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
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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
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