, and national data bases and telecommunications systems. 6.3 Tl1e services provided by Cotulty include the following: twenty-four (24) hours a day, seven (7) days a week public safety answering point; 6.3.26 receiving emergency and routine calls for law enforcement, fire, and medical services; 6.3.3 directing a response to said calls by dispatching the appropriate law enforcement, fire, and medical services; 6.3.4. providing on -going communication support to the emergency personnel in the field; and 6.3.5 updating, maintaining, and managing the County owned radio communications system, computer systems, support files, and resource materials necessary to accomplish the above. 6.4 County may add new Agencies not currently served by Dentotl County at the discretion of Denton County and the Denton County Sheriff's Office. 7. AGENCY RESPONSIBILITIES. The Agency agrees to the following responsibilities: 7.1 Providing accurate current GIS data of the corporate limits and extraterritorial jurisdiction of the Agency. 7.2 Furnish County with a current list of all Officers and Reserves authorized Interlocal Cooperation Agreement for 2010-11 Page 2 Shared Governance Communications &Dispatch Services System by Agency to use the communications system. 7.3 Agency is responsible for the costs and upgrades associated with maintaining Agency's communication equipment. 7.4 Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes 7.5 Adherence to all Sheriff's Office communications rules and regulations. 7.6 Agency agrees to provide all necessary and required TLETS paperwork. See Exhibit "C". 7.7 Appoint representative and agree to participate in the Advisory Board. 7.8 Agency is responsible for sending payments to County as more fully described in Exhibit "B" to this Agreement. 8. AGREEMENT. The parties acknowledge they have read and understand and intend to be bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings, whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement. This Agreement may be amended only by written instrument signed by both parties. 9. AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance with the terms and conditions of this Agreement. 10. ASSIGNMENT. Neither party shall assign, transfer, or sub -contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. 11. AGENCY LIABILI'I'Y. The Agency understands and agrees that the Agency, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the County. The Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed by Texas law. 12. COUNTY LIABILITY. The County understands and agrees that the County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the Agency. The County shalt not be required to indemnify nor defend Agency for any liability arising out of the wrongful acts of employees or agents of Agency to the extent allowed by Texas law. 13. DISPUTES/RECOURSE. County and Agency agree that any disputes or disagreements that may arise which are not resolved at the staff level by the parties should be referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure of either Agency or County to perform and/or agree on proportionate reduction in fees shall be submitted to mediation, with the parties splitting the mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and ditty to pay Interlocal Cooperation Agreement for 2010-11 Page 3 Shared Governance Communications &Dispatch Services System or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. 14. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit A ency Workload and Cost Statistics Exhibit B Agency Pa lent Worksheet Exhibit C TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS) NON - TWENTY-FOUR HOUR . TERMINAL AGENCY AGREEMENT 15. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 16. NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class Mail or by other reliable courier to the parties at the following addresses. County: 1 Denton County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton Texas 76201 2 Denton County Sheriff Denton County Sheriff's Office 127 N. Woodrow Lane Denton, Texas 76205 3 Assistant District Attorney Denton County Criminal District Attorney's Office 127 N. Woodrow Lane Denton, Texas 76205 Name of Agency: Contact Person Address City, State, Zip Telephone Interlocal Cooperation Agreement for 2010-11 Page 4 Shared Governance Communications &Dispatch Services System Interlocal Cooperation Agreement for 2010-11 Page 4 Shared Governance Communications &Dispatch Services System 17. SEVERABILITY. The validity of this Agreement and/or 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 preformed 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. IS. THIRD PARTY. This Agreement is made for the express purpose of provng communications and dispatch services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by law. This Agreement is not intended to create any liability for the benefit of third parties. 19. VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 20. WAIVER. The failure of County or Agency to insist upon the performance of any term or provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either party's right to assert or rely upon any such term or right, or future breach of such provision, on any future occasion. 21. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been properly authorized to sign on behalf of their governmental entity. 22. CURRENT FUNDS. All payments made by Agency to County puursuant to this Agreement shall be from current revenues available to Agency. 23. DISPATCH &COMMUNICATION RECORDS. The parties ackulowledge that the Denton County Shers Office may release dispatch and comtnutnication records of Agency pursuant to the Texas Public Information Act until such a time that the parties agree to transfer such responsibility to Agency. Interlocal Cooperation Agreement for 2010-11 Page 5 Shared Governance Communications &Dispatch Sewices System DENTON COUNTY, TEXAS Mary Horn, County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton, Texas 76201 (940)349-2820 EXECUTED duplicate originals on this Date: Approved as to content: Denton County Sheriff's Office Approved as to form: Assistant District Attorney Denton County Crimvlal District Attorney's Office AGENCY EXECUTED duplicate originals on this Date: Approved as to content: Agency Approved as to form: Attorney for Agency Interlocal Cooperation Agreement for 2010-11 Page 6 Shared Governance Communications &Dispatch Sewices System FY2011 Budget $21237,183.00 1/2 Budget Amount $11118,591050 Agency % Workload * Cost by Workload ARGYLE PD 30893% $43,549' AUBREY PD 14769% $19,786 BARTONVILLE PD 0,300% $3,352 CORINTH PD 106960% $122 597 DOUBLE OAK PD 14384% $15,477 HICKORY CREEK PD 5.378% $60,156 JUSTIN PD 1.066% $11,924 KRUGERVILLE PD 0.268% $3,002 KRUM PD 2,352% $26,310 LITTLE ELM PD ` 80506% ' $95,148 NORTHLAKE PD 44061% $45,431 OAK POINT PD 1.903% $21289 PILOT POINT PD 2A24% $23,762 PONDER PD 0.353% $3,945 SANGER PD 3,355% $37,532 TROPHY CLUB PD 4.851 % $54,258 ARGYLE FD 0.739% $8,265 AUBREY FD 10234% $13,799 DOUBLE OAK FD 0,127% $1,421 JUSTIN FD 0,477% $5,341 KRUM FD 04612% $6,842 LAKE CITIES FD 1,900% $21,253 LITTLE ELM FD 1.527% $17,085 OAK POINT FD 0.205% $2,289 PILOT POINT FD 0,706% $7,900 PONDER FD 00206% $2,300 SANGER FD 0.878% $9,819 TROPHY CLUB FD 0.388% $4,338 SHERIFF'S OFC * 39,773% $1,563,487 Totals 100.000% -$2,261,657 '' 2010-11 Budget Year AGENCY PAYMENT WORKSHEET Agency Should Include this Worksheet with Each Payment Sent.to Denton County. Make checks a able to: Denton Coun Mail payments to: Communications Agreement Payments Denton County Auditor 401 W. Hickory, Suite 423 Denton, Texas 76201~9026 Payment Plan Options Agency MUST Select One Payment Option 1 'One Annual Pa ment (100%) 2 Two Pa menu (50%) 3 Four Payments (25%) 4 Twelve Months Payments 5 Other Payment Option Other Payznerit IrifOrnlatlo2l/Details: (expected dates of payments, amounts, etc.) Agency Payment Details Denton County Sheriff's Office Denton County Sheriff's Office Printed Name to by: Agency Payment Details Agreed to by: Agency: Printed Name of tative ON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 2010-11 This document constitutes an agreement between the following parties: The Twenty -Four Hour Terminal Agency agrees to make entries into the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC) computers for the Non Twenty -Four Hour Terminal Agency. All records must be entered with the Twenty -Four Hour Agency's ORI, and all case reports and original warrants must be held at the Twenty -Four Hour Agency for hit confirmation purposes. The Non Twenty -Four Hour Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. The Twenty -Four Hour Agency reserves the right to suspend service to the Non Twenty -Four Hour Agency which may include canceling of records entered for the Non Twenty -Four Hour Agency when applicable policies are violated. The Twenty -Four Hour Agency may reinstate service following such instances upon receipt of satisfactory assurances that such violations have been corrected. In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non Twenty - Four Hour Agency agrees to maintain accurate records of all TCIC/NCIC entries made through the Twenty -Four Hour Agency and to immediately notify the Twenty -Four Hour Agency of any changes in the status of those reports to include the need for cancellation, addition, deletion or modification of information. The Twenty -Four Hour Agency agrees to enter, update and remove all. records for the Non Twenty -Four Hour Agency on a timely basis, as defined by NCIC. In order to comply with NCIC Validation requirements, the Non Twenty -Four Hour Agency agrees to perform all validation procedures as required by NCIC on all records entered through the Twenty -Four Hour Agency. Either the Twenty -Four Hour Agency or the Non Twenty -Four Hour Agency may, upon thirty days written noticeI discontinue this agreement. To the extent allowed by the laws of the State of Texas, the Non Twenty -Four Hour Agency agrees to indemnify and save harmless the Twenty -Four Hour Agency as well as the DPS, its Director and employees from and against all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrests or imprisonment or any cause of the Non Twenty -Four Hour Agency or its employees in the exercise of the enjoyment of this Agreement. In witness whereof, the parties hereto caused this agreement to be executed by the proper officers and officials. DENTON COUNTY SHERIFF'S OFFICE By: Benny Parkey By: Title: Denton County Sheriff Title: Date: Date: AGENCY STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR SHARED GOVERNANCE COMMUNICATIONS & DISPATCH SERVICES SYSTEM This Interlocal Cooperation Agreement for Shared Governance Communications and Dispatch Services System, hereinafter referred to as "Agreement", is made by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as the "County", and WHEREAS, the 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, Texas; and WHEREAS, the Agency is duly organized and operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agency; and WHEREAS, parties agree that the utilization of combined communications and dispatch services system will be in the best interests of both the County and the Agency, WHEREAS, the County and the Agency mutually desire to be subject to the provisions of the Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and NOW THEREFORE, the County and the Agency, for the mutual consideration hereinafter stated, agree and understand as follows: 1. PURPOSE. The Denton County Sheriff ("Sheriff") has the facilities to provide emergency telecommunications and dispatch services throughout Denton County. The Agency wishes to utilize the Sheriff's available telecommunications and dispatch services ("Services") during the term of this agreement. 2. ADVISORY BOARD, The Denton County Sheriff's Office will establish an Advisory Board for the Shared Governance Communication and Dispatch System "Advisory Board". The membership of the board shall be the Chief of each Agency, or designee. The Advisory Board may advise and make recommendations to the Sheriff and the Sheriff's Office on matters relating to the Communications Center, as well as the recommendations for the Annual Agency Worldoad and Cost Statistics, within the limitations set forth in paragraph 6.1, herein. 3. TERM OF AGREEMENT. The initial term of this Agreement shall be for a one year period beginning October 1, 2010 and ending on September 30, 2011. 4. TERMINATION OF AGREEMENT. Either party may terminate this agreement, with or without cause, after providing ninety (90) days written notice to the other party. Interlocal Cooperation Agreement for 2010-11 Page 1 Shared Governance Communications &Dispatch Services System 5. ANNUAL SERVICE FEE, Each Agency shall pay to the County a fee for service for services based on the workload generated by the Agency. 5.1. Agency shall pay to County the Total Amount more fully described on Exhibit "A", the Agency Workload and Cost Statistics. 5.2. The Agency shall complete Exhibit "B", Agency Payment Worksheet, to identify the payment terms preferred by Agency. Agency is responsible for sending payments to County. 5.3. The fee for service will be based on the pro rata share of the workload generated by the Agency. 5.4. County agrees to provide Agency a proposed service fees for the next budget/fiscal year on or before April 1st each year. 5.5 If this Agreement is terminated prior to the expiration of the term of the Agreement, payment shall be pro -rated by written agreement between the parties. 6. COUNTY SERVICES AND RESPONSIBILITIES. The County agrees to provide the following services and responsibilities: 6.1 The Sheriff shall have the sole discretion as to the method of providing the Services including, but not limited to the order of response to calls, and shall be the sole judge as to the most expeditious and effective manner of handling and responding to calls for service or the rendering thereof: The Sheriff shall have the sole discretion as to the method and final decision regarding the annual workload and cost statistics. The Sheriff will devote sufficient time to insure the performance of all duties and obligations set forth herein. 6.2 County shall furnish full-time communications services including a twenty-four (24) hours a day, seven (7) days a week public safety answering point, radio services, dispatching services, or law enforcement transmission originating from AGENCY requesting law enforcement and fire protection services and access to local, regional, state, and national data bases and telecommunications systems. 6.3 The services provided by County include the following: 6.3.1 twenty-four (24) hours a day, seven (7) days a week public safety answering point, 6.3.2* receiving emergency and routine calls for law enforcement, fire, and medical services, 6.3.3 directing a response to said calls by dispatching the appropriate law enforcement, fire, and medical services; 6.3.4. providing on -going communication support to the emergency personnel in the field; and 6.3.5 updating, maintaining, and managing the County owned radio communications system, computer systems, support files, and resource materials necessary to accomplish the above. 6.4 County may add new Agencies not currently served by Denton County at the discretion of Denton County and the Denton Col.mty Sher°iff's Office. 7. AGENCY RESPONSIBILITIES. The Agency agrees to the following responsibilities: 7.1 Providing accurate current GIS data of the corporate limits and extraterritorial jurisdiction of the Agency. 7.2 Furnish County with a current list of all Officers and Reserves authorized Interlocal Cooperation Agreement for 20I0-11 Page 2 Shared Governance Communications &Dispatch Services System by Agency to use the communications system. 7.3 Agency is responsible for the costs and upgrades associated with maintaining Agency's communication equipment. 7.4 Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes 7.5 Adherence to all Sheriff's Office communications rules and regulations. 7.6 Agency agrees to provide all necessary and required TLETS paperwork. See Exhibit 94070 7.7 Appoint representative and agree to participate in the Advisory Board. 7.8 Agency is responsible for sending payments to County as more fully described in Exhibit "B" to this Agreement. 8. AGREEMENT. The parties acknowledge they have read and understand and intend to be bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings, whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement. This Agreement may be amended only by written instrument signed by both parties. 9. AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance with the terms and conditions of this Agreement. 10. ASSIGNMENT. Neither party shall assign, transfer, or sub -contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. I1. AGENCY LIABILITY. The Agency understands and agrees that the Agency, its employees, servants, agents, and representatives shall at no time represent therriselves to be employees, servants, agents, and/or representatives of the County. The Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed by Texas law. 12. COUNTY LIABILITY. The County understands and agrees that the County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the Agency. The County shall not be required to indemnify nor defend Agency for any liability arising out of the wrongful acts of employees or agents of Agency to the extent allowed by Texas law. 13. DISPUTES/RECOURSE. County and Agency agree that any disputes or disagreements that may arise which are not resolved at the staff level by the parties should be referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure of either Agency or County to perform and/or agree on proportionate reduction in fees shall be submitted to mediation, with the parties splitting the mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay Interlocal Cooperation Agreement for 2010- I l Page 3 Shared Governance Communications &Dispatch Services System or, entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. 14. EXHIBITS. Aitached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit A A enc Workload and Cost Statistics Exhibit B Agency Payment Worksheet Exhibit C TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM ('I'LETS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 15. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 16. NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class Mail or by other reliable courier to the parties at the following addresses: County: 1 Denton County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton Texas 76201 2 Denton County Sheriff Denton County Sheriff's Office 127 N. Woodrow Lane Denton Texas 76205 3 Assistant District Attorney Denton County Criminal District Attorney's Office 127 N. Woodrow Lane Denton, Texas 76205 Name of Agency: Contact Person Address City, State, Zip Telephone Interlocal Cooperation Agreement for 2010-11 Page 4 Shared Governance Communications &Dispatch Services System Interlocal Cooperation Agreement for 2010-11 Page 4 Shared Governance Communications &Dispatch Services System 17. SEVERMLITY. The validity of this Agreement and/or 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 preformed 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. 1 S. THIRD PARTY. This Agreement is made for the express purpose of provng communications and dispatch services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by law. This Agreement is not intended to create any liability for the benefit of third parties. 19. VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 20. WAIVER. The failure of County or Agency to insist upon the performance of any term or provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either party's right to assert or rely upon any such term or right, or future breach of such provision, on any future occasion. 21. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been properly authorized to sign on behalf of their governmental entity. 22. CURRENT FUNDS. All payments made by Agency to Couniy pursuant to this Agreement shall be from current revenues available to Agency. 23. DISPATCH &COMMUNICATION RECORDS. The parties acknowledge that the Denton County Sheriff's Office may release dispatch and communication records of Agency pursuant to the Texas Public Information Act until such a time that the parties agree to transfer such responsibility to Agency. Interlocal Cooperation Agreement for 2010-11 Page 5 Shared Governance Communications &Dispatch Services System DENTON COUNTY, TEXAS Mary Horn, County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton, Texas 76201 (940)349-2820 EXECUTED duplicate originals on this Date: Approved as to content: Denton Cotmty Sheriff's Office Approved as to form: Assistant District Attorney Denton County Criminal District Attorney's Office AGENCY EXECUTED duplicate originals on this Date: Approved as to content: Agency Approved as to form: Attorney for Agency Interlocal Cooperation Agreement for 2010-I I Page 6 Shared Governance Communications &Dispatch Services System EXHIBIT "X' FY2011 Budget $2,237518100 1/2 Budget Amount $1,118,591.50 Agency % Workload * Cost by Workload ARGYLE PD 3.893% $43,549 AUBREY PD 1.769% $19,786 BARTONVILLE PD 0.300% $3,352 CORINTH PD 10.960% $122,597 DOUBLE OAK PD 10384% $15,477 HICKORY CREEK PD 5378% $60,156 JUSTIN PD 1.066% $11,924 KRUGERVILLE PD 0.268% $3,002 KRUM PD 2.352% $26,310 LITTLE ELM PD; 8.506%' $95,148 NORTHLAKE PD 40061 % $45,431 OAK POINT PD `. 10903% $21,289 PILOT POINT PD 2.124% $23,762 PONDER PD 00353% $32945 SANGER PD 3.355% $37,532 TROPHY CLUB PD 4.851 % $5422.58 ARGYLE FD 00739% $8,265 AUBREY FD 1.234% $13,799 DOUBLE OAK FD 0.127% $1,421 JUSTIN FD 09477% $53341 KRUM FD 0.612% $6,842 LAKE CITIES FD 1.900% $21,253 LITTLE ELM FD 12527% $17,085 OAK POINT FD 0.205% $2,289 PILOT POINT FD 0,706% $73900 PONDER FD 00206% $2,300 SANGER FD 0.878% $93819 TROPHY CLUB FD 0.388% $4,338 SHERIFF'S OFC * 39*773% $13563,487 Totals 1004000% $232519657 EXHIBIT_"B" 2010-11 Budget Year AGENCY PAYMENT WORKSHEET Make checks a able to: Denton Coun Mail payments to: Communications Agreement Payments Denton County Auditor 401 W. Hickory, Suite 423 Denton, Texas 76201 ~9026 Payment Plan Options Agency MUST Select One Payment Option 1 One Annual Pa ent (100%) 2 Two Pa menu (50%) 3 Four Pa menu (25%) 4 Twelve Monthly Payments 5 Other Pa ment Option Other Pa ment Information/Details: (exp°°test antes of pay���etts, ��,�o«nts, etc.) Agency Payment Details Agreed to by: Denton County Sheriff's Office Denton County Sheriff's Office Printed Name Agency Payment Agency: Printed Name of Agreed to by: five EXHIBIT "C i LAW ENFOR ON -TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 2010=11 This document constitutes an agreement between the following parties: The Twenty -Four Hour Terminal Agency agrees to make entries into the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC) computers for the Non Twenty -Four Hour Terminal Agency. All records must be entered with the Twenty -Four Hour Agency's ORI, and all case reports and original warrants must be held at the Twenty -Four Hour Agency for hit confirmation purposes. The Non Twenty -Four Hour Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. The Twenty -Four Hour Agency reserves the right to suspend service to the Non Twenty -Four- Hour Agency which may include canceling of records entered for the Non Twenty -Four Hour Agency when applicable policies are violated. The Twenty -Four Hour Agency may reinstate service following such instances upon receipt of satisfactory assurances that such violations have been corrected. In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non Twenty - Four Hour Agency agrees to maintain accurate records of all TCIC/NCIC entries made through the Twenty -Four Hour Agency and to immediately notify the Twenty -Four Hour Agency of any changes in the status of those reports to include the need for cancellation, addition, deletion or modification of information. The Twenty -Four Hour Agency agrees to enter, update and remove all records for the Non Twenty -Four Hour Agency on a timely basis, as defined by NCIC. In order to comply with NCIC Validation requirements, the Non Twenty -Four Hour Agency agrees to perform all validation procedures as required by NCIC on all records entered through the Twenty -Four Hour Agency. Either the Twenty -Four Hour Agency or the Non Twenty -Four Hour Agency may, upon thirty days written notice, discontinue this agreement. To the extent allowed by the laws of the State of Texas, the Non Twenty -Four Hour Agency agrees to indemnify and save harmless the Twenty -Four Hour Agency as well as the DPS, its Director and employees from and against all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrests or imprisonment or any cause of the Non Twenty -Four Hour Agency or its employees in the exercise of the enjoyment of this Agreement. In witness whereof, the parties hereto caused this agreement to be executed by the proper officers and officials. DENTON COUNTY SHERIFF'S OFFICE By: Benny Parkey Title: Denton County Sheriff Date: By: Title: Date: AGENCY �gef� rTEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑Consent Reviewed by ❑ Yes ❑ Not Applicable ® Workshop ❑ Executive ❑ Public Hearing Finance Reviewed by Legal ❑ Yes ® Not Applicable Council Meeting Date: September 20, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date A . - ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Discussion and consideration of Texas Commission on Environmental Quality (TCEQ) Agreement covering the Sanitary Sewer Overflow (SSO) Initiative. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ®BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR, YEAR YEAR YEAR(S) TOTALS Proposed Expenditure Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Staff prepared a report for Texas Commission on Environmental Quality (TCEQ) review in August 2009 in regards to a letter received from TCEQ dated June 30, 2009 which outlined violation at the Wastewater Treatment Plant (WWTP). In discussion with TCEQ staff and previous correspondences the preparation of the SSO report was recommended as a corrective action for reported sanitary sewer overflows throughout the city and at the existing WWTP. The City's participation in this program can help reduce the potential for future fines and other enforcement actions that could be levied against the city. Milestones listed in this agreement have some flexibility as long as proper notification and justification is forwarded to TCEQ in a timely manner. Financing for the provisions of this agreement are subject to City Council approval and the availability of funds. STAFF OPTIONS & RECOMMENDATION Staff recommends approval of the agreement. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Sanitary Sewer Overflow (SSO) Initiative Report Copy of TCEQ Agreement Texas Commission on Environmental Quality AGREEMENT City of Sanger Enforcement Case No. 35907 City 01 SarigOr RN103014155 Denton County, Texas The Texas Commission on Environmental Quality ("Commission" or "TCEQ") is the state agency charged with enforcing TEx. WATER CODE ch. 26 (the "Code") and the regulations promulgated pursuant to the Code. The City of Sanger ("the City") owns and operates a wastewater collection system located in Denton County, Texas (the "System"). The City has reported 13 unauthorized discharges totaling 67,46o gallons during the period between March 29, 2007 and April 7, 2010. The majority of these discharges were due to inflow/infiltration ("I/I"), structural or equipment failures and line blockages. The City will be required to rehabilitate the System to insure a reduction of risk to the public health and the environment, and to comply with Commission requirements. PP.OVISIONS In response to these deficiencies and in an effort to eliminate the potential threat to public health, the City and the Commission have entered into an Agreement. This Agreement formalizes the commitments made by the City in its letter to the TCEQ dated April 7, 2010 (see Attachment A). The provisions of this Agreement are as follows: 1. Beginning December 31, 2010, and on an annual basis thereafter, through September 30, 2013, the City shall: a. Conduct manhole inspections of 15o shallow manholes (five feet or less); b. Clean approximately 50,000 linear feet of wastewater lines; c. Conduct closed circuit television inspections of the wastewater mains and lateral tie-ins (12 inches or larger in diameter) throughout selected basins; and d. Conduct smoke testing to identify any potential I/I issues or leaks that may exist in the wastewater collection system. 2. By March 31, 2011, the City shall abandon the Southside lift station, and pave and make drainage improvements associated with Cowling Road. 3. By December 31, 2012, the City shall abandon the Holt -Keaton road lift station and construct approximately 1,360 linear feet of 10" line running from the existing lift station westerly to an existing 12" interceptor main. 4. By September 30, 2013, the City shall construct approximately 8,600 linear feet of 27" line running south from Lois Road to approximately 1,400 l0 near feet north of Chapman City of Sanger Agreement Page 2 Drive (Farm -to -Market Road 455)�"FM") crossing the BNSF railroad rail lines. This project will be divided into two phases. The first phase would begin north of FM 455 preceding north and ending approximately too linear feet south of Utility Road. The second phase will commence at phase one termination point and proceed north to Lois Road. 5. By December 31, 2018, the City shall complete construction of a new 2.o MGD wastewater treatment plant. 6. Within 90 days of the effective date of this Agreement, and on an annual basis thereafter, the City shall submit a progress report to the Commission. These reports shall include information regarding actions taken by the City towards completion of the Provisions in this Agreement. �. By March 31, 2019, the City shall submit a written Final Report that contains the following: a. A summary of all corrective actions that have been completed in accordance with the Provisions in this Agreement; b. A summary of all Provisions in this Agreement that were not completed, including reasons why specific corrective actions were delayed; and c. A description of the overall .improvement the corrective actions had on the System. 8. The Executive Director may grant an extension to any provisions of this Agreement upon a written and substantiated showing of good cause. All requests for extensions by the City shall be made in writing to the TCEQ. Extensions are not effective until the City receives written approval from the TCEQ. The determination of what constitutes good cause rests solely with the TCEQ. 9. The City shall submit copies of all correspondence, reports, and documentation required by Provision Nos. 1 through � to: with a copy to: Order Compliance Team Enforcement Division, MC i49A Texas Commission on Environmental Quality P.O. Box 13o87 Austin, Texas 78711-3087 Manager, Water Section Dallas -Fort Worth Regional Office Texas Commission on Environmental Quality 23o1 Gravel Drive Fort Worth, Texas 7611M951 City of Sanger Agreement Page 3 In return for the City's agreement and adherence to these terms, the Commission will withhold further enforcement actions related to the noted deficiencies. Should unforeseen circumstances indicate a need to alter the above mentioned schedule, the City must immediately notify the Commission so that an amendment can be discussed. The effective date of this Agreement is the signature date of the City's authorized representative. Acceptance of the terms of this Agreement is indicated by the signature below. Authorized representative of City of Sanger Date Printed name of authorized representative Title City of Sanger Susan Johnson, Manager Enforcement Section III, Enforcement Division Date Instructions: Send this signed, original Agreement to Cheryl Thompson, Enforcement Division, MC R-o4, Texas Commission on Environmental Quality, 2309 Gravel Drive, Fort Worth, Texas �6u8-695i Texas Comm fission on Environmental Quality (TCEQ) Sanitary Sewer Overflow (SSO) Outreach Initiative Proposal April 6, 2010 201 BOLIVAR STREET BANGER, TEXAS 76266 (940) 458-2059 (0) (940) 458=4072 (F) TCEQ SSO = PROPOSAL We of Contents 1. Introduction -Background 2. Purpose 3. Existing Infrastructure 4. Source of Sanitary Sewer Overflows 5. Compliance Plan 6. Conclusion Exhibit: o Exhibit 1 — Table 1-1: "History of Sanitary Sewer Overflows" o Exhibit 2 — Table 1=2:"Objectives and Extent of Success" o Exhibit 3 — Table 1-3:"City of Sanger SSO Proposal Funding Outline" o Exhibit 4 — "Sanger SSO Timeline" Attachments: • "A" — "2010 Existing Wastewater System" • "B" — "2015-2030 Future Wastewater Improvements" • "C" — "Inspection Forms" • "D" —City of Sanger Regulation Article " 13.2100 Industrial Waste Regulations Page 2 of 9 SECTION 1 — INTRODUCTION/BACKGROUND The City of Sanger is located in the northwest corner of Denton County north of the intersection of I-35E and I-35W. With the future extension of a connector from US 75 to I-35 and the possibility of the Trans -Texas Corridor extending through or near the City of Sanger can expect substantial growth. One major factor to sustaining growth in a region is to have sufficient infrastructure available to support the development. Water, wastewater, streets and drainage are important aspects of infrastructure that must be adequate to support the increased population and business in a growing community. The North Central Texas region has experienced substantial decrease in growth over the past several years. Annual growth rates for North Texas cities where 15% - 25% over the past several years until the economic downturn dropped the growth rate to about 1 % to 3%. Proper planning for growth is paramount to success for a city. Excessive capital projects, moratoriums, and inadequate infrastructure can be results of poor planning. One step the City has taken in wastewater service is to identify an area for system planning. This identified area is a Certificate of Convenience and Necessity (CCN) as approved by the Texas Commission on Environmental Quality (TCEQ). This approximately 135 sq. mile area has been identified by the City for wastewater service. The CCN is generally bounded by Wise County on the west, Cooke County on the North, Lake Ray Roberts on the east and Stice Rd, FM 1173, FM 156, Clear Creek, FM 2164 and FM 455 on the south. This CCN area is shown in Figure 1-1. Page 3 of 9 Sanger, TX climate is hot during summer when temperatures tend to be in the 90's and cold during winter when temperatures tend to be in the 30's. The warmest month of the year is July with an average maximum temperature of 97 degrees Fahrenheit, while the coldest month of the year is January with an average minimum temperature of 30 degrees Fahrenheit. The annual average precipitation at Sanger is 38.27 Inches. Rainfall in is fairly evenly distributed throughout the year. The wettest month of the year is May with an average rainfall of 5.29 Inches. (Weather data was obtained from NOAA.) SECTION 2 —PURPOSE The City of Sanger notified Texas Commission of Environmental Quality of its intent to participate in the Sanitary Sewer Overflow (SSO) Initiative. The City of Sanger is committed to maintaining a wastewater system that will meet or exceed all applicable TCEQ regulations and requirements concerning the treatment and collection of said wastewater. In preparation of this document the city staff reviewed the wastewater overflows and determined the main cause of said overflows. We are committed to implementing the necessary action plans to reduce and minimize any future occurrence. Staff understands the need for improvement of our wastewater system infrastructure and associated items. SECTION 3 —EXISTING INFRASTRUCTURE The City of Sanger owns, operates and maintains it own Publicly Owned Treatment Works (POTW). The POTW consists of approximately 184,000 linear feet (If) (34.9 miles) of wastewater main ranging from six inch (6") to twenty-seven inch (27") diameter, 406 manholes and seven (7) lift stations. The City serves a population of approximately 7,000 people with an average daily wastewater flow of 0.60 MGD per day. The City's treatment plant operates under Texas Permit 14732-001. The City of Sanger began building the basic sewer infrastructure that would allow the City to grow and prosper over fifty (50) plus years ago. Amazingly, some of that infrastructure is still in use today. While focused on controlling overflows, a significant portion of the Overflow Control Plan addresses repairing, improving, and maintaining the City's basic sanitary sewer system so that it can be used by Sanger Citizens for years to come. The wastewater pipe installed during the early years of the initial system consisted of mainly clay and concrete material. Over the years these pipes have deteriorated to a point where open and offset joints have occurred as well as intrusion of plant/tree roots having penetrated the pipe's outside walls and along the degeneration/crumbling of the older manholes would undoubtedly allow ground water to infiltrate into the system. A more detailed map of the existing wastewater system is shown in Attachment A: Labeled "2010 Existing Wastewater System". Attachment A shows the existing wastewater features in more detail with location of existing plant, lift stations, line sizes, manholes and other features associated with the wastewater system. Page 4 of 9 SECTION 4 — SOURCE OF SANITARY SEWER OVERFLOWS In preparation of this plan staff has recognized the following areas of concern: • The first being stoppages/blockages of mains primarily caused by structural failure (collapse) of the older collection mains. The second primary area of concern is Inflow/Infiltration (1/1) within the existing system. The City has reported 13 unauthorized discharges totaling approximately 83,250 gallons during the period between December 301 2006 and June 8, 2009. Histories of the Sanitary Sewer Overflows are shown in more detail in Table 1-1. • The City is currently working with KSA Engineering Consultants (KSA) on new Wastewater System Master Plan (WWMP), along with the development of a Wastewater Capital Improvements Plan (WWCIP) covering the years of 2010 to 2030. These two items will allow City staff to analyze our existing system more in depth and give us a more defined approach in covering our current and future needs. KSA, in the preparation of WWMP reviewed all existing wastewater components, prepared a computer wastewater system model, prepared detail system mapping, evaluated existing flows and developed anticipated flows based on projections of population and assumed future land use. In the completion of the aforementioned items the consultant will develop a WWCIP. The WWCIP will provide the City the necessary tools to plan for funding and timely construction of the wastewater system components to meet the present and future needs. In the recent development of the WWMP and WWCIP staff, in working with the consultants, has identified some key components to address in the near future. The consultants have divided the existing wastewater system into three drainage basins as shown in more detail "2015-2030 Future Wastewater Improvements". • The City will take action in rehabilitating the wastewater system to minimize and reduce the risk to public health and the environment and to comply with all applicable IEQ regulations and requirements. The reported discharges were spread throughout the city's wastewater system, one recently reported incident (along 51h Street) was associated with structural failure (collapse line), and approximately four hundred linear feet have been replaced over the past twelve months. The latest segment (285 linear feet) has been replaced within the last few weeks. Replacement of this section removed several old clay tile services tie-ins that were no longer active, helping reduce Inflow/Infiltration issues. SECTION 5 —COMPLIANCE PLAN The City of Sanger's SSO Proposal involves the following elements: • Capital Improvement and Rehabilitation Projects; • Inflow/Infiltration studies; • Preventative Maintenance Program/Measures; • Outreach and Education Program; • Operational Practices: Page 5 of 9 CAPITAL IMPROVEMENT PROGRAM: 2005-2006 CAPITAL IMPROVEMENTS PROJECT- PHASE III & IV: Within the older section of the city between the BNSF RR main line and Second Street for the east and west boundaries respectively and Wayne Street and Chapman Drive (FM 455) for the south and north boundaries respectively. This project was designed in September 2008 and completed construction in May 2009. The completed public utility improvements consisted of replacement of approximately 8,200 linear feet of wastewater line ranging from six inch (6") to 15-inch (15") and approximately thirty- five (35) manholes. In conjunction with the installation of these lines over one hundred ten (110) service lines were replaced. The majority of the abandoned wastewater mains, as previously noted, consisted of clay and/or concrete pipes, while the majority of service lines replaced were of clay material. The replacement of these wastewater mains occurred in basin two (2) as noted in the "2010 Existing Wastewater System". Abandonment of Southside Lift Station (LS): —Southside Lift Station was constructed in the early 1980's. This Southside LS serves a small residential neighborhood of approximately one hundred (100) homes and a small commercial area of approximately twelve (12) acres. Wastewater collection mains located within this drainage basin will be adequate to accommodate future development in the currently undeveloped commercial zoned property. Abandonment of this LS will allow the City to eliminate a potential overflow issue from future reporting's. The proposed project wilt begin construction in late spring or early summer of 2010. This project will occur with the paving and drainage improvements associated with Cowling Road. Abandonment of Holt -Keaton Rd Lift Station (LS): — Holt -Keaton Rd Lift Station was constructed in the mid 1990's. This Holt -Keaton Rd LS serves a small residential neighborhood of approximately eight homes and a small undeveloped commercial area of approximately fourteen (14) acres. Abandonment of this LS will allow for City to remove a potential problem from future reporting's. The proposed project will construct approximately 1,360 linear feet of ten -inch (10") line running from existing lift station westerly to an existing 12-inch interceptor main. The proposed project is on hold awaiting acquisition of off -site utility easement and could begin construction within four months of acquiring off -site easement. Construction of Bridle Path Wastewater Interceptor Main: —With the past and future commercial development occurring within drainage basin three (3) and the opportunity for the abandonment of Bridle Path Lift Station (LS). This proposed project would allow for the City to remove an additional lift station and abandon over 3,800 linear feet of undersized main ranging from 8 to 10-inch main. The proposed project will construct approximately 8,600 linear feet of twenty-seven (27") line running south from Lois Road to approximately 1,400 linear feet north of Chapman Drive (FM 455) crossing the BNSF RR rail lines. This project will be divided into two phases. The first phase would begin north of FM 455 proceeding north and ending approximately 100 LF south of Utility Road. The second phase will commence at phase one termination point and proceed north to Lois Road. Page 6 of 9 Phase one of this proposed project will begin design in late 2010 or early 2011. Construction will begin late 2011 or early 2012. Design of phase two will commence within six months of completion of phase one and construction will begin thereafter. Construction of New 2.0 MGD Wastewater Treatment Plant: The new wastewater plant shall be located on the south side of the city along Rector Road and Clear Creek. The permit for the new plant has been obtained from TCEQ. Wastewater from basins 1, 2, and 3 currently treated at the existing plant will be collected on -site and redirected to the new plant via a 42" gravity line. Upon the new plant becoming operational it is the City's intent to abandon the existing plant. The new plant will be designed to serve as a regional facility and be expandable to 24 MGD upon full build out. Currently the City of Sanger is partnered with Upper Trinity Regional Water District (UTRWD) in the construction and operation of the proposed new plant. The proposed project has been designed to thirty percent (30%) level and due to the economic slow -down the city in conjunction with UTRWD has delayed the project due to a slow down in growth and need. Closure of the existing WWTP will be addressed upon the completion of the new WWTP> INFLOW/INFILTRATION (Ill) STUDIES AND REDUCTION PROGRAM: Infiltration is caused by leaks in the wastewater mains that allow ground water to enter the system. Inflow occurs when stormwater enters the wastewater system through broken cleanouts, improperly sealed and degenerated manholes, and stormwater line(s) connections into the wastewater system. 1/1 components are as follow. Investigation Phase —which will include manhole inspection, smoke testing and closed circuit television inspection of lines twelve inches (12") in diameter and larger • Manhole inspections —Inspections made in shallow manholes (five feet and less) will essentially be conducted as above ground inspections. Manholes of greater depth will require inspection crews to be trained in confined space entry requirements. Industry studies/reports show that a major source of infiltration can occur from manholes deficiencies or other type of underground structures. The percentage level can be upwards from 30 to 50 percent of a system's infiltration. Being able to discover these deficiencies early on before they the manhole(s) deteriorate passed the repairable stage can offer the owner of the collection system a considerable amount of savings. • Smoke Testing —This portion will identify any potential source(s) of inflow in the wastewater collection system. Each tested line segment will be photographed and field notes taken for verification and future documentation. Smoke testing will locate any leaks or inflow and infiltration that may exist in both the main and customer service lines in the areas. Along with smoke testing, there will be testing performed for illegal interconnections between storm water and wastewater lines. • Closed Circuit Television Inspection —Inspection of the wastewater mains and laterals tie-ins will be performed throughout selected drainage basins. This task will be performed by outsourcing to a qualified contractor. The city currently budgets $25,000 annually to cover this type of work. Staff will look at increasing this budget item in the upcoming years if economic conditions will allow. Page 7 of 9 • Cleaning of Wastewater Lines — The City conducts an annual cleaning of wastewater lines to help prevent the accumulation of various types of buildups. The PW Department will perform this task utilizing city personnel. Staff will clean approximately 45,000 linear feet annually. In the spring of 2009, the City of Sanger contracted with KSA tc Master Plan (WWMP), along with the development of a Wastew (VVWCIP) covering the years of 2010 to 2030. As part of the stu rain gauges within the designated three drainage basins through two basins (basins 1 & 2) have been identified to have problem in more detail upon the completion of KSA's report in the upcom the annual inspections, staff will review any discovered defit showing the inspections, maintenance and repair. A copy of this TCEQ in the City's annual progress report. PREVENTATIVE MAINTENANCE PROGRAM/MEASURES: Maintenance of the wastewater system is the responsibilit Department. Staff currently performs the activities listed below, I is the area to be taken in the effort to reduce sanitary performance. U.CA( boo L • Aerial Crossings Inspections —Staff routinely inspects aerial crossings. Inspections are performed as a form of preventative measures to reduce the likelihood of pipe failure and accidental spillage into the waterways. Any deficiencies noted are placed on maintenance list for scheduled repair. Staff will continue to inspect all wastewater aerial crossings a minimum of three times a year, along with inspection occurring after heavy rainfall event. • Lift Station Inspections —With seven wastewater system and six of those Acquisition (SCADA) covering operating lift stations are performed daily. Iift stations currently in service throughout the lift station have System Control and Data status, alarms and failures. Inspections on all Staff will continue with their monitoring of all active lift stations as well as work on planning and construction of gravity lines to allow for the abandonment of the all possible lift stations. Shown in Attachment "C" is the Lift Station Daily Inspection Sheet. OUTREACH AND EDUCATION PROGRAM: Programs are currently provided by hand out material and one on one contact with the general public. Staff will look at development of the city's website to help inform the public on best management practices to work on reducing undesirable discharges to the wastewater system. Staff will work with apartment owners/managers along with commercial, restaurants and industries to help insure that have the latest information. Enforcement of these measures will be under the City of Sanger's ordinance Article 13.2100 titled "Industrial Waste Regulations". Page 8 of 9 OPERATIONAL PRACTICES: Wastewater Management System — Staff currently has an older form of mapping software however, most of city's records are paper copies alone. Staff is looking at upgrading and expanding its GIS system with field data collector. This will allow for staff to accurately locate wastewater system infrastructure. This software will be purchased by June 30, 2010. Response to SSO Events — PW crew member work a daily shift from 8:00 am to 5:00 pm Monday thru Friday. The City has personnel on 24-hour standby for response to SSO events. The City will continue to have personnel on regular and after hour calls for immediate response to any SSO event(s). SSO Analysis and Mitigation — PW examines all overflow events to determine the reason and future prevention measures that may be taken to help reduce a recurrence of this event. The PW staff will review and determine the cause of SSO event in an effective manner. PW staff will continue to approach in a more proactive manner rather than being in a reactive situation. Staff will monitor the cost associated with SSO events) by tracking all associated cost with repairs and any necessary cleanups. These costs will be used in comparison with the cost of implementing more pro -active preventative measures. The cost difference between the proactive and reactive approaches can possibly be used as justification for budgetary increases or redistribution of funds. SECTION 5 —CONCLUSION The City of Sanger believes that with its current practices and incorporating those components outlined in this proposal, the City has taken a proactive approach in addressing sanitary sewer overflows. The city is committed to rehabilitating sewer lines and other Capital Improvement Projects as outlined in this proposal; however these improvements will be subject to the approval of the City of Sanger City Council and the availability of funds. The performance of the City's wastewater collection system is directly linked to the effectiveness of its program. Performance characteristics of a system with an inadequate program include frequent blockages resulting in overflows and backups. Other major performance indicators include pump station reliability, equipment availability, and avoidance of catastrophic system failures such as a collapsed pipe or deteriorated manholes. Dry weather system performance serves as a good indicator for the effectiveness of the City 's O & M program. 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I T. ;a I it 11 T`IF I l --IF = iIT �.� F- - ���111111"1F MEE i f IF 1,. 1 ,- FFIT IF f_T._ . _ N, ERNE I s IF \ • Ir SEE I \i TZ s `—amor'L j I F 11111111111111IIttt1} ° I r T ! ) EI E7 L- - I-11 -IF II1 t ! j - -- 1-If fi . !-{- HIIN TEEIF -- l BASIN 3 BASIN 2 BANGER CITY OF SANITARY SEWER OVERFLOW INITIATIVE PROPOSAL - T. ;a I it 11 T`IF I l --IF = iIT �.� F- - ���111111"1F MEE i f IF 1,. 1 ,- FFIT IF f_T._ . _ N, ERNE I s IF \ • Ir SEE I \i TZ s `—amor'L j I F 11111111111111IIttt1} ° I r T ! ) EI E7 L- - I-11 -IF II1 t ! j - -- 1-If fi . !-{- HIIN TEEIF -- l BASIN 3 BASIN 2 BANGER CITY OF SANITARY SEWER OVERFLOW INITIATIVE PROPOSAL - ; -� ILL L - - y �I --�— 'iIF 2010 EXISTING WASTEWATER SYSTEM a -- ------------------ 1 z LI * , - rH -_ _ I- I-_�lIIt1111tt11/HtItI1H1� III \ ; � .;�IL� I I IL I i f 1l - --: - -- rT — - 7etHt t�H Ilet eLI cm r� I ; �tttltetttettri;�, �.�;h", -- J I IL , ll F�Pt Is 71 will v Tt Ift ftft -JOI_ m L BASIN 2 17, L gilt yyy, r 1Li ,. joiyy� BAS N 1 w - I t� t 4 iy _ yy yettetet; "Proposed WW Interceptor I 1I • I i _,_III _�lu�•=-i CITY OF BANGER SANITARY SEWER OVERFLOW INITIATIVE PROPOSAL �T-T BAN N 3 y k _._� y .� f rr "1 ' I - VP - w I , I Proposed 42 , Interceptor — - - m r rL + r +Proposed r__- WWTR,: I ' FUTURE WASTEWATER SYSTEM IMPROVEMENTS Sanger Code of Ordinances, ARTICLE 13.2100 INDUSTRIAL WASTE REGULATIONS SV;" 02101 Definitions As used in this article: ABBroving Authority. The city manager or his/her duly authorized representative. B.O.D. (Biochemical Oxygen Demand). The quantity of oxygen by weight, expressed in mg/1, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty degrees (20°C) centigrade. Building Setiver. The extension from the building drain to the public sewer or other place of disposal (also called the house lateral and house connection). Cam. The City of Sanger, Texas or any authorized person acting in its behalf. COD. (Chemical Oxpgen Demand). The measure of the oxygen -consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/1 as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. Control Manhole. A manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer. Control Point. The point of access to a course of discharge before the discharge mixes with other discharges in the public sewer. Garbage. The animal and vegetable wastes and residue fi•om preparation, cooking and dispensing of food, and from the handling, processing, storage and sale of food products and produce. Industrial Waste. The waste resulting from any process of indushy, manufacturing, h•ade or business from the development of any natural resource or any mixture of the waste with water or normal wastewater or distinct from normal wastewater. Industrial Waste Charge. The charge made on those persons who discharge industrial wastes into the city's sewerage system. Milligrams Per Liter (nagl). The same as parts per million and is aweight-to-volume ratio; the milligram -per -liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. Sanger Code of Ordinances Natural Otttlet. Any outlet into a watercourse, ditch, lake or other body of surface water or groundwater. Normal Domestic Wasteti��ater, The wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 260 mg/1 and B.O.D. is not more than 260 mg/l. Overload. The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity. Person. Any individual, including any corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity. �H. The logarithm (Base 10) of the reciprocal of the hydrogen ion concentration; Pttblrc Sei��er. The pipe or conduit -carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the City of Sanger, Texas. Sanitary Setia�er. A public sewer that conveys domestic wastewater or industrial wastes or a combination of both and into which storm water, surface water, groundwater and other unpolluted wastes are not intentionally passed. Slu .Any discharge of water, wastewater or industrial waste which in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation. Standard Methods. The examination and analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. Storm Seaver. A public sewer which carries storm, surface waters and drainage, and into which domestic wastewater or industrial wastes are not intentionally passed. Storm Water. Rainfall or any other forms of precipitation. Sttpet•intendent. The Water and Wastewater superintendent of the City of Sanger, Texas or his or her duly authorized deputy, agent or representative. Sanger Code of Ordinances Suspended Solids (SS). Solids measured in mg/1 that either float on the surface of or are in suspension in, water, wastewater or other liquids and which are largely removable by a laboratory filtration device. To Disc l aMe. Includes to deposit, conduct, drain, emit, throw, run, allow, to seep or otherwise release or dispose of or to allow, permit or suffer any of these acts or omissions. Trap. A device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances. Unpolluted Wastewater. Water containing: (1) no free or emulsified grease or oil; (2) no acids or alkalies; (3) no phenols or other substances producing waste or odor in receiving water; (4) no toxic or poisonous substances in suspension, colloidal state or solution; (5) no noxious or otherwise obnoxious or odorous gas; (6) not more than a significant amount in mg/1 each of suspended solids or B.O.D., as determined by the Texas Department of Water Resources; and (7) color not exceeding fifty (50) units as measured by the Platinum -Cobalt Method of determination as specified in Standard Methods. Waste. The rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities. Wasterl)ater. A combination of the water -carried waste from residences, business buildings, institutions and industrial establishments, together with any ground, surface and storm water that may be present. Wastewater Facilities. Includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes. Wasteliwter• Service Charge. The charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal wastewater. Sanger Code of Ordinances Wctsteivater• Treatment Plant. Any city -owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial waste and sludges from the sanitary sewers. Water course. A natural or man-made channel in which a flow of water occurs, either continuously or intermittently. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1901) Sec. 13.2102 Prohibited llischarges (a) No person may discharge to public sewers any waste which by itself or by interaction with other wastes may: (1) injure or interfere with wastewater treatment processes or facilities; (2) constitute a hazard to humans or animals; or (3) create a hazard in receiving waters of the wastewater treatment plant effluent. (b) All discharges shall conform to requirements of this article. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1902) Sec. 13.2103 Chemical Discharges (a) No discharge to public sewers may contain: (1) cyanide greater than 1.0 mg/1; (2) fluoride other than that contained in the public water supply; (3) chlorides in concentrations greater than 250 mg/I; (4) gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas; or (5) substances causing an excessive chemical oxygen demand (C.O.D.). (b) No waste or wastewater discharged to public waters may contain: Sanger Code of Ordinances (1) strong acid, iron pickling waste or concentrated plating solutions whether neutralized or not; (2) fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between 32' -150°F (0°- WC); (3) objectionable or toxic substances, exerting an excessive chlorine requirement, to such degree that any such material received in the composite wastewater treatment works exceeds the limits established by the approving authority for such materials; or (4) obnoxious, toxic or poisonous solids, liquids or gases in quantities sufficient to violate the provisions of Section 13.2102 (a). (c) No waste, wastewater or other substance may be discharged into public sewers which has a pH lower than 5.5 or higher than 9.5 or any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel at the wastewater facilities. (d) All waste, wastewater or other substances containing phenols, hydrogen sulfide or other taste and odor -producing substances, shall conform to concentration limits established by the approving authority. After treatment of the composite wastewater, concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1903) Sec. 13.2104 Hazardous Metals and Toxic Materials (a) No discharges may contain concentrations of hazardous metals other than amounts specified in subsection (b) below Vila section. Rhenium Sh•ontium Tellurium Herbicides Fungicides Pesticides (b) The allowable concentrations of hazardous metals, in terms of mg/1, for discharge to inland waters and determined on the basis of individual sampling in accordance with "Standard Methods" are: M Sanger Code of Ordinances Not to Exceed Daily Grab Metal Average Composite Sample Arsenic 0.1 0.2 0.3 Barium 1.0 2.0 4.0 Cadmium 0.05 0.1 0.2 Chromium 0.5 1.0 5.0 Copper 0.5 1.0 2.0 Lead 0.5 1.0 1.5 Manganese 1.0 2.0 3.0 Mercury 0.005 0.005 0.01 Nickel 1.0 2.0 3.0 Selenium 0.0-5 0.1 0.2 Silver 0.05 0.1 0.2 Zinc 1.0 2.0 6.0 NOTE: These concentration parameters and rules governing same are promulgated under authority of Sections 5.131 and 5.132, Texas Water Code - Hazardous Metals and in accordance with Texas Department of Water Resources Rules (156.19). (c) No other hazardous metals or toxic materials may be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes and other applicable provisions. (d) Prohibited hazardous materials include, but are not limited to: Antimony Beryllium Bismuth Cobalt Molybdenum Uranyl ion (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1904) Sec. 13.2105 Particulate Size Sanger Code of Ordinances (a) No person may discharge garbage or other solids into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half inch (1/2") in any dimensions are prohibited. (b) The approving authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three -fourths (3/4) horsepower (0.76 hp metric) or greater. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1905) Sec. 13.2106 Storm Water and Other Polluted Drainage (a) No person may discharge to public sanitary sewers: (1) unpolluted storm -water, surface water, groundwater, roof runoff or subsurface drainage; (2) unpolluted cooling water; (3) unpolluted industrial process waters; (4) other unpolluted drainage, or make any new connections from inflow sources. (b) In compliance with the Texas Water Quality Act and other statutes, the approving authority may designate storm sewers and other watercourses into which unpolluted drainage described in subsection (a) above may be discharged. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1906) Sec.13.2107 Temperature No person may discharge liquid or vapor having a temperature higher than 150°F (65°C) or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of 10°F or more per hour or a combined total increase of plant influent to 110°F. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1907) Sec. 13.2108 Radioactive Wastes (a) No person may discharge radioactive wastes or isotopes into public sewers without the permission of the approving authority. Sanger Code of Ordinances (b) The approving authority may establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewers. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1908) Sec. 13.2109 Impairment of Facilities (a) No person may discharge into public sewers any substance capable of causing: (1) obstruction to the flow in sewers; (2) interference with the operation of treatment processes of facilities; or (3) excessive loading of treatment facilities. (b) Discharges prohibited by subsection (a) above include but are not limited to materials which exert or cause concentrations of: (1) inert suspended solids greater than 250 mg/1, including but not limited to: Fuller's earth; lime slurries; and lime residues. (2) dissolved solids greater than 250 mg/1 including but not limited to: sodium chloride; and sodium sulfate. (3) excessive discoloration, including but not limited to: A ye wastes; and vegetable tanning solutions; or (4) B.O.D., C.O.D. or chlorine demand in excess of normal plant capacity. (c) No person may discharge into public sewers any substance that may: (1) deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (2) overload skimming and grease handling equipment; Sanger Code of U14dJnances (3) pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the nonamenability of the substance to bacterial action; or (4) deleteriously affect the treatment process due to excessive quantities. (d) No person may discharge any substance into public sewers which: (1) is not amenable to treatment or reduction by the processes and facilities employed; or (2) is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (e) The approving authority shall regulate the flow and concentration of slugs when they may: (1) impair the treatment process; (2) cause damage to collection facilities; (3) incur treatment costs exceeding those for normal wastewater; or (4) render the effluent unfit for stream disposal or industrial use. (f) No person may discharge into public sewers solid or viscous substances which may violate subsection (a) above if present in sufficient quantity or size, including but not limited to: ashes; wood; cinders; unground garbage, sand; whole blood; mud; paunch manure; straw; hair and fleshings; shavings; entrails; metal; paper products, either glass; whole or ground by rags; garbage grinders; feathers; slops; tar; chemical residues; and plastics; paint residues. 11 ,• 1 SETTLEMENT AGREEMENT BETWEEN ATMOS ENERGI' CORP., MID-TEX DIVISION AND ATMOS TEXAS MUNICIPALITIES WHEREAS, this settlement agreement is entered into by Atmos Energy Corp's Mid - Tex Division and Atmos Texas Municipalities ("ATM") whose members include the Cities of Austin, Balch Springs, Bandera, Bartlett, Belton, Blooming Grove, Bryan, Cameron, Cedar Park, Clifton, Commerce, Copperas Cove, Corsicana, Denton, Electra, Fredericksburg, Gatesville, Georgetown, Goldthwaite, Granbury, Greenville, Groesbeck, Hamilton, Heath, Henrietta, Hickory Creek, Hico, Hillsboro, Hutto, Kerens, Lampasas, Leander, Lometa, Longview, Mart, Mexia, Olney, Pflugerville, Point, Ranger, Rice, Riesel, Rockdale, Rockport, Rogers, Round Rock, San Angelo, Sanger, Somerville, Star Harbor, Trinidad, Trophy Club, and Whitney; and W1dEREAS, on March 15, 20I0, Atmos filed with the ATM Cities an application, hereafter referred to as the 2010 RRM filing, to adjust rates pursuant to Rider RRM - Rate Review Mechanism; and WHEREAS, ATM has hired experts and lawyers to analyze the rates proposed by Atmos Energy Corp.'s, Mid -Tex Division ("Atmos" or "Company")in its 2010 RRM filing; and WHEREAS, the Settlement Agreement re. ("the Signatories") regarding the 2010 RRM filing, Cities, in a manner that the Signatories believe is Signatories represent diverse interests; and olves all issues between Atmos and ATM which is currently pending before the ATM consistent with the public interest, and the WHEREAS, the Signatories believe that the resolution of the issues raised in the 2010 RRM filing can best be accomplished by each ATM City approving this Settlement Agreement and the rates, terms and conditions reflected in the tariffs attached to this Settlement Agreement as Exhibit A; NOW, THEREFORE, in consideration of tl�e mutual agreements and covenants established herein, the Signatories, through their undersigned representatives, agree to the following Settlement Terms as a means of fully resolving all issues between the ATM Cities and Atmos involving the 2010 RRM fling: Settlement ?'erms 1. Upon the execution of this Settlement Agreement, Atmos and the counsel for the ATM cities will recommend that an ordinance or resolution be adopted to approve this Settlement Agreement and implement the rates, terms and conditions reflected in the tariffs attached to this Settlement Agreement as Exhibit A. (Attachment A to the Ordinance ratifying this Agreement). Said tariffs should allow Atmos an additional, prospective $27 million in annual revenue by implementation of rates shown in the proof of revenues attached as Exhibit B. (Attachment B to the Ordinance ratifying this Agreement). The uniform implementation of gas rates, terms and conditions established by this Settlement Agreement shall be effective for bills rendered on or after October 1, 2010. 1 2. In an effort to streamline the regulatory review process, Atmos and ATM have agreed to renew the Rate Review Mechanism ("Rider RRM") for a period commencing with the Company's April 1, 2011 filing under this mechanism for the calendar year 2010, effective August 15, 2011, and concluding upon the implementation of new, final rates established pursuant to the general rate case that Atmos will file on or before June 1, 2013. Rider RRM provides for an annual rate adjustment to reflect changes in billing determinants, operating and maintenance expense, depreciation expense, other taxes expense, and revenues as well as changes in capital investment and associated changes in gross revenue related taxes. The revised RRM tariff is included in Exhibit A. 3. Notwithstanding the RRM rate adjustments that will occur pursuant to paragraph 2 of this Settlement Agreement, Atmos and ATM agree that on or before June 1, 2013, Atmos shall file a general, system -wide rate case for the Mi&Tex Division. During the pendency of the general rate case, Atmos and ATM agree that rate adjustments associated with the RRM filing for calendar year 2011 shall be implemented on August 15, 2012, and shall remain in effect until the earlier of either the issuance of a final order by the Railroad Commission of Texas in the general rate case to be filed on or before June 1, 2013, or the entry of an agreed upon order resolving all issues involved in the general rate case. The adjustments made or requested in the 5fh year RRM shall not be considered precedent during the general rate case. 4. Atmos and ATM further agree that for the period commencing Maxch 1, 2010 through September 30, 2012, Atmos will expand its existing steel service line replacement program to complete the replacement of 100,000 steel service lines within its Mid -Tex Division during this period. Atmos and ATM agree that a risk"based approach should be adopted to allow replacement of the highest priority steel service lines within this time period. Atmos agrees to provide the ATM cities with quarterly reports providing the number and location of the lines replaced during the quarter. Atmos agrees to coordinate with ATM member cities to minimize disruption to cities' rights of way without compromising the safety of residents of the cities. 5. Atmos and ATM agree that costs incurred to replace steel service lines prior to October 1, 2010 shall be included in the RRM rate adjustment calculation for the 2010 calendar year, and shall not be subject to or included in the rate cap limitations set forth in subsection IV (a)-(b) of the Rider RRM tariff. 6. Atmos and ATM agree that the projected incremental direct costs incurred to replace steel service lines on or after October 1, 2010 shall be separately identified and shall not be subject to or included in the rate cap limitations set forth in subsection IV (a)- (b) of the Rider RRM tariff, Atmos and ATM further agree that such projected direct incremental costs incurred to replace steel service lines after October 1, 2010, shall be separately calculated and recovered as a discrete component of customer charges in the Company's annual RRM filings as set forth below. a. Atmos and ATM agree that Atmos shall be entitled to separately adjust rates for the Rate Effective Period as defined in the Rider RRM tariff to allow recovery of the projected annual revenue requirement associated with direct incremental costs to be incurred in connection with a steel service line replacement program, that are not otherwise included within the RRM cost of service, including a return on equity of 9.0% within the overall weighted cost of capital applied to net 2 investment (net plant additions, less accumulated depreciation and accumulated deferred income taxes), depreciation expense and applicable taxes, b. Atmos and ATM further agree that the capital structure used to calculate the steel service line replacement rate adjustment will be the actual Evaluation Period (as defined in the Rider RRM tariff) ratio of long-term debt and equity, with an equity percentage not to exceed 50%; c. Rate recovery associated with a steel service line replacement program shall occur through an adjustment to the Residential and Commercial customer charges. Current year recovery factors as of October 1, 2010 shall be $0.15 for residential customers and $0.41 for commercial customers. The rates will be adjusted annually, however, Atmos and ATM agree that in no case will the per customer monthly cost recovery factors attributable to a steel service line replacement program exceed $0.44 for residential customers or $1.22 for commercial customers, either prior to or during the pendency of the general rate case Atmos will file on or before June 1, 2013. d. Atmos and ATM further agree that any per customer amount attributable to cost recovery for a steel service line replacement program shall be subject to review by the regulatory authority in a subsequent Evaluation Period as defined in the Rider RRM tariff and all incremental costs associated with a steel service line replacement program shall be subject to a prudence/reasonableness review in the general rate case to be filed by Atmos on or before June 1, 2013. 7. With respect to the Company's annual RRM filings, Atmos agrees to pay all It reasonable and necessary expenses of each entity having original jurisdiction that are incurred to review the Company's annual RRM filings. Atmos further agrees that in calculating the proposed rate for any Rate Effective Period, the Company shall not include: (1) any external legal, expert, or consultant costs to prepare and/or provide supportive information related to its filing; or (2) reimbursements to original jurisdiction entities. 8. Notwithstanding paragraph 7 of this Settlement Agreement, Atmos and ATM agree that in the event of an appeal of an original jurisdiction entity's decision regarding a proposed RRM adjustment, recovery of rate case expenses shall be determined according to Chapters 103 and 104, TEx. UTIL, CODE ANN. Further, in the event of such appeal(s), Atmos shall recover any reimbursement made to the original jurisdiction entity through a surcharge to all customer rates that are subject to the Commission's jurisdiction in that proceeding or proceedings that might be joined therewith, regardless of whether such reimbursements are made during the initial review period or appeal period. 9. The ATM Cities agree that they will not challenge the legal basis of the rates, terms, and conditions reflected in Exhibit A, or any annual RRM adjustment that is implemented pursuant to Rider RRM. 10. Atmos and the ATM Cities further agree that the express terms of the Rider RRM are supplemental to the filing, notice, regulatory review, or appellate procedural process of the ratemaking provisions of Chapter 104 of the Texas Utilities Code. If the statute 3 requires a mandatory action on behalf of the municipal regulatory authority or Atmos, the parties will follow the provisions of such statute. If the statute allows discretion on behalf of the municipal regulatory authority, the ATM Cities agree that they shall exercise such discretion in such a way as to implement the provisions of the RRM tariff. If Atmos appeals an action or inaction of an ATM City regarding an RRM filing to the Railroad Commission, the ATM Cities agree that they will not oppose the implementation of interim rates or advocate the imposition of a bond by Atmos. consistent with the RRM tariff. Atmos agrees that it will make no filings on behalf of its Mid -Tex division under the provisions of TEx. UTtt., CODE ANN. § 104.301 while the Rider RRM is in place. In the event that a regulatory authority fails to act or enters an adverse decision regarding the proposed annual RRM adjustment, the Railroad Commission of Texas shall, pursuant to the provisions of the Texas Utilities Code, have exclusive appellate jurisdiction to review the action or inaction of the regulatory authority exercising exclusive original jurisdiction over the RRM request. In addition, the Signatories agree that -this Settlement Agreement shall not be construed as a waiver of the ATM Cities' right to initiate a show cause proceeding or the Company's right to file a Statement of Intent under the provisions of the Texas Utilities Code. 11. Atmos and ATM furthex agree that the ordinance or resolution adopting this Settlement Agreement shall include a provision authorizing Atmos to establish regulatory asset account(s) for costs related to working gas in storage. Atmos and ATM further agree that the language authorizing these regulatory asset account(s) shall be the same as that set forth in the 4t" Ordering Paragraph (Page 10 of 11) of the Final Order Nunc Pro Tune issued by Railroad Commission of Texas in GUD No. 9869 on February 23, 2010. This language states as follows. IT IS FURTHER ORDERED that Atmos shall be allowed to establish a regulatory asset for the ad valorem taxes related to working gas in storage. In addition, Atmos shall be allowed to establish a regulatory asset for (1) the costs associated with Accumulated Deferred Income Tax for UNICAP Section 263A, (2) the WACOG to FIFO change, and (3) an amount equal to the rate of return approved in this RRM Proceeding for the Accumulated Deferred Income Tax items related to working gas in storage. Atmos shall record these amounts in Other Regulatory Assets (Account 182.3). These deferred items shall be considered, along with the investment in working gas, for consideration and possible inclusion in rates for Atmos Pipeline -Texas in that entity's next filed rate case. If the Commission determines that such deferred items axe not properly included in the rates of Atmos Pipeline — Texas, the items shall be further deferred until the next Atmos Mid -Tex rate case filed after the final decision in the Atmos Pipeline -Texas rate case for inclusion with the working gas investment in the Atmos Mid -Tex rates. 12. Atmos and ATM agree that each ATM city should approve this Settlement Agreement and adopt an ardinance or resolution to implement fox the ATM Cities the rates, terms, and conditions reflected in the tariffs attached to this Settlement Agreement as Exhibit A, as well as the regulatory asset authorization language discussed in paragraph 12 of this Settlement Agreement. Ll 13. The Signatories agree that the terms of the Settlement Agreement are interdependent and indivisible, and that if any ATM city enters an order that is inconsistent with this Settlement Agreement, then any Signatory may withdraw without being deemed to have waived any procedural right or to have taken any substantive position on any fact or issue by virtue of that Signatory's entry into the Settlement Agreement or its subsequent withdrawal. if any ATM city rejects this Settlement Agreement, then this Settlement Agreement shall be void ab initio and counsel for the ATM Cities shall thereafter only take such actions as are in accordance with the Texas Disciplinary Rules of Professional Conduct. 14. The Signatories agree that all negotiations, discussions and conferences related to the Settlement Agreement are privileged, inadmissible, and not relevant to prove any issues associated with Atmos' 2010 RRM filing. I5. The Signatories agree that neither this Settlement Agreement nor any oral or written statements made during the course of settlement negotiations may be used for any purpose other than as necessary to support the entry by the ATM Cities of an ordinance or resolution implementing this Settlement Agreement. 16. The Signatories agree that this Settlement Agreement is binding on each Signatory only for the purpose of settling the issues set forth herein and for no other purposes, and, except to the extent the Settlement Agreement governs a Signatory's rights and obligations for future periods, this Settlement Agreement shall not be binding or precedential upon a Signatory outside this proceeding. 17. The Signatories agree that this Settlement Agreement may be executed in multiple counterparts and may be filed with facsimile signatures. YA Agreed to this day of August 2010, ATTORNEY FOR ATMOS TEXAS MUNICIPALITIES, WHOSE MEMBERS INCLUDE THE CITIES OF AUSTIN, BALCH SPRINGS, BANDERA, BARTLETT, BELTON, BLOOMING GROVE, BRYAN, CAMERON, CEDAR PARK, CLIFTON, COMMERCE, COPPERAS COVE, CORSICANA, DENTON, ELECTRA, FREDERICKSBURG, GATESVILLE, GEORGETOWN, GOLDTHWAITE, GRANBURY, GREENVILLE, GROESBECK, HAMILTON, HEATH, HENRIETTA, HICKORY CREEK, RICO, HILLSBORO, HUTTO, KERENS, LAMPASAS, LEANDER, LOMETA, LONGVIEW, MART, MEXIA, OLNEY, PFLUGERVILLE, POINT, RANGER, RICE, RIESEL, ROCKDALE, ROCKPORT, ROGERS, ROUND ROCK, SAN ANGELO, SANGER, SOMERVILLE, STAR HARBOR, TRINIDAD, TROPHY CLUB, AND WHITNEY * Subject to approval by ATM City Councils 7 Agreed to this day of August, 2010. ATMOS ENERGY CORP., MID-TEX DIVISION By: President, Mid»Tex Division ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: 1 R — RESIDENTIAL SALES APPLICABLE TO: I All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 1Ulu I12010 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type o#Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: i y t a f .� S 1 ✓ � 5, � T� �� mau�tl. 1 c- n `'r' .j 5}- Customer Charge per Bill $ T 15 per month Commodity Charge — All Mcf $2.5246 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation casts calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Pius or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount far franchise fees calculated in accordance with Rider FF. Rider FF is only applcable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Pius an amount for tax calculated in accordance with Rider TAX, Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. ATMOS ENERGY CORPORATION MID4EX DIVISION RATE SCWEDULEa APPLICABLE TO: EFFECTIVE DATE: C —COMMERCIAL SALES All Cities except the City of Dallas and all unincorporated areas Bills Rendered an or after 10I01/2010 Applica#ion Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Mon#hly Ra#e Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: ��. � ,...� �7 .�..,.._ �.c� .w-:; �«�'u S(��l■a��t .-e.�`..»c^-�� �S� 1� .�.._.. e.�, .>. _.. .1 Spa ._..a .S ..-�..i"� Customer Charge per Bill $ 13.91 per month Commodity Charge - All Mcf $ 1.0796 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part III espectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus .or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise no calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Pius an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service, ATMOS ENERGY CORPORATION 404EX DIVISION RATE SCHEDULE: 11— INDUSTRIAL SALES APPLICABLE TO: I A!! es except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on viafter 10/011or Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: � ' .charge, s , , JA17•�t•7 s aunt rr Customer Charge per Meter $ 4.50.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2750 per MMBtu Next 3,500 MMBtu $ 0.2015 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0433 per MMBtu Gas Cost Recovery: Pius an amount for gas costs and upstream transportation costs calculated in accordance wikh Part {a) and Pars (b), respecftvely, of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX, Surcharges: Pius an amount for surcharges calculated in accordance with the applicable rider{s). Curtailment Overpuil Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." ATMOS ENERGY CORPORATION MID4EX DIVISION RATE SCWEDULE: I I — INDUSTRIAL SALES APPt_tCABLE TO: 1 All Cities except the City of Dallas and ail unincorpora#ed areas EFFECTIVE DATE: � B[Ils Rendered on or after 10101120'10 Replacement Index In the event the "midpoint' or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Specie[ Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. ATMOS ENERGY CORPORATION MIDJEX DIVISION RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO, All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Applica#ion Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. -: Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: � j �Ghar e r Customer Charge per Meter $ 450.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2750 per MMBtu Next 3,500 MMBtu $ 0.2015 per MMBtu All MMBtu over 5,000 MMBtu $ 0,0433 per MMBtu Upstream Transportation Cost Recovery; Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX, Surcharges: Plus an amount for surcharges calculated in accordance with the applicable riders}. lenbalance Fees Ail fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE, T — TRANSPORTATION APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/0112010 Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment OverpuU Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published,. Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: WNA - WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10101/2010 Provisions for Adjustment The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The.Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco,, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one -hundredth cent per Mcf by the following formula: (HSFi x (NDb-ADD} } WNAFi = Ri (HSFi x ADD) ) Where i - any particular Rate Schedule or ng classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Mcf base rate of temperature sensitive sales far the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi - heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. . Bli - base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in'ith rate schedule is computed as: WNAi � WNAF, x qii ATMOS ENERGY CORPORATION MID4EX DIVISION RIDER. WNA - WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE. Bills Rendered on or after 10/01/2010 Where q,i is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising Original Jurisdiction As part of its annual RRM filing the Company will file (a} a copy of each computation of the Weather Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM filing. If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be filed with the entities exercising original jurisdiction shall be filed on March 1 of each year. Weather Stafion Base Use/Heat Use Factors Residentia! Base use Heat use Mrf MrflHnr) Commercial Base use Heat use Mrf fldrf/wnr) Abilene 1:06 .0131 9.03 00588 Austin 1.17 .0138 1939 .0674 Dallas 1.49 .0191 20.37 .0872 Waco 1.13 .0137 11.81 .0610 Wichita Falls 1.19 .0136 11.21 .0549 Sample WNAFi Calculation: .3352 per Mcf = 2.5246 x (1.06 + (.0131 x 17) } Where - Residential Single Block Rate Schedule Ri -- 2.25246 per MCF HSFi - .0131 (Residential -Abilene Area) NDD - 30 HDD (Simple ten-year average of Actual HDD for Abilene Area - 9/15/06 -10/14/06) ADD - 17 NDD (Actual HDD for Abilene Area - 9/15/06--10/14/06) Bli = 1.06 Mcf (Residential -Abilene Area) ATMOS ENERGY CORPORATION M!D-TEX DIVISION RIDER: 1 RRM — RATE REVIEW MECHANISM . APPLIGABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: I Bills Rendered on ar after 10/01/2010 I. Purpose: This mechanism is designed to provide annual earnings Transparency. All rate calculations under this tariff shall be made on a system wide basis. If, through the implementation of the provisions of this mechanism, it is determined that rates should be decreased or increased, then rates will be adjusted accordingly in the manner set forth herein. The rate adjustments implemented under this mechanism will reflect annual changes in the Company's cost of service and rate base. This Rider RRM will be effective for the period commencing with the Company's RRM filing on April 1, 2011, and concluding with the implementation of new, final rates established pursuant to the general rate case that Atmos will file on or before June 1, 2013. Il. Definitions a} The Annua! Evaluatian Date shall be the date the Company will make its annual filing under this mechanism. The Annual Evaluation Date shall be no later than April 1, of each year. This filing shall be effective in electronic form where practicable. b) Audited Financial Data shall mean the Company's books and records related to the Company's ex operating operating area and shared services operations. Audited Financial Data shall not require the schedules and information provided under this tariff to undergo a separate financial audit by an outside auditing firm similar to the Company's annual financial audit. c} The Evaluation Period is defined as the twelve month period ending December 31, of each calendar year. d} The Rate Effective Period is defined as the later of the twelve month period for which rates determined under this mechanism will be in effect or subsequent rates are implemented. e) Per Connection Basis is defined as the existing average number of Mid -Tex active meters to customers during the Evaluation Period. f} Final Order is defined as the most recent order establishing the Company's latest effective rates for the area in which the mechanism is implemented, and shall include municipal rate ordinances and resolutions. III. Rate Review Mechanism The Company shall fife with each regulatory authority having original jurisdiction over the Company's rates the schedules specified below for the Evaluation Period, with the filing to be made by the Annual Evaluation Date following the end of the Evaluation Period. The schedules, which will be based upon the Company's Audited Financial Data, as adjusted, and provided in the same format as Atmos' RRM filing with municipalities on March 15, 2010, will exclude a true -up computation, but will include the following: a) Evaluation Period ending balances for actual gross plant in service, accumulated depreciation, accumulated deferred income taxes, inventory, working capital, and other rate base components will be used for the calculation of rates for the Rate Effective Period. The ratemaking treatments, principles, findings and adjustments included in the Final Order will apply. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash working capital will be calculated using the lead/lag days approved in the Final Order. Accumulated deferred income taxes (ADIT) will be calculated using the methodology used in the Final Order. The RRM Schedules & Information section of this tariff identifies those ADIT components to be included in the calculation of rate base for both the Evaluation Period and Rate Effective Period calculations. ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM — RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas �T EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 b) Depreciation rates booked in the period will be those approved in the Final Order, or the rate most recently approved. All calculation methodologies will be those approved in the Final Order except where noted or included in this tariff, or in the most recent order addressing the methodology. In addition, the Company shall exclude from operating and maintenance expense the discretionary costs to be disallowed from Rider RRM filings listed in the RRM Schedules and Information section of this tariff. c) Return on Equity (ROE) shall be maintained at 9.7%. d) Cosi; of debt will reflect actual cost far the Evaluation Period. Evaluation Period ending balances for cost of debt and capital structure will be used for the calculation of rates for the Rate Effective Period. Capital structure will be the actual Evaluation Period ratio of long-term debt and equity, with percentage equity not to exceed 50%, based on the calculation methodology outcomes used above. e) All applicable accounting adjustments along with all supporting work papers. Such adjustments may Include: 1) Pro -forma adjustments to update and annualize costs and revenue billing determinants for the Rate Effective Period. 2} Pro -forma or other adjustments required to properly account for atypical, unusual, or nonrecurring events recorded during the Evaluation Period. f) Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Evaluation Period, but the methodology used wil! be that approved in the Final Order. g} Any changes to corporate structure or allocation of common costs will include _narrative explanations with the filing. IV. Calculation of Rafe Adjustment a) The Company shall provide additional schedules indicating the following revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order with the exception of any allowance for a true -up component in the April 1, 2011 or the April 1, 2012 RRM filings. Evaluation Period ending balances will be used for the calculation of rates for the Rate Effective Period. These schedules shall identify the rate adjustments necessary for the setting of prospective rates for the Rate Effective Period. The result shall be reflected in the proposed new rates to be established for the Rate Effective Period. In calculating the required rate adjustments, such adjustments will be made pro -ratably to the customer charge and usage charge based upon actual revenue generated, as adjusted under the Company's approved Weather Normalization Adjustment (WNA) Rider. Provided, however, that neither the Residential nor the Commercial customer charges may increase more than 20% per year. b) The Company may also adjust rates for the Rate Effective Period. to include recovery of any known and measurable changes to operating and maintenance costs including, but not limited to, payroll and compensation expense, benefit expense, pension expense, insurance costs, materials and supplies, bad debt costs, medical expense, transportation and building and lease costs for the Rate Effective Period. Provided, however, that adjustments may only be made for costs that are reasonable and necessary. Additionally, utility plant and rate base for the Rate ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM — RATE REVIEW MECHANISM APPLICABLE TO. Ail Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Effective Period will be established by using the Evaluation Period ending balances, including associated changes in depreciation and amortization expense and taxes. In calculating the Company's known and measurable changes for prospective RRM adjustment purposes, the following limitations will apply, on a Per Connection Basis, 1. Operating and Maintenance expenses per connection for the Rate Effective Period cannot increase more than 5% per year without specific identification and justification. Any proposed adjustment above 5% per year, is subject to the provisions of the Evaluation Procedures of this tariff. Such procedures provide that the regulatory authority will review the proposed adjustment and that the Company and regulatory authority will work collaboratively to seek agreement on the proposed adjustments to the Company's schedules and proposed rates. Justification for such expenditures over the cap shall include an event or combination of events beyond the control of the Company. The beginning adjusted Operation and Maintenance expense per connection for the 2007 RRM Evaluation Period will be limited to not exceed $161 million divided by the connections for the period. The increase in adjusted Operation and Maintenance expenses per connection for the 2008 Rate Effective Period and the subsequent Rate Effective periods cannot exceed 5% per year, without specific identification and justification 2. Net plant investment per connection for the Rate Effective Period cannot increase more than 5% per year without specific identification and justification. Any proposed adjustment above 5% per year, is subject to the provisions of the Evaluation Procedures of this tariff, Such procedures provide that the regulatory authority will review the proposed adjustment and that the Company and regulatory authority will work collaboratively to seek agreement on the proposed adjustments to the Company's schedules and proposed rates. However, in performing a cap test to verify compliance, the Company shall exclude any changes in net plant investment associated with federal, state, or local mandates related to safety, compliance, or road moves, including steel service line replacement program costs incurred prior to October 1, 2010. The initial 2008 rate will be set using net plant limited to not exceed [$1,243,607,206 divided by average active meters for the 12 months ended June 30 2007] times 1.025 times the average active meters for calendar year 2007. Subsequent filing calculations of net plant investment will be made using the same method used in the Company's September 20, 2007 Statement of Intent except that Evaluation Period ending balances will be used for net plant in the calculation of rates for the Rate Effective Period. The rate increase limitations set forth in this tariff shall not preclude the Company from recovering any excluded net plant costs during a subsequent Evaluation Period in which the 5% limitation for net plant investment is not reached or in a subsequent Statement of Intent case. To the extent that the Company seeks to recover any excluded net plant costs during a subsequent Evaluation Period in which the 5% limitation for net plant investment is not reached or in a subsequent Statement of Intent case, the Company shall identify these costs as a specific line item in the schedule accompanying the RRM rate adjustment filing. The regulatory authority may disallow any net plant investment that is not shown to be prudently incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions of this tariff shall constitute a finding that such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent Evaluation Period or Statement of Intent filing. ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM -- RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10101/2010 c) Notwithstanding the limitations in subparts IV (a} through (b} of this tariff, the Company shall be entitled to separately adjust rates for the Rate Effective Period to include recovery for direct incremental costs associated with a steel service line replacement program incurred on and after October 1, 2010, a return on equity of 9.0% for such incremental costs as capitalized, depreciation, and applicable taxes. Capital structure will be the actual Evaluation Period ratio of long-term debt and equity, with percentage equity not to exceed 50%, based on the calculation methodology outcomes used above. Rate recovery associated with a steel service line replacement program shall be recovered through the Residential and Commercial customer charges and shall not be subject to or included in the rate increase limitations set forth in IV (a) through (b) of this tariff. Current year recovery, factors are presumed to be $0.15 for residential customers and $0.41 for commercial customers. The rates will be adjusted annually, however, in no case will the per customer monthly cost recovery factors attributable to a steel service line replacement program exceed $0.44 for residential customers or $1.22 for commercial customers, prior to or during the pendency of the Company's next Statement of Intent case. Moreover, the per customer amount attributable to cost recovery for a steel service line replacement program shall be subject to review by the regulatory authority in a subsequent Evaluation Period and all costs associated with a steel service line replacement program will be subject to a prudence/reasonableness review in the Company's next Statement of Intent rate case. d) The Company shall provide a schedule demonstrating the "proof of revenues" relied upon to calculate the proposed rate for the Rate Effective Period. The proposed rates shall conform as closely as is practicable to the revenue allocation principles approved in the Final Order. V. Attestation A sworn statement shall be filed by the Company's Chief Officer in Charge of Mid -Tex Operations affirming that the filed schedules are in compliance with the provisions of this mechanism and are true and correct to the best of his/her knowledge, information and belief. No testimony shall be filed, but a brief narrative explanation shall be provided of any changes to corporate structure or allocation of common costs. VI. Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall have no less than ninety (90) days to review the Company's filed schedules and work papers. The Company will be prepared to provide all supplemental information as may be requested to ensure adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within ten (10) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the schedules into compliance with the above provisions. puring and following the ninety (90) day review period and a thirty (30) day response period, the Company and the regulatory authority will work collaboratively and seek agreement on, the proposed adjustments to the Company's schedule and proposed rates. If agreement has been reached by the Company and the regulatory authority, the regulatory authority shall authorize an increase or decrease to the Company's rates so as to achieve the revenue levels indicated for the Rate Effective Period. If, at the end of the thirty (30) day response period, the Company and the regulatory authority have not reached agreement on the proposed adjustments, the Company shall have the right to appeal the regulatory authority's action or inaction to the Railroad Commission of Texas. Upon the filing of any appeal, the Company shall have the right to implement the proposed RRM rate adjustment, including the adjustment attributable to steel service line replacement program costs, subject to refund. ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM — RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 Rates established pursuan# to the Rate Review Mechanism, if approved as provided herein, shall be effective on August 15 of each year. VII. Reconsideration and Appeal Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103,021, et seq., of the Texas Utilities Code (Vernon 2007). VIEI. Notice Notice of the annual Rate Review Mechanism filing shall be provided pursuanfi to Section 104.103, Tex. UTIL. CODE ANN. no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill far each affected customer; c) the service area or areas in which the proposed rate adjustment would apply; d) the date the proposed rate adjustment was filed with the regulatory authority; and e) the Company's address, telephone number proposed rate adjustment may be obtained. IX. RRM Schedules and Information and website where information concerning the a. Accumulated Deferred Income Tax ("ADIT"} items To Be Recognized in Rate Base The following fist identifies those ADIT components to be included in the calculation of rate base for both the Evaluation Period and Rate Effective Period calculations: Mid -Tex: Gas Plant in Service Insurance Accruals Benefit Accruals Deferred Expense Projects Allowance for Doubtful Accounts Customer Advances UNICAP Section 263A Costs (which shall be removed from Atmos Mid -Tex when these costs are transferred to Atmos Pipeline Texas) Regulatory Asset - Mid Tex Regulatory Liability - Mid -Tex Other Plant SSU -Customer Support: Gas Plant in Service ATMOS ENERGY CORPORATION MID-TEX DIVISION RIDER: RRM — RATE REVIEW MECHANISM APPLICABLE TO: All Cities except the City of Dallas and all unincorporated areas EFFECTIVE DATE: Bills Rendered on or after 10/01/2010 I F SSU -General Office: Gas Plant in Service Insurance Accruals Benefits Accruals Deferred Expense Projects Prepaid Expenses Regulatory Liability - Atmos 109 FAS 115 Adjustment Treasury Lock Adjustment Revenue Agent Report Carryforward Adjustments 1 990-1 985 Tax Net Operating Loss Credit Carryforwards State Bonus Depreciation R & D Credit Valuation Allowance Other Plant b, Discretionary Costs to Be Disallowed from Rider RRM filings The following types of employee reimbursed expenses and directly incurred casts are to be removed from all expense and rate base amounts included within Rider RRM filings for the Evaluation Period and for the Rate Effective Period: Amounts incurred for travel, meals or entertainment of employee spouses. Amounts for air travel that exceed published commercial coach air fares. Amounts incurred for hotel rooms exceeding $250 per night inclusive of taxes and fees assessed on such rooms. Amounts for alcoholic beverages. Amounts paid for admission to entertainment, sports, art or cultural events, and all event sponsorship costs. Amounts for social club dues or fees. ATMOS ENERGY CORP., MID-TEX DIVISIQN AVERAGE BILL COMPARISON- OCTOBER 1, 2010 TEST YEAR ENDING DECEMBER 31, 2009 Line 1 Rate R A 4.6 Me 2 Customer charge 3 Consumption charge 4 Rider GCR Part A 5 Rider GCR Part e 6 7 Subtotal B Rider FF & Rider TAX 9 Total 10 11 Customercharge 12 Consumption charge 13 Rider GCR Part A 14 Rider GCR Part B 15 16 Subtotal 17 Revenue -related Tax Reimbursement 18 Total 19 20 21 Rate C LED 34.2 Me 22 Customercharge 23 Consumption charge 24 Rider GCRPan A 26 Rider GCR Part B 26 27 28 Subtotal 29 Ravenue-related Tax Reimbursement 30 Total 31 32 Customercharge 33 Consumption charge 34 Rider GCR Part A 35 Rider GCR Part B 36 37 Subtotal 38 Revenue-retatedTax Reimbursement 39 Total 40 41 Rate f (dt 3467 MMBTU 42 Customer charge 43 Consumption charge 44 Consumption charge 45 Consumption charge 46 Rider GCR Part A 47 Rider GCR Pan B 48 49 Subtotal 50 Revenue related lax Reimbursement 51 Total 52 53 Customercharge 54 Consumption charge 55 Consumption charge 56 Consumption charge 57 Rider GCR PartA 68 Rider GCRPart B 59 Subtotal 60 Revenue -related Tax Reimbursement 61 Total 62 63 Rate T (ffi 3467 MMBTU 64 Customer charge 65 Consumption charge 66 Consumption charge 67 Consumption charge 68 Rider GCR Pan B 69 70 Subtotal 71 ftevenue•relaledTax Reimbursemeni 72 Total 73 74 Customercharge 75 Consumption charge 78 Consumption charge 77 Consumption charge 78 Rider GCR Part B 79 Subtotal 80 Revenue•related Tax Reimbursement 81 Total OCTOBER 1, 2810 CURRENT PROPOSED CHANGE S 7.00 4.5 MCF X $2,2707 = 10.31 4.5 MCF X $4,6303 = 21,03 4.5 MCF X $0.6611 = 3.00 $ 41.34 $41,34 X 0,07477 = 3,09 $44,43 $7.15 4,5 MCF X $2.5246 11,46 4.5 MCF X $4.6303 = 21,03 4,5 MCF X $0,6611 = 3,00 $42.64 $42,64 X 0,07477 = 3.19 $45.83 $1,40 3,15% CURRENT PROPOSED CHANGE $13.50 3d.2 MCF X $0,9877 = 33.82 34.2 MCF X $4.6303 = 158,67 34.2 MCF X $0.5542 = 18.98 91 $224.87 $224.87 X 0,07477 = 16.81 $241,69 333.91 34.2 MCF X $1.079$ = $6,97 34.2 MCF X S4.6303 = 158,57 34.2 MCF X $0.5542 = 18,98 $228.43 X 1,500 MMBTU X 1,957 MMBTU X 0 MMBTU X 3,457 MMBTU X 3,457 MMBTU X $18,246,23 X 0.07477 = CURRENT 5425.00 $0.2583 = 387.45 50.1864 = 368,69 $0,0404 = 0.00 54.6303 = 16,006.67 50.3682 = 1,058.42 $18,246.23 0.07477 = 1,384.20 519,610.43 1,500 MMBTU X 50.2750 = 1,957 MMBTU X 50,2015 = 0 MtABTU X 30.0433 = 3,467 MMBTU X $4.6303 = 3,457 MMBTU X $0.3062 = $18,321.91 X 0.07477 = 1,500 MMBTU X 1,957 MMBTU X 0 MMBTU X 3,457 MM87U X 2,239.56 X CURRENT $425.00 $0.2583 = 387.45 $O.t884 = 368.69 50.0404 = 0.00 $0.3062 = 1,058.42 $ 2,239.56 0.07477 = 167.44 $2.407.00 1,500 MMBTU X 50,2750 = 1,957 MMBTU X 50.2016 = 0 MM67U X 50.0433 = 3,4fi7 MMBTU X 50,3062 = $2,315,24 X 0,07477 = S450.00 412.51 394,31 0.00 16,006.67 1,058.42 $18,321.91 1,369.86 $19,691,77 $81,34 0,41% PROPOSED CHANGE S4SO.Q0 $25.00 412.51 $25.06 394.31 $25.62 0.00 1,058.42 $2,315.24 173,10 $2,486.34 $81,34 y 3.38% ATMOS ENERGY CORP., MID-TEX DIVISION SUMMARY OF CURRENT AND PROPOSED RATE STRUCTURE TEST YEAR ENDING DECEMBER 31, 2009 (2010 RRM SETTLEMENT INCI. ST SVCS RECOVERY) Proposed Line (Beginning No. Description Current Oct 1) Billing Units (a) (b) (d) 1 Rate R 2 Customer Charge per month $7.00 $7,15 17,2871740 3 4 Consumption Charge per MCF $242647 $245246 5 2008 RRM True -up per MCF $0.0000 $0.0000 6 2009 RRM True -up per MCF $0,0060 060000 7 Total Consumption Charge per MCF $202707 $296246 78,600,000 8 Rate C 9 Customer Charge per month $13.50 $13.91 11445,436 10 11 Consumption Charge per MCF $0.9825 $100796 12 2008 RRM True -up per MCF $0.0000 $040000 13 2009 RRM True -up per MCF $000052 0.0000 14 Total Consumption Charge per MCF $0.9877 $1.0796 49,500,000 15 Rate I & T 16 Customer Charge per month $425600 $4%00 10,985 17 18 Consumption Charge per MMBTU: 19 First 1,500 MMBTU $0.2496 $02750 20 Next 3,500 MMBTU $0,1820 $042015 21 Over 5,000 MMBTU $040390 $0.0433 22 2008 RRM True -up per MMBTU: 23 First 1,600 MMBTU $0.0087 $0.0000 24 Next 3,500 MMBTU $0.0064 $0,0000 25 Over 5,000 MMBTU $0.0014 $0,0000 26 2009 RRM True -up per MMBTU: 27 First 1,600 MMBTU $0.0000 $040000 28 Next 3,500 MMBTU $0.0000 $040000 29 Over 5,000 MMBTU $0.0000 $0.0000 30 Total Consumption Charge per MMBTU 31 First 1,500 MMBTU $092583 $02750 101597,655 32 Next 3,500 MMBTU $0.1884 $0.2015 10,791,216 33 Over 5,000 MMBTU $0.0404 $0.0433 16,5851623 ATMOS ENERGY CORP., MID-TEX DIVISION CUSTOMER IMPACT OF PROPOSED RATES COMPARED TO CURRENT RATES TEST YEAR ENDING DECEMBER 31, 2009 (2010 RRM SETTLEMENT PROPOSAL) Line Prospective No. Description Rate Increase 1 Rate R 2 Consumption Charge per MCF 3 Change from Current Rate $042539 4 Billing Units for Specified Period 78,500,000 5 Total Change in Base Revenue $191934,212 6 Associated Revenue Taxes $1 AW401 7 Total Rate Impact $21,424,613 8 Number of Bills for Specified Period 171287,740 9 Average Impact per Bill $124 10 Rate C 11 Consumption Charge per MCF 12 Change from Current Rate $0,0919 13 Billing Units for Specified Period 4%500,000 14 Total Change In Base Revenue $4,547,060 15 Associated Revenue Taxes 33$ 9,966 16 Total Rate Impact $4,887,026 17 Number of Bills for Specified Period 11445,436 18 Average Impact per Bill $3.38 19 Rates I&T - Customer Charge 20 Customer Charge 21 Change from Current Rate $25.00 22 Billing Units for Specified Period 10,985 23 Total Change in Base Revenue $274,625 24 Associated Revenue Taxes $20,633 25 Total Rate Impact $295,157,61 26 Rates I&T -1st block 27 Consumption Charge per MCF 28 Change from Current Rate $0.0167 29 Billing Units for Specified Period 10,5971655 30 Total Change in Base Revenue $177,031 31 Associated Revenue Taxes 1$ 3,236 32 Total Rate Impact $190,266 33 Rates I&T - 2nd block 34 Consumption Charge per MCF 35 Change from Current Rate $0.0131 36 Billing Units for Specified Period 10,791,216 37 Total Change in Base Revenue $141,297 38 Associated Revenue Taxes $10,564 39 Total Rate Impact $151,862 40 Rates I&T - 3rd block 41 Consumption Charge per MCF 42 Change from Current Rate $0.0029 43 Billing Units for Specified Period 16,5850623 44 Total Change in Base Revenue $47,655 45 Associated Revenue Taxes $3,563 46 Total Rate Impact $51,218 47 Rates i&T - Total 48 Total Rate Impact $688,504 49 Number of Bills for Specified Period 10,985 50 Average Impact per Bill $62,68 51 52 Total Change in Base Revenue $26,121,880 53 Total Rate Impact (Inc. Rev. Taxes) $27,000,142 ATMOS ENERGY CORP., MID-TEX DIV1510N CUSTOMER IMPACT OF PROPOSED RATES COMPARED TO CURRENT RATES (STEEL SERVICE REPLACEMENT PROGRAM) Line prospective No. Description Rate increase (a) (b) 1 Rate R 2 Monthly Customer Charge 3 Change from Current Rate $0.15 4 Billing Units for Specified Period 17,287,740 5 Total Change in Base Revenue $2,593,161 6 Associated Revenue Taxes $193,880 7 Total Rate Impact $2,787,041 8 Number of Bills for Specified Period 17,287,740 9 Average Impact per Bill $0416 10 Rate C 11 Monthly Customer Charge 12 Change from Current Rate $0.41 13 Billing Units for Specified Period 11445,436 14 Total Change in Base Revenue $592,629 15 Associated Revenue Taxes 44 308 16 Total Rate Impact $636,937 17 Number of Bills for Specified Period 1,445,436 18 Average Impact per Bill $0.44 19 20 Total Change in Base Revenue $3,185,790 21 Total Rate Impact (Inc. _Rev. Taxes) $3,423,979 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 SANGER PUBLIC LIBRARY MONTHLY REPORT AUGUST 2010 Submitted by Victoria Elieson HIGHLIGHTS: Completed the Performance report for the Loan Star Grant. This year the grant was used for air conditioner replacement, a performer for the Summer Reading Club and a staff computer. ADMINISTRATION: The Long Range Plan was submitted to the City Council for approval. Planned fall and winter Storytime themes. Meetings attended: Library Board, 8/9 Friends of the Library, 8/17 North Texas Library Consortium, 8/26, called in to Fort Worth meeting CIRCULATION: Exchanged 25 audiobooks, videotapes and DVDs with Little Elm. This exchange will last until February of 2011. All the other libraries in the rotation have dropped out. COLLECTION: Continued the annual inventory. So far the inventory has revealed that the records of about 15 items didn't transfer to the new system. Those items have been recataloged. PROGRAMS: A gaming tournament attracted 33 people to the three sessions. Needlework workshops were held twice. Both adults and teens attended. AUGUST 2010 STATISTICS 2009 2010 BORROWER CARDS Last Month 3918 3300 New Cards 53 61 Cards withdrawn 3 0 Cards reactivated 10 46 TOTAL 3978 3407 CIRCULATION Nonfiction 455 461 Fiction 846 884 Junior Fiction 259 279 Children's Books 645 513 Leased Books 182 182 Interlibrary Loan 29 12 Spanish Materials 5 6 Audio Books 144 109 Music CDs 67 22 Video Materials 846 981 Equipment 23 19 from other libraries 180 TOTAL CIRCULATION 3501 3648 to other libraries 62 INTERNET USERS 1165 996 PROGRAMS Teen Programs 3 3 Teens Attending 30 27 Adults Attending 3 2 Other Programs 4 2 Number Attending 31 16 VOLUNTEERS Number of Adults 9 10 Number of Juniors 6 2 Number of Hours 90 117 COLLECTION Books 15487 15706 Leased Books 184 180 Paperback Fiction 2513 2525 Audio Books 608 612 Music CDs 388 406 CD-ROM 197 196 Videocassettes 905 946 DVD 589 730 Microfilm 79 79 Equipment 4 4 TOTAL COLLECTION 20954 21384 REVENUE Fines $242.90 $183.04 Copies $117.95 $117.91 ILL Postage $45.07 $10.63 New Cards $2.50 $9.50 Lost Materials $30.91 40.46 TOTAL $439,33 $320,62 ge To: Mayor and Council From: Mike Brice, City Manager Date: 9/14/2010 Re: Animal control Update Work on the shelter is progressing nicely and should be substantially complete by next week. The only unknown at this point is when the new kennels will arrive. Once all work is complete and the shelter is again open we would like to have an open house so people can see the improvements that have been made. We have also asked the State to conduct an inspection of the shelter once it reopens to ensure that we are in complete compliance. As I have stated before, mere compliance with state statutes is not sufficient. I believe we need to do a much better job with adoptions. To that end, I met with the Noah's Ark board on Sept. 13`h. We are still in discussion on partnering with them. Appointment of the advisory committee is on tonight's agenda. We will schedule their first meeting shortly so they can begin their work. 1 Sanger Code of Ordinances nurx somas; (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1909) Sec. 13.2110 Compliance With Existing Authority (a) Unless exception is granted by the approving authority, the public sanitary sewer system shall be used by all persons discharging: (1) wastewater; (2) industrial waste; and (3) polluted liquids. (b) Unless authorized by the Texas Department of Water Resources, no person may deposit or discharge any waste included in subsection (a) above on public or private property or into or adjacent to any: (1) natural outlet; (2) watercourse; (3) storm sewer; or (4) other area within the jurisdiction of the city. (c) The approving authority shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state and local governments. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1910) Sec. 13.2111 Approving Authority Requirements (a) If discharges or proposed discharges to public sewers may: (1) deleteriously affect wastewater facilities, processes, equipment or receiving waters; (2) create a hazard to life or health, or create a public nuisance, the approving authority shall require: (A) pretreatment to an acceptable condition for discharge to the public Sager Code of Ordinances sewers; (B) control over the quantities and rates of discharge; and (C) payment to cover the cost of handling and treating the wastes. (b) The approving authority is entitled to determine whether a discharge or proposed discharge is included under subsection (a) above. (c) The approving authority shall reject wastes when it determines that a discharge or proposed discharge does not meet the requirements of subsection (a) above. (1992 Code of Ordinances, Chapter 115 Article 11.1900, Section 11.1911) Sec. 13.2112 Approving Authority Review and Approval (a) If pretreatment or control is required, the approving authority shall review and approve design and installation of equipment and processes. (b) The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances and other laws. (c) Any person responsible for discharges requiring pretreatment, flow equalizing or other facilities shall provide and maintain the facilities in effective operating condition at his or her own expense. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1912) Sec. 13.2113 Requirements for Traps (a) Discharges requiring a trap include. (1) grease or waste containing grease in amounts that will impede or stop the flow in the public sewers; (3) sand; (4) flammable wastes; and (5) other harmful ingredients. (b) Any person responsible for discharges requiring a trap shall at his or her own expense and as required by the approving authority: Sanger Code of Ordinances (1) provide equipment and facilities of a type and capacity approved by the approving authority; (2) locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and (3) maintain the trap in effective operating condition. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1913) Sec. 13.2114 Requirements for Building Sewers Any person responsible for discharges through a building sever carrying industrial wastes shall at his own expense and as required by the approving authority: (1) install an accessible control manhole; (2) install meters and other appurtenances to facilitate observation sampling and measurement of the waste; (3) install safety equipment and facilities (ventilation, steps...) where needed; and (4) maintain the equipment and facilities. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1914) Sec. 13.2115 Sampling and Testing (a) Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage works and determining the existence of hazards to health, life, limb and property. NOTE: The particular analysis involved will determine whether a twenty-four (24) hour composite sample from all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, B.O.D. and suspended solids analyses are obtained from 24-hour composites of all outfalls. Where applicable, 16-hour, 8-hour or some other period may be required. Periodic grab samples are used to determine pH, oil and grease. (b) Examination and analyses of the characteristics of water and wastes required by this section shall be: Sanger Code of Ordinances (1) conducted in accordance with the latest edition of "Standards and Methods, and (2) determined from suitable samples taken at the control manhole provided or other control paint authorized by the approving authority. (c) B.O.D. and suspended solids shall be determined from composite sampling, except to detect unauthorized discharges. (d) The approving authority shall determine which users or classes of users may conh•ibute wastewater which is of greater strength than normal domestic wastewater. All users or classes of users so identified shall be sampled for flow B.O.D., TSS and pH at least annually. (e) City may select an independent firm or laboratory to determine flow, B.O.D. and suspended solids if necessary. Flow may alternately be determined by water measurements if no other flow is available and no other source of raw water is used. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1915) Sec. 13.2116 User Charge System (a) Persons making discharges of industrial waste into the City of Sanger system shall pay a charge to cover all cost of collection and treatment. (b) When discharges of any waste into the City of Sanger system are approved by the approving authority, the city or its authorized representative shall enter into an agreement or arrangement providing. (1) terms of acceptance by the city; (2) payment by the person making the discharge, in accordance with the user charge system as established in subsection (e) below; (3) sewer connection procedures and requirements shall be in accordance with the "Uniform Plumbing Code" as promulgated by the International Association of Plumbing and Mechanical Officials, (4) a sewer application approved with connection fee paid; and (5) construction of sewer connections shall be approved by city inspectors prior to sewer use. Sanger Code of Ordinances (c) Each user of the wastewater treatment system will be notified at least annually, in conjunction with a regular sewer bill, of the rate and that portion of user charges or ad valorem taxes which are attributable to the operation and maintenance of the wastewater treatment (d) The city will apply excess revenues collected from a class of users to the cost of operation and maintenance attributable to that class for the next year and adjust the rates accordingly. (e) User Charge S_ sue. The charges are as set forth in the fee schedule in the appendix of this code. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1916) Sec. 13.2117 Savings Clause A person discharging wastes into public sewers prior to the effective date of this article may continue without penalty so long as he: (1) does not increase the quantity or decrease the quality of discharge without permission of the approving authority; (2) has discharged the waste at least six (6) months prior to the effective date of this article; and (3) applies for and is granted a permit no later than one hundred -twenty (120) days after the effective date of this article. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1917) Sec. 13.2118 Conditions of Permits (a) The city may grant a permit to discharge to persons meeting all requirements of the savings clause provided that the persons: (1) submit an application within ninety (90) days after the effective date of this article on forms supplied by the approving authority; (2) secure approval by the approving authority of plans and specifications for the facilities when required; (3) has complied with all requirements for agreements or arrangements including, but not Sanger Code of Ordinances limited to provisions for: (A) payment of charges; (B) installation and operation of the facilities and of pretreatment facilities, if required; and (C) sampling and analysis to determine quantity and strength when directed by the city; and (4) provides a sampling point, when requested by the city, subject to the provisions of this article and approval of the approving authority. (b) A person applying for a new discharge shall: (1) meet all conditions of subsection (a) above; and (2) secure a permit prior to discharging any waste. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1918) Sec. 13.2119 Power to Enter Property (a) The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this article. (b) Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security and fire protection. (c) Except when caused by negligence or failure of persons) to maintain safe conditions, the city shall indemnify the persons) against loss or damage to their property by city employees and against liability claims and demands for personal injury or property damage asserted against the persons) and growing out of the sampling operation. (d) The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the proposes of: (1) inspection, observation, measurement, sampling or repair; Sanger Code of Ordinances (2) maintenance of any portion of the sewerage system lying within the easements, (3) conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property involved. (e) No person acting under authority of this provision may inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers. (1992 Code of Ordinances, Chapter 11, Article 11.1900, Section 11.1919) Sec. 13.2120 Authority to Disconnect Service (a) The city may terminate water and wastewater disposal service and disconnect a customer from the system when: (1) acids or chemicals which may damage the sewer lines or treatment process are released to the sewer; potentially causing accelerated deterioration of these structures or interfering with proper conveyance and treatment of wastewater, (2) a governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the city's system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment; or (3) the customer: (A) discharges waste or wastewater that is in violation of the permit issued by the approving (Authority; (B) discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system; (C) fails to pay monthly bills for water and sanitary sewer services when due; or (D) repeats a discharge of prohibited wastes to public sewers in violation of Sections 13.2102 through 13.2109 of this article as stated above. (b) If service is discontinued pursuant to (a)(2) above, the city shall: Sanger Code of Ordinances (1) disconnect the customer; (2) supply the customer with the governmental agency's report and provide the customer with all pertinent information. (1992 Code of Ordinances, Chapter 11, Article 11:1900, Sec. 11.1920) Sec.13.2121 Notice The city shall serve persons discharging in violation of this article with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance. (1992 Code of Ordinances, Chapter 11, Article 11.2000, Section 11.2021) Sec. 13.2122 Continuing Prohibiting Discharges No person may continue discharging in violation of this article beyond the time limit provided in the notice. (1992 Code of Ordinances, Chapter 11, Article 11.2000, Section 11.2022) Sec. 13.2123 Failure to Pay In addition to sanctions provided for by this article, the city is entitled to exercise sanctions provided for by the other ordinances of the city for failure to pay the bill for water and sanitary sewer service when due. (1992 Code of Ordinances, Chapter 11, Article 11.2000, Section 1192023) Sec. 13.2124 Penalty for Criminal Mischief The city may pm•sue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person negligently, willfirlly or maliciously causing loss by tampering with or destroying public sewers or treatment facilities. (1992 Code of Ordinances, Chapter 11, Article 11.2000, Section 11.2024) COUNCIL AGENDA ITEM AGENDA TYPE 9 Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Lj Yes ❑ Not Applicable Council Meeting Date: September 20, 2010 Submitted By: Tami Taber City Manager Reviewed/Approval Initials Date ACTION REQUESTED: EORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Acton Approving Ordinance #09-1640 - Adopting Budget for Fiscal Year 2010/2011 Providing for the Appropriation of Funds for Operating and Capital Expenditures for the Fiscal Year Beginning October 1, 2010 and Ending September 30, 2011. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: Budget workshop and public hearing on budget. ORDINANCE NO. #094640 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADOPTING THE `UDGET PROVIDING FOR THE APPROPRIATION OF FUNDS FOR OPPERATING AND CAPITAL EXPENDITURES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 309 2011 AND PROVIDING FOR THE INTRA AND INTER DEPARTMENT AND FUND TRANSFERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the laws of the State of Texas and the City Charter, the budget covering proposed expenditures for the fiscal year beginning October 1, 2010 and ending September 30, 2011 was filed with the City Secretary, and WHEREAS, budget workshops were conducted by the City Council on the proposed budget at which time the proposed budget was fully considered; and WHEREAS, in accordance with the provisions of the City Charter and the Local Government Code, the City Council of the City of Sanger, Texas published notice of and conducted a public hearing on the budget on September 7, 2010. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION l: That the City Council adopts the budget for the City of Sanger, Texas, a copy of which is on file in the office of the City Secretary and which hereinafter referred to as the "Budget" for the fiscal year beginning October 1, 2010 and ending September 30, 2011. SECTION 2: That the budget presented by the City Council and reviewed during the public hearing is a.reby approved and adopted for the fiscal year 2010-2011. General Fund $4,525,078.98 Enterprise Fund $9,979,336.39 Debt Fund $ 695,050.00 SECTION 3: That the City Manager or his designee is authorized to invest any fiends not needed for current use, whether operating fiends or bond funds, in the United States Treasury bills, savings accounts or certificates of deposit. Accrued interest from such investments may be deposited in the General Fund, all of which investments shall be in accordance with the law. SECTION 4: That the City Manager be authorized to make intra and inter department fund transfers during the fiscal year as becomes necessary in order to avoid over expenditure of any departments total budget. SECTION 5: This ordinance is effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED, this 20th day of September 2010. ATTEST: `ami Taber City Secretary Thomas Muir Mayor COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes ❑ Not Applicable Ll Yes Ll Not Applicable Council Meeting Date: September 20, 2010 Submitted By: Tami Taber City Manager Reviewed/Approval Initials Date 1 �I--� U ACTION REQUESTED: ®ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Approving Ordinance #094740 - Levying and Adopting the Tax Rate for the 2010-2011 Fiscal Year. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This year's effective tax rate is $0.633049/$100 valuation. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: Budget workshop and public hearing on budget. ORDINANCE NO. #094740 AN ORDINANCE OF THE CITY OF SANGER, DEN ON COUNTY, TEXAS, LEVYING A TAX RATE FOR THE GENERAL GOVERNMENT FOR THE YEAR 2010-2011 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sanger finds that a tax rate of $0.633049 per 'D valuation for the year 2010-2011, hereinafter levied for current expenses of the City and general improvements of the City and its property, must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, all statutory and constitutional requirements for the levy and assessment of ad valorem taxes have been completed in due and correct time and all requirements of the Sanger Charter have been met; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1: That the City Council does hereby levy and adopt the tax rate on $100 assessed valuation for the City for maintenance and operation of the City government for the tax year 2010-2011 as follows: 0.439418/$100 SECTION 2: That the City Council does hereby levy and adopt the tax rate on $100 assessed valuation for the City for debt service for City government for the tax year 2010-201.1 as follows: 0.193631/$100 SECTION 3: This ordinance is effective upon its adoption. PASSED, APPROVED AND ADOPTED, this 20th day of September 2010. ATTEST: Tami Taber City Secretary Thomas Muir Mayor .(Age� �xEns COUNCIL AGENDA ITEM AGENDA TYPE :Q Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable LJ Yes LJ Not Applicable Council Meeting Date: September 20, 2010 Submitted By: Tami Taber City Manager Reviewed/Approval Initials Date --1 -� ACTION REQUESTED: MORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Approving Ordinance #09-18-10 - to Approve the 2010 Tax Rolls. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE [:]REVENUE ❑CI P []BUDGETED []NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE, FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The approval of the tax roll is an annual process required by the Texas Property Tax Code. The roll is calculated by taking the 2010 Certified Appraisal Roll and applying the 2010 adopted tax rate. The approval of the tax roll will enable Denton County to mail tax bills for the City of Sanger in October 2010. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: ORDINANCE NO. M94840 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, APPROVING THE 2010 TAX ROLLS AND PROVIDING AN EFFECTIVE DATE$ THE COUNCIL OF THE CITY OF SANGER HEREBY ORDAINS: SECTION 1: The City Council hereby approves the 2010 tax rolls of the City of Sanger, Texas, as certified by the Appraisal Review Board of the Denton Central Appraisal District, which, with amounts of tax as approved by the governing body, will result in a tax levy in the amount of $2,247,816 based on the Certified Appraisal Roll. SECTION 2: This ordinance is effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED, this 20th day of September• 2010. ATTEST: Tami Taber City Secretary Thomas Muir Mayor COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable Yes Not Applicable Council Meeting Date: September 20, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: [:]ORDINANCE❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss, and Possibly Act on Appointing the Following Members to the Animal Advisory Committee. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Eleven applications were received from parties interested in serving on the Animal Advisory Committee. After review by the Mayor and City Manager the following people are recommended for appointment: Dr. Lee Goodman, DVM.; Mr. Bobby Swan; Patricia Barrington; Cheryl Frame; Anthony Dodson, Shelter Representative; Tami Taber, City Representative. All members will serve at the Leasure of the Council until bylaws are adopted outlining terms. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: • Board Applications Prior Action/Review by Council, Boards, Commissions or Other Agencies: lie Pia, 0[ i p 2 010 BOARD AND CONIMI SKIN AV LIUATION NAME_ % � � �l cF1/O ADDRESS, Zo e o 1'v;1;& �`"�- / ` w;z 6 HGME FHCINE: 7BUINESS PHONE; - CEI_L PHONE: EMAIL: OCt;tfPATI()N: (If reiireci; describe forI occupation or profusion) 1 PRIOe SERVICE ON A CITY SOARDICOMMISSION? YES PJO IF YES, PLEASE DESCRIBE: PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 't FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK A Y BOARDICOMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT_ _. _ _. __ .. HISTORIC PRESERVATION cOMM18*51ON _ --- — KEEP SANGER BEAUTIFUL BOARD IF I IF IF LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION _4A_BOARR ------ 4B BOARDD Con <� . 01HER /q%_— LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S). 1 30� ywrS Il GeV %1/1 Ci 1� y ��� J�� 62- v�a�?���so/v� 1` fs�c�2il�2Gc r'cUY( fliOZ04 41 Do you understand that attendance and active support is required for each appointee e JrYas d No Signature: Qate:---- RETURN COMPLETED APPLICATION TO: office of (he City Secretary City•of Sanger _ .. . _ POBo�c 1729 r5b2 Elm StreetIF _ _ ,.: _ - -I -Sanger; Texas 76266 - cF ;.,, _. '.-Thisinfomafian:vtii!fbsr►1�.�.pubi/C,record. P93 2010 BOARD AND .COMMISSION APPLICATION NAME: c: A) t ) ADDRESS: 0`.7 t)' HOME PHONE: ��-� . -� EMAIL: OCCUPATION: (If retired, describe former occupation or profegsion) ^{ r -�: i% �'r')'l i, � f _ >t'1 i ��1 t�! � ` } � `� •- J i �v GL f GE('# 4 �,7v(7 `� I ►�!� ; �— E1 � PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES CN 0) IF YES, PLEASE DESCRIBE: 1 PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC., LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD OTHER 4jvj"yrftL oTL:) 5oV t)D tL LIST QUALIFICATIONS INCLUDING PROFESSI AL AND/OR COMMUNITY ACTIVITIES THAT . MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): V. i L.i'V IN ��NG�R- 5tilc�' I°�? i �gnJ 2 ��2E ?I�t tSy�. -5. r+�M) J PA'I'm c5R)Ar eer)A6C Owned bims/te55 0 NC(� INVI5Ib1e.Cei1cf? c69Grz.ORL (A e Cu((P,4 (30ACd (�A1'kW3V,lf� (X n104 i>rtpGt}t',>J� - ,eabie, Do you understand that attendance and active support is required for each appointee? Yes ❑ No Signature: r Date: 6 4 r �� RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. 17 10. 01 : 34p p.1 2010 BOARD AND COMMISSION APPLICATION NAME: rr rr DATE: '-LCL ADDRESS: ' 2 L �I HOME PHONE: BUSINESS PHONE: CELL PHONE: EMAIL: OCCUPATION: (If retired, describe former occupation or profession) 1 (l i l lcf " vlic a e i n �� �n- r4 PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES NO J IF YES, PLEASE DESCRIBE: i i 1 PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERES FED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC., LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDEREE FOR, BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD OTHERhu I YrLaJ brvtrL)I LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/ORtOMI UNITY ACTIVITIES THAT MAKE YOU A GOOD CANLDIDATE�1 FOR THE ABOVE POSITION(S): �j�U'�j �DY%d i/'i dens�, G�/ �K����[ e e. f'r� �l� l "s ea-"tj <� fra �C i�t shlb r'j'ICIf'1da� rdaC Od 10 Ail i/Y/Cl " l . Do you understand that attendance and active support is required foreach appointee?,ZYes 0 No Signature: Date; gl file D, RETURN eOMPLETED APPLICATION O: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger; Texas 76266 This information will become a public recoid P95 2010 BOARD AND COMMISSION APPLICATION met NAME: r {� U fr V1 c DATE: c5 ADDRESS: 1 u h C`� l�hl HOME PHONE: BUSINESS PHONE: CELL PHONE: EMAIL: OCCUPATION: (If retired, describe former occupation or profession) (1wGtic� r_ �c��r+ rter CA ar te, s n ,(3L 1,919 .S d rc r rnti { a PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES ` 00 IF YES, PLEASE DESCRIBE: PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC., LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD OTHER Il i ' © r LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): r- 1�. Do you understand that attendance and active support is required for each appointee? ❑ Yes ❑ No Signature:0//Luf Date: RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. August 1, 20T0 Sanger animal control 201 Bolivar St. Sanger, TX. 76266 Anthony, I would like a position on your animal advisory board for Sanger animal control. I have been involved in the animal welfare for over 10 years. I have worked in 2 different veterinarian clinics, a horse breeding farm and as a certified animal control. I currently am employed by Noah's ark animal shelter as the executive director. I have worked as a volunteer for DFW lab rescue I held 2 different board positions. I am currently involved with Flower mound humane society as a volunteer. I am a member of several group lists for rescue groups and over the years have built good working relationship with many of the animal rescue groups for domestic animals as well as exotic and wildlife rehabbers. I have attended classes on animal sheltering, adoptions, and animal assessments. I am in certified euthanasia an ACO Il. If you have any question or need copies of any of my certification please don't hesitate to call or email me. Debbie Lhotka cell work P97 2010 BOARD AND COMMISSION APPLICATION NAME: —'� DATE: /X �c o ADDRESS: HOME PHONE: BUSINESS PHONE: CELL PHONE: EMAIL: ( OCCUPATION: (if retired, describe former occupation or profession) PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES IF YES, PLEASE DESCRIBE: PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD OTHER LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): Do you understand that attendance and active support is required for each appointee? ❑ Yes ❑ No Signature: Q f�jN j � 01 Date: �b RETURN CONMPLETED APPLICATION T Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. 2010 BOARD AND COMMISSION APPLICATION NAME: now DATE:- �C - .b ADDRESS: C - HOME PHONE: BUSINESS PHONE: �� CELL PHONE: � _ ���� EMAIL: OCCUPATION: (If retired, describe former occupation or profession) PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES NO IF YES, PLEASE DESCRIBE: , PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD OTHER aj.� Q&, > LIST QUALIFICATIONS INCLUDING PROFESSIONAL(AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): 0%�� Do you understand that attendance and active support is required for each appointee?#Yes ❑ No Signa ' e:it 11'� Date: RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. NJ °_ 2010 BOARD AND COMMISSION APPLICATION NAME:2 Dw / ADDRESS: q9 L4D L� Suwl 'Pd Sa ,er' I �� 45, 4 HOME PHONE: EMAIL: OCC�jPATION: (If retired, describe former occupation or profession)) c�l�gl�ti/ V PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES NO IF YES, PLEASE DESCRIBE: PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD OTHER LIST QUALIFICATIONS INCLUDING PRatESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): Y,sf a8 t-s �4n,�� S Q kLf Olegg/a u ; �� ! Qss is «Ci?�•��� 1l ,� for Q Yes ❑ No Do you urf/derstand that attendance and active support is rfequired each appointee? Signature: e,`dC..- Date: RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. ' it 2010 BOARD AND COMMISSION APPLICATION NAME: ADDRESS: � ' 519�A r 04.i;9n . 61-S HOME PHONE: �-•���� CELLPHONE: BUSINESS PHONE DATE: 0 OCpCfUPATION: (If retired, describe former occupation/ )or profession/,) �' Jam'(J el � Li 2yCc2 -LL.{ r I AdCl 74i-L.6Gl�-Lam'�C Jac �^i , .1� C,r .,[t cy �f PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES (NOS IF YES, PLEASE DESCRIBE: ...._...... PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP BANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COM,P</IUNYTY ACTIV1l`IES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): C�f�su.�-rc���-► ,/�� 7 Y.fiL. W,7 'V ! /.lvr/-ArirLzz4'21x-d��:�L-Cz j P.S..Uj(�'L Do you understand that attendance and active support is required for each a pointee?des ❑ No Signature: 2a� Date: RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 16266 This information will become a public record. P101 2010 BOARD AND COMMISSION APPLICATION NAME: WetVcLc� I DATE: ADDRESS: j�G `''7� n 4 5 S a, v\S e- 7 ZCe G HOME PHONE: �Slt� lac. �: , � (If retired, describe former occupation or profession) PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES NO \ IF YES, PLEASE DESCRIBE: PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT ! HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD �- PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD J OTHER \ c !� �v1 �„ �•r LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): V PAS e,\'r e Yt� a a y Ic s {�i,,v c NA�Vc r s o s c.i e "Uc.J aria . `C� a V V� '\ �` O �G h.f _ )NA � V V Lcx Y' 1, f7 � � c1 � O - 1 Pik v l0 of V-\0 l0 1� �eors 0, i'� Uk\o\\ve�r<� I%fUL — kC� —►mil uc�,��-i2�s�� ��� '0oVk�d. Do you understand that attendance and active supp6ft is required for each appointee?EYes ❑ No gAocli Gain Signaturcm Date: RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. :4 102 2010 BOARD AND COMMISSION APPLICATION NAME: Tina Golden DATE: August 9, 2010 ADDRESS: 711 Dove Ridge / PO Box 631, Sanger 76266 HOME PHONE: BUSINESS PHONE: CELL PHONE: EMAIL: OCCUPATION: (If retired, describe former occupation or profession) Training Support Manager for Denton County Department of Technology Services PRIOR SERVICE ON A CITY BOARD/COMMISSION? YES x NO IF YES, PLEASE DESCRIBE: PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 4B BOARD LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): 1 am interested in being a member of the Animal Shelter Advisory Board. My husband and 1 have been advocates for animal rights for many years. I've been active in the Sanger community for over thirteen years. 1 volunteer with Sanger's youth organizations and Sanger schools. Do you understand that attendance and active support is required for each appointee? R Yes ❑ No Signatur . _ _ Date: August 9 , 2 010 RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. P103 COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ❑ Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: September 20, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date'--❑❑ if t ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Resolution # R09-08-10 - Approving a Change in the Tariffs of Atmos Energy Corporation, Mid -Tex Division ("ATMOS") as a Result of a Settlement Between Atmos and the Atmos Texas Municipalities. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED.'General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This is a resolution between the ATMOS Cities Steering Committee ("ACSC or "Steering Committee") and ATMOS Energy Corp., Mid -Tex Division ("ATMOS Mid -Tex" or "Company") regarding the Company's third Rate Review Mechanism ("RRM") filing in all cities exercising original jurisdiction; declaring existing rates to the unreasonable; requiring the Company to reimburse Cities' reasonable ratemaking expenses; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rate to be set by the attached tariffs to be just and reasonable, approving ATMOS Mid-Tex's process for of revenues; extending the RRM process for two cycles and adopting a new RRM tariff, ratifying the settlement agreement including cost recovery for a steel service line replacement. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: 104 ingetc zTEXAS COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ❑ Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: September 20, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on Resolution # R09-08-10 - Approving a Change in the Tariffs of Atmos Energy Corporation, Mid -Tex Division ("ATMOS") as a Result of a Settlement Between Atmos and the Atmos Texas Municipalities. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE []REVENUE ❑CI P []BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This is a resolution between the ATMOS Cities Steering Committee ("ACSC or "Steering Committee") and ATMOS Energy Corp., Mid -Tex Division ("ATMOS Mid -Tex" or "Company") regarding the Company's third Rate Review Mechanism ("RRM") filing in all cities exercising original jurisdiction; declaring existing rates to the unreasonable; requiring the Company to reimburse Cities' reasonable ratemaking expenses; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rate to be set by the attached tariffs to be just and reasonable; approving ATMOS Mid-Tex's process for of revenues; extending the RRM process for two cycles and adopting a new RRM tariff; ratifying the settlement agreement including cost recovery for a steel service line replacement. STAFF OPTIONS & RECOMMENDATION Staff recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Resolution RESOLUTION NO.'D�-O�-ICE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF , TEXAS, ("CITY") APPROVING A CHANGE IN THE TARIFFS OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION ("ATMOS"), AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES ("ATM"); FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; FINDING THAT THE ADDITIONAL COST FOR REPLACING STEEL SERVICE LINES IS APPROPRIATE AND IS APPROVED SUBJECT TO A PRUDENCE REVIEW: FINDING THAT THE CONTINUATION OF THE RATE REVIEW MECHANISM ("RRM" ), AS AMENDED, FOR TWO YEARS IS REASONABLE; REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS APPROVED COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City is a regulatory authority under. the Gas Utility Regulatory Act ("GURA") and under §103.001 of GURA has exclusive original jurisdiction over Atmos Energy Corporation —Mid-Tex Division ("Atmos") rates, operations, and services as a gas utility within the municipality; and, WHEREAS, the City has participated in prior cases regarding Atmos as part of a coalition of cities known as the Atmos Texas .Municipalities ("ATM"), and, WHEREAS, on or about April 15, 2010 Atmos filed for an increase in rates, pursuant to the Rate Review Mechanism ("RRM"), of approximately $70 million; and, WHEREAS, almost one-half of the increase for RRM this year is the result of the rate of return true -up component of RRM; and WHEREAS, the rate of return true -up component of RRM has been controversial and difficult to apply; and WHEREAS, over the past few years there have been explosions of Atmos' steel service lines in the Mid -Tex Division which have caused serious property damage and loss of life; and two years; and WHEREAS, the most at -risk steel service lines need to be replaced over the next WHEREAS, after months of negotiations and after months of reviewing Atmos' books and records by ATM's experts , a settlement was agreed to by Counsel for ATM, acting on behalf of ATM's Executive Committee, with Atmos, which provides for: (1) the replacement of the most at -risk steel service lines, to be paid for with a small increase in the customer charge for residential and commercial customers; (2) a reduction of 61 % of Atmos' requested increase in rates for 2010; (3) the continuation of RRM for two more years but without the rate of return true -up and (4) the filing of a general rate case by Atmos on or before June 1, 2013; and WHEREAS, the Executive Committee of ATM and its lawyers recommend that Council approve the attached settlement as set forth in Attachment A along with the attached tariffs which are set forth as Attachment B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF �n-� , ,TEXAS THAT: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. That the settlement agreement, Attachment A, on balance is in the public interest and is approved. Section 3. The rates contained in the attached tariffs, Attachment B, are just and reasonable and are hereby approved subject to a prudence review of the steel pipe replacement expenditures in the next general rate proceeding. Section 4. That a copy of this Resolution shall be sent to Mr. David Park, Vice President for Rates and Regulation, Mid -Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75204, and to Jim Boyle, Counsel for ATM, at Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, TX 78701. Section 6. That the meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 7. That this resolution shall become effective immediately from and after its passage. PASSED and APPROVED this day of September, 2010. Mayor ATTEST: City Secretary AGENDA INFORMATION SHEET Item No SETTLEMENT BETWEEN ATM CITIES AND ATMOS ENERGY CONCERNING. • STEEL PIPE REPLACEMENT • RATE INCREASE FOR 2010 • EXTENSION OF RATE REVIEW MECHANISM • CHANGES TO MECHANISM • FUTURE GENERAL RATE CASE BACKGROUND For the last three years ATM Cities have worked to resolve rate cases brought by Atmos Energy Corp. ("Atmos") under a regime known as the Rate Review Mechanism ("RRM"). This mechanism operated under a February 2008 settlement agreement where a number of items that can be very contentious under traditional rate making, like the rate of return on equity and the capital structure of the utility, were stipulated. The RRM was both forward looking and backward looking. The forward looking component was based upon the books and records for the most recent historic calendar year. Those books and records were used to set rates for the next year. The backward looking component consisted of malting up ("truing up") any shortfall in achieving the stipulated rate of return of 9.6% for the recent calendar year. There were very significant disputes about how to calculate the achieved return. ATM has always been concerned that truing up the return took away some of the incentive for the utility to operate prudently and efficiently. The RR1VI for this year was filed in mid -April. At about the same time the Railroad Commission was starting a rulemaking aimed at requiring Atmos to replace -steel service lines. Those are the lines which go from the main in the street to the meter at the house or business. This issue was on the Commission's front -burner because 1 of three recent explosions involving steel service lines. At one point in time the Commission appeared to be considering replacing all service lines on a very rapid schedule which would have resulted in very substantial rate increases. It would also have necessitated the expenditure of substantial resources by cities to assist in the monitoring and routing of these lines when many cities were experiencing downsizing and other belt -tightening measures. Finally, the RRM was instituted as a three year experiment. Thus, also at issue during the three months of negotiations with Atmos was whether the RRM experiment should continue. SIXTY-ONE PERCENT (61 %) REDUCTION IN RATE REQUEST Atmos requested, in connection with this year's T:RM, an increase in rates of approximately $70 million with about half it coming from the retroactive piece — the rate of return true -up. The settlement calls for an increase of $27 million. For a typical residential bill the increase is $1.25 per month. This amount is 61016 less than what was requested by Atmos. Our rate experts, who are located just outside Kansas City, were very thorough in their analysis of the Company's books and records. STEEL PIPE REPLACEMENT-100,000 IN NEXT TWO YEARS Over the past few years there have been a number of explosions involving steel service lines. The worst of these lines need to be replaced rapidly. Some of the lines have been in the ground since the `50s. Atmos did a risk assessment which attempted to target the lines most likely to have problems. The most at -risk lines are those which are located at or near lines with a recent leak history. Several member cities of ATM, like San Angelo, Corsicana,. Copperas Cove and Denton, have thousands of at -risk lines. Other ATM cities like Mexia, Bryan, Greenville, Gatesville, r Hillsboro and Commerce will have hundreds of lines replaced in the next two years. The steel pipe replacement program will result in an increase in the residential customer charge of 15 cents per month this year and somewhere in the neighborhood of 40 cents per month next year. Even with these increases in the 2 customer charge, the customer charge for Atmos customers in the Mid -Tex region are among the lowest in Texas. RRM IS CHANGED BUT WILL CONTINUE FOR 2 YEARS As part of the settlement negotiations the was continued for two years but it was substantially altered. Remember that the retroactive rate of return true -up component of RRM has been very controversial. Continuation of RRM for two years was conditioned on eliminating the true -up. So, next year and the year after there will be no true -up feature in the RRM filing. Hopefully, this will mean the annual amounts requested will be much less and the filing should be easier to analyze. FUTURE GENERAL RATE CASE As part of the settlement, Atmos is to file a general rate case before each city and the Railroad Commission on or before June 1, 2013. The last rate case was filed in 2007. Periodically it is important to have a general rate case in order to review all costs and expenses at the same time and to review the manner and method that costs are allocated and rates are designed for each rate class. EFFECTIVE DATE OF SETTLEMENT The settlement is effective on October 1, 2010. The total increase for the typical residential customer is $1.40 per month and for the typical commercial customer the increase is $3.82 per month which includes both the settlement of the RRM I iling for this year and the steel pipe replacement issue. I: � ►I ►l ► 1 _ � ►I Counsel for ATM Cities recommends that the settlement be adopted. On balance the settlement is a fair one. The settlement of this year's RRM proceeding is generally consistent with the adjustments made to Atmos' filing by ATM's experts at Utilitech. Further, Counsel can recommend the extension of the RRM for two years with the elimination of the rate of return true -up. Finally, Counsel recommends the adoption of the settlement on the replacement of steel service lines most at -risk of explosion. It is very important that the safety of the lines most in need of replacement be assured. On balance, when the settlement is looked at as a whole, it is worth adopting for all the foregoing reasons FAILURE TO APPROVE SETTLEMENT If a city should choose not to approve the settlement it is likely that the decision will be appealed to the Railroad Commission by Atmos. An appeal of this sort could cost over $1 million; including the rate case expenses of Atmos and the city: An appeal of this sort will be difficult to pursue if most of the cities located in the Mid -Tex Division have adopted the settlement. 0