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09/07/2010-CC-Agenda Packet-RegularAGENDA CITY COUNCIL TUESDAY, SEPTEMBER 7, 2010 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: August 16, 2010 - Worlc Session August 16, 2010 - Council Meeting b) Disbursements c) Approve Pole License Agreement with Centutylinlc Fiber Company d) Approval of Budget Amendment #2 4. Consider any Items Removed from Consent Agenda. REGULAR AGENDA 5. Presentation of 2010 Certificate of Achievement for Planning Excellence From Texas Chapter of American Planning Association, 6. Conduct Public Hearing on Proposed Budget for Fiscal Year 2010/2011. 7. Consider; Discuss and Possibly Act on Approving the Sanger Public Library's Long Range Plan. 8. Consider, Discuss and Possibly Act on Approving Ordinance 4409-15-10 -Amending Chapter 12 "Traffic and Vehicles", Section 12.603, Prohibiting Parking in Certain Places. 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. 10. Consider, Discuss and Possibly Act on the Preliminary Plat of Rita's Ranch, Being 4.426 Acres in the R. Bebee Survey, Located on the West Side of Union Hill Road. 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. 12. RECONVENE: OPEN MEETING Any Action Talcen. 13. Information Items: a) Update From Denton County on Transportation b) ATMOS Rider GCR - Rate Filing Under Docket No. 9762 14. 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: 0 at /.'CEO Pm. and shall remain posted until meeting is +,i,ttt[tct adj urned. eel Tami Taber, City Secretary City of Sanger, Texas lep r IUli s �ces are available. Requests for accommodations This facility is wheelchair accessible and ucces�rble pa g q f or interpretive services must be made 48 11dt{34s p1 O tpc#� uso� eeting. Please contact the City Secretary's office at (940) 458-7930 for further information. ��/ntt,ttttt►:�wt``� MINUTES: CITY COUNCIL WORK SESSION August 16, 2010 PRESENT: Mayor Muir, Councilwoman Marjory Johnson, Councilman Rusty Patton and i Counclman Gary Bilyeu ABSENT: Councilman Russell Martin and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Rob Dillard City Attorney, Sam Alexander, Kelli Alexander and Patty Falls 1. Call Meeting to Order. Mayor Muir called the meeting to order. 2. Budget Workshop. City Manager reviewed the handout showing the upcoming budget calculated with property tax revenues at the effective rate of $0.63309 and including a 2% merit increase for all employees. 3. Discussion With the City Attorney Regarding the Open Meetings Act and Other Legal Issues Pertaining to the Council. Mr. Dillard spoke to the Council regarding the Open Meetings Act, which is a 25 year law. 4. Overview of Items on Regular Agenda. 5. Adjournment. Mayor Muir adjourned the meeting. MINUTES: CITY COUNCIL MEETING August 16, 2010 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Patton and Councilman Gary Bilyeu ABSENT: Councilman Russell Martin and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Kelli Alexander, Sam AlexanderPatty Falls, Sabrina Ritzel, Jeanie Barajas, Garry Thornburg ,, Tina Golden, Jason Chamberlin, Beth Ritzel, Meredith Denton, Nathan Maddox, Bobby Swan, Laura McNeill, Billy Ezell, Virginia Ezell, Shellie Wallace, Deanna Chamberlin and Malea Clarke 1. Calf Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order, .Councilman Bilyeu led the Invocation followed by Councilman Patton leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Kelli and Sam Alexander spoke about the animal shelter. Shellie Wallace asked a question about the advisory board and Deanna Chamberlain spoke. CONSENT AGENDA 3. a) Approval of Minutes: August 2, 2010 -Work Session August 2, 2010 - City Council b) Disbursements c) Consider Appointing Lori Pethtel to the Historic Preservation Commission Councilman Bilyeau made a motion to approve. Seconded by Councilman Patton. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Act on Approving Ordinance#08-14-10 -Amending Section 9.03 of the Subdivision Ordinance. Councilwoman Johnson made a motion to approve. Seconded by Councilman Patton. ' 6. 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 551.0 74 (Personnel Matters) -Evaluation of the City Manager's Performance and Contract. 7. RECONVENE: OPEN MEETING No action taken. 8. Information Items: a) Monthly Library Report b) Letter from TML Regarding 2010-2011 Equity Return c) Letter from Segrest & Segrest, P.C. Regarding Compliance Filing of Brazos Electric Power Cooperative, Inc. for Wholesale Distribution Service (Rate WDS), Revisions No. 10 d) Memo from City Manager Regarding Animal Control Update 9. Adjournment. Mayor Muir adjourned the meeting. PAGE: 1 8/16/2010 5:42 PM A / P CHECK REGISTER PACKET: 03414 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT ..lDOR NAME / I.D. DESC 22340 A & M ACOUSTICS I-115 502 ELM 07860 ACT PIPE SUPPLY, INC I-4490091453985 SUPPLIES FOR WAREHOUSE 18100 AMERICAN MUNICIPAL SERVICES I-5925 BAD DEBT COLLECTION I-6466 JULY 2010 BAD DEBT COLLEC 00270 ANIMAL HOSPITAL ON MILAM RD, P.C. I-201008163294 VET SERVICE 7/1 - 7/23 01550 ATMOS I-201008163289 JULY 2010 19240 BANKERS CREDIT CARD SERVICE I-201008123283 CITY MGR CONF.MOODY GARDE 00420 BOUND TREE MEDICAL, LLC I-80457517 EMS SUPPLIES I-80457518 EMS SUPPLIES 30 CALIBER CONSTRUCTION, INC. I-201008163291 ELECTRICAL CONCRETE FLUME 1 CHARLENE PRICE I-201008163292 CHARLENE PRICE 00650 CONTINENTAL RESEARCH CORP I-337688-CRC-1 55 GALLON EMERGENCY SPILL 08880 COOPER'S COPIES I-90767 2" REFLECTIVE DECALS 15230 CRAFCO TEXAS, INC I-0026466 48" HEATED WAND 00840 DENTON PUBLISHING CO., INC. I-56467 LEGAL AD- AUDIT REP i 20710 CHERYL HAZELWOOD-ESTES CPA, P.C. I-616 JULY 2010 CHECK CHECK TYPE DATE R B/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 R B/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 R 8/16/2010 CHECK DISCOUNT AMOUNT NO# 260.00CR 043920 1,421.23CR 043921 496.1OCR 043922 195.22CR 043922 194.SOCR 043923 58.32CR 043924 900.00CR 043925 9.15CR 043926 496.41CR 093926 CHECK AMOUNT 260.00 1,421.23 641.32 194.50 58.32 400.00 505.56 4,292.00CR 043927 4,292.00 100.00CR 043928 100.00 385.74CR 043929 385.74 27.00CR 043930 27.00 916.67CR 043931 916.67 55.60CR 043932 55.60 2,781.48CR 043933 2,781.48 8/16/2010 5:42 PM PACKET: 03414 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 2 CHECK CHECK CHECK CHECK ..,4DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 20980 EXPRESS SERVICES, INC. I-98733931-4 8/1 R 8/16/2010 11564.40CR 043934 1,564.40 18790 FUELMAN I-NP25980069 FUEL 7/26 - 8/1 R 8/16/2010 21051.72CR 043935 I-NP26080011 FUEL 8/2 - 8/8 R 8/16/2010 2,717.09CR 043935 4/768681 20300 GREEN EAGLE OVERHEAD DOORS I-201008053274 REPLACE MOTOR R 8/16/2010 875.00CR 043936 875.00 07750 HOME DEPOT/GECF I-9027179 WORK LIGHTS R 8/16/2010 89.94CR 043937 89.94 14050 HOUR PERSONNEL SERVICES, INC I-8976 KENNEDY 8/01 R 8/16/2010 572.75CR 043938 I-8977 DOUGLAS 8/01 R 8/16/2010 608.80CR 043938 1,181.55 05510 IESI I-1200197897 R/O RENTAL JULY 2010 R 8/16/2010 93.64CR 043939 93.64 20220 INGRAM I-53132794 20 BOOKS R 8/16/2010 11.26CR 043940 11.26 [.0 INTERMEDIX TECHNOLOGIES, INC. I-201008123286 JULY 2010 R 8/16/2010 11486.31CR 043941 1,486.31 19620 INTERNATIONAL CODE COUNCIL INC. I-201008123282 02 TECHNOLOGY MODULE R 8/16/2010 110.00CR 043942 I-2795666 MEMBERSHIP R 8/16/2010 100.00CR 043942 210.00 01300 JAGOE-PUBLIC CO., INC. I-10979MB 60 TONS HOT MIX R 8/16/2010 738.24CR 043943 738.24 18140 KEEP AMERICA BEAUTIFUL I-NSF10-0413-IN2 2010 ANNUAL FEE R 8/16/2010 50.00CR 043944 50.00 01570 LOWE'S COMPANIES, INC. I-56694 5-GALLON COOLERS R 8/16/2010 215.82CR 043945 I-67123 FLAGPOLE LIGHTING R 8/16/2010 46.88CR 043945 262.70 01310 LUTTRULL MCNATT, INC. I-513946 CASE ASSEM,IGN SWITCH R 8/16/2010 274.43CR 043946 I-529008 CASE ASSEM,IGN SWITCH R 8/16/2010 39.75CR 043946 314.18 8/16/2010 5:42 PM A / P CHECK REGISTER PAGE: 3 PACKET: 03414 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK %.NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 10470 MARTIN APPARATUS I-3004458 REPAIR PUMP SEALS R 8/16/2010 11811.05CR 043947 1/811005 01800 MUIR AGENCY, INC. i I-45579 NOTARY FEE - KNOWLES R 8/16/2010 71.00CR 043948 71.00 19500 NAPA AUTO PARTS I-220144 HYDROLIC OIL R 8/16/2010 503.1OCR 043949 503.10 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-201008163288 JULY 2010 LEGAL SERVICE R B/16/2010 545405CR 043950 545.05 08690 O'REILLY AUTO PARTS I-201008123284 AXLE,STARTER,BATTERIES R 8/16/2010 543920CR 043951 543.20 10120 OFFICE DEPOT CREDIT PLAN I-528512703001 ROUTER / SWITCH R 8/16/2010 74.99CR 043952 74.99 14220 ARLENE PEREZ I-20100B163293 INTERPRETER 8/3/10 R 8/16/2010 100400OR 043953 100.00 17260 QUEST CARE I-0710 JULY 2010 R 8/16/2010 500.00OR 043954 500.00 02170 REINERT PAPER & CHEMICAL, INC. I-253655 CLEANING SUPPLIES R 8/16/2010 116999CR 043955 116.99 12820 RICOH AMERICAS CORP. I-409400341 4/10 - 6/30/10 MAINT AGRE R 8/16/2010 411.91CR 043956 I-409557663 09/10 MAINT AGREEMENT R 8/16/2010 856.00CR 043956 1,267.91 02450 SOLOMON, CORP. I-204892 50KVA PM TRANSFORMER R 8/16/2010 21250.00CR 043957 2,250.00 09550 SOUTHWEST CHEMICAL, I NC. I-89604 CHLORINE R 8/16/2010 21958.00CR 043958 2,958.00 12460 SUPREME PARTS WASHERS I-S18472 PARTS WASHER SERVICE R 8/16/2010 150.00CR 043959 150.00 11900 TARRANT COUNTY COLLEGE €' I-57557 SHIRTS,PATCH,T-SHIRTS R 8/16/2010 57.00CR 043960 57.00 8/16/2010 5:42 PM A / P CHECK REGISTER PAGE: 4 PACKET: 03414 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK .-�NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02690 TECHLINE, INC. I-1445982-01,02,03 COVERS, CONNECTORS,STRAPS R 8/16/2010 51058.3BCR 043961 51058.38 05350 TEXAS EXCAVATION SAFETY SYST I-10-2519 MESSAGE FEES R 8/16/2010 55*10CR 043962 I-10-5609 MESSAGE FEES R 8/16/2010 45.60CR 043962 100.70 02910 UPPER TRINITY I-W271008 JULY 2010 R 8/16/2010 16,279.52CR 043963 161279.52 07150 CASEY WELBORN I-201008163290 8/24 - 8/27 R 8/16/2010 140.000R 043964 140.00 15670 MICHELLE WILLIAMS I-201008163295 REIMB R 8/16/2010 94.23CR 043965 94.23 21610 WITMER PUBLIC SAFETY GROUP, INC I-E713961 RADIO STRAP,PROTECTOR R 8/16/2010 185.43CR 043966 165.43 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 47 0.00 56,492.00 56,492.00 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 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 47 0.00 561492.00 56,492.00 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 8/17/2010 10:21 AM DIRECT PAYABLES CHECK REGISTER PACKET: 03425 Direct Payables8/17 CM VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT .FOR I.D. 18430 I-201008173302 18430 I-201008173303 CHECK CHECK CHECK NAME TYPE DATE DISCOUNT AMOUNT NO# FIRST UNITED BANK PAGE: 1 CHECK AMOUNT JULY 2010 AEP R 8/17/2010 467,918.58 043967 467,918.58 FIRST UNITED BANK JUNE 21 - JULY 20 2010 BRAZOS R 8/17/2010 10,150.84 043968 10,150.84 ** B A N K T O T A L S ** NO# REGULAR CHECKS: 2 HANDWRITTEN CHECKS: 0 PRE -WRITE CHECKS: 0 DRAFTS: 0 VOID CHECKS: 0 NON CHECKS: 0 CORRECTIONS: 0 DISCOUNTS CHECK AMT TOTAL APPLIED 0.00 478,069.42 478,069.42 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BANK TOTALS: 2 0.00 478,069.92 478,069.42 8/23/2010 11:22 AM DIRECT PAYABLES CHECK REGISTER PACKET: 03435 Direct Payables8/23 VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT b�_.JOR I.D. NAME ---........... -------....... -------------------------- 1 L&W TOWING I-201008233335 FLATBED TRAILER ** B A N K T O T A L S ** NO# REGULAR CHECKS: 1 HANDWRITTEN CHECKS: 0 PRE -WRITE CHECKS: 0 DRAFTS: 0 VOID CHECKS: 0 NON CHECKS: 0 CORRECTIONS: 0 PAGE: 1 CHECK CHECK CHECK CHECK TYPE ------------------------------------------------------------------------ DATE DISCOUNT AMOUNT NO# AMOUNT R 8/23/2010 500.00 043993 DISCOUNTS CHECK AMT TOTAL APPLIED 0.00 500.00 500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 BANK TOTALS: 1 0.00 500.00 500.00 C.3/Ii�iI1] 8/23/2010 12:02 PM PACKET: 03436 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 1 CHECK CHECK CHECK CHECK .�JDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 18100 AMERICAN MUNICIPAL SERVICES I-6484 - JULY WARRANT COLLECTION R 8/23/2010 698.21CR 043994 698.21 16930 AMERICAN PUBLIC WORKS ASSOC. - I-201008173296 SHIPPING R 8/23/2010 20.2OCR 043995 20.20 00420 BOUND TREE MEDICAL, LLC I-80458898 EMS SUPPLIES R 8/23/2010 157.55CR 043996 I-80459614 EMS SUPPLIES R 8/23/2010 5.28CR 043996 I-80460210 FILTERLINE SET R 8/23/2010 87.60CR 043996 250.43 00520 CASCO INDUSTERIES, INC. I-086704 RADIO INTERFACE VOICE AMP R 8/23/2010 21750.000R 043997 2/750400 02490 CENTURYLINK I-201008233331 JULY 2010 R 8/23/2010 11244.86CR 043998 1,244.86 00590 CITY OF DENTON I-201008233332 BATTERIES FOR MOTOROLA R 8/23/2010 441600CR 043999 441.00 15640 COLE-PARMER INSTRUMENT COMPANY I-7536944 SILICONE TUBING R 8/23/2010 336.81CR 044000 336.81 10 CPI OFFICE PRODUCTS I-2636751-0 OFFICE SUPPLIES R 8/23/2010 182912CR 044001 I-2638760 4X3 CORK BOARD R 8/23/2010 133.99CR 044001 316.11 11570 CULLIGAN I-06405209 WATER SERVICE R 8/23/2010 57.70CR 044002 57.70 03140 DATA FLOW: CLASSIC COMPUTER SUPPLIES, INC. I-57092 UT / DISCONNECT BILLS R 8/23/2010 11069.08CR 044003 1,069.08 14900 DENTON MUNICIPAL UTILITIES 1-201008233333 HONEYWELL PORTABLE BATTER R 8/23/2010 650.000R 044004 I-201008233334 RADIO REPAIR R 8/23/2010 102.83CR 044004 752.83 00840 DENTON PUBLISHING CO., INC. I-74369 UT WORKER 7/6 & 7/13 R 8/23/2010 134410CR 044005 134.10 18190 DEPARTMENT OF INFORMATION RESOURCE I-10060941T JULY 2010 R 8/23/2010 49.35CR 044006 49.35 8/23/2010 12:02 PM A / P CHECK REGISTER PAGE: 2 PACKET: 03436 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ..dDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 17640 DOLLAR GENERAL - CHARGED SALES I-105516 CREAMER,CUPS,BATTERIES R 8/23/2010 99.34CR 044007 99.34 16900 GST PUBLIC SAFETY SUPPLY I-2100017646 PATCH,PANTS,NAME TAGS R 8/23/2010 90.78CR 044008 90.78 02610 HD SUPPLY, INC I-1537581-00 SINGLE PHASE TRANSOCKET R 8/23/2010 925.00CR 044009 925.00 19830 JOE ILIFF I-201008233329 06 IBC CERT BUILDING OFFI R 8/23/2010 69.00CR 044010 69.00 01300 JAGOE-PUBLIC CO., INC. I-10993MB 60 TONS HOT MIX R B/23/2010 361.92CR 044011 361.92 19200 PATHMARK TRAFFIC PRODUCTS OF TEXAS,INC. I-0065624 WHITE/YELLOW MARKING TAPE R 8/23/2010 374.00CR 044012 374.00 5271 PITTSBURG TANK & TOWER MAINTENANCE CO., INC. I-1799 RECOAT EXTERIOR/WATERSPER R 8/23/2010 441350.00CR 044013 44,350.00 12820 RICOH AMERICAS CORP. I-409402279 JULY-SEPT MAINT AGREEMENT R 8/23/2010 320655CR 044014 320.55 22140 ROCKY RUNNELS I-201008233330 MOW TALL GRASS R 8/23/2010 325.00CR 044015 325.00 17400 PRECIOUS STAFFORD I-81310 8/9 - 8/12 R 8/23/2010 218.25CR 044016 218.25 18110 STRATEGIC GOVERNMENT RESOURCES, INC. I-5192 CUSTOMER SERVICE MADE EAS R 8/23/2010 48.00CR 044017 48.00 12650 TEXAS COMMISSION OF FIRE PROTECTION I-201008173297 OFFICER I CERT-PENNINGTON R 8/23/2010 70.00CR 044018 70.00 05720 TEXAS MONTHLY I-102272 REAL ESTATE GUIDE 2010 R 8/23/2010 2,390.00CR 044019 2,390.00 12220 VANDERBURG DRAFTING I-328797 CARRIER STRIPS R 8/23/2010 209o87CR 044020 209.87 8/23/2010 12:02 PM PACKET: 03436 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT ..xiDOR NAME / I.D. DESC 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 A / P CHECK REGISTER CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# NO# DISCOUNTS CHECK AMT TOTAL APPLIED 27 0.00 57,972.39 57,972.39 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 27 0.00 57,972.39 57,972.39 PAGE: 3 CHECK AMOUNT 8/26/2010 10:10 AM IA / P CHECK REGISTER PAGE: 1 PACKET: 03451 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ...ODOR NAME / I.D. - DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 19970 ACE AIR CONDITIONING & HEATING I-17085 SR CENTER A/C REPAIR R 8/26/2010 96.50CR 044075 96.50 07860 ACT PIPE SUPPLY, INC I-457145 SEWER LINE REPAIR-103 BOL R 8/26/2010 2,055.31CR 044076 2,055.31 08580 AMIGOS LIBRARY SERVICES I-232856 ANNUAL DATABASE FEE R 8/26/2010 113.00CR 044077 113.00 00270 ANIMAL HOSPITAL ON MILAM RD, P.C. I-201008253341 VET SERVICE 6/4-6/25 R 8/26/2010 852.25CR 044078 852.25 21100 COLEMAN LAW FIRM I-201008253339 AUGUST 2010 R 8/26/2010 600mOOCR 044079 600.00 00650 CONTINENTAL RESEARCH CORP I-1169282 OIL OBSORBING PADS,WASP S R 8/26/2010 463.24CR 044080 463.24 1 DEWAYNE DARNELL I-564014 FIX SPRING ON R 8/26/2010 205.00CR 044081 205.00 20980 EXPRESS SERVICES, INC. I-98752796-7 8/8/10 R 8/26/2010 11433.46CR 044082 1/433646 14050 HOUR PERSONNEL SERVICES, INC I-8997 KENNEDY 8/8/10 R 8/26/2010 449.50CR 044083 I-8998 DOUGLAS 8/8/10 R 8/26/2010 608.80CR 044083 1/058430 22380 INTEGRITY SIGNS & SHIRT CO. I-100 ANIMAL SHELTER SIGNS R 8/26/2010 90.00CR 044084 90.00 01300 JAGOE-PUBLIC CO., INC. I-11013MB 60 TONS HOT MIX R 8/26/2010 659.04CR 044085 659.04 1 LOVE'S TRAVEL STOPS I-201008253340 7/28/10 FU R 8/26/2010 61.89CR 044086 61.89 01310 LUTTRULL MCNATT, INC. I-CVCS526868 INSPECTIONS R 8/26/2010 39.75CR 044087 I-CVCS530378 INSPECTIONS R 8/26/2010 14.50CR 044087 54.25 21960 MCMASTER NEW HOLLAND C-201008263343 MCMASTER NEW HOLLAND R 8/26/2010 0.01 044088 I-77994 STARTER ASSEMBLY R 8/26/2010 243926CR 044088 243.25 8/26/2010 10:10 AM A / P CHECK REGISTER PAGE: 2 PACKET: 03451 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 20050 MODERN MARKETING I-MM1074787 PENCILS,RULER,COLORING BK R 8/26/2010 484.76CR 044089 484.76 08870 NORTHERN TOOL I-22235770 HOT WATER PRESSURE WASHER R 8/26/2010 11402.48CR 044090 I-22277198 HOT WATER PRESSURE WASHER R 8/26/2010 11402.48CR 044090 2,804.96 02970 OFFICE DEPOT I-530075760001 USB DRIVE,CABLE R 8/26/2010 29.99CR 044091 I-530075762001 USB DRIVE,CABLE R 8/26/2010 25.99CR 044091 55.98 12710 PETTIT MACHINERY, INC I-P63883 FILTERS,GAUGE,SWITCH R 8/26/2010 61.80CR 044092 61.80 22360 PREMIER LAPIN AND POWER I-4740 BLADES,BELTS,FILTER R 8/26/2010 511.80CR 044093 511.80 02170 REINERT PAPER & CHEMICAL, INC. I-254782 CASE TP & PAPER TOWELS R 8/26/2010 71.37CR 044094 71.37 11170 RICOH AMERICAS CORP:QDS I-17512568 COPIER R 8/26/2010 205.33CR 044095 205.33 10 PRECIOUS STAFFORD I-82010 8/17 - 8/20/10 R 8/26/2010 800.25CR 044096 800.25 19460 TCI TIRE CENTERS I-6270004771 TIRES R 8/26/2010 202.36CR 044097 202.36 i 02690 TECHLINE, INC. I-1445852 BALLAST FOR CITY PARK R 8/26/2010 243.75CR 044098 I-1446415-00 METER DISCONNECTS R 8/26/2010 175600CR 044098 418.75 17380 THE GLOVE GUY I-1364 GLOVES & SAFETY GLOVES R 8/26/2010 33.00CR 044099 33.00 05280 TRINITY TURF t I-59966 24X50 GRASS R 8/26/2010 16.00CR 044100 16.00 19260 TYLER TECHNOLOGIES I-174126 COURT ONLINE R 8/26/2010 125.00CR 044101 I-174127 UT ONLINE R 8/26/2010 110.00CR 044101 235.00 PAGE: 3 8/26/2010 10:10 AM A / P CHECK REGISTER PACKET: 03451 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT '�ADOR NAME / I.D. DESC 1 UNITED HEALTHCARE INSURAN I-201008233336 REFU 20630 UNITED RENTAL, INC. I-89132629-001 GATORADE PACKS I-89132629-002 GATORADE PACKS 03440 VERMEER EQUIP. OF TEXAS I-F61644 IDLE CONTROL SWITCH 10820 WILDFIRE TRUCK & EQUIP I-5614 SCENE LIGHTS M672-25 i TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 8/26/2010 R 8/26/2010 R 8/26/2010 R 8/26/2010 R 8/26/2010 NO# DISCOUNTS 31 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 31 0.00 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 11458.70CR 044102 1,458.70 634.75CR 044103 126.95CR 044103 761.70 55.04CR 044104 55.04 232.40CR 044105 232.40 CHECK AMT 16,394.69 0.00 0.00 0.00 0.00 0.00 0.00 16,394.69 TOTAL APPLIED 16,394.69 0.00 0.00 0.00 0.00 0.00 0.00 16,394.69 8/27/2010 11:12 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03462 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK .�LiDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 4 *VOID* VOID CHECK V 8/27/2010 044116 **VOID** 09600 AFLAC I-AFK201008113281 INSURANCE R 8/27/2010 85.07CR 044114 I-AFK201008253337 INSURANCE R 8/27/2010 85.14CR 044114 I-AFL201008113281 INSURANCE R 8/27/2010 830092CR 044114 I-AFL201008253337 INSURANCE R 8/27/2010 830.92CR 044114 1,832.05 13080 BLUE CROSS BLUE SHIELD I-201008273354 CHAVEZ - COBRA COVERAGE R 8/27/2010 689.28CR 044115 I-201008273357 CHAVEZ - COBRA R 8/27/2010 689.28CR 044115 I-BHC201007143216 MEDICAL BCBS HI PPO CHILD R 8/27/2010 31235.68CR 044115 I-BHC201008253337 MEDICAL BCBS HI PPO CHILD R 8/27/2010 31235.68CR 044115 I-BHF201007143216 MEDICAL BCBS HI PPO FAMILY R 8/27/2010 11233484CR 044115 I-BHF201008253337 MEDICAL BCBS HI PPO FAMILY R 8/27/2010 1,233.84CR 044115 I-BHO201007143216 MEDICAL HIGH PPO - EMPLOYEE R 8/27/2010 91320913CR 044115 I-BHO201008253337 MEDICAL HIGH PPO - EMPLOYEE R 8/27/2010 10,010.51CR 044115 I-BHS201007143216 MEDICAL BCBS HI PPO SPOUSE R 8/27/2010 lf095a66CR 044115 I-BHS201008253337 MEDICAL BCBS HI PPO SPOUSE R 8/27/2010 11095.66CR 044115 I-BLC201007143216 MEDICAL BCBS LOW PPO CHILD R 8/27/2010 21216.40CR 044115 I-BLC201008253337 MEDICAL BCBS LOW PPO CHILD R 8/27/2010 21216.40CR 044115 I-BLF201007143216 MEDICAL BCBS LOW PPO FAMILY R 8/27/2010 51308.38CR 044115 I-BLF201008253337 MEDICAL BCBS LOW PPO FAMILY R 8/27/2010 5,308.38CR 044115 I-BLS201007143216 MEDICAL BCBS LOW PPO SPOUSE R 8/27/2010 962.20CR 044115 I-BLS201008253337 MEDICAL BCBS LOW PPO SPOUSE R 8/27/2010 962.20CR 044115 I- INS201007013143 HEALTH INSURANCE R 8/27/2010 21587650CR 044115 I-INS201007143216 HEALTH INSURANCE R 8/27/2010 21587.50CR 044115 I-INS201008113281 HEALTH INSURANCE R 8/27/2010 2,587.50CR 044115 I-INS201008253337 HEALTH INSURANCE R 8/27/2010 2,587.50CR 044115 59,163.52 07850 CLEAT I-CLT201007013143 ASSOCIATION DUES EMPLOYEE R 8/27/2010 90.00CR 044117 I-CLT201007143216 ASSOCIATION DUES EMPLOYEE R 8/27/2010 90.00CR 044117 I-CLT201008113281 ASSOCIATION DUES EMPLOYEE R 8/27/2010 90.00CR 044117 I-CLT201008253337 ASSOCIATION DUES EMPLOYEE R 8/27/2010 90.00CR 044117 360.00 05400 PRE -PAID LEGAL CASUALTY Z-PPL201008113281 PREPAID LEGAL SERVICES R 8/27/2010 7.48CR 044118 I-PPL201008253337 PREPAID LEGAL SERVICES R 8/27/2010 7.48CR 044118 14.96 06770 SUN LIFE FINANCIAL I-201008273355 CHAVEZ - COBRA R 8/27/2010 48.95CR 049119 I-201008273358 CHAVEZ - COBRA R 8/27/2010 48.95CR 044119 I-SLD201007013143 DEPENDENT DENTAL R 8/27/2010 121.40CR 044119 I-SLD201007143216 DEPENDENT DENTAL R 8/27/2010 121.30CR 044119 I-SLD201008113281 DEPENDENT DENTAL R 8/27/2010 121.40CR 044119 I-SLD201008253337 DEPENDENT DENTAL R 8/27/2010 121.30CR 044119 I-SLF201007013143 FAMILY DENTAL R 8/27/2010 408.80CR 044119 I-SLF201007143216 FAMILY DENTAL R 8/27/2010 408.66CR 044119 - I-SLF201008113281 FAMILY DENTAL R 8/27/2010 408.80CR 044119 I-SLF201008253337 FAMILY DENTAL R 8/27/2010 408.66CR 044119 I-SLS201007143216 EMPLOYEE DENTAL R 8/27/2010 1,308.04CR 044119 I-SLS201008253337 EMPLOYEE DENTAL R 8/27/2010 11332.72CR 044119 41858.98 8/27/2010 11:12 AM PACKET: 03462 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT _iDOR NAME / I.D. DESC TOTAL ERRORS: 0 A / P CHECK REGISTER ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE CHECK DISCOUNT AMOUNT NO# NO# DISCOUNTS CHECK AMT TOTAL APPLIED 5 0.00 66,229.51 66,229651 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 6 0.00 66,229.51 66,229.51 PAGE: 2 CHECK AMOUNT Agetc rTEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable El Yes ❑Not Applicable Council Meeting Date: September 7, 20 1 G Submitted By: Mike Brice LCityManager Reviewed/Approval Initials �' Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Approve Pole License Agreement with Centurylink Fiber Company. FINANCIAL SUMMARY ON/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 ElSpecial ❑ $ BACKGROUND/SUA 1MARY OF ITEM This is the same Pole\ License Agreement contract we had with Embarq, it just updates the name to CenturyLink Fiber. Contract is attached. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Contract is attached. Prior Action/Review by Council, Boards, Conunissions or Other, Agencies: POLE LICENSE AGREEMENT THIS AGREEMENT made and effective the 1st day of August, 2010, by and between The City of Sanger, Texas (hereinafter called "Licensor"), and CenturyLink Fiber Company II, LLC, dba CenturyLink Wholesale, a Limited Liability Company of the State of Louisiana, with its principal place of business at 100 CenturyLink Drive, Monroe, LA 71203 (hereinafter called "Licensee"). WITNESSETH: WHEREAS, Licensor owns, operates and maintains poles and provide their services to customers in and around Sanger, Texas; WHEREAS, Licensee desires to place certain lines, Attachments and appurtenances on certain Poles of Licensor, for the limited purpose of providing its Services in compliance with any and all local, state or federal regulations; provided that such transmission of signals does not interfere or compete with the Licensor's purposes and where in Licensor's judgment, safety will not be adversely affected; WHEREAS, Licensor is willing to issue Licensee anon -exclusive license, to the extent it may lawfully do so, to place, replace, relocate, modify, repair, maintain and remove said lines, Attachments and appurtenances on Licensor Poles; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto, for themselves, their assigns and successors, do hereby covenant and agree to the following: SECTION 1. DEFINITIONS 1.1 "Agreement" will mean this Pole License Agreement between The City of Sanger, Texas and CenturyLink Fiber Company II, LLC, dba CenturyLink Wholesale. 1.2 "Attachment" is defined as all facilities, including but not limited to lines, cables, equipment or associated appurtenances, which are owned or utilized by Licensee and attached to Licensor's Pole, excluding warning signs, bonds and MGN grounding connections. 1.3 "Cost" is all reasonable, actual and documented costs paid or payable, which include Uut are not limited to the following: (a) external contractor or subcontractor labor costs and professional fees; (b) other costs and out- of-pocket expenses on a pass -through basis (e.g., equipment, materials, supplies or contract services.); (c) internal labor costs directly related to" the completion of Make Ready Work; and (e) reasonable allocations of 1 administrative overhead. Cost will not include any profit or markup. Any calculation of Cost involving a charge to replace a Pole or anchor will exclude the salvage value realized by Licensor for the removed Pole or anchor. 1.4 "Joint Use' shall mean using a Pole for Attachments or maintaining Attachments of both Licensor and Licensee. 1.5 "Licensee' is a party to this Agreement making Attachments on a Joint Use Pole owned by Licensor. 1.6 "Licensor" is the party to this Agreement who owns the Pole. 1.7 "Make Ready Work" -All work performed or to be performed as is necessary in Licensor's sole discretion to prepare a Pole for an Attachment, including surveying, clearing obstructions, repairing or modifying a Pole, or, rearranging, transferring, replacing or removing any items on a Pole where the work is required solely to accommodate an Attachment. 1.8 "Permit Application" is the written request from Licensee to place, replace, relocate, modify or remove its Attachments on Licensor's Pole, and is identified as Exhibit "A" of this Agreement. 1.9 "Pole" will mean a wood, concrete or metal pole having owned by Licensor. 1.10 "Services" shall mean the lawful business that each party is licensed, governed, franchised or authorized to perform in the offering of service to its customers. 1.11 "Service Drop" is a line from Licensee's main distribution cable which provides service to a single customer. 1.12 A "Third Party Attacher" is any person or entity other than Licensee that has or is placing Attachments on Licensor's Pole. 1.13 The singular of a word will also refer to the plural and visa versa, unless the context otherwise required. 1.14 Wherever "days" are referred to it will mean calendar. days. SECTION 2. LICENSOR'S GRANT OF PRIVILEGE TO LICENSEE TO ATTACH TO LICENSOR'S POLE 2.1 For and in consideration of the mutual covenants stated herein, Licensor hereby grants Licensee a non-exclusive, revocable license during the term 2 hereof to use Licensor's Poles to affix such of Licensee's Attachments as are reasonable and necessary for provision of Services. 2.2 Nothing in this Agreement will be construed as requiring Licensor to give Licensee permission to use any particular Pole or to allow Licensee to continue to use any particular Pole after Licensee has received Licensor's permission to do so. Licensor, in its sole reasonable discretion, may refuse Licensee permission to use any Pole or may require Licensee to replace, relocate, modify, remove or perform other work with respect to Licensee's Attachment on any Pole. 2.3 No use, however extended, of Poles under this Agreement will create or vest in Licensee any ownership or property right in said Poles, but Licensee's rights in such Poles will be and remain a mere license terminable at any time as provided herein. Nothing in this Agreement will be construed to compel Licensor to maintain any Pole for any period of time. 2.4 The license granted to Licensee hereunder with respect to any Pole will be non-exclusive in that Licensor reserves the right to use any and all such Poles for any lawful purpose or business or to lease or otherwise permit any other person or entity the right to lease or use any or all Poles for any lawful purpose. 2.5 Licensor represents and warrants that it has the ability to lawfully enter into this Agreement and convey the interest herein granted to Licensee. 2.6 EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, LICENSOR MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SECTION 3. TECHNICAL REQUIREMENTS 3.1 The Joint Use of Poles covered by this Agreement will at all times be in conformity with the requirements of the edition of the National Electric Safety Code (NESC), and/or Occupational Safety and Health Code (OSHA) in effect at the time of original construction or major change to Licensee's Attachments, except where the requirements of public authorities, or the requirements of Licensor's specifications, if attached to and made part this Agreement, or public authorities may be in excess of the requirements of said NECS or OSHA, in which case the more stringent requirements will apply. The requirements may be amended from time to time as required in accordance with development or improvements in technology, provided such amendments to the Agreement are reduced to 3 writing and Licensee is given at least 180 calendar days advance notice of the changes. 3.2 In the event Licensor should amend its requirements, rules or practices for the joint Use of Poles, as prescribed in Section 3.1, Licensee agrees to adhere to the amended requirements, rules and practices on any new Attachments placed after receipt of the notice date of the amendment. The amended requirements would not apply to existing Attachments in place prior to the amendment. 3.3 After submission of a Permit Application, on Licensor's request, Licensee shall provide such information necessary to allow Licensor to determine the strength of the Poles to ensure their sufficiency under the storm loading conditions of the NESC assumed for the area in which they are located for transverse and vertical loads imposed upon them by Licensee's proposed attachments. These loading calculations may be generated and approved by a registered Professional Engineer of the State of Texas. Licensee shall be responsible for Costs associated with analysis regarding the proposed Licensee Attachments, 3.4 All anchors and guys will be in place and in full effect prior to the placement of Licensee's Attachments. Any unbalanced loading of Licensor's Poles, which is caused by the placement of Licensee's Attachments, will be properly guyed and anchored by Licensee, and Licensee will be solely responsible for all expense, risk and liability associated therewith. Licensee will not attach any of its Attachments to any guy or anchor of Licensor. 3.5 Licensee's cable will be tagged at maximum intervals of 400 feet so as to identify Licensee as owner of said cable. Tags will be of sufficient size and lettering as to be easily read from ground level. All cables installed following the date of this Agreement will be tagged and Licensee will tag all existing non -tagged cables as Licensee is performing any service work on existing non -tagged cables. SECTION 4. ESTABLISHING JOINT USE OF POLES 4.1 Throughout the term of this Agreement, Licensee may designate a Pole or Poles, on which it desires to place, replace, relocate or modify any Attachment. Each such designation will be made by Licensee by submitting to Licensor a Permit Application, in such manner as prescribed by this Agreement as may be amended by written agreement between the parties from time to time, signed by a duly authorized representative of Licensee, and specifying in the appropriate spaces thereon, the type of work Licensee desires to perform and the Pole or Poles on which such work is to be performed. Unless mutually agreed a maximum number of 10 Poles will be allowed on each Permit Application. Licensee will not place any Attachment on Licensor's Pole prior to receiving an approved or 0 conditionally approved Permit Application. Notwithstanding the foregoing, Licensee may place, replace or modify a Service Drop on any Pole without prior written notice to Licensor and without first submitting a Permit Application. If Licensee places a Service Drop to Licensor's Pole on which Licensee has no current Attachment, Licensee will, within 15 days of its placement, submit a Permit Application to Licensor signed by a duly authorized representative of Licensee and identifying the Pole on which the Service Drop was attached. 4.2 Licensor will approve, conditionally approve or deny, except denial must be premised on reasonable reasons, each Permit Application for the placement, replacement, relocation or modification of Licensee's Attachment by returning one copy of it to Licensee at the address below reflecting its approval, conditional approval or denial in the appropriate space. Licensee: Kirk Thelke Light Core - Building A 1151 CenturyLink Drive Wentzville, MO 63385 . 4.3 In the exercise of its sole discretion, Licensor may deny any Permit Application for the placement, replacement, relocation or modification of Licensee's Attachments. 4.4 Licensor, in the exercise of its sole discretion, may approve a Permit Application for the placement, replacement, relocation or modification of Licensee's Attachment on the condition that Licensee modifies the application in some respect. In such event, Licensor will return a copy of the Permit Application to Licensee, to the address in Section 4.2 of this Agreement, reflecting such conditional approval and detailing the required modifications in the appropriate spaces thereon. If Licensee is willing to accept Licensor's modifications to the Permit Application, Licensee will return the Permit Application to Licensor, within 30 days of its receipt, signed by a duly authorized representative and reflecting Licensee's acceptance of the modifications in the appropriate spaces thereon. 4.5 If approval of a Permit Application for the placement, replacement, relocation or modification of Licensee's Attachment will require a modification or rearrangement of the Attachments of Licensor and/or any other Third Party Attacher on any Pole, Licensor in the exercise of its sole reasonable discretion, may approve the Permit Application on the condition that Licensee agrees to assume all Costs associated with .such modification or rearrangement as set forth herein. In such event, Licensor 5 will return a copy of the Permit Application to Licensee reflecting such conditional approval and detailing the Attachments that must be modified or rearranged and the estimated Cost for Licensor to make the modifications and rearrangements in the appropriate spaces thereon. If Licensee is willing to assume all Costs associated with such modifications or rearrangement, Licensee will return the Permit Application to Licensor, within 30 days of its receipt, signed by a duly authorized representative and reflecting its acceptance of such risks and Costs in the appropriate spaces thereon. The Permit Application will be accompanied by payment of the amount of estimated Cost of making such modification or rearrangement. Upon receipt by Licensor the Permit Application, as modified, will be deemed conditionally approved. Upon Licensor's completion of such modification or rearrangements, the Costs of performing said work will be compared with the estimated Cost. Licensee agrees to pay Licensor any undercharge in the difference between the estimated Cost and the Costs and Licensor agrees to reimburse Licensee any overcharge in the difference between the estimated Cost and the Costs. 4.6 If approval of a Permit Application for the placement, replacement, relocation or modification of Licensee's Attachment will require the placement of new Poles or replacement of one or more existing Poles to accommodate the Attachments of Licensee, Licensor in the exercise of its sole discretion, may approve the Permit Application on the condition that Licensee agrees to assume all Costs associated with the placement of new Poles or replacement of the existing Poles with new Poles sufficient to accommodate the Attachments of Licensee, Licensor and any Third Party Attacher. In such event, Licensor shall return a copy of the Permit Application to Licensee reflecting such conditional approval and detailing the estimated cost associated with the replacement of the existing Poles with new Poles sufficient to accommodate the Attachments of Licensee, Licensor and any Third Party Attacher. If Licensee is willing to assume all risk and Costs associated with the placement of new Poles or the replacement of existing Poles with new Poles, Licensee shall return the Permit Application to Licensor, within 30 days of its receipt, signed by a duly authorized representative and reflecting Licensee's acceptance of such risk and costs in the appropriate spaces thereon. The Permit Application shall be accompanied by payment of the amount of the estimated cost of making such replacement. Upon receipt by Licensor the Permit Application, as modified, shall be deemed conditionally approved. Upon Licensor's completion of the placement of new Poles or the replacement of the existing Poles, the actual reasonable cost of performing said work will be compared with the estimated cost. Licensee agrees to pay Licensor any undercharge in the difference between the estimated cost and the actual reasonable cost and Licensor agrees to reimburse Licensee any overcharge in the difference between the estimated cost and the actual reasonable cost. 4.7 If Licensor, in its sole discretion, elects not to place the larger Pole, which will accommodate the existing Attachments of Licensor and any existing Third Party Attacher as well as the new Attachment of Licensee, Licensee may, at Licensee's sole risk and expense place the new Pole and removing the old Pole. In such case, Licensee will reimburse Licensor for the net book value of the Pole being replaced as well as all Cost associated with transferring Licensor's Attachments from the existing Pole to the new Pole. The party setting the new Pole will be the Licensor of said new Pole and the other party will have no ownership in the new Pole. 4.8 If approval of a Permit Application for the placement, replacement, relocation or modification of Licensee's Attachment will require a modification or rearrangement of the attachment of any Third Party Attacher, Licensor will notify Licensee whether Licensor will perform said modification or rearrangement and the associated Cost. If Licensor elects, in its sole discretion, not to perform the required modification or rearrangement of the attachment of the Third Party Attacher, Licensor will notify Licensee and Licensee will be responsible to the Third Party Attacher for the cost and coordination to insure the required modification or rearrangement is completed prior to Licensee placing its Attachment on Licensor's Pole. 4.9 Unless otherwise agreed Licensee will limit its number of Permit Applications for the placement, replacement, relocation or modification of Attachments to Licensor to 5 Permit Applications within a 30 day period so as to allow Licensor to respond to them in an orderly and timely fashion, and any one Permit Application can contain as many as 10 Poles in the same lead. In this regard, Licensor will use reasonable efforts to respond to each Permit Application within 30 days of its submission. If Licensee submits more than one such Permit Application at the same time or submits additional Permit Applications while another such Permit Application is pending, Licensee will designate, in writing, an order of priority for the review by Licensor. In the absence of such designation, Licensor will review them in the order of their submission. 4.10 Licensee will pay apre-construction inspection fee to compensate Licensor for the Costs incurred to inspect the Poles identified in a Permit Application to insure adequate space is available for Licensee's Attachments and a post -construction inspection fee for the Costs incurred to insure the Attachments are installed according to the requirements of the Permit Application. The total pre -construction or post -construction inspection fee will not exceed THREE HUNDRED and 00/100 ($300.00) dollars. These fees will be invoiced within a reasonable time after 7 inspections have been completed. Failure to pay these fees within 30 days of written receipt of the invoice will void the conditional approval of the Permit Application and all Attachments will be removed by Licensee within 30 days. 4.11 If Licensee has a requirement to locate its equipment on any easement, right of way or other property of Licensor, on which no Poles or an insufficient number of Poles are located to facilitate Licensee's purposes, Licensee will notify Licensor. Both Licensee and Licensor, within a reasonable time after receiving written notice, will determine the location and size of the Poles that will meet the present and/ or future service requirements of Licensee, Licensor and any existing Third Party Attacher. At its sole option, Licensor may construct the necessary Poles, and Licensee will pay a pro rata share of all Costs associated with the construction of setting the Poles of a minimum height and class to facilitate the requirements of Licensee, Licensor and any existing Third Party Attacher, provided such Cost has taken into account and been spread among any existing Third Party Attachers and Licensor. The maximum pro rata share to Licensee will be based on the Cost of a 40 foot, class 3 Pole, unless a Pole of larger size and class is required to facilitate the Attachments of Licensee in which case Licensee will pay the additional Cost of the taller Pole. Notwithstanding such payment, Licensor will own such Poles and Licensee will not acquire any ownership or property interest in such Poles. Licensor, at its sole reasonable discretion, may decline to construct the necessary Poles. Licensee at its option may make such other arrangements as permitted by this Agreement. 4.12 Upon conditional approval of a Permit Application for the placement, replacement, relocation or modification of Licensee's Attachments, Licensee, at its sole risk and expense, may place, replace, relocate or modify the Attachments identified in the Permit Application on the Poles so specified in it during a 120 day period from the date of its approval. If, after said 120 day period, Attachments are not placed, replaced; relocated or modified, a new Permit Application will be submitted in accordance with procedures described in this Section 4. 4.13 Within 30 days of completion of the work, as outlined in the Permit Application, Licensee will notify Licensor of completion. Licensor may then conduct a post -construction inspection to insure all work is in accordance with all engineering and safety requirements. Upon completion of the post- construction inspection and Attachments are found to have been installed in accordance with the Permit Application and terms and conditions of this Agreement, the Permit Application will be changed from conditionally approved to approved. SECTION 5. RELOCATION, REPLACEMENT OR MODIFICATION OF LICENSEE'S ATTACHMENTS AT LICENSOR'S REQUEST 5.1 Upon written notice from Licensor, Licensee at its sole risk and expense and within 60 days will replace, relocate, remove or modify all and any portion of its Attachments on a Pole that Licensor, in its sole reasonable discretion, requested in such notice. 5.2 Licensee, in the exercise of its sole discretion and in accordance with the provisions of this Agreement may remove all its Attachments on such Poles, within the time period specified in the notice, instead of performing such work and provided that such removal does not create a safety hazard or unbalanced load on any Pole. Licensee may perform such work without prior notice to Licensor and without first submitting a Permit Application; however, Licensee will notify Licensor of the performance of such work within 30 days of its completion. If Licensee fails to perform such work within the period specified in the notice, Licensor, in the exercise of its sole discretion and risk, without notice or demand to Licensee and at the Cost of Licensee, may either perform all or any portion of such work. 5.3 If Licensee is requested to replace, relocate or modify its Attachments to facilitate the placement of an Attachment of a Third Party Attacher, then Licensee will be required to do such work only when Licensee has received payment for such work from said Third Party Attacher. 5.4 Whenever any right-of-way consideration or any city, county or state regulation makes relocation of a Pole necessary, Licensor will bear the Cost of relocation of such Pole, except Licensee will bear the entire risk and expense of relocating its Attachments within the specified time frame provided in the notice of transfer from Licensor, provided such notice is not less than 90 days in advance. 5.5 Whenever Licensor and or its authorized agents relocate a Pole under use by Licensee pursuant to this Agreement, Licensor will use best efforts to relocate and re -set the Pole in the same hole when it is in the benefit of Licensor to do so or if the same hole is not feasible or cost effective to Licensor then Licensor will use best efforts to set the Pole in the same direction as the cable/riser currently in place. SECTION 6. TRANSFER AND/OR RELOCATION OF LICENSEE'S ATTACHMENTS ON LICENSOR POLES 6.1 Licensor's participation in transferring Licensee's Attachments on Licensor Poles is strictly voluntary and will be performed at the sole discretion of Licensee. Participation will be in accordance with the terms 9 and conditions set forth in Sections 3 and 6 and, as applicable, other parts of this Agreement. Whenever Licensor chooses not to transfer Licensee's Attachments as permitted herein, Licensor will so notify Licensee in writing, providing Licensee no less than 60 days to complete the transfer. 6.2 When Licensor, in the course of performing its own work determines it is necessary to relocate the Attachments of Licensee, Licensor will remove and reinstall, at its sole risk, such Attachments when Licensor determines it is within its capabilitiesnde a/ or bst interest to do so, and Licensee agrees to pay Licensor in accordance with Section 6.4 of this Agreement. Should Licensor have a planned work order to replace Poles that have Attachments of Licensee, Licensor will provide advance notice to Licensee of required transfers and Licensee may determine to transfer its own Attachments at the time given in such notice. If Licensor transfers Licensee's Attachments it will so notify Licensee in writing such that Licensee knows it will not need to perform said work. 6.3 The parties will coordinate with each other to insure that when Licensor performs transfers for Licensee such transfers are done to meet Licensee's specifications and the specifications of this Agreement. If necessary, Licensee may provide training demonstrations or other training information to Licensor showing such specifications. 6.4 Licensee will pay to Licensor SIXTY-TWO and 00/100 ($62.00) dollars per Pole for the relocation of Licensee's Attachments. This fee represents labor cost only and Licensee will be responsible for providing all materials required to perform transfers and/or relocations of Licensee's Attachments. Licensee agrees to reimburse Licensor for all Costs of material that Licensor may use in transferring and/or relocating Licensee's Attachments. The cost to Licensor to transfer Licensee's Attachment may be amended by mutual consent of both parties. 6.5 Licensor will issue an invoice at the end of each calendar month in which the work described in this Section 6 is performed. The invoice will refereI ce the location of Pole, new Pole idencation number, date work was performed and type of Attachments transferred. Invoices for this work will be sent to Licensee at: CenturyLink Attn: Patricia Fontana 100 Century Drive Monroe, LA 71203 6.6 Should Licensor, in its sole reasonable discretion, determine -that it is not in Licensor's best interest to transfer Attachments of Licensee; Licensor will give written notice to Licensee that transfer of Licensee's Attachments 10 from the old Pole to the new Pole is required. Should Licensee fail to transfer its Attachments within 60 days of receipt of written notice from Licensor, and Licensor in its sole discretion is willing to sell the old Pole, Licensee may pay to Licensor the Net Book Value for each Pole, and at such time Licensor will transfer title to Licensee by bill of sale, and Licensee will take full ownership of such Pole in an AS IS condition. Licensor will have no future interest or responsibility in such Pole. Licensor will save harmless Licensee from all obligation, liability, damages, cost, expenses or charges incurred before the transfer of title of the Pole to Licensee. Licensee will physically tag said Pole to readily identify Licensee as Licensor of said Pole. 6.7 Should Licensor, in its sole discretion, determine a particular Pole is not to be offered for sale to Licensee, Licensor will give written notice to Licensee to remove its Attachments from said Pole within 60 days of receipt of written notice from Licensor. Should Licensee fail to remove its Attachments within this 60 day period, Licensee will pay to Licensor FIFTEEN and 00/100 ($15.00) dollars per Pole per day until such Attachments are removed. SECTION 7. MAINTENANCE AND REPAIR OF ATTACHMENT 7.1 Licensee will, at its sole risk and expense, maintain all of Licensee's Attachments on Poles in a safe condition and in thorough repair, provided such condition is not the direct cause of Licensor or Third Party Attacher. Licensee may perform maintenance and repair work without giving prior written notice to Licensor. If Licensee fails to maintain any of its Attachments in a condition satisfactory to the terms of this Agreement, Licensor, in the exercise of its sole risk and discretion, 45 days after notice and demand to Licensee, and at the expense of Licensee, may perform such repairs or maintenance that it deems necessary. In the event Licensor makes such repairs as contemplated in this Section 7.1 after having made demand on Licensee, the Licensee will pay Licensor for its Costs incurred in making such repairs. 7.2 If Licensor caruzot physically construct a new bare Pole or replace an existing Joint Use Pole, not including any facilities on such Pole, without the assistance of the Licensee, or where Licensee replaces Licensor's Pole under emergency conditions, Licensor shall pay Licensee for the Cost incurred in providing such assistance. Title to the new Pole shall remain with the Licensor of the original Pole that was replaced. Responsibility for removal/ disposal of the old Pole shall remain with the Licensor unless other provisions have been made and agreed to by both parties in writing. SECTION 8. TREE TRIMMING 11 8.1 Both Licensor and Licensee, at their respective sole risk and expense, will perform all tree trimming required for their own Attachments on Poles. If either party fails to perform tree trimming in a manner satisfactory to the terms of this Agreement, Licensor in the exercise of its sole discretion, 60 days after notice and demand to Licensee and at the sole expense of Licensee, may perform any tree trimming that it deems reasonably necessary under the terms of this Agreement. 8.2 Licensor will perform any reclearing of existing right-of-way and any tree trimming necessary for the establishment of its Poles and Licensee agrees to pay 20% of the cost where Licensee's Attachments are located on Licensor's Pole leads. SECTION 9. REMOVAL OF ATTACHMENTS 9.1 Not withstanding any other provision of this Agreement to the contrary, Licensee, in the exercise of its sole discretion, may remove any Attachment on any Pole, without the prior approval of Licensor, provided when Licensee removes any Attachment all supporting equipment and apparatus supporting such Attachment is also removed. 9.2 Not withstanding any other provision of this Agreement to the. contrary, should Licensor contract to sell or sells a Pole on which Licensee has Attachments, Licensor will notify Licensee of such fact and any transfer of this Agreement will be subject to Licensee's rights hereunder. 9.3 Whenever Licensee removes the last Attachment from a Pole, it will submit to Licensor, within 30 days thereafter, a Permit Application signed by a duly authorized representative and identifying in the appropriate spaces thereon, the Attachment removed and the Pole from which it was removed. Licensee will pay to Licensor the full rental for the current year on any Pole upon which Attachments were removed during that current year. SECTION 10. EMERGENCIES 10.1 In the event of an emergency, Licensee, at its sole risk and expense, will have the right to place, replace, relocate or modify Attachments on any Pole without first obtaining Licensor's approval of a Permit Application for such work, however, before performing such emergency work, oral approval will be obtained from Licensor's authorized representative, and provided further, that such work is performed within the time period and under such conditions specified by Licensor's authorized representative. Any such oral approval will'be- confirmed, within 15 days of the performance of such work, by Licensee to Licensor in writing identifying, 12 both the work performed and the affected Poles. If such emergency placement, replacement, relocation or modification is not reasonably acceptable to Licensor, Licensee, at its sole risk and expense, will remove, replace, relocate or modify all or any portion of such Attachments upon written notice from Licensor and within the time period specified in the notice. If Licensee fails to perform such work, Licensor, in the exercise of its sole risk and discretion, without notice or demand to Licensee and at the sole expense of Licensee may either perform all and any portion of such work or remove the Attachments from the Pole, provided that Licensor will perform such work so as to provide as little disruption to Licensee's customers as possible under the circumstances. 10.2 In the event of an emergency, Licensor, without prior notice to Licensee, and at Licensor's sole risk, may permanently or temporarily replace, relocate, remove, modify or perform any other work in connection with Licensee's Attachments on any Pole. Licensee will reimburse Licensor for the Costs that Licensor may incur for such emergency work provided it is directly related to Licensee's Attachments. In such event, Licensor will notify Licensee, within a reasonable time, of both the Poles affected and the work performed. SECTION 11. ANNUAL POLE FEES, CHARGES AND RATES 11.1 On or about January 1st of each year, the total number of Poles, which each party has Attachments on the other party's Poles will be tabulated. This number will represent the total number of Poles with Licensee's Attachments on December 31st of the preceding year plus any Poles, which Licensee's Attachments were removed during that year. The party owning the greatest number of Joint Use Poles will issue an invoice for the difference in the number of Joint Use Poles each party owns. 11.2 The annual Pole Attachment fee will be TEN and 00/100 ($10.00) dollars for each Pole upon which Licensee has Attachments. 11.3 From time to time, Licensor may re -determine the annual Pole Attacllrrtent fee provided however, the annual Pole Attachment fee, noted in Section 11.2 may not be adjusted for a period of 3 years from the effective date of this Agreement and thereafter no more frequently then 3 years. Licensor will provide written notification to Licensee of its intent to do so no later than 90 days prior to January 1st of the year in which the new fee will be implemented. Any new fee implemented in accordance with Section 11.3 of this Agreement will reflect increases of the Consumer Price Index since the last Pole Attachment fee adjustment. SECTION 12, UNAUTHORIZED ATTACHMENTS 13 12.1 If any of Licensee's Attachments for which no Permit Application has been issued will be found attached to Licensor's Poles, Licensee, upon written notification from Licensor and within 30 calendar days of receipt of notice, will submit a Permit Application for such unauthorized Attachment. 12.2 The charge for each unauthorized Attachment will equal an amount of the annual Pole Attachment fee using the then existing annual Pole Attachment fee in each of the applicable years, per each unauthorized Attachment for the number of years since the Attachment was documented as being placed, the last inventory or 5 years whichever is less plus interest at the rate of 06% per year. In addition, an unauthorized Attachment assessment of TWENTY-FIVE ($25.00) dollars will be applied to each Unauthorized Attachment. Licensee's obligation to pay unauthorized Attachment fees will be conditioned upon Licensor identifying the Poles, upon which the unauthorized Attachments are located. Should Licensee's unauthorized Attachment not meet the standards as shown inspection 3 of this Agreement and Licensee corrects said violation, then Licensee will reimburse Licensor for any post - construction inspection Costs required to insure unauthorized Attachment is correctly placed in accordance with the standards shown in Section 3 of this Agreement. Licensee will also pay to Licensor all actual documented Costs incurred by Licensor to rearrange any unauthorized Attachments of Licensee if such rearrangement is required to meet the NESC, OSHA or Licensor's requirements or any other safety or engineering requirement deemed necessary to conform to the terms of this Agreement. If said unauthorized Attachment is properly installed, then the Permit Application will be approved. 12.3 In the event, Licensor has cited Licensee as having an unauthorized Attachment but Licensee disputes the Attachment as being unauthorized, Licensor will cooperate with Licensee to determine the correct status of such Attachment and to the extent the parties determine such unauthorized Attachment is not that of Licensee, Licensor will reimburse Licensee a reimbursement fee of Costs incurred by Licensee in investigating such matter. SECTION 13. INVENTORIES AND AUDITS 13.1 Upon 30 days advance written notice to Licensee, Licensor, in accordance with the terms of this Agreement, may require that a physical inventory be conducted to determine the exact number and location of Licensee's Attachments on Licensor's Poles and to the extent applicable, the number of Attachments Licensor has on Licensee owned poles. Licensor will 14 determine the means of performing the inventories, however Licensee will be provided a reasonable opportunity to accompany and/or observe the inventory. In addition, Licensee will be provided a copy of the Attachment data gathered in such inventory. The Cost to Licensee for the inventory performed and the related data received will be a pro rata share of the Costs incurred by Licensor to perform the inventory of the Poles where Licensee is attached, provided such Cost is equally proportioned among all attaching parties with Attachments on the Poles inventoried. Should either party request that additional information be gathered during the inventory, other than the number and location of each party's Attachments on the other party's poles, the party requesting that information will be responsible for the total Cost of acquiring that additional information. 13.2 No inventory or inspection, or lack thereof, by Licensor will operate to relieve Licensee or Licensor of any responsibility, obligation, or liability assumed under this Agreement. 13.3 Any safety violations, associated with Licensee's Attachments, will be corrected within 90 days' written notice. If Licensee fails to correct any safety violation within 90 days, unless extended by Licensor, Licensor in the exercise of its sole risk and discretion and without notice- or demand to Licensee may perform such work as Licensor deems necessary. Licensee will reimburse Licensor for the Costs associated with correcting such safety violations associated with Licensee's Attachments unless Licensee has disputed the Attachment as having a safety violation pursuant to this Agreement. SECTION 14. PAYMENT OF INVOICES 14.1 Licensee will pay each invoice submitted to it by Licensor within 45 days of its receipt. Payment will be remitted to the address show in Section 24, NOTICE. If any portion of an invoice is not paid when due, then after Licensee has been notified of such discrepancy, that portion will bear interest at 1.5 % per month or the maximum rate allowed by law, whichever is less, unless such amount is disputed and is paid into escrow pursuant to Section 14.2 of this Agreement. 14.2 If Licensee in good faith disputes a payment, it will deposit the amount in dispute in an interest bearing account within the time period provided for in Section 14.1 of this Agreement. Any amount so deposited will remain in such escrow account until the dispute is resolved. Upon resolution of the dispute, the interest earned on amounts invested will be paid to the Party determined to be entitled to such amounts. If Licensor fails to issue an invoice within 2 years of the invoicing period as set forth herein, 15 Licensor waives and forfeits all rights with regard to collection on such invoice after 2 years from the date the invoice should have been issued. 14.3 Licensor will submit all invoices including the annual Pole fee to Licensee at the address shown in Section 6.5 and such invoices must conform to the following: (i) the annual Pole fee invoice must not include Make Ready Work Costs including Pole replacements, transfers or rearrangements; (ii) any other Costs aside from the annual Pole fee should be itemized separately on the invoice with a description of the Cost. SECTION 150 DEFAULTS 15.1 If either party will fail to comply with any of the provisions of this Agreement (Defaulting Party) or will default in any of its obligations under this Agreement, and will fail to correct the noncompliance within 90 days after written notice from the other party claiming the default (Non -Defaulting Party), the Non -Defaulting Party, in exercise of its sole discretion, without further notice may declare this Agreement to be terminated in its entirety, provided, if the default cannot be reasonably cured within 90 days and the Defaulting Party is acting with reasonable diligence to cure the default, the Non -Defaulting Party may not terminate this Agreement so long as the Defaulting Party continues to proceed with diligence towards curing the default. 15.2 If either party defaults in the performance of any work, which it is obligated to do under this Agreement, the other party may elect to do such work at its sole risk, and the Defaulting Party will reimburse the other party for Costs incurred. 15.3 If, due to the failures of the Defaulting Party, it becomes necessary for the Non -Defaulting Party to obtain the services of an attorney to enforce such obligation and/or evaluate the options of the Non -Defaulting Party following such default, than the prevailing party to such dispute will be reimbursed any and all reasonable attorney fees, court cost and any other cost of litigation associated with the enforcement of such obligations. SECTION 16. SURVIVAL AFTER TERMINATION 16.1 Upon termination or cancellation of this Agreement, in whole or in part, for any reason, Licensee will remain liable to Licensor for any and all fees that may be due or outstanding at the time of termination or cancellation. 16.2 Any Attachments remaining on Licensor's Poles after termination of this Agreement will remain subject to the terms and .conditions of this Agreement, provided that no additional Attachments will be placed nor 16 any existing Attachments be replaced, relocated or modified on Licensor's Poles. SECTION 17. INDEMNIFICATION 17.1 Both parties agree to defend, indemnify, protect and hold harmless the other party from and against any and all claims asserted by any person or entity, including, without limitation, in any way arising out of, related to: (a) claims arising out of, related to, caused by or incident to the other party's negligence, breach of this Agreement or any representation, warranty, covenant or obligation of the other party set forth herein; (b) claims arising out of, related to, caused by, or incident to the Attachment, maintenance, replacement, relocation, repair, modification, removal, use or operation of or in any other way arising out of, related to, caused by or incident to, Attachments, equipment, guys and anchors installed for the purpose of supporting Attachments on or in the vicinity of Poles, or the poles of others on which Licensor maintains facilities, including, without limitation, (i) any condition of the premises; (ii) separate operations being conducted on the premises; (iii) the imperfection, whether latent or patent, of any Pole, material or equipment furnished by Licensor; (c) claims arising out of, related to, caused by or incident to the provisions of any services or (d) claims arising out of, related to, caused by or incident to any interruption, disruption, interference or termination of any service. Neither party waives or releases any defense it may have as to any claim, cause of action, cost or damage arising as a result of its performance of this Agreement. SECTION 18. INSURANCE 18.1 Licensee will provide insurance, at its sole cost and expense, sufficient to cover its indemnification obligations as set forth in Section 17 of this Agreement. Such insurance will include, but not be limited to the following: 1) Commercial General liability insurance to cover all phases of maintenance, installation and removal operations under this Agreement, with limits for bodily injury or death not less than $2,000,000 any one occurrence and property damage limits not less than $5,000,000 any one occurrence; 2) Automobile liability insurance on all vehicles used in connection with this Agreement, whether owned, non -owned or leased with combined single limits of $5,000,000 bodily injury/property damage per occurrence; 3) Statutory Worker's Compensation Insurance and Employer's Liability Coverage with limits of $1,000,000. 17 18.2 Licensee agree to release and will require its insurers (by policy endorsement) to waive their rights of subrogation against the other party, its parent and affiliated companies, their officers, directors, agents, employees and/or independent contractors for loss under the policies of insurance described herein; damages to Licensee's or Licensoe's properties and/or any other loss sustained by Licensee or Licensor whether insured or not. 18.3 All insurance required by Licensor under this Agreement will be maintained by Licensee throughout the term of this Agreement and thereafter until all of the obligations of Licensee have been fully performed. Licensee will submit to Licensor certificates to the effect that insurer has insured Licensee for all insurable liabilities of Licensee under this Agreement, that Licensor is an additional insured under each policy and that it will not cancel any policy of insurance issued to Licensee except upon 30 days written notice to Licensor. In the event that Licensee's insurance coverage is to be cancelled by reason of non-payment of premiums, Licensor, in its sole discretion, will have the right to pay such premiums and Licensee will forthwith reimburse Licensor the full amount paid by Licensor but in no event more than the pro rata premium for the period of non-compliance. 18.4 Licensee will promptly notify Licensor in writing of any and all claims for damages, including but not limited to damage to property, bodily injury or death of persons allegedly arising out of the involvement of Licensee's Attachments to any Pole. SECTION 19. TAXES 19.1 Licensee will pay all taxes, assessments, fees and other governmental charges of any kind whatsoever lawfully levied or assessed against it or against Licensee's business with regards to its Attachments, including, without limitation, all franchise, license, permit and other fees due to cities or other governmental entities. SECTION 20. ASSIGNMENTS 20.1 A party may assign, sublicense or transfer its rights under this Agreement in whole or in part only with the prior consent of the other party, which consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, either party may assign this Agreement without the consent of the other party upon at least 30 days prior notice to the other party to: (1) an entity controlling, controlled by or under common control with the assigning party; (2) a successor entity in the event of a merger, reorganization or consolidation involving the assigning party; or (3) the purchaser of all or substantially all of the assigning party's assets located in the State of Texas. 20.2 No permitted transfer, assignment, delegation or subletting by Licensee shall release or relieve Licensee of any of its obligations under this Agreement and Licensee shall remain fully obligated and liable to Licensor under this Agreement not withstanding any such permitted transfer, assignment, delegation or subletting 20.3 Licensor may transfer, sell, assign or delegate any of its rights or obligations under this Agreement at any time without the consent of or prior written notice to Licensee. Licensor will notify Licensee of any such transfer, assignment or delegation within 30 days thereof. 20.4 This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns where assignment is permitted by this Agreement. SECTION 21. APPLICABLE LAW 21.1 This Agreement will be governed by and interpreted and construed in accordance with the laws of the State of Texas. SECTION 22. ENTIRE AGREEMENT 22.1 This Agreement and all Attachments hereto will constitute the entire Agreement of the Parties pertaining to the subject of this Agreement and supersedes all prior agreements, negotiations, undertakings, understandings, proposals, statements and representations, whether written or oral concerning such matters. SECTION 23. NOTICE 23.1 Any notice required to be given or made in connection with this Agreement will be in writing and will be deemed properly or sufficiently given or made by telegram, facsimile transmission, certified or registered mail, express mail or other overnight delivery service, electronically mailed or hand delivered, proper postage or other charges prepaid and addressed or directed to the respective representative of the Parties below: To Licensor: City of Sanger, Texas Mike Prater, Electrical Superintendent 201 Bolivar P.O. Box 1729 Sanger, Texas 76266 19 To Licensee. (940) 458-2064 (940) 458-4180 fax mprater@sang_ertexas. orb C mturyLink Wholesale Kirk Thelke Light Core - Building A 1151 CenturyLink Drive Wentzville, MO 63385 23.2 Any notice given or made pursuant to or in connection with this Agreement will be effective as of the time of delivery to or receipt by the Party to whom such notice is addressed. SECTION 24. MODIFICATION AND WAIVER 24.1 Modifications to this Agreement will only be effective when submitted in writing and signed by the duly authorized representatives of the Parties. Such modifications, to be effective, will expressly be identified as a modification with specific references to the provisions of this Agreement to be modified. Any modification will be effective on the date such modification is signed by the Parties, unless such modification expressly provides. 24.2 No duties or rights under this Agreement will be waived except as expressly provided in this Agreement or unless the Party having the right expressly waives such duties or rights in writing so stating it is a waiver. No course of dealing, failure to enforce or insist upon compliance with any or the terms or conditions of this Agreement will constitute or be construed as a waiver or relinquishment of any term, right or condition, but will remain at all times in full force and effect. 24.3 This agreement is governed by and construed in accordance with the Communications Act of 1934 as amended it applicable), the Federal Commutation Commissions' Rules and Regulations promulgated under the Communications Act of 1934 (if applicable) and the law of the State of Texas (collectively, "Applicable Rules") In the event of an amendment to any of the Applicable Rules, any effective legislative or regulatory action, or judicial order, rule, regulation, award or other legal action purporting to apply the provisions of any Applicable Rules to the parties, or in which the Federal Communications Commission or, if applicable, the appropriate state public service commission, public utilities commission, administrative body or court makes a determination during the term of this agreement that adopts new rules or revises, modifies or reverses the Applicable Rules, the parties may require that the affected provisions of this agreement be renegotiated in good faith. This agreement will then be amended accordingly in writing to reflect the changes to the Applicable Rules or adoption of new rules." SECTION 25. HEADINGS 25.1 The headings in this Agreement are inserted for convenience of reference only and will in no way be considered in the interpretation of this Agreement. SECTION 26. INTERPRETATION 26.1 No provision of the Agreement will be construed against or interpreted to the disadvantage of any party by the court or other governmental or judicial authority by reason of such party having or being deemed to have prepared, structured or dictated such provision. SECTION 27. TERM 27.1 This Agreement will continue in force and effect for a period of 3 years from and after the effective date of this Agreement as stated above, and thereafter will renew automatically for successive 3 year terms unless terminated by either party by giving written notice of its intention to do so not less than 180 days prior to the end of any period. SECTION 28. FORCE MAJEURE 28.1 If either party is delayed from performing an obligation because of strikes, lockouts, labor troubles, the inability to procure materials, power failure, restrictive governmental laws or regulations, riots, insurrection, storms, hurricanes, earthquakes or other natural disasters, war or other reason which is not the fault of or is beyond the reasonable control of the party delayed, then performance of the obligation will be excused for the period of the delay. However, the foregoing will neither relieve a party from the obligation to make monetary payments to the other nor apply to delays resulting from the inability of a party to obtain financing or to proceed with its obligations under this Agreement because of a lack of funds. The remainder of this page is inteaitio�ially left blank. 21 REOF, each of the Parties has caused this Agreement to be IN WITNESS WHE f the date and year first written a ove. duly executed effective as o The City of Sanger, Texas By: Name: Title: Date: Signature CenturyLink Fiber Company II, LLC, dba By: Name: Title: Date: Signature CenturyLink Wholesale 22 Exhibit "A" Permit Application Licensee's Permit No. Licensor Permit No. Date 20— s Location/Exchange In accordance with the terms and conditions ofthe oint Use Agreement between The City o isherebyy made for (placement) (removal) Sanger, Texas and CenturyLink Wholesale application (modification) of Attachments on Poles as dicofd belo t d work, all Attachments fuw and on the attached lly and/or map. I hereby certify that, upon final inspection comply with the National Electrical Safety Code (NEAttachments latest edition, and no Attachments will be in violation of NESC as the result of said Number of Poles added _ - — Licensee: removed-,._______._._.------ By: modified________._._.------ Title: Telephone No. Telephone Rn(yineer contact name Licensor (conditionally approves) (denies) Licensee's Permit Application to place Attachments on Licensoe's Poles, Licensor: By: Title: Telephone No. Date: Construction Completion Notification All construction work has been completed and Attachments are ready for post -construction inspection. Licensee: Name: Title: Telephone No. Date: Post -construction inspection has been completed and the stahls of this Permit Apppcation is hereby changed from conditionally approved to approved. Name: Title: _ Date: 23 To: Mayor and Council From: Mike Brice, City Manager Date: 8/18/2010 Re: Budget Amendment #2 We created expense line items in this year's budget for expenses incurred using designated funds such as Hotel Motel Tax for better tracking purposes. However, not knowing what those expenses would be, we did not budget anything in those line items. Therefore, to keep the non -departmental budget from being in a deficit at the end of the year, we need to amend the budget to reflect those expenditures. would also like to add some money to the Animal Control budget for building improvements. I recommend making the following amendments to the FY 2010 budget: Line Item Expenditure Current Budget Amended Budget 001-00-7445 Sanger Historical Expense $0.00 $2500.00 001-00-7562 Hotel Motel Tax Expense $0.00 $1250,00 001-22-6020 Building Improvements $0.00 $15,000400 Line Item Revenue 001-004910 Miscellaneous Income This reflects actual collections to date. Thank you for your consideration. Total $181750.00 Current Budget Amended Budget $201000.00 $84,000.00* it CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance L.JYes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable Council Meeting Date: Submitted By: September 7, 2010 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials t Cal / Date (/ ACTION REQUESTED: ❑ORDINANCE ❑RESOLUTION # ❑APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER _PRESENTATION AGENDA CAPTION Presentation of 2010 Certificate of Achievement for Planning Excellence from Texas Chapter of American Planning Association FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The Texas Chapter of the American Planning Association has awarded the City of Sanger a Certificate of Achievement for Planning Excellence for 2010. Each year, the Texas Chapter of the American Planning Association recognizes cities that have achieved excellence in city planning. Cities are evaluated on having certified professionals on staff and providing ongoing training for staff and commissioners. Cities also qualify by adopting major planning documents and updating land use regulations regularly. Sanger also received the award in 2009. In the last three years the city has adopted the 2007 Sanger Comprehensive Land Use Plan, the 2007 Thoroughfare Plan, and the 2008 Parks & Recreation Master Plan. STAFF OPTIONS &RECOMMENDATION Staff appreciates the hard work of those who have served on the Planning &Zoning Commission in 2010. This certificate recognizes their valuable contribution to the community: Gary Bilyeu (Chairman) Beverly Howard Skip Lindholm (Vice Chairman & Chairman) Allen Chick Mike Walker (Vice Chairman) Scott Stephens Shelley Ruland Joshua Schumate Kav Van Hauen List of Supporting Documents/Exhibits Attached: • Prior Action/Review by Council, Boards, Commissions or Other American Planning Association Texas Chapter Making Great Communities Happen Mr. Thomas Muir, Mayor City of Sanger 201 Bolivar Street Sanger, TX 76266 Dear Mayor Muir, It is with great pleasure that the Texas Chapter of the American Planning Association presents the enclosed "Certificate of Achievement for Planning Excellence" to your Planning Department for 2010. This certificate recognizes the professional planning standards demonstrated by your planning staff and the funding and support exhibited by your City Council and Planning and Zoning Commission. More specifically, the City of Sanger has met the Chapter's goals for: o Increasing awareness of professional planning, o Recognizing planning departments which meet certain professional requirements, o Enhancing neighborhood and citizen recognition of planning efforts, o Encouraging the funding of professional training for Commissioners and staff, and o Aiding in economic development and community image. I encourage you to share this award with your City Council and Commission at an appropriate time. The Board of Directors and the 25033 members of the Chapter look forward to your continued success and your leadership in community planning in Texas. Sincerely, I Veronica Soto AICP President Texas Chapter American Planning Association American Planning Association Texas Chapter Making Great Communities Happen CERTIFICATE OF ACHIEVEMENT for Presented to the Recognizing a commitment to professional planning by City Administration, Elected and Appointed Officials and exemplary professional standards demonstrated by the Planning Staff Awarded By Texas Chapter — The American Planning Association � F .esident Chapterhxas ''• 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 7, 2010 Submitted By: Vicky Elieson City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Library Long Range Plan 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 To respond to the State of Texas requirements for public libraries, and to define the service plan of the Sanger Public Library, the Long Range Plan 2011-2015 was developed with input from community focus groups, staff and the Library Board. STAFF OPTIONS & RECOMMENDATION Recommend approval. List of Supporting Documents/Exhibits Attached: Long Range Plan 2011-2015 Prior Action/Review by Council, Boards, Commissions or Other Agencies: The policy was created with the help of the Library Board, and they recommend approval. LONG RANGE PLAN 2011-2015 About Sanger Located in north central Denton County, Sanger has experienced rapid growth in the last few years. Once an agricultural area and a railroad stop, now Sanger is becoming a bedroom community. The US Census estimated 7,554 persons lived in Sanger in 2007, a significant increase from the 4,534 persons counted in the 2000 census. The continuation of recent growth rates into the future produces population projections of almost 11,000 persons by 2020, and 16,000 persons by 2030. In the area just outside Sanger, farms have been divided and homes are being built. The population in the Sanger zip code was 10,353 in 2000, but grew to an estimated 16,944 in 2008. Some city services are affected by this growth as well as the growth inside the city. Much of Sanger's growth is driven by its location. Situated at the intersection of Interstate 35 and FM 455, the community is located about an hour north of the Dallas/Fort Worth metroplex and a little over two hours south of Oklahoma City. Lake Ray Roberts is close to the city's east border. Sanger's city limits extend from Clear Creek on the south to the Denton County/Cooke County line on the north. Sanger is also located along an active Burlington Northern and Santa Fe railroad line. Residents' average commute to work is 27 minutes, but that may rise as more people commute. The 2000 census count shows an increasingly diverse population with 11.3% of Sanger residents identifying themselves as Hispanic, an increase from 7.8% in the 1990 census. The 2000 census describes a community with a significant population of younger adults, with 55% of residents under the age of 35, and a median age of just 31'/2 years old. The median age for the United States as a whole is more than 35 years old. Persons between the ages of 35 and 59 accounted for about 3 1 % of the residents, and those older than 60 years of age accounted for about 13%. As the city grows, State of Texas demographic projections indicate that ethnic diversity will rise, and the average age will drop. Median household income was estimated at $51,012 for 2008, up significantly from the $405380 recorded in the 2000 census. The most common occupations were management, professional, and related occupations (23.1%), and sales and office occupations, (29.8%). Service occupations and production, transportation, and moving occupations account for about 16% of the workforce each. Denton's two universities are within 15 miles of Sanger, but only 15% of the residents have a Bachelor's degree or higher, while the average in Texas is 25%. On the other hand, 79.5% in Sanger have a high school diploma which is just about the same as the 79.2% statewide. About Sanger Public Library With the help of many Sanger residents, the Sanger Public Library opened in the summer of 1970. Originally housed in the donated Chapman Clinic, the library quickly outgrew the space. In 1972 the library moved to a 1902 building that had been a Presbyterian Church. The library was run completely by volunteers until 1985 when county funding made it possible to hire a librarian. Community cooperation enabled a new building to be built in 1995. Since we have been in the new building, circulation has risen from 17,267 in 1995 to 37,188 in 2009. From the beginning, service to children was a focus of the library. The library offers year-round Storytime for preschoolers and a good children's collection. During the summer, additional programs for children include an Elementary Storytime, a movie matinee and an art class. Since June 2008 computer gaming tournaments have been staged for kids and teens. In Fiscal Year 2009, the library provided 148 programs with a total attendance of 1,934. Children's programs had an average attendance of 17; teen and adult programs, an average of 7. The library had 46,385 visits and circulated 37,188 items. The library's We PCs and one public access laptop were used for 10,796 sessions, an average of 5 sessions per hour. In 2008 The Sanger Public Library joined 12 other small libraries to form a consortium for the purpose of sharing materials and an integrated computer system. The integrated computer system provides a portal by which the library catalog may be searched online. The shared catalog went live in September 2009, and sharing materials through the courier began in January of 2010. Of the library's 3200 cardholders, 59%are citizens of Sanger. In 2006 only 52% were inside the city. Other cardholders come from elsewhere in Denton County (34.5%) and outside of the county (6.5%). Adults hold 70% of Sanger's library cards. The number of cardholders may drop as cardholders from other consortium libraries are identified. A patron should have a card from only one of the consortium libraries. The collection of the Sanger Public Library includes books, video materials, music CDs, magazines and audio books. Consortium activity has already made our own collection more used and given our patrons access to the collections of other libraries. In its historical collection the Library preserves items relating to Sanger history, and keeps books by Sanger authors. As Sanger continues to grow, materials, staff and services should increase to meet the needs of library users. In a currently weakened economy, the core collection and basic services must be identified and maintained, so that, as the economy improves, basic services can be strengthened and additional services may be added. Sanger Public Library Mission Statement The purpose of the Sanger Public Library is to foster a WO reading in the young; to encourage recreational reading, listening and viewing; and to support basic and self -education for all ages. Sanger Public Library Vision Statement Sanger Public Library will provide small-town friendliness while partnering with other libraries to maintain basic library services and provide programs that meet the educational and social needs of various age and interest groups. The Library will seek ways to strengthen and expand services. Service Responses of the Sanger Public Library To meet the needs of the residents of Sanger, Texas, the Sanger Public Library has developed five service responses for 2011-2015. 1) Provide current information in a variety of formats. 2) Support popular reading, viewing and listening. 3) Sponsor programs to meet diverse social and educational needs. 4) Facilitate access to widely used technology. 5) Seek support from outside sources. Activities to Carry Out the Service Responses 1) Provide current information in a variety of formats. • Focus 40% of collection funds on strengthening two Dewey sections each year. • Consider consortium holdings when adding or weeding materials. Avoid duplication, except for locally popular materials. • Use resources wisely, and take economic factors into account when prioritizing purchases. • Weed the entire collection once and the nonfiction section twice before 2015. • Collect and preserve original documents and pictures pertaining to Sanger. • Encourage consortium borrowing. Offer Interlibrary Loan when items are not available in the consortium. • Keep online catalog current. • Provide formal training to staff in answering reference questions. • Identify gaps in information coverage, and find materials to fill the gaps. 2) Support popular reading, viewing and listening. • Lease currently popular bestsellers and buy those that have more lasting appeal. • Invest more in video and audio as warranted by circulation statistics. • Review forthcoming lists for items of known appeal. • Purchase items requested by patrons as soon as it is practical. • Encourage consortium borrowing and offer Interlibrary Loan. • Collect popular fiction in paperback through donation and purchase. • Expand library hours by opening on Tuesday and Thursday evenings. • Offer new formats of popular materials, such as Blu-Ray and downloadable audio books. 3) Sponsor programs to meet diverse social and educational needs. • Participate in the Texas Summer Reading Club. • Sponsor book discussion groups. • Obtain equipment for Wii gaming tournaments. Hold several events each year. • Schedule classes in computer basics, including Internet Searching. • Offer ESL classes. • Offer seminars to help job seekers (Resume Creation, Interviewing, etc.). • Provide after school homework help with volunteers. • Provide classes in using new technologies, including e-readers. • Update webpage regularly so the users will be aware of programs. • Purchase materials to support programs (Spanish, Summer Reading Club, job search). 4) Facilitate access to widely used technology. • Provide a scanner, printer, copier and at least six computers for public use. • Replace at least one public access computer per year. • Continue to provide Internet access and a wifi hot spot. Evaluate wifi equipment for possible replacement in 2012. • Promote and use Texshare databases. • Replace one staff computer every other year. • Assess technology needs every year. Survey new technologies for possible implementation. 5) Seek support from outside sources. • Seek grants to expand and enhance collection and services. • Partner with schools to encourage kids to read, especially summer reading. • Obtain summer reading lists from area schools and get multiple copies of the required books when possible. • Build relationships with community organizations for input, marketing and volunteers. • Use the library display case to highlight the contributions of various community groups. • Encourage volunteers to help with library operations and programs. • Write regular articles for the newspaper. • Recognize, guide and encourage the contributions of the Friends of the Library. 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 7, 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 Ordinance 094540 Revising Chapter 12 "Traffic and Vehicles", " Section 12.603 Prohibiting Parking in Certain Places" adding "(e) It shall be unlawful for the driver of a vehicle to leave, stop, stand, or park such vehicle, except in compliance .with the directions of a police officer or traffic sign or signal, on the west side of Tejas from Chippewa north to dead end." FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Homeowners in the area have complained about the parking situation on Tejas, especially on the weekends. Adding a restriction for parking vehicles only on one side of the street will help alleviate homeowners concerns and improve emergency vehicle accessibility. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council; Boards, Commissions or Other • Ordinance #09-15"10 Prohibited Parking in Certain Places Agencies: • None ORDINANCE 09-15-10 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CHAPTER 12 "TRAFFIC AND VEHICLES', SECTION 12,603 PROHIBITING PARKING IN CERTAIN PLACES; IN THE CITY OF SANGER CODE OF ORDINANCES IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 12, Article 12.600, of the Code of Ordinances, City of Sanger, Texas, is hereby amended by amending Section 12.603, adding (e) to read as follows: "Sec. 12.603 Parking Prohibited in Certain Places (a) It shall be unlawful for the driver of a vehicle to leave, stop, stand, or park such vehicle except in compliance with the directions of a police officer or traffic sign or signal within twenty-five feet (25') of the intersection of the north boundary line of Bolivar Street and the east boundary line of Fifth Street and within twenty-five feet (25') from the intersection of the south boundary line of Elm Street and the east boundary line of Fifth Street. (b) It shall be unlawful for the driver of a vehicle to leave, stop, stand, or park such vehicle, except in compliance with the directions of a police officer or traffic sign or signal, on the east side of Fifth Street between Bolivar Street and Elm Street, except in a diagonal or head - in parking position and within the designated parking lines. (c) It shall be unlawful for the driver of a vehicle to leave,. stop, stand, or park such vehicle, except in compliance with the directions of a police officer or traffic sign or signal, on the east and west access roads of Interstate 35 within the corporate limits of the City of Sanger as presently established and as said corporation lines may be changed or amended. (d) It shall be unlawfiil for the driver of a vehicle to leave, stop, stand, or park such vehicle, except in compliance with the directions of a police officer or traffic sign or signal, on the north side of Cherry Street from 4"' Street west one hundred and ten feet (I 10'). (e) It shall be unlawful for the driver of a vehicle to leave, stop, stand, or park such vehicle, except in compliance with the directions of a police officer or traffic sign or signal, on the west side of Tejas from Chippewa north to dead end. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional word, phrase, clause sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount to exceed the sum of five hundred dollars ($500.00) for each offense in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage, the publication of the caption, and after signs are posted, as the law and Charter in such cases provide. PASSED AND APPROVED this 7th day of September 2010, by the City Council of the City A Sanger, Texas. Thomas Muir, Mayor ATTEST: Tami Taber, City Secretary CITY OF NANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular El Special Special Consent Reviewed by Finance ❑Yes ®Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes El Not Applicable Council Meeting Date: Submitted By. September 7, 2010 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials ; 7 — Date ; ; ,// ACTION REQUESTED: ❑ORDINANCE ❑RESOLUTION # ®APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT F1 CONSENSUS ❑ OTHER AGENDA CAPTION Consider, discuss, and possibly act on the Replat of Marion Point Acres, being 24.99 acres in the R. Bebee Survey, located on the east side of Marion Road FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is Lot 7 of Marion Point Acres, and is located on the east side of Marion Road, north of FM 455/Chapman Drive. The property is located outside of Sanger's city limits and inside the city's extraterritorial jurisdiction (ETJ). Being outside the city limits, it does not lie within a zoning district. The property is undeveloped. The proposed replat would divide Lot 7 into two separate lots. The proposed Lot 7R1 would be 8.25 acres, and the proposed Lot 7R2 would be 16.51 acres. The replat would dedicate right-of-way along the east side of Marion Road, providing a total of 40 feet of right -or -way east of the centerline adjacent to the site. STAFF OPTIONS &RECOMMENDATION Staff has reviewed the proposed replat for compliance with the City of Sanger Subdivision Ordinance. Based on the review, Staff is recommending approval of the plat, subject to the following conditions: 1. The applicant amend the plat to include state plane coordinates, as required by Denton County, and 2. The applicant amend the plat to include the standard notations required by Denton County for plats within an extraterritorial jurisdiction. List of Supporting Documents/Exhibits Attached: • Prior Action/Review by Council, Boards, Commissions or Other AERIAL PHOTO OF LOCATION OF MARION POINT ACRES CITY V V SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes L.J Not Applicable Council Meeting Date: Submitted By: September 7, 2010 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION it ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider, discuss, and possibly act on the Preliminary Plat of Rita's Ranch, being 4.426 acres in the R. Bebee Survey, located on the west side of Union Hill Road FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The subject property is located on the west side of Union Hill Road, north of FM 455/Chapman Drive. The property is located outside of Sanger's city limits and inside the city's extraterritorial jurisdiction (ETJ). The property lies within the Lake Ray Roberts Zoning District. The property is undeveloped. The proposed preliminary plat would create two separate two -acre lots, and dedicate right -of --way along the west side of Union Hill Road. The right -of --way dedication would provide 30 feet of right-of-way on the west side of the centerline of Union Hill Road adjacent to the site. The balance of the property is not being platted at this time. That area would need to be submitted and reviewed separately before platted and developed. STAFF OPTIONS & RECOMMENDATION Staff has reviewed the proposed replat for compliance with the City of Sanger Subdivision Ordinance. Based on the review, Staff is recommending approval of the plat, subject to the following conditions: 1. The applicant amend the plat to include state plane coordinates, as required by Denton County, and 2. The applicant amend the plat to include the standard notations required by Denton County for plats within an extraterritorial jurisdiction. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Preliminary Plat of Rita's Ranch Agencies: • Aerial Photo of Subject Property On August 9, 2010, the Planning & Zoning Commission unanimously recommended approval of the Preliminary Plat of Rita's Ranch, subject to the conditions recommended by City Staff. AERIAL PHOTO OF LOCATION OF PRELIMINARY PLAT OF RITA' S RANCH r V14ss a IN 4 '. +f It It Sanger. TX� i _ .1 to hWL Q Schedule - EA FM 400 STATUS REPORT FM 2450 to Marion Road • Kick Off meeting was held 6/17/10 (See Meeting Minutes) • Prepared draft Design Summary Report and delivered to TxDOT for review and comment 6/29/10 • The aerial and surrey that was to be supplied by TOOT does not exist. Initial steps can be taken in the route study and the environmental process without the surrey information, but the survey is necessary to begin the schematic design. Dannenbaum is developing scope and fee to have the project flown and supplemental survey provided. • Dannenbaum will schedule a meeting through Denton County officials with the City of Sanger to discuss potential alternatives for the alignment of the project (this can be accomplished prior to the detailed survey information). Page 29 MEETING MINUTES DANNENBAUM ENGINEERING 4141 Blue Lake Circle Suite 240 Dallas, Texas 75244 Date/Time: June 17, 2010 / 9:30 am Location: Dallas District Office Project: FM 455 - Sanger Project Number: 452701 Subject: Project Kickoff Meeting Attendees: Mark Lorance, Danny Everett, Greg Vowels, Stan Hall, Buz Elsom, Jonathan Stewart, Nasser Askari Meeting Minutes • This job will be traditional planning with all steps. • Historical Ranch may push us towards EA/FONSI versus CE.May be able to get away with less but that does not seem likely to happen. Go EA route. • Will be run as a TxDOT job through the District office. • Need to get DSR and forward to TxDOT (DEC) • TxDOT will send updated schematic and design checklists (TxDOT) • DEC does not have aerial, TxDOT indicates they should have it. * *After the meeting concluded it was verified that TxDOT has not surveyed or flown the job. • TxDOT should have 2009 and 20 year traffic and will send to DEC (TxDOT) • Mark Lorance is DEC PM, Greg Vowels DEC Deputy PM and dayAo-day contact, Danny Everett, DEC Production Manager. • Communication — copy Buz on all major items but not all the small issues. • DEC will send bi-weekly status updates as a way to keep the communication lines open. This report will be a short concise update and include, if any, outstanding issues that need resolution. • Buz needs detailed report prior to Precinct Meeting which is the 2'a Wed of the month. • Bill will need to be sent to both Nasir and Buz. Nasir will approve based on project progress. • Stan does not need to be copied in update emails. • All existing utilities will need to be shown on the schematic. • Some of the older houses along the job may impact the schedule of the EA. • HDR has the schematic for IH 35. • Possible project will have both a rural and urban section. • Design speed will be 45mph. Page 30 • Begin design as a fu1144ane section with median and we may negotiate down to a lesser typical section. • Assume 6' sidewalk on both sides with a buffer zone (start with 4') between the sidewalk and curb. Can go down to a 5' sidewalk a as a last resort place against the back of curb where ROW may be limited or lack the ability to tie in. • Prefer to put PROP ROW on one side and hold EXIST ROW on one side. • Buz or Hugh Coleman will set up a meeting with the City of Sanger (Denton County) • Buz will be the point of contact with the City of Sanger. • Need to have a kick off meeting with the City and County. • Need to annotate and provide documentation of all alternatives that we explore. This will help with the EA process. Can you show different ROW locations as alternatives. • Need to show all drainage easements and ensure they are large enough in the schematic phase. Having to go back after the schematic phase will cause an impact to the EA. • Need to avoid any fill in the creek area. • Need to size all cross drainage structures in the schematic phase. • DEC needs to provide a schedule to everyone (DEC) Note: Action items are listed in bold and responsible party in parenthesis. Page 31 Limits From : _trim _ Deer Run Drive (To): Clear Creek 13rid Length: 0.6 miles Est. Const. Cost: $27126880 Description of Project: Construction of asphalt roadway along with associated stormwater improvements and sanitary sewer improvements Current Activity ■ The construction contract was awarded to Calvert Paving at the July 19, 2010, City Council meeting. ■ Calvert Paving submitted contracts for execution on July 21, 2010. ■ The City submitted contracts to Calvert Paving for them to sign and return to the staff for final execution. ■ Apre-construction meeting will take place the last week of July 2010. Page 35 IH 3 ) E Ultimate Status Report • Judge Horn sent a letter to Congressman Burgess requesting assistance with FHWA issues. • A conference call on June 14`h, 2010 was set up by Congressman Burgess that included his office, FHWA in Washington D.C., FHWA in Austin, TxDOT Headquarters, TxDOT Dallas, NCTCOG and Denton County. • The Delivery Team met on July 15, 2010 at COG to discuss status of Environmental and Legislative strategies. • July 21, 2010 the IH 35E Stakeholders Sub -Committee of the DRMC met to discuss status of project funding and Legislative strategies. Current Schedule: • October 28, 2009: Received Federal Highway Administration's satisfactory for• further processing (SFP) on the schematic for all three segments of IH 35E Middle Section: • June 25, 2010 — TxDOT to submit employment opportunities impact assessment technical report to FHWA. • July 15, 2010: Received Federal Highway Administration's satisfactory for further processing on the • September 2010 — Conduct Public Hearing • January 2011 — Anticipating Environmental Clearance from FHWA. • Summer 2011 — Right of Way (ROW) Acquisition (To Begin after FONSI is obtained). • 2011 / 2012 — Early Project Construction may begin. North/South Sections: • The North and South sections action dates are to follow approximately one month behind the Middle Section. Page 36 David J. Park Vice President Rates & Reaulatory Affairs August 23, 2010 City Official Re: Rider GCR -Rate Filing under Docket No. 9762 Enclosed is Atmos Energy Corp., Mid -Tex Division's Statement of Rider GCR applicable for the September 2010 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative proposes only and no action is required on your city's part. Should you have any questions, please let me know. Sincerely, Attachment Aimos Energy Corporation 5420 LBJ Freev�ay, Suite 1862 Dallas, TX 75240 P 214-zM2568 F 214-206-2126 David.Park@atmosenergy.com = N 0 UU U O 0z0oZZ � � ❑ o ❑ W N Y O j LL d 0 U cDx0 0 0 EU❑ w LU < U)t- Z00000t W to W W Lou _! U) � of loollso 0 oU) uj D CL c� U C L o (D O 117 O (n O co ti N N ti co V 0' Q Nm m �v� r ..i.. UN (D M M r` r` _ N C 69 (2> di N @69, f"' O N r = N �t t` Ef3 N co V of N CO (D h (D CQ .�. E co pi � O r CO co t.. 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