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02/17/2009-CC-Agenda Packet-RegularAGENDA CITY COUNCIL TUESDAY, FEBRUARY 17, 2009 7:00 P.M. 502 ELM STREET 1. all 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 that are brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: January 20, 2009 -City Council b) Disbursements 4. Consider any Items Removed from Consent Agenda. 5. Authorize City Manager to Research Alternative Wholesale Electric Providers and Notify Brazos of our Intent to Switch Providers. 6. Consider and Possible Action on Ordinance #02-01-09 -Amending Chapter 3, Building Regulations, in the Code of Ordinances by Repealing Article 3.1400 in its Entirety and Adopting Article 3.1400 as Presented in Exhibit "A". 7. Consider and Possible Action on Ordinance #02-02-09 -Ordering an Election of the Qualified Voters of the City of Sanger, on the 91h of May 2009, for the Purpose of Electing Three City Council Members for Said City; Providing Said Election Shall be Held Jointly with the Sanger Independent School District; Designating Election Precincts; Appointing Election Officials; Providing for Notice of Said Election; Providing for the Use of Direct Recording Electronic Voting Equipment; Providing for Early Voting. 8. Consider and Approval of Action by the 4A Board to Purchase Property at 103 Bolivar Street for Economic Development Purposes and Make Improvements to Elm Street for Access to the Property. 9. Consider and Approve an Agreement with Caliber Construction, Inc. for the Design Build of a Warehouse Building for the Electric Department and a Warehouse Building for the Water/Wastewater Department, Authorize City Manager and Engineer to Approve Change Orders not to Exceed $30,000.00. 10. Information Items: a) City of Sanger Investment Report b) Monthly Financial Statement as of January 2009 c) Library Monthly Report d) Legislative Update e) Chamber Investment Report 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 pu lic at all times,,pl?A,said Notice was posted on the following date and times AO.���a; ���.{,Gj p.m. and shall remain posted until Mee ' g is adjourne ���X\ Rosalie Chavez, City Secre 00 City of Sanger, Texas % This notice was removed from the officia�'by� tii on /� at 0'0 PM by 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 MINUTES JANUARY 20, 2009 MEMBERS PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Robert Patton, Councilman Thomas Muir MEMBERS ABSENT: Councilman Mike Walker OTHERS PRESENT: Rose Chavez City Secretary/Asst. City Manager, Joe Iliff Director of Development Services, Albert B. Grubbs III, Brian Grubbs 1. Call Meeting to Order, Invocation, and Pledge of Allegiance. Mayor called meeting to order, Councilman Muir led the invocation, followed by Councilman Patton leading the Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. CONSENT AGENDA 3, a) Approve Minutes January 5, 2009 - Work Session January 5, 2009 - City Council b) Disbursements Motion was made by Councilman Muir to approve the consent agenda. Seconded by Councilman Ervin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None 5. Consider and Possible Action on Preliminary Plat of the Skiles Property, 137.26 Acres, Located East of Interstate 35 at View Road. Mayor Higgs inquired on the correction of city limits on the preliminary plat. r.T�e Iliff, Director of nevelap►_nent Services, indicated that o_n_ the P1aa�>lai�g � Zoniag Commission's recommendation they approved the preliminary plat to show the correct city limits along the West side of Interstate 35 and the West side of the BNSF railroad tracts. Mr. Iliff advised this was one of the recommendations. It will be reflected on the final plat. The Planning & Zoning approved the preliminary plat unanimously. Mr. Iliff continued with a discussion concerning the following issues. • The preliminary plat will provide for the extension of View Road East from Interstate 35 • The property is being subdivided into three lots. • It will include an area on the northeast corner for an onsite storm water detention pond. • The applicant is planning to revise the location of the 100-year floodplain within the boundaries of the plat. Mr. Iliff explained the applicant can final plat each individual lot as it is sold or he could final plat the entire area as indicated on the preliminary plat. He proceeded to discuss the onsite storm water detention area which is separated from the lots. The pond will service all three properties and all the properties will be responsible for maintenance. Councilman Muir indicated that if the property is owned by the same person it is not a problem. He then asked if it is held by three different people would there be an owner association agreement to make sure the detention pond is maintained. ?4r. Miff indicated there would be a property owner's association where the detention pond would be under common maintenance of all the owners. Motion was made by Council Patton to approve the preliminary plat of the Skiles' property 137.26 acres, located East of Interstate 35 on View Road. Seconded by Councilman Garza. Councilman Patton amended motion to include approval of the preliminary plat with the condition that the following revisions be made. • The applicant revise the preliminary plat to show the corporation lines (city limits) along the West side of the Interstate 35 right-of-wav and the West side of the "NSF railroad tracts. • The applicant revise the preliminary plat to designate the detention pond as being within a common area in Block A (Common Area A), separate from Lot 1 and Lot 2 of Block A. Councilman Garza agreed with amendment. Motion carried unanimously. 6. Information Items: a) Parks Board Resignation Letter b) Email from City Manager Regarding Billboards c) City of Sanger Investment Report d) City of Sanger Financial Statement e) Monthly Library Report f) Sanger Chamber Profit and Loss Report g) Letter from Upper Trinity Regional Water District Regarding Update on Plans for the Clear Creek Water Reclamation Plant h) Legislative Update 7. Adjournment. Mayor Higgs adjourned the meeting. 1/13/2009 3:29 PM PACKET: 02040 TMRS VENDOR SET: 99 BANK GNB99 GNB-ACCOUNTS PAYABLE FUND -)OR NAME / I.D. DESC 00100 TMRS C-RET200812051378 TMRS I-RET200812011366 TMRS I-RET200812041377 TMRS I-RET200812151415 TMRS I-RET200812181422 TMRS TOTAL ERRORS: 0 A / P CHECK REGISTER ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 1/13/2009 R 1/13/2009 R 1/13/2009 R 1/13/2009 R 1/13/2009 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 13.57 038739 111.28CR 038739 13,882.99CR 038739 2,602.28CR 038739 14,636.20CR 038739 31,219.18 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 31,219.18 31,219,18 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 31,219.18 31,219.18 1/13/2009 3:29 PM A / P CHECK REGISTER PACKET: 02040 TMRS VENDOR SET: 99 BANK GNB99 GNB-ACCOUNTS PAYABLE FUND ;)OR NAME / I.D DESC CHECK CHECK TYPE DATE PAGE: 2 CHECK CHECK DISCOUNT AMOUNT NOi# AMOUNT ** POSTING PERIOD RECAP ** FUND ------------------------------------------- PERIOD AMOUNT 001 1/2009 181919.29CR 008 1/2009 121299.89CR ALL 31,219.18CR 1/15/2009 11:58 AM A / P CHECK REGISTER PAGE: 1 PACKET: 02037 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK JOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02460 AT&T MOBILITY I-200901121434 CELL PHONE SERVICE R 1/15/2009 512078CR 038740 512.78 01550 ATMOS I-200901151441 GAS UTILITIES R 1/15/2009 410.12CR 038741 410.12 11910 BRAD BELL I-200901151442 REIMB MEDIC TEST,MEALS R 1/15/2009 180.00CR 038742 I-200901151444 BELL/WELBORN SKILLS TEST R 1/15/2009 90.16CR 038742 270.16 00600 CITY OF SANGER I-200901151448 UT BILLS R 1/15/2009 331596.32CR 038743 33,596632 00800 COSERV ELECTRIC I-200901121435 STREET LIGHTS, ELECT SERV R 1/15/2009 11095.52CR 038744 1,095.52 18790 FUELMAN I-NP15762835 FUEL 12/15 - 12/21/08 R 1/15/2009 1,252.51CR 038745 I-NP15860296 FUEL 12/22 - 12/28/08 R 1/15/2009 688.01CR 038745 I-NP15964914 FUEL 12/29 - 01/04/09 R 1/15/2009 805.25CR 038745 I-NP16068814 FUEL O1/05 - 01/11/09 R 1/15/2009 11383.36CR 038745 41129,13 13280 HCSB I-50 LOAN # 2004096 #50 R 1/15/2009 736.00CR 038746 736.00 1 LUCY VILLANUEVA I-12/24/08 REFUND ON COMM R 1/15/2009 100.00CR 038747 100.00 1 ROBERT RECTOR I-12/28/08 COMM CENTER DEPO R 1/15/2009 1009000R 038748 100.00 13380 SANGER BANK 1-42 LOAN PYMTS R 1/15/2009 2,774.32CR 038749 2,774.32 04560 TMCEC I-200901151447 ANNUAL JUDGE SEMINAR R 1/15/2009 50.00CR 038750 50.00 09010 TML I-200901151445 MEMBERSHIP DUES R 1/15/2009 11474.00CR 038751 11474,00 09010 TML I-200901151446 WORKERS COMP AUDIT R 1/15/2009 1,947.000R 038752 1,947.00 1/15/2009 11:58 AM PACKET: 02037 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND A / P CHECK REGISTER JOR NAME / I.D. DESC 07150 CASEY WELBORN I-200901151443 2 DAYS MEALS- SKILLS TEST TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 1/15/2009 CHECK DISCOUNT AMOUNT NO# 70.00CR 038753 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 14 0.00 47,265.35 47,265,35 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 14 0.00 47,265.35 47,265.35 PAGE: 2 CHECK AMOUNT 70.00 1/15/2009 11:58 AM A / P CHECK REGISTER PACKET: 02037 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND DOR NAME / I.D DESC CHECK CHECK TYPE DATE DISCOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT 001 1/2009 22,449.44CR 008 1/2009 24,815.91CR ------------------------------ ------------------------------------------- ALL ------------- 471265.35CR PAGE: 3 CHECK CHECK AMOUNT NO# AMOUNT 1/22/2009 9:51 AM A / P CHECK REGISTER PACKET: 02057 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND PAGE: 1 CHECK CHECK CHECK CHECK JOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 11910 BRAD BELL I-200901221451 REIMB FOR SKILLS TEST R 1/22/2009 180.00CR 038791 180.00 11570 CULLIGAN I-2385480 WATER BOTTLE SERVICE R 1/22/2009 9.62CR 038792 9.62 00840 DENTON PUBLISHING CO., INC. I-434508-1 LEGAL ADS R 1/22/2009 86.00CR 038793 86.00 09380 GEORGE HUDGINS I-012109 WINDOW CLEANING R 1/22/2009 185.00CR 038794 185.00 04130 NTCMA I-200901221453 MICHAEL BRICE 2009 DUES R 1/22/2009 65.00CR 038795 65.00 17400 PRECIOUS THOMPSON I-122608-1 S4EBSITE,BECKYS PC,IP CONE R 1/22/2009 666.88CR 038796 I-122608-2 INCODE UPDATE R 1/22/2009 24.25CR 038796 I-122608-3 IT SUPPORT R 1/22/2009 6.05CR 038796 I-122608-4 IT SUPPORT R 1/22/2009 230.39CR 038796 I-122608-5 IT SERVICES R 1/22/2009 48.50CR 038796 I-122608-6 ADD NEW OFFICER TO SYSTEM R 1/22/2009 24.25CR 038796 I-122608-7 TECH SUPPORT R 1/22/2009 72.75CR 038796 I-122608-8 IT SUPPORT R 1/22/2009 60.63CR 038796 I-200901221454 IT SUPPORT R 1/22/2009 6.05CR 038796 11139,75 02510 STATE COMPTROLLER I-011609 CRIMINAL COSTS AND FEES R 1/22/2009 12,931.20CR 038797 12,931.20 02580 TEXAS WORKFORCE COMM. I-011609 TEXAS WORKFORCE COMM. R 1/22/2009 358.38CR 038798 358.36 07150 CASEY WELBORN I-200901221452 TDH CERT, SKILLS TEST R 1/22/2009 276.00CR 038799 276.00 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 9 0.00 151230.95 151230.95 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: 9 0.00 15f230o95 15,230.95 TOERRORS: 0 TOTAL WARNINGS: 0 1/22/2009 9:51 AM A / P CHECK REGISTER PACKET: 02057 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND jOR NAME / I.D DESC CHECK CHECK TYPE DATE PAGE: 2 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT ------------------------ ------------------- 001 1/2009 14,206.98CR 008 1/2009 11023.97CR ALL 151230.95CR 1/26/2009 5:04 PM A / P CHECK REGISTER PACKET: 02060 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND PAGE: 1 CHECK CHECK CHECK CHECK DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 20060 CITY OF BOWIE I-200901261458 ARC FLASH CLASS R 1/26/2009 300.00CR 038800 300.00 15730 DENTON COUNTY CLERK OF COURT I-200901261460 APPEAL BOND - RECORD R 1/26/2009 494.000R 038801 494.00 02490 EMBARQ: PHONE SERVICE I-200901261462 PHONE SERVICE R 1/26/2009 11615.2OCR 038802 11615*20 18430 FIRST UNITED BANK I-012609 BRAZOS WIRE 01/09 R 1/26/2009 4001076.15CR 038803 400,076,15 18790 FUELMAN I-NP16160205 FUEL 1/12 - 1/18/09 R 1/26/2009 1,593.05CR 038804 1,593.05 04230 RONNIE GRACE I-200901261456 MEALS - ARC FLASH CLASS R 1/26/2009 25.00CR 038805 25.00 07750 HOME DEPOT/GECF I-0022691 HEATER FAN,BULBS R 1/26/2009 38.93CR 038806 I-3312861 LOCKERS R 1/26/2009 724.38CR 038806 I-5013773 PAINT, TILE R 1/26/2009 558.54CR 038806 I-7027626 MARKING PAINT R 1/26/2009 63.24CR 038806 I-8312997 SHELF BRACKET, PEST REPEL R 1/26/2009 36.60CR 038806 11421,69 04220 MARK GRIFFITH I-200901261457 MEALS - ARC FLASH CLASS R 1/26/2009 25.00CR 038807 25.00 12820 RICOH AMERICAS CORP. I-13396782 COPY MACHINE AGREEMENT R 1/26/2009 385.12CR 038808 385.12 15250 SUDDENLINK I-200901261459 INTERNET CONNECTION R 1/26/2009 209o7OCR 038809 209,70 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 10 0,00 406,144*91 406,144*91 HANDWRITTEN CHECKS: 0 0,00 0,00 0600 PRE -WRITE CHECKS: 0 0400 0400 0,00 DRAFTS: 0 0.00 0900 0,00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0600 CORRECTIONS: 0 0,00 0.00 0,00 REGISTER TOTALS: 10 0.00 406,144,91 406,144,91 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 1/26/2009 5:04 PM PACKET: 02060 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND JDOR NAME / I.D. DESC A / P CHECK REGISTER CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NOH ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT ------------------------------------------- 001 1/2009 3,217.39CR 008 1/2009 402,927.52CR ALL 406,199.91CR PAGE: 2 CHECK AMOUNT 1-28-2009 11:33 AM PACKET: 02064 Regular Payments VENDOR SET: 99 A/P PAYMENT REGISTER PAGE: 1 VENDOR SEQUENCE VENDOR ITEM NO# DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 99-15330 4T HEATING & AIR I 12/8/12/29 HEATER REPAIR AT SHELTER SB99 VENDOR TOTALS REG. CHECK 99-19970 ACE AIR CONDITIONING & HEAT I 14895 REPAIR HEATER SB99 VENDOR TOTALS REG. CHECK 99-14220 ARLENE PEREZ I 08-14284 COURT INTERPRETER SB99 VENDOR TOTALS REG. CHECK 99-00790 COUNTY BUILDERS SUPPLY, INC R 1/28/2009 398.00 398.00CR 398.00 398.00 398400CR 0.00 398.00 0.00 R 1/27/2009 350 .88 350.88CR 350.88 350.88 350988CR 350.88 0.00 R 1/27/2009 150.00 150.00CR 150.00 150.00 150.00CR 150.00 0.00 I 10022383 7FT CHAIN & LOSCK SB99 R 2/27/2009 31.69 31.69CR 31.69 I 10022458 DOOR HINGE SB99 R 2/27/2009 19.96 19.96CR 19.96 I 10022477 2 31" TARP STRAP SB99 R 2/27/2009 3.78 3.78CR 3.78 I 10022509 PIPE CLAMP, PIPE SB99 R 2/27/2009 18.58 18.58CR 18.58 I 10022522 3/4 8' OSC WP SB99 R 2/27/2009 7.47 7.47CR 7.47 VENDOR TOTALS REG, CHECK 81.48 81.48CR 0.00 81.48 0.00 1-28-2009 11:33 AM PACKET: 02064 Regular Payments VENDOR SET: 99 A/P PAYMENT REGISTER PAGE: 2 VENDOR ITEM NOH DESCRIPTION 99-08770 CPI OFFICE PRODUCTS I 2173466-0 OFFICE SUPPLIES VENDOR SEQUENCE BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT ---------------------------------------------------------------------- SB99 R 2/26/2009 394.17 394.17 VENDOR TOTALS REG. CHECK 394.17 394.17 99-13070 DEE DEE ELLIOTT I 200901271496 MEALS FOR TRAINING CLASS SB99 VENDOR TOTALS ------------------------------------- 99-00810 DENTON CO FIRE CHIEF'S ASSO I 09-022 2009 DUES REG. CHECK VENDOR TOTALS REG. CHECK 99-03710 DENTON CO SHERIFF'S DEPT 394.17CR 394.17CR 0.00 R 2/26/2009 70.00 70.00CR 70.00 70.00 70.00CR 0.00 70.00 0.00 R 2/26/2009 280.00 280.00CR 280.00 280.00 280.00CR 0.00 280.00 0.00 I 011209 LAY OUT FEES - BLACKBURN SB99 R 2/26/2009 40.00 40.00 VENDOR TOTALS REG, CHECK 40.00 40.00 99-06990 DENTON REGIONAL MEDICAL 40.00CR 40.00CR 0.00 0.00 I 010909 ESCREEN, PRE -EMPLOY SB99 R 2/26/2009 937.00 937.00CR VENDOR TOTALS REG. CHECK 437.00 437,00 437.00CR 0.00 437.00 0.00 1-28-2009 11:33 A14 PACKET: 02064 Regular Payments VENDOR SET: 99 A/P PAYMENT REGISTER PAGE: 3 VENDOR SEQUENCE VENDOR ITEM NOi# DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 99-00860 DENTON TROPHY HOUSE I 12515/08163 AWARDS,NAME PLATES,PLAQUE SB99 R 2/26/2009 355.00 355.00CR 355.00 VENDOR TOTALS REG. CHECK 355.00 355.00CR 0.00 355.00 0.00 99-17640 DOLLAR GENERAL I 101819 DISH SOAP, DISPENSER I 101822 COFFEE,CREAMER,CUPS VENDOR TOTALS ---------------------------------------------- 99-19330 EMBROIDED BLESSINGS, LLC SB99 R 1/27/2009 SB99 R 1/28/2009 REG. CHECK 3.50 3.50CR 3.50 45.00 45600CR 45.00 48.50 48.50CR 0.00 48.50 0.00 '131 4 LONG SLEEVE SHIRTS SB99 R 1/27/2009 94.00 94.00 VENDOR TOTALS REG. CHECK 94.00 94.00 99-19270 FAMILY DOLLAR 99.00CR 0.00 I 200901271497 COFFEE,CREAMER,SOAP,TOG]EL SB99 R 1/27/2009 90.45 90.45CR VEiQDOR TOTALS 99-18340 FIRST ADVANTAGE BACKGROUND 90.45 REG. CHECK 90.45 90.45CR 0.00 90.45 0.00 I 7750TD0812 BACKGROUND CHECK SB99 R 1/27/2009 5.00 5.00CR 5.00 VENDOR TOTALS REG, CHECK 5.00 5,00CR 0.00 5.00 0.00 1-28-2009 11:33 AM A/P PAYMENT REGISTER PAGE: 4 PACKET: 02064 Regular Payments VENDOR SET: 99 VENDOR SEQUENCE VENDOR ITEM NO# DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC IT BALANCE DISCOUNT 99-11300 ERP MARKETING I 1007 RESET TIME STAMP,MAP CKT SB99 R 2/26/2009 560.00 560600CR VENDOR TOTALS REG. CHECK 99-19810 JODY PAYNE MASONRY CONTRACT I 011809 PREP COLUM TOP G PRE CAST SB99 VENDOR TOTALS 99-17060 LEAD 11 EXCELLENCE I 01202008LC CE-OCT,NOV,DEC,JAN VENDOR TOTALS 99-18690 LIBERTY FLAGS, INC. I 47963 12 FLAGS go VENDOR TOTALS -------------------------------- 99-01570 LOWE'S COMPANIES, INC. I 1223540 4 LONG SHANK LOCKS REG. CHECK REG. CHECK REG. CHECK VENDOR TOTALS REG. CHECK R 1/27/2009 560.00 560.00 560.00CR 0.00 560.00 0.00 1,050.00 1,050.00CR 11050.00 1,050,00 1,050.00CR 0.00 1,050.00 0.00 R 1/27/2009 864.00 864.00CR 864.00 864.00 864.00CR 0.00 864.00 0.00 R 1/27/2009 R 2/26/2009 555.90 555.90CR 555.90 555.90 555.90CR 0.00 555.90 0.00 29.88 29.88CR 29.88 29.88 29.88CR 0.00 29.88 0.00 1-28-2009 11:33 AM PACKET: 02064 Regular Payments VENDOR SET: 99 A/P PAYMENT REGISTER PAGE: 5 VENDOR ITEM NO# DESCRIPTION 99-05600 MOORE MEDICAL CORP. I 80958894 MEDICAL SUPPLIES VENDOR SEQUENCE BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT C�i"eL'i9 VENDOR TOTALS REG. CHECK 99-01800 MUIR AGENCY, INC. I 200901281498 NOTARY RENEWAL I 200901281999 RILEY NOTARY RENE69AL VENDOR TOTALS 99-01920 NICHOLS, JACKSON, DILLARD,H 12080001 GENERAL LEGAL SERVICE REG. CHECK VENDOR TOTALS REG. CHECK 99-10120 OFFICE DEPOT CREDIT PLAN R 2/26/2009 425.63 425.63 425.63 425.63 425.63CR 425.63CR 0.00 0.00 R 2/27/2009 71.00 71.00CR 71.00 2/27/2009 71.00 71.00CR R 71.00 142.00 142.00CR 0.00 142.00 0.00 R 2/26/2009 224.00 224.00CR 224.00 224.00 224*00CR 0.00 224.00 0.00 I O11309 FLASHDRIVES,TIME CLOCK MI SB99 R 2/2.6/2009 199.41 194.41CR 199.91 I 012109 w2'S STORAGE BOXES SB99 R 2/26/2009 34.98 34.98CR r 34.98 4 VENDOR TOTALS REG. CHECK 229.39 229.39CR 229.39 0.00 99-02090 CHRISTY PUNCHES I 200901271495 MEALS FOR TRAINING SB99 R 2/26/2009 70.00 70.00 VENDOR TOTALS REG. CHECK 70.00 70.00 70.00CR 70.00CR 0.00 0.00 ----------------------- 1-28-2009 11:33 AM A/P PAYMENT REGISTER PAGE: 6 PACKET: 02064 Regular Payments VENDOR SET: 99 VENDOR SEQUENCE VENDOR ITEM NO# DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 99-02170 REINERT PAPER & CHEMICAL, I I 228111 PAPER TOPtELS,TP,CLEANER SB99 R 2/27/2009 45.26 45.26CR 45.26 I 228203 PAPER TO[9ELS,TP,CLEANER SB99 VENDOR TOTALS REG. CHECK I XKQ70600 INK, BINDERS,TONER,RULER SB99 I XKQ70601 INK, HINDERS, TONER, RULER SB99 VENDOR TOTALS REG. CHECK 99-12820 RICOH AMERICAS CORP. I 404411164 MAINT AGREEMENT SB99 VENDOR TOTALS REG. CF{ECK 99-04290 SANGER CHAMBER OF COMMERC I 07736 BUSINESS MEMBERSHIP SB99 VENDOR TOTALS REG. CHECK R 2/27/2009 90.52 90.52CR 135.78CR 0.00 0.00 R 2/27/2009 23.97 23.97CR 23.97 R 2/27/2009 263.83 263.83CR 263.83 R 2/27/2009 27.84 27.84CR 27.84 315.64 315.64CR 0.00 315.64 0.00 R 2/26/2009 904.00 409.00CR 404.00 404.00 404.00CR 0.00 404.00 0.00 R 2/26/2009 325.00 325.00 325.00 325.00 ------------- risl�'l[iI�IIID 325.00CR 0.00 0.00 ------------------------ 1-28-2009 11:33 AM A/P PAYMENT REGISTER PAGE: 7 PACKET: 02064 Regular Payments VENDOR SET: 99 VENDOR SEQUENCE VENDOR ITEM NON DESCRIPTIODI BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 99-02300 SANGER COURIER: LEMONS NEWS I 00010805 DEC SPORTS PAGE SB99 R 2/27/2009 55.00 55.00CR 55.00 VENDOR TOTALS REG. CHECK 55.00 55.00 99-02690 TECHLINE, INC. I 1440272-00 7' TRIPLE HELIX ANCHOR SB99 R 2/26/2009 21205,00 11440458-00 I 1440530-00 I 1940531-00 ?,205.00 98 150W HPS BULBS S999 R 2/26/2009 410.40 410.40 16 RED URD WARNING TAPE SB99 R 2/26/2009 256.00 100AMP CUTOUT, GUARDS VENDOR TOTALS 99-02730 TEXAS METER G DEVICE I 0084772-IN GLOVE TEST,GLOVES 256.00 SB99 R 2/26/2009 2,260.50 2,260.50 REG. CHECK 5,131.90 5,131.90 VENDOR TOTALS REG. CHECK 99-18660 TEXAS UNDERGROUND R 2/26/2009 788.71 788.71 788.71 788.71 55.00CR 0.00 0.00 2,205.00CR 410.40CR 256.00CR 2, 260.50CR 5, 131.90CR 0.00 0.00 788.71CR 788.71CR 0.00 0.00 I 0069237-IN 1/2" HOSE 4000 PSI 600' SB99 R 1/27/2009 1,410.00 1,410.00CR 1,910.00 VENDOR TOTALS REG, CHECK 1,410.00 1,410*00CR 0.00 11410,00 0.00 1-28-2009 11:33 AM A/P PAYMENT REGISTER PAGE: 8 PACKET: 02064 Regular Payments VENDOR SET: 99 VENDOR SEQUENCE VENDOR ITEM NO# DESCRIPTION BANK CHECK STAT DUE DT GROSS PAYMENT OUTSTANDING DISC DT BALANCE DISCOUNT 99-05350 TX EXCAVATION SAFETY SYST I 08-8070 MESSAGE FEES JULY-DEC 08 SB99 R 2/26/2009 313.50 313.50CR VENDOR TOTALS REG. CHECK ---------------------------------------------------------------- 99-19260 TYLER TECHNOLOGIES I 74003 WEB HOSTING G SUPPORT SB99 VENDOR TOTALS REG. CHECK 313.50 313.50 313.50 R 1/27/2009 125.00 125.00 125.00 125.00 313.SOCR 0.00 0.00 ------------------------ 125.00CR 125.00CR 0.00 0.00 ---------------------- 1-28-2009 11:33 AM PACKET: 02064 Regular Payments VENDOR SET: 99 A/P PAYMENT REGISTER PAGE: 9 --------------------------------- -------------------------------- HAND CHECKS DRAFTS REG-CHECKS EFT NON -CHECKS R E P O R T T O T A L S F U N D D I S T R I B U T I O N FUND NO# FUND NAME AMOUNT 001 GENERAL FUND 51936.8OCR 008 ENTERPRISE FUND 10,013.O1CR -------------------------- ** TOTALS ** ------------------- 151949.81CR ---- TYPE OF CHECK TOTALS ---- ALL CHECKS TOTAL CHECKS TO PRINT: 34 ERRORS: GROSS PAYMENT OUTSTANDING NUMBER BALANCE DISCOUNT 0000 0600 0,00 0.00 0600 0.00 0,00 0,00 0600 0,00 15,949.81 15,949.81CR 0000 15,949.81 0.00 0000 0000 0,00 0,00 0000 0900 0000 0000 0.00 0400 15,949.81 15,949.81CR 0.00 15,949.81 0000 0 WARNINGS: 0 1/30/2009 2:39 PM A / P CHECK REGISTER PAGE: 1 PACKET: 02084 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK ,OR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02460 AT&T MOBILITY I-824886528x01222009 CELL PHONE SERVICE R 1/30/2009 505.55CR 038870 505.55 13070 DEE DEE ELLIOTT V 1 D C-1655 DEE DEE ELLIOTT N 1/30/2009 70.00 000000 I-200901271496 MEALS FOR TRAINING CLASS N 1/30/2009 70.000R 000000 0.00 02090 CHRISTY PUNCHES I-200901271495 MEALS FOR TRAINING R 1/30/2009 70.000R 038871 70.00 15250 SUDDENLINK I-200901301535 INTERNET SERVICE R 1/30/2009 117.65CR 038872 117.65 * * T 0 T A L S * * NO# DISCOUNTS CHECK ANT TOTAL APPLIED REGULAR CHECKS: 3 0.00 693.20 693.20 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: 4 0.00 693.20 693.20 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 1/30/2009 2:39 PM A / P CHECK REGISTER PACKET: 02084 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND DOR NAME / I.D. DESC CHECK CHECK TYPE DATE PAGE: 2 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT 001 1/2009 48645SCR 008 1/2009 20666SCR ---------------- --------------------- ------ ------------------------------------------- ALL 693.20CR 2/03/2009 3:54 PM A / P CHECK REGISTER PACKET: 02099 COBRA VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND JOR NAME / I.D. DESC 13080 BLUE CROSS BLUE SHIELD I-020309 DELORES ELLIOTT COBRA TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NON R 2/03/2009 298.61CR 038900 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 298.61 298.61 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 0.00 298.61 298.61 PAGE: 1 CHECK AMOUNT 298.61 2/03/2009 3:54 PM PACKET: 02099 COBRA VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND OR NAME / I.D. DESC A / P CHECK REGISTER CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT ------------------------------------------- 001 2/2009 298.61CR ALL 298.61CR PAGE: CHECK AMOUNT 2/03/2009 8:41 AM A / P CHECK REGISTER PAGE: 1 PACKET: 02094 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NON AMOUNT .JOR 10600 AL DeSANTIAGO I-020109 FEB 09 CELL PHONE R 2/03/2009 50.00CR 038873 50.00 04050 CURTIS AMYX I-020109 FEB 09 CELL PHONE R 2/03/2009 50.00CR 038874 50.00 15100 JOSH BISHOP I-020109 FEB 09 CELL PHONE R 2/03/2009 50.000R 038875 50.00 17730 MIKE BRICE I-020109 FEB 09 CELL PHONE R 2/03/2009 50.000R 038876 50.00 00020 ROSE CHAVEZ I-020109 FEB 09 CELL PHONE R 2/03/2009 50.000R 038877 50.00 08790 JUSTIN FULLER I-020109 FEB 09 CELL PHONE R 2/03/2009 50.000R 038878 50.00 19830 JOE ILIFF I-020109 FEB 09 CELL PHONE R 2/03/2009 50.000R 038879 50.00 08020 RONALD KINNEY I-020109 FEB 09 CELL PHONE R 2/03/2009 50.00CR 038880 50.00 03920 STEVE LEHOTSKY I-020109 FEB 09 CELL PHONE R 2/03/2009 50.000R 038881 50.00 08300 JONATHAN PERKINS I-020109 FEB 09 CELL PHONE R 2/03/2009 50.00CR 038882 50.00 04240 MIKE PRATER I-020109 FEB 09 CELL PHONE R 2/03/2009 50.00CR 038863 50.00 05400 PRE -PAID LEGAL CASUALTY C-020109 RANELL QUAM OVERPAY N 2/03/2009 64.75 000000 I-020109 INCORRECT BANK CODE N 2/03/2009 64.75CR 000000 0.00 i 08060 RANELL QUAM I-020109 PRE -PAID LEGAL OVERPAYMENT R 2/03/2009 64.75CR 038884 64.75 {k ! 06750 MIKE RILEY I-020109 FEB 09 CELL PHONE R 2/03/2009 50.000R 038885 50.00 2/03/2009 8:41 AM PACKET: 02094 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND JOR NAME / I.D. DESC 18030 JOHN SPRINGER I-020109 802 STH 19850 LAWRENCE STEVENSON I-020109 FEB 09 CELL PHONE 06770 SUN LIFE FINANCIAL C-020109 SUN LIFE FINANCIAL I-020109 SUN LIFE FINANCIAL 07700 JOSHUA VEST I-020109 FEB 09 CELL PHONE TOTAL ERRORS: 0 A / P CHECK REGISTER ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 2/03/2009 R 2/03/2009 N 2/03/2009 N 2/03/2009 R 2/03/2009 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 11000oOOCR 038886 1,000.00 50.00CR 038887 50.00 1,456.12 000000 1,456.12CR 000000 0.00 50.000R 038888 50.00 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 16 0.00 1,764.75 11764,75 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 2 0.00 0.00 0.00 0 0.00 0.00 0.00 18 0.00 1,764.75 1,764.75 2/03/2009 8:41 AM A / P CHECK REGISTER PACKET: 02094 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND FOR NAME / I.D. DESC CHECK CHECK TYPE DATE PAGE: 3 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT 001 2/2009 908.00CR 008 2/2009 856.75CR -------------------- ----------------------- ------------------------------------------- ALL 1,764.75CR 2/03/2009 11:09 AM A / P CHECK REGISTER PAGE: 1 PACKET: 02042 Regular Payments VENDOR SET: 99 BANK GNB99 GNB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 1%ZSd1;�T9fFIr C-020109 LEES,NEIGHBORS,KIRKWOOD R 2/03/2009 77.34 038889 C-200902021536 AFLAC R 2/03/2009 0.01 038889 I-AFK200812041377 INSURANCE R 2/03/2009 130930CR 038889 I-AFK200812181422 INSURANCE R 2/03/2009 130930CR 038889 I-AFK200812311429 INSURANCE R 2/03/2009 130.30CR 038889 I-AFK200901151449 INSURANCE R 2/03/2009 161.76CR 038889 I-AFL200812041377 INSURANCE R 2/03/2009 892.59CR 038889 I-AFL200812181422 INSURANCE R 2/03/2009 892.59CR 038889 I-AFL200812311429 INSURANCE R 2/03/2009 851.64CR 038889 I-AFL200901151449 INSURANCE R 2/03/2009 11130.70CR 038889 4,242.83 16060 ANDREG7 NEIGHBORS I-020109 AFLAC R 2/03/2009 8.20CR 038890 8.20 10180 BELINDA LEES I-020109 AFLAC R 2/03/2009 8.20CR 038891 8.20 13080 BLUE CROSS BLUE SHIELD I-020109 BLUE CROSS BLUE SHIELD R 2/03/2009 20,178.O1CR 038892 I-INS200812311429 HEALTH INSURANCE R 2/03/2009 1,812.50CR 038892 I-INS200901151449 HEALTH INSURANCE R 2/03/2009 1,987.50CR 038892 23,978.01 '. ''t0 CLEAT I-CLT200809111164 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105.00CR 038893 I-CLT200809251185 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105.00CR 038893 I-CLT200810091260 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105.00CR 038893 I-CLT200810231279 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105900CR 038893 I-CLT200811061327 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105900CR 038893 I-CLT200811201353 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105.00CR 038893 I-CLT200812041377 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105.00CR 038893 I-CLT200812181422 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105.000R 038893 I-CLT200812311429 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105.00CR 038893 I-CLT200901151449 ASSOCIATION DUES EMPLOYEE R 2/03/2009 105900CR 038893 1,050.00 03320 COLONIAL LIFE INSURANCE C-020109 COLONIAL LIFE INSURANCE R 2/03/2009 0.03 038894 I-00L200812311429 HEALTH INSURANCE R 2/03/2009 11.80CR 038894 I-00L200901291532 HEALTH INSURANCE R 2/03/2009 11.80CR 038894 I-LIF200812311429 LIFE INSURANCE R 2/03/2009 73.26CR 038894 I-LIF200901151449 LIFE INSURANCE R 2/03/2009 73.26CR 038894 170.09 2/03/2009 11:09 AM A / P CHECK REGISTER PACKET: 02042 Regular Payments VENDOR SET: 99 BANK GNB99 GNB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK JOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# 17590 DEREK KIRKWOOD I-020109 AFLAC R 2/03/2009 8.20CR 038895 10610 LEADERSLIFE INS. COMPANY C-020109 LEADERSLIFE INS. COMPANY R 2/03/2009 0.04 038896 I-LLI200812311429 LIFE INSURANCE R 2/03/2009 60.68CR 038896 I-LLI200901151449 LIFE INSURANCE R 2/03/2009 60.68CR 038896 05400 PRE -PAID LEGAL CASUALTY C-020109-1 RANELL QUAM OVERPAYMENT R 2/03/2009 64.75 038897 I-020109-1 RQ R 2/03/2009 12.95CR 038897 I-PPL200812181422 PREPAID LEGAL SERVICES R 2/03/2009 27.91CR 038897 I-PPL200812311429 PREPAID LEGAL SERVICES R 2/03/2009 27.91CR 038897 I-PPL200901151449 PREPAID LEGAL SERVICES R 2/03/2009 27.91CR 038897 I-PPL200901291532 PREPAID LEGAL SERVICES R 2/03/2009 27.91CR 038897 06770 SUN LIFE FINANCIAL C-020309 SUN LIFE FINANCIAL R 2/03/2009 133.08 038898 I-200902021537 SUN LIFE FINANCIAL R 2/03/2009 1,456.12CR 038898 I -GE 200812311429 DENTAL PLAN R 2/03/2009 479.02CR 038898 I -GE 200901151449 DENTAL PLAN R 2/03/2009 479.02CR 038898 1 VIRGINIA REEDY I-200902031538 COMM CENTER DEP R 2/03/2009 100.000R 038899 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 11 0.00 32,027,77 32,027,77 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: TOTAL ERRORS: 0 TOTAL F]ARNINGS: 0 11 0.00 32,027.77 32,027.77 PAGE: 2 CHECK AMOUNT 8.20 59.84 100.00 2/03/2009 11:09 AM PACKET: 02042 Regular Payments VENDOR SET: 99 BANK GNB99 GNB-ACCOUNTS PAYABLE FUND DOR NAME / I.D. DESC A / P CHECK REGISTER FUND 001 008 ALL CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# ** POSTING PERIOD RECAP ** PERIOD AMOUNT ------------------------------------ 2/2009 19,315.99CR 2/2009 12,711.78CR ------------------------------------ 32,027.77CR PAGE: 3 CHECK AMOUNT 2/04/2009 11:23 AM A / P CHECK REGISTER PACKET: 02064 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND PAGE: 1 CHECK CHECK CHECK CHECK DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT *VOID* VOID CHECK V 2/04/2009 038938 **VOID** 15330 4T HEATING & AIR I-12/8/12/29 HEATER REPAIR AT SHELTER R 2/04/2009 398.000R 038901 398.00 19970 ACE AIR CONDITIONING & HEATING I-14895 REPAIR HEATER R 2/04/2009 350.88CR 038902 350.88 1 AMANDA LYON I-200902031540 AMANDA LYON-CC REF R 2/04/2009 100.000R 038903 100.00 14220 ARLENE PEREZ I-08-14284 COURT INTERPRETER R 2/04/2009 150900CR 038904 150.00 00790 COUNTY BUILDERS SUPPLY, INC. I-10022383 7FT CHAIN & LOSCK R 2/04/2009 31.69CR 038905 I-10022458 DOOR HINGE R 2/04/2009 19.96CR 038905 I-10022477 2 31" TARP STRAP R 2/04/2009 3.78CR 038905 I-10022509 PIPE CLAMP, PIPE R 2/04/2009 18.58CR 038905 I-10022522 3/4 8' OSC WP R 2/04/2009 7.47CR 038905 81.48 08770 CPI OFFICE PRODUCTS I-2173466-0 OFFICE SUPPLIES R 2/04/2009 394.17CR 038906 394.17 00810 DENTON CO FIRE CHIEF'S ASSOC I-09-022 2009 DUES R 2/04/2009 280.000R 038907 280.00 03710 DENTON CO SHERIFF'S DEPT I-011209 LAY OUT FEES - BLACKBURN R 2/04/2009 40.00CR 038908 40.00 00840 DENTON PUBLISHING CO., INC. I-434508-2 LEGAL AD R 2/04/2009 63.20CR 038909 63.20 06490 DENTON REGIONAL MEDICAL I-010909 ESCREEN, PRE -EMPLOY R 2/04/2009 437,OOCR 038910 437.00 00860 DENTON TROPHY HOUSE I-12515/08163 AWARDS,NAME PLATES,PLAQUE R 2/04/2009 355.000R 038911 355.00 17640 DOLLAR GENERAL I-101819 DISH SOAP, DISPENSER R 2/04/2009 3.50CR 038912 I-101822 COFFEE,CREAMER,CUPS R 2/04/2009 45.000R 038912 48.50 2/04/2009 11:23 AM A / P CHECK REGISTER PACKET: 02064 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND PAGE: 2 CHECK CHECK CHECK CHECK JOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO#{ AMOUNT 19330 EMBROIDED BLESSINGS, LLC I-131 4 LONG SLEEVE SHIRTS R 2/04/2009 94.00CR 038913 94.00 19270 FAMILY DOLLAR I-200901271497 COFFEE,CREAMER,SOAP,TOWEL R 2/04/2009 90.45CR 038914 90.45 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750TD0812 BACKGROUND CHECK R 2/04/2009 5.00CR 038915 5.00 11300 FRP MARKETING I-1007 RESET TIME STAMP,MAP CKT R 2/04/2009 560.00CR 038916 560.00 19810 JODY PAYNE MASONRY CONTRACTOR I-011809 PREP COLUM TOP & PRE CAST R 2/04/2009 11050.00CR 038917 1/050000 17060 LEAD 11 EXCELLENCE I-01202008LC CE-OCT,NOV,DEC,JAN R 2/04/2009 864400CR 038918 864.00 18690 LIBERTY FLAGS, INC. I-47963 12 FLAGS R 2/04/2009 555690CR 038919 555.90 01570 LOWE'S COMPANIES, INC. I-1223540 4 LONG SHANK LOCKS R 2/04/2009 29.88CR 038920 29.88 Un600 MOORE MEDICAL CORP. I-80958894 MEDICAL SUPPLIES R 2/04/2009 425.63CR 038921 425.63 01800 MUIR AGENCY, INC. I-200901281498 NOTARY RENEWAL R 2/04/2009 71.00CR 038922 I-200901281499 RILEY NOTARY RENEWAL R 2/04/2009 71.00CR 038922 142.00 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-12080001 GENERAL LEGAL SERVICE R 2/04/2009 224.00CR 038923 224.00 10120 OFFICE DEPOT CREDIT PLAN I-011309 FLASHDRIVES,TIME CLOCK MI R 2/04/2009 194.41CR 038924 I-012109 W2'S STORAGE BOXES R 2/04/2009 34.98CR 038924 229.39 1 PAM KENT I-200902031539 PAM KENT -CC REFUND R 2/04/2009 1004000R 038925 100.00 02170 REINERT PAPER & CHEMICAL, INC. I-228111 PAPER TOWELS,TP,CLEANER R 2/04/2009 45.26CR 038926 I-228203 PAPER TOWELS,TP,CLEANER R 2/04/2009 90.52CR 038926 135.78 2/04/2009 11:23 AM A / P CHECK REGISTER PACKET: 02064 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND PAGE: 3 CHECK CHECK CHECK CHECK DOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 08230 RELIABLE OFFICE SUPPLIES I-TDX43700 INK,BINDERS,TONER,RULER R 2/04/2009 23.97CR 038927 I-XKQ70600 INK,BINDERS,TONER,RULER R 2/04/2009 263.83CR 038927 I-XKQ70601 INK,BINDERS,TONER,RULER R 2/04/2009 27.84CR 038927 315.64 12820 RICOH AMERICAS CORP. I-404411164 MAINT AGREEMENT R 2/04/2009 404.00CR 038928 404.00 04290 SANGER CHAMBER OF COMMERC I-07736 BUSINESS MEMBERSHIP R 2/04/2009 325.00CR 038929 325.00 02300 SANGER COURIER: LEMONS NEWSPAPERS, INC. I-00010805 DEC SPORTS PAGE R 2/04/2009 55.00CR 038930 55.00 02690 TECHLINE, INC. I-1440272-00 7' TRIPLE HELIX ANCHOR R 2/04/2009 2,205.00CR 038931 I-1440458-00 48 150VI HPS BULBS R 2/04/2009 410.40CR 038931 I-1440530-00 16 RED URD WARNING TAPE R 2/04/2009 256.00CR 038931 I-1440531-00 100AMP CUTOUT,GUARDS R 2/04/2009 21260.50CR 038931 5,131.90 02730 TEXAS METER & DEVICE I-0084772-IN GLOVE TEST,GLOVES R 2/04/2009 788.71CR 038932 788.71 -0 TEXAS UNDERGROUND I-0069237-IN 1/2" HOSE 4000 PSI 600' R 2/04/2009 1,410.00CR 038933 11410.00 17400 PRECIOUS THOMPSON I-12609 IT SUPPORT R 2/04/2009 497.13CR 038934 497.13 05350 TX EXCAVATION SAFETY SYST I-08-8070 MESSAGE FEES JULY-DEC 08 R 2/04/2009 313.50CR 038935 313.50 19260 TYLER TECHNOLOGIES I-74003 WEB HOSTING & SUPPORT R 2/04/2009 125.00CR 038936 125.00 19160 WORKERS ASSISTANCE PROGRAM, INC. 1-12/31/09 EAP DEC 08 R 2/04/2009 216.27CR 038937 216.27 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 37 0.00 16,786.41 16,786.41 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: 1 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: 38 0.00 16,786.41 161786.41 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 2/04/2009 11:23 AM A / P CHECK REGISTER PACKET: 02064 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND jOR NAME / I.D. DESC CHECK CHECK TYPE DATE PAGE : 4 CHECK CHECK DISCOUNT AMOUNT N04 AMOUNT ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT 001 2/2009 6,300.63CR 008 2/2009 10,485.78CR ALL 16r786a4ICR 2/06/2009 8:48 AM A / P CHECK REGISTER PACKET: 02104 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK DOR NAME / I.D. DESC TYPE DATE 00800 COSERV ELECTRIC I-200902051541 STREET LIGHTS/ ELECT SERV R 2/05/2009 02910 UPPER TRINITY I-W270901 VOLUME & DEMAND CHARGE R 2/05/2009 15210 VISION BANK I-10000410 FINAL # 10000410 FINAL PYMT R 2/05/2009 TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 PAGE: CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 11158.46CR 038939 1,158.46 20r464.99CR 038940 20f464.99 21792665CR 038941 2,792.65 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 3 0.00 24,416.10 24,416.10 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 3 0.00 29,416.10 29,916.10 2/06/2009 8:48 AM A / P CHECK REGISTER PACKET: 02104 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND DOR NAME / I.D. DESC CHECK CHECK CHECK TYPE DATE DISCOUNT AMOUNT NO# ** POSTING PERIOD RECAP ** FUND PERIOD AMOUNT ---------------- 001 2/2009 330m82CR 008 2/2009 24,085.28CR ------------------------------------------- ALL 241416.1OCR PAGE: 2 CHECK AMOUNT 2/10/2009 10:48 AM PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 10 CITY COUNCIL BUDGET TO USE: CB -CURRENT BUDGET VL :R NAME ITEM # --------------------------- 99-20190 AULDRIDGE GRIFFIN I-22698 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECKN AMOUNT 001-10-5415 ACCOUNTING SE 07/08 AUDIT 000000 6,000.00 DEPARTMENT 10 CITY COUNCIL TOTAL: 6,000.00 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BUDGET TO USE: CB -CURRENT BUDGET V. R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-02170 REINERT PAPER & CHEMICA I-224502 001-15-5245 JANITORIAL SU GARBAGE BAGS 99-17640 DOLLAR GENERAL I-101950 001-15-5245 JANITORIAL SU MURPHY'S SOAP DEPARTMENT 15 ADMINISTRATION PAGE: 2 BANK: SB99 CHECK# AMOUNT' 000000 12.30 000000 1.13 TOTAL: 13.43 ------------------- 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. :R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01310 LUTTRULL MCNATT, INC. I-512548 001-20-5325 R & M MOTOR V 10 15824471 KEY 000000 366.80 99-14560 C & G WHOLESALE I-30348 001-20-5255 WEARING APPAR 4X JACKET - STEVENSON 000000 120.00 99-18670 CARROLL TREGO I-144419 001-20-5325 R & M MOTOR V GAS ADDITIVE,DIESEL CONCE 000000 62.80 99-18790 FUELMAN I-NP16268434 001-20-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 354.61 I-NP16340319 001-20-5320 MOTOR VEHICLE FUEL 1/26/09 - 02/1/09 000000 384.53 99-19500 NAPA AUTO PARTS I-JAN09 001-20-5325 R & M MOTOR V MISC AUTO REPAIR PARTS 000000 46.36 DEPARTMENT 20 POLICE TOTAL: 11335.10 2/10/2009 10:48 AM PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL BUDGET TO USE: CB -CURRENT BUDGET �. R NAME ITEM # 99-00270 ANIMAL HOSPITAL ON MILA I-103344 99-01070 GALLS INC. I-5972993701015 I-5972993701015 I-5972993701015 I-5972993701015 99-18670 CARROLL TREGO I-144419 99-18790 FUELMAN I-NP16340319 99-19500 NAPA AUTO PARTS I-JAN09 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 001-22-5248 DOG POUND EXP VET SERVICE 1/9 - 1/29/09 000000 243.00 001-22-5255 G7EARING APPAR 5 SHORT SLEEVE SHIRTS 000000 179.95 001-22-5255 WEARING APPAR 2 LONG SLEEVE SHIRTS 000000 79.98 001-22-5255 WEARING APPAR SHIPPING 000000 20.99 001-22-5255 WEARING APPAR SHIELD DESIGN 000000 41.93 001-22-5325 R & M MOTOR V GAS & DIESEL ADDITIVE 000000 7.85 001-22-5320 MOTOR VEHICLE FUEL 1/26/09 - 02/l/09 000000 84.17 001-22-5325 R & M MOTOR V MISC AUTO REPAIR PARTS 000000 130.60 DEPARTMENT 22 ANIMAL CONTROL TOTAL: 788.47 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET ti "R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10022700 001-24-5326 R & M MINOR E FLEX COUPLING 000000 5.79 99-10800 RDJ SPECIALTIES, INC I-325626 001-24-5230 ADVERTISING 750 COLORING BOOKS 000000 517.50 I-325626 001-24-5230 ADVERTISING SHIPPING 000000 66.00 99-14030 STUART HOSE & PIPE CO I-SI000356537 001-24-5326 R & M MINOR E 31IX2 1/2" SS 000000 32.15 99-18790 FUELMAN I-NP16268434 001-24-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 95.15 I-NP16340319 001-24-5320 MOTOR VEHICLE FUEL 1/26/09 - 02/l/09 000000 184.20 99-19500 NAPA AUTO PARTS I-JAN09 001-24-5325 R & M MOTOR V MISC AUTO REPAIR PARTS 000000 160.21 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: lf061.00 2/10/2009 10:48 AM PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BUDGET TO USE: CB -CURRENT BUDGET C. -R NAME ITEM 4 -------------------- 99-00420 BOUND TREE MEDICAL, LLC I-80205199 99-05600 MOTRE MEDICAL CORP. I-80969113 I-80969113 I-80969705 99-16240 SCHAD & PULTE I-174315 I-200902101547 99-18620 STERICYCLE I-4000605387 99-18790 FUELMAN I-NP16268434 I-NP16340319 99-19310 INTERMEDIX TECHNOLOGIES I-JAN09 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION 001-25-5262 EMS SUPPLIES HYDROMORPHINE PAGE: 6 BANK: SB99 CHECK# AMOUNT ----------------------- 000000 35.48 001-25-5262 EMS SUPPLIES EKG PADS 000000 54.00 001-25-5262 EMS SUPPLIES FUEL CHARGE 000000 0.95 001-25-5262 EMS SUPPLIES MEDICAL SUPPLIES 000000 620.33 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 13.00 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 197.00 001-25-5262 EMS SUPPLIES MONTYLY BIO PICK UP 000000 14.16 001-25-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 114.14 001-25-5320 MOTOR VEHICLE FUEL 1/26/09 - 02/l/09 000000 136.34 001-25-5930 PROFESSIONAL JAN 09 EMS BILLING SERVIC 000000 1,090.19 DEPARTMENT 25 AMBULANCE TOTAL: 2,275.59 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND FACE: 7 DEPARTMENT: 26 MUNICIPAL COURT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V.. �R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10022607 001-26-5310 R & M BUILDIN HANDLE FOR TOILET 000000 4.29 99-00820 DENTON COUNTY S.O. I-020209 001-26-5379 JAIL FEES LAY OUT FEES- T. HARDIN 000000 40.00 99-03240 LAG] ENFORCEMENT SYSTEMS I-101879 001-26-5210 OFFICE SUPPLI 500 WARNING TICKET BOOKS 000000 77.00 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 121.29 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND PAGE: 8 DEPARTMENT: 27 CUSTODIAL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. 12 NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECKH AMOUNT 99-18790 FUELMAN I-NP16268434 001-27-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 11.43 DEPARTMENT 27 CUSTODIAL TOTAL: 11.43 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND PAGE: 9 DEPARTMENT: 28 DEVELOPMENT SERVICES BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. :R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02300 SANGER COURIER: LEMONS I-00010939-1 001-28-5230 ADVERTISEMENT PUBLIC NOTICE 000000 25.00 99-18790 FUELMAN I-NP16340319 001-28-5320 VEHICLE FUEL FUEL 1/26/09 - 02/l/09 000000 32.52 DEPARTMENT 28 DEVELOPMENT SERVICES TOTAL: 57,52 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V� .R NAME ITEM #i G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01240 INLAND TRUCK PARTS, INC I-18-22255/18-22248 001-30-5325 R & M MOTOR V DOT INSPECTIONS 000000 124.00 99-18670 CARROLL TREGO I-144419 001-30-5325 R & M MOTOR V GAS & DIESEL ADDITIVE 000000 57070 99-18790 FUELMAN I-NP16268434 001-30-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 136.08 I-NP16340319 001-30-5320 MOTOR VEHICLE FUEL 1/26/09 - 02/l/09 000000 213.87 99-19500 NAPA AUTO PARTS I-JAN09 001-30-5325 R & M MOTOR V MISC AUTO REPAIR PARTS 000000 12.48 DEPARTMENT 30 STREETS TOTAL: 544.13 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND PAGE: 11 DEPARTMENT: 32 PARKS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. 1R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01990 OSBORNE'S I-443695 001-32-5255 WEARING APPAR PANTS,BOOTS - K WILSON 000000 123.97 99-02140 RADIO SHACK I-10034936 001-32-5510 PHONE SERVICE CELL PHONE BATTERY 000000 24.99 99-02170 REINERT PAPER & CHEMICA I-228943 001-32-5245 JANITORIAL SU TOILET PAPER 000000 58.98 I-228943 001-32-5245 JANITORIAL SU PULL TOWELS 000000 82.64 I-228943 001-32-5245 JANITORIAL SU FUEL 000000 2.00 99-18790 FUELMAN I-NP16268434 001-32-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 74.52 I-NP16340319 001-32-5320 MOTOR VEHICLE FUEL 1/26/09 - 02/1/09 000000 163.41 99-19500 NAPA AUTO PARTS I-JAN09 001-32-5325 R & M MOTOR V MISC AUTO REPAIR PARTS 000000 20.06 99-19710 WORLD CLASS FLAGS I-10080631 001-32-5333 FLAGS US FLAG 000000 45.95 I-10080631 001-32-5333 FLAGS TEXAS FLAG 000000 48.00 I-10080631 001-32-5333 FLAGS OAK JOINTED INDOOR POLES 000000 109.90 I-10080631 001-32-5333 FLAGS LIBERTY STAND 000000 41.95 I-10080631 001-32-5333 FLAGS SUPERB EAGLE 7" 000000 65.90 I-10080631 001-32-5333 FLAGS SHIPPING 000000 40.90 DEPARTMENT 32 PARKS TOTAL: 903.17 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 FLEET SERVICES BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET R NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10022443 001-36-5252 MECHANIC SUPP MISC BITS & REPAIR ITEMS 000000 73.48 I-10022700 001-36-5252 MECHANIC SUPP SHOP SUPPLIES 000000 17.22 99-09040 J RANDY THOMPSON I-89221 001-36-5250 TOOLS & EQUIP HAMMER,BALLPEIN HAMMER,GL 000000 99-12460 SUPREME PARTS WASHERS I-S14420 001-36-5345 LEASE/PURCHAS PARTS WASHER SERVICE 000000 99-18590 GDI TIMS I-081200083 99-18790 FUELMAN I-NP16268434 I-NP16340319 99-19500 NAPA AUTO PARTS I-JAN09 I-JAN09 I-JAN09 001-36-5510 TELEPHONE SER MONTHLY EtII'iISIONS CHARGE 000000 150.00 001-36-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 12.98 001-36-5320 MOTOR VEHICLE FUEL 1/26/09 - 02/1/09 000000 24.97 001-36-5223 CHEMICALS MISC AUTO REPAIR PARTS 000000 151.60 001-36-5252 MECHANIC SUPP MISC AUTO REPAIR PARTS 000000 31.50 001-36-5325 R & M MOTOR V MISC AUTO REPAIR PARTS 000000 21.45 DEPARTMENT 36 FLEET SERVICES TOTAL: 606.94 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-228930 001-42-5245 OTHER OPERATI CASE TISSUE 000000 28.45 I-228930 001-42-5245 OTHER OPERATI CASE TOWELS 000000 32.74 I-228930 001-42-5245 OTHER OPERATI FUEL SURCHARGE 000000 2.00 99-02500 STAR BOOK SALES I-012709A 001-42-5227 BOOKS & OTHER COMPLETE GUIDE TO PRESCRI 000000 16.49 I-012709A 001-42-5227 BOOKS & OTHER CIG TO DRAWING MANGA SHOU 000000 16.49 I-012709A 001-42-5227 BOOKS & OTHER ENCYCLOPEDIA OF DEAD ROCK 000000 18.95 I-012709A 001-42-5227 BOOKS & OTHER FISKE GUIDE TO COLLAGES 000000 18.95 I-012709A 001-42-5227 BOOKS & OTHER CHINA 000000 13.95 I-012709A 001-42-5227 BOOKS & OTHER QUEST FOR THE GREAT WHITE 000000 13.49 I-012709A 001-42-5227 BOOKS & OTHER HOW TO IMPROVE AT KARATE 000000 16.95 I-012709A 001-42-5227 BOOKS & OTHER LITTLE HANDS ART BOOK 000000 13.95 I-012709A 001-42-5227 BOOKS & OTHER MAISY GOES TO THE MUSEUM 000000 10.49 I-012709A 001-42-5227 BOOKS & OTHER METAL MAN 000000 13.49 I-012709A 001-42-5227 BOOKS & OTHER RALPH MASIELLO'S ANCIENT 000000 13.95 I-012709A 001-42-5227 BOOKS & OTHER WAITING ON DAYBREAK 000000 11.99 I-012709A 001-42-5227 BOOKS & OTHER WAGERED HEART 000000 10.49 I-012709A 001-42-5227 BOOKS & OTHER EDGE OF RECALL 000000 11.99 I-012709A 001-42-5227 BOOKS & OTHER FAKING GRACE 000000 10.49 I-012709A 001-42-5227 BOOKS & OTHER WIND RIVER 000000 11.99 I-012709A 001-42-5227 BOOKS & OTHER BATTY ABOUT TEXAS 000000 12.95 I-012709A 001-42-5227 BOOKS & OTHER HISTORY OF TEXAS MUSIC 000000 16.49 I-012709A 001-42-5227 BOOKS & OTHER LONE STAR DIVORCE 000000 16.49 I-012709A 001-42-5227 BOOKS & OTHER ROPE, THE 000000 12.95 I-012709A 001-42-5227 BOOKS & OTHER TEXAS RATTLESNAKE ROUNDUP 000000 16.49 I-012709A 001-42-5227 BOOKS & OTHER PASA EL EXAMEN DE CIUDADA 000000 10.49 99-10760 BRODART CO I-B376740 001-42-5227 BOOKS & OTHER BORN TO RUN 000000 22.61 I-B376740 001-42-5227 BOOKS & OTHER DARK OF NIGHT 000000 13.37 I-B376740 001-42-5227 BOOKS & OTHER MOUNTING FEARS 000000 13.88 I-9376740 001-42-5227 BOOKS & OTHER RUN FOR YOUR LIFE 000000 14.97 I-B376740 001-42-5227 BOOKS & OTHER ACCOCIATE 000000 14.95 I-B376740 001-42-5227 BOOKS & OTHER PROCESSING 000000 5.90 I-B376740 001-42-5227 BOOKS & OTHER ABC3D 000000 14.46 I-B376740 001-42-5227 BOOKS & OTHER ASSASSIN 000000 14.42 I-2376740 001-42-5227 BOOKS & OTHER BOLD FRESH PIECE OF HUMAN 000000 13.91 I-B376740 001-42-5227 BOOKS & OTHER BORIS AND THE SNOOZEBOX 000000 13.88 I-B376740 001-42-5227 BOOKS & OTHER EASY WAYS TO LOWER YOUR T 000000 17.39 I-B376740 001-42-5227 BOOKS & OTHER FASHION 101 000000 15.62 I-B376740 001-42-5227 BOOKS & OTHER FISH WITHOUT A DOUBT 000000 18.72 I-B376740 001-42-5227 BOOKS & OTHER LAUREN FIX'S GUIDE TO LOV 000000 10.09 I-B376740 001-42-5227 BOOKS & OTHER MAKE ANY DIVORCE BETTER 000000 21.71 I-B376740 001-42-5227 BOOKS & OTHER NIGHT OF THE GUN 000000 13.91 I-B376740 001-42-5227 BOOKS & OTHER ONE HUNDREDSHINING CANDLE 000000 15.62 I-B376740 001-42-5227 BOOKS & OTHER HOME:A MEMOIR OF MY LIFE 000000 14.42 I-8376740 001-42-5227 BOOKS & OTHER HOW TO DO YOUR OWN DIVORC 000000 26.06 2/10/2009 10:48 AM PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BUDGET TO USE: CB -CURRENT BUDGET V`. '...2 NAME ITEM # REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-10760 BRODART CO continued I-B376740 001-42-5227 BOOKS & OTHER JOHN LENNON 000000 18.70 I-B376740 001-42-5227 BOOKS & OTHER ONE MINUTE TO MIDNIGHT 000000 15.49 I-B376740 001-42-5227 BOOKS & OTHER PIECES OF MY HEART 000000 13.88 I-B376740 001-42-5227 BOOKS & OTHER SHINE MOON SHINE 000000 13.88 I-B376740 001-42-5227 BOOKS & OTHER SMELLY PETER 000000 13.88 I-B376740 001-42-5227 BOOKS & OTHER STORI TELLING 000000 13.35 I-B376740 001-42-5227 BOOKS & OTHER SUMMER AFFAIR 000000 13.37 I-B376740 001-42-5227 BOOKS & OTHER THREE CUPS OF TEA 000000 8.92 I-9378622 001-42-5227 BOOKS & OTHER AGAINST MEDICAL ADVICE 000000 14.44 I-B378622 001-42-5227 BOOKS & OTHER DRAGONHEART 000000 14.44 I-B378622 001-42-5227 BOOKS & OTHER HERE'S THE STORY 000000 13.88 I-B378622 001-42-5227 BOOKS & OTHER REAL LIFE 000000 14.44 I-B378622 001-42-5227 BOOKS & OTHER STILL WATERS 000000 12.81 I-B378622 001-42-5227 BOOKS & OTHER PROCESSING 000000 3.16 I-B378622 001-42-5227 BOOKS & OTHER PROCESSING 000000 29.08 99-11820 STEWART ORGANIZATION I-88087 001-92-5332 OFFICE MACHIN COPIER MAINT 000000 27,64 99-17430 JUNIOR LIBRARY GUILD I-200902091542 001-42-5227 BOOKS & OTHER 36 BOOK SUBSCRIPTION 000000 954.00 99 _0350 NORTH TEXAS REGIONAL LI I-020209 001-42-5610 GRANT EXPENSE SHARED LIBRARY SYSTEM 000000 51853,00 DEPARTMENT 42 LIBRARY TOTAL: 7/717640 FUND 001 GENERAL FUND TOTAL: 21,434.97 2/10/2009 10:48 AM PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 10 CITY COUNCIL BUDGET TO USE: CB -CURRENT BUDGET V� ,R NAME ITEM # ------------------------------------- 99-20190 AULDRIDGE GRIFFIN I-22698 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION 008-10-5415 ACCOUNTING S 07/08 AUDIT PAGE: 15 BANE: SB99 CHECK# AMOUNT 000000 6,000.00 DEPARTMENT 10 CITY COUNCIL TOTAL: 6,000.00 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. a NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECKIf AMOUNT 99-02170 REINERT PAPER & CHEMICA I-224502 008-15-5245 JANITORIAL SU GARBAGE BAGS 000000 12.30 99-17640 DOLLAR GENERAL I-101950 008-15-5245 JANITORIAL SU MURPHY'S SOAP 000000 1.12 DEPARTMENT 15 ADMINISTRATION TOTAL: 13.42 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 DATA PROCESSING BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. _2 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECKiI AMOUNT 99-02170 REINERT PAPER & CHEMICA I-224502 008-19-5245 JANITORIAL SU GARBAGE BAGS 000000 24.58 99-11170 RICOH AMERICAS CORP:QDS I-13485470 008-19-5332 OFFICE MACHIN COPY MACHINE AGREEMENT 000000 214.28 99-19260 TYLER TECHNOLOGIES I-74002 008-19-5451 ANNUAL SOFTWA UB INQUIRY,WEB HOSTING 000000 110.00 DEPARTMENT 19 DATA PROCESSING TOTAL: 398.86 2/10/2009 10:48 AM PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 27 CUSTODIAL BUDGET TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 BANK: SB99 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18790 FUELMAN I-NP16268434 008-27-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 11.43 DEPARTMENT 27 CUSTODIAL TOTAL: 11.43 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 FLEET SERVICES BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10022443 008-36-5252 MECHANIC SUPP MISC BITS & REPAIR ITEMS 000000 73.49 I-10022700 008-36-5252 MECHANIC SUPP SHOP SUPPLIES 000000 17022 99-09040 J RANDY THOMPSON I-89597 008-36-5250 TOOLS & EQUIP HAMMER,BALLPEIN HAMMER,GL 000000 121.98 99-12460 SUPREME PARTS WASHERS I-S14931 008-36-5345 LEASE/PURCHAS PARTS WASHER SERVICE 000000 150.00 99-18590 SDI TIMS I-081200083 008-36-5510 TELEPHONE SER MONTHLY EMMISIONS CHARGE 000000 1.26 99-18790 FUELMAN I-NP16268434 008-36-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 12.98 I-NP16340319 008-36-5320 MOTOR VEHICLE FUEL 1/26/09 - 02/l/09 000000 24.97 99-19500 NAPA AUTO PARTS I-JAN09 008-36-5223 CHEMICALS MISC AUTO REPAIR PARTS 000000 151.61 I-JAN09 008-36-5252 MECHANIC SUPP MISC AUTO REPAIR PARTS 000000 31.50 I-JAN09 008-36-5325 R & M MOTOR V MISC AUTO REPAIR PARTS 000000 21.45 DEPARTMENT 36 FLEET SERVICES TOTAL: 606.46 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 20 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 WATER BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V 2 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00180 AMERICAN MESSAGING I-200902091543 008-50-5525 PAGERS ON CALL PAGER 000000 55.09 99-18670 CARROLL TREGO I-144419 008-50-5325 R & M MOTOR V GAS & DIESEL ADDITIVE 000000 49.85 99-18790 FUELMAN I-NP16268434 I-NP16340319 99-19500 NAPA AUTO PARTS I-JAN09 008-50-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 008-50-3320 MOTOR VEHICLE FUEL 1/26/09 - 02/l/09 008-50-5325 R & M MOTOR V MISC AUTO REPAIR PARTS DEPARTMENT 50 WATER 000000 211.65 000000 173.59 000000 201.53 TOTAL: 691.71 ------------------------ 2/10/2009 10:48 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 21 PACKET: 02107 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 ELECTRIC DEPARTMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. 3 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02300 SANGER COURIER: LEMONS I-00010939 008-58-5230 ADVERTSING JAN SPORTS PAGE 000000 55.00 99-04160 COMET CLEANERS I-200902091544 008-58-5255 WEARING APPAR CLEANING PRATER/CLAYTON 000000 36.25 99-08460 DELL COMPUTERS, LLP I-XD3RD1P45 008-58-6025 COMPUTER HARD COMPUTER 000000 842.13 99-1 MISC. VENDOR HOLIDAY INN EXPRES I-200902101546 008-58-5240 TRAVEL EXPENS PRATER/CLAYTON #60408393 000000 195.50 99-18670 CARROLL TREGO I-144419 008-58-5325 R & M MOTOR V GAS & DIESEL ADDITIVE 000000 42.00 99-18790 FUELMAN I-NP16268434 008-58-5320 MOTOR VEHICLE FUEL 1/19/09 - 1/25/09 000000 132.40 I-NP16340319 008-58-5320 MOTOR VEHICLE FUEL 1/26/09 - 02/l/09 000000 222.04 99-19500 NAPA AUTO PARTS I-JAN09 008-58-5325 R & M MOTOR V MISC AUTO REPAIR PARTS 000000 39.70 99-19890 ECLIPSE MERCANTILE COMP I-66331 008-58-5260 SAFETY EQUIPM 4 CAVALAR GLOVES 000000 79.80 I-67009 008-58-5250 MINOR TOOLS 3/8 16" CHAIN 000000 96.00 I-67009 008-58-5250 MINOR TOOLS 325 18" CHAIN 000000 108.00 DEPARTMENT 58 ELECTRIC DEPARTMENT TOTAL: 1,848.82 FUND 008 ENTERPRISE FUND TOTAL: 91520,70 REPORT GRAND TOTAL: 30,955,67 COUNCIL AGENDA ITEM AGENDA TYPE Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop Executive Public Hearing Reviewed by Legal Yes Lj Not Applicable Yes ❑ Not Applicable Council Meeting Date: February 17, 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 Authorize City Manager to Research Alternative Wholesale Electric Providers and Notify Brazos of our Intent to Switch Providers. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ANON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM To be discussed during the Work Session. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: 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: February 17, 2009 Mike Brice MEN City Manager Reviewed/Approval Initials m- Date a ACTION REQUESTED: ®ORDINANCE #02-01-09 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and possible action on Ordinance #02-01-09 revising Article 3.1400 Sign Regulations of the City of Sanger Code of Ordinances FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM In 2008, the City Council created an ad hoc Sign Committee with members of the City Council and Planning & Zoning Commission for the purpose of reviewing potential changes to the sign regulations. The Sign Committee reviewed ordinances from several other communities for a functional structure, and adapted the contents to reflect Sanger's unique characteristics. The proposed sign regulations appeared before the City Council on January 5t" for discussion. The Council requested that the Planning & Zoning Commission review and comment on the proposed regulations. The Planning & Zoning Commission met February 9t" and provided the following comments. Several members of the commission expressed their feelings that pole signs were being too limited geographically. They suggested that more areas be available for pole signs, such as FM 455 from Marion Road on the east to Metz Road on the west. Another commissioner mentioned concern about the regulations concerning painting on buildings, and the difference between a sign or advertisement and a mural or piece of art. STAFF OPTIONS & RECOMMENDATION Staff recommends approval of the proposed ordinance. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Ordinance #02-01-09 Agencies: The Sign Committee recommended approval of the proposed amendments to the Sign Regulations. The Planning & Zoning Commission has also reviewed the ordinance and provided comments included in this report. ORDINANCE #02-01-09 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING CHAPTER 3, BUILDING REGULATIONS, IN THE CODE OF ORDINANCES BY REPEALING ARTICLE 3.1400 IN ITS ENTIRETY AND ADOPTING ARTICLE 3.1400 AS PRESENTED IN EXHIBIT "A", PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That the Code of Ordinances, City of Sanger, Texas, Chapter 3, Building Regulations, Article 3.1400, Sign Regulations, is hereby amended by repealing Article 3.1400 in its entirety and adopting Article 3.1400 as presented in Exhibit "A" attached hereto. Section 2. Any person who violates a provision of this article is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Section 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 4. 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 effect any of the remaining portions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph or section. Section 5. 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 %J this day of February, 2009. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary EXHIBIT "A" CHAPTER 3 BUILDING REGULATIONS ARTICLE 3.1400 SIGN REGULATIONS State Law References: Municipal regulation of signs, V. I C.A., Local Government Code 216.003; regulation of political signs by municipality, V.T.C.A., Local Government Code 216.903. Section 3.1401 Purpose and Intent Regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities in the corporate limits of the City to encourage the general attractiveness of the community and to protect property values therein. Accordingly, it is the intention of this chapter to establish regulations governing the display of signs and in part to achieve the following: I. Safety To promote the safety of persons and property by providing that signs: a. Promote and protect the public health, safety, comfort, morals and convenience; b. Do not obstruct firefighting or police surveillance; and c. Do not overload the public's capacity to receive information or increase the probability of traffic congestion and accidents by distracting attention or obstructing vision. II. Communications efficiency To enhance the economy, the business and industry of the City on promoting the reasonable, orderly and effective display of signs and thereby encourage increased communication with the public, so that: a. Businesses and services may identify themselves; b. Customers and other persons may locate a business or service; c. Signs are compatible with their surroundings, are appropriate to the type of activity to which they pertain, and are expressive of the identity of proprietors and other persons displaying signs; and d. Persons exposed to signs are not overwhelmed by the number of messages presented and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose. 1 III. Environment quality and preservation To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs: a. Do not interfere with scenic views, protect and preserve the unique and natural beauty and historic values of the City; b: Do not create a nuisance to persons using the public right -of --ways; c. Do not create a nuisance to the occupancy of adjacent and contiguous property by their brightness, size, height or movement; and d. Are not detrimental to land or property values. Section 3.1402 Administration The provisions of this chapter shall be administered and enforced by the Development Services Department, Section 3.1403 Permit; Penalty for Violation of Chapter a. Required. It shall be unlawful for any person to erect, conduct major repair of or relocate any sign within the City without first obtaining a permit to do so from the Development Services Department or its designated representative. Minor repair, however, is allowed without a permit, as defined in Section 3.1404. b. Application. Application for a permit required by this chapter shall be made upon forms provided by the Development Services Department. c. Insurance. Every applicant for a permit under this chapter for attached, detached and billboard signs erected or maintained in accordance with Section 3.1407 (a) (b) and (c) shall carry a liability insurance policy (minimum $20,000.00), which covers the subject sign during erection. The policy must be carried by an approved insurance company authorized to do business in the state. A bond covering the subject sign will be acceptable. Proof of liability coverage shall be submitted by means of a certificate. d. Refusal of permit for failure to pay costs. The Development Services Department may refuse to issue a permit under this chapter to any person who has refused or failed to pay any costs relating to signs. e. Approval of permit by electrical inspector. The application for a permit for the erection of a sign in which electrical wiring and connections are to be used shall be 2 approved by the electrical inspector prior to submission of the application to the Development Services Department for final approval. f. Pernut fee schedule. All attached, detached and non -premises signs, except those exempted from the provisions of this chapter, shall be charged a permit fee based on the fee schedule. g. Issuance. It shall be the duty of the inspector, upon the filing of an application for a permit under this chapter, to examine the plans and specifications and other data and the premises upon which the sign is proposed to be erected; and, if it shall appear that the proposed sign is in compliance with all the requirements of this chapter, the building code and all other laws and ordinances of the City, the permit shall then be issued. h. Time limit for completion of work. If the work authorized by a permit issued.. under the provisions of this chapter has not been completed within 60 days after the date of issuance of the certificate of occupancy or the issuance of a sign permit, whichever is later, the permit shall become null and void. I. Revocation. All rights and privileges acquired under the provisions of this chapter or any amendment hereto are mere licenses, revocable at any time by the City Council, and all permits issued hereunder shall contain this provision. Section 3.1404 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Automobile dealership, franchise means franchises that are granted specifically by a motor vehicle manufacturer to an authorized dealer for sales only of a specific make of motor vehicle such as Ford or Chevrolet. Building, means a structure that has a roof supported by columns, walls or air for the shelter, support or enclosure of persons, animals or chattel. Facade, means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction or in directions within 45 degrees of one another, they are to be considered as part of a single facade. Frontage or property frontage, means the entire length ofthe boundary line of any one tract of real property adjacent to a public right -of --way, measured parallel to the right -of --way line in a horizontal manner 3 Nameplate sign, means any sign showing only the name and address of the owner or occupant of the premises on which it is erected. Premises, means a lot or un-platted tract that is recorded in the City. Repair, major, means any repair, other than minor repair as defined below, of an existing sign, which through an act of god or other event has become damaged in excess of 50 percent of its replacement cost. Such repair work will require a permit and shall meet all provisions of this chapter. Verification of the percentage of damage will be supplied by the applicant to the permit office, and such verification shall be: two estimates from two different reputable sign companies, stating the total value of the sign and the total value of all costs to repair the sign to its original state. If the applicant agrees that the repair exceeds 50 percent of replacement cost, then the said estimates shall not be required. Repair, minor, is limited to painting, replacement of defective parts, cleaning or other similar minor maintenance to a sign, which will keep said sign at an acceptable level and which does not change the total area of the sign, and which repair is less than 50 percent of the replacement cost of the sign. Sign, means and includes any writing, letter, word, numeral, pictorial representation, emblem, symbol, trademark, object, design or other identification that is designed or intended to identify, advertise, announce or inform. The term "sign" shall not include: a. Works of art that in no way identify a product or business and that are not displayed in conjunction with a for -profit enterprise; b. Temporary decorations or displays directly incidental to and customary and commonly associated with the national, local or religious holiday celebrations; or c. Traffic and other official signs and devices of any public or governmental agency. Sign, abandoned, means a sign that depicts or refers to a product, business, service, activity, condition or person, which has changed in such a manner that the sign no longer correctly identifies or describes him/her/it, or which no longer exists at the location referred to in the sign, or which no longer exists in any way or at any place. Sign, advertisement/identification flag, means and includes flags or insignia that bear identification other than defined in "Sign, government flag". Sign, attached, means any sign attached to, applied on or supported by any part of a building (such as a wall, roof, window, canopy, awning, arcade or marquee) that encloses or covers usable space and does not extend more than 12 inches from the building facade. Sign, billboard and/or non -premises, means a sign that advertises products or services not sold, manufactured or distributed on the premises on which the sign is located. Sign detached, means any sign connected to the ground, which is not an attached sign. Sign, detached ground, means a sign having a low profile, either made of or contained within stone, concrete, metal, wood, brick or similar material, which does not exceed 6 feet in height from the adjacent ground level. Sign, detached pole, or pole sign, means any sign supported by one or more freestanding poles and having no guys or braces to the ground or to any structure. Sign, effective sign area measurement, means the area enclosed by drawing one or more rectangles of horizontal and vertical lines that fully contain all extremities of the sign drawn to scale, exclusive of its supports. The measurement is to be calculated from the viewpoint that gives the largest rectangle of that kind as the viewpoint is rotated horizontally around the sign. Sign, government flag, means flags or insignia of governments or fraternal, religious, civic or educational organizations and institutions that are not used in connection with a commercial promotion or to advertise a commercial product, service, business, activity or condition, or person. Sign, hanging, means a sign chat is attached beneath an awning or canopy of a building. Sign, light projecting, means LED (Light Emitting Diode). Sign, non -premises, temporary directional, means a temporary sign, generally with a plastic, metal or cardboard back and a wooden or -steel stake, used to promote the sale of property, lots or homes within a subdivision. Sign, on -site traffic, means a sign that directs vehicular or pedestrian movement within or onto the premises on which the movement control sign is located. Sign, political, means any type of sign that refers only to the issues or candidates involved in a political election. Sign, portable and/or display, means a sign that is not permanently attached to the ground or building or designated to be permanently attached to the ground or building. Sign, premises, means any sign, the content of which relates to the premises on which it is located, referring exclusively to the name, location, products, persons, accommodations, service or activities on those premises, or the sale, lease or construction of those premises. Sign, projecting, means a sign attached to a building or extending, in whole or in part, 12 inches or more perpendicular to the surface of the building to which the sign is attached. Sign, protective, means any sign that is commonly associated with safeguarding the permitted uses of the occupancy. Sign, roof, means any sign erected upon, against or directly above a roof, or on top of or above the parapet of the building. Sign, special purpose, means a sign temporarily supplementing the permanent signs on the premises. Sign support, means any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign, providing that said support is not used as a sign. -Sign, vehicular, means a sign that identifies a vehicle used for a particular business, however, not when the primary use of the vehicle is that of a sign. -Wind-driven sign, means any sign consisting of one or a series of 2 or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or material fastened in such a manner as to move upon being subjected, to pressure by wind or breeze. Zoning district, agriculture, means any zoning district designated by the comprehensive zoning ordinance of the City as an agricultural district. Zoning district business, means any zoning district designated bythe comprehensive zoning ordinance of the City as a commercial and/or industrial district or any other business districts that should replace these or be added to them in the future. Zoning, district, non -business, means any zoning district not designated as a business district in accordance with the definon of "zoning district, business" or any non -business district that should replace these or be added to them in the future. Section 3.1405 Prohibited Signage The following signs are specifically prohibited, except as otherwise prescribed within this chapter. a. Certain illuminated signs. No sign shall be illuminated to an intensity that causes glare or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, intermittently lighted color changing, beacons, revolving projections, LED or similarly constructed signs shall not be allowed. Message signs in compliance with Section 3.1406(f) are allowed. b. Signs containing obscene matter. Signs containing statements, words or pictures of an obscene character. c. Signs interfering with traffic. Signs that imitate an official traffic sign or signal, or which contain the words "stop", "go slow", "caution", "danger", "warning" or similar words used on official traffic signs or signals. Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal, or which obstruct the view in any direction at a street or road intersection. d. Painting, marking streets, sidewalks, buildings, utility poles, trees. No person shall attach any sign, paper or other material to, or paint, stencil or write any name or number (except house numbers) on, or otherwise mark on any sidewalk, curb, gutter, street, utility pole, tree, public building or structure unless authorized by this chapter or by the City Council or its delegated representatives. e. Signs in, on or over public right -of --way, railroad right -of --way, public easements or designated fire lanes. No person shall place, erect or allow to be placed or erected any sign in, on, or over public rights -of --way and easements, railroad right -of --way designated fire lanes except as erected by the City for public purposes. Detached signs shall maintain a setback as described in Section 3.1407(11, Table 1). f. Signs on fences, railings, etc. No person shall paint a sign or attach a sign, other than a nameplate, to the outside of a fence or railing. Agricultural signs are allowed as described in Section 3.1411(III m). g. Searchlights are prohibited, unless specially permitted through the City Council. Searchlights may be allowed as part of a grand opening event with the issuance of a new occupancy permit once for a period up to 4 days per site as long as it does not create an adverse impact on surrounding developments or the public health, safety, and general welfare. An application for such permit shall be submitted to the City 30 days prior to the event and shall indicate the number of searchlights, time of use, intended purpose and location. If the use of the property should change, a new searchlight permit could be granted with the issuance of a new occupancy permit for the property. h. Miscellaneous.. Signs that project above the fascia wall of any structure, strings of light bulbs not permanently mounted on a rigid background, used in connection with commercial premises for commercial purposes, other than traditional holiday decorations, and wind -driven signs shall be prohibited. Projecting signs are prohibited in all zones except as described in the commercial historic section of this chapter, Section 3.1409(e). fIl Signs that are erected upon or applied to any roof are prohibited. A mansard -style roof shall be considered as part of the building facade and not the roof for the purpose of attached sign location. The term "sign" herein shall not apply to a religious symbol, unaccompanied by lettering, when applied to the cornice, tower or spire of a place of worship. I. Handbills. It shall be unlawful for any person to scatter, distribute, throw or attach handbills, circulars, cards, tear sheets, or any other advertising device of any description along or upon any street, sidewalk, public park or vehicle in the City. j. Banners or pennants. Banners or pennants, other than those described in Section 3.1407(III (d) and 3.1407 VII) are prohibited. k. No luminous gaseous tubing sign within an enclosed building behind glass and visible outside the building from the public right-of-way through a window, except "Open" signs, shall be permitted. 1. Billboards are prohibited. Section 3.1406 All Zoning Districts The contents of this chapter are applicable to the corporate limits of the City only. The following general provisions apply to signs in all zoning districts: a. Detached signs shall be engineered to withstand a wind load of 30 pounds per square foot. b. Abandoned signs shall be removed within 180 days after such business ceases. Signs may have the face replaced with a blank face of like material. c. All illuminated signs shall bear the Underwriters' Laboratories, Inc. label or be built to comply with the Underwriters' Laboratories, Inc. requirements and shall be in conformance with the current Electrical Code, additionally, illuminated signs shall comply with the following provisions: Any light used for the illumination of a sign shall be shielded so that the' beams or rays of light shine directly onto the sign and not into surrounding areas. Neither the direct nor the reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares. External illumination is allowed on the following signs: Signs in the City's downtown commercial historical district; Detached signs on tracts 25 acres or greater in industrial zoning districts; Ground signs in business districts; and Institutional signs and apartment signs.. d. Any person having an interest in the sign for whom a permit is issued under this chapter shall maintain all parts and supports of the sign covered by such permit in good condition to prevent deterioration, oxidation, rust and other unsightly conditions. e. The inspector shall inspect as deemed necessary, each sign regulated by this chapter for the purpose of ascertag whether the same is secure or in ininsecure, whether it still serves a useful purpose, and whether it is in need of removal or repair. f. Message signs are allowed up to 20 square feet and count toward the overall signage allowance. g. A business that shares a cross access across another property to a different street may be allowed 1 off premise directional sign. The directional sign may only display the name and logo of the business and an arrow. The sign can be no larger than 8 square feet and no more than 6 feet in height. Section 3.1407 Business and Agricultural Zoning Districts I. On premises. attached signs a: Sign allowance. The total area per face of a sign shall not exceed 1 1/2 square feet of face area for each linear foot of building fascia length. Allowances for individual occupancies within a multi -use building shall be calculated on leased or occupied fascia length. If the lot on which the building is located has multiple right-of-way frontage, each street frontage shall be counted for purposes of determining attached sign allowance. Said signage is to be applied (distributed) on the sides of the building where facing directly adjacent to the public right-of-way. Alternate signage is allowed on sides of the building not adjacent to the public right -of --way not to exceed 1/3 of the allowance or 25 square feet, whichever is less. b. Sign location. Attached signs maybe located on a building wall; but, if any part of the sign projects above the ceiling line of the first floor, then no window or part of a window shall be situated within or blocked by the flat wall sign. No such sign shall extend above the roof line of the building or more than 12 inches from the building wall. Where such signs are located onmansard-style roofs, and the building fascia is not vertical, the bottom of such sign shall not project more than 12 inches from said roof and the sign can be oriented in a vertical manner. The staff shall promulgate such graphic to illustrate sign location and orientation. c. Sign and letter/logo height in relation to bung height. For multistory structures, attached signage as described in subsection (b)(1) of this section is allowed between the ground levels to a height of 24 feet. For multistory structures that are 4 stories in height or more, the following standards shall apply to letter/logo height in relation to building height: Maximum height is as follows: Height of sign, 4 stories or greater Maximum letter/logo height 4 stories 36 inches 5 to 10 stories 48 inches 11 to 15 stories 60 inches 16 stories and above 72 inches Additionally, the above table represents the maximum letter and/or logo height in each sign height category. When a sign is totally composed of individually mounted letters, either one letter or one logo may be 25 percent taller than the maximum letter/logo height. Such signage shall be located between the floor level of the top floor and the top of the fascia wall. II. On -premises detached ground or pole signs Pole signs shall be allowed only along the following linear segments of streets: I-35 5�' Street (I-35 Business) from Keaton to Cowling 5"' Street from FM 455 North to I-35 service road FM 455 from 5' Street to Acker Street Note: If the stated linear segment does not reference a beginning or ending cross -street, the segment shall mean the entire length of such street within the corporate limits or from the stated cross -street to the corporate limits, as the case may be. The City Council, upon specific application, may approve an exception to allow a pole sign 10 at a location where prohibited herein if the Council determines that a general condition of pole signs exists in the immediate vicinity and the proposed pole sign would be consistent with such established conditions. a. Pole sign regulations. Where allowed, pole signs shall conform to the following restrictions and limitations. Tah1P ##1 Planned width of 0 to70 feet 71 to 99 feet 100 feet or more Interstate 35 adjacent thoroughfare Mum width 50 100 150 50 80 100 j 100 200 125 of lot frontage Maximum 20 30 40 5060 70 80 100 150 square footage per side * Pole sign not allowed. See regulations for ground signs which follow. 5�l Street FM 455 Acker ' Street 5t" Street I-35 Keaton. Road 5th Street.r'T P, Cowling Drive f Fr 11 Setback from 5 5 10 10 10 15 15 15 15 street ROW line or any property line (feet) Maximum * 8 10 25 25 25 50 height (feet) * Pole sign not allowed. See regulations for ground signs: b. Ground sign regulations. The maximum area of any ground sign as defined herein, is the area allowed by Table #1. The required setback from a street right- of-way line is 3. V2 feet. Required setbacks from other property lines are as specified by Table#1. The maximum height of any sign on a lot with less than 100 feet of street frontage adjacent to a street with a right-of-way of 70 feet or less and does not exceed 10 feet in height, it may be considered a ground sign; provided that not less than 120 square feet of its area is below a height of 6 feet. c. Multi -use signs. A multi -use sign that identifies a coordinated development site of more than one use, such as a shopping center, office center, or industrial park, may have a sign area not larger than 1.5 times the area allowed for a single -use sign on the site, or a maximum of 200 square feet, whichever is less. A multi -use sign may contain a directory or listing of the occupants within a center or multi -use development; provided that the directory portion of the sign shall not exceed 70 square feet or 60 percent of the total sign area whichever is less. If a directory is utilized, the remainder of the sign area shall contain only the identification of the entire center or entire development. If a multi -use sign area exceeds that allowed for a single use, no detached ground or pole sign is allowed for any single use within the center or development, or for any use listed in a directory on such sign. d. When determining requirements for allowable detached ground or pole signs under the above table, first determine the right -of --way width adjacent to the subject lA, then determine the lot frontage. Next, determine the maximum square footage per side, setback from adjacent rights -of --way and the maximum height by reading vertically below the applicable lot frontage. To calculate the height of a sign, measurement shall be made from the top of the curb adjacent of the street upon which a sign faces or from the natural ground level, if above curb level, to the top of the sign. Construction of a berm or earthen mound for the purpose of increasing height of signage is prohibited. For the purpose of calculating the distance from a street right-of-way line where the existing street right -of --way width is less than that required in the thoroughfare plan and subdivision ordinance, such distance shall be measured from the line of such right-of-way as required by such plan or ordinance 11 (adding equal amounts to each side of the existing right -of --way) rather than from the existingright-of--way line. Freeways are as proposed by the thoroughfare plan of the City. e. No such sign shall be erected within 20 feet of the street intersection, unless the bottom of the sign exceeds 42 inches in height above ground level, and the sign is set back from the right -of --way as stated in Table #1. f. If the lot on which a building or buildings are located has multipleright-of--way frontages and is 3 acres or greater, two detached ground or pole signs are permitted one per frontage) based on sign allowances in subsection (c)(1) of this section. If such a building or buildings are located on a lot less than 3 acres, two detached ground or pole signs are permitted with a maximum of 60 square feet per side, per sign and a maximum height of 20 feet. On lots located at the intersection of a major thoroughfare and a freeway, two detached ground or pole signs are permitted, the size to be based on subsection(c)(1) of this section. All detached signs shall have a minimum of 20 feet of separation from the largest permitted sign. g. If two of the allowable detached signs are combined into one detached sign, then the signage may exceed by 50 percent the total allowable signage of the largest permitted sign up to a maximum of 200 square feet per side. h. When electrical service is provided to detached signs, all such electrical service shall be underground. III. Automobile dealership signs a. Number per lot: Primary detached signs. There shall not be more than 1 primary sign for each franchise up to a maximum of 3 primary signs per dealership. Secondary detached signs. Secondary signs shall be permitted only if used for pre -owned automobiles and limited to 1 per dealership. Area, location and height requirements. Primary detached signs. All primary detached signs shall conform to provisions within this section. Secondary detached signs. Secondary signs shall be limited to one-half of the area of the primary detached sign and a maximum of 24 feet in height. Minimum separation. All signs shall be separated by a minimum distance - 13 of 100 feet. b. Banners and pennants. Such signage is allowed on light standards and poles, as long as long as signage does not exceed 20 square feet per pole or sign and is not strung or affixed in any manner other than from brackets on single poles. Y. Development identification signs Project information or identification detached ground signs are permitted at the entrances of major offices or industrial park developments located on more than one lot and bisected by one or more publicly dedicated streets. They shall be allowed under the following size restrictions: Size Maximum size (square feet) Maximum height (feet) Under 10 acres 36 6 10 acres and above 64 8 Signs maybe located at each corner of the intersection of an entrance street. V. Real estate signs. Generally. One real estate sign, not exceeding 32 square feet in sign area and 12 feet in height shall be permitted on tracts of 50 acres or less, and not exceeding 96 square feet in area and 16 feet in height for tracts of land over 50 acres. On tracts of 50 acres or greater with 1,000 feet of frontage adjacent to the public right -of --way, a sign not to exceed 200 square feet per side and 16 feet in height shall be permitted. The sign shall be removed no later than 30 days after the closing of the real estate conveyance. For setback requirements, refer to Section 3.1407 H, Table #1. of this section. Such signs shall not require a permit if they measure 32 square feet or less. Temporary directional signs. Non -premises directional signage shall be prohibited within the City limits. Construction sites. On building construction sites, one sign each shall be permitted for all ' participating building contractors and subcontractors, one each for all participating professional firms, one each for all participating lending institutions and one for each property owner on the construction site, subject to a maximum of 3 signs for each construction site, each such sign to be 32 square feet in sign area or less, and that such signs must be removed prior to the issuance of a certificate of occupancy for said building. VI. Non -premise signs Non -premises real estate signs shall be permitted based on the following criteria: 14 a. One such sign shall be permitted per area between 100 acres and 249 acres b. Two such signs shall be permitted per area between 250 acres and 499 acres c. Three such signs shall be permitted for 500 acres and three additional signs shall be permitted for each 500 acres thereafter d. The allowable signage shall be based on the original size of the zoning area e. Real estate signs shall be allowed in all non -platted zoning districts f. The size of such sign shall be a maximum of 32 square feet and 8 feet in height unless adjacent to I-35 where 96 square feet and 16 feet in height is allowed g. A permit shall expire after two years. Said permit may be renewed upon request by the property owner for another two year period h. A permit fee of $25.00 per sign shall be paid; and i. There shall be a minimum separation between each sign of 500 feet. VII. Temporary promotional banners, posters and pennants Temporary promotional signs, including but limited, banners, posters, and pennants, containing but not limited to, the following verbiage:. "Now Hiring", "Applications Here", "We Finance", "Open 24 Hours", Sale", or "Price Special" shall be permitted, subject to the following guidelines: Such signage shall be considered as part of the overall sign allowance and shall not be limited as to time of display; and the means of attachment shall not be visible from the public right -of --way. a. New business. For a new business, such signage shall not exceed 25 square feet and shall be included as part of the total allowable attached or detached signage. Such signage shall have a permanently affixed location, which is integrated and compatibly designed as a component of the building, canopy, fascia wall or detached sign. A grand opening sign shall be allowed in addition to the allowable signage for a 30 day period upon issuance of the certificate of occupancy. The fee for such signage shall be included as part of the original sign package, and no subsequent fees will apply if included as part of the permanent signage. b. Existing businesses. For businesses that are existing at the time of the effective date of the ordinance from which this chapter derived, such signage shall be permitted at a permanently designated location on the building, canopy or fascia wall 15 and shall not exceed 25 square feet. There shall be a permit obtained for the manner of designated and affixing of temporary banners and a one-time permit fee of $50.00 shall be charged for each such location designation. VIII. Signs in interior of windows For new and/or existing businesses that are food or non-food service establishments, such signage is permitted in the interior of windows without a permit, provided that not more than 25 percent of the transparent area is occupied at one time. Items of information. An item of information is defined as a symbol, a word, a logo, n initial, an abbreviation or a group of numbers. The amount of information that any attached or detached sign can contain shall be based on the following criteria: a. No sign shall display more than ten items of information b. Lettering 3 inches in height or less is not included when determining an item of information c. Letters less than 19 inches high which are carved into the fabric of a building or decorative screening walls or attached securely to the wall are not counted as items of information; provided that they are not specially illuminated and are not constructed of a shiny material, or their color does not contrast sharply with that of the building surface, and they do not exceed 2 inches in thickness. IX. Apartment signs All apartment complex signs located in business zoning districts shall conform to the provisions, as defined in Section 3.1408(e). Section 3.1408 Non -business Zoning Districts within: The following signs are permitted in nori-business zoning districts unless specifically stated a. Nameplates. A nameplate, not exceeding 2 square feet in area, containing only the name of the resident, the title of the person conducting a permitted home occupation, the name of the building and the sign of the agent. b. Institutional signs. An institutional sign, not exceeding 25 square feet per face, and 8 feet in height, erected upon the premises of a church or other public or semi- public institution, for the purpose of displaying the name of the institution, and its activities or services. Such sign shall require a permit and may be illuminated according to the provisions contained within Section 3.1406(c). c. Real estate signs. A real estate sign, non -illuminated, advertising the sale or development of a subdivision containing an area of not less than 7 lots or 1 acre erected upon the property developed and advertised for sale; provided such sign is not in excess of 32 square feet in size and 8 feet in height, and not more than 1 such sign is placed per street frontage. Such signs shall be removed when the property is sold. d. Contractor's signs. A contractor's sign, non -illuminated, advertising the development or improvement of a property by a builder, contractor or other person furnishing service, materials or labor to said premises during the period of construction; provided any such sign is not in excess of 32 square feet in size and 8 feet in height; and such sign shall be removed prior to the issuance of a certificate of occupancy for said property, 96 square feet is the maximum allowed. e. Apartment signs. One identification sign per multi -family development, provided such sign does not exceed 25 square feet in area at the primary entrance; and one sign per secondary entrance is not to exceed 16 square feet. Such sign shall require a permit and may be illuminated according to the provisions contained within section 3.1406. f. Bed and Breakfast. One attached sign shall be permitted on the premises. Such sign shall not exceed 4 square feet in area and shall not include the word "hotel" or "motel". g. Non -premises temporary directional signs. Non -premises real estate directional signs shall be prohibited in the City limits as described in Section 3.1404. h. Development Identification Signs. Project information or identification detached ground signs are permitted at the entrance of residential subdivisions. The maximum size shall be 32 square feet per sign with a maximum height of 6 feet. Signs may be located at each corner of the intersection of an entrance street. Section 3.1409 Downtov�n Commercial District The downtown commercial district is the 200, 300, 400 and 500 block of Bolivar, the 600 block of Elm, the 200 and 300 block of North 4th, the 200 and 300 block of North 3rd and the 300 block of North 5th. All signs within this district shall adhere to the following criteria: a. Signs must be designated and constructed in keeping with the nostalgic character of the downtown district. Signs are subject to review by the Development Services Director and the Director's approval is a prerequisite for the issuance of a sign permit. b. Materials suggested for use for signs are finished hardwoods or softwoods. Materials not allowed include, but are not limited to, plastics, fluorescent materials, paper or florescent paints and LED. c. No sign shall be allowed above the top of the second story windows of a building. d. Hanging signs shall be allowed when such signs have a minimum clearance of 7 feet from the sidewalk and do not extend beyond an awning or canopy projection. e. Projecting signs shall have a minimum clearance from the sidewalk of 8.5 feet and shall not project more than 5 feet from the building or more than 50 percent of the width of the sidewalk adjacent to the building, whichever is less. f. Maximum size shall be based on the following: For every 1 linear foot of building primary or entrance frontage, 1 1/z square feet of sign area shall be allowed Sign boards on secondary side street frontage shall not exceed one half the size of sign boards on the primary or entrance frontage Window signs shall cover no more than 25 percent of the total glass area and this will count as one of the signs permitted Each face of a hanging sign shall be no more than 5 square feet Projecting signs shall be no more than 15 square feet in size with a maximum sign height of 3 feet from the top of the sign to the bottom. g. Two signs are permitted per primary entrance, plus one additional hanging sign, if a canopy is used h. One secondary entrance sign is permitted i. Menu boards, portable signs or display signs are allowed, provided they adhere to the following criteria One such sign shall be permitted per primary entrance Such signs may extend out a maximum of 2 feet from the building, with the maximum distance parallel to the right -of --way being 4 feet A maximum of 8 square feet shall be permitted in the area of the sign or the area of the sidewalk used Section 3.1410 Multiple Building Lot Coordinated wgnage Planned development district Notwithstanding anything contained in the foregoing, if property is developed in the planned development district, all signs on such property may be reviewed and approved as part of the overall development plan. Total signage allowed for all sites in the development may be aggregated and the total allowance redistributed. Sign locations, types and sizes may be varied, however, they must be consistent with site and landscape planning principles and will be part of the review process. Compatibility of design. All signs applied for under the provisions within this section are subject to the approval by the planning staff. The following criteria shall be considered: a. The sign's compatibility with surrounding signage as related to location, height, size, setback, etc. b. The sign's compatibility with aesthetics as related to color scheme, shapes, design, materials, etc. c. The sign's relationship to proposed or existing landscaping Section 3.1411 Non -Conforming Signs; Removal of Signs by City; Exceptions; Variances I. Generally Signs existing at the time of the effective date of the ordinance from which this chapter is derived and in compliance with the then current ordinance and not in compliance herewith shall be regarded as non -conforming sign with the following exceptions. a. Non -conforming signs may continue to exist until structurally altered, removed, or destroyed as an act of god or until the business in which they are advertising is no longer in existence. b. Non -conforming off premises signs must be removed within 30 days of the effective date of this ordinance c. Non -conforming banners and pennants must be removed within 30 days of the effective date of this ordinance d. Non-coforming portable signs must be removed within 6 months of the effective date of this ordinance e. Non -conforming signs that are structurally altered, relocated or replaced shall comply immediately with all provisions of this chapter. f. Non -conforming fence signs must be removed within 30 days g. Any non -conforming sign which has been damaged by fire, wind or other cause in excess of 50 percent of its replacements cost shall be restored in conformance with the provisions of this chapter II. Removal of certain signs All of the following signs shall be considered unlawful. a. Any sign erected without a required permit, either prior to or after the adoption of this ordinance b. Any sign erected in violation of the provisions of this chapter c. Any sign which is dangerous due to being electrically or structurally defective Said signs shall be removed from the property or premises in question, or such other defect as is specified shall be cured, upon written notification by the Development Services Director or his designated representative to the owner of the property on which the sign is located and/or the permittee of the sign. The notification required by this provision shall state that if the sign is not removed or the specified defect is not cured within the prescribed time frame from the date of the notice, a citation may be issued. III. Removal of public nuisance/hazardous signs The Development Services Director or his designated representative shall, without the requirement of notification or impoundment, order the immediate removal and disposal of the following signs. a. Any non -permanent sign erected or existing that constitutes. a traffic hazard b. Any non -permanent sign erected in, on orover apublicright-of--way or easement or designated fire lane, either prior to or after the adoption of this section, except those non -permanent signs in the commercial historical district (Section 3.1409). A person is responsible for the violation if the person is the permit holder, owner, agent or person having the beneficial use of the sign and a citation maybe issued. IV. Recovery of impounded signs Impounded signs maybe recovered by the owner within 15 days after written notification of impoundment by paying a fee as follows: A fee of $5.00 for signs that are 12 square feet or less in area. 20 A fee of V0.00 for signs that are larger than 12 square feet in area. V. Disposal of impounded signs Signs not recovered within 15 days after written notification may be disposed of by the City in any manner it shall elect. VI. Exemptions generally The following signs may be erected and maintained under the exceptions and conditions listed and shall not require a permit, provided all other provisions of this chapter are met: a. Public Signs: Non-commercial signs erected by or at the direction of a public officer in furtherance of the public interest in the performance of his public duty. b. Public, charitable, educational or religious signs. Temporary signs announcing any non-commercial public, charitable, educational or religious event or function may be installed only on private property, with the consent of the property owner, for a period of not more than 21 days prior to the event and shall be removed within 24 hours following the event. The maximum sign area shall be limited to 24 square feet on each sign face. c. Integral signs._ Names of buildings, dates of erection, monumental citations and commemorative tablets that are carved into stone, concrete or similar permanent materials and constructed as an integral part of a structure. d. Nameplates. One nameplate per public entrance per business, not exceeding 3 square feet of sign area per face. e._ Private signs. Signs not visible beyond the boundaries of the lot or series of contiguous lots under the same ownership on which they are located or that are not visible from any public right-of-way. f. Garage sale signs. Garage .sale signs may be installed only on private property with the consent of the properly owner. Said signs shall not be installed earlier than 12:00 p.m. on the immediately proceeding day before the sale and must be removed within 24 hours following the sale. The maximum sign area shall be limited to 4 square feet on each sign face. A garage sale permit is required. g. Menu boards. Eating establishments with drive -through service are permitted 2 menu boards per premises, limited to 36 square feet in area and 6 feet in height. h: Window signs. Window .signs are exempt from the provisions of this chapter, providing not more than 25 percent of the transparent window area is occupied at any one time. i. Gasoline/service station signage. Signs located beneath a canopy that do not advertise the premises are exempt, including, but not limited to, the following information. "Self -Service "Full -Service", "Unleaded Gasoline" and "Regular Gasoline". Governmentally mandated signage and signage contained within the individual pumps are also exempt. In addition 10 square feet of signage is permitted per side under the canopy per set of gasoline product dispensers. Signage located beneath the canopy that is intended to advertise to individuals using the gasoline product dispensers only, and not intended for advertisement to the public right-of- way, is exempt. Letters less than 3 inches in height shall not be counted as art of the sign allowance. j. Government signs. Government signs are allowed, as defined in the defmitions is Section 3.1404, provided that each such sign does not exceed 40 square feet. One advertisement/identification flag or three government flags are permitted with a maximum of 3 such signs per premises. k. Political signs. Such signs that satisfy the requirements of V.T.C.A. ,Local Government Code 216.903(d). 1. Real estate signs. Such signs shall benon-illuminated, shall not exceed 6 square feet in area per face, and shall pertain to the sale or lease of the premises. m. Agricultural signs. One sign, advertising agricultural uses, not exceeding 32 square feet in area and 8 feet in height, shall be allowed per owner. On large tracts that exceed 0.25 mile of pubic right-of-way frontage, said owner may have one sign per 0.25 mile or portion thereof. Agricultural signs may be placed on the fence. n. Vehicular signs. Vehicular signs are allowed for the purpose of identifying a vehicle UOUd for aparticular business (i.e. delivery service, professional and business, construction trailers, etc.) but not when the primary use of the vehicle is that of a sign. Vehicle must be licensed, insured and inspected (street legal). o. Protective signs. The occupant of any premises may erect two protective signs in accordance with the following provisions. Each sign must not exceed 2 square feet in area. Detached signs must not exceed 2 feet in height. Letters must not .exceed four inches in height. p. Movement -control signs. Movement -control signs may be erected at any occupancy or any premises, other than asingle-family or duplex premises, maybe attached or detached and may be erected without limit as to number; provided that such signs shall comply with all other applicable requirements of this chapter. The 22 occupant of any premises who erects a movement -control sign shall comply with the following requirements. Each sign must not exceed 4 square feet in area and a maximum of 6 feet in height. If a sign is an attached sign, the letters must not exceed 6 inches in height. Each sign must convey a message which directs vehicular or pedestrian movement within or onto the premises on which the sign is located. Not more than 50 percent of such sign may be used for advertising or identification. Section 3.1412 Meritorious Exceptions In the development of these criteria, a primary objective has been ensuring against the kind of signage that has led to low visual quality. On the other hand, an equally primary objective has been guarding against signage over control. It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly non -conforming to this chapter, and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution to the visual environment. Such proposals will be seriously and fairly considered by the City Council. Section 3.1413 Variances The City Council may hear appeals from the denial of a permit. Criteria for granting such a variance is as stated in the State statute, V.T.C.A., Local Government code 211.008 et seq., as it may be amended. 23 CITY UY NANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑Executive U Public Hearing Reviewed by Legal F1 Yes MNot Applicable Lj Yes Lj Not Applicable Council Meeting Date: Submitted By: February 17, 2009 Rose Chavez City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ®ORDINANCE # 02-02-09 ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Consider and Approve to Adopt Ordinance #02-02-09 Ordering an Election of the Qualified Voters of the City of Sanger, on the 91h of May 2009, for the Purposee of Electing three ri1a� �� nnil Me hair for eoiA rite; Providing Said Ele^tinn Shall be field Joint' r VV V14, �.11 Vl VVl Vl ti1N 1111 Lil , ♦ "A"8 AJ �. with the Sanger Independent School District; Designating Election Precincts; Appointing Election Officials; Providing for Notice of Said Election; Providing for the Use.of Direct Recording Electronic Voting Equipment; Providing for Early Voting, FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General $ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Liz Springer has agreed to serve as the Presiding Judge, and Evelyn Shaw has agreed to serve as an Alternate Judge for this election. The Presiding Judge will be authorized to hire the necessary clerks to assist with this Election. The City of Sanger and Sanger Independent School District will share the expenses for this Election. STAFF OPTIONS & RECOMMENDATION Recommends approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: ORDINANCE 02-02-09 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ORDERING AN ELECTION OF THE QUAILFIED VOTERS OF THE CITY OF SANGER, TEXAS, ON THE 9Tx DAY OF MAY, 2009, FOR THE PURPOSE OF ELECTING THREE COUNCIL MEMBERS FOR SAID CITY; PROVIDING THAT SAID ELECTION SHALL BE HELD JOINTLY WITH THE SANGER INDEPENDENT SCHOOL DISTRICT; DESIGNATING ELECTION PRECINCTS; APPOINTING ELECTION OFFICIALS; PROVIDING FOR NOTICE OF SAID ELECTION; PROVIDING FOR THE USE OF DIRECT RECORDING ELECTRONIC VOTING EQUIPMENT; PROVIDING FOR EARLY VOTING; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to conduct an election on May 9, 2009. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, Section 1. That a general municipal election is hereby ordered to be held on the 9t�' day of May, 2009, for the purpose of electing a Mayor and two City Council members for a two-year term. Section 2. Should any candidate in the municipal election fail to receive a majority vote, then in that event it shall be the duty of the Mayor to order a runoff election as required by the Texas Election Code. Section 3. That the election be held jointly with the City of Sanger general municipal election and the Sanger Independent School District May 9, 2009 pursuant to Section 271, Texas Election Code. The costs of said election are to be shared by the two governmental entities and the City Secretary is authorized to arrange the City's share of said costs on a fair and equitable basis. Section 4. The City Secretary is expressly authorized to obtain election supplies and equipment required by law and necessary to conduct said election. Section 5. The office of the City Secretary shall perform all duties normally required in the general elections by giving notice of the election and preparing the official ballots. Section 6. The election precinct and voting places of said election shall be as follows: Polling Location .Voting Precincts Sanger Community Center 105 & 128 Section 7. Early voting shall be conducted in accordance with the Texas Election Code, Section 83.005. The Early Voting Clerk for said Election shall be the City Secretary, Rosalie Chavez. In accordance with the Texas Election Code Section 83.032, the Deputy Early Voting Clerk shall be designated staff members and/or persons employed by the Early Voting Clerk. Early Voting by personal appearance shall be held at 101 Freese as follows: Monday, April 27, and ending Tuesday, May 5, 2009. Early Voting by personal appearance shall be conducted between the hours of 8:00 a.m. to 5:00 p.m. Additional early voting will be held at the same location on May 4, 2009 and May 5, 2009 from 7:00 a.m. to 7:00 p.m. Section 8. The City Secretary (Early Voting Clerk) shall be responsible for the Early Voting by mail applications and ballots. Applications for early voting by mail may be delivered to Rosalie Chavez, City Secretary, City of Sanger, P.O. Box 1729, Sanger, Texas, no later than March 10, 2009 and no later than the close of business April 1, 2009. Section 9. Early Voting, both by personal appearance and by mail, shall be canvassed by the Early Voting Board which is hereby created. Liz Springer, is duly appointed as Presiding Judge of said Board, and she shall appoint such other members as provided in the Texas Election Code. Section 10. All residents, qualified voters of the City of Sanger shall be permitted to vote in said election. In addition, the election materials as outlined in Section 272.005, Texas Election Code, shall be printed in both English and Spanish for use at the polling places and for early voting for said election. Section 11. The Mayor is authorized to sign an Order of Election and Notice of Election prescribed by the State of Texas and attached hereto. The Notice of Election shall be published in accordance with the provisions of the Texas Election Code and the City Charter. Section 12. Should any part, section, subsection, paragraph, sentence, clause, or phrase contained in this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid. Section 13. That this ordinance shall be effective immediately upon adoption. DULY APPROVED AND PASSED by the City Council of the City of Sanger the day of February 2009. Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: City Attorney ORDINANCE 02-02-09 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ORDERING AN ELECTION OF THE QUAILFIED VOTOERS OF THE CITY OF SANGER, TEXAS, ON THE 9Tx DAY OF MAY, 2009, FOR THE PURPOSE OF ELECTING THREE COUNCIL MEMBERS FOR SAID CITY; PROVIDING THAT SAID ELECTION SHALL BE HELD JOINTLY WITH THE SANGER INDEPENDENT SCHOOL DISTRICT; DESIGNATING ELECTION PRECENTS; APPOINTING ELECTION OFFICIALS; PROVIDING FOR NOTICE OF SAID ELECTION; PROVIDING FOR THE USE OF DIRECT RECORDING ELECTRONIC VOTING EQUIPMENT; PROVIDING FOR EARLY VOTING; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. uAgeh zTEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes H Not Applicable ❑ Yes Not Applicable Council Meeting Date: February 17, 2009 Submitted By: Mike Brice City Manager Reviewed/Approval Initials f s _ � Date � ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider and Approval of Action by the 4A Board to Purchase Property at 103 Bolivar Street for Economic Development Purposes and Make Improvements to Elm Street for Access to the Property. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM To be discussed during the Work Session. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: .u�geh zTEXAS COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes X Not Applicable ❑ Yes Not Applicable Council Meeting Date: February 17, 2009 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date 0 ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider and Approve an Agreement with Caliber Construction, Inc. for the Design Build of a Warehouse Building for the Electric Department and a Warehouse Building for the Water/Wastewater Department. Authorize City Manager and Engineer to Approve Change Orders not to Exceed $309000.00. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ®CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM A Request for Qualifications (RFQ) was advertised, staff received five responses out of those responses Caliber Construction, Inc. was selected. Caliber Construction showed through previous experience to be the most qualified. Two warehouse buildings will be constructed the first being 50'xI00' serving the Water/Wastewater Department, the second being 30'x100' this will serve the Electric Department. The 30'xI00' warehouse will also have offices for the Electric Superintendant and his secretary. STAFF OPTIONS & RECOMMENDATION Staff recommends award of the two contracts for the base amounts of $155,796.00 for the 50'xl 00'warehouse and $110,429.00 for the 30'xl00' warehouse. List of Supporting Documents/Exhibits Attached: Contracts Prior Action/Review by Council, Boards, Commissions or Other Agencies: TM AIA Document A101 �1997 ®,®.® Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of February in the year of Two Thousand Nine ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Nance, address and other information) have revised the text of the original AIA standard form. An Additions and City of Sanger Deletions Reportthat notes added 201 Bolivar Street information as well as revisions to Sanger, Texas 76266 the standard form text is available from the author and should be reviewed. A vertical line in the left and the Contractor: margin of this document indicates (Nance, address and other information) where the author has added necessary information and where Caliber Construction, Inc. the author has added to or deleted 504 Chambers Street from the original AIA text. Denton, Texas 76205 This document has important legal consequences. Consultation with an attorney is encouraged with respect The Project is: to its completion or modification. (Name and location) AIA Document A201-1997, General Conditions of the Contract for City of Sanger Construction, is adopted in this Electrical Warehouse document by reference. Do not use Railroad Road with other general conditions unless Sanger, Texas this document is modified. The Architect is: This document has been approved (Name, address and other information) and endorsed by The Associated General Contractors of America. m The Owner and Contractor agree as follows. Irtit. AIA Document A101TM —1997. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 16:48:31 on 02/06/2009 under Order No.1000352496_1 which expires on 4/15/2009, and is not for resale. User Notes: (2724379730) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Commencement shall begin one week after the execution of the construction contract. If, prior to the commencement of the Work, the Owner requires rime to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: n/a § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than n/a days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date nnay be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) n/a ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Ten Thousand Four Hundred Twenty -Nine Dollars and Zero Cents ($ 110,429.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Init AIA Document A101TM —1997. Copyright ©1915,1918, 1925, 1937, 1951; 19563 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized .2 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 16:48:31 on 02/06/2009 under Order No.1000352496_1 which expires on 4/15/2009, and is not for resale. User Notes: (2724379730) The owner has the option of using any of the Alternates listed below. If any of the Alternates are accepted by the owner, the contract price as listed in section 4.1 will be increased by the amount indicated for each alternate chosen. Alternate #1— Supply and Install Brick on East Side of Building $4,150.00 § 4.3 Unit prices, if any, are as follows: Description n/a Units Price ($ 0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Owner by the Contractor and Certificates for Payment issued by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month § 5.1.3 Provided that an approved Application for Payment is received by the Owner not later than Friday of one week, the Owner shall make payment to the Contractor not later than Friday of the following week. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Owner receives the Application for Payment. Owner shall have five (5) business days after being presented with a draw request to object to the form or content of the request. T there is no objection, the draw is approved as presented. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document AZ111-1997. nit. AIA Document A101 TN —1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 16:48:31 on 02/06/2009 under Order No.1000352496_1 which expires on 4/15/2009, and is not for resale. User Notes: (2724379730) 3 § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner and Contractor shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA DocumentA2014997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) 2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A2014997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) n/a § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has substantially performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Contractor. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Contractor's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. 6.3 Contractor may terminate or suspend work if owner does not make timely payment. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) AIA Document A101Tm —1997. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:48:31 on 02/06/2009 under Order No.1000352496_1 which expires on 4/15/2009, and is not for resale. User Notes: (2724379730) Zero percent ( 0.00% ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) Robert Woods 201 Bolivar Street Sanger, Texas 76266 § 7.4 The Contractor's representative is: (Name, address and other information) Scott Richter 504 Chambers Street Denton, Texas 76205 § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: All references to American Arbitration Association (AA.A) in any contract documents are disregarded. Exclusive venue for any claim under this contract is in the Denton County Courts. References in contract documents to "quote" shall not be applicable except for the plans and specifications. The Owner shall operate in the contract in the position of Architect for supervision purposes. Provisions in the contract documents regarding Architect's rights and powers to evaluate and approve the scope of work, quality and dispute resolution shall be disregarded. Owner waives governmental immunity from suit or judgment based on this contract but reserves all rights at law to defend any claim and does not waive immunity on any tort claim. The price and times may be modified by change order. All change orders shall be in writing and signed by an authorized representative of owner and contractor. ARTICLE 8 ENUMERATION OF CQNTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, Al Document AZ01-1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows AIA Document A101TM —1997. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 16:48:31 on 02/06/2009 under Order No.1000352496_1 which expires on 4/15/2009, and is not for resale. User Notes: (2724379730) Document Title Pages n/a § 8.1.4 The Specifications are those contained m the Contractor's Proposal. (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: n/a (Table deleted) § 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: n/a (Table deleted) § 8.1.6 The Addenda, if any, are as follows: Number n/a Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample Forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Contractor's proposal dated January 26, 2009 with attached building specifications. This Agreement entered into as of the day and year first written above. OWNER (Signature) Joe Higgs, Mayor City of Sanger (Printed name and title) Init. AIA Document A101TM —1997. Copyright Institute of Architects. All rights reserved. reproduction or distribution of this AIA® / maximum extent possible under the law. expires on 4/15/2009, and is not for resale. User Notes: Scott Richter, Vice President (Printed name and title) ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized s Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the This document was produced by AIA software at 16:48:31 on 02/06/2009 under Order No.1000352496_i which (2724379730) TM Do c nt 1 1 ®1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of February in the year of Two Thousand Nine ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Name, address and other information) have revised the text of the original AIA standard form. An Additions and City of Sanger Deletions Report that notes added 201 Bolivar Street information as well as revisions to Sanger, Texas 76266 the standard form text is available from the author and should be reviewed. A vertical line in the left and the Contractor: margin of this document indicates (Name, address and other information) where the author has added necessary information and where Caliber Construction, Inc. the author has added to or deleted 504 Chambers Street from the original AIA text. Denton, Texas 76205 This document has important legal consequences. Consultation with an attorney is encouraged with respect The Project is: to its completion or modification. (Name and location) AIA Document A201-1997, General Conditions of the Contract for City of Sanger Construction, is adopted in this Water & Sewer Warehouse document by reference. Do not use Railroad Road with other general conditions unless Sanger, Texas this document is modified. The Architect is: This document has been approved (Name, address and other information) and endorsed by The Associated General Contractors of America. n/a The Owner and Contractor agree as follows. AIA Document A101TTM —1997. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1967, 1991 and 1997 by The American Ir11t. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 16:37:30 on 02/06/2009 under Order No.1000352496_1 which expires on 4/15/2009, and is not for resale. User Notes: (1059471490) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the "Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Commencement shall begin one week after the execution of the construction contract. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than n/a days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Fifty -Five Thousand Seven Hundred Ninety -Six Dollars and Zero Cents ($ 155,796.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) MA Document A101Tm —1997. Copyright 0191511918, 1925, 1937, 1951, 1958, 19613 1963, 1967, 19749 1977, 1987, 1991 and 1997 by The American Irllt Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 16:37:30 on 02/06/2009 under Order No.1000352496_1 which expires on 4/15/2009, and is not for resale. User Notes: (1059471490) The owner has the option of using any of the Alternates listed below. If any of the Alternates are accepted by the owner, the contract price as listed in section 4.1 will be increased by the amount indicated for each alternate chosen. Alternate #1— Supply and Install Brick on East Side of Building $6,150.00 § 4.3 Unit prices, if any, are as follows: Description n/a Units Price ($ 0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Owner by the Contractor and Certificates for Payment issued by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month § 5.1.3 Provided that an approved Application for Payment is received by the Owner not later than Friday of one week, the Owner shall make payment to the Contractor not later than Friday of the following week. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Owner receives the Application for Payment. Owner shall have five (5) business days after being presented with a draw request to object to the form or content of the request. If there is no objection, the draw is approved as presented. § 5.1.An L Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. AIA Document A101 TM —1997, Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 19671 1974, 1977, 1987, 1991 and 1997 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 3 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 16:37:30 on 02/06/2009 under Order No.1000352496_1 which expires on 4/15/2009, and is not for resale. User Notes: (1059471490) § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner and Contractor shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if fmal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-19970 § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) n/a § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § oats Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has substantially performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Contractor. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Contractor's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2014997. § 6.2 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A2014997. 6.3 Contractor may terminate or suspend work if owner does not make timely payment. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) AIA Document A101TM-1997. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American init Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 16:37:30 on 02/06/2009 under Order No.1000352496_1 which expires on 4/15/2009, and is not for resale. User Notes: (1059471490) Zero percent ( 0.00% ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative (Name, address and other information) Robert Woods 201 Bolivar Street Sanger, Texas 76266 § 7.4 The Contractor's representative is: (Name, address and other information) Scott Richter 504 Chambers Street Denton, Texas 76205 § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: All references to American Arbitration Association (AAA) in any contract documents are disregarded. Exclusive venue for any claim under this contract is in the Denton County Courts. References in contract documents to "quote" shall not be applicable except for the plans and specifications. The Owner shall operate in the contract in the poson of Architect for supervision purposes. Provisions in the contract documents regarding Architect's rights and powers to evaluate and approve the scope of work, quality and dispute resolution shall be disregarded. Owner waives governmental immunity from suit or judgment based on this contract but reserves all rights at law to defend any claim and does not waive immunity on any tort claim. The price and times may be modified by change order. All change orders shall be in writing and signed by an authorized representative of owner and contractor. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, Al Document A201-1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows Init. AIA Document A101TM —1997. Copyright Institute of Architects. All rights reserved. reproduction or distribution of this AIA® / maximum extent possible under the law. expires on 4/15/2009, and is not for resale. User Notes: ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the This document was produced by AIA software at 16:37:30 on 02/06/2009 under Order No.1000352496_i which (1059471490) Document n/a Title Pages § 8.1.4 The Specifications are those contained in the Contractor's Proposal. (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: n/a (Table deleted) § 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: n/a (Table deleted) § 8.1.6 The Addenda, if any, are as follows: Number n/a Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample Forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Contractor's proposal dated January 26, 2009 with attached building specifications. This Agreement entered into as of the day and year first written above. OWNER (Signature) Joe Higgs, Mayor City of Sanger (Printed name and title) Init. AIA Document A101TM —1997. Copyright Institute of Architects. All rights reserved. reproduction or distribution of this AIA® / maximum extent possible under the law, expires on 4/15/2009, and is not for resale. User Notes: CONTRACTOR (Signature) Scott Richter, Vice President (Printed name and title) Document © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 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O H� w CO I L�' C] is00000000 00 co OOHOI CD0Cn0000 0 0 . 0 . 4 0 . 6 0 0 4 . I z 0 N 0 O C) oCD to oCD z H I I C7 H CD t7JHw C1�Ci oz G�z(7)m Licnm ftl Hr1HC1 C 1 7J H7JH uzi O co cn �o cz G) H N Q0 J (n O O O 0 0 00 00 O O O O N 6l CSt U CSn ` 00 N O F O o� O N o o cn o� off 00 0 0 O O �tr�b Cn N cn N O HO CC CJ 7J C7 t1 Hz H H CJ Oz C1 H I td I � W IrC • 1: ' • ' 1 .e. JANUARY 2009 Submitted by Victoria Elieson HIGHLIGHTS: A new computer gaming season kicked off on the second weekend of January. An attempt was made to have a program for adults, one for families and one for teens. The teen program was the only one that had people come. Equipment (three Wiis) for the tournament was checked out from the North Texas Regional Library System. ADNIlNISTRATION: Conducted an inventory of capital property for the city. Meetings attended: Denton County Library Advisory Board, 1/15, Krum North Texas Library Consortium, 1/15, Fort Worth Friends of the Library, 1/20 North Texas Regional Library System Meeting, 1/22, Colleyville CIRCULATION: Deleted records of patrons whose cards expired in 2008. Took a fresh set of books to the Senior Center. COLLECTION: Continued the re-barcoding project. This month paperback fiction and the Spanish collection were completed. The project is about 90% completed. PROGRAMS: Book Clubs for teens and adults met Valentine cards was attended by ten people. held. A Scrapbooking workshop featuring Two Crochet and Knitting workshops were The Storytime theme was "Weather". For the "Snow" program children experimenteA with rain, hail and snow to see how each fell differently. The water and ice were real but the snowflakes were paper. At the "Hot, Hot, Hot" program, kids sand painted a sun shape. During the "Rain" program, a thunder clap game with a flashlight was very popular. Because of ice and cold weather, no one came to the program on "Wind", so that program was postponed until February. BORROWER CARDS Last Month New Cards Cards withdrawn Cards reactivated TOTAL CIRCULATION Nonfiction Fiction Junior Fiction Children's Books Leased Books Interlibrary Loan Spanish Materials Audio Books Music CDs Video Materials Equipment TOTAL CIRCULATION INTERNET USERS PROGRAMS Children's Programs Children Attending Adults Attending Other Programs Number Attending VOLUNTEERS Number of Adults Number of Juniors Number of Hours COLLECTION Books Leased Books Paperback Fiction Audio Books Music CDs CD-ROM Videocassettes DVD Microfilm Equipment TOTAL COLLECTION REVENUE Fines Copies ILL Postage New Cards Lost Materials Miscelaneous TOTAL JANUARY 2009 STATISTICS 2008 4096 45 715 20 3446 320 672 111 463 232 26 10 137 17 639 1 2628 10 98 48 5 24 15593 181 2439 574 388 199 876 421 75 4 20750 $131.30 $68.60 $32.44 $2.50 $53.90 $0.25 $2 38099 2009 312 878 139 487 179 25 5 93 73 593 12 2796 r� 4 50 24 7 46 15149 179 2525 604 392 200 900 514 77 4 20544 $200.68 $84.55 $26.66 $1.00 $312.89 Gaming Tournaments at the Sanger Public Library The Gaming season at the Sanger Public Library will begin on the sec- ond weekend of January. Last summer they had so much fun that they knew they had to do it again, with improvements! SPL now have a Wii for this event, so they will run Super Mario Smash Brothers Brawl and will also have a Mario Kart tournament. Guitar Hero will make its appearance, but it may be as a demonstration not as a competition. The weekend will begin with gaming for adults on Friday night, starting; at 7:00. On Saturday families can play starting at 10:00 a.m. and ending at 1:30 p.m. Then the teen competition will begin at 2:00 p.m. The Gaming season will continue with another tournament on the sec- ond weekend of February and end with a grand tournament during the second weekend of March. Prizes will be offered only at the March tournament, but there will be pizza at each event. The Library is located at the corner of Bolivar and Fifth Streets in Sanger. For additional information call 45&3257 or email library@sangertexas.org. ® loss of health insurance coverage and increased reliance on public health facilities, a greater need for local economic development efforts, and ® increased use of public parks and recreation facilities as families cut back on entertainment and travel expenditures. Even as the demand for municipal services grows, municipal revenue in many parts of Texas is threatened by a slowdown in the housing market and diminishing sales tax receipts. To this mix of pressures on municipal governments can be added the extraordinary plight of the cities still devastated by Hurricane Ike and damaged even more by a slow and inadequate federal response. As the recession deepens and unemployment lines lengthen throughout the country, the competition to attract and retain job -creating businesses will become fierce. Texas city officials will be on the front lines in this battle to generate jobs for Texans. If the Texas Legislature further limits the ability of cities to pay for vital services or burdens local taxpayers with unfunded mandates, our state will not be able to compete successfully for new jobs. Having enough revenue to grant tax incentives for new or expanding businesses is just part of the equation. Cities also must have the revenue to finance the necessary infrastructure improvements, such as new roads and extensions of water and sewer lines. Companies will not move to cities that cannot provide adequate fire protection or where workers and their families won't feel safe in their homes or %J the streets of their neighborhoods. And what business wants to locate in a city that can't afford to..keep its libraries and playgrounds open, or that can't afford to maintain its streets, mow its rights -of --way or pick up trash along the roads or in its parks? To win the competition for new jobs, Texas must offer current and potential employers safe, attractive, livable cities. Legislatively imposed restrictions on local revenue will handcuff our state in the intense competition for new jobs and accelerate and prolong a downward economic spiral. Now more than ever, Texas cities and the State of Texas must work together to ensure that our citizens continue to have the services, facilities, and job -creation environment that our people so desperately need. Investing in Infrastructure Texas has long failed to make adequate investments in public infrastructure to keep pace with our rapidly growing population. In the latest assessment by the American Society of Civil Engineers, Texas earned dismal grades for the condition of its public infrastructure. ® 40 percent of the state's major urban roads are congested. ® 29 percent of major roads are in poor or mediocre condition. ® Driving on roads in need of repair costs Texas motorists $3.8 billion a year in extra vehicle repairs and operating costs—$294 per motorist. Bridges: C- ® 21 per of the state's bridges are structurally deficient or functionally obsolete. ® The state's drinking water infrastructure need is $13 billion over the next 20 years. ® Texas has $9.15 billion in wastewater infrastructure needs. Flood Control: D- Transit: C When cities are forced to make budget cuts, the first casualties are usually infrastructure improvements and maintenance, which are deferred in order to maintain such vital services as public safety. Furthermore, unlike local governments in most c states, municipal governments in Texas not only finance local road construction and maintenance, but also pay a significant part of the cost for new state highways. If the legislature acts to further restrict revenue sources for local governments or forces local taxpayers to pay for additional state mandates, our state's infrastructure will continue to crumble and become an impediment to economic growth. Cities will cancel or defer infrastructure spending and will almost certainly stop making "local participation" donations to state highway projects. Last fall, cities throughout the state confronted the stark realities of increasing needs and limited revenue as they adopted budgets for the coming year. However, each city has a unique story to tell because of differences in size, location, demographics, mix of businesses, and combination of revenue sources. Because each city is unique, the most important legislative goal of city elected leaders is maintaining local control and flexibility to meet the needs of their citizens, deal with a changing economy, and respond to emergencies. Thus, the following legislative priorities focus on maintaining the ability of locally elected officials to carry out their responsibilities to their communities. • Maintain the current constitutional provision limiting increases in appraised values. • Maintain existing local control over tax rates. • Protect local taxpayers from bearing the burden of paying for state mandates. • Protect local taxpayers from paying the costs of collecting revenues for the state. , • Maintain local control over public property such as rights -of -way, and ensure that communities continue to be compensated for private use of public property. • Maintain the current ability of cities to acquire property for uses that benefit their citizens. • Maintain the ability of local officials to protect the interests of property owners, neighborhoods, and the public in decisions regarding the permitted uses of property. 0 Protect local taxpayers from paying additional compensation to individuals and businesses for decisions made in the public interest. ® Maintain current laws that protect local taxpayers from the costs of unwarranted lawsuits against cities. The T1VIL Board determined that the League's most important legislative goals will be the following items in priority order: 1. Defeat any legislation that would erode municipal authority in any way or that would otherwise be detrimental to cities, especially legislation that would: a. enact a mandated reduction in the appraisal growth cap established in current law, b. impose a revenue cap of any type. c. create an unfunded mandate. d. require cities to act as collection agents for state revenue. e. erode municipal authority over rights -of --way or erode municipal authority to collect compensation for the use of rights -of --way. f. limit or prohibit the authority of city officials to use municipal funds to communicate with legislators. g. limit or prohibit the authority of the Texas Municipal League to use any revenue, however derived, to communicate with le45islators. h. erode the authority of cities to condemn property for a public purpose. i, restrict cities' ability to adopt or amend zoning regulationq . j. establish a standard or process for determining economic loss and related compensation resulting from a regulatory action. k. substantively change or expand the scope of the current disease presumption law or the current meet -and -confer law. 1. erode municipal sovereign immunity. 5 2. Passage of any legislation that would: a. exempt as many cities as possible from any federal collective bargaining legislation that may become law in the future. b. extend the authority of property -taxing entities to engage in property tax abatements. c. enact seven beneficial changes to Section 255.003 of the Texas Election Code (the statute prohibiting the use of public funds for political advertising), d. convert the sales tax reallocation process from a ministerial process into a more formalized administrative process that would, at a minimum, require prior notice to all affected parties and impose a time limit of three years on the right of a claimant to request a refund, e. clarify that only value lost to a senior/disabled tax freeze should be excluded from effective property tax rate calculations, f. amend the Government Code regarding notification and advertisement to allow small cities the option to make use of current technologies to efficiently notify and advertise, g. amend the Utilities Code to permit cities to annually adjust the franchise charge amount collected pursuant to Section 33.008(b) of the Utilities Code (relating to electric franchise fees) by an amount equal to one-half of the annual change, if any, in the consumer price index. h. permit alocal-option municipal court fee on convictions. in municipal court to be used to offset fuel costs. (Note: Any city official can obtain a copy of the complete TML legislative program by calling the League office at (512) 231-7400.) 1. Ensure funding for vital community services by vigorously opposing efforts to erode revenue needed to: ® Keep ces safe from crime; ® Respond to emergencies; ® Enhance economic growth and job creation; ® Provide recreational facilities and parks; and ® Protect the natural environment. 2. Protect and enhance essential infrastructure by opposing efforts to diminish municipal revenue and by supporting initiatives that will meet the needs of our cities for: ® Streets, roads, and bridges; ® Clean water; ® Safe and effective wastewater treatment; ® Stormwater management; ® Sustainable solid waste collection and disposal; and ® Public transit. 3. Ensure that local decisions are made locally by supporting reasonable enhancements to regulatory authority and by opposing attempts to cripple the ability of cities to: ® Obtain land for essential public purposes; ® Protect property values by imposing reasonable development standards; ® Enact zoning ordinances; and ® Respond to citizen demands for orderly and sustainable development. 7 i The Senate Transportation and Homeland Security Committee, which considered sixteen interim charges, recently released its interim report. Many of the recommendations are relevant to cities solely because of city officials' interest in state -level transportation issues. Other recommendations, especially those dealing with disaster response, immigration, and billboards, are directed specifically at cities. The report's city -related recommendations are as follows: Disaster Planning and First Response Efforts ® The legislature should adopt measures to improve compliance with evacuation orders, including penalties for knowingly failing to evacuate an area under an evacuation order. ® The legislature should adopt measures to standardize procedures and strengthen the ability to enforce laws regarding reentry into a disaster area. ® The Governor's Division of Emergency Management (GDEM) should continue to refine its evacuation timing and pacing. Disaster Preparedness ® To help defray local government expenditures made at the request of the State of Texas in the course of disaster response, the legislature should appropriate sufficient funds to the Disaster Contingency Fund. ® The legislature should clarify or repeal Section 418.005, Government Code, regarding emergency management training required of appointed public officers. Evacuation Shelters ® The Legislature should direct GDEM, working with public and private sector stakeholders, to establish statewide minimum standards for short and long term shelter operations, including guidance regarding amenities such as cots. Hardening Infrastructure ® The Legislature should require backup or alternative power supplies or energy sources capable of operating effectively for at least 90 days post -disaster at infrastructure such as water treatment and distribution facilities. billboard Regulation ® The billboard industry should be able to utilize its existing assets to the fullest of its capabilities, by allowing the height of sign structures to be raised in the case of newly -erected sound walls or highway flyovers. c ® The committee recommends both reducing diversions and indexing the motor fuels tax as a means to address funding shortfalls. ® The committee recommends indexing the motor fuels tax to the producer price index as a way of keeping even with inflation. This index should be capped at an annual percentage as deemed appropriate by the legislature. ® The committee recommends that on a local level, legislators remain open to considering various ideas that are presented by metropolitan planning organizations and regional mobility authorities to fund necessary improvements to local transit. Irnnaigrafion ® Local police agencies must balance any decision to enforce federal immigration laws with their daily mission of protecting and serving diverse communities, while taking into account limited resources, the complexity of immigration laws, the limitations on authority to enforce, the risk of immigration enforcement activities, and the clear need to foster the trust and cooperation from the public including members of the immigrant community. Any initiative to involve local police agencies in the enforcement of immigration laws should be a local decision. Other recommendations cover items such as: (I) certain provisions in comprehensive development agreements for toll projects; (2) the status of current and planned toll road projects in Texas; (3) the effectiveness of the Trans -Texas Corridor and its future role in providing additional roads in Texas; (4) emergency radio interoperability; and (5) bridge maintenance. The full text of the report is available online at: http://www, senate. state.tx. us/75r/senate/commit/c640/c640,InterimRet)ort80. pdf. G] A federal district court recently denied a request by Texas Midstream as Services (TMGS) to stop the City of Grand Prairie from enforcing the city's unified development code against a TMGS compressor station. The city code requires a specific use permit, and various other permits, for the construction of a compressor station in certain zoning districts. The code also establishes conditions for the issuance of the permits, including minimum setbacks, roof pitch, building material requirements, architectural design compatible with surrounding development, noise limitations, and a "security fence" of at least eight feet in height to enclose the area. TMGS sued the city, claiming that the federal Pipeline Safety Act (PSA) and state law preempt the city's requirements. The PSA prescribes safety standards not only for pipelines but also for related structures, including compressor stations. (State law has similar provisions, but the court did not analyze those.) The court concluded that, with the exception of the "security fence" requirement, the city code does not address compressor station "safety." Rather, it relates to general aesthetics and community enhancement and was designed to protect property values. ' The PSA contains specific provisions relating to fencing, which preempt the city's code with respect to those requirements. In short, the court concluded that "with respect to compressor stations, the expressly preempted domain of safety is not coextensive with the domain of design and construction." The opinion does not go so far as to confer on a city the authority to regulate the route or location of gas transmission facilities, including pipelines. But, "[w]hile entities with eminent domain power [such as TMGS] have the right to select the location for their intended public use —even if such use is not permitted in the zoning district they may still be subjected to other applicable zoning regulations." In other words, a city code may not "zone out" compressor stations from the district in which an operator's land is located. A group of cities will likely seek to repeal the state law that prohibits a city from regulating the route of gas transmission pipelines in the upcoming legislative session, and the League will support those efforts. However, it appears that federal law may still limit city authority in the area. 10 Y M130 4 (Orr) — Eminent Domain: would make various changes to eminent domain laws. Specifically, the bill would: 1. require a record vote with specific wording to take each parcel of land through the use of eminent domain; 2. require that any entity, including a private entity, authorized to exercise the power of eminent domain must submit to the state comptroller, by December 3151 2010, a letter stating that the entity is authorized to exercise the power of eminent domain and identifying the provision or provisions of law that grant the entity that authority, and would provide that the entity's authority to use eminent domain will expire if the letter is not sent by the deadline; 3. provide that any entity with eminent domain authority that wants to acquire real property for a public use shall, at the time an offer to purchase or lease the property is made, disclose to the property owner any and all appraisal reports produced or acquired by the entity that relate to the owner's property and were used in determining the final valuation offer; 4. provide that a property owner shall disclose to the entity seeking to acquire the property any and all current appraisal reports produced or acquired by the property owner relating specifically to the owner's property and used in determining the owner's opinion of value; 5. mandate that the initial offer to purchase made by an entity must also include: (a) a copy of provisions of law relating to various disclosures of value; (b) a written estimate of the fair market value of the property and the amount of damages to the property owner's remaining property, if any, that will result from the acquisition; and (c) a statement that the property owner has a right to make a written request to the entity for certain valuation evidence regarding the property and adjacent properties; 6. provide for deadlines and procedures under which an entity must provide the information requested by a property owner under (5)(c), above; 71 mandate that an entity that wants to acquire real property for a public use shall provide to a property owner at least two written offers proposing a purchase or lease of the property, as the entity determines in good faith is appropriate, and that the last offer the entity intends to make shall be in writing and be designated on its face as such; 8. provide that after a property owner receives an offer from an entity proposing to acquire the owner's property for a public use, the property owner may request that the entity procure an appraisal report about the property by an independent and certified appraiser chosen by the property owner; 9. require an entity to negotiate in good faith to acquire the property through a voluntary purchase or lease agreement, with good faith being defined as compliance with the bill's requirements; 10. provide that a condemnation petition must state with specificity the public purpose for which the entity intends to use the property; 11 I provide that the judge of a courtble which condemnation of the th�ee spe ial n is filed shall provide each party a reaso period to strike one commissioners appointed by the judge, with the court appointing a replacement; 12, require an entity to disclose in writing to the property owner, at the time of acquisition of the property through eminent domain, that: (a) the owner or the owner's heirs, successors, or assigns may be entitled to repurchase the property or request from the entity certain information relating to the use of the property and any actual progress made toward that use; and (b) that the repurchase price is the price paid to the owner by the entity at the time the entity acquired the property through eminent domain; nor 'iae in goo 13. provide that, if a court finds that r1shal 1pay costs id not gandtattorney's ot faith to acquire the property, thecondemnor fees; isions that allow a property owner to repurchase the 14, modify the current prov property by providing for repurchase if: (a) the public use for which the property was acquired through eminent domain is canceled; (b) no actual progress is made toward the public use for which the property was acquired between the date of acquisition and the tenth anniversary of that date; or (c) the property becomes unnecessary for the public use for which the property was acquired; 15. define the term "actual progress" as being the completion of two or more items in a list of expressly enumerated actions; 16, mandate that, not later than the 180th day after the date an entity the former cquired a real property interest through eminent domain determines that property owner is entitled to repurchase the property, the entity shall send a notice to the property owner of that fact; 17. provide that, on or after the tenth anniversary of the date on which property was acquired by an entity, a property owner or the owner's heirs, successors, or assigns may request that the condemning entity make a determination and provide a statement and other relevant information regarding whether the property will be used for its intended purpose, among other information; and 18. make all common carrier pipelines subject to the restrictions in current law regarding the use of eminent domain for economic development. H*B9 26 (Leibowitz) — Golf Carts: would allow an unregistered golf cart to be driven on any street for up to two miles. H B 48 (Biddle) — Employment: would: (1) require the state and any political subdivision that issues a license to revoke the license for one year from any employer found to be employing undocumented workers; and (2) permit the governmental entity revoking the license to charge a fee. 12 H.B. 126 Anderson) — Salvia Divinorum: would make Salvia divinorum and its derivatives and extracts subject to Penalty Group 3 of the Texas Controlled Substances Act. H.B. 19S (Alonzo) — Municipal Court: would require a municipal court to set a pre- trial hearing upon the request of either party, not later than 30 days before the trial begins. H.B. 2®6 (Jackson) —Alcoholic Beverages: would: (1) allow the holder of an on - premises alcohol consumption permit to allow an individual to bring alcoholic beverages onto the permitted premises for consumption by that individual; (2) grant the Alcoholic Beverage Commission the ability to suspend or cancel a permit if a breach of the peace occurs on the premises covered by a permit$ and (3) make it an offense for a commercial establishment that charges a fee for being admitted to the establishment to allow customers to bring alcoholic beverages onto the premises if the establishment does not have an on -premises consumption permit. H.B. 224 (Olivo) —School Police ®fficers: would require a city that employs a school police officer or school resource officer to provide additional training to the officer. H.B. 229 (Pitts) — ®n-Site Sewase Disposal: would require a person applying for a license (or license renewal) to install on -site sewage disposal systems to show proof of a bond or insurance policy. H.B. 334 (Aycock) —Elections: would require an election authority to provide notice at least four days in advance of any meeting called by the election authority to the county chair of each political party that made nominations by primary election for the general election for state and county officers. H.B. 337 (Harless) —Elections: would provide that an independent school district that holds a joint election with a county is not required, to pay any %J the costs associated with the conduct of voting on election day or during the early voting period. H.B. 342 (Herrero) —Debt Payment: would require a city that is a creditor for a consumer debt of an individual to defer payment or suit for the debt if: (1) the individual is in active military service; (2) the debt was incurred before the person was called into active military service; (3) the individual is called up for 180 days or more of service; (4) the individual is earning ten percent less income than on the date the debt was incurred; and (5) the city receives the required paperwork. H.B. 343 (Herrero) —Debt Payment: would require a city that is a creditor of a consumer debt to defer payment or suit for a debt of an individual injured in a combat zone until: (1) one year after the individual is released to active duty or nonmilitary 13 work; (2) one year after the individual has completed any needed retraining; or (3) the individual is dishonorably discharged. ti.n. 385 (0MU — Graind: would: (1) redefine "contraband" to include items used in graffiti offenses; and (2) change the activity of creating graffiti in order to enter or remain a member of a gang to a "gang -related activity," possibly affecting criminal penalties. �.. 417 (Calle�ari) —Eminent I)®main: would provide that: 1. the term "blighted area" means an area that presents four or more of the following conditions for one year after a property owner receives notice of the condition: (a) the area contains uninhabitable, unsafe, or abandoned structures; (b) the area has inadequate provisions for sanitation; (c) there exists at the area an imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe declared to be a disaster; (d) the area has been identified by the federal Environmental Protection Agency as a Superfund site or as environmentally contaminated to an extent that the property requires remedial investigation or a feasibility study; (e) the area has been the location of substantiated and repeated illegal activity of which the property owner knew or should have known; (f) the maintenance of the property is below county or municipal standards; (g) the property is abandoned and contains a structure that is not fit for its intended use because the utilities, sewerage, plumbing, heating, or a similar service or facility of the structure has been disconnected, destroyed, removed, or rendered ineffective; or (h) the property presents an economic liability to the immediate area because of deteriorating structures or hazardous conditions; 2. the current statutory provisions relating to urban renewal eminent domain apply only to blighted areas (as opposed to "slum" areas); 34 a municipal governing body must determine that each unit of property (as opposed to an "area," as is current law) be designated as blighted, and make corresponding procedural changes to urban renewal laws; 40 notwithstanding any other law, an area may not be considered a blighted area on the basis of a condition described in number (1)6 above unless the city has given notice in writing to the property owner regarding the imminent harm to life or other property caused by the condition of the property, and the property owner fails to take reasonable measures to remedy the harm caused by the property; 5. an area may not be considered blighted solely for aesthetic reasons; 6. a city shall provide a relocation advisory service for an individual, a family, a business concern, a farming or ranching operation, or a nonprofit organization that is compatible with the Federal Uniform Relocation Assistance Advisory Program; 7. a city shall, as a cost of acquiring real property, pay moving expenses and rental supplements, make relocation payments, provide financial assistance to acquire replacement housing, and compensate for expenses incidental to the 14 transfer of the property if an individual, a family, the personal property of a business, a farming or ranching operation, or a nonprofit organization is displaced in connection with the acquisition; 8. the special commissioners in a condemnation hearing shall admit evidence on the injury to the property owner, including the financial damages associated with the cost of relocating from the condemned property, if the property was habitable, to another property that allows the property owner to have a standard of living comparable to the property owner's standard of living before the condemnation of the property; and 9, the provisions of the bill shall supercede broad eminent domain powers relative to tax increment financing. H.B. 419 (B. Brown) —Elections: would provide that: (1) a city with a population of less than 5,000 is exempt from certain electronic voting requirements, and (2) the exemption shall not apply in a joint election where a federal office appears on the ballot. H.B. 423 (Guillen) —Municipal Court: would authorize municipal judges to perform wedding ceremonies. H.B. 424 (Castro) —Sales Taz: would add school supplies to the list of items that are exempt during the August sales tax holiday. H.B. 430 (Castro) — Municipal Court: would authorize a municipal court judge who is also a licensed attorney to issue certain types of search warrants. H.B. 433 (Lucid) —Solid Waste: would create new requirements for notice and public meetings during the application process for a new municipal solid waste facility or new municipal solid waste management facility, including signage requirements and mailed notice to property owners within a mile of the proposed facility. H.B. 430 (Lucid) —Cell Phone Ban: would prohibit a driver from using a,cell phone while driving, except for uses in connection with the official duties of emergency response personnel and police. H.B. 442 (Edwards) —Property Taz: would reduce the interest rate on deferred senior property taxes from eight to five percent. _H.B. 450 (Taylor) —Sales Tax: would create athree-day sales tax holiday in June for certain hurricane preparation supplies. (Companion bill is S.B. 360 by Patrick.) H.B. 451 (Allen) — Mandatory Health Benefits: would require health benefit plans to cover autism in a child up to age eighteen. (Note: current law requires coverage up to age six.) 15 H.B. 452 (Allen) — Elections: would provide that: (1) any qualified person who will be absent from his/her county on election day is eligible for early voting by mail; and (2) a person who is in jail on a misdemeanor charge is eligible for early voting by mail in certain circumstances. (Companion bill is S.B. 137 by Ellis.) uous 453 (Gonzalez Toureilles) — Law Enforcement: would authorize a police department to use funds transferred to the agency after the auction of an abandoned vehicle to compensate property owners who suffered property damage during a police pursuit. H B. 457 (Alvarado) — Building I�e�ulations: would require a city to verify that certain coastal gas service stations have alternate electrical generators before the city may issue a certificate of occupancy to the service station. H.B. 463 (Eissler) — Swimming Pool Safety: would: (1) require a person who sells or installs a pool to provide a pool yard enclosure gate and a device to prevent entrapment by a pool drain; (2) for pools installed on or after September 1, 2010, require a pool to have either more than one drain, one or more unblockable drains, or no main drain; (3) require a pool that has a main drain to be equipped with a drain cover that conforms to ASME/ANSI Standard A112.19.8M, as well as possess at least one specified anti -entrapment device; (4) allow the executive commissioner of the Health and Human Services Commission to adopt additional safety requirements; and (5) require the Department of State Health Services to conduct an education program to inform the public of these safety requirements. (Companion bill is S.B. 96 by Van de Putte.) (Note: the drain requirements of this bill match the federal standards enacted in the Virginia Graeme Baker Pool and Spa Safety Act, which was signed into law on December 19, 2007.) H.B. 468 (Patton) — Sales T'at: would exempt from sales taxes certain telecommunications equipment. H.B. 475 (Allen) —Early Voting: would require all early voting polling places, the main eazly voting place, and temporary branch polling places to be open from 7a.m. to 7p.m., regardless of the size of the city or county. H.B. 489 (Pickett) —Graffiti: would: (1) authorize a city to require a property owner to remove graffiti from the property; (2) allow the city to remove the graffiti and charge the expense to the property owner; and (3) exempt from the Texas Tort Claims Act any claim arising from property damage caused by the removal of graffiti by the city. H.B. 496 (Zerevas) —Elections: would: (1) require mailed notice of a special election to each registered voter in the jurisdiction covered by the election or notice by announcement during news segments on radio or television stations in the 16 jurisdiction covered by the election; and (2) provide that, to the extent practicable, the location of the polling place for a special election shall be the same as the location used in the most recent election for state and county officers. H.J.R. 20 (Anderson) —Hunting and Fishing: would amend the Texas Constitution to give every citizen the right to hunt and fish. )y Eissler above, S.B. 141 (Ellis) —Elections: would allow an individual who has been convicted of a felony to register as a qualified voter as long as the individual is not confined in a facility operated by or under contract with the Texas Department of Criminal Justice. S.B. 213 (Shapleigh) —Solid Waste: would require a city that generates, collects, conveys, transports, processes, stores, or disposes of municipal sewage sludge, grit trap waste, or grease trap waste to: (1) keep records using a uniform transportation manifest created by the Texas Commission on Environmental Quality (TCEQ; (2) archive the records for at least three years; and (3) make the records available to TCEQ upon request in order to verify that the amount reported as transported matches the amount of waste reported as created by the city. S.B. 222 (West) —Employment Agreements: would make an arbitration agreement between an employer city and an employee void and unenforceable unless the arbitration provision is part of a collective bargaining agreement. S.B. 303 (Shapleigh) —Health Insurance: would: (1) limit the way in which health benefit insurers may use application forms to accept insureds; and (2) limit the situations under which an insurer may cancel an insured's health policy. S.B. 375 (Carona) —Accident Report Information: would: (1) provide for the confidentiality of certain types %J accident reports; and (2) allow the Department of Transportation to release aggregated or statistical information relating 'to motor vehicle accidents, subject to certain exceptions. S.B. 383 (Carona) —Rail Relocation Fund: would dedicate $200 million of the annual proceeds of the state motor vehicle sales tax to the Texas rail relocation and improvement fund. S.B. 387 (Carona) —Law Enforcement: would allow a complaint or an arrest warrant to be forwarded not only by telegraph, but also by secure fax transmission or other secure electronic means. S.B. 388 (Carona) —Law Enforcement: would: (1) create a statewide Law Enforcement Integrity Unit within the Department of Public Safety to assist with the 17 ti investigation and prosecution of law enforcement corruption; (2) require a local law enforcement agency to cooperate with the unit by providing information requested for investigatory purposes; and (3) allow the Public Safety Commission to transfer administration of the integrity unit to the office of inspector general under certain circumstances. S.B. 389 (Patrick) —Police Vehicles: would permit privately own vehicles to qualify as city police vehicles for purposes of various exceptions to traffic offenses, provided the vehicle is: (1) owned by a peace officer; and (2) the police chief has approved the use. S.B. 391 (Patrick) —Elections: would: (1) require the secretary of state to cancel the voter registration of a previously registered voter whose name appears on a list of individuals excused or disqualified from jury duty because of citizenship status; (2) require that an individual be an eligible voter in order to be appointed as a volunteer deputy registrar; (3) establish as early voting dates the 12'�' through fourth day before election day for any runoff election; and (4) set the maximum total amount that a county may charge another political subdivision for leasing county -owned voting equipment at ten percent of the purchase price, rather than ten percent of the purchase price for each day the equipment is leased. S.B. 402 (Eltife) —Sales Taz: would authorize a new city sales tax for property tax relief with the following features: (1) the additional sales tax authorized by the bill would not count as part of the two -percent cap on the local sales tax rate; (2) both a city and the county may adopt the additional sales tax for property tax relief, (3) the rate of the sales tax is one-fourth of one percent; (4) the tax must be adopted by an election of the citizens; (5) such election of the citizens may only be called by the governing body of the city or county; (6) the governing body may call an election to abolish an already established additional sales tax for property tax relief, (7) revenue from the additional sales tax shall be used to reduce the property tax rate; and (8) a city or county that adopts the sales tax shall have its rollback property tax rate reduced from eight percent to five percent. S.B. 410 (Carona) —Municipal Court: would: (1) require a complaint in municipal court to be presented within two years of the date of the offense; and (2) define "presentation" as a filing of the complaint by the proper officer in the proper court. S.B. 411 (Carona) —Municipal Court: would permit a city to enter a restitution lien against a defendant in order to secure the payment of: (1) certain fines or costs entered against the defendant in a misdemeanor criminal judgment; and (2) damages incurred by the city as a result of a vehicle pursuit while the defendant was evading arrest. SB 412 (Carona) —Municipal Court: would allow a judge to require a defendant in municipal court, after a plea of guilty or nolo contendere, to post a bond in the amount of the fine assessed to secure payment of any fine or special expense that could be imposed. S.B. 413 (Carona) — Municipal Court: would require a complaint to be filed in municipal court if a defendant fails to appear based on written notice, such as citation, that has been filed with the court. S.B. 414 (Carona) —Municipal Court: would provide that, for purposes of a commitment hearing in municipal court, a defendant may be brought before the court in person or by means of an electronic broadcast system through which an image of the defendant is presented to the court, including secure Internet videoconferencing. S.B. 415 (Carona) —Municipal Court:. would require a defendant who has been accused of a fine -only offense to be arraigned in a municipal court or justice court, instead of a county or statutory count court. S.B. 416 (Carona)— Municipal Court: would provide that the $25 child safety fund court fee for traffic offenses that occur in school zones applies only when the offense occurs within a city. 1 1► The T`ML staff is gathering a -mail addresses from city officials (elected or appointed) who are willing to provide testimony during the 2009 legislative session, want to be kept "in the loop" on certain subject matters, or are willing to simply provide ide thr perspective on a particular legislative matter. If you would like to participate in this E-List project, simply send an e-mail to Chelsea Phillips at Chelsea@Lmal.org with your name/e-mail address and the subject matter(s) below that interest you. ® Annexation ® Billboards ® Civil Service ® Code Enforcement ® Collective Bargaining and Meet and Confer ® Disaster Response • Disease Presumption ® Economic Development ® Elections ® Electric Utilities ® Emergency Service Districts/EMS 19 ® Ethics ® Gas Utilities ® GFOAT ® Land Use ® Municipal Court ® Open Meetings/Open Records ® Personnel ® Property Tax ® Public Safety Fire ® Public Safety Police ® Purchasing Sales Tax ® Telecommunications ® Transportation ® Water Other: TML member cities may use the material herein for any purpose. 1lro other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. For further information contact the TML Legislntive Services Department 1821 Rutherford lane, Suite 400, Austin, Texas 18754 5128 512 231 1400, Fax 512 231-7490 www.tml.org 1 BILL IS BACK January 22, 2009 Number 3 C!� Previous issues of the TML Legislative Update have described the 2007 Public Safety Employee Cooperation Cooperation Act. That Will H.R. 980, would have federalized state and local government labor-management relations by granting collective bargaining rights to all state and local public safety officers (law enforcement officers, firefighters, and emergency medical services personnel). H.R. 980 passed the U.S. House of Representatives in July of 2007 but did not come to a vote in the U.S. Senate before the end of the last congressional session. H.R. 980 is described in-depth in previous issues of the TML Legislative Update (July 27, 2007; October 25, 2007; and March 28, 2008). On January 9, 2009, Representative Dale Kildee [D-MI] filed H.R. 413, the Public Safety Employer -Employee Cooperation Act of 2009, in the United States House of Representatives. The full text of the filed bill is available? at http://thomas.loc.gov/cgi- bin/guery/z�cl 11 H.R.413.IH. The bill is almost identical to the 2007 bill. It includes a provision permitting a state to exempt from the bill's requirements any political subdivision with less than 5,000 population or fewer than 25 full-time employees. However, one significant change is that the new bill would prohibit states and political subdivisions from regulating public safety employees' off -duty, part-time employment or volunteer work in an agreement negotiated under the Act. H.R. 413 has not yet come to a vote in the U.S. House. City officials are urged to contact their U.S. representatives to express their opposition to H.R 413. Published by the Texas Municipal league 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128 512-231-7400, Fax 512-231-7490 www.tml.org LEGISLA ON WO ELECTRONIC V FROM After the election problems in Florida and other states during the 2000 presidential election, Congress determined that there were serious problems with the nation's elections processes. In response to those real or perceived problems, Congress enacted the federal Help America Vote Act of 2002 (HAVA). The Texas Legislature's implementation of HAVA in Texas has had negative consequences for some Texas cities. HAVA borrowed from the federal Americans with Disabilities Act to mandate access for disabled voters. While HAVA applies only to federal elections, the Texas Legislature extended its provisions to all elections in the state. Accordingly, current law mandates the use of at least one electronic voting machine in each polling place for all elections. While Texas city officials are sensitive to the needs of the disabled community, the issue quickly became one of costs and benefits. Many Texas cities do not have sight -impaired or other disabled voters. And if they do, there are other procedures in the Elections Code to assist those voters. Now, legislators have filed two bills that would exempt small cities from the electronic voting machine requirement. • H.B. 419 (B. Brown) —Elections: would provide that: (1) a city with a population of less than 5,000 is exempt from certain electronic voting requirements; and (2) the exemption shall not apply in a joint election where a federal office appears on the ballot. • H.B. 381 (Callegari) —Elections: would provide that: (1) a political subdivision with a population of less than 5,000, other than a county, is exempt from certain electronic voting machine requirements; and (2) the exemption shall not apply in a joint election where a federal office appears on the ballot. Affected city officials may wish to contact their legislators to express support for these proposals. DEPARTMENT OF STATE HEALTH SERVICES ENFORCED RITY O The Department of State Health Services (DSHS) has requested an opinion from the attorney general as to whether DSHS can impose administrative penalties against cities relating to asbestos surveys. Both federal and state law require a building owner to obtain an asbestos survey before demolishing or remodeling a public or commercial building. In 2001, the Texas Asbestos Health Protection Act (TAHPA) was amended to require cities to verify that an owner or the owner's agent (e.g., a contractor) has performed an asbestos survey of such a building prior to the city issuing a building permit. DSHS claims that cities are not enforcing the new requirement because "applicants and municipalities often do not understand the scope of activities [that require an asbestos survey]." �J i The request seems to imply that it is the fault of cities that owners have faced large penalties for not conducting an asbestos survey. The fact is that the owner of a building is responsible for compliance, not the city in which the building is located. The Texas Municipal League (TML), along with the Building Officials Association of Texas (BOAT), has written to the DSHS commissioner who requested the opinion. TML and BOAT have asked that the opinion request be withdrawn and have offered to assist DSHS with educating cities as to the asbestos requirements. That approach is more reasonable than seeking to impose monetary penalties against cities that are tasked with enforcing a state -level program. The attorney general opinion request (RQ-0775- GA) is available at.0 http://www oag state tx us/opinions/opinions/50abbott/rq/2008/pdf/RQ0775GA pdf Interested cities have until February 9, 2009, to submit comments. "GYPSY COPS" In recent years, the problem of "gypsy cops" (police officers who move easily from one. police department to another despite poor performance records or unethical behavior) has affected many Texas cities. H.B. 2445, passed in 2007, attempts to address the problem by increasing cooperation between local law enforcement agencies and the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). The 2007 legislation: (1) expands the circumstances under which a law enforcement agency is required to file a termination report with TCLEOSE; (2) formalizes language to be used in the report; (3) requires the agency to submit the report to TCLEOSE not later than the seventh business day after the date the peace officer separates from the agency or exhausts all administrative appeals; (4) requires the agency to provide the peace officer or the officer's next of kin a copy of the report not later than the seventh business day after the officer separates from the agency or exhausts all administrative appeals; and (5) allows TCLEOSE to suspend the license of a peace officer upon the receipt of notification of certain termination situations. On December 31, 2008, TCLEOSE proposed new agency rules that provide for the implementation of H.B. 2445. Specifically, the proposed rules outline the materials that local law enforcement agencies must submit to TCLEOSE prior to hiring or terminating a licensed peace officer. The proposed rules are available at: http://www.sos.state.tx.us/texreg/sos/PROPOSED/3 7.PUBLIC%20SAFETY%20AND%2000R RECTIONS.html# 108. Prior to February 15, 2009, public comments on the proposed rules may be submitted electronically to public.comment(a�tcleose.state.tx.us or in writing to Mr. Timothy A. Braaten, Executive Director, Texas Commission on Law Enforcement Officer Standards and Education, D30 U.S. 290 East, Austin, Texas 78723. K� EW FMLA CHANG S Federal rules implementing changes to the Family and Medical Leave Act (FMLA) became effective on January 16, 2009. The changes are the result of federal military leave legislation passed in 2008 and other amendments to existing FMLA rules. The military leave rules grant an employee who is eligible for leave under the FMLA up to 26 weeks of unpaid leave to care for a family member (spouse, child, parent, or next -of --kin) who is in the armed forces and who is undergoing medical treatment, recuperation, or therapy for a serious illness or injury. The rules also allow an eligible employee to take up to twelve weeks of unpaid FULA leave for a "qualifying exigency" that arises because a family member is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation. The non-military rule amendments require new posters and forms for all covered employer cities. (Note: every city with employees is covered by FMLA and must display the new FMLA poster, but not all cities have employees who are eligible for FMLA leave.) The new poster should be displayed immediately. The amendments also make changes to intermittent leave, medical certification for employees who request FMLA leave, use of paid leave during FMLA leave, and light duty provisions. They also include revised procedures for reviewing eligibility for FMLA leave. For more information on which employees are eligible for FMLA leave see: Lgp://www.dol.gov/dol/allcfr/ESA/Title 29/Part 825/29CFR825.110.htm. T'he new military rules and the non-military rule amendments are available at: http•//www.dol.gov/esa/whd/imla/finalrule.nun. The new FMLA poster is available at: http //www dol gov/esa/whd/fmla/fmalrulelFMLAPoster.pdf. If you have questions about the new rules, please contact Laura Mueller in the TML Legal Department at (512) 231-7400 or laura(a�tml.org. S HOMED ELD IN_ SA RENC The 2009 Texas Homeland Security Conference will be held at the Henry B. Gonzalez Convention Center in San Antonio March 23-26. It will combine all the workshops, presentations, training classes, and resources normally associated with the Texas Hurricane Conference and the Texas Homeland Security Conference. Workshops and presentations from a wide variety of experts will focus on the full spectrum, of homeland security goals: prevention, protection, response, and recovery. The conference is sponsored by the Governor's Division of Emergency Management. It brings together representatives of law enforcement, border security and port security, transportation and cyber security, as well as firefighters, emergency medical personnel, Texas Military Forces, volunteer organizations, and private sector representatives. Attendees also will include officials from higher education, public education, health and medical care, and public officials from local, state, and national governments. Representatives of more than 30 state agencies on the Governor's Emergency Management Council and federal officials also will attend. For more information on conference registration, general session speakers, workshops, and training opportunities, go to: www.txdps.state.tx.us/dem. CITY -RELATED BILLS FILED H.B. 504 (Kolkhorst) —Juvenile Dekinauency: would provide that: (1) a parent commits a class C misdemeanor if (a) the parent's child is convicted of or adjudicated as having engaged in delinquent conduct or conduct indicating a need for supervision for disrupting a school activity; (b) the child has not complied with the terms of the child's sentence or a court order relating to the conviction or adjudication; and (c) the parent, with criminal negligence, has contributed to, caused, or encouraged the child to fail to comply with the terms of the child's sentence or a court order relating to the conviction or adjudication; (2) one-half of a fine collected for the new offense shall be deposited to the credit of the operating fund of the child's school (if the school is a public school) and one-half shall go to the general fund of the municipality in which the offense is prosecuted (or to the county's general fund if prosecuted in a county court); and (3) in the case of a parent whose child attends a private school, a fine collected for the offense shall be deposited in its entirety to the credit of the general fund of the prosecuting entity. H.B. 604 (Farabee) — 4B Sales Taz: would permit the expenditure of 4B sales tax revenue on roads, streets, sewer facilities, and storm water drainage facilities that are related to water conservation programs. H.B. 606 (Farabee) —Volunteer Fire Departments: would exempt volunteer fire departments from the payment of motor fuels taxes. (Companion bill is S.B. 254 by Estes.) H.B. 615 (S. Turner) — Employee Leave: would require a city to: (1) grant up to ten hours of unpaid leave to an employee who has worked for the city for at least a year for purposes of meeting with school officials; and (2) post notice of employees' rights under this law. H.B. 618 (Corte) — PrivileEed Parkin: would exempt from parking meter fees a vehicle with license plates indicating an individual received the Air Force Cross or Distinguished Service Cross, the Army Distinguished Service Cross, the Navy Cross, or the Medal of Honor. H.B. 621 (Elkins) —Public Improvement Districts: would make the following changes to public improvement district .law: (1) permit, but not require, level annual installment payment of assessments; (2) permit the city council that created a district to determine which events trigger the running of interest on assessments; (3) provide that assessment liens run with the land; (4) provide that assessment liens are not extinguished by tax foreclosure; (5) permit the use of sale contracts and time warrants for financing of long-term district costs; and (6) permit certain corporations to manage districts. H.B. 622 (Harkess) — Immigration: would suspend any state licenses held by a city if, after notice and a hearing, the state finds that the city employs one or more individuals who are not lawfully present in the country. 5 H.B. 627 (Anchia) — Elections: would: (1) provide that an election officer serving at an early voting polling place is a deputy voter registrar and has the same authority as a regular deputy registrar; (2) allow for the registration of eligible voters during early voting upon the submission of certain documentation; (3) require an individual voting under (2) above to vote a provisional ballot; and (4) prescribe registration procedures that must be followed by the voter registrar. H.B. 628 (Anchia) —.Human Trafficking: would provide that: (1) the attorney general shall establish and maintain a computerized database regarding persons who are trafficking victims; (2) a state or local law enforcement agency shall report to the attorney general information regarding each trafficking victim identified by the agency; (3) the attorney general shall analyze the information to assist in identifying human traffickers, patterns in trafficking throughout the state, and any other useful information; and (4) the attorney general shall establish a human trafficking prevention task force, which would include representatives of local law enforcement agencies affected by human trafficking, to develop policies and procedures to assist in the prevention and prosecution of human trafficking crimes. H_.B. 632 (S. Turner) —Water and Sewer Utilities: would: (1) mandate that a retail public utility (including a municipally -owned utility) must maintain auxiliary power generators capable of ensuring that, in the event of a local power outage, the retail public utility maintains the ability to provide water to the local distribution system with at least the minimum water pressure required under Texas Commission on Environmental Quality (TCEQ) rules, and sewer services to all existing customers; (2) provide that the TCEQ by rule shall prescribe standards relating to the auxiliary power generators and create and implement an inspection schedule that ensures the inspection of each retail public utility for compliance with the new mandate at least once a year and (3) authorize the TCEQ to impose an administrative penalty on a retail public utility that violates the new requirement.or permit the commission to revoke the utility's license to operate. H.S. 637 (Guillen) —Property Taz: would make the following changes to the optional city residential homestead exemption: (1) permit a city to grant an exemption of a percentage of appraised value, as current law allows, or alternatively to exempt a specific dollar amount, similar to the senior homestead exemption; (2) provide that if the city chooses to exempt a specific dollar amount, the amount exempted must be between $5,000 and $30,000; and (3) provide that the city may not grant both types of homestead exemption. (Note: please see H.J.R. 40, below.) H B 638 (Leibowitz) —Electronic Voting Machines: would: (1) prohibit the use of an electronic voting machine in an election unless the machine: (a) has been certified or otherwise approved by means of qualification testing by a nationally recognized test laboratory; (b) meets certain voluntary standards developed and adopted by the Federal Election Commission, the Election Assistance Commission, or the National Institute of Standards and Technology; and (c) creates a contemporaneous auditable paper record copy of each electronic ballot that allows a voter to confirm the choices the voter made through both a visual and a nonvisual method; (2) mandate that: (a) a voter be allowed to privately and independently view the paper record copy; (b) a copy of the paper record copy be maintained in a secure storage container; and (c) if the voter finds that the paper record copy does not correspond to the voter's choices, the paper record copy be destroyed; and (3) allow the use of an electronic voting machine that was acquired before January 1, 2010, and does not meet the above requirements only if: (a) a voter has the option of casting a paper ballot instead of using the machines (b) a permanent record of each ballot is created at the time the ballot is cast or during the local canvass of the votes; (c) the system is subject to parallel monitoring; and (d) at least 46 days before the date the system is to be used for 2 voting, the authority responsible for holding the election submits a technical security plan for the system to the secretary of state. H.B. 639 (Thomason) —Human Trafficking: would: (1) create a required, four-hour, basic training program in human trafficking to be included in the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) certification requirements; (2) create a voluntary, advanced human trafficking training program; and (3) require that officers certified before the human trafficking training requirement goes into effect must take the basic, four-hour training before obtaining an intermediate or advanced proficiency certificate from TCLEOSE. (Companion bill is S.B. 89 by Van de Putte.) H.B. 644 (Zerwas) —Transportation Funding: would provide that money in the state highway fund may not be transferred to or appropriated for use by various state agencies, including the Texas Department of Public Safety. H.B. 649 (Y. David — Property Tax: would: (1) prohibit an appraisal district or a taxing unit, including a city, from posting the name of the owner of real property on the Internet if the owner has submitted a written confidentiality request to the entity; and (2) require an appraisal district or taxing unit that posts appraisal information on the Internet to provide notice on its main Web site of the right of a property owner to request confidentiality. H.B. 653 (Bonnen) —Property Taz: would give tax assessors the option to mail property tax bills "Return Receipt Requested." (Note: under current law, such a designation is mandatory.) H.B. 656 (Rios Ybarra) —Hotel Occupancy Taz: would permit the expenditure of up to fifteen percent of city hotel occupancy tax revenue on certain ecological tourism events. ' H.B. 658 (Jackson) — Immigration: would require a city to. (1) participate in the federal government's program for electronic verification of employee immigration status ("E-Verify"); and (2) immediately terminate an employee responsible for verifying the immigration status of other employees if the verifying employee fails to participate in E-Verify. H.B. 666 (Gutierrez) — Municiaal Court: would authorize a (t50 fee to be assessed upon conviction of any offense to pay for the services of a peace officer who has issued a cap as pro fine. H.B. 667 (Callegari) — Design -Build: would allow the use of a design -build contract for certain civil works projects by a city with a population of more than 100,000. (Companion bill is S.B. 229 by West.) H.B. 691 (Ortiz) —Alcohol Regulation: would exempt city -owned facilities that are financed by public securities from the "subterfuge ownership" prohibition in Section 109.53 of the Alcoholic Beverage Code. Such an exemption would allow an entity other than the owner of a facility to receive a majority of alcohol -related revenues. H.J.R. 40 (Guillen) —Property Tax: would amend the Texas Constitution to permit the legislature to make the following changes to the optional city residential homestead exemption: (1) permit a city to grant an exemption of a percentage of appraised value, as current law allows, or alternatively to exempt a specific dollar amount, similar to the senior homestead exemption; (2) provide that if the city chooses to exempt a specific dollar amount, the amount exempted must 7 1 be between $5,000 and $30,000; (3) provide that the city may not grant both types of homestead exemption. (Note: please see H.B.. 637, above.) S.B. 435 (Ellis) — Renewable Energy: would: (1) mandate that electric utilities (including municipally -owned utilities) shall, not later than January 1, 2020, directly own or purchase sufficient generating capacity or peak load renewable energy credits such that the installed peak load generating capacity from renewable energy technologies in this state will increase to meet certain goals established in the bill; (2) require the Public Utility Commission (PUC) by rule to establish a peak load renewable energy credits trading program; (3) provide that a municipally - owned utility operating a gas distribution system may credit toward its renewable energy goals any production or acquisition of landfill gas supplied to the gas distribution'°system; and (4) require the PUC to develop a plan to construct transmission capacity necessary to deliver to electric customers during peak load periods, in a manner that is most beneficial and cost-effective to the customers, the electric output from renewable energy technologies. S.B. 436 (Ellis) —Renewable Energy: this bill is identical to S.B. 435, above. S.B. 489 (Deuell) —Peace Officers: would: (1) require the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) to develop, maintain, and promote an Internet Web site to promote employment opportunities for police officers; and (2) allow TCLEOSE to charge a reasonable fee to a city police department for its use of the Web site. S.B. 492 (Nelson) —Emergency Medical Services: would prohibit registered sex offenders from being certified as any type of emergency medical services personnel. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. For further information contact the TML Legislative Services Department 1821 Rutherford lane, Suite 400, Austin, Texas 78754-5126 512.231-7400, Fax 512-231-7490 www.tml.or,g _T • 1 L...�1 lob d I `L employment, in seating areas at outdoor events, or within fifteen feet of an enclosed area in which smoking is prohibited; (2) provide that the bill's provisions preempt and supersede a local ordinance, rule, or regulation that prohibits smoking to a lesser degree; (3) provide that a local ordinance, rule, or regulation that prohibits or restricts smoking to a greater degree than the bill is not preempted; (4) require the Texas Department of State Health Services to annually request other government agencies to establish local operating procedures to comply with the bill, including urging all federal, state, county, and municipal governments as well as independent school districts to update existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke; and (5) require any entity that grants business licenses, including a city, to provide notice of the state smoking law to each license applicant. Cities that have enacted a local smoking ban ordinance will want to carefully consider the bills in light of the fact that some ordinances would be preempted by the bills if they were to pass in their present form. To help plan TML's approach to these bills, League staff would like to hear from any city that answers "yes" to both of the following questions. • Has your city already adopted a smoking ban ordinance? • Is your city's smoking ban ordinance less restrictive than H.B. 5 and S.B. 544 (such that it would be preempted by the bills)? If you answered "yes" to both of these questions, please also answer the following question: Is your city concerned that your ordinance would be preempted by stricter statewide standards? Please respond to Bennett Sandlin at TNIL: Bennett(a�tml.org. PREEMPTION EFFORTS (Editor's Note: Reprinted with the permission of the author, John Pestle, who is a telecommunications lawyer with the Varnum law firm in Michigan.) Every few years the Federal Communications Commission is asked to preempt local zoning (and sometimes building codes as well) as to telecommunications 2 towers — radio, TV, cell phone, and the like. Generally these attempts attract a lot of attention initially but then fizzle out. In that regard the latest attempt to impose "shot clocks" and other restrictions on zoning applications for cell towers seems to be following a similar track. Although it was expedited by the FCC in the fall of 2008, presumably to allow the Bush FCC to act on it prior to leaving office, that didn't happen. It is also unlikely to be a high priority for the new administration. Here are some examples of prior preemption attempts which followed a similar trajectory, followed by some observations as to why these patterns occur. In 1996 the cellular industry was surprised to find courts approving temporary moratoria on cell tower zoning applications, usually until communities could adopt zoning ordinances to come into compliance with the then recently -enacted cell tower zoning provisions of the 1996 Telecommunications Act, 47 U.S.C. § 332 (c)(7). Reacting typically, in late 1996 the cell phone companies filed a petition at the FCC to have zoning moratoria declared illegal, or if not illegal, greatly restricted. The FCC, acting with unheard-of speed, sought comments both in December 1996 and then in July 1997. Ultimately the proceeding went nowhere and was resolved ' with an agreement between the FCC's then Local and State Government Advisory Committee, the cellular industry, and the FCC on best practices for wireless tower siting and an informal dispute resolution process. Then in August 1997, the FCC started a rulemaking which would have largely overturned the 1996 Telecommunications Act's general preservation of local zoning authority over cell towers. It proposed to do this by having the "exception swallow the rule", namely by allowing the FCC to review and reverse any local zoning decision which it considered tainted by concerns over RF radiation. The concept was to do this under the 1996 Act's provision that municipalities cannot regulate cell towers under their zoning powers based on tower radiation concerns if the radiation complies with FCC rules. In the rulemaking, the FCC proposed that it could "second guess" the stated reasons given by a local zoning authority for its decisions, and could determine that their "true" basis for decision was RF radiation based (so the FCC could reverse it). The FCC also proposed that it could intervene in court proceedings to support cellular companies. Although starting with a bang, the proceeding concluded with a whimper in 2000, when it set forth procedures for petitions to the FCC claiming that municipalities violated the RF radiation exception. 3 Concurrently, in 1997 the TV stations got the FCC to propose a rule requiring states and communities to act on all permits and approvals needed for broadcast towers within 21 to 45 days, with failure to act in these timeframes resulting in the application automatically being granted. In other words, a "shot clock." Their argument was that this change was needed for the transition (actually occurring in 2008-2009) to digital television and that state and local zoning and permitting would slow the transition. This rulemaking also basically came to naught. These proceedings followed a common pattern of the industry claiming an artificial crisis and providing misinformation on municipal activities, followed by a retreat by the FCC once municipalities objected and provided information on the true state of affairs. In this regard, the claimed "crises" turned out to be overblown. Municipalities educated the FCC about the important role played by local zoning and by building codes for the public health, safety, and welfare, and the FCC often appeared to realize it was on thin (or non-existent) ice legally. This somewhat predictable cycle has been aided by Washington's skepticism, especially in recent administrations, about the role of government (other than that of a Federal agency proposing to preempt other units of government!). It has been further aided by the fact that the telecommunications industries hire FCC alumni to lobby their former employer, which results in a somewhat self -reinforcing cycle until municipalities find their role threatened and are forced to educate the FCC on the true state -of -affairs. So, although the final chapter of the cell tower industry's 2008 zoning preemption proceeding has not yet been written, its trajectory so far seems to be following that of similar efforts in prior years. But municipalities must stay vigilant, as this will certainly not be the last time such preemption is attempted, and attempts could be made to resuscitate this proceeding. AL COST INFLATION FALLS TO 2.4 The Municipal Cost Index (MCI), developed exclusively by American City and County magazine, shows the effect of inflation on the cost of providing municipal services. The MCI is used to study price trends, help control price increases for commodities, make informed government contract decisions, and facilitate sound budget planning. The MCI determines the cost of inflation and the rising cost of doing business as a local government. According to American City and County magazine, the MCI for January 2009 was 206.1, down 2.1 percent from the previous month but a 2.4 percent increase over the previous year. The January 2008 MCI was 201.3. Although costs rose through most of 2008, they have fallen in recent months. Between October 2007 and September 2008, the MCI went from 198.2 to 214.7, In increase of 8.3 percent. But since September 2008, the MCI has fallen by four percent. H B 700 (Zerwas) —Property Tag: would reduce the annual property tax appraisal cap from ten percent to five percent. (Note: please see H.J.R. 42, )elow.) MIN 701 I %;a I sl —Property Tag: would authorize a new city sales tax for property tax relief with the following features: (1) the additional sales tax ill would not count as part of the two -percent cap on the local authorized by the b sales tax rate; (2) both a city and the county may adopt the additional sales tax for property tax relief; (3) the rate of the sales tax would be one-half of one percent, (4) the tax must be adopted by an election of the citizens; (5) such election of the citizens may be called by the governing body of the city or county; (6) an election must be called by the governing body of a city or county upon receipt of a petition signed by at least five percent of the registered voters of the respective entity; (7) the governing body, or the citizens by petition, may call an election to abolish an already established additional sales tax for property tax relief; and (8) revenue from the additional sales tax shall be used to reduce the property tax rate. The bill would also provide that a property may qualify for a residential homestead exemption at any time during a tax year and receive the benefit of the exemption retroactive to January 1 of that year, and that the ten -percent appraisal cap under current law applies to all real property, not just to residential homesteads. (Note: please see H.J.R. 43, below.) H B 707 (Rose) — Purchasing: would provide that a city with a population of less than 250,000 may use the five -percent local bidder preference for contracts for or purchases of: (1) real property; (2) personal property that is not affixed to real property; (3) services; or (4) construction of a building, road, street, bridge, utility, or storm drainage facility. H B 711 (Rose) —Property Tag: would reduce the annual property tax appraisal cap from ten percent to five percent. (Note: please see H.J.R. 44, below.) H.B. 722 (D. Howard) —Water Utilities: would: (1) require a regional water authority, when building a facility within a city, to comply with the zoning and permitting requirements of the city; (2) require city council approval for any regional water authority facility; and (3) prohibit a city from approving such a facility if the council determines that residents' health, safety or welfare will be negatively affected, or if the facility does not comply with land use and zoning regulations or the city's land use and development plan. H.B. 725 (Veasey) —Utilities: would: (1) require a utility, upon the request of an elderly or disabled individual, to delay without penalty the payment date of a bill until the 25th day after the date the bill is issued; and (2) allow a utility, upon written request by an elderly or disabled individual, to allow payment of the individual's bill to be deferred for not more than three months and to allow the individual to pay the delinquent amount in equal installments over at least three billing cycles. H.B. 730 (Miklos) —Traffic Offenses: traffic violation from $200 to $500, would increase the maximum fine for a H.B. 733 (Fletcher) —Police Vehicles: would permit privately owned vehicles to qualify as city police vehicles for certain purposes, provided the vehicle is: (1) owned by a peace officer; and (2) the police chief has approved the use. (Companion bill is S.B. 389 by Patrick.) H.B. 736 (Quintanilla) —County Nuisance Authority: would provide, among other things, that: (1) the commissioners court of a county by order may, in the unincorporated areas of the county, abate and remove a nuisance and punish by fine the person responsible for the nuisance, define and declare what constitutes a nuisance and authorize and direct the summary abatement of the nuisance, and abate in any manner the commissioners court considers expedient any nuisance that may injure or affect the public health or comfort; and (2) if an order adopted by a commissioners court conflicts with an ordinance of a city, the city ordinance prevails within the city's jurisdiction to the extent of the conflict. H.B. 737 (Quintanilla) —Hazardous Pipelines: would: (1) require a person who is an officer or employee of a local governmental entity, on acquiring knowledge of a proposed pipeline project that may transport a hazardous liquid in or through the entity's boundaries or jurisdiction, to promptly inform the entity of the existence of the proposed pipeline project; and (2) provide that a local governmental entity that acquires knowledge from any source regarding a proposed pipeline project that may transport a hazardous liquid in or through the C l 7' entity's boundaries or jurisdiction shall promptly give written notice to any other local governmental entity whose boundaries or jurisdiction may reasonably be expected to be affected by the proposed pipeline project. H.B. 738 (Quintanilla) —Traffic Offenses: would increase the minimum and maximum fines for traffic violations if, during the traffic violation, the driver is using a phone or other communications device, grooming, reading, interacting with others in the vehicle, or engaging in another activity that prevents the driver From safely operating the vehicle. H.B. 742 (Flores) —Property Taz: would give a complete homestead property tax exemption to totally disabled veterans. (Companion bill is S.B. 469 by Carona) H.B. 747 (Gatos) —Law Enforcement: would require a blood or breath test if the person arrested: (1) was in an accident where a victim suffered bodily injury and required transportation to a hospital; (2) is suspected of driving while intoxicated with a child under the age of fifteen in the can or (3) is suspected by the arresting officer, based on reliable information from a credible source, of having been previously arrested for certain intoxication offenses. (Companion bill is S.B. 261 by Deuell.) H.B. 758 (Martinez Fischer) OR Phone Ban: would prohibit a driver from using a cell phone to read, write, or send a text message while driving, except for uses in connection with the official duties of emergency response personnel and police. H.B. 759 (Martinez Fischer) —Law Enforcement: would: (1) create a 24-hour hotline for reports of impaired driving; and (2) require that tips from the hotline be forwarded as soon as practicable to the city police department or sheriff s office with jurisdiction over the matter. H.B. 761 (Creighton) —Property Crimes: would increase the punishment level for certain property crimes, including graffiti, if committed during a declared disaster. H.B. 767 (Guillen) —Municipal Court: would require a municipal court that fords a child guilty of a fore -only offense, including a traffic offense, to do the following: (1) enter an order requiring the parent and child to provide the court with evidence that the child is in compliance with compulsory school attendance requirements; and (2) if the child is not in compliance, include in the court's judgment an order to comply and provide evidence to the court of compliance and 7 r order the Texas Department of Public Safety to suspend the child's driver's license or deny the issuance of a license for a certain period of time. H.B. 770 (D. Howard) —Property Tax: would allow the continuance of residential homestead property tax exemptions on property that is temporarily uninhabitable because of mold or water damage. H.B. I (Oliveira) —Tag Abatements: would extend the authority of taxing units, including cities, to grant tax abatements until September 1, 2021. (Note: under current law, the authority to grant tax abatements is set to expire on September 1, 2009.) H.B. 774 (T. Smith) — Zoning: would provide that: (1) a protest to a zoning regulation or boundary must be written and signed by the owners of at least 20 percent of either: (a) the area of the lots or land covered by the proposed change, or (b) the area of the lots or land within the incorporated territory of the city and immediately adjoining the area covered by the proposed change and extending 200 Feet from that area; and (2) if the property within 200 feet of the property for which a zoning change is proposed is located in territory included on the most recently approved tax roll of an adjacent city, the written notice shall be sent to the governing body of the adjacent city. H.B. 790 Burnam) — Elections: would provide that for a provisional ballot cast outside the precinct in which a voter resides, if the voter was a person registered to vote in this state, the early voting ballot board shall accept the ballot but count only a vote cast for: (1) an office or proposition stating a measure for which a statewide election was held; and (2) an office or proposition stating a measure in a territorial unit of which the voter was entitled to vote at the voter's registered address. H.B. 791 Burnam) —Sales Tag Holiday: would create a second sales tax holiday in July for the purchase of certain energy -efficient products. (The current sales tax holiday for energy -efficient products is Memorial Day weekend only.) H.B. 793 (P. King) —Volunteer Fire Departments: would provide that a volunteer fire department or a city that contracts with a volunteer fire department may charge a reasonable fee for emergency services performed by the department. H.B. 794 (P. King) —Volunteer Fire Departments: would exempt volunteer fire departments from the payment of state motor fuel taxes. (This bill is identical to H.B. 387 by Pena and H.B. 606 by Farabee, and its companion bill is S.B. 254 by Estes.) H.B. 799 (Lucio) — Sales Tax, would exempt from sales taxes certain renewable energy devices. H.J.R. 42 (Zerwas) —Property Tax: would amend the Texas Constitution to permit the legislature to reduce the property tax appraisal cap from ten percent to We percent. (Note: please see H.B. 700, above.) H.J.R 43 (Zerwas) —Property Tax: would amend the Texas Constitution to permit the legislature to provide that the ten -percent appraisal cap under current law applies to all real property, not just to residential homesteads. (Note: please see H.B. 701, above.) MEMEMEME H.J.R 44 (Rose) —Property Tax: would amend the Texas Constitution to permit the legislature to reduce the property tax appraisal cap from ten percent to five percent. (Note: please see H.B. 711, above.) S.B. 505 (Ogden) —Transportation Funding: would provide that: (1) the Texas Transportation Commission may designate as a "transportation finance zone" an area that is adjacent to the right -of --way of an existing or proposed state highway project and within two miles on either side of the center line of the state highway, (2) the area designated as a transportation finance zone may extend more than two miles on either side of the center line of a state highway if necessary to avoid the splitting of a location in which the sale, storage, use, or other consumption of a taxable item would be consummated; (3) the designation of a transportation finance zone is not effective until the legislature has reviewed and approved the designation and boundaries of the zone; (4) proceeds from the collection of state sales taxes in a transportation finance zone shall be deposited to the credit of a separate account to be used only for the purpose of paying the principal of and interest on obligations issued in connection with the state highway project located in the transportation finance zone in which the taxes were collected; and (5) in any state fiscal year, the comptroller may not deposit more than $250 million to the credit of the fund. (Note: please see S.J.R. 18, below.) S.B. 508 (Eltife) —Purchasing: would provide that, for purposes of the f percent local bidder preference for a city with a population of less than 250,000, a local bidder means a bidder whose principal place of business is in the city or the city's extraterritorial jurisdiction. S.B. 533 (Duncan) —Eminent Domain: would make various changes to eminent domain laws. Specifically, the bill would: 1. require a record vote with specific wording to take each parcel of land through the use of eminent domain; 9 2. require that any entity, including a private entity, authorized to exercise the power of eminent domain must submit to the state comptroller, by December 31, 2010, a letter stating that the entity is authorized to exercise the power of eminent domain and identifying the provision or provisions of law that grant the entity that authority, and would provide that the entity's authority to use eminent domain will expire if the letter is not sent by the deadline; 3. provide that any entity with eminent domain authority that wants to acquire real property for a public use shall, at the time an offer to purchase or lease the property is made, disclose to the property owner any and all appraisal reports produced or acquired by the entity that relate to the owner's property and were used in determining the final valuation offer, 4. provide that a property owner shall disclose to the entity seeking to acquire the property any and all current appraisal reports produced or acquired by the property owner relating specifically to the owner's property and used in determining the owner's opinion of value, 5. mandate that the initial offer to purchase made by an entity must also include: (a) a copy of provisions of law relating to various disclosures of values (b) a written estimate of the fair market value of the property and the amount of damages to the property owner's remaining property, if any, that will result from the acquisition; and (c) a statement that the property owner has a right to make a written request to the entity for certain valuation ' evidence regarding the property and adjacent properties; 6. provide for deadlines and procedures under which an entity must provide the information requested by a property owner under (5)(c), above; 76 mandate that an entity that wants to acquire real property for a public use shall provide to a property owner at least two written offers proposing a purchase or lease of the property, as the entity determines in good faith is appropriate, and that the last offer the entity intends to make shall be in writing and be designated on its face as such; 8. provide that after a property owner receives an offer from an entity proposing to acquire the owner's property for a public use, the property owner may request that the entity procure an appraisal report about the property by an independent and certi. appraiser chosen by the property owner; 9. require an entity to negotiate in good faith to acquire the property through a voluntary purchase or lease agreement, with good faith being defined as compliance with the bill's requirements; id 10. prove that a condemnation petition must state with specificity the public purpose for which the entity intends to use the property; 11. provide that the judge of a court in which a condemnation petition is filed shall provide each party a reasonable period to strike one of the three special commissioners appointed by the judge, with the court appointing a replacement; 12. require an entity to disclose in writing to the property owner, at the time of acquisition of the property through eminent domain, that: (a) the owner or the owner's heirs, successors, or assigns may be entitled to repurchase the property or request from the entity certain information relating to the use of the property and any actual progress made toward that use and (b) that id to the owner by the entity at the time the repurchase price is the price pa the entity acquired the property through eminent domain; 13. provide that, if a court finds that the condemnor did not negotiate in good faith to acquire the property, the condemnor shall pay costs and attorney's fees; 14. modify the current provisions that allow a property owner to repurchase the property by providing for repurchase if: (a) the public use for which the property was acquired through eminent domain is canceled; (b) no actual progress is made toward the public use for which the property was acquired between the date of acquisition and the tenth anniversary of that date; or (c) the property becomes unnecessary for the public use for which the property was acquired; 15. define the term "actual progress" as being the completion of two or more items in a list of expressly enumerated actions; 16. mandate that, not later than the 180th day after the date an entity that ' acquired a real property interest through eminent domain determines that is entitled to repurchase the property, the entity the former property owner shall send a notice to the property owner of that fact; 17. provide that, on or after the tenth anniversary of the date on which property was acquired by an entity, a property owner or the owner's heirs, successors, or assigns may request that the condemning entity make a determination and provide a statement and other relevant information regarding whether the property will be used for its intended purpose, among other information; and 18. make all common carrier pipelines subject to the restrictions in current law regarding the use of eminent domain for economic development. (Note: this bill is identical to H.B. 4 by Orr.) S.B. 537 (Carona) — Wiretaps: would permit a peace officer to apply to any judge of competent jurisdiction —not just district or appellate judges as current law provides —to authorize a wiretap. S.B. 539 (Estes) —Parks Funding: would reduce by 21 percent the amount of sporting goods sales taxes that are directed to the Texas Parks and Wildlife Department for parks funding, sending the money instead to the General Land W r Office to assist with beach erosion. The result would likely be an equivalent 21- in money that is allotted for local parks grants. percent reduction S B 544 (Ellis) — Statewide Smoking Ban: would: (1) prohibit smoking in most public places, in places of employment, in seating areas at outdoor events, or within 15 feet of an enclosed area in which smoking is prohibited; (2) provide that the bill's provisions preempt and supersede a local ordinance, rule, or regulation that prohibits smoking to a lesser degree; (3) provide that a local ordinance, rule, or regulation that prohibits or restricts smoking to a greater degree than the bill is not preempted; (4) require the Texas Department of .State Health Service to annually request other government agencies to establish local operating procedures to comply with the bill, including urging all federal, state, county, and municipal governments, as well as independent school districts to update existing smoking control regulations to be consistent with the current health findings regarding secondhand smokes and (5) require any entity that grants business licenses, including a city, to provide notice of the state smoking law to each license applicant. (Companion bill is H.B. 5 by Crownover.) S B 551 (Carona) —Street Gangs: would make a street gang or member of a street gang liable for: (1) damages arising from gang activity, including increased cost of governmental services and loss of property tax revenue due to decreased value of property; and (2) damages stemming from injury to a neighborhood or community injured by a public nuisance arising from the street gang's activity. S J R 18 (Ogden) —Transportation Funding: would amend the Texas Constitution to: (1) allow the legislature to authorize the Texas Transportation Commission, with approval of the legislature, to designate as a transportation finance zone an area that is adjacent to the right -of --way of an existing or proposed state highway if the commission has issued and sold obligations or entered into credit agreements to finance the highway, and (2) provide that all proceeds from the state sales taxes collected in the zone may be deposited to the credit of a separate account to be used only for the purpose of paying the principal of and interest on obligations or a related credit agreement used to finance the project. (Note: please see S.B 505, above.) TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. For further information contact the TML Legislative Services Department 1821 Rutherford lane, Suite 400, Austin, Texas 78754-5128 • 512-231-7400, Fax 512-231-7490 www.tml.org 10:49 AM 02/02/09 Accrual Basis Sanger Area Chamber of Commerce Profit & Loss January 1 through February 2, 2009 Ordinary Income/Expense Income Hotel / Motel Tax Membership Dues Total Income Expense Awards & Membership Banquet Insurance Building Insurance Total Insurance Miscellaneous Helium Tank Rental Total Miscellaneous Office Cleaning Window Cleaning Total Office Cleaning Office Expense Copier Lease Phone Postage Supplies Total Office Expense Payroll Taxes Quarterly Payroll Taxes Payroll Taxes - Other Total Payroll Taxes Property Taxes Sanger Education Foundation Utilities Electric & Water Gas Total Utilities 6560 Payroll Wage Expense Total Expense Net Ordinary Income Other Income/Expense Other Income CoSery Capital Credit Refund Uncategorized Income Total Other Income Net Other Income Net Income Jan 1 -Feb 2, 09 1,767.28 19,415,00 21,182.28 598.85 45.00 45.00 13.75 13.75 100.00 227.24 168.00 84.69 579.93 3.60 114.75 118.35 21412,13 21000, 00 141.89 62.27 204.16 11500, 00 7,552.25 13,630.03 0.78 192.00 192.78 192.78 13,822.81 Page 1