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06/07/2010-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, DUNE 79 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: May 17, 2010 -Work Session May 17, 2010 - Council Meeting b) Disbursements c) Consider Approval of the First Amendment to the AEPEP Power Contract Extending the Terms of the Contract Through May 2014 d) Consider Approval of Contract with Fuelman for Purchasing Fuel and Authorize City Manager to Execute same 4. Consider any Items Removed fi•om Consent Agenda. REGULAR AGENDA 5. Consider Approval of Engaging Weaver LLP for Audit Services for Fiscal Year 2010/ZO11. 6. Conduct a Public Hearing on a Request For a Specific Use Permit for a Quicic Service Food and Beverage Shop on Property Legally Described as Lot 49 Block 19 Elm Street Addition, Located at 403 North Stemmons Freeway. 7. Consider, Discuss, and Possibly Act on Ordinance 06-12-10-Request for a Specific Quick Service Food and Beverage Shop on Property Legally Described as Lot Street Addition, Located at 403 North Stemmons Freeway. S. Information Items: a) Monthly Library Report b) Atmos Energy Rider GCR —Rate Filing Under Docket No. 9762. Use Permit for a 4, Block 1, Elm c) Appointment to the Denco Area 944 District Board of Managers —Nomination Form. d) List of Remaining Dates in 2010 for Official City Council Meetings. 9. 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 blic at all times, and said notice was posted on the following date and time. O at q; C7c) (Lm. and shall remain posted until meeting is adjourne 0� SqA R� , t �s Tami Taber, City Secretary 1_How City of Sanger, Texas \ b '',�0<<!llilllil6llt��'�� This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL WORK SESSION May 17, 2010 PRESENT: Mayor Higgs, Councilman Thomas Muir, Councilman Russell Martin, Councilman Rusty Patton and Councilman Garza ABSENT: Councilman Glenn Ervin OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Marjory Johnson, Nathan Maddox, Meredith Denton and Gary Bilyeu 1. Call Meeting to Order. Mayor Higgs called the meeting to order. 2. Discussion of Personnel Projection for 2011 Through 2016. City Manager gave a Power Point presentation. 3. Overview of Items on Regular Agenda. 5. Adjournment. Mayor Higgs adjourned the meeting. MINUTES: CITY COUNCIL MEETING May 17, 2010 PRESENT: Outgoing Mayor Higgs, Incoming Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Rusty Patton Councilman Gary Bilyeu and Councilman Andy Garza ABSENT: Councilman Glenn Ervin OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Elizabeth Higgs, Elizabeth Muir, Julia Muir, Bella Muir, Grace Muir, Sonya Iliff, Meredith Denton, Nathan Maddox, Joe Iliff and Richard Muir 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Outgoing Mayor Higgs called the meeting to order and led the Invocation followed by Incoming Mayor Muir leading the Pledge of Allegiance. 2. Issue Statements of Appointed Officials and Oaths of Office. 3. Appointment of Council Member to Fill Place 1 Vacancy. Councilman Garza made a motion to appoint Marjory Johnson to fill the unexpired term of Place 1. Councilman Patton seconded. Motion carried unanimously. 4 Appoint Mayor Pro-Tem. Councilman Patton nominated Councilman Garza. Seconded by Russell Martin. Motion was approved 4-0, with Councilman Garza abstaining. 5. Proclamation #OS-17-10 Commending Mayor Higgs Co his Service as Mayor. Councilman Patton made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 6. 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 7. a) Approval of Minutes: May 3, 2010 -City Council Meeting b) Disbursements c) Approve Budget Amendment Request 1 Motion was made by Councilman Martin to approve the Consent Agenda. Motion was seconded by Councilwoman Johnson. Motion carried unanimously. 8. Consider any Items Removed from Consent Agenda. REGULAR AGENDA 9. Consider, Discuss and Possibly Act the Proposed Minor Plat of Lots 1 and 2, Grissom Estates. Councilman Patton made a motion to approve. Councilwoman Marjory Johnson seconded. Motion carried unanimously. 10. Consider, Discuss and Possibly Act on the Proposed Minor Plat of Lot 28R1 and Lot 28112, Block 20, Hampton's Second Addition. Councilman Martin made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 11. Consider, Discuss, and Possibly Act on Award of Contract to Dean Construction as the Construction Manager at Risk (CMR) for the Porter Sports Complex and Keaton Road Extension, City Manager advised that request for proposals were sent out and there were approximately 1041 responses. The majority of them were structural and Dean Construction has more sports parks experience. Councilman Patton made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 12. Information Items: a) City of Sanger Investment Report 13. Adjournment. Mayor Muir adjourned the meeting. 5/14/2010 11:39 AM DIRECT PAYABLES CHECK REGISTER PACKET: C3182 Direct Payablescm VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT PAGE: 1 CHECK CHECK CHECK CHECK Vc..DOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 13380 SANGER BANK 1-201005142983 07071866 00055 #58 R 5/14/2010 1,542.07 042953 1,542.07 ** B A N K T O T A L S ** NO# DISCOUNTS CHECK AMT TOTAL APPLSED REGULAR CHECKS: 1 0.00 1,542.07 1,542.07 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 BANK TOTALS: 1 0.00 1,54'_.07 1,542.07 5/18/2010 2:20 PM PACKET: 03187 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT ,dDOR NAME / I.D. DESC A / P CHECK REGISTER 13080 BLUE CROSS BLUE SHIELD I-201005062917 COBRA PREMIUMS I-BHC201004222899 MEDICAL BCBS HI PPO CHILD I-BHF201004222899 MEDICAL BCBS HI PPO FAMILY I-BH0201004222899 MEDICAL HIGH PPO - EMPLOYEE I-BHS201004222899 MEDICAL BCBS HI PPO SPOUSE I-BLC201004222899 MEDICAL BCBS LOW PPO CHILD I-BLF201004222899 MEDICAL BCBS LOW PPO FAMILY I-BLS201004222899 MEDICAL BCBS LOW PPO SPOUSE I-INS201004082835 HEALTH INSURANCE I-INS201004222899 HEALTH INSURANCE 18650 FORT DEARBORN LIFE INSURANCE I-FD1201004222899 LIFE INSURANCE - REDUCED AMT I-FTD201004222899 EMPLOYEE LIFE INSURANCE CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# R 5/16/2010 11034.47CR 092974 R 5/18/2010 31235.68CR 042974 R 5/18/2010 616.92CR 042974 R 5/18/2010 9,320.13CR 042974 R 5/18/2010 11643949CR 042974 R 5/18/2010 11329.84CR 042974 R 5/18/2010 6,488.02CR 042974 R 5/18/2010 962.20CR 042974 R 5/18/2010 2,625*00CR 042974 R 5/18/2010 2,625.00CR 042974 R 5/18/2010 2.94CR 042975 R 5/18/2010 195.00CR 042975 06770 SUN LZFE FINANCIAL I-201005062916 COBRA - CHAVEZ R 5/18/2010 48.95CR 042976 I-SLD2010040B2835 DEPENDENT DENTAL R 5/18/2010 121.40CR 042976 I-SLD201004222899 DEPENDENT DENTAL R 5/18/2010 121.30CR 042976 I-SLF201004082835 FAMILY DENTAL R 5/18/2010 408.80CR 042976 I-SLF201004222899 FAMILY DENTAL R 5/18/2010 408o66CR 042976 I-SLS201004222899 EMPLOYEE DENTAL R 5/18/2010 11308.04CR 042976 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 3 0.00 32,495634 32,495,34 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 TOTAL ERRORS: 0 REGISTER TOTALS: TOTAL WARNINGS n R3 0.00 32,495.34 32,495.34 PAGE: 1 CHECK AMOUNT 29,880.75'' 197.44 2,417.15 5/21/2010 10:46 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03205 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK -- VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 09600 AFLAC I-AFK201004082835 INSURANCE R 5/21/2010 85.14CR 043035 I-AFK201004222899 INSURANCE R 5/21/2010 85.14CR 043035 I-AFL201004082835 INSURANCE R 5/21/2010 830.92CR 043035 I-AFL201004222899 INSURANCE R 5/21/2010 830.85CR 043035 1,B32.05 03320 COLONIAL LIFE INSURANCE I-COL201004082835 HEALTH INSURANCE R 5/21/2010 11.80CR 043036 I-COL201004222899 HEALTH INSURANCE R 5/21/2010 11.BOCR 043036 I-LIF201004082835 LIFE INSURANCE R 5/21/2010 58.83CR 043036 I-LIF201004222899 LIFE INSURANCE R 5/21/2010 58681CR 043036 141.24 10610 LEADERSLIFE INS. COMPANY I-LLI201004082835 LIFE INSURANCE R 5/21/2010 60.66CR 043037 I-LLI201004222899 LIFE INSURANCE R 5/21/2010 60666CR 043037 121632 05400 PRE -PAID LEGAL CASUALTY I-PPL201004082835 PREPAID LEGAL SERVICES R 5/21/2010 7.48CR 043038 I-PPL201004222899 PREPAID LEGAL SERVICES R 5/21/2010 7.48CR 043038 14.96 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 4 0.00 2/109657 2/109657 HANDWRITTEN CHECKS: 0 0.00 0000 0000 PRE -WRITE CHECKS: 0 0900 0000 0400 DRAFTS: 0 0600 0.00 0.00 VOID CHECKS: 0 0.00 0600 0600 NON CHECKS: 0 0.00 0000 0600 CORRECTIONS: 0 0000 0.00 0.00 REGISTER TOTALS: 4 0000 2,109.57 2,109.57 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 5/25/2010 2:54 PM PACKET: 03213 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT vENDOR NAME / Z.D. DESC 12650 TEXAS COMMISSION OF FIRE PROTECTION I-201005253021 TESTING FEES TOTAL ERRORS: 0 A / P CHECK REGISTER ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 5/25/2010 CHECK DISCOUNT AMOUNT NO# 70.00CR 043041 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 70.00 70.00 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 0 0.00 0.00 0.00 1 0.00 70.00 70.00 PAGE: 1 CHECK AMOUNT 70.00 5/26/2010 8:59 AM A / P CHECK REGISTER PAGE: 1 PACKET: 03217 Regular Payments VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK .DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 01550 ATMOS I-201005253017 3/31 - 5/03 R 5/26/2010 58.32CR 043042 58.32 02490 CENTURYLINK I-201005263023 940-458-2059 R 5/26/2010 11281935CR 043043 1,281.35 21100 COLEMAN LAW FIRM I-201005243006 MAY 2010 R 5/26/2010 962.50CR 043044 962.50 00800 COSERV ELECTRIC I-201005263022 2/25 - 3/29 R 5/26/2010 11442047CR 043045 1,442.47 18190 DEPARTMENT OF INFORMATION RESOURCE I-10030929T MARCH 2O10 R 5/26/2010 43071CR 043046 43071 04230 RONNIE GRACE I-201005243011 REIMB FOR CDL LICENSE R 5/26/2010 52.000R 043047 52000 02910 UPPER TRINITY I-W271005 APRIL 2010 R 5/26/2010 18,021.02CR 043048 18,021.02 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 7 0.00 21,861.37 21,861.37 HANDWRITTEN CHECKS: 0 0900 0600 0600 PRE -WRITE CHECKS: 0 0.00 0000 0.00 DRAFTS: 0 0.00 0400 0600 VOID CHECKS: 0 0000 0.00 0.00 NON CHECKS: 0 0900 0.00 0.00 CORRECTIONS: 0 0400 0000 0.00 REGISTER TOTALS: 7 0.00 21,861.37 21,861*37 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 5/27/2010 2:19 PM DIRECT PAYABLES CHECK REGISTER PAGE: 1 PACKET: 03219 Direct Payablescm VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ."NDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 00600 CITY OF SANGER I-201005273024 301 BOLIVAR / 201 BOLIVAR R 5/27/2010 ** B A N K T O T A L S ** NO# DISCOUNTS REGULAR CHECKS: 1 0.00 HANDWRITTEN CHECKS: 0 0.00 PRE -WRITE CHECKS: 0 0.00 DRAFTS: 0 0.00 VOID CHECKS: 0 0.00 NON CHECKS: 0 0.00 CORRECTIONS: 0 0.00 BANK TOTALS: 1 0.00 1,212.05 093049 1,212.05 CHECK AMT TOTAL APPLIED 1,212605 1,212.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,212.05 1,212.05 5/28/2010 2:43 PM PACKET: 03222 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT A / P CHECK REGISTER PAGE: 1 CHECK CHECK CHECK CHECK .dDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 16990 ADVANCED RESCUE SYSTEM I-1002 POWER PLANT HOSE R671 R 5/28/2010 565.000R 043051 565.00 15890 ALL AMERICAN SURVEYING I-13608 SURVEY 201&205 BOLIVAR R 5/28/2010 750vOOCR 043052 I-13646 STAKE LEASE TRACT R 5/28/2010 267.50CR 043052 1,017.50 19050 AMAZON I-201005283637 5 DVD'S R 5/28/2010 65646CR 043053 65.46 18100 AMERICAN MUNICIPAL SERVICES I-5831 MARCH 2O10 COLLECTION R 5/28/2010 322.44CR 043054 I-5941 APRIL COLLECTION R 5/28/2010 38B.42CR 043054 710.86 00270 ANIMAL HOSPITAL ON MILAM RD, P.C. I-116141 VET SERVICE APRIL 2010 R 5/28/2010 136.000R 043055 136.00 22010 AUBREY FIRE DEPT I-7 FIRE OFFICER I R 5/28/2010 250600CR 043056 250900 1 BLUE CROSS BLUE SHIELD I-201005243009 LARRY K R 5/28/2010 199.14CR 043057 199,14 ''0 JIM BOLZ I-201005283032 PUMP & MOTOR MAIN R 5/28/2010 25.00CR 043058 25600 00420 BOUND TREE MEDICAL, LLC I-80417956 GLOVES,NEEDLES R 5/28/2010 70.45CR 043059 I-80419107 GLOVES,NEEDLES R 5/28/2010 103.68CR 043059 I-87148641 PENLIGHT,H2O,GLOVES,NITRO R 5/28/2010 11244.55CR 043059 1,418.68 22000 CALVERT PAVING I-2924 5TH & HOUSTON R 5/28/2010 21141.000R 043060 21141*00 22020 CENTER FOR AMERICAN AND INTERNATIONAL LAW I-201005253016 P&Z FOR LAWYER,PLANNERS R 5/28/2010 160.00CR 043061 160.00 20840 CHA I-212561 COWLING RD OVERLAY R 5/28/2010 21350.00CR 043062 2,350.00 00590 CITY OF DENTON I-201005283026 WATER TESTS 4/11 - 5/12 R 5/28/2010 121.40CR 043063 121.40 5/28/2010 2:43 PM A / P CHECK REGISTER PAGE: 2 PACKET: 03222 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 12930 CLIA LABORATORY PROGRAM I-201005283036 2 YEAR CERTIFICATE R 5/28/2010 150600CR 043064 150.00 00640 COMMERCIAL SERVICES I-201005253020 MAY 2010 ICE MAKER R 5/28/2010 400.00CR 043065 400.00 08880 COOPER'S COPIES I-89899 COLORPRINTS,LAMINATE R 5/28/2010 176.94CR 043066 176.94 00790 COUNTY BUILDERS SUPPLY, INC. I-10025523 MISC TOOLS R 5/28/2010 96.96CR 043067 96.96 08770 CPI OFFICE PRODUCTS I-2554550-0 BLK/COLOR INK,FILES,PAPER R 5/28/2010 281.19CR 043068 I-91557 TAPE CORRECTOR, PAPER R 5/28/2010 193.73CR 043068 474.92 00710 DATA BUSINESS FORMS INC. I-76575 PO REQ BOOKS R 5/28/2010 382.93CR 043069 382.93 10170 DIVERSIFIED INSPECTIONS, INC. I-187663 BUCKET TRUCKS,TOOLF R 5/28/2010 11583.63CR 043070 1,583.63 17640 DOLLAR GENERAL - CHARGED SALES I-104974 TP, PAPER TOWELS R 5/28/2010 41.75CR 043071 I-104983 CUPS,SWEETNLOW,SALT/PEPPE R 5/28/2010 50.lOCR 043071 91.85 06080 DONALD PADDACK FERTILIZER 1-248089 TURF COLORANT R 5/28/2010 141.75CR 043072 141.75 03150 VICTORIA ELIESON I-201005253015 DENTON CO LIBRARIANS MEET R 5/28/2010 9.37CR 043073 I-201005283029 TX LIBRARY ASSOC CONF R 5/28/2010 515.71CR 043073 525.08 20980 EXPRESS SERVICES, INC. I-98470462-7 CORTEZ 5/2 R 5/28/2010 530o79CR 043074 530.79 19270 FAMILY DOLLAR I-5/13/10 PAPER TOWELS,SOAP,CLEANER R 5/28/2010 49.SOCR 043075 49.50 22030 DHS/FEMA I-201005253013 REFUND R 5/28/2010 181.30CR 043076 181.30 5/28/2010 2:43 PM A / P CHECK REGISTER PACKET: 03222 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK .ENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750YD1004 TERRY KARLOFF R 5/28/2010 20.50CR 043077 18790 FUELMAN ( I-NP29755789 FUEL 5/3 - 5/9 R 5/28/2010 21222.69CR 043078 i 08980 GODI EXTERMINATING t I-1129350 TREATED FOR TERMITES R 5/28/2010 400aOOCR 043079 02610 HD SUPPLY, INC I-1478761-00 3" ALUMINUM RISER PIPE R 5/28/2010 11390400CR 043080 14050 E HOUR PERSONNEL SERVICES, INC I-008703 KENNEDY 5/2 R 5/28/2010 580.000R 043081 I-8704 DOUGLAS 5/2 R 5/28/2010 608.80CR 043081 I-8724 KENNEDY 5/9 R 5/28/2010 464900CR 043081 I-8725 DOUGLAS 5/9 R 5/28/2010 608o8OCR 043081 20760 IAFC I-201005253014 DUES R 5/28/2010 234.000R 043082 E Y 05510 IESI 1-1200111335 ROLL OFF 4/20 R 5/28/2010 651.81CR 043083 20220 INGRAM I-51409612 24 BOOKS R 5/28/2010 46.71CR 043084 i [' 01300 JAGOE-PUBLIC CO., INC. { I-10809MB 60 TONS HOT MIX R 5/28/2010 412932CR 043085 I-10827MB 60 TONS HOT MIX R 5/28/2010 395052CR 043085 i 17060 LEAD 11 EXCELLENCE g I-04282010S 1/10 - 4/10/2010 EMS CE R 5/28/2010 864.000R 043086 19360 LEADS ON LINE I-216622 12 MONTHS RENEWAL R 5/28/2010 1,428600CR 043087 12300 NAEIR I-362138 42 EDUCATIONAL DVDS R 5/28/2010 50.32CR 043088 20150 ADAM NORTH I-201005283033 TEST FEE R 5/28/2010 35.000R 043089 PAGE: 3 CHECK AMOUNT 20.50 2,222.69 400.00 1,390.00 2,261.60 234.00 651.81 46.71 807.84 864.00 1,428.00 50.32 35.00 PAGE: 4 5/28/2010 2:43 PM A / P CHECK REGISTER PACKET: 03222 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT DOR NAME / I.D. DESC 05170 NORTHERN SAFETY I-271224701012 FULL BRIM HARD HATS 17270 PROFESSIONAL TURF PRODUCTS I-1105512-00 TINES- INFIELD GROOMER 02170 REINERT PAPER & CHEMICAL, INC. I-250112 MIST AWAY,PAPER TOWELS 11170 RICOH AMERICAS CORP:QDS I-16745840 COPIER 02200 ROADRUNNER TRAFFIC SUPPLY, INC. I-36810 25 SIGNS 02520 S F F M A I-201005243008 ADVANCED,INTERM,BASIC 11930 SANGER SPORTS CENTER I-201005283034 TRASH OFF T-SHIRTS 21670 JOHN SCHUBERT I-201005283028 REIMB VIN & APP FEE I SHOW ME BOOKS _.040 i I-15334 11 BOOKS I 17400 PRECIOUS STAFFORD I-51410 MAY 11 - 14 18620 STERICYCLE [ I-4001640755 BIO PICK-UP 's E I-4001711052 BIO PICK-UP 02690 TECHLINE, INC. r I-1445283-00 150OW MH W/ TAP BALLAST I-1445324-00 #2 TRIPLEX OH I 02600 TEEX - EUPWTI I-201005283030 RAY VINSON / JIM BOLZ 12650 TEXAS COMMISSION OF FIRE PROTECTION I-201005243007 INSTRUCTOR I CHECK CHECK TYPE DATE R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/2B/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 R 5/28/2010 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 83.58CR 043090 83.58 225.000R 043091 225.00 227615CR 043092 227.15 227671CR 043093 227.71 894.2OCR 043094 894.20 100.000R 043095 100.00 500vOOCR 043096 500.00 8.00CR 043097 8.00 132900CR 043098 132.00 218.25CR 043099 21B.25 19.72CR 043100 19.72CR 043100 39.44 11120.000R 043101 510.000R 043101 1,630.00 550.000R 043102 550.00 35.000R 043103 35.00 5/28/2010 2:43 PM A / P CHECK REGISTER PAGE: 5 PACKET: 03222 Regular PaymentsCM VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK .ENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 19260 TYLER TECHNOLOGIES I-164204 ONLINE UT BILLING R 5/28/2010 110600CR 043104 I-164205 COURT ONLINE R 5/28/2010 125.00CR 043104 I-164434 ANNUAL RCPT PRINTER MAINT R 5/28/2010 410.00CR 043104 645.00 07650 RAYMOND VINSON I-201005283031 PUMP & MOTOR MAIN R 5/2B/2010 25.00CR 043105 25.00 16640 WATCH GUARD VIDEO I-201005243010 REPAIR OF IN CAR VIDEO R 5/28/2010 38.75CR 043106 38.75 19160 WORKERS ASSISTANCE PROGRAM, INC. I-36084 APRIL 2010 R 5/28/2010 144.18CR 043107 144.18 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 57 0.00 30,081.42 30,081442 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: 57 0.00 30,081.42 30,081.42 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 5/28/2010 8:48 AM PACKET: 03220 Direct Payablescm VENDOR SET: 99 AP VENDOR SET BANK: POOL POOLED CASH ACCOUNT b_ FOR I.D. NAME 18430 I-2010OS283025 DIRECT PAYABLES CHECK REGISTER CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# ------------------ FIRST UNITED BANK BRAZOS MARCH 21 - APRIL 20 R 5/28/2010 ** 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 DISCOUNTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE: 1 CHECK AMOUNT ----------------- 46,703.98 093050 46,703.98 CHECK AMT TOTAL APPLIED 46,703698 46,703.9E 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 46,703.98 46,703.98 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: June 7, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials A� Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider Approval the First Amendment to the AEPEP Power Contract Extending the Terms of the Contract Through May of 2014. 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 When we negotiated the new wholesale power contract with AEPEP we asked for a five-year. contract: AEPEP was only willing to go out three years at the time. After meeting with their Credit department this spring and their review of our audit, they were impressed with the significant increase we had made in fund balances. We then began the process of extending the contract by two more years. This amendment extends the contract through May 31, 2014 and locks in the price during that time. The' price fluctuates daily and we will not have the exact price until the day of the meeting; however, it should be right around our current price of $61.20/MWh. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents: • Agreement Prior Actian/Review by Council, Boards, Commissions or Other Agencies: • None FIRST AMENDMENT TO MARKET BASED RATE FULL REQUIREMENTS AGREEMENT THIS FIRST AMENDMENT is made effective May 2010, by and between AEP ENERGY PARTNERS, INC. ("Company") and CITY OF SANGER, TX ("Customer"). Company and Customer are each individually a "Party," or collectively, the "Parties"). A. WHEREAS, Customer and Company are Parties to that certain Market Based Rate Full Requirements Agreement dated as of May 4, 2009 ("Agreement"); and B. WHEREAS, the Parties mutually desire to modify certain terms and conditions of the Agreement, as amended, as more fully set forth herein. NOW THEREFORE, in consideration of the mutual promises, conditions, and covenants contained in the Agreement, including this Amendment hereto, the Parties agree as follows: A. Section 2.2 is deleted in its entirety and shall be restated as follows: " 2.2 Delivery Period The Delivery Period shall commence on May 21, 2009 through May 31, 2014 from hours ending 0100 through 2400 Central Prevailing Time. The parties may mutually agree to extend the Delivery Period for a mutually agreed time period at mutually agreed pricing reflective of current market conditions with all other Agreement terms and conditions the same." B. The Parties hereby renew to each other as of the date of this First Amendment the representations and warranties set forth in Article 11 of the Agreement. Except as expressly modified herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this First Amendment has been duly executed by the Parties hereto. CITY OF SANGER, TX AEP ENERGY PARTNERS, INC. By: By: Name: Name: Title: Title: Date: Date: Doc #401984.v1 Daie: fi/3/2010 11:02 AM �ngeh TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes ❑ Not Applicable Ll Yes Ll Not Applicable Council Meeting Date: June 7, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date — Lit (� ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ® AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider Approval of Contract with Fuelman for purchasing fuel and authorize City Manager to execute. 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 We have been piggybacking on Tarrant County's Fuelman contract. It expires in July and Tarrant County is not renewing. The contract is exactly what we have now, except we will not be attached to an Interlocal agreement with Tarrant County and we would be entering into our own agreement with Fuelman. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents: • Letter dated May 25, 2010 from Tom Berry, Fuelman • Account Agreement Prior Action/Review by Council, Boards, Commissions or Other Agencies: • None at Barney Holland On Company Est. 1928 1226 E. Weatherford St. Fort Worth, Texas 76102-3345 P (817) 838-0123 (800) 499-FUEL F (817) 222-3456 www.fuelmandfw.com May 25, 2010 Mr. Mike Brice City of Sanger P.O. Box 1729 Sanger, TX Dear Mike, RE: Agreement for Fuel Cards Our information indicates that Fuelman of DFW pricing and terms to you are based on your "inter -local" or cooperative buying agreement with Tarrant County. You may have received notice that Tarrant County is not renewing their present contract with Fuelman of DFW for Fleet Cards. We apologize for any delay in notification to you but we just received the notice fiom Tarrant County not to renew on Tuesday (May 4, 2010) and until then were not aware of the decision. You have two options; you may piggy -back on the Dallas County Agreement (details below) and continue with your present arrangement with rue man of DFW or enter into a separate contract with us. Let me assure you that Fuelman of DFW is more than willing to extend your present terms; services and pricing you now have in place for up to two years. It would be an invisible to the fleet, same billing, same local customer service, same cards, same pin number, same reports etc. This will assure no interruption of services. We were surprised at this decision due to our 13 plus years with Tarrant County contract, but hopefully you will elect to continue utilizing Fuelman of DFW as your fleet card provider through the Dallas County Agreement or direct contract with us. The Tarrant County Agreement is active until July 31, 2010, so there is no immediate deadline, but we wanted to make you aware as soon as we were notified. The Dallas County contacts are: • Shelia Graham 214-653-6574 shelia.araham(cr�dallascounty.orQ • Linda Boles 214-653-6500 They will explain the application process to be part of their contract. I am sure you will have some questions (if not concerns), feel free Loco me for additional details. Thank you again for your confidence in Fuelman of DFW. Tom Berry Director of Sales This Account Agreement ("Agreement") is subject to all appropriate laws, rules, and regulations of both the U.S. and the State of Texas, and is subject to the following special terms and conditions. Fuelman of DFW (FM) reserves the right to change the terms and conditions at anytime with prior notice being given to Customer. 1. All payments are due in monthly (30) days. 2. Monthly billing for all purchases made the previous week. 3. Select a delivery method of weekly reports and invoice. You may only choose one method ❑ Web Access ❑Email (not applicable if web access) ❑Mail Fuel pricing will be calculated on a "cost plus" formula. "Cost Plus" is defined as the OPTS rack and brand information assigned to the network location, plus all state and federal fees/ taxes, plus freight, plus Fuelman standard administration charges that are currently $.13 per gallon for regular unleaded gasoline and $.13 for diesel. This administration charge provides weekly settlement to merchants, all transaction costs, standard data retrieval and report generation delivered electronically and supplies necessary for account maintenance. Fuelman reserves the right to increase or decrease such administrative charges from time to time depending on market factors, interest rates, inflation, etc. Customer understands that FM is a service company providing customers with electronic purchase and credit authorization, transaction processing, and management reporting services. Customer will be entitled to all the privileges of a FM customer and may purchase fuel and any other goods or services, as authorized by FM, at participating FM locations throughout the United States. Customer agrees that if Customer defaults in the timely payment of any invoiced amounts, past due amounts will bear interest from the past due date, as reflected on the FM billing statement, at the rate of one and one-half percent (1'/2%) per month from and after the due date and, if placed in the hands of an attorney or other third party for collection, FM will ask the court to award all attorneys' and other collection fees, court costs, and filing fees as part of any judgment. Nothing herein will allow for the collection of interest in violation of any state or federal laws and any amount charged or collected in excess of the allowable limits will be credited to the balance of this account or, if the account has been paid in full, refunded to Customer. Any disputed charges must be identified by Customer within 60-days of original invoice date. After 60-days, all charges are considered valid. If Customer asks for a copy of any historic information pertaining to its account; Customer agrees to pay Fuelman's then -current retrieval/research fee that is computed on a per -hour basis with a two hour minimum for any report/data retrieval services. To ensure effective communication among -your Fleet Manager, your Accounts Payable Representative, and FM, provide the requested contact information. Up-to-date information about your account will be communicated through these channels. If your account becomes past due or exceeds the assigned credit limit, the listed individual may be notified electronically to avoid a disruption in service. Upon approval of your FM account, a test notice will be sent to each of the contacts. Please contact FM customer service if any of this information changes, such as a new Accounts Payable or Fleet Manager contacts. Customer agrees to the terms and provisions of this Agreement as set forth herein. Customer further agrees that, upon receipt of FM access cards and personal identification numbers (PINs), Customer will verify that the Customer's census of persons designated to acquire fuel on the Customer's account is correct and complete. Moreover, Customer agrees to designate one or more persons that are authorized to make changes and will notify FM in writing of the names) of such authorized person(s) and of any and all authorized changes in vehicles or personnel approved to acquire fuel for use by Customer's fleet. Customer also agrees to keep current its information on the designated and authorized personnel who may interact with FM regarding Customer's account. Agreed to and accepted this Company: Signature: Title: day of , 20 Printed Name: Date: REVISION 05192010 Ageh �xEns 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: June 7, 2010 Submitted By: Mike Brice City Manager Reviewed/Approval Initials ✓�� Date ,er ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION [:]APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider Approval of Engaging Weaver LLP for Audit Services For 2010. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS [:]OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Four responses were submitted to the request for proposal for audit services. A committee consisting of Thomas Muir CPA, Cheryl Estes CPA, Mike Brice, City Manager and Tami Taber, City Secretary interviewed all four firms. The committee narrowed the field to two firms Weaver LLP and Patillo, Brown and Hill. Both firms have extensive backgrounds in municipal audits and the committee believes that either firm would do an excellent job. Both firms do work in the Metro Area, however, the committee felt that with Weaver being located in Fort Worth and Patillo in Waco, Weaver would be more accessible. The other major factor was estimated price. Patillo provided a not -to exceed price of $43,000. After speaking with their contact, Patillo felt that it probably would not be that much but would be close. Weaver provided an estimate of $32,000 and after talking to their representative, he felt that they could do it for that price, however, it is not a guaranteed price. Therefore, the consensus of the committee is to recommend Weaver LLP for engagement. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents: • Contract Prior Action/Review by Council, Boards, Commissions or Other Agencies: • None June 1, 2010 Mr. Mike Brice City Manager 201 Bolivar P.O. Box 1729 Sanger, Texas 76266 We are pleased to confnm our understanding of the services we are to provide City of Sanger (the City) for the year ending September 30, 2010. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of City of Sanger as of and for the year ending September 30, 2010. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis 2) Schedules of Revenues, Expenditures, and Changes in Fund Balance —Budget and Actual 3) Schedules of Revenues, Expenditures, and Changes in Net Assets — Budget and Actual — Proprietary Fund 4) Texas Municipal Retirement Systems Schedule of Funding Progress Supplementary information other than RSI also accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional AN INDEPENDENT MEMBER OF BAKER TILLY INTERNATIONAL WEAVER AND TIDWELL LLP CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS WWW.WEAVERLLP.COM FORT WORTH 2821 W SEVENTH STREET, SUITE 700, FORT WORTH, TX 76107 P: (817) 332 7905 F: (817) 429 5936 Mr. Mike Brice City Manager June 1, 2010 Page 2 procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1) Combining Schedule of Revenues and Expenses —Special Revenue Funds 2) Analysis of Property Taxes Receivable Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the Financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Mr. Mike Brice City Manager June 1, 2010 Page 3 Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation A the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles, and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business4ype activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted Mr. Mike Brice City Manager June 1, 2010 accounting principles. You agree to include ow report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or Aber studies. You are also responsible for providing management's views on our current Findings, conclusions, and recommendations, as well as your planned corrective actions, for the A eport, and for the timing and format for providing that information. With regard to using the auditor's report, you understand that you must obtain our prior written consent to reproduce or use our report in bond offering official statements or other documents. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Audit Procedures —General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material Mr. Mike Brice City Manager June 1, 2010 misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a Erect and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under klCPA professional standards and Government Auditing Standards. Mr. Mike Brice City Manager June 1, 2010 Audit Procedures —Compliance As part of obtaining reasonable assurance about whether the financial statements are flee of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing StandafRds. Engagement Administration, Fees, and Other During the course of our engagement, we will request information and explanations from management regarding the City's operations, internal controls, future plans, specific transactions and accounting systems and procedures. At the conclusion of our engagement, we will require, as a precondition to the issuance of our report, that management provide certain representations in a written representation letter. The City agrees that as a condition of our engagement to perform an audit, that management will, to the best of its knowledge and belief, be truthful, accurate an_d complete � all representations made to us during the course of the audit and in the written representation letter. The procedures we perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. False or misleading representations could cause us to expend unnecessary efforts in the audit; or, worse, could cause a material error or a fraud to go undetected by our procedures. Thus, the City agrees that we will not be liable for any damages or otherwise responsible for any misstatements in the City's fmancial statements that we may fail to detect as a result of false or misleading representations that are made to us by management. Moreover, the City agrees to indemnify and hold us harmless from any claims and liabilities, including reasonable attorneys' fees, expert fees and costs of investigation and defense, arising out of or related to this engagement if false or misleading representations are made to us by any member of the City's management. The assistance to be supplied by your personnel, including the preparation of schedules and analyses of accounts, will be discussed with you. In addition, we understand that your employees will prepare all cash, accounts receivable, and other confirmations we request and will locate any documents selected by us for testing. The timely completion of this work will help us complete our audit on a timely basis. Both of us agree that any dispute between you and Weaver and Tidwell, L.L.P., arising from the engagement, this agreement, or the breach of it, may, if negotiations and other discussion fail, be Mr. Mike Brice City Manager June 1, 2010 Page 7 first submitted to mediation in accordance with the provisions of the Commercial Mediation Rules of the American Arbitration Association ("AAA") then in effect. Both of us agree to conduct any mediation in good faith and make reasonable efforts to resolve any dispute by mediation. Mediation is not a pre -condition to the arbitration provided for below and the failure or refusal by either party to request or participate in mediation shall not preclude the right of either party to initiate arbitration. We agree to conduct the mediation in Fort Worth, Texas, or another mutually agreed upon location. Both of us agree that any dispute arising from the engagement, this agreement or the breach of it shall be subject to binding arbitration under the provisions of the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and of the Dispute Resolution Rules for Professional Accounting and Related Services Disputes of the AAA (the "Rules"), and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration shall be heard before one or more arbitrators selected in accordance with the Rules. The parties agree to conduct the arbitration in Fort Worth, Texas, or another mutually agreed upon location. The arbitrator may only award direct damages and may not award consequential, exemplary, or punitive damages. The prevailing party in any arbitration or litigation shall be entitled to recover from the other party reasonable attorneys' and expert witness fees, court costs, and the administrative costs, arbitrator's fees, and expenses of the AAA incurred in the arbitration or litigation in addition to any other relief that may be awarded. Notwithstanding the provisions of the immediately preceding paragraph, neither of us shall be compelled to arbitrate any dispute between us which arises out of any claim asserted against either of us by a third party, unless the third party (whether one or more) agrees to join the arbitration or can be compelled to join it. If any term of this engagement letter is declared illegal, unenforceable, or unconscionable, that term shall be severed and the remaining terms of the engagement letter shall remain in force. Both of us agree that the arbitrator(s) or Court, as the case may be, should modify any term declared to be illegal, unenforceable, or unconscionable in a manner that will retain the intended term as closely as possible. If a dispute arising from the engagement or from this agreement or any term of it or any alleged breach of it is submitted to a Court for interpretation or adjudication, both of us irrevocably waive right to trial by jury and agree that the provisions of this engagement letter regarding damages, attorneys' fees, and expenses shall be applied and enforced by the Court. In the unlikely event that circumstances occur which we in our sole discretion believe could create a conflict with either the ethical standards of our firm or the ethical standards of our profession in continuing our engagement, we may suspend our services until a satisfactory resolution can be achieved or we may resign from the engagement. We will notify you of such conflict as soon as Mr. Mike Brice City Manager June 1, 2010 practicable, and will discuss with you any possible means of resolving them prior to suspending our services. We will provide copies of our reports to the City; however, management is responsible for disttibution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. We expect to begin our audit on approximately December 6, 2010 and to issue our reports no later than February 15, 2011. James Fitts is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fees are based on the time required by the individuals assigned to the engagement, plus direct expenses. Fees for our services are due upon receipt of our invoice. For bills not paid within 60 days of the billing date, a late charge will be added to the outstanding balance. The rate charged will be calculated using the then current "prime rate" charged to commercial customers by local area financial lending institutions, up to a maximum annual percentage rate of 10%. Individual hourly rates vary according to the degree of responsibility involved and the skill required. Interim billings will be submitted as work progresses and as expenses are incurred. Based on our preliminary estimate, we estimate that the fee for our audit engagement will be $32,000. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary we will discuss the reasons with you and arrive at a new fee estimate before we incur additional costs. If you intend to publish or otherwise reproduce the combined financial statements and make reference to our firm name, you agree to provide us with a copy of the fmancial reproduced material for our approval before it is distributed. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2007 peer review report accompanies this letter. Mr. Mike Brice City Manager June 1, 2010 Page 9 We appreciate the opportunity to be of service to City of Sanger and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Yours truly, WEAVER AND TIDWELL, L.L.P. Enclosure JRF:plh RESPONSE: This letter correctly sets forth the understanding of City of Sanger, Texas. Officer signature: Title: Date: SPOKANE OTHELLO BO[SE QUINCY COLFAX TRI•CITIES GRANDVIEW WALLA WALLA \dOSES LAKE WENATCHEE OA•fAK YAKIMA ACCOUNTING To the Partners of Weaver and Tidwell, LLP AND and the Center for Public Company Audit Firms Peer Review Conunittee CONSULTING We have reviewed the system of quality control for the accounting and auditing practice of Weaver SERVICES and Tidwell, LLP (the firm) applicable to non -SEC issuers in effect for the year ended May 31, 2007. The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that portion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the firm's organizational structure and the policies adopted and IMBMBER OF procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control THE Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the firm. Our responsibility is to NfcGLADREY express an opinion on the design of the system, and the firm's compliance with that system based on our review. NETIVORK Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non -SEC issuers of Weaver and Tidwell, LLP in effect for the year ended May 31, 2007, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the firm with reasonable assurance of complying with applicable professional standards. Spokane, Washington September 27, 2007 Attachment to the Peer Review Report of Weaver and Tidwell, LLP Description of the Peer Review Process Overview Firms enrolled in the AICPA Center for Public Company Audit Firms (the Center) Peer Review Program have their system of quality control periodically reviewed by independent peers. These reviews are system and compliance oriented with the objectives of evaluating whether. The reviewed firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. The reviewed firm's quality control policies and procedures applicable to non -SEC issuers were being complied with to provide the firm with reasonable assurance of complying with professional standards. A peer review is based an selective tests and directed at assessing whether the design of and compliance with the firm's system of quality control for its accounting and auditing practice applicable to non -SEC issuers provides the firm with reasonable, not absolute, assurance of complying with professional standards. Consequently a peer review on the firm's system of quality control is not intended to, and does not, provide assurance with respect to any individual engagement conducted by the firm or that none of the financial statements audited by the firm should be restated. The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At A egular meetings and through report evaluation task forces, the PRC considers each peer review, evaluates the reviewer's competence and performance, and examines every report, letter of comments, and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews working closely with the peer review teams and the PRC. Once the PRC accepts the peer review reports, letters of comments, and reviewed firms' responses, these documents are maintained in a file available to the public. In same situations, the public file also includes a signed undertaking by the firm agreeing to specific follow-up action requested by the PRC. .Firms that perform audits or play a substantial role in the audit of one or more SEC issuers, as defined by the Public Company Accounting Oversight Board (PCAOB), are required to be registered with and have their accounting and auditing practice applicable to SEC issuers inspected by the PCAOB. Therefore, we did not review the firm's accounting and auditing practice applicable to SEC issuers. Page 2 Planning the Review far the Firm's Accotanting and Auditing Practice Applicable to I�ToH,®SEC Issuers To plan the review of Weaver and Tidwell, LLP, we obtained an understanding of (1) the nature and extent of the firm's accounting and auditing practice, and (�) the design of the fiim's system of quality control sufficient to assess the inherent and control risks implicit in its practice. Inherent risks were assessed by obtaining an understanding of the fii7n's practice, such as the industries of its clients and other factors of complexity in serving those clients, and the organization of the firm's personnel into practice units. Control risks were assessed by obtaining an understanding of the design of the firrri's system of quality control, including its audit methodology, and monitoring procedures. Assessing control zislc is the process of evaluating the effectiveness of the reviewed firm's system of quality control in preventing the performance of engagements that do not comply with professional standards. Based on our assessment of the combined level of inherent and control risks, we identi%ed practice units and selected engagements within those units to test for compliance with the firm's system of quality cantrol. The engagements selected for review included engagements performed under the Gover�zrne�at Auditifag Statzdards and audits of Employee Benefit Plans. The engagements selected for review represented across -section of the firm's accounting and auditing practice with emphasis on higher -risk engagements. The engagement reviews included examinung working paper files and reports and �ntervie�ving er�gage�r�ent perscr.�rel. The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the firm's policies and procedures for the elements of quality control pertaining to independence, integrity, and objectivity; personnel management; and acceptance and continuance of clients and engagements. Prior to concluding the review, we reassessed the adequacy of scope and conducted a meeting with firm management to discuss our findings and recommendations. AGENDA TYPE 1,nJ Regular ❑ Workshop ❑ Executive Council Meeting Date: June 7, 2010 CITY OF SANGER COUNCIL AGENDA ITEM Special U Consent ❑ Public Hearing City Manager Reviewed/Approval Initials Reviewed by Finance ❑ Yes ® Not Applicable Reviewed by Legal ❑ Yes Not Applicable Submitted By: Joseph D. Iliff, AICP Date s- ACTION REQUESTED: ®ORDINANCE 06-12-10 ❑ RESOLUTION # ❑APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct a public hearing, consider, discuss, and possibly act on Ordinance 06-12-10 granting a Specific Use Permit for a Quick -Service Food and Beverage Shop on property legally described as Lot 4, Block 1, Elm Street Addition, located at 403 North Stemmons St. FINANCIAL SUMMARY ®N/A [']GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The applicant is applying for a Specific Use Permit (SUP) for aquick-service food and beverage shop. The subject property is located at 403 North Stemmons Street, the location of the former wimpy's restaurant. The subject property is zoned B-2 Business District 2, as are the surrounding properties. The neighboring properties to the north and west are occupied single-family residences. The neighboring property to the south is occupied with a commercial business. The applicant is proposing to demolish the existing structure, construct a new building, and operate a restaurant (Oriental Express) with drive-thru service. The proposed building would be 800 square feet, serving customers only via the drive-thru window. The site plan provides fora 1246ot wide drive-thru lane around the building for customers. The site plMI. also include a 12-foot wide travel lane, an escape lane, separate from the drive-thru lane for customers. This allows easy access through the site even as customers are queued to be served. The site plan also provides for 4 parallel parking spaces along the northern property line. As the restaurant has no seating area inside for customers, parking spaces are provided only for employees. The site plan provides adequate vehicular access through the site. Vehicles using the drive-thru service are separate from those parking, emptying the garbage dumpster, emergency vehicles, etc.. Given the size and shape of the property, the site plan provides as much maneuvering and parking spaces as can reasonably be expected. Page 1 of 2 STAFF OPTIONS & RECOMMENDATION Staff recommends approval of the SUP as drawn on the submitted site plan, subject to the following conditions: 1. the applicant construct a screening fence along the northern property line, adjacent to the existing residence, 2. the applicant assist with the construction of a screening fence along the western property line, 3. the applicant address the site's drainage issues, and, 4. the applicant provide adequate sewer service to the proposed structure. The attached draft ordinance includes each of these conditions. List of Supporting Documents/Exts Attached: Prior Action/Review by Council, Boards, Commissions or Other • Ordinance 06-12-10 Agencies: On May 10, 2010, the Planning & Zoning • Site Plan Commission conducted a public hearing, and • Applicant's Letter of Intent • Mailed Notice unanimously recommended approval of the proposed • Map of Notified Properties Specific Use Permit, subject to the conditions listed in the Staff Recommendation above. • List of Notified Property Owners • Returned Comment Response Forms • Specific Use Permit Criteria • Zoning Map for Subject Property Page 2 of 2 ORDINANCE 0642-10 AN ORDINANCE OF THE CITY OF SANGER, DEN ON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND OFFICIAL ZONING MAP, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A QUICK -SERVICE FOOD AND BEVERAGE SHOP WITHIN A 11-2 BUSINESS DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOT 4, BLOCK 1, ELM STREET ADDITION, LOCATED AT 403 NORTH STEMMONS ST.; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($29000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for Changes in Zoning Classifications were duly filed with the City of Sanger, Texas, concerning the hereinafter described properties; WHEREAS, due notice of hearings were made in the time and manner prescribed by law and the Planning and Zoning Commission of the City of Sanger, Texas, duly covered and conducted public hearings for the purpose of assessing zoning classification changes on the hereinafter described properties located in the City of Sanger, Texas; and WHEREAS, an additional opportunity for all interested persons to be heard was provided by the City Council of the City of Sanger, Texas, at open meetings, with proper notice posted; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 That the legal description of the property zoned herein is generally described as Lot 4, Block 1, of the Elm Street Addition. Section 2 A Specific Use Permit for aquick-service food and beverage shop is herby granted for the above described property within a 13-2 Business District, subject to the following conditions: 1. the applicant construct a screening fence along the northern property line, adjacent to the existing residence, 2. the applicant assist with the construction of a screening fence along the western property line, 3. the applicant address the site's drainage issues, and, 4. the applicant provide adequate sewer service to the proposed structure. Section 3 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4 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 5 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 not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6 This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 7th day of June, 2010. APPROVED: --FOR REVIEW ONLY- - Mayor Thomas Muir ATTEST: --FOR REVIEW ONLY-- Tami Taber, City Secretary Letter of Intent: To Whom It May Concern: A new fast food Chinese restaurant Oriental Express will replace the old Winpi at 403 N STEMMONS(I-35E), Sanger TX 76205. The Winpi had drive thru and dine in service, but it is to hard to reopen for business using the old structure , so we decide to have new building instead of existing building (attached new site plan and existing building). The new building for Oriental Express Chinese restaurant will be 800 SFT feet, just keeping the drive thru service. Yours truly, Mac Jiang Tel: 469-5696389 12000 US highway Crossroads, TX 76227 t 1. Trom: Joseph Miff, Director of Development Services The City of Sanger's Planning �i Zoning Commission will conduct a public hearing on Monday, May 10, 2010 at 7*00 P.M. in the Meeting Room of the Public Works & Development Services Building at 201 Bolivar Street to consider the following proposed amendments to the Official Zoning Map: ® A request foj• a Specific Use Permit (SUP) for a Qiuicic-Service Food and Beverage Shop on property legally described as Lot 4, Block 1, Elm Street Addition, located at 403 North Stemmons St. The applicant is proposing to construct a new building for a fast food restaurant, Oriental Express. The City Council will conduct a separate public hearing on this requested SUP in the Council Chambers of City Hall at 502 Elm Street at 7:00 P1VI on Monday, June 7, 2010. All interested citizens and property owners are hereby notified of their right to appear at the public hearings and be heard on these matters. More information about this proposed amendment is available from the Department of Development Services at 201 Bolivar Street or 940-458-2059. Written comments or questions submitted to Development Services will be shared with the Planning & Zoning Commission and City Council. JDI:pr Enclosures Department of Development Services P.O. Box 1729 - 201 Bolivar St -Sanger, TX 76266 - 940-458-2059 www.sangertexas.org — jiliff@sangenexas.org 'IF J: #: l5y4 iItx iAr f 4' t Ai 02 North Stemmons St Fix b�r Tuft/? RIVAS x.7It S 1 h j It #. I' I IN 'IV to �JlIN aaa e 'At 4III IF tNQk 1} ��. PIFIN r i 4° f +k r "a t`t rtfX tj & j / t �. rIF ,r #, } # .' r t yhe } tr y/ .1"e+E"3� NO lei r M1„r ex, IT IF rA FrA y� ,� ! r c rSt ri / !AN,�~ AY t� to Y,. Y, A �h �r� Li IN r ;,.p ANA ' 1il ttr f�A} i k ptF f+ It 7 j IF a tJt;'l iJ' jt� '.� _, y ',I x� i �� z x� PO ��zz �'f� rJ-� O� W LO J O N L D\ O O lh W cl O\ O O\ O O\ 1.`U7�-1y1 to W WO V Cho N v N O O� ..._. __.__.__. ,_.... o�p"'rCt) y a zC) go 0d m z Cno c o ' a�zo z o a H ( o N o O O O Oo z ro 0 xn nx 0 M C) IQ �8 Enh7 N �o � H � �-1 � I z xz z �dz�d �d �a X JC JS I>C >C k k X k c� JJ J J J J 1 J J J J J rn rn rn rn rn rn o. rn ON o, ON rn rn N N N IQ N N N N N �N N N Q\ O\ O.._..._ O� O\ Oh D\ �-- O\ ON Q\ O� V� ...__._.__ __.._ ON O\ U O\ . Q, O� to � 01 O� � O W ON ON W jz o o � o U)N En � w U) w W y (n (n in to _m 'D hi vyi .m _N a m IQ tQ a a a a a as �y�y aa' F a a s a I� a � H� rwM Pd a � •a zla x� mil o r o o ro trot frR�; O J 0 PO 0 o 0 y 0 W In 6 O Lh �-+ Go o N 7xy W O� VA a W � 3 r n C) d 0 o o d d d d d d e � b d 4 x ...._... G Prom. {1ID ]t�esponses Five support the proposed Specific Use Permit. ❑ I/we oppose the proposed Specific Use Permit. ■ ,. L, I I..r rr; I r.If r I I: I I I t ;' I�A• I I Department of Development Services P.O. Box 1729 - 201 Bolivar St -Sanger, TX 76266 - 940-450-2059 www.sangei-Lexas.org—jiiiii@sangertexas.org Date: Responses -' I/we support the proposers Specific Use Permit. ❑ I/we oppose the proposed Specific Ilse Permit. ❑ I/we have another opinion about the proposed Specific Use Permit. Department of Development Services P.O. Box 1729 - 201 Bolivar St -Sanger, TX 76266 - 940-45^0-2059 www.sangertexas.org — jiliffcr sangertexas.org tic In recommending that a specific use perinit for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious and adaptable to building structures and uses of adjacent property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures and compatibility of buildings. In granting a Specific Use Permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such Specific Use Permit; and such conditions precedent to the granting of the certificate of occupancy. No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the specific use permit, as attached to the site plan drawing or drawings) and approved by the Planning and Zoning Commission and City Council. o public hearing i Ns necessary for site plan approval. The Board of Adjustment shall not have jurisdiction to hear, review, reverse or modify any decision, determination or riling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit. Whenever regulations or restrictions imposed by this ordinance are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule or regulation, the regulations, rules or restrictions which are more restrictive or impose higher standards or requirements shall govern. Regardless of any other provision of this ordinance; no land shall be used and no structure erected or maintained in violation of any State or Federal pollution control or environmental protection law or regulation. City of Sanger Department of Development Services 2010 City of Sanger Zoning Map 7 PORTER PL H' ELAI ST Legend Subject Property ■ ■ Li�1 1 AAgricultural District Q Pali tap SF40 Single Family Residential B-2 Business District HC% H I4 Industrial District H H PECAN ST �� _ �'� Department of Development Serv►ces 940458-2059 r_www.sangertexas.org SANGER PUBLIC LIBRARY MONTHLY REPORT APRIL 2010 Submitted by Victoria Elieson HIGHLIGHTS: The highlight of National Library Week was the annual City Truck Round -up. Twenty- two children and ten adults enjoyed examining city equipment up close. The animal control officer attracted more attention than past years by demonstrating tools such as a snake grabber. Several kids were interested to see the inside of the chipper mechanism. The Texas Library Association Conference was held later in that same week. "Food for Fines" got almost no response. ADMINISTRATION: Meetings attended. North Texas Library Consortium, 4/1, by phone Texas Library Association Conference, 4/144/16, San Antonio Friends of the Library annual membership meeting, 4/20 CIRCULATION: Justin Public Library joined the consortium. Now there are 141ib1aries from which Sanger Public Library patrons can borrow materials. Board member Rosene Sebastian presented Storytime while the Director was at TLA Conference. The Storytime theme was "Spring". Kids made a wind sock in the program about "Spring Weather". They talked about gardening and actually planted a petunia in a pot to take home in the program about "Flowers". Kids made a butterfly in a cocoon for the "Animals in the Spring" program and for the "Birds" program they molded a nest, eggs and mother bird from clay. Each program was enriched with songs, videos and activities. :W Last Month New Cards Cards reactivated TOTAL CIRCULATION Nonfiction Fiction Junior Fiction Children's Books Leased Books Interlibrary Loan Spanish Materials Audio Books Music CDs Video Materials Equipment from other libraries TOTAL CIRCULATION to other libraries lNTERNET USERS PROGRAMS Children's Programs Children Attending Adults Attending Other Programs Number Attending VOLUNTEERS Number of Adults Number of Juniors Number of Hours COLLECTION Books Leased Books Paperback Fiction Audio Books Music CDs CD-ROM Videocassettes DVD Microfilm Equipment TOTAL COLLECTION REVENUE Fines Copies ILL Postage New Cards Lost Materials TOTAL APRIL 2010 STATISTICS 2009 3543 45 21 3609 332 645 112 537 178 19 14 65 42 565 2 2511 EP' 8 106 46 5 23 15251 167 2469 585 385 197 883 556 79 4 20576 $170.60 $104.20 $33.14 $1.50 $9.99 $319A3 2010 2907 61 37 3005 392 643 200 495 151 7 4 101 42 741 4 102 2882 33 7 81 45 3 20 15751 193 2510 604 392 196 912 686 79 4 21327 $223.44 $157.42 $1.00 $5.75 $s2.34 $449.95 t Y - • David J. Park Vice President Rates & Reaulatory Affairs May 24, 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 June 2010 billing periods. This Statement details the gas cost component of the residential, commercial, and industrial sales rates for customers within your city. This filing is for informative proposes only and no action is required on your city's part. Should you have any questions, please let me know. Sincerely, Attachment Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 414-206-2568 F 214-206-2126 David.Park@atmosenergy.com = N O cl��rn 1— U c7 U O Z aow QF- LYU� c0LU 0 5; G O U >-�0 (5o (AD � a (n w�W zw Zo2LLI LU LU ON 0�Q QD wm Q � U C �.0 o u")OCn Nh0) O � N N N LO M ip N 6M4 � � M h c F- i co w � w m m m m 2 n 2 N M U M N 0) M COO CO 00 � cr) CD LO � a- M (ti F- O� .O LY @ o Co O (O h� M O N N O N v h h (D w (b UM) co 00 0 co N Co (O CO Iq .- co h LO 0) = O co 0) 0) (O Co 00 h N ~ h V' CQ E O CO MMto MB M�M N 64 � OM V � CV 4 Ch IL `� U m m tY � co NO CJ U U U LL vm: ^2 .� m @ o h O h CO O P CO CO CO O co m (00^ (D coh^ m O 00 ti (0 Wq* CO � CO 0) CO co co N h O �. M M (O d' co v (O M (n M <t It M to N (n 64 64 Hi 691 4: t9 N Q Oh NO c �O COo O 000 C) o 00000 h(O •- 0 CM O LO N 0) 0 Co O 0 0 0 O CD 6% M O M w4r M 0 O O O to O CO CO C`M 0) v O d MO ��ah0 (0 h OOO h 00q MOh CV R' CO cr (n 0 tC') �- 64 64 (O ifl 64 64 w m C 0 LL o V U w W LU N c N C f° LL ='� O oUo ` V ' LL N N N V i( Q❑ j LL U0O�onU0 :�> 0 Um th N LL Q � �100D Co u). E ca c C. N O c M LU N (v c E E E 1II E E E N U x Q ui LLJ LU J LU F- LLJ L11 C' F- Q G I. -NM d't1')CO h CO 07 C:)� J N C J M ICAO ) N C J (o N C O fl. o. co Y F�- :41 N N N N N Denco Area 9=1=1 District 1075 Princeton Street Lewisville, TX 75067 Mailing: PO BOX 293058 Lewisville, TX 75029-3058 Phone:972-221-0911 Fax:972-420-0709 TO: Denco Area 9-1-1 District Participating Jurisdictions FROM: Mike Pedigo, Executive Director V DATE: May 15, 2010 RE: Appointment to the Denco Area 9-1-1 District Board of Managers Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole or part of the district". The enclosed resolution, approved by the district's board of managers February 4, 1999, explains the procedure for appointing municipalities' representative to the board of managers. Each year the term of one of the two members appointed by participating municipalities expires. This year, the term of Harlan Jefferson, Flower Mound Town Manager, expires September 30, 2010. Members are eligible for consecutive terms. Mr. Jefferson has expressed his desire to serve another term, if appointed. Enclosed is a Mr. Jefferson's resume and a list of the current board members. In order to coordinate the appointment among 34 participating municipalities, the district requests the following actions by the governing bodies of each city: 1. If your city would like to nominate a candidate to represent the municipalities on the Denco Board of Managers, please send a letter of nomination and/or resume of the candidate to the Denco Area 9-1-1 District office. Nominations must reach the Denco Area 9-1-1 District on or before July 15, 2010. No nominations shall be considered after that date. 2. On July 16, 2010, the district will send copies of nominations to each city for consideration, requesting the city to vote for one of the nominees. 3. At its regular meeting on September 91h, the Denco Board of Managers will count the votes from responding cities. The candidate with the most votes will be the municipalities' representative to the Denco Area 9-1-1 District Board of Managers for the two-year term beginning October 1, 2010. Please mail nominations and resumes to the Denco Area 9-1-1 District, P.O. Box 293058, Lewisville, TX 75029-3058. You may also email your response to me at mpedigo(cr�.denco.orq. If you have any questions, please do not hesitate to call me at 972-221-0911. Thank you for your support of the Denco Area 9-1-1 District. c: Denco Area 9-1-1 District Board of Managers Enclosures www.denco.org DENCO AREA 9=1I DISTRICT RESOLUTION DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS. WHEREAS, Chapter t t 2, Texas Health and Safety Code provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole or part of the district."; and WHEREAS, each member serves a term of two years beginning on October 1st of the year member is appointed; and WHEREAS, one member representing participating municipalities is appointed each year, NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS: The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1 District Board of Managers shall be the following: 1. Prior to May 15'h of each year, the executive director shall send a written notice to the mayor of each participating municipality advising that nominations are open for one of the municipal representatives to the Denco Area 9-1-1 District Board of Managers until July 151h of that same year. The notice shall advise the mayors that, for a nomination to be considered, written notification of council action must be received at the Denco office prior to 5:00 p.m. on July 15th of that year. No nominations shall be considered after that time. 2. On July 16th of each year, the executive director shall send written notice to the mayor of each participating municipality providing the slate of nominees to be considered for appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning October 15t. The notice shall advise the mayor that the city council shall vote, by resolution from such city, for one of the nominees. Written notice of the council's selection must be received at the district office by 5:00 p.m. on September 151h. No notice will be accepted after that time. 1 The one nominee with the most votes received by the deadline will be the municipality representative appointed for the two-year term beginning October 1$t. 4, If there is a tie between two candidates with the most votes, a runoff election will be held immediately with the candidate receiving the most votes serving the remainder of the term. The incumbent representative shall serve in that position until replaced. APPROVED and ADOPTED on this 41h day of Februar�✓19 irman, Boz(rd of Managers Secretary, Board of"Managers HARLAN L. JEFFERSON 2100 Sagebrush Drive Flower Mound, TX 75028 SUMMARY OF • Over twenty-three years of diverse local government and supervisory experience. Demonstrated ability to pioneer innovative initiatives and actualize organizational objectives such as: Successful Dedicated Sales Tax Election for a Crime Control District, Fire Prevention District, Street Maintenance, and Park Improvements Eight bond rating upgrades culminating in an AA+ rating by Standard & Poor's and an Aa2 rating by Moody's Secured more than $105 million in transportation funding from the Regional Transportation Council for roadway capacity improvements Design of western pump station to provide water to western Flower Mound Design of Denton Creek Wastewater System to serve Flower Mound, Argyle, and Northlake Creation of a Transportation Commission for traffic management and project prioritization Construction and completion of numerous roadway projects Proactive initiatives creating vibrant, sustainable neighborhoods Implementation of a proactive code enforcement program Development of a self-insurance fund Cultivation of a vehicle and equipment internal financing program WORK -RELATED EXPERIENCE Town Manager (April 2006 to present) Town Manager's Office, Town of Flower Mound, Texas Responsibilities. Administration and management of the daily operations of the Town's departments; communicate and accomplish Town Council policies and initiatives; keep citizens informed and promote awareness of Town services, projects, and community activities. Deputy Town Manager/Chief Financial Officer (October 2000 to April 20061 Financial Services Department; Internal Services Department, Town of Flower Mound, Texas Responsibilities: Administration of all financial functions including, but not limited to Budget, Cash Management, Debt Management, Accounting, Tax Collection, Payroll, Utility Billing, Municipal Court, and Internal Services, comprised of Purchasing, Facilities Management, Information Technology, and Fleet Management. Director of Finance/Town Treasurer/Chief Financial Officer (June 1997 to October 2000) Finance Department, Town of Flower Mound, Texas Responsibilities: Administration of all financial functions including, but not limited to Budget, Cash Management, Debt Management, Accounting, Purchasing, Tax Collection, Payroll, and Utility Billing. Director of Fiscal Operations (November 1994 to June 1997) Finance Department, City of Denton, Texas Responsibilities: Collecting, monitoring, and investing the revenue of the City of Denton. Directing all aspects of a $100+ million investment portfolio (i.e., depository bank contract, arbitrage tracking, investment purchases, and Investment Committee support). Supervision of the Municipal Court, Customer Service, and Treasury Division of the City. Also, responsible for Risk Management (i.e., Health and Liability Insurance), Debt Management, and Motor Pool activities. Director of Treasury Operations (January 1992 to November 1994) Finance Department, City of Denton, Texas Responsibilities: Management of all collection, monitoring, and investing of City funds. Supervision of Tax, Municipal Court, Customer Service, and Treasury Divisions. Also responsible for Motor Pool activities. Treasurer (April 1990 to January 1992) Finance Department, City of Denton, Texas Responsibilities: Management of all aspects of the investment portfolio. Supervision of Tax Division, Municipal Court, and Treasury Divisions. Assistant to the City Manager (October 1989 to April 1990) City Manager's Office, City of Jackson, Michigan Responsibilities: Providing administrative support and leadership in the area of budget development and monitoring. Identifying and reviewing policy issues and making recommendations for City Manager and Council consideration. Direct and perform special projects for manager, such as assisting in bond issue campaign and financing strategy development, evaluation of Jackson County Solid Waste Management Plan, heading task force to develop water main replacement criteria, implementation of the new commercial driver's license, etc. Serving as staff person to the Human Relations Commission and as a member of each of the City Council's goals committees. Risk Manager (October 1986 to October 1989) Finance Department, City of Denton, Texas Responsibilities: Establishing a system to promote the safety of City employees and to protect City resources and facilities from unexpected losses. Identifying and reviewing policy issues and making recommendations for management and Council consideration. Development of a Risk and Safety Manual, Hazard Communication Manual, and implementation of a self-insurance program which saved approximately $500,000, annually. Special projects included writing an Investment Policy, researching health insurance alternatives, and making presentations to citizen groups and professional organizations. Also, served as the Budget Analyst for the Police and Fire Departments. Administrative Assistant (May 1985 to October 19861 Finance Department, City of Denton, Texas Responsibilities: Evaluating finance policies and procedures, recommending warranted modifications, producing revenue and expenditure long-range forecasts, and a variety of special projects as assigned by the Finance Director. Assisted in the coordination of the City's operating budget, and developed strategies for the City to obtain the Government Finance Officers Association's Distinguished Budget Award. Special projects included strategies to save an insolvent Motor Pool Fund and preparation of bond program presentations material for rating agencies. TRAINING AND PROFESSIONAL SEMINARS Model-Netics Instructor Managing Management Time Leadership Effectiveness Training Toastmasters International (speech organization) Flower Mound Leadership Academy Jackson Leadership Academy National Forum for Black Public Administrators' Executive Leadership Institute Covey Leadership Center's Seven Habits of Highly Effective People COMMUNITY INVOLVEMENT AND AFFILIATIONS DENCO 911 Board Member, 1998-Present United Way of Denton County, Campaign Chairman, 1996 Denton Public Schools Foundation Board of Directors, 1995-June 1997 Kiwanis Member Texas City Management Association International City Management Association National Forum for Black Public Administration Government Finance Officers Association of the United States and Canada Government Finance Officers Association of Texas EDUCATION/CERTIFICATION Masters of Public Administration, University of North Texas, Denton, 1987 Bachelor of Arts, Political Science, University of North Texas, Denton, 1983 Certified Government Finance Officer, Government Finance Officers Association of Texas Certified Municipal Finance Administrator, Municipal Treasurers' Association of the United States and Canada. Denco Area 9.1.1 District Board of Managers FY2010 Jack Miller, Chairman ® Appointed by Denton County Commissioners Court ® Member since October 2000 ® Term expires September 2010 ® Former mayor and council member of Denton ® Self-employed as a human resource manager Mayor Olive Stephens, Vice Chair ® Appointed by member cities in Denton County ® Member since 1987 ® Term expires September 2011 ® Mayor, Town of Shady Shores Chief Lonnie Tatum, Secretary ■ Appointed by Denton County Fire Chief's Association ■ Member since May 2004 ■ Term expires September 2011 ■ Fire Chief, City of Highland Village Harlan Jefferson ® Appointed by member cities in Denton County ® Member since November 1998 ® Term expires September 2010 ® Town Manager, Town of Flower Mound Bill Lawrence ® Appointed by Denton County Commissioners Court ® Member since October 2006 ® Term expires September 2010 ® Former Mayor of Highland Village ® Businessman, Highland Village Keith Stephens ■ Non -voting member appointed by largest telephone company (Verizon) ■ Member since 2004 ■ Serves until replaced by telephone company ■ Manager, Region Network Reliability, Verizon All voting members serve two-year terms and are eligible for re -appointment. S:\Admin\Board of Managers\Board of Managers General Information\Denco Board Roster FY2010.doc Council Resolution No. A RESOLUTION NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY /TOWN OF TEXAS: Section 1 The City /Town of nominates reby as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2 That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the Mayor City /Town of ATTEST: City /Town Secretary APPROVED AS TO FORM: City /Town Attorney 2010. 2010 Official City Council Meeting Dates Remaining 2010 Dates: Monday, June 7 Monday June 21 Tuesday, July 6 Monday July 19 Monday, August 2 Monday, August 16 Tuesday, September 7 Monday, September 20 Monday October 4 Monday, October 18 Monday, November 1 Monday, November 15 Monday, December 6 Monday, December 20