04/05/2010-CC-Agenda Packet-RegularNge4
'TEXAS
AGENDA
CITY COUNCIL
MONDAY, APRIL 5, 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: March 15, 2010 -Work Session
March 15, 2010 -Council Meeting
b) Disbursements
c) Approval to Solicit Requests for Proposals on the Porter Sports Complex
Construction and Keaton Road Extension Construction Manager at Risk
4. Consider any Items Removed from Consent Agenda.
REGULAR AGENDA
5. Consider Approval of Ordinance #04-07-10 —Declaring Unopposed Candidates for Mayor and
Council Members Elected to Office; Requiring Issuance of a Certificate of Election to Each
Candidate.
6. Consider Approval of the 4A Economic Development Board's Actions Regarding the Lease of 103
Bolivar, Financing of Finish Out for the Building and Payment of Commission to Elk River Real
Estate for Marketing and Brokering of the Lease.
7. Consider Approval on Agreement With Emergicon, LLC, for EMS Billing Services and
Authorize City Manager to Execute the Agreement.
8. Consider Approval to Solicit Requests for Qualifications for Audit Services for FY 2010/2011.
9. Consider Approval on Ordinance #044840 -Regulating Oil and Gas Wells.
nitroPDF' rofessional
10. Information Items:
a) ATMOS Energy Statement of Rider GCR
b) ATMOS Energy 2010 Rate Review Mechanism Filing
c) Thank you Letter From Mayor of Spoleto, Italy
11. Adjournment.
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin
board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the
general public at all times, and said notice was posted on the following date and time.
at C% a.m. and shall remain posted until meeting is
adjourned.
0 J ✓� ! 4. / f{m,
go .40
Tami Taber, City Secretary -goOd
`-
City of Sanger, Texas
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 WORKSESSION
March 15, 2010
PRESENT: Mayor Higgs, Councilman Thomas Muir, Councilman Russell Martin and
Councilman Rusty Patton
ABSENT: Councilman Andy Garza and Councilman Glenn Ervin
OTHERS
PRESENT: Mike Brice City Manager and Tani Taber City Secretary
1. Call Meeting to Order.
Mayor Higgs called the meeting to order.
2. Discussion on Banking and Finance Reorganization.
City Manager advised that Cheryl Estes worked three and a half days last week and got things
straightened out and streamlined. She is able to work from her home and will only need to be
here a couple of days per month as a part-time contractual employee. If this doesn't work out,
then a Finance Director position will need to be created with a minimum of a bachelors degree
and/or hire a CPA.
3. Discussion on Oil and Gas Well Ordinance.
City Manager stated that the City has received a couple of calls inquiring what our ordinance is
for oil and gas well drilling. Currently, the City does not have any ordinances in place for this and
thought we should get one in place in the event that someone would like to drill in the future. The
proposed ordinance is from the City of Weatherford, Texas.
City Manager briefly went over the process, location and other requirements.
City Manager will check into ETJ, annual inspections and maintenance and will put this back
on the agenda in April.
4. Overview of Items on Regular Agenda.
5. Adjournment.
Mayor Higgs adjourned the meeting.
MINUTES: CITY COUNCIL MINUTES
March 15, 2010
PRESENT: Mayor Joe Higgs, Councilman Thomas Muir, Councilman Russell Martin,
and Councilman Robert Patton
ABSENT: Councilman Andy Garza and Councilman Glenn Ervin
OTHERS
PRESENT: Mike Brice City Manager, Tani Taber City Secretary
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor Higgs called the meeting to order, Councilman Muir led the Invocation
followed by Councilman Martin leading the Pledge of Allegiance.
2. Citizens Input:
Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any
issues brought up during this section.
CONSENT AGENDA
3. a) Approve Minutes: March 1, 2010 -Work Session
March 1, 2010 -City Council
b) Disbursements
Motion was made by Councilman Muir to approve the consent agenda. Seconded
by Councilman Martin. Motion carried unanimously.
4. Consider any Items Removed from Consent Agenda.
5. Consider and Possible Action on Approving Resolution #R03-02-10 -Paying of
Expenditures.
Councilman Patton made a motion to approve. Seconded by Councilman Muir.
Motion carried unanimously.
6. Consider and Possible Action on Ordinance #03-0640 -Amending Chapter 12,
Article 12.500, Speed Limits, Section 12.505 Special Speed Zones.
Councilman Muir made a motion to approve with an adjustment to 21 (B)
to describe Keaton Road appropriately. Seconded by Councilman Martin.
Motion carried unanimously.
7. Information Items:
a) Library Report for January
b) Library Report for February
c) ATMOS Energy Statement of Rider GCR
8. Adjournment.
Mayor Higgs adjourned the meeting.
3/12/2010 4:03 PM
A / P CHECK
REGISTER
PACKET:
03022 Regular PaymentsCM
VENDOR
SET: 99
BANK
POOL POOLED
CASH ACCOUNT
CHECK
CHECK
VENDOR
NAME / I.D.
DESC
TYPE
DATE
00100
TMRS
C-201003122777
TMRS ADJ FOR RATE
CHANGE
R
3/12/2010
I-201003122778
ACCUMULATED FUND
OBLIGATION
R
3/12/2010
I-RET201002112685
TMRS
R
3/12/2010
I-RET201002252711
TMRS
R
3/12/2010
I-RET201002262724
TMRS
R
3/12/2010
TOTAL ERRORS: 0
** T O T A L S
REGULAR CHECKS:
HANDWRITTEN CHECKS:
PRE -WRITE CHECKS:
DRAFTS:
VOID CHECKS:
NON CHECKS:
CORRECTIONS:
REGISTER TOTALS:
TOTAL WARNINGS: 0
CHECK
DISCOUNT AMOUNT NO#
PAGE: 1
CHECK
AMOUNT
429.38
042188
?,441.85CR
042188
11,847.1OCR
042188
12,722.97CR
042188
26.16CR
042188 26,613.70
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
1
0.00
26,613.70
26,613.70
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 26,613.70 26,613.70
3/12/2010 4:10 PM DIRECT PAYABLES CHECK REGISTER
PACKET: 03023 Direct PayablesCM
VENDOR SET: 99 AP VENDOR SET
BANK: POOL POOLED CASH ACCOUNT
CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT N04
00600 CITY OF SANGER
I-201003122779 ANIMAL CONTROL 3/5 & 3/12/2010 R 3/12/2010
30
.00 042189
PAGE: 1
* B A N K T O T A L S **
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
REGULAR CHECKS:
1
0.00
30.00
30.00
HANDWRITTEN CHECKS:
0
0.00
0.00
0.00
PRE -WRITE CHECKS:
0
0.00
0.00
0.00
DRAFTS:
0
0.00
0.00
0.00
VOID CHECKS:
0
0.00
0.00
0.00
NON CHECKS:
0
0.00
0.00
0.00
CORRECTIONS:
0
0.00
0.00
0.00
BANK TOTALS: 1 0.00 30.00 30.00
CHECK
AMOUNT
30.00
3/15/2010 1:53 PM, DIRECT PAYABLES CHECK REGISTER
PACKET: 03026 Direct Payablescm
VENDOR SET: 99 AP VENDOR SET
BANK: POOL POOLED CASH ACCOUNT
PAGE: 1
CHECK
CHECK
CHECK CHECK
VENDOR I.D. NAME
TYPE
DATE
DISCOUNT AMOUNT NO# AMOUNT
13380 SANGER BANK
I-00055 07071866 00055
R
3/15/2010
1,542.07 042212
I-00065 07071866 00065 FINAL PYMT
R
3/15/2010
1/138404 042212 2,680.11
** 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
BANK TOTALS: 1
DISCOUNTS
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
CHECK AMT
TOTAL APPLIED
80.11
2,680.11
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,680611
2,680.11
3/15/2010 4:11
PM
PACKET:
03030
Regular
PaymentsCM
VENDOR
SET: 99
BANK
POOL
POOLED CASH ACCOUNT
VENDOR
NAME / I.D.
DESC
00600
CITY OF SANGER
I-201003152780
1/21/10 - 2/20/10
TOTAL ERRORS: 0
A / P CHECK REGISTER PAGE: 1
** T O T A L S
REGULAR CHECKS:
HANDWRITTEN CHECKS:
PRE -WRITE CHECKS:
DRAFTS:
VOID CHECKS:
NON CHECKS:
CORRECTIONS:
REGISTER TOTALS:
TOTAL WARNINGS: 0
CHECK
CHECK
CHECK
CHECK
TYPE
DATE
DISCOUNT AMOUNT NO#
AMOUNT
R
3/15/2010
34,383.87CR 042214
34,383.87
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
1
0.00
34,383.87
34,383.87
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 34,383.87 34,383.87
PAGE: 1
3/16/2010 3:22 PM A / P CHECK REGISTER
PACKET:
03034 Regular
PaymentsCM
VENDOR
SET: 99
BANK
POOL POOLED CASH ACCOUNT
VENDOR
NAME / I.D.
DESC
19240
BANKERS CREDIT CARD SERVICE
I-201003162783
COFFEE, ANNUAL CHARGE
15100
JOSH BISHOP
I-201003162782
REIMB FOR MEALS
01350
JOHN HENDERSON
I-201003162781
MARCH 29-30 STORMWATER
11030
TCEQ
I-201003162784
WWTP PERMIT RENEWAL
k
I
� TOTRL ERRORS: 0
** T O T A L S
REGULAR CHECKS:
HANDWRITTEN CHECKS:
PRE -WRITE CHECKS:
DRAFTS:
VOID CHECKS:
NON CHECKS:
CORRECTIONS:
REGISTER TOTALS:
TOTAL WARNINGS: 0
CHECK CHECK
TYPE DATE
R 3/16/2010
R 3/16/2010
R 3/16/2010
R 3/16/2010
NO#
DISCOUNTS
9
0.00
0
0.00
0
0.00
0
0.00
0
0.00
0
0.00
0
0.00
4
0.00
CHECK
CHECK
DISCOUNT AMOUNT
NO#
AMOUNT
103.89CR
042215
103.89
26.25CR
042216
26.25
25.000R
042217
25.00
1,615*00CR
042218
1,615.00
CHECK AMT
1,770.14
0.00
0.00
0.00
0.00
0.00
0.00
1,770.14
TOTAL APPLIED
1,770.14
0.00
0.00
0.00
0.00
0.00
0.00
1,770.14
3/17/'010 8:53 AM DIRECT PAYABLES CHECK REGISTER PAGE: 1
PACKET: 03036 Direct PayablesCM
VENDOR SET: 99 AP VENDOR SET
BANK: POOL POOLED CASH ACCOUNT
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
------------ -------------------------------------------- ----------------- ----------- ---------- ---------------- --------------
18430 FIRST UNITED BANK
I-201003172786 AEP FEB 2010 R 3/17/2010 357,261.28 042220 357,261.28
05510 IESI
I-FEB2010 FEB 2010 R 3/17/2010 44,087.98 042221 441087,98
** B A N K T O T A L S ** NO# DISCOUNTS
REGULAR CHECKS: 2 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
CHECK AMT
TOTAL APPLIED
401,349.26
401,349.26
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: � 0.00 401,349.26 401,349._6
3/18/2010 10:58 AM A / P CHECK
REGISTER
PAGE: 2
PACKET:
03038 Regular PaymentsCM
VENDOR
SET: 99
BANK
POOL POOLED CASH ACCOUNT
CHECK
CHECK
CHECK
CHECK
VENDOR
NAME / I.D. DESC
TYPE
DATE
DISCOUNT AMOUNT
N04
AMOUNT
06490
DENTON REGIONAL MEDICAL
I-3/8/10 EDDIE BRANHAM
R
3/18/2010
38.00CR
042235
38.00
21770
DISCOVERY EASY BOOKS
I-43510 BOOKS
R
3/18/2010
86.84CR
042236
86.84
08190
DISPLAY SALES
I-0071720 BULBS
R
3/18/2010
560.00CR
042237
560.00
17640
DOLLAR GENERAL - CHARGED SALES
I-4000 COFFEE,CREAMER,SUGAR
R
3/18/2010
42.55CR
042238
I-4821 COFFEE,TEA,SUGAR,SWEET N
R
3/18/2010
14.75CR
042238
57*30
00920
ELLIOTT ELECTRIC
I-i9-21686-01 MEDIC PLUG
R
3/18/2010
39.45CR
042239
39.45
1
ERIK P. BAUER
i
I-201003172789 FINE OVER PAYMEN
R
3/18/2010
6.00CR
042240
6.00
I
20640
FOSTERS LOCK SERVICE
I-3939 CHANGE SAFE COMBINATION
R
3/18/2010
154.00CR
042241
154.00
I
`:50
GALAXY TECH
I-201003172788 MCAFEE 2YR SUBSCRIPTION
R
3/18/2010
11909.95CR
042242
1,909.95
E
E
21790
GALE
I-16690274 LARGE PRINT BOOKS
R
3/18/2010
348093CR
042243
348.93
05510
IESI
I-1200057172 FEB 2010 R/O RENTAL
R
3/18/2010
93.64CR
042244
93.64
20220
INGRAM
t
I-49906100 21 BOOKS
R
3/18/2010
13.1OCR
042245
13.10
E'
19310
INTERMEDIX TECHNOLOGIES, INC.
I-FEB10 FEB 2010
R
3/18/2010
2,997.84CR
042246
2,997.84
17900
LOWER COLORADO RIVER AUTHORITY
I-LB70702 2/23/10 DRINKING WTR TEST
R
3/18/2010
11086.00CR
042247
11086,00
11600
LUGIE'S ELECTRIC WORK
I-179 LIGHT FIXTURE IN CLOSET
R
3/18/2010
150.00CR
042248
150.00
3/18/2010 10:58 AM A / P CHECK REGISTER PAGE: 3
PACKET: 03038 Regular PaymentsCM
VENDOR SET: 99
BANK POOL POOLED CASH ACCOUNT
CHECK CHECK CHECK CHECK
VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT
01310 LUTTRULL MCNATT, INC.
I-513580 FRONT WHEEL ALIGNMENT R 3/18/2010 267.95CR 042249
I-513610 STATE INSPECTION 403-20 R 3/18/2010 39.75CR 042249 307.70
21860 METRO CUTTING & SEALING
I-092630 FLAT SAN STREET ASPHALT R 3/18/2010 21416.40CR 042250 2,416.40
04850 MICRO MARKETING ASSOC.LLC
I-335608 13 BOOKS R 3/18/2010 22.70CR 042251 22.70
20050 MODERN MARKETING
I-1070856 PENCIL,COLORING BOOKS R 3/18/2010 357.51CR 042252 357.51
19500 NAPA AUTO PARTS
I-200269- BALL JOINTS,FILTERS,BATTE R 3/18/2010 5.39CR 042253
I-200858 BATTERIES,WHEEL WEIGHTS R 3/18/2010 519084CR 042253 525.23
01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP
I-21000025 FEB 2010 LEGAL SERVICE R 3/18/2010 96.00CR 042254 96.00
18350 NORTH TEXAS REGIONAL LIBRARY SYSTEM, INC.
I-SILS030510 DATA SERVICE R 3/18/2010 26.93CR 042255 2-6.93
_.690 O'REILLY AUTO PARTS
I-210192 BATTERIES R 3/18/2010 36.59CR 042256
I-210286 BATTERIES R 3/18/2010 92.14CR 042256
1-210663/210660 BATTERIES R 3/18/2010 75.07CR 042256 203.80
12710 PETTIT MACHINERY, INC
I-P56542 ELECTRICAL COILS #25-32 R 3/18/2010 115650CR 042257 115.50
17260 QUEST CARE
I-0210 FEB 2010 MEDICAL CONTROL R 3/18/2010 500.00CR 042258 500.00
21810 RAINBOW VALLEY FIRE EDUCATION
I-24 9 INSTRUCTIONAL DVD R 3/18/2010 249.95CR 042259 249.95
02170 REINERT PAPER & CHEMICAL, INC.
I-246993 TRASH BAGS,CLEANER,BLEACH R 3/18/2010 72.96CR 042260
I-247003 PAPER TOWELS, TP R 3/18/2010 120.38CR 042260 193.34
19290 RENTAL ONE
I-253714-0001 JACK TAMPER,WHEEL LOADER R 3/18/2010 66.60CR 042261
I-253714-0002 JACK TAMPER,WHEEL LOADER R 3/18/2010 1,829.80CR 042261
1-253822-0001 JACK TAMPER,WHEEL LOADER R 3/18/2010 957.68CR 042261 2,854.08
3/18/2010 10:58 AM A / P CHECK
REGISTER
PAGE: 4
PACKET:
03038 Regular PaymentsCM
VENDOR
SET: 99
BANK
POOL POOLED CASH ACCOUNT
CHECK
CHECK
CHECK
CHECK
VENDOR
NAME / I.D. DESC
TYPE
DATE
DISCOUNT
AMOUNT
NO#
AMOUNT
02300
SANGER COURIER: LEMONS NEWSPAPERS, INC.
I-00012148 SPORTS PAGE,BID,ORDINANCE
R
3/18/2010
420.00CR
042262
420.00
16240
SCHAD & PULTE
I-178308 02 CYLINDER
R
3/18/2010
41.000R
042263
I-178387 OXYGEN
R
3/18/2010
25.00CR
042263
5-179294 02,NITROUS,TEST CYLINDER
R
3/18/2010
95.95CR
042263
I-73716/179262 02 CYLINDER
R
3/18/2010
27.50CR
042263
189.45
02260
SS TELEMETRY
I-8456/8466 BOOSTER PUMP & LABOR
R
3/18/2010
2,590.53CR
042264
I-8463 CHECK BLOWER 3
R
3/18/2010
360.000R
042264_1950.53
11820
STEWART ORGANIZATION
I-134225 COPIER LEASE
R
3/18/2010
34.52CR
042265
34.52
18110
STRATEGIC GOVERNMENT RESOURCES, INC.
I-5001 EFFECTIVE COMMUNICATION
R
3/18/2010
32.000R
042266
32.00
02690
TECHLINE, INC.
I-1444203 3 PHASE FG STANDOFF BRACK
R
3/18/2010
21040.000R
042267
I-144570-00 TRIPLEX
R
3/18/2010
1,665.000R
042267
3,705.00
60
TYLER TECHNOLOGIES
I-160634 VIES SITE / UT ONLINE
R
3/18/2010
110.000R
042268
I-160635 WEB SITE / COURT ONLINE
R
3/18/2010
125.000R
042268
1-87475 CREDIT CARD SWIPERS
R
3/18/2010
170.000R
042268
405.00
02910
UPPER TRINITY
I-W271003 FEB 2010 VOLUME & DEMAND
R
3/18/2010
16,387.02CR
042269
16,387002
'_1R00
VIDEO LANGUAGE
I-454 12 INSTRUCTIONAL DVD
R
3/18/2010
289.80CR
042270
289.80
* * T 0 T A L S * NO#
DISCOUNTS
CHECK AMT
TOTAL
APPLIED
REGULAR CHECKS: 49
0.00
531167.87
53,167087
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: 49
0.00
53,167.87
53,167.87
TOTAL ERRORS: 0 TOTAL WARNINGS: 0
3/18/2010 10:58 AM A / P CHECK
REGISTER
PAGE: 1
PACKET:
03038 Regular PaymentsCM
VENDOR
SET: 99
BANK
POOL POOLED CASH ACCOUNT
CHECK
CHECK
CHECK
CHECK
VENDOR
NAME / I.D. DESC
TYPE
DATE
DISCOUNT AMOUNT
NO#
AMOUNT
07860
ACT PIPE SUPPLY, INC
I-407564 PVC PIPE
R
3/18/2010
292.60CR
042222
292.60
18100
AMERICAN MUNICIPAL SERVICES
I-5478 JANUARY BAD DEBT
R
3/18/2010
134439CR
042223
I-5536 WARRANT COLLECTION FEB
R
3/18/2010
1,035.99CR
042223
11170038.
19400
AMERICAN PLANNING ASSOCIATION
I-094401-091101 APA/AICP MEMBERSHIP
R
3/18/2010
380.00CR
042224
380.00
12680
BAILEY ENVIRONMENTAL, CORP
I-3-3-10 INSPECTIONS 2/18 - 3/5
R
3/18/2010
31700.00CR
042225
3,700.00
00420
BOUND TREE MEDICAL, LLC
I-80387469 MEDICAL SUPPLIES
R
3/18/2010
156.04CR
042226
I-80388205 MEDICAL SUPPLIES
R
3/18/2010
423032CR
042226
I-80398206 MEDICAL SUPPLIES
R
3/18/2010
38.26CR
042226
617062
20000
BRADBURRY SIGNS
I-34837 REPAIR DOOR C-671
R
3/18/2010
162.00CR
042227
162.00
20410
CARE NOW CORPORATE
I-WCDSW05296 RODNEY GARRETT
R
3/18/2010
SO.000R
042228
50.00
00050
CONLEY SAND G GRAVEL
I-8986 SAND,HAULING OFF TANDUM
R
3/18/2010
11540.00CR
042229
1/540600
08770
CPI OFFICE PRODUCTS
I-2509974-0 3 RING BNDR,COPY/RCVD STA
R
3/18/2010
35.49CR
042230
I-2511034-0 OFFICE SUPPLIES
R
3/18/2010
85.14CR
042230
120.63
00740
DCAD
I-5184 2ND QTR ALLOCATION
R
3/18/2010
41822.27CR
042231
4,822.27
08460
DELL COMPUTERS, LLP
I-XDNRPRX26 HARD DRIVE
R
3/18/2010
263.06CR
042232
263.06
03710
DENTON CO SHERIFF'S DEPT
I-201003172787 LAY OUT FEES
R
3/18/2010
140.00CR
042233
140.00
00840
DENTON PUBLISHING CO., INC.
I-45891 AD FOR ADMIN ASST
R
3/18/2010
85.80CR
042234
85.R0
3/23/2010 4:55
PM
A / P CHECK
REGISTER
PACKET:
03044
Regular
PaymentsCM
VENDOR,
SET: 99
BANK
POOL
POOLED
CASH ACCOUNT
CHECK
CHECK
VENDOR
NAME / Z.D.
DESC
TYPE
DATE
20000
BRADBURRY
SIGNS
C-201003192790
TAX
R
3/23/2010
I-34837
REPAIR DOOR C-671
R
3/23/2010
01570
LOWE'S COMPANIES,
INC.
I-35823
TOOL BOX, MOP,REFILL
R
3/23/2010
I-38462
HAND TOOLS E671
L E672
R
3/23/2010
I-67416
PLYWOOD, 2X4,
PVC, COUPLI
R
3/23/2010
** T O T A L S
REGULAR CHECKS:
HANDWRITTEN CHECKS:
PRE -WRITE CHECKS:
DRAFTS:
VOID CHECKS:
NON CHECKS:
CORRECTIONS:
REGISTER TOTALS:
TOTAL WARNINGS: 0
PAGE: 1
CHECK
CHECK
DISCOUNT AMOUNT
NO#k
AMOUNT
12.00
042271
162.000R
042271
l50.00
111.29CR
042272
767.09CR
042272
224.30CR
042272
11102,68
NO#
DISCOUNTS
CHECK AM^t
TOTAL APPLIED
0.00
1,252.68
1,252.68
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
_ 0.00 1,252.68 1,252.68
3/26/2010 4:45 PM A / P CHECK
REGISTER
PAGE: 1
PACKET:
03063 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
08280
A-1 PORTA PRIVY
I-75433 RENTALS @ RR BALL PARK
R
3/26/2010
200.00CR
042274
200.00
1
AARP HEALTH CARE OPTIONS
I-201003262803 OVERP
R
3/26/2010
99.64CR
042275
99.64
18100
AMERICAN MUNICIPAL SERVICES
I-5553 FEB 2010 UT COLLECTION
R
3/26/2010
319.97CR
042276
319.97
00270
ANIMAL HOSPITAL ON MILAM RD, P.C.
I-114666 VET SERVICE FEB 2010
R
3/26/2010
136.00CR
042277
136.00
21620
ASE
I-1029 CERT TESTING
R
3/26/2010
226.00CR
042278
226.00
02460
AT&T MOBILITY
I-201003262805 2/5 - 2/22
R
3/26/2010
12.30CR
042279
12.30
11250
BILL GEORGE PLUMBING
I-535257 LEAKY PIPE IN MENS ROOM
R
3/26/2010
165.00CR
042280
165.00
00420
BOUND TREE MEDICAL, LLC
I-80395269 DOPAMINE,GLUCAGON,NEEDLE
R
3/26/2010
848.53CR
042281
848,53-
10760
BRODART CO
I-M34105 BOOK LEASE 2010
R
3/26/2010
11794.00CR
042282
1,794.00
11010
C & 0 EQUIPMENT CO.
I-23722/23798 FRONT AXLE ASSEMBLEY
R
3/26/2010
3,307.41CR
042283
3,307.41
20410
CARE NOW CORPORATE
I-839634 PRICE/HUNTER
R
3/26/2010
85.00CR
042284
85.00
I
s
04590
CHIEF SUPPLY CORP.
I-323962 XTS 2500 BATTERIES
R
3/26/2010
598.87CR
042285
598.87
00640
COMMERCIAL SERVICES
1-201003262804 APRIL ICE MAKER
R
3/26/2010
400.00CR
042286
400.00
00050
CONLEY SAND & GRAVEL
I-9009 DELIVERY FEE - ASPHALT
R
3/26/2010
400.00CR
042287
400.00
3/26/2010
4:45 PM A / P CHECK
REGISTER
PAGE:
2
PACKET:
03063 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
17000
CONTENT WATCH
I-CW03252010-3 FILTERING SOFTWARE LICENS
R
3/26/2010
118.93CR
042288
118.93
00790
COUNTY BUILDERS SUPPLY, INC.
I-10025096 KEYS
R
3/26/2010
4.50CR
042289
I-10025129 WATER HOSE
R
3/26/2010
53.98CR
042289
58.48
08770
CPI OFFICE PRODUCTS
I-2524920-0 TONER FOR PRINTERS
R
3/26/2010
127.98CR
042290
127.98
11570
CULLIGAN
1-05444283 WATER SERVICE
R
3/26/2010
22.05CR
042291
22.05
13630
DECATUR ELECTRONICS
I-00189890 HANDHEALD RADAR GUN
R
3/26/2010
625.00CR
042292
625.00
03800
DEMCO
C-201003222794 DEMCO
R
3/26/2010
1.00
042293
I-3803088 PROGRAM SUPPLIES
R
3/26/2010
222.42CR
042293
221.42
00860
DENTON TROPHY HOUSE
I-01733 ID TAGS
R
3/26/2010
27.50CR
042294
27.50
_0620
DEVICES & CALIBRATION SERVICES, INC
I-10-12304 ANNUAL CALIBRATION
R
3/26/2010
350.00CR
042295
350.00
17640
DOLLAR GENERAL - CHARGED SALES
I-104493 CUPS,CREAMER,SUGAR,CLEANE
R
3/26/2010
98.50CR
042296
98.50
20710
CHERYL HAZELWOOD-ESTES
I-559 FEB 2010
R
3/26/2010
11487.50CR
042297
1,487.50
r
20980
EXPRESS SERVICES, INC.
I-98315401-4 CORTEZ 2/28
R
3/26/2010
435.52CR
042298
i
I-98337309-3 CORTEZ 3/07
I-98349546-6 CORTEZ 3/14
R
R
3/26/2010
3/26/2010
544.90CR
544.40CR
042298
042298
1,524.32
19270
FAMILY DOLLAR
I-201003262807 COFFEE,SOAP,PAPER TOWEL
R
3/26/2010
39.55CR
042299
39.55
18340
FIRST ADVANTAGE BACKGROUND SVCS
I-7750YD1002 D BENSON
R
3/26/2010
20.SOCR
042300
20.50
3/26/2010
4:45 PM
A / P CHECK
REGISTER
PACKET:
03063 Regular Payments
VENDOR
SET: 99
BANK
POOL POOLED CASH
ACCOUNT
CHECK
CHECK
VENDOR
NAME / I.D.
DESC
TYPE
DATE
18790
FUELMAN
I-NP23900635
FUEL 3/8 - 3/14
R
3/26/2010
03340
GENE GOHLKE
I-02579
ATHLETIC FIELD MARKER
R
3/26/2010
03740
GRAYSON COUNTY COLLEGE
I-15078
SPANISH 12/4-12/5
R
3/26/2010
16580
HENRY SCHEIN INC.
I-4398379-01
MOUTHPIECE
R
3/26/2010
07750
HOME DEPOT/GECF
I-2139043
8' FLORESCENT LIGHT FIYTU
R
3/26/2010
20200
IMS ALLIANCE
I-76731
PASSPORTACCOUNTABILITY
R
3/26/2010
20220
INGRAM
i
I-50223590
21 BOOKS
R
3/26/2010
I-50378389
21 BOOKS
R
3/26/2010
1-50400137
24 BOOKS
R
3/26/2010
_620
INTERNATIONAL CODE COUNCIL
INC.
I-1190229
CODE ENFORCEMENT/FIRE INS
R
3/26/2010
I-1i90540
CODE ENFORCEMENT/FIRE INS
R
3/26/2010
I-1190596
CODE ENFORCEMENT/FIRE INS
R
3/26/2010
21220
IRBY TOOL & SAFETY
I-5122787
#2 STRAND BARE WIRE
R
3/26/2010
21880
KRUM PUBLIC LIBRARY
I-03202010
2 BOOKS
R
3/26/2010
01310
LUTTRULL MCNATT, INC.
I-512812
DASH CLUSTER FOR TRUCK
R
3/26/2010
18730
MCDORMADT SIGNS & ADVERTISING
INC.
I-1852
LETTER POLICE CAR
R
3/26/2010
05600
MOORE MEDICAL CORP.
I-201003242797
REPLACE CKH40506
R
3/26/201C
PAGE: 3
CHECK CHECK
DISCOUNT AMOUNT NO# AMOUNT
1,801.45CR 042301 1,801.45
308.00CR 042302 308.00>
80.00CR 042303 80.00
29.BOCR 042304 29.80
^_70.34CR 042305 270.34
337.77CR 042306 337.77
15.22CR 042307
39.99CR 042307
74.75CR 042307 129.96
59.00CR 042308
59.00CR 042308
118.95CR 042308 236.95
4^_8.00CR 042309 428.00
17.45CR 092310 17.45
395.00CR 042311 395.00
1,125.00CR 042312 1,125.00
993.O1CR 092313 993.01
3/26/2010 4:45 PM A / P CHECK
REGISTER
PAGE:
4
PACKET:
03063 Regular Payments
VENDOR
SET: 99
BANK
POOL POOLED CASH ACCOUNT
CHECK
CHECK
CHECK
CHECK
VENDOR
NAME / I.D. PESO
TYPE
DATE DISCOUNT
AMOUNT
NO#
AMOUNT
16060
ANDREW NEIGHBORS
C-201003242798 ANDREW NEIGHBORS
N
3/26/2010
58.34
000000
I-201003192791 55TH ANNUAL ELECT POWER
N
3/26/2010
58.34CR
000000
0.00
08690
O'REILLY AUTO PARTS
I-201003262801 2010 TECH TRAINING
R
3/26/2010
309699CR
042314
309.99
10120
OFFICE DEPOT CREDIT PLAN
I-201003262808 PEN,MARKER,PAPER,INK
R
3/26/2010
273.69CR
042315
273.69
12710
PETTIT MACHINERY, INC
I-P56872 BLOWER, EDGER
R
3/26/2010
483.98CR
042316
483.98
02050
PITNEY BOWES, INC.
I-696692 INK FOR POSTAGE MACHINE
R
3/26/2010
159.99CR
042317
159.99
04240
MIKE PRATER
I-201003192792 55TH ANNUAL ELECT POWER
R
3/26/2010
58.34CR
042318
58.34
17270
PROFESSIONAL TURF PRODUCTS
I-1099324-00 REPLACE TINES IN INFIELD
R
3/26/2010
110.00CR
042319
110.00
40
RADIO SHACK
I-10039335 VHS TAPES
R
3/26/2010
170661CR
042320
17.61
10800
RDJ SPECIALTIES, INC
I-349884 PUB ED BOOKS
R
3/26/2010
485.20CR
042321
I-350558 COLORING BOOKS
R
3/26/2010
374.75CR
042321
859.95
02170
REINERT PAPER & CHEMICAL, INC.
I-246452 COPY PAPER
R
3/26/2010
30400CR
042322
I-246999 CLEANER, RAPIER TOWELS
R
3/26/2010
80.08CR
042322
I-247640 "D" BATTERIES
R
3/26/2010
6.52CR
042322
I-247642 JANITORIAL SUPPLIES
R
3/26/2010
233.90CR
042322
350.50
17400
PRECIOUS STAFFORD
1-31710 MARCH 6-16 2010 SUPPORT
R
3/26/2010
582.00CR
042323
582.00
18620
STERICYCLE
I-4001568307 BIO PICK-UP
R
3/26/2010
19.72CR
042324
19.72
li900
TARRANT COUNTY COLLEGE
I-54869 INTOXILYZER OPER CERT
R
3/26/2010
181.00CR
042325
181.00
3/26/2010 4:45 PM A /
P CHECK
REGISTER
PAGE: 5
PACKET:
03063 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
18400
TECH SERV CONSULTING & TRAINING, LTD.
1-20100205 POLE LICENSE AGREEMENT
R
3/26/2010
2,000.00CR
042326
21000.00
02690
TECHLINE, INC.
I-1444287-00-PROTECTA LITE ARRESTERS
R
3/26/2010
-
3,420.000R
042327
I-1444397-00 250 W HPS LUMINAIRE
R
3/26/2010
654.000R
042327
I-1444627-00 15OW HPS SECURITY LIGHTS
R
3/26/2010
49.50CR
042327
4,123.50
05350
TEXAS EXCAVATION SAFETY SYST
I-10-1153 FEB 2010
R
3/26/2010
29.45CR
042328
29.45
1
UNITED HEALTHCARE INSURAN
I-201003262802 REFU
R
3/26/2010
11361.51CR
04 232 9
11361.51
02880
UPS
I-201003262806 PROBEWELL REPAIRS
R
3/26/2010
104.18CR
042330
104.18
16400
UTA / BUILDING PROFESSIONAL INSTITUTE
1-201003192793 BPI ATTENDENCE
R
3/26/2010
450400CR
042331
450.00
21450
WEST
I-819702971 2010 TX ENVIRONMENTAL
LAW
R
3/26/2010
74.50CR
042332
74.50
* * T 0 T A L S * *
NO#
DISCOUNTS
CHECK AMT
TOTAL
APPLIED
REGULAR CHECKS:
59
0.00
31,017.09
31,017,09
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:
1
0.00
0.00
0.00
CORRECTIONS:
0
0.00
0.00
0.00
REGISTER TOTALS:
60
0.00
31,017.09
31,017.09
TOTAL ERRORS:
0 TOTAL WARNINGS: 0
3/30/2010
11:21 AM DIRECT
PAYABLES CHECK
REGISTER
PAGE: i
PACKET:
03082 brazos
VENDOR
SET:
99 AP VENDOR SET
BANK:
POOL POOLED CASH ACCOUNT
CHECK
CHECK
CHECK CHECK
VENDOR
I.D.
NAME
TYPE
DATE
DISCOUNT AMOUNT NO# AMOUNT
18430
FIRST UNITED BANK
I-201003302809
JAN 21 - FES 20 2010
R 3/30/2010
41,068.51 042333 41,068.51
* B A N K T O T A L S *
NO#
DISCOUNTS
CHECK AMT
TOTAL APPLIED
REGULAR CHECKS:
1
0.00
41,068.51
41,068*51
HANDWRITTEN CHECKS:
0
0000
0,00
0000
PRE -WRITE CHECKS:
0
0,00
0,00
0400
DRAFTS:
VOID CHECKS:
0
0
0400
0600
0,00
0.00
0000
0.00
NON CHECKS:
0
0400
0400
0.00
CORRECTIONS:
0
0.00
0,00
0000
BANK TOTALS:
I0400
41,068.51
41,068.51
Ngeh
zTEXAS
COUNCIL AGENDA ITEM
AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance
❑ Yes
❑ Not Applicable
❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal
❑ Yes
❑ Not Applicable
Council Meeting Date: April 5, 2009 Submitted By: Mike Brice
City Manager Reviewed/Approval Initials Date-g 0
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ REAPPOINTMENTS
AGENDA CAPTION
Consider Approval to Authorize Soliciting Requests for Proposals for a Construction Manager at Risk
for Management of Construction of Porter Sports Park and the Keaton Road Extension.
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
After consulting with the Architect, staff believes that constructing the sports park and road under a
construction manager at risk provides the best advantage to the City. Proposals from Construction
Managers will be received, reviewed and ranked by staff. Staff will be looking for Companies with a
proven track record in construction of quality sports parks and with a familiarity with operating as a
Construction Manager at Risk. Staff s recommendation will then be forwarded to the Council for its
consideration. Staff will then negotiate a contract with the chosen Construction Manager at Risk
including a maximum price for the project. The Construction Manager at Risk will then guarantee that
price as the maximum price, notwithstanding change orders.
STAFF OPTIONS & RECOMMENDATION
Staff recommends approval.
List of Supporting Documents/Exhibits Attached:
Prior Action/Review by Council, Boards, Commissions or Other
• Request for Proposals Porter Sports Complex
Construction and Keaton Road Extension
Agencies:
• None
Construction Manager at Risk
City of Sanger, Texas
Request for Proposals
Porter Sports Complex Construction and Keaton Road Extension
Construction Manager at Risk
April 2010
Definitions:
City —Means the City of Sanger, Texas and its officers and employees.
Construction Manager at Risk —Means the person or firm thafi assumes the risk for
construction of the improvements at the contracted price as a general contractor and provides
consultation to the City regarding construction during and after design of the facility.
Offeror —Means any person or firm submitting an RFP for consideration.
RFP —Means the Request for Proposal submitted for consideration.
Review Process: Consideration of proposals will follow the requirements of § 271.118 of the
Local Government Code. Selection of a CMR shall be done in one phase. The City will evaluate
each offeror's experience, technical competence, safety record, and capability to perform, the
past performance of the Offeror's team and members of the team, and other appropriate
factors submitted by the Offeror. Offeror's will then be ranked based on the criteria and the
City shall attempt to negotiate a contract with the highest ranking Offeror. If negotiations are
unsuccessful, the next highest ranking Offeror will be contacted for negotiations and so forth
until a contract is negotiated.
City Designated Engineer: The Engineer designated by the City to act as its representative is
Mr. Robert Woods P. E. He can be reached at 940-458-2571.
Submittal of RFP: RFP's must be submitted by 2:00 PM on April 26th, 2010. RFP's must be in a
sealed envelope and delivered before the deadline to Mr. Robert Woods. If delivered by US
Mail, send to Mr. Robert Woods, City of Sanger, P.O. Box 1729, Sanger, TX 76266. If delivered
by hand or other carrier deliver to: Mr. Robert Woods, City of Sanger, 201 Bolivar, Sanger, TX
76266. All RFP's must be marked prominently on the outside of the envelope "Porter Park RFP
Do Not Open".
1
Information to be included in the RFP:
• An explanation of the Offeror's experience, technical competence, and capability to
perform and the past performance of the Offeror's team.
• A list of at least five projects of a similar nature completed by the Offeror. The list shall
include a brief explanation of the project, the year it was completed, the location of the
project, a contact person from the entity involved and a phone number for that contact
person.
• A history of the education and experience of the person or firm who will serve as the
Construction Manager at Risk for the project.
• A history of the education and experience of the person that will serve as the primary
on -site manager during the construction of the project.
• Any other information that would help in the selection process.
Project Site and Scope: The City of Sanger is requesting RFP's from Offerors to serve as the
Construction Manager at Risk (CMR) for construction of a multi -use sports complex and
adjoining road extension. The selected CMR will serve as the general contractor and provide
consultation to the city on construction during the entirety of the project.
Construction of the project will be located at the site shown in exhibit A (See attached diagrams
and photos). Interested Offerors are encouraged to visit the site prior to submitting an RFP.
Site visits can be arranged through the City Engineer.
Parameters and Scope: The following parameters should be considered by the Offeror in
preparing the RFP and will be the guidelines used in the design of the project.
• The total budget for the entire project, including all ancillary costs, is $2,200,000. The
City may consider phasing some of the work to remain within budget.
• The project area is approximately forty (40) acres. Most of the project area lies in the
flood plain and part of the project area is in the flood way (see attached flood map). A
detailed flood study is currently underway.
• Project includes construction of approximately 2,200 linear feet of two lanes, twenty-
two (22) feet wide and &inch (6") thick concrete pavement on treated subgrade. Project
also includes construction of a concrete park road approximately 1,610 square yards (24
feet wide) and 12,225 square yards of concrete parking. Geotechnical report will be
provided as part of construction documents.
• Project includes construction of approximately 1.2 miles of concrete trail, ten feet wide
(+/-7,000 square yards).
• Project includes construction of three lighted softball fields with 225 feet deep outfields.
• Project includes construction of one standard adult soccer field, with lighting as an
alternate, and preparation on approximately 6.50 acres for flexible layout of smaller
soccer fields.
• Project includes construction of a rest room / concession stand building, playground and
two pavilions in a central courtyard.
• Where required, all aspects of the park shall meet or exceed any and all safety and ADA
requirements and any features or equipment shall bare the required safety
certifications.
• All City connect fees, permits and inspection fees due to the City of Sanger will be
waived by the City of Sanger.
• Inspection of all construction will be performed by the City. Testing will be performed
by a third party firm contracted by the City. Cost associated with the testing will be paid
directly by the City. CMR will be responsible for calling for and coordinating all
inspections and testing.
Judgment Criteria: RFP shall be evaluated on the following criteria.
• Completeness of the RFP.
• The Offerors experience in construction similar facilities.
• The Offerors expertise in the field.
• The Offerors experience as a Construction Manager at Risk.
• Offeror's safety record.
• Other information supplied by the Offerors.
• Interviews may be conducted at the City's sole discretion.
Bonds Required:
The following bonds will be required of the successful CMR. The timeframe for the submittal of
these bonds is outlined below.
• A performance and payment bonds in the amount of the awarded contract is to be
submitted with the signed agreement prior to execution of the contract.
• A two (2) year maintenance bond effective on the date of acceptance of the project as
complete by the City. The maintenance bond will be required prior to final acceptance
of the project. There will no partial or conditional acceptance of any phase of the
project.
Other Requirements:
The successful CMR will also be required to provide a general liability policy naming the City as
an insured party in an amount of no less than $1,000,000. Proof of workers compensation
coverage must also be provided by the successful CMR for the CMR and all sub -contractors.
:MR is solely responsible for meeting all Federal and State safety and labor regulations as well
as any other pertinent Federal and State regulations. It is not necessary to submit this
information with the RFP. The CMR will also need to provide an affidavit of payment from all
sub -contractors involved in the project.
Time of Construction
3
It is anticipated that a contract will be awarded in June/July of 2010. It is the desire of the City
that the park be completed and ready to open in May of 2011. However, the City realizes
progress of this project will depend heavily on the weather.
COUNCIL AGENDA ITEM
AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance
❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal
❑ Yes
❑ Not Applicable
M Yes
El Not Applicable
Council Meeting Date: April 5, 2009 Submitted By: Tami Taber
City Manager Reviewed/Approval Initials ooeN Date e 5k� l 0
ACTION REQUESTED: ®ORDINANCE ❑ RESOLUTION ® APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ REAPPOINTMENTS
AGENDA CAPTION
Consider Approval of Ordinance #04-0740 — Declaring Unopposed Candidates for Mayor and
Council Members Elected to Office; Requiring Issuance of a Certificate of Election to Each
Candidate; and Providing an Effective Date.
FINANCIAL SUMMARY
®N/A [']GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P [:]BUDGETED ❑NON -BUDGETED
FISCAL YEAR:
PRIOR
YEAR
CURRENT
YEAR
FUTURE
YEAR(S)
TOTALS
Proposed Expenditure Amount
Encumbered Amount
BALANCE
FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $
BACKGROUND/SUMMARY OF ITEM
Since only one candidate filed for each office and only that candidate can be elected to that office, there
is no need to have an election. This ordinance cancels the election and provides that candidates be
issued a certificate of election.
STAFF OPTIONS & RECOMMENDATION
Staff recommends approval.
List of Supporting Documents/Exhibits Attached:
Ordinance #04-07-10
Prior Action/Review by Council, Boards, Commissions or Other
Agencies:
ORDINANCE # 04-07-10
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, DECLARING UNOPPOSED
CANDIDATES FOR MAYOR AND COUNCILMEMBER ELECTED TO OFFICE,
REQUIRING ISSUANCE OF A CERTIFICATE OF ELECTION TO EACH
CANDIDATE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, an election was called for May 8, 2010, to elect a Mayor and two members of
the City Council; and
WHEREAS, each candidate whose name appeared on the ballot was unopposed; and
WHEREAS, no proposition or opposed at -large race appeared on the ballot and
the City Secretary certified that there was only one candidate for Mayor and two candidates for
Councilmember and that, therefore, each candidate is unopposed for office; and
WHEREAS, no candidate's name was placed on a list of write-in candidates for any office
under applicable law; and
WHEREAS, the City Secretary has delivered such certification to the City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SANGER, TEXAS:
SECTION 1. The City Council finds that the above stated premises are true and correct.
SECTION 2. That the unopposed candidates for City Council listed below are hereby
declared elected to the office listed, to wit:
Thomas Muir -Mayor, for a term of two years;
Gaiy Bilyeu-Councilmember, Place 2, for a team of two years; and,
Andres Garza-Councilmember, Place 4, for a team of two years.
SECTION 3. The City Secretary is directed to post a copy of this ordinance on election
day at each polling place that would have been used for the election. The City Secretary is directed
to issue a Certificate of Election to each of the above- named members of the City Council in the
same manner and at the same time as if the election had been held. Each person elected must
qualify for the office in the manner provided by the Texas Constitution,
SECTION 4. This ordinance shall take effect from and after its passage, as the law and
Charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS, ON THE DAY OF 20100
MAYOR
ATTEST:
TAMI TABER, CITY SECRETARY
City Attorney (RLD/3-10-10/42461)
Certification of Unopposed Candidates
By the City Secretary
STATE OF TEXAS
COUNTY OF DENTON
CITY OF SANGER
I, the undersigned, Tami Taber, certify that I am the City Secretary of the City of Sanger,
Texas, and the authority responsible for preparing the ballot for the May 8, 2010, general
municipal election. I further certify that no proposition appeared on the ballot at the election, no
person has made a declaration of write-in candidacy, and all of the following candidates were
unopposed for the offices listed below and, were the election held, only the votes cast for such
candidates in the election for that office may be counted, to wit:
Thomas Muir -Mayor, for a term of two years;
Gary Bilyeu-Councilmember, Place 2, for a term of two years; and,
Andres Garza-Councilmember, Place 4, for a term of two years.
WITNESS MY HAND AND SEAL OF OFFICE in Sanger, Texas, the
day of 2010.
Tami Taber, City Secretary
SEAL:
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: April 5, 2009 Submitted By: Mike Brice
City Manager Reviewed/Approval Initials Date NO
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ REAPPOINTMENTS
AGENDA CAPTION
Consider and Approve the 4A Economic Development Boards Actions Regarding the Lease of 103
Bolivar, Financing of Finish Out for the Building and Payment of Commission to Elk River Real
Estate for Marketing and Brokering of the Lease.
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
The 4A board has approved the City Manager to negotiate and execute the lease of 103 Bolivar based
on the terms of the accompanying letter of intent. Further, they have authorized payment to the Lessee
in the amount not to exceed $150,000 for finish out of the office area and other improvements. This
cost will be amortized and paid back by the Lessee over the life of the lease. Elk River Reality has
marketed the building and serves as our broker. Under the terms of our contract with Elk River we owe
them 4% of the Gross Lease Price as their commission for marketing and serving as our Broker. As you
are aware, expenditures authorized by the 4A board must also be approved by the City Council. Staff
recommends approval.
STAFF OPTIONS & RECOMMENDATION
Staff recommends approval.
List of Supporting Documents/Exhibits Attached:
Prior Action/Review by Council, Boards, Commissions or Other
• Elk River Letter of Intent to Lease
• C & M Six Year Lease Cash Flow Summary
• Sanger Economic Development Project Impact
Estimate
Agencies:
• Approved by 4A Board 3/22/2010
r. _
1 a'�v JC
dS80 Long Prairie Rond. LE LC 2i?ft
Floveer Mound. Texas 7,1028
4()9*&6 ; 5-2lS00
l:cttci� of Intent trt 1,4;4se
iG•1arch li.=f13d.1
�_ 1i93i5�rt 1'�ttrG
C'&t.m Steel
621 SkIl4w Lane
I peni�,n, Texas 7�_O"
FiF: E"rrrEtcrwaE ttM I.easi
LkeaU' C �8ni�lt:
[ aan pleased t�� 1�r4�ent tftc c�7EE+���in� li:asc. i,ftcr fir lfi.i E3c�Iivsrr 5atr�cr, 'l:X "G2ia6. l=edEz���ing are tlt::.
terms and ct ndflicans by wliich ties WOUld like to pt'oeeed to lease direllmunUilit,n:
'C'�=nFtnt; C' ��. \•1 steel
LFind}rtt�cl: tit�t'iger T��ta:� Intlttstrittl F)ecelnl:tt�iet�t t:or��
i'ren�iscs: :'lppeosirttately S 1,000 sduarc foot +t� facility tivitlt <<1rd spac4 to b�
determined, locaicd at 1(13 }3o War Sanger. TX 762Gti.
Fri;ntar�� Term: Al
Canimencemcnt Date: .tune 1, 201 t)
t✓tptit�ns: 1 x � year renewal option at tltcn tttarkct rent
Lse: Ofticc,Mattufacturing Space
E3ase Rent: Months :'iLnnutt! Rate 1\•i�zltltJv ltat�
1 �2� 57 27,5tifi.tlU 510,6?>.00
25436 $1ii.875.00 $114156:25
3745 S110,568.75 $11,714.05
49�60+147,597. 1i3 127299.77
61-72 $154,977.04 $ l 2,914.75
ImprQvemeut: Landlord to provide Tenant Itttprovcment to be_ amortized fhrou�,Et 1}te
life cif the Lease. Tenant ltatprovt�tnc:nt to be approved by L_ andlord and
Tenant. Tenant must obtain applicable permits from the City of Sanger
and must adhere to all applicable City of Sanger requirements. City of
Sanger will waive permit fees for Tenant improvement. Scope of
improvements not to exceed $ t 50,000 00.
F x1stin; Tenant Obligations it is undurstood that Tenant 111M cln exlsttllg l.ea e tr 1 QN111011 tht:t hr3s
beell ne;,otiuled with currm U(ndlctird. that Leas: [myrnerlts C01111miir1q,
fir �rric t`ct.r Crrrar 1'Jt:altin�x=. cltrrenf lease spa4e «'ill release Tc3latatt ti•c�lat
ti1r11101' obtik�tttivtl. The 10 " ]• o iv;lr landlord NvIll discount to the Tenant.
liar (ate yeff beLnMIJIM CNIJ C0111mencement l Cite, up to S l 00.000-M lal
emslmy I..C;iL (}Elltys;itlial9 discountedllttstltlll�'_
,��Eettr-rr�'als:
t,errse is �tr153;:i°t ter ,ll,lii'rw�'.rI 'i't;171 [flc �t.� 13a;ttrci and t�i[� tl,itt(7ell.
l 11ati prtlpc�i:41 !;� Ill1t ntt�llilCd tC7 1)C �l t'•i�ntl:'3Ct. l�ktl 1ti i3rtl�' tllr t:�j�ressa,arl (a�'illilti4. E1:1S1C t1'-rill'.:ltld
(Ijrltiltlt5n . which IN III bs incorporated into a tInal [case agr'e;:raler(t. unti «III Coil 1(IIII such CC1IltOIlt ils 111XV
hL rnulultll� r3cecpttrizlc to E_[rndlord and Termnt, in the sale d scr'ctitin O r rrcll. Further. <rnV lainclino
rr.}rc a?1`ni 1r113st be evicienc:4:d by such tituil lease agreementexMiml h\' both Luildlord .md Tenant.
i''Icttse intlicute } tatar client ti i3t;i,:t`11tt117(4� c71 til(' tIj'C71'4 f�'I111S ant: t:l�rlilltitlliti h�' tittnil?j� tl(:1t61�' :1flil TGtIIZ'tinl`�
3 Coo, 1t1 us tilt vour e:irlIU14A �C(1m crlicrice. Do not hesitate to Contact trig sElouht you h.3VL 1.11L' i113(:5t14111 s.
�+1nt:CrelV-
Ste1'e ��'�CllkitlS
EEk River Real 11mate
}'�C_;iZ.1I1L7 AItiIL7:1CtEi'TE:L7
TlrNt�TT: C&bI 4TE1LL
LANDL(7RC1. SA,:'�'C:�:It T)��AS LiDL1STRIAL
DE'YELC)1f'�'IFN't' C:C�IZ:I'U12ATtC)1'�
Btr:
Title:
,
Or
,�'' �t a'
rrD V►
? " ��
%fD m oLn Or 1 4
O x O r
O LT (DD
O (D N
!D 'S
O (DD
Ln
n �
wUl N U7 00 O
O O W N
O .p O rn W Ul
O mv
�—
O (D cil
W N �U't � fD
X
ONIMA O O N m
r+ C) to O Ql Ln N D
�- 10
p O O CD 70
m
s (D 4jp). to A
Oq' m
W N Vi hos M D
�G Ln IMA FA =I
Ln O O Ul Vf
NW
O O
0 Q. Ln O O Lni
�-r O
in
v
O Vf
fCD C .{p 0 IV ulI FY-� fD C
O p
N X 00 O m 'p
O CS O O
(A 11%, O O 1
CL
fD
fD N N Ln N N
Ln
o o NJ
Ln Un
crr v}
Or r
m.
.N N N,
C o o �.
�4 O G� W
tit O O t17
AD O O l0
Sanger Economic Development
Project Impact Estimate
For Project:
IMPACTS
Employment:
Total Payroll:
Direct Impact
27
$810,000.00
C&M Steel
Indirect &
induced
7
$40p500.00 $
Total Impact
Q!
850,500.00
New Investment
Real Property: $800,000.00 $20%000.00 $ 11000,000000
Personal Property: $150,000.00 $37,500,00 $ 187,500.00
New Residential: $337,500.00 $84,375.00 $ 421,875.00
Total $11287,500.00 $321,875.00 $1,609,375.00
New Heal Property Tax
City $4,960.00 $1,240.00 $ 6,200.00
County $1,886.16 $471.54 $ 2,357.70
School $10,960.00 $2,740.00 $ 13,700.00
Total $171806.16 $4,451.54 $22,257.70
New Personal Property Tax
City $930.00 $232.50 $ 1,162.50
County $353.66 $88.41 $ 442.07
School $2,055.00 $513.75 $ 2,568.75
Total $3,338.66 $834.66 $4,173432
New Total Property Tax
City $5,890.00 $1,472.50 $7,362.50
County $2,239.82 $559.95 $2,799.77
School $13,015.00 $30253.75 $16,268.75
Total $211144.82 $5,286.20 $266*431.02
COUNCIL AGENDA ITEM
AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance
❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal
❑ Yes
❑ Not Applicable
❑ Yes
❑ Not Applicable
Council Meeting Date: April 5, 2009 Submitted By: Mike Brice
City Manager Reviewed/Approval Initials�7 Date
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ REAPPOINTMENTS
AGENDA CAPTION
Consider and Approve an agreement with Emergicon LLC for EMS billing services and authorize City
Manager to execute the Agreement.
FINANCIAL SUMMARY
❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE [']Cl P [']BUDGETED ❑NON -BUDGETED
FISCAL YEAR:
PRIOR
YEAR
CURRENT
YEAR
FUTURE
YEAR(S)
TOTALS
Proposed Expenditure Amount
Encumbered Amount
BALANCE
FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $
BACKGROUND/SUMMARY OF ITEM
Staff believes that Emergicon currently provides the best solution for our EMS billing. They are an
established company with a good reputation. They will be charging us 8% of collections as opposed to
the 12% currently charged by Intermedix. We should also see an increase in collections. We plan to
monitor collections closely to ensure we are maximizing our collections. Emergicon's contract can be
terminated at any time with 30 days notice. Staff recommends approval.
STAFF OPTIONS & RECOMMENDATION
Staff recommends approval.
List of Supporting Documents/Exhibits Attached:
• Emergicon Service Agreement
Prior Action/Review by Council, Boards, Commissions or Other
Agencies:
• None
EMERGICON SERVICE AGREEMENT
This Service Agreement (this "Agreement") is entered into by and between Emergicon,
,LC, a Texas corporation ("Emergicon" , and the City of Sanger, Texas hereto (the "Provider").
)
RECITALS
WHEREAS, Emergicon prml 3 billing and collections services, and other support
services (the "Services") to local government agencies, municipalities, fire departments,
ambulance providers, and medical emergency services;
WHEREAS, Provider, as part or all of its overall activities, provides emergency and/or
non -emergency medical and ambulance services, including emergency medical responses, and
Aber patient encounters and/or patient ambulance transportation (the "Ambulatory Services");
and
WHEREAS, Provider is desirous of obtaining the Services of Emergicon.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows.
ARTICLE ONE
TERM AND TERMINATION
1.01 Term. Subject to the terms and conditions set forth herein and except as provided
in Section 1.02, the initial term of this Agreement shall be for a period of three (3) years from the
date of this Agreement (such initial term, together with all extensions thereof, shall be referred to
herein as the "Term"). This Agreement may be renewed at the end of the current Term for two
additional one (1) year periods.
1.02 Termination. Notwithstanding any provision of this Agreement to the contrary,
this Agreement may be terminated by either parry, without cause and without liabty (except for
continuing obligations during such period), upon thirty (30) days advance written notice to the
other party.
1.03 Obligations During Notice Period. During the 30-day notice period specified in
Sections 1.02, Emergicon shall be entitled to receive compensation for all Accounts (as defined
in Section 2.01) billed and collected with respect to the Services and for all other activities
performed pursuant to this Agreement, and shall be entitled, after the end of the termination
period to receive compensation for all amounts billed during the termination period but not
collected until after the end of the termination period.
1.04 Obligations on Termination. Upon termination of the Agreement, for whatever
cause, Emergicon will immediately return all original medical records to Provider and shall, at
Emergicon's sole discretion, provide to Provider a digital copy all records related to Provider.
EMERGICON SERVICE AGREEMENT Page 1
1.05 Mailing of Notices. Any notice required or permitted pursuant to this Agreement
shall be in writing and shall be deemed sufficient when delivered personally or sent by telegram
or fax or forty-eight (48) hours .after being deposited in the U.S. mail, as certified or registered
mail, with postage prepaid, addressed as follows:
(a) If to I
City of Sanger
PO Box 1729
Sanger, Texas 76266
Attention: City Manager
Fax. 9404584180
If to Emergicon:
Emergicon, LLC
PO Box 180446
Dallas, Texas 75218
Attention: Christopher Turner
Fax: 214-328-0749
Each party shall be entitled to specify a different address by giving five days' written
notice to the other parry. All such notices and communications shall be deemed to be received
the same day if by fax (provided the sender has a fax machine/fax database generated proof of
receipt) and in three (3) business days if by mail.
ARTICLE TWO
BILLING &COLLECTIONS
2.01 Billing. During the Term, Emergicon shall be responsible for the billing of
charges and fees relating to the Services as directed by and provided by Provider, including, but
not limited to, private insurance, Medicare, Medicaid, and other governmental programs relating
to:
(a) patient encounters that occur during the Term; and
(b) other patient encounters forwarded to Emergicon for billing.
(Note: each set of such charges and fees for the Services related to an individual patient
encounter maybe referred to herein as an "Account" or, collectively, the "Accounts").
2.02 Compensation. In consideration for Emergicon providing the Provider with the
agreed upon billing services described in this Article Two, the Provider will pay Emergicon a
commission equal to that detailed in Addendum A.
EMERGICON SERVICE AGREEMENT Page 2
Additionally, accounts placed with Emergicon that were previously billed by another
billing provider but are refiled and collected by Emergicon are subject to an eighteen percent
(18%) commission of actual collections.
All fees sha11 be payable monthly within thirty (30) days of receipt of invoice.
2.03 Copies of Records. From time to time, Emergicon may receive requests from
patients or the representatives of patients for copies of treatment records. Emergicon will
forward all requests for medical records to Provider. The Provider shall be responsible for
responding to all such requests.
2.04 Records of Patient Encounters.
(a) Emergicon shall use its reasonable best efforts to bill all Accounts within three (3)
business days of such patient encounter. Such records shall be deemed to be the property of
Provider, but Emergicon shall have the right to duplicate and retain paper or electronic copies of
the records. If the records exist only in electronic form, each electronic copy shall be deemed to
be an original for the purposes of this Agreement. Provider shall have no obligation to. forward
original medical records during the 30-day notice period regarding termination as set forth in
Paragraph 1.02.
(b) Provider acknowledges that Emergicon has no responsibility for complying with
all provisions of Title 42 C.F.R. Section 410.40 which states, in part, that an ambulance service
bears the responsibility for obtaining Physician Certification Statements ("PCS's"). Provider
further understands and concurs that Emergicon is neither an ambulance service nor an
ambulance provider within the definitions as set forth by the Centers for Medicare and Medicaid
Services.
2.05 Requests for Cow. Requests for copies of medical records should be submitted
directly to Emergicon. Either Emergicon or Provider may authorize release of the records such
that the release is in accordance with the standards and time requirements established by State
and Federal law, including but not limited to the requirements of Section 773.091 Texas Health
and Safety Code.
2.06 ActivitvReports. Emergicon shall provide to Provider summary and detail
monthly reports of all billing activities that occurred during the preceding month as requested by
the Provider by the fifth (5`'') business day of the month.
2.07 Information Received by Provider. To the extent that Provider receives payments
or original copies of documentation directly, Provider shall forward to Emergicon copies of
checks, Explanations of Benefits and/or other documentation within five (5) days of the date of
receipt of payment by Provider.
2.08 Support Services. Emergicon will provide patients and personnel of Provider
with telephone support services during normal business hours (Monday -Friday from 9:00 a.m.
to 5:00 p.m.) except on public holidays or other holidays as established by Emergicon.
EMERGICON SERVICE AGREEMENT Page 3
2.09 Obligation for Payment. Payment in accordance with this Article Two shall be
due and owing to Emergicon by Provider for all Accounts collected during the Term and
collected after the. Term but billed during the Term by Emergicon regardless of whether payment
was made to Emergicon or to Provider. Emergicon and Provider agree that the purpose of this
Section 2.10 is to guarantee that Emergicon is the only provider engaging in billing services on
behalf of Provider.
ARTICLE THREE
INDEMNIFICATION AND FIDELITY BOND
3.01 Emergicon's Indemnification. Emergicon shall indemnify and hold harmless
Provider from and against claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from Emergicon's performance of activities pursuant
to this Agreement, but only to the extent caused by the willful misconduct or the negligent acts
or omissions of Emergicon. The indemnification provided for herein shall not be applicable to
any claim of adjustment or request for reimbursement made by an insurance company or any
servicing agency for Medicare or Medicaid that may be made as the result of an audit of claims
made or governmental regulations or laws, including Emerg'con's fees charged, except for any
adjustments or claims for reimbursement made as a direct result of Emergicon's error.
3.02 Fidelity Bond. Emergicon shall keep and maintain during the term of this
Agreement a fidelity bond with a qualified insurer of no less than $10,000.00.
3.03 Insurance. Emergicon shall keep and maintain during the term of this Agreement
Errors & Omissions Liability insurance with a qualified insurer of no less than $1,000,000.00.
ARTICLE FOUR
CONFIDENTIALITY
4.01 Propert�f Emergicon. Provider agrees that Emergicon's equipment, computer
hardware and software, billing and collection processing, and other related systems and
equipment are the property and trade secrets of Emergicon, and that Provider will not release any
information regarding such trade secrets to any third parry without the prior written consent of
Emergicon.
4.02 Fact of Contractual Relationship May Be Disclosed. Notwithstanding the
foregoing, either party may, without the prior written consent of the other party, disclose the
existence of a contractual relationship between the parties.
ARTICLE FIVE
5.01 Accurate Books and Records. During the Term and for a period of three (3) years
thereafter, each party agrees to maintain accurate books and records associated with the billing
and collections made the subject of this Agreement.
EMERGICON SERVICE AGREEMENT Page 4
5.02 Right to Audit. Upon reasonable written notice, either parry may audit the books
and records of the other party insofar and only insofar as such books and records relate or pertain
directly to this Agreement. Such audit shall be conducted at the office of the party being audited,
shall be during normal business hours, and shall be at the sole cost and expense of the party
conducting the audit.
5.03 Penalty for Underpayment. If an audit reveals that a party has failed to pay any
amount or portion of any amount due or payable under this Agreement and such amount is in
excess of Twenty Thousand Dollars ($20,000.00), the party being audited shall pay to the
auditing party the full cost of the audit and the full amount due or payable plus interest at the rate
of ten percent (10%) per annum from the date(s) of non-payment.
ARTICLE SIX
PROTECTED HEALTA INFORMATION
6.01 HIl'AA Compliance. Emergicon shall carry out obligations under this Agreement
in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996,
known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F —
Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), to protect the
privacy of any personally identifiable protected health information ("PHI") that is collected,
processed or learned as a result of the services provided pursuant to this Agreement. In
conformity therewith, Emergicon agrees that it shall.
a) Not use or further disclose PHI except as permitted under this Agreement
or required by law;
b) Use appropriate safeguards to prevent use or disclosure of PHI except as
permitted by this Agreement.
c) Mitigate, to the extent practicable, any harmful effect that is known to
Emergicon of a use or disclosure of PHI by Emergicon in violation of this Agreement;
d) Report to Provider any use or disclosure of PHI not provided for by this
Agreement of which Emergicon becomes aware;
e) Ensure that agents or subcontractors to whom Emergicon provides PHI, or
who have access to PHI, agree to the same restrictions and conditions that apply to Emergicon
with respect to such PHI,
f) Make PHI available to Provider and to the individual who has a right of
access as required under HIPAA within ten (10) days of the request by Provider on behalf of the
individual;
g) Incorporate any amendments to PHI when notified to do so by Provider;
h) Provide an accounting of all uses or disclosures of PHI made by
Emergicon as required under the HIPAA privacy zule within sixty (60) days; and
EMERGICON SERVICE AGREEMENT Page 5
i) Make its internal practices, books and records relating to the use and
disclosure of PHI available to the Secretary of the Department of Health and Human Services for
purposes of determining Emergicon's and Provider's compliance with HIPAA.
6.02 HIPAA Disclosures. The specific uses and disclosures of PHI that may be made
by Emergicon on behalf of Provider include:
a) The preparation of invoices to patients, carriers, insurers and others
responsible for payment or reimbursement of the services provided by Provider to its patients;
b) Preparation of reminder notices and documents pertaining to collections of
overdue Accounts,
c) The submission of supporting documentation to carriers, insurers and
other payers to substantiate the health care services provided by Provider to its patients or to
appeal denials of payments for same,
d) The preparation and release of medical records to patients or their legal
representatives aspermitted by HIPPA privacy rule;
associate; and
e) Uses required for the proper management of Emergicon as a business
f) Other uses or disclosures of PHI as permitted by HIPAA privacy rule.
ARTICLE SEVEN
1VIISCELLANEOUS
7.01 No Waiver. The failure of either party to insist upon strict performance of any
provision of this Agreement shall not be construed as a waiver of any subsequent breach of the
same or similar nature.
7.02 Provisions Construed Separately. The parties agree that each provision of this
Agreement shall be construed as separable and divisible from every other provision and that the
enforceability of any one provision shall not limit the enforceability, in whole or in part, of any
other provision hereof. In the event that a court of competent jurisdiction determines that any
term or provision herein shall be invalid or unenforceable, the remaining terms and provisions of
this Agreement shall not be affected thereby, and shall be interpreted as if the invalid term or
provision were not a part hereof.
7.03 Final Agreement. This Agreement sets forth the entire, final and complete
understanding between the parties hereto relevant to the subject matter of this Agreement. No
waiver or modification of any of the terms or conditions of this Agreement shall be effective
unless in writing and signed on behalf of both parties.
7.04 Performance of A>eement, Venue; Choice of Law. Provider understands and
agrees that Emergicon will be performing this contract in Dallas County, Texas. The venue for
any disputes or causes of action that may arise out of this Agreement is the state and county
EMERGICON SERVICE AGREEMENT Page 6
courts located in Dallas County, Texas. The provisions of this Agreement shall be determined in
accordance with the laws of the State of Texas excluding the choice of law provisions thereof
7.05 Headmps The headings of this Agreement are for ease of reference only and are
not intended to limit or restrict the terms hereof.
7.0b Binding Nature of Agreement. This Agreement is binding upon the heirs, legal
representatives, successors and assigns of the parties hereto.
7.07 Compliance with Laws Generally. Emergicon shall comply with all applicable
laws, orders, rules, or regulations of all governmental agencies bearing on its performance
hereunder. If so requested by Provider, Emergicon shall submit appropriate evidence of such
compliance.
7.0$ Independent Contractor. It is understood and agreed that Emergicon is an
independent contractor. Nothing herein contained shall be construed to create any partnership,
joint venture, or joint enterprise between the parties.
7.09 ,Non -Profit Status Determination Letter. If Provider is anot-for-profit entity,
Provider shall provide a duplicate of its letter determining its not -for -profit status with the
Internal Revenue Service. In providing such letter, Provider further represents and warrants to
Emergicon that it has done every act necessary to maintain its not -for -profit status with the
Internal Revenue Service and is not aware of any pending, threatened or actual revocation of its
not -for -profit status.
7.10 Appendices. Emergicon and Provider may enter into various appendices to this
Agreement from, time to time and at any time regarding additional services. Such appendices
shall be considered part of this Agreement as if set forth herein at length unless such appendix
provides otherwise.
7.11 Assignment. Neither party shall assign or otherwise transfer this Agreement, any
interest in this Agreement, or any right or obligation hereunder to any other party without the
written consent of the other party.
7.12 Attorneys' Fees. Should it become necessary for either party to employ an
attorney to enforce any of the terms and conditions hereof, including the collection of fees, either
party shall do so at their sole cost and expense.
[SIGNATURE PAGE FOLLOWS]
EMERGICaN SERVICE AGREEMENT Page 7
IN WITNESS WHEREOF, Emergicon and the Provider have executed this Agreement on the
day of 200_
EMERGICON1 L.L.C.
By:
Name: Christopher Tiuner
Title: President & CEO
The City of Sanger
By:
Name: Mike Brice
Title: City Manager, City of Sanger
EMERGICON SERVIGE AGREEMENT
G
This document is an addendum to the Service Agreement between Emergicon, L.L.C. and the City of
Sanger. It is understood that the following software is being purchased from ESO Solutions by The
City of Sanger through a Service Agreement. with Emergicon, L.L.C.
Refi Item or Service Qty Unit Rrice Discount Total Rrice
1 ESO Pro Suite (Annual) 1 $3,995.00 $31595.00
2
3 ESO Pro [Mobile 2 $695.00 $11251.00
4
5 Cardiac Monitor Intea'ace 1 $31995.00 $3,995.00
6 Onsite Training (one day including expenses) 1 $1,245.00 $11245.00
Quote Total $101086.00
Emergicon agrees to pay the above mentioned software fees to ESO Solutions as well as provide two
(2) fully rugged mobile computers acceptable to the City of Sanger. These rugged computers shall
become the property of the City of Sanger.
The contract between ESO Solutions. and the City of Sanger will automatically renew annually
according to the ESO Solutions Software License Agreement. Emergicon will pay ESO Solutions on
the contract renewal date for the full annual subscription fee.
Cancellation fees
Should the City of Sanger terminate Emergicon's Service Agreement or ESO's Subscription
Agreement within twelve (12) months of the date of this Addendum, The City of Sanger will be
responsible for full payment to Emergicon of a cancellation fee equal to the total cost ($10,086.00).
Emergicon will invoice the City of Sanger upon written notice of cancellation and payment will be due
30 days from cancellation date.
Compensation
In consideration for provng the agreed upon billing services in the Service Agreement and ESO Pro
Suite detailed above, the City of Sanger will amend Section 2.02 of the Service Agreement to pay
Emergicon eight percent (8%) of the total amount collected on the Account. This commission rate
shall be effective once ESO Pro Suite is implement to the satisfaction of the City of Sanger.
EMERGICON, L.L.C.
By. t_
Name. Christopher Turner
Title: President & CEO
Date: 24 February 2010
City of Sanger
By:
Name: Mike Brice
Title: City Manager
Date:
EMEROICON SERVICE AGREEMENT —ADDENDUM A
Page 1
.u�ge�c
zTEXAS
COUNCIL AGENDA ITEM
AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance
❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal
❑ Yes
❑ Not Applicable
❑ Yes
Not Applicable
Council Meeting Date: April 5, 2009 Submitted By: Mike Brice
City Manager Reviewed/Approval Initials Date
ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION ® APPROVAL
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ REAPPOINTMENTS
AGENDA CAPTION
Consider and Approve Soliciting Requests for Qualifications for Audit Services for FY 2010.
FINANCIAL SUMMARY
®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED
FISCAL YEAR:
PRIOR
YEAR
CURRENT
YEAR
FUTURE
YEAR(S)
TOTALS
Proposed Expenditure Amount
Encumbered Amount
BALANCE
FUND(S) TO BE USED: General ❑$ Utility ❑ S. Special ❑ $
BACKGROUND/SUMMARY OF ITEM
Due to the past issues we have experienced with our current audit firm, staff believes that we should
explore using a different audit firm this year. Staff does not believe that switching to another firm will
necessarily result in any cost savings. The desire to switch is based on timeliness, accuracy and
working relationship issues with the current firm.
STAFF OPTIONS & RECOMMENDATION
Staff recommends approval.
List of Supporting Documents/Exhibits Attached:
• Request for Qualifications for Annual Audit Services
Prior Action/Review by Council, Boards, Commissions or Other
Agencies:
• None
CITY OF SANGER, TEXAS
REQUEST FOR QUALIFICATIONS FOR
ANNUAL AUDIT SERVICES
1. INTRODUCTION
The City of Sanger, Texas (City) is soliciting proposals for providing audit services to the City in accordance with the
specifications provided herein. The selected firm will provide services as an independent contractor to perform
the audit services described in the Scope of Services section of the document. All responses must address the
requirement, terms, and conditions as set forth in this Request for Qualifications. it is the City's intent to retain
the successful firm to perform the City's annual audit for the fiscal year ending September 30, 2010 with an option
to renew the contract for additional years.
11. SCOPE OF SERVICES
The audit services to be performed will be conducted in accordance with auditing standards generally accepted in
the United States of America, and the standards applicable to financial audits contained in Governmental Auditing
Standards, issued by the Comptroller General of the United States.
III. CITY INFORMATION RELEVANT TO AUDIT SERVICES
➢ The City's 2009-2010 expenditures were budgeted at $19,558,247 for all funds.
➢ The City employs approximately fifty-three (53) full-time employees.
➢ The City provides water, sewer, sanitation, and electric services to its customer base.
➢ The City's population is approximately 6950.
➢ The City received an unqualified opinion for the 2008-2009 fiscal year from the audit firm Auldridge Griffin, PC
(audited financial statements attached).
➢ The City utilizes Incode accounting software, which includes General Ledger, Payroll, Municipal Court, Utility
Billing, and Cash Collection modules. All modules are integrated except for Municipal Court.
IV. QUALIFICATIONS OF AUDIT FIRM
The proposing audit firms shall submit a statement of its qualifications with the firm's proposal for audit services.
The statement shall include the following:
➢ Whether the firm is a national, regional, or local accounting firm licensed to practice public accounting in the
state of Texas.
➢ Whether the firm, or any member of the firm, has been subjected to any type of disciplinary action of the
Texas State Board of Public Accountancy and/or any other licensing board during the past three years.
➢ A list of Texas cities that the firm audits, or has audited, including the number of years the firm provided audit
services, and the names and telephone numbers of contact persons.
➢ Identify the professional qualifications of the partners, key personnel, and the engagement team to be
assigned to the audit. Prior supervisory audit experience in municipal government should be highlighted.
➢ Provide the names and qualifications of outside specialists and consultants, if any, that may assist the firm's
personnel.
➢ Provide a copy of the firm's most recent peer review report and any letter of comment, and any subsequent
reports and letters of comment received since then.
➢ A brief discussion of the firm's basic approach to the planning, performance, and conclusion of audit
procedures including the final presentation to the City Council.
V. SELECTION CRITERIA
The City will select the "best qualified" public accounting firm. The firm selected must have previous experience in
performing audits of municipal governments. The evaluation criteria will include assessment of the following
factors:
Years of experience of the firm and audit team in performing audits of municipal governments.
➢ Qualifications of personnel to be assigned as engagement partner, manager, and other members of the audit
team.
➢ Knowledge of the reporting requirements as well as the basic concepts and conventions underlying local
government accounting and financial reporting principles.
➢ The firm's knowledge of computerized fund accounting systems and its history of engagements of evaluating
such systems.
➢ The overall satisfaction of other municipalities with the firm's services.
VI. TIME FRAME FOR COMPLETION OF AUDIT AND SUBMISSION OF REPORTS
The City Manager has primary responsibility for audit coordination. The City Manager and the successful proposer
shall meet and agree, in writing, on the time frame(s) for completing the audit services described in Section II of
this RFQ.
VII. TIME FRAME FOR RESPONSE TO REQUEST FOR QUALIFICATIONS
If your firm desires to submit a proposal, please do so in a sealed envelope clearly labeled "Audit Services RFQ."
Mail to: Mike Brice, City Manager Delivery Other Than Mail: Mike Brice, City Manager
City of Sanger, Texas City of Sanger, Texas
P. 0. Box 1729 502 Elm St.
Sanger, TX 76266 Sanger, TX 76266
Deadline for submission is 2:00 PM, Thursday, April 22, 2010. The City may then request to meet with select firms
to discuss their proposals in more detail. The Sanger City Council intends to vote on the successful proposer at the
City Council meeting to be held on May 17, 2010. It should be understood that the City of Sanger reserves the
right to accept or reject any proposal submitted, and to request additional information if needed. Furthermore,
the proposer selected will be the firm which, in the opinion of City personnel and the City Council, best meets the
needs of the City. The Decision of the City Council shall be final.
If you desire any additional information or clarification, please contact Mike Brice, City Manager at 940-458-3722, or via
e-mail at mbrice@cityofsangertexas.org.
CITY OF SANGER
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: Submitted By.
April 5, 2010 Joseph D. Iliff, AICP
City Manager Reviewed/Approval Initials '' Date
ACTION REQUESTED: ®ORDINANCE ❑ RESOLUTION # ❑ APPROVAL
_04-08-10_
❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT
❑ CONSENSUS ❑ OTHER
AGENDA CAPTION
Consider, discuss, and possibly act on Ordinance 04-0840 adopting regulations for oil and gas wells
FINANCIAL SUMMARY
®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P [']BUDGETED ❑NON -BUDGETED
BACKGROUND/SUMMARY OF ITEM
The ordinance requires oil and gas production activities to be conducted only under a permit granted by
the City of Sanger prior to beginning operation. All permits require the approval of the City Council.
The ordinance provides standards for the location of any oil or gas drill site, the design of the site, and
the operations conducted within. All permits are good for one (1) year. Permits can be renewed,
suspended, or revoked.
City Council is required to conduct a public hearing before approving or denying a permit. Prior to the
public hearing, notice must be published in the newspaper and mailed to the owners of property within
2,500 feet of the drill site.
STAFF OPTIONS & RECOMMENDATION
Staff recommends the adoption of Ordinance 04-0840.
List of Supporting Documents/Exhibits Attached:
Prior Action/Review by Council, Boards, Commissions or Other
• Ordinance 04-0&10
Agencies:
• None
ORDINANCE 04-0840
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
REGULATING OIL AND GAS WELLS; 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 ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the exploration, development, and production of oil, gas and other mineral
hydrocarbons in the city or surrounding area is an activity which necessitates reasonable
regulations;
WHEREAS, these regulations will prevent or lessen injury or property damage to citizens;
and
WHEREAS, these regulations will accommodate the orderly and practical production of
available mineral resources; Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1 ,The following oil and gas well regulations are hereby adopted, to be
codified in Article 4.1100 of the Code of Ordinances of the City of Sanger
ARTICLE 4.1100 OIL AND GAS WELL REGULATIONS*
Sec.4.1101 Purpose
The exploration, development, and production of oil, gas and other mineral hydrocarbons in
the city is an activity which necessitates reasonable regulations. Such regulations will prevent or lessen
injury or property damage to citizens. This chapter implements reasonable regulations for present and
future, mineral activities to protect the health, safety, and general welfare of the public and accomplish
the orderly and practical production of available mineral resources. All provision/requirements of this
chapter applicable to an operator are applicable to a permittee and all provisions/requirements of this
chapter applicable to a permittee are also applicable to an operator.
Sec.4.1102 Definitions
An
technical or oil and gas industry words or phrases used herein and not specifically defined
shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
Abandonment means "abandonment" as defined by the Texas Railroad Commission and includes the
restoration of the drill site as required by this chapter.
Commission means the Texas Railroad Commission.
Consultant means a person familiar with and educated in the oil and gas industry who has been
retained by the city.
Desertion means the cessation of the operation at any drill site without compliance with the provisions
of this chapter relating to suspended operations, idle wells, or abandonment.
Director• means the Director of Development Services for the City of Sanger or such other person as
designated by the city manager.
Disposal well means any well drilled or intended to be drilled for the purpose of disposing of solutions
or liquids produced fi•om any well.
Drilling means any digging or boring of a new well to explore, develop, or produce oil, gas, or other
hydrocarbons, or to inject gas, water, or any other fluid or substance into the earth.
Drilling equipment means the derrick, all parts and appurtenances to such structure, and every piece of
apparatus, machinery, or equipment used, erected, or maintained for use in connection with
drilling.
Drill site means the premises used during the drilling or re -working of a well.
Exploration means geologic or geophysical activities, including seismic surveys, related to the search
for oil, gas, or other subsurface hydrocarbons.
Gas means any fluid, either combustible or non-combustible, which is produced in a natural state from
the earth and which maintains a gaseous or rarified state at standard temperature and pressure
conditions, and/or the gaseous components or vapors occurring in or derived from petroleum
or natural gas.
Gas well means any well drilled, to be drilled, or used for the intent or actual production of natural
gas.
High impact area means any area within the city limits or extraterritorial jurisdiction of the City of
Sanger.
Lessee means a person who has executed an oil or• no lease or sublease, or the owner of the land or
minerals, or his heirs, who conducts or carries on any oil or gas exploration, development, and
operation thereof, or a person conducting the operation for himself or others.
Lessor means the owner of surface or mineral rights who has executed a lease.
Maintenance means the repair or replacement of any machinery, equipment, apparatus, structure,
facility, or parts used in connection with an oil or gas operation, site, drill site, or any other
work necessary to reduce fire hazards or hazards to employees, public health, safety, and
welfare.
New well means a new well bore or new hole established at the ground surface and shall not include re-
working or an existing well which is not abandoned.
Oil or gas operation site means the physical location where oil or gas operations are conducted.
Oil well means any well drilled, to be drilled, or used for the intended or actual production of liquid
petroleum or petroleum products or enhanced recovery.
Operator means any person drilling, maintaining, operating, pumping, or in control of a well. If the
operator is not the lessee under an oil or gas lease of any premises affected by the provisions of
this chapter, then such lessee shall also be deemed to be an operator. If no oil or gas lease
exists relating to any premises affected by this chapter, the owner of the fee estate in the
premises shall be deemed an operator.
Owner means a person who owns the legal or equitable title in and to the surfaces of the drill site or oil
or• gas operations site.
Permit means a drilling permit issued or sought to be issued under this chapter authorizing the drilling
of an oi] or gas well or other oil operations.
Permittee means a person whom is issued a permit authorizing oil or gas operations, and his heirs,
administrators, executors, successors, and assigns.
Person means both the singular and plural and means a natural person, corporation, association,
partner•sliip, receiver, trustee, guardian, executor, administrator and a fiduciary or
representative of any kind.
Processing means operations for gauging, recycling, compressor repressm•ing, injection, reinjection,
dehydration, stimulation, separation (including but not limited to separation of liquids from
gas), shipping and transportation, and gathering oil, gas other hydrocarbon substances, water or
any combination thereof.
Property owner means the real property surface record owner(s).
Re-uporking means reoccupation or re-entry of an existing well within the existing bore hole or by
deepening or sidetrack operations which do not extend more than 150 horizontal feet from the
existing well bore, or replacement of well liners or casings.
Rights -of --wary means any street, highway, sidewalk, alley, avenue, recessed parking areas, or other
public rights -of --way, including the entire right -of --way.
Seismic exploration means the exploration of subsurface geologic condition by the measurement of
direct, refracted, and/or reflected or pressure waves within any number of subsurface geologic
units. Seismic exploration typically involves the generation of sound or pressure waves by the
use of explosives or vibration devices and data collection by the use of geophones or
hydrophones.
Sump or sump pit means an earthen pit, commonly known as a "mudpit", lined or unlined for the
discharge of oil field wastes.
Titles. When the title of any city official is used herein, it shall include that named official and any duly
authorized representative or designee.
Well means a hole(s) or bore(s) to any horizon, formation or strata for the purpose of producing any oil,
gas, liquid hydrocarbon, brine water, sulphur water or for use as an injection well for
secondary recovery or disposal or production of oil, gas, or other hydrocarbons from the earth.
Well setidcing means maintenance work performed in any existing well before which does not involve
drilling or re -working.
Sec. 4.1103 Director empowered to oversee chapter
(a) The director is authorized and directed to enforce this chapter. Whenever necessary to enforce any
provision of this chapter, or whenever the director has reasonable cause to believe any condition
contrary to this chapter exists upon any premise or in any building for which a permit has been issued,
the director or his designated representative may enter such place at any reasonable time to inspect or
perform any duty imposed by this chapter. The director shall have recourse to every remedy provided
by law and equity to gain entry. No owner or occupant or any other person having charge, care,
custody, or control of any building or premise shall fail or neglect after proper demand to permit prompt
entry by the director.
(b) The director shall determine the necessity of hiring a consultant. The fees incurred as a result of the
director's and consultant's review shall be paid by the applicant. The director may require additional or
supplemental information before action is taken on an application. The director shall provide applicant
with an opportunity to withdraw an application prior to engaging the services of a consultant. The
applicant shall be required to pay to the consultant a retainer to cover the cost of the services prior to
consultant's commencement of the work.
Sec. 4.1104 Permit(s) required
(a) It shall be unlawful and an offense for any person acting either for himself or acting as an agent,
empIoyee, independent contractor, or servant for any person to participate in oil, gas or other
hydrocarbons production activity within the corporate limits of the city without a permit having first
been issued as provided for by the terms of this chapter. Additionally, a permit shall be required when
the primary access to the drilling site is by way of a city street or public right-of-way. Applications for
such permits shall be available from the planning and development department.
(b) When a permit has been issued for the mineral exploration or the drilling of a well, such permit
shall constitute sufficient authority for drilling, operation, production, gathering of production,
maintenance, repair, reworking, testing, site preparation consisting of rigs or tank batteries, p ugging
and abandonment of the well, and any other activity associated with mineral exploration. Such permit
shall also constitute sufficient authority for the construction and use of all facilities reasonably
necessary or convenient in connection therewith, including gathering lines and discharge lines by the
permittee and its employees, agent and contractors. However, in no case will any issued permit be
applicable to more than one well.
(c) As to all wells and/or repressurizing or induction facilities and such other facilities as may be
covered by this chapter existing or previously permitted within the corporate limits of the city on the
effective date of this chapter or which are in existence at the time the land upon which the same are
situated is annexed to the city, no additional permit or filing fee shall be required.
(d) Permits shall be designated by the type of activity and the character of the area. There shall be the
following types of permits: high impact and seismic.
(e) Before filing a site plan or preliminary plat, mineral owner shall notify surface owner by certified
mail, return receipt requested, and show proof of such notice to the city. Mineral owner has 30 days
before filing to designate such persons oil and gas operation location on the surface owner's proposed
plat or site plan.
(f) Applicant shall complete the application and deliver it and any additional required information to
the director. Any costs of processing the application, including any unpaid fees of a consultant, shall be
paid by applicant prior to the public hearing.
(g) All permits require council approval. Council shall review the application, director's and/or
consultant's report and any other related information. Council may require any change in the operations,
pIan, design, layout, fencing, screening, lighting, or other matters reasonably required by the public
interest, health, safety or welfare which are consistent with the standards of the zoning districts in which
the well is located and those districts which surround the well site.
Sec. 4.1105 Application contents
The application shall include full information, including the following:
(1) Appropriate fees:
a. Permit application: Five thousand dollars ($5,000)
b. Permit renewal: Two thousand five hundred dollars ($2,500)
(2) The date of the application;
(3) Name, address and telephone members for the mineral lessee, operator/applicant and
surface owner;
(4) The names and addresses of all property owners within 2,500 feet of the drill site property
perimeter.
(5) Site plan of the proposed operation showing the location of all improvements and
equipment;
(6) Map showing proposed operation route and roads for equipment, chemicals, or waste
products used or produced by the oil or gas operation;
(7) Description of type, kind, size, and amount of major equipment used before and after
completion of drilling and re -working;
(8) Location and description of all improvements and structures within 500 feet of the well;
(9) Location of compressor, compressor control, or safety devices with explanation of
operating characteristics of each in any application for a permit for a gas repressuring or
injection facility;
(10) Name of representative with supervisory authority over all oil and gas operation site
activities and a phone number where such person can be reached 24 hours a day;
(11) Legal description of the property to be used for the oil or gas operation, the parcel, and
the production unit (plat description or metes and bounds bearings) and name of the geologic
formation as used by the commission. Property recorded by plat should reference subdivision,
block and lot numbers;
(12) Proposed well name;
(13) Name and address of an individual designated to receive notice;
(14) Evidence of insurance information as required by this chapter;
(15) A survey of the production unit at a scale of one inch per 300 feet or greater by a
certified surveyor including:
a. Lengths and bearing of all boundary lines for production.
b. Exact acreage of the production unit.
c. Exact location of the well within production unit with distances of a minimum of
two adjacent boundary lines of the production unit.
d. Length of maximum diagonal within the production unit.
e. Geologic sections of the target production zone.
(16) Proposed bore hole size, casing program and cementing program;
(17) The proposed depth of the well;
(18) Method of well completion;
(19) Type of drilling (i.e., vertical shaft, horizontal shaft, and/or slant hole);
(20) Copies of all reports required by the Texas Natural Resource and Conservation
Commission and Texas Railroad Commission;
(21) Required utilities during and after drilling and completion;
(22) Potential impact on noise, air, land, subsurface, and water resources;
(23) Projected life of production well;
(24) Control methods for fire and fugitive oil and gas emissions;
(25) Hours of drilling and completion operation;
(26) Copy of Texas Department of Water Resources Form TDWR-0051 "Depth of Usable -
Quality Ground Water To Be Protected";
(27) Copies of commission forms and drilling permit; and
(28) Statement under oath signed by applicant that the information submitted in the
application is true and correct.
Sec. 4.1106 Application review
(a) The director or his designee, will review and report to thcc Ly council on all applications received
by the city.
(b) As further provided herein, the director or his designee shall review the application within 30 days
of filing. They will review the nature and location of the proposed oil or gas operation and make
recommendations to the council about site plan design, construction, installation, operation, and
maintenance of the proposed oil or gas operation and/or storage facility, and, if applicable, the
following:
(1) Alternate well location due to adjacent land uses.
(2) Air pollution control devices.
(3) Noise and odor control devices.
(4) Type of pump engine.
(5) Height of pump equipment.
(6) Fire control measures, as required by and all applicable city ordinances and codes.
(7) Fencing, visual screening, and/or landscaping as may be required by this chapter.
(8) Proof of contractual responsibilities of pump site and storage size maintenance.
(9) Safety procedures.
(l0) Special handling, storage, or disposal of sludge/waste.
(11) Hours of pumping operation.
(12) Gas flaring.
(13) Location of storage facilities.
(14) Traffic loads or patterns, proposed street development, as required by this chapter, and
ingress/egress of vehicular traffic.
(15) Water source used during drilling operation.
(16) Full line location and route between the well head and storage facilities.
(c) Screening and landscaping.
(1) Unless otherwise required, fencing, screening and landscaping shall be within the
discretion of the city council based upon the impact to adjacent areas and the requirements of
this chapter and the requirements of the city's zoning ordinance for the district in which the
well site is located and surrounding districts.
(2) Fencing may be required during the drilling operations and/or separate fencing may be
required after completion of the drilling operations.
(3) A six-foot solid screen fence around the entire perimeter of the site may be required.
(4) Any fence should be at least 100 feet from any well, equipment, or structure within the
site, but no closer than 800 feet to any residential property line.
(5) All fencing shall be of a solid neutral color compatible with surrounding uses and shall be
maintained in a neat, orderly, secure condition. Neutral colors for fencing shall include
unobtrusive shades of sand, gray, green, blue, brown, or other colors approved by the city
council.
(6) Upon completion of a well as a commercial producer, any apparatus used in the
production of the well, including pump jacks, shall be enclosed with solid privacy fence
material as to prevent any entry by unauthorized persons and to prevent well equipment from
being seen. The enclosure shall remain locked at all times unless the well is being serviced by
the operator or its service companies.
(7) All sites in high impact areas shall have landscaping and shall be screened by a fence
enclosure constructed of any material compatible with sun•ounding uses which effectively
screens the site. Such shall be completed within 30 days after completion of drilling or
reworking, or within 30 days after activation of an idle well in a high impact or urban area.
(d) Before any oil or gas operation begins, all private roads used for access to the site and the site itself
shall be surfaced with crushed rock, gravel, or ore, or oiled and continuously maintained to prevent dust
and mud. Roads shall be at least 30 feet wide and shall provide for area drainage. These requirements
may be altered at the discretion of the city council after consideration of all circumstances, including
but not limited to the following:
(1) Distances from public streets and highways and adjoining and nearby property owners
whose surface rights may or may not be leased by the operator.
(2) The purpose for which the property of such owners is or may be used;
(3) Topographical features;
(1) Nature of the soil; and
(5) Exposure to wind.
(e) Upon completion of review by the director or his designee, a written report and recommendation
shall be made to the city council. The recommendation and report must be completed within 60 days of
receipt of an application. If a consultant is retained, consultant will have 30 days from receipt of the
application to issue recommendations. However, taking into account the foregoing provisions, should
the director feel that additional time is needed for the consultant to submit recommendations, a request
for an extension may be submitted to the city council.
Sec. 4.1107 Processing of permit applications.
(a) High impact area per units.
(1) After a high impact permit application is submitted, the director, if deemed necessary,
may retain a consultant to evaluate the public impact of the proposed activity. The consultant
shall study the application, proposed site, and proposed operations or drilling program, and
shall draft recommended restrictions or conditions to be appended to the permit if issued,
including but not limited to, minimum separation distance for drilling or other operations,
maximum pressures for anticipated operations, minimum test procedures for equipment,
special safety equipment and procedures, hours of operation, and prohibited operations or
techniques. The consultant shall recommend noise reduction levels and screening where
deemed appropriate. The recommendation shall be completed and delivered to the director and
applicant within 30 days after the consultant is retained. Applicant shall pay for the cost of
consultant's study and recommendations prior to the public hearing.
(2) After the report is received by the city, the city secretary shall cause a notice of public
hearing to be published in the official newspaper of the city, as designated by the governing
body. In no event will a public hearing be held earlier than 15 days fi•om the date of
publication.
(3) All persons with property located within 2,500 feet of the proposed drill site property
perimeter, as shown by the latest county appraisal district certified tax rolls, shall be sent a
notice of the public hearing by certified mail, return receipt requested, at least 15 days prior.
The applicant shall pay the current certified postage fee for each notification letter. These fees
will be paid as part of the application process. No notification letter shall be necessary if the
applicant files a consent form, supplied by the city secretary, signed and notarized, by each
such property owner who would have received notice pursuant to this paragraph.
(4) , At the public hearing, the recommendation of the consultant and/or director shall be
presented and any interested party shall be allowed to speak for or against the issuance of a
permit. After the conclusion of the hearing, the council shall approve or deny the permit based
upon the criteria herein. The council may table any application for up to 60 days and direct that
the director provide further information.
(5) After the public hearing, council may approve or deny the permit based upon the criteria
set forth herein and may add any conditions necessitated by the health, safety, and welfare of
the public, whether or not they are included in the recommendations of the consultant and/or
director.
(b) Seismic permit.
(1) A proper seismic application shall include:
a. A letter requesting a geophysical permit describing the proposed system, date
work will begin, and date work will end. A statement, approved by the city attorney,
shall be included in the permit relieving the city of any liability for damages which
may result fi•om such activity.
b. A copy of a valid and existing public liability insurance policy, as required by this
chapter.
c. A plat outlining the areas proposed to be covered by the survey.
d. A description of the seismic method(s) to be used.
e. Requested time period to conduct on -site seismic testing.
(2) The director, after receiving authorization fi•om the city council, may issue a permit for
the applicant to conduct such seismic or geophysical work if the work will not create a public
nuisance nor be contrary to public safety. The determination shall include, but shall not be
limited to, consideration of the following:
a. Whether the location of the proposed test, considering the geology of the area,
will reasonably be expected to damage waterlines, sewer lines, structures, dwellings,
or other area improvements.
b. Quality of the proposed seismic survey to be used in implementing the
exploration.
See. 4.1108 Location regulations
(a) No oil or gas drill site or operation may be located:
(1) Within 50 feet of any street, right-of-way, alley, or utility easement.
(2) Within 1,000 feet of the property line of a cemetery, park, public or private water supply
well, or residential unit, without a notarized waiver by the residential unit property owner and
the party entitled to occupy the premises.
(3) Within 1,000 feet of the property line of any school or hospital.
(4) In any public park unless authorized by State law and in compliance with applicable
provisions of this chapter.
(5) In any city streets or alleys.
(b) No drilling or re -working shall occur within 300 feet of any oil storage tank, ignition source, or
building.
Sec. 4.1109 Criteria for granting or denying permit
(a) The council shall review the application, director's and/or consultant's report, and any other related
information and based upon such reports shall set the principal amount of the security instrument.
Granting the permit shall be conditioned on applicant submitting the security instrument to the city
within 30 days. The council may require any change in the operations, plan, design, layout, fencing,
screening, lighting, or other matters consistent with the city's land use regulations and other applicable
health, safety, and welfare ordinances. The council may accept, reject, or modify the recommendations
in the interest of securing compliance with this chapter, other city ordinances, and/or to protect the
health, safety, and welfare of the community.
(b) The following criteria shall be used by the council when considering a permit request:
(1) That the operations proposed are reasonable under the circumstances and conditions
prevailing in the area;
(2) That the operations proposed are consistent with the health, safety, and welfare of the
public when and if conducted in accordance with the permit conditions to be imposed; and
(3) That the impact upon adjacent property and the general public of operations conducted in
compliance with the permit conditions are reasonable and justified, balancing the following
factors:
a. The right of owner(s) of the mineral estate to explore, develop, and produce the
minerals.
b. The availability of alternate drill sites, both presently and at other times during the
lease terms.
c. The inconvenience, intrusion and conflict with surrounding established land uses
within the corporate limits of the city.
(4) The decision of the council shall be final and in making its decision, it shall have the
power and authority to refuse any permit to drill any well at any particular location within the
city, when by reason of such particular location the drilling of such wells at the location would
be injurious to the health, safety, welfare or well being of the inhabitants in the immediate area
of the city or would not promote orderly growth and development of the city. Each permit
shall:
a. By reference have incorporated therein all the provisions of this chapter with the
same force and effect as if this chapter were copied verbatim in such permit.
b. Specify the location of the proposed drill site, well, or injection facility by a metes
and bounds description or by specifying a lot and block member and name of any
applicable addition or subdivision.
c. Contain and specify that the term of the permit shall be for a period of one year
from the date of the permit.
d. Contain and specify such other terms and provisions as may be necessary in a
particular case to accomplish the purpose of this chapter.
e. Contain and specify that no actual operations shall be commenced until the
permittee has complied with the bond and insurance provisions of this chapter.
Sec. 4.1110 Security instrument
(a) A security instrument that covers each well must be delivered to the city before the issuance of a
permit for a well. Approval by the city attorney of such security is required. The instrument must
provide that it cannot be canceled without at least 30 days' prior written notice to the city and, if the
instrument is a performance bond, that the bond cannot be canceled without at least ten days prior
written notice for non-payment of premium. The instrument shall secure the obligation of the operator
related to the well to:
(1) Repair damage, excluding ordinary wear and tear, if any, to public sheets and
infrastructure, including but not limited to, bridges, water lines, and other public infrastructure,
caused by the operator or by the operator's employees, agents, contractors, subcontractors or
representatives in the performance of any activity authorized by or contemplated by the permit;
(2) Compliance with the insurance and security provisions set forth in this chapter;
(3) Payment of fines and penalties imposed upon the operator by the city for any breach of
the well permit;
(4) Compliance with the performance standards set forth in this chapter;
(5) Prompt restoration to their former condition, as determined by the director, any public
property damaged by the oil or gas operation;
(6) Prompt payment of all fees of a consultant whose services are engaged by the city
pursuant to subsection 4.1103 (b) of this chapter;
(7) Prompt repair of any and all damage to city streets, as determined by the director of
community development, caused by the equipment and vehicles used by operator/permittee.
The director of community development will prepare or cause to be prepared specifications to
be used for repairs. The costs of those specifications shall be paid by the operator/permittee.
(b) The security instrument may be provided for individual wells or on a "blanket" basis for multiple
wells. The amount of the security shall be a minimum of $50,MI) .00 for any single well and a minimum
of $100,000.00 for multiple wells on a "blanket" basis.
(c) The security will terminate when the gas well permit is transferred, with respect to the
operator/transferor and if the operator/transferee provides replacement security that complies with this
section, when the well is abandoned and the site restored, and when the director consents in writing to
such termination.
(d) An appeal of the determination of the amount of security required under this section may be made
to the city council for determination of the amount of security.
(e) The security instrument provided hereunder shall require the permittee/operator to expressly
release and discharge, defend, indemnify and hold harmless from and against all claims, demands,
actions, judgments, and executions which it ever had, or now have or may have, or assigns may have, or
claim to have, against the City of Sanger, and/or its departments, its agents, officials, officers, servants,
successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries,
known or unknown, and injuries to property, real or personal, or in any way incidental to or in
connection with the performance of the work performed by the operator under a gas well permit or
caused by or arising out of, that sequence of events which occur from the operator operating under the
well permit and the work performed by the operator, and providing that the permittee/operator shall
fully release defend, protect, indemnify, and hold harmless the City of Sanger, Texas, and/or its
departments, agents, officials, officers, servants, employees, successors, assigns, sponsors, or volunteers
fi•om and against each and every claim, demand, or cause of action and any and all liability, damages,
obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the City
of Sanger, Texas, and/or its departments, agents, officials, officers, servants, or employees, including,
without limitation, personal injuries and death in connection therewith which may be made or asserted
by operator, its agents, assigns, or any third parties on account of, arising out of, or in any way
incidental to or in connection with the performance of the work performed by the operator under a well
permit and, the operator agrees to release, defend, indemnify and hold harmless the City of Sanger,
Texas, and/or its departments, and/or its officials, officers, agents, servants, employees, successors,
assigns, sponsors, or volunteers fi•om any liabilities or damages suffered as a result of claims, demands,
costs, or judgments against the city and/or its departments, its officials, officers, agents, servants, or
employees, created by, or arising out of, the acts or omissions of the City of Sanger occurring on the
drill site or operation site in the course and scope of inspecting and permitting the gas wells Including,
but not limited to, claims and damages arising in whole or in part fi•om the sole negligence of the City
of Sanger occurring on the drill site or operation site in the course and scope of inspecting and
permitting the wells. It is understood and agreed that the indemnity provided for in this section is an
indemnity extended by the operator to indemnify and protect the City of Sanger, Texas and/or its
departments, agents, officers, servants, or employees, whether that negligence is the sole or contributing
cause of the resultant injury, death, and/or damage. Liability for the sole negligence of the city in the
course and scope of its duty to inspect and permit the well is limited to the maximum amount of
recovery under the Tort Claims Act.
(f) The security instrument may be in the form of an irrevocable letter of credit or bond issued by a
bank or surety approved by the city. The instrument shall run to the city for the benefit of the city, shall
become effective on or before the date the permit is issued, and shall remain in effect until the well is
abandoned and the site restored.
(g) A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate
shall be issued by a bank in Denton County, Texas, shall be approved by the city, shall be payable to the
order of the city to secure the obligations of the operator described above, and shall be pledged to the
bank with evidence of delivery provided to the director. The bank shall be instructed of the terms and
conditions in this chapter for oil and gas operation security instruments. Interest on the certificate shall
be payable to the operator.
Sec. 4.1111 Insurance
Operator shall carry a policy or policies of insurance issued by an insurance company or companies
authorized to do business in Texas. The insurance policy or policies required as part of the application
shall provide that they shall not be canceled without prior written notice to the city secretary at least 30
days before the effective date of such cancellation. If such insurance policy or policies are canceled, the
permit shall terminate on such date of cancellation and the operator's right to operate under such permit
shall cease until the operator files additional insurance as provided herein. The policy or policies in the
aggregate shall provide for the following minimum coverages:
(1) Standard insurance policies reguired.
a. Commercial general liability policy
b. Automobile liability policy
c. Workers compensation policy
d. Well control insurance
(2) General r•equireinents applicable to all policies.
a. General liability, automobile liability and well control insurance shall be written
by a carrier with A:VIII or better rating in accordance with the current Best Key
Rating Guide.
b. Only insurance carriers licensed and admitted to do business in the State of Texas
will be accepted.
c. Deductibles shall be listed on the certificate of insurance and are acceptable only
on a per occurrence basis for property damage only.
d. Policies must provide coverage on an "occurrence" basis. Claims made policies
will not be accepted.
e. The City of Sanger, its officials, employees and volunteers, are to be added as
"additional insured" to the general liability, automobile liability, and well control
insurance policies. The coverage shall contain no special limitations on the scope of
protection afforded to the owner, its officials, employees or volunteers and shall be on
a form approved by owner.
f. A waiver of subrogation in favor of the owner with respect to workers'
compensation insurance must be included.
g. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after 30 days
prior written notice by certified mail, return receipt requested, has been given to the
City of Sanger.
(3) Corrarraer•cial general liability.
a. Minimum combined single limit of $5,000,000.00 per occurrence for bodily injury
and property damage.
b. Coverage shall be at least as broad as Insurance Services Office Number CG 00
O1.
c. No coverage shall be deleted fi•om the standard policy without notification of
individual exclusions being attached for review and acceptance.
(4) Well control insurance.
a. Minimum limit of $5,000,000.00 per occurrence.
b. Policy shall cover the cost of controlling a well that is out of control, redrilling or
restoration expenses, seepage and pollution damage. Damage to property in the
operator's care, custody, and control with a sub -limit of $500,000.00 may be added.
(5) Automobile liability.
a. Minimum combined single limit of $500,000.00 per occurrence for bodily injury
and property damage.
b. The business auto policy must show Symbol 1 in the covered autos portion of the
liability section in Item 2 of the declarations page.
(6) ff orkers' compensation.
a. Employer's liability limits of $100,000.00 for each accident is required.
b. Texas Waiver of Our Right to Recover from Others Endorsement, WC 42 03 04,
shall be included in this policy.
(7) Certificates of insurance.
a. Certificates of insurance shall be prepared and executed by the insurance company
or its authorized agent, and shall contain the following provisions:
1. The company is licensed and admitted to do business in the State of
Texas;
2. Insurance set forth by the insurance company are underwritten on forms
which have been provided by the Texas State Board of Insurance or ISO;
3. Sets forth all endorsements and insurance coverage according to
requirements and instructions contained herein;
4. Shall specifically set forth the notice of cancellation, termination, or
change in coverage provisions to the City of Sanger; and
5. Original endorsements affecting coverage required by this section shall
be furnished with the certificates of insurance.
(8) The individual designated to receive notice shall be a resident of Texas upon whom all
orders and notices provided in this chapter may be served in person or by registered or certified
mail. Every operator shall within ten days notify the city secretary in writing of any change in
such individual or mailing address unless operations in the city are discontinued and
abandonment is completed.
Sec. 4.1112 Permit regulations
In the event of a failure of a permittee to comply with any provision of this chapter, the director shall
issue in writing a notice to the permittee of the nature of the non-compliance and stating a reasonable
time, if compliance has not been made, in which the council may suspend or cancel the permit.
(1) Permit period. A permit shall be issued for one year. At the end of such time, if operator
wishes to continue his oil or gas operation, the permit shall be updated by the filing of a
renewal application.
(2) Renewal.
a. Operator shall submit an application form for a renewal permit no later than 60
days before the expiration of such person's permit, and indicate in the application
what changes, if any, are requested at the operation site. An inspection and renewal
fee as set by the city council shall be paid at the time of re -application, and operator
shall only be required to submit documents with is application for changes that
occurred at the operation site.
b. Within 15 days of the filing of a renewal application, the director or his designee
shall inspect the oil or gas operation site to determine compliance with this chapter.
c. If no change in operations is proposed or has taken place, or the operator is re-
workingthe operation site, and inspection reveals compliance with this chapter during
the preceding permit period, the director shall issue a renewal permit. Otherwise, the
renewal application shall be processed as an original application.
d. Upon application for a renewal permit, the director can consider the deterioration
of the quality of the material of which such facility or structure is constructed, the
degree of rust and its appearance, and recommend repainting or other remedial steps
to be taken as a condition of renewal.
e. If any change or addition to the permit information on the application occurs, such
change or addition during the period of the permit shall be communicated to the city
secretary and the director within ten days of the date of such change or addition.
Sec. 4.1113 Permit suspension or revocation
(a) The director may, in writing, recommend to the city council the suspension or revocation of any
permit issued under the provisions of this section. Such recommendation shall be based upon the
occurrence of one or more of the following acts or omissions:
(1) Permittee failed, neglected, or refused to perform and comply with the conditions of the
permit.
(2) Permittee failed, neglected, or refused to comply with or abide by, or in any way violated
any provision of this chapter or any regulation, law, rule, or order either directly or indirectly,
by reason of or in connection with or incidental to the conduct of such person's oil or gas
operation.
(3) Any of the permittee's operations or the continuance thereof upon the premises covered by
the permit pose a hazard to public or private property, to the lives or safety of persons, or to
any legitimate interest in the city.
(4) Any of the permittee's operations or the continuance thereof upon the premises covered by
the permit constitute a public nuisance.
(5) Permittee made any willful misrepresentation of facts in any application for any such
permit or in any report or record required by this chapter to be submitted by the city.
(6) Permittee burned or allowed to burn oil, gas, or other hydrocarbons in the city.
(b) City council shall consider the director's recommendation at a posted public meeting at which the
applicant is allowed to give testimony regarding the proposed revocation or suspension. City council's
decision to accept or reject the directors recommendation shall be based upon the criteria contained in
subsection (a) of this section, the information received ftom the director, and the facts and information
presented at the public meeting.
(c) No person shall carry on any operations performed under the terms of any permit during any period
of permit suspension or revocation, or pending a judgment of the court upon any application for writ
taken to review the decision or order of the city in suspending or revolting such permit; provided,
however nothing herein contained shall be construed to prevent the performance of such operation as
may be necessary in connection with a diligent and bona fide effort to cure and remedy the default or
violation for which the suspension or revocation of the permit was ordered, or such operation as
necessary for the safety of persons or as required by the commission.
Sec. 4.1114 Supplemental permit for deep drilling
(a) Once any well has either been completed as a producer or abandoned as a dry hole, it shall be
unlawful and an offense for any person to drill such well to a deeper geological formation than that
reached in the prior drilling operations without the permittee as to such well, obtaining a supplemental
permit after filing a supplemental application with the city council specifying:
(1) The condition of the well and the casing therein;
(2) The depth to which it is proposed that such well will be deepened;
(3) The proposed casing and cementing programs to be used in connection with the proposed
deepening operation.
(b) In the event the council is satisfied that such well may be deepened with the same or greater degree
to safety as existing in the original well, a supplemental permit to the permittee may be issued for an
additional filing fee authorizing the deepening and operation of the well to such specified depth as
applied for. In any deeper drilling or any deeper completion of any deeper production operations, the
permittee shall comply with all provisions contained in this chapter and applicable to drilling,
completion, operation and production of a well or wells.
(c) If the operator has removed the derrick and drilling equipment form the location, the supplemental
permit shall comply with all requirements specified for permits in this chapter.
Sec. 4.1115 Use of streets and alleys
(a) No permittee shall make any excavations for any purpose or construct any lines for conveyance of
fuel, water or mineral on, under or through the sheets or alleys or other land of the city without an
express easement or right-ot-way license from the city, at a price to be agreed upon, and then only in
strict compliance with this chapter and any other ordinance of the city and the specifications established
by the Department of Public Works.
(b) The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any
street as herein defined, or leaving upon any street any earth or other material or obstruction, shall not
be permitted unless such persons shall first have obtained written permission fi•om the Department of
Public Works, and then only in compliance with specifications established by such department.
(c) No well shall be drilled and no permit shall be issued for any well to be drilled at any location
which is within any of the streets or alleys of the city and/or streets or alleys shown by the
comprehensive plan of the city, and no street shall be blocked or encumbered or closed in any drilling
or production operation, or for any mineral exploration unless prior consent is obtained by the city
council, and then only temporarily.
See. 4.1116 On -site requirements
(a) If a fence is required pursuant to subsection 4.1106 (d), such fence must remain locked at all times
when the permittee or his employees are not within the enclosure.
(b) At all times fi•om the start of erection of a derrick, mast, or a pinpole, until the well is abandoned
and plugged or completed as a producer and enclosed as herein provided, the permittee shall keep a
watchman on duty on the premises at all times when other workers or permittee are not on such
premises.
(c) No refining process or any processes for the extraction of products from natural gas shall be carried
on at the drill site, except that a dehydrator and separator may be maintained on the drill site for the
separation of liquids fi•om natural gas. Any such separator shall serve only one well.
(d) Only electric prime movers or motors shall be permitted for the purpose of pumping wells.
(e) Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted at
the entrance of each well site and tank battery. The sign shall include the emergency notification
number for emergency services (911) and the operator, drilling block number, and well and lease
designations required by the commission.
(f) No person shall place, deposit, discharge, cause, or permit to be placed, deposited, or discharged,
any on, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or
brine, from any oil and gas operation or the contents of any container used in connection with any oil
operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain or sewer,
any body of water, or any private property in the city.
(g) All production equipment on the site shall be painted and maintained at all times, including
pumping units, storage tanks, buildings and structures.
(h) After completion of well servicing or abandonment, operator shall repair all damage to public
property caused by such servicing or abandonment operations.
(i) All property on which an oil or gas operation occurs shall at all times be kept fi•ee of debris, pools
of oil, water or other liquids, weeds, brush, trash, or other waste material.
(j) Drilling mud, cuttings, oil, or liquid hydrocarbons and all other oil field waste derived or resulting
from or connected with the drilling, re -working, or deepening of any well shall be discharged only into
a portable steel tank. Unless otherwise directed by the commission, waste materials shall be removed
from the operation site no later than every 30 days.
(k) At the conclusion of any drilling or re -working operations, the drill site shall be cleaned within 48
hours of all equipment and machinery that is not needed to produce the well.
(1) Operator shall at all times comply with all applicable federal, state, and city requirements.
(m) Site development other than drilling shall be conducted only between 7:00 a.m. and 7:00 p.m.
unless otherwise further restricted by the city council
(n) All fire suppression and prevention equipment required by the city building inspector/code
enforcement officer, any applicable state law and this article or any other ordinance shall be provided
by the permittee at the drill site, at the permittee's own cost, and maintenance and upkeep shall be
permittee's responsibility. Such equipment shall remain on the premises at all times.
(o) All oil or gas operations shall be conducted in a careful and orderly manner and the premises shall
at all times be maintained in a neat, clean, and orderly manner. All discarded surplus materials,
supplies, and refuge shall be removed from the operation site no later than every 30 days.
Sec. 4.1117 Operations and equipment; practices and standards
(a) It shall be unlawful and an offense for any persons to use or operate in connection with the drilling
or re -working of any well within the corporate limits of the city any wooden derrick or any steam -
powered rig.
(b) All drilling and operation at any well performed by a permittee under this chapter shall be
conducted in accordance with the practices of a reasonable and prudent operation as understood in the
oil and gas industry. All casing, valves, and blow-out preventors, drilling fluid, tubing, well head, and
well head connections shall be of a type and quality consistent with such practice. Setting and
cementing casing and running drillstem tests shall be performed in a manner and at a time consistent
with the practices of a reasonable and prudent operator. Each permittee under this section shall observe
and follow the regulations of the Railroad Commission of the state.
(c) An internal combustion engine may be used in the drilling operations of the well, or wells, and, if
an internal combustion engine is used, mufflers shall be installed on all engines so as to reduce noise to
not more than 70 decibels at any point of 100 feet beyond the drill site; all of the installations to be done
in accordance with accepted practices for fire prevention purposes. For production purposes, only
electric power may be used. Drilling operations must be conducted in such a manner that percolating or
ground water will not be adversely affected, including the prevention of vertical movements of
percolating water.
(d) All oil drilling and production operations shall be conducted in such a manner as to minimize, so
far as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with the best
accepted practices incident to drilling for the production of oil, gas, and other hydrocarbon substances.
(e) Except in case of emergency, no materials, equipment, tools, or pipe used for drilling or production
operations shall be delivered to or removed from the site except between the hours of 7:00 a.m, to 7:00
p.m. on any day. On drillstem tests, only one trip will be allowed at night between 9:00 p.m. and 7:00
a.m. unless an emergency exists.
(f) All production equipment used shall be so constructed and operated so that noise, vibration, dust,
odor or other harmful or annoying substances or effect will be minimized by the operations carried on at
any drilling site or from anything incident thereto, to the injury or annoyance of persons living in the
vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe.
Proven technological improvements in methods of production shall be adopted as they, from time to
time, become available if capable of reducing factors of nuisance or annoyance. There shall be no
venting of gas into the open air except as allowed by the Railroad Commission.
(g) Storage of equipment.
(1) No drilling equipment, re -working equipment, other portable equipment or idle equipment
which are not essential to the everyday operations of the activity located thereon shall be
stored on the oil or gas operation site.
(1) Lumber, pipes, tubing, and casing shall not be left on the site except when drilling or well
servicing operations are being conducted.
(3) No person, owner, or operator shall store or park any vehicle or item of machinery in/on
any street, right -of --way, driveway, alley, or upon any oil or gas operation site which
constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires
except that equipment which is necessary for the maintenance of the site or for gathering or
transportation of hydrocarbons from the site. The city building inspector, code enforcement
officer and fire marshal are empowered to determine whether any equipment on the site
constitutes a fire hazard.
(4) All well servicing equipment, including portable pulling masts and gin poles, shall be
removed from the leasehold, oil or gas operation site, or drilling site within 15 days after
completion of a well servicing operation.
(h) No refinery, dehydrating or absorption plant of any kind shall be constructed, established or
maintained on the premises at any time. This shall not be deemed to exclude a simple gas separation
process.
(i) All electric lines to production facilities shall be located in a manner compatible to those already
installed in the surrounding area or subdivision.
Sec. 4.1118 Storage tanks and separators; types and requirements
(a) It shall be unlawful and an offense for any person to use, construct or operate in connection with
any producing well within the city limits, any crude oil storage tanks, with the exception of two low -
type tanks for oil storage, not exceeding a 50Marrel capacity for each well connected thereto or, in the
alternative, low type tanks of sufficient capacity to hold 24 hours of production for such well; the tanks
must be constructed and maintained as closed tanks and properly vented. A permittee may use,
construct and operate a steel conventional separator, heater treater, vapor recovery unit and such other
tanks and appurtenances as are necessary for treating oil with each such facility, to be so constructed
and maintained according to American Petroleum Institute standards. Each oil/gas separator shall be
equipped with both a pressure relief safety valve and burst plate. All such tanks shall be placed above
ground, and the tanks shall be placed upon a suitable earth or concrete pad.
(b) The use of a central tank battery is permitted so long as not more than two tanks as specified are
used for each well connected to the battery plus one 500-barrel water tank.
(c) The tank or tanks shall be enclosed within a conventional type firewall constructed of compacted
earth; sufficient water shall be used during the firewall construction to assure adequate compaction.
(d) The firewall enclosing the tanks shall have a minimum capacity equal to two times the volume of
the tanks enclosed.
(e) It shall be unlawful and an offense for any person to locate a storage tank or separator site with 300
feet of any residence or commercial or public building within the city.
Sec. 4.1119 Flow lines and gathering lines
(a) Each permittee shall place an identifying sign at each point where a flow line or gas gathering line
crosses any public street or road.
(b) Each permittee shall also place a warning sign at each point where a line carrying H2 S (Hydrogen
Sulfide) gas crosses any public street or road.
(c) No permittee shall make any excavation for any purposes or construct any lines for conveyance of
fuel, water, or minerals, on, under, or through the sheets and alleys of the city without express
permission of the director of community development, in writing, and then only in strict compliance
with this code and any applicable ordinance of the city; provided, however, emergency repairs may be
made without such permission when in the good faith opinion of the permittee, the delay required to
obtain written permission would involve a hazard to person or property.
(d) The gathering lines and flow lines hereinafter installed in the corporate limits of the city, for the
purpose of transporting oil, gas and/or water in conjunction with the operation of any well, tank, or tank
battery, injection or gathering system are hereby limited to a maximum operating gauge pressure of 250
psi unless otherwise specifically approved by the director. The location of any such gathering lines and
flow lines, if not specified in the permit, must be specifically approved by the director.
(e) The pipeline shall be tested prior to being placed in service.
(f) The companies responsible for any and all pipelines now existent or hereinafter installed within the
corporate limits are hereby required to furnish the city an "as built" plot plan showing the location of all
their facilities for permanent record with the city.
(g) All pipeline within the corporate limits, excepting the utility lines of the city and the distribution
system of any gas company who holds a franchise with the city, designed or utilized to transport oil,
gas, or water in connection with the production and transportation of oil and/or gas or for repressurizing
operations shall hereafter be installed with the minimum of cover or backfill specified by the then
applicable American National Safety Institute Code for such pipelines.
(h) The director is authorized to approve a lesser cover or specify a greater cover or backfill in special
cases when in his/her opinion, such variation is advisable and/or will not increase the degree of hazard.
(i) The requirements for construction in public right -of --way must conform to such ordinances of the
town regulating such construction.
(j) The digging up, breaking, excavating, tunneling, undermining, breaking up, damaging of any street
as herein defined, or leaving upon any street any earth or other material or obstruction, shall not be
permitted unless such persons shall first have obtained written permission fi•om the director of
community development, provided, however, that emergency repairs may be made without such
permission when in the good faith opinion of the operator/permittee the delay required to obtain the
written permission would involve a hazard to a person or property. Operator/permittee shall be
responsible for repair and reconstruction of all streets damaged and for all costs associated therewith.
Sec. 4.1120 Prohibited conduct/penalty clause
(a) It shall be unlawful and an offense for any person to:
(1) Engage in any activity not permitted by the terms of a permit issued under this chapter;
(2) Fail to comply with any conditions set forth in a permit issued under this chapter; or
(3) Fail to comply with any provision or requirement of this chapter.
(b) Except as specifically provided otherwise, any person violating any of the provisions of this
chapter shall be deemed guilty of a Class C misdemeanor upon conviction and shall be fined, except as
otherwise provided herein, in a sum not to exceed $2,000.00 for each offense, and a separate offense
shall be deemed committed upon each day during or on which a violation occurs or continues.
(c) If the governing body of the City of Sanger determines that a violation of this chapter creates a
threat to the public safety, the city may bring suit in the district court of the county in which the person
who committed the offense resides or has an office to enjoin the person, firm, partnership, corporation,
or association from engaging in the prohibited activity. The City of Sanger is not required to give bond
as a condition to the issuance of injunctive relief.
Section 2 All ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
Section 3 It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable
and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence,
paragraph, or section.
Section 4 Any person, firm, or corporation who shall violate any of the
provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined
in an amount 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 5 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 5th day of April, 2010.
APPROVED:
--DRAFT—DO-NOT-SIGN--
Mayor Joe Higgs
ATTEST:
--DRAFT—D O-NOT- S I GN--
City Secretary Tami Taber
David J. Park
Vice President
Rates & Reaulatory Affairs
March 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 April 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 214-206-2568 F 214-206-2126 David.Park@atmosenergy.com
Z o o rnorn OCD(0 LO
N bCi
F-
�L�LomY)
) 0C
a coCON NI
c 64 64 64 va
BOND
12 'R
1� w fn
m_
m m
�
a)
a)
(9
f6
4-.
2 m n m
�a o O) O m M CO CA co r CA O
rP 0o 64 CO O O O NIB co co 0o N
2 N M co N� a) M N
nt N t�
= N CO N CO00 C6 Atit MM NNN6
CO co EO O co O • 64 �
a)
U
m
io
o v
LL q
r
_
m o O st CA O CA M r r CA O
00 Efi Wt r M cf' m O 00 0o h
0) r r co O 00 m m CA N N
con N O
& n M CC0 NT O 'd' O
M co co 00 00 r O t� Cfi 64 64
° w o C%BT c%BF 64 TZ %�i `d
m
V Ff9
a
N co W o dr' M co CA O O o (n o N O N N N V' O
a) M 00 N r, 0 0 CO O o o co O CD Efl co co M CO N
M N O O O N 0 0 O O r r N
N t� co CT O BIT t� N O 00 N O N CV 00 t� O
O r Cfl O 00 O O d: 0 0 C d' O N N 00 O v co
hok N N 0 64 PH Cf3 6% 64 00 O O oh � � CA ct
� �� r °'v Nr �6 6% �
N
U (n
CC a) N a)
U_
O � N
w o) 'd U '� t N
w C Q C Q C C
5 a)CL
CN�77 r
*+
"0+� CL
LL LL V (' U U a) V o LL
p -aU UU` U tii Nw O� a) U
�• to cu cu .0+ 0 W w O ma y0 u C7
.0..'C OC9 ` O UU O �,O CL U
LL
N a) C t9 lU6 , t6 C x O O 0 VO LL (D '� d. N
Q ) = C7 = LL LL O jy E Q = ` LL
�n;3in cv o y o waBBO En` o 0 o O
a UC�U $ma rn U LL > p. Ooo v, v�°iUoU 4) ti o
mom mo°: coo c..Q c°� p`; Q�aoio Ufa) m — °
C.�UU cJ 1Q 0 C� �iq � , n ccAU mu) o E m o
o m c
ca cm m m W m w o (° U o a U FL tx E W CL U E U
Ma
fn N ti O cn O in cn a) c0 'O N RS X X a) O a) p cnn D- N
a www miWF- w w D�F-¢ toaz U toaz F- w a c9
O Or N O Mcp OCD tiM0 O r N M r}' O
CrNM V' OCD f� co O)<-e- r C rrr r rrr N N N N N N
J -)
David J. Park
Vice President
Rates & Reaulatory Affairs
March 15, 2010
To the Honorable Mayor and City Manager
Re: Atmos Energy Corporation's 2010 Rate Review Mechanism Filing
Dear Mayor and City Manager,
Enclosed for filing in the official City records is Atmos Energy Corporation, Mid -Tex
Division's ("Atmos" or "the Company") third filing under the Rider RRM - Rate Review
Mechanism tariff. We are providing you a copy of the filing electronically on compact
disc. If you desire additional discs or a printed copy of the filing, you can contact your
local Manager of Public Affairs or me to obtain a copy. We have also attached an
Executive Summary to the cover letter which highlights the details of the 2010 RRM
Filing.
This RRM filing represents a requested increase in annual revenue of approximately
$56.8 million for the settled cities as compared to the revenues resulting from the 2009
RRM Filing. This represents a monthly increase of $3.80 for the typical residential
customer.
The following filing documents are provided on the enclosed CD:
Table of Contents;
Attachment 1—Attestation of Filing;
Attachment 2 —Tariffs;
RRM — Prospective Rates - Schedules and Workpapers;
RRM — True -Up - Schedules and Workpapers;
RUM — Billing Determinants Study; and,
U M — WNA Bill Samples.
The documents and schedules provided in this year's filing closely align with the
previous filings to allow for ease of comparison and review. We have included updated
tariffs in the filing for Rates R, C, I and T and Riders WNA We stand ready to respond
to your requests for information during the review process and hope that we will be able
to continue the cooperative nature established in the previous RRM filings. The goal, as
Atmos Energy Corporation
5420 LBJ Freeway, Suite 1862
Dallas, TX 75240
P 214-20&2568 F 214-206-2126 David.Park@atmosenergy.com
with our last case, is to reach a mutual agreement that fairly balances the needs of the
Company and the needs of the customer.
The Company proposes to make the proposed rates effective on August 1, 2010. In the
meantime, no formal action to suspend the proposed rates is required on the part of your
City. During the interim, the Company is committed to working with your City to
answer any questions regarding the filing. Please forward any questions to your local
Manager of Public Affairs or to my attention.
The rates requested by the Company in its 2010 RRM filing do not require any action on
the part of the City to become effective on August 1, 2010. In addition, a decision to take
no action on the proposed RRM rates will not prevent your city from receiving rates that
are more favorable to customers within your city, if such rates are agreed to as part of the
RRM process. If more favorable rates are agreed to by the Company as part of the 2010
RRM process, the Company will implement those rates in your city.
In closing, I want to say again how much Atmos Energy appreciates your City's
willingness to work with the Company. We look forward to continuing this cooperative
spirit as you review the Company's filing.
Sincerely,
10"
David J. Park
Attachment:
Executive Summary
Enclosure:
Compact Disk 1
Atmos Energy Corporation
5420 LBJ Freeway, Suite 1862
Dallas, TX 75240
P 214-20&2568 F 214-206-2126 David.Park@atmosenergy.com
Atmos Energy — Mid -Tex Division
Executive Summary
2010 RRM Filing
March 2010
➢ Atmos Energy Mid -Tex Division reached an agreement with 438 of the 439 cities
in February 2008 to institute a three year pilot Rate Review Mechanism (RRM)
➢ Benefits of the RRM process
o Suspends GRIP filings
o Avoids cost of litigation that would be borne by customers
o Provides transparent process for annual review of all Company expenses
and investment
➢ In April 2008 the Company filed the first RRM with the Cities.
o The Company and the Cities resolved the first RRM filing in August 2008
and implemented rates on November 1, 2008.
➢ The Company filed the third RRM filing with the Cites on March 15, 2010. The
filing package supports:
Increase in rates of:
o Typical Residential customer using 6 Mcf a month will have an increase of
$3.80/month, 6.76% overall
o Typical Commercial customer using 30 Mcf a month will have an increase
of $8.15/month, 3.82% overall
o Typical Industrial/Transportation customer using 300 MMBtu a month will
have an increase of $107.50, 4.97% overall for Industrial and 16.90% for
Transportation customers overall.
o Computations impose agreed -upon exclusions, limitations, inflationary
caps and a specified return on equity lower than the return otherwise
authorized by the Texas Railroad Commission.
➢ What is next?
o Collaborative effort between the Company and the Cities' consultants in
reviewing the filing.
o Company and City Representatives/Consultants will review and agree on
final rates to be implemented prior to August 1, 2010.
17-MAR-2010 15:57 DA :COM.SPOLETO STA
A:0019404584180 P.2/2
Comune di Sj>oleto
Ms�j of Spolcto
To the Honorable Mayor of Sanger, Texas, USA
Dear Mayor ,7ae Higgs,
�l►llluIc di Spoleio V cspool
►�oL WI 72M dcJ a 7m3rAj 0 onr .14.02
►i� 1'23
Docu:nento P- Registro: Partenr
Spoleto, March i5t1i 2oio
I am delighted to know that the first exchange initiative bet�een the BISSI✓ Choir of
Spoleto and the Celebration Ringers of First Baptist Church of Sanger was successful. I
have been told that our choir received a wonderful welcome from your city and I thank you
very much for that.
I know that the Celebration Ringcrs of First Baptist Church are likely to come to
SpOletn bC'.'L'wP.eT1 ,TuIy and August 203.0: the City of Spoleto will he glad to offer them all the
necessary assistance and will give extensive promotion to the concert, Our International
Relations Office is available to welcome our hosts and show them around the city
(contacts: gilberto,giasprini(P4omune.spoleto.1)g.it ; TeL 0039 0743 218622).
I look forward to meeting the Celebration Ringers here in Spoleto and I am eager to
attend their wonderful performance.
Yours Sincerely,
Mayor of Spolcto, Italy
CUInUnL dl Spoleto - P.YYa dP,.l C.'amunP. 1— OrSO49 .Spnlefa (t'G) halp
Segreteria Sindaco tel. +39 0743.2/8234/235— �ax +39 0743/Q0.?9'1
PEc comune.sgaleto postacert.umbria.itC-r,W: sIII W c comune.sPolcto.pgit
c-mai1:3C�,'2CtCI_]L sindacoQcomune.spolcto.p .it