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03/02/2009-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, MARCH 29 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: February 17, 2009 -Work Session (Page 1-3) February 17, 2009 - City Council (Page 4-6) b) Disbursements (Page 7-32) c) Authorize City Manager to Notify Lessor at 125 Bolivar That Their Current Lease is Being Terminated as per the Lease Agreement and Authorize City Manager to Renegotiate the Lease d) Approve Interlocal Agreement Between the City of Sanger, Texas and Denton, County, Texas for Rental of Voting Machines and Equipment and the Purchase of Voting Supplies (Page 33-36) 4. Consider any Items Removed from Consent Agenda. 5. Consider and Possible Action on Preliminary Plat of the S&T Addition, 0.433 Acres, Located at 511 S. 7'' Street. (Page 37-38) 6. Approve 4B Purchase of Approximately 40 Acres From Eagle Farms Investments at $4,000/Acre for Development of a Sports Park. (Page 39) 7. Information Items: (Page 40) a) Legislative Updates (Page 41-68) 8. 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 Ci1�,q#i,��er, Texas, a place convenient and readily accessi le t� the eneral pi at alkt# ri and;A.a d•,Notice was posted on the following date and time: U ; ,t r(: p.m. and shall remain posted until m e ing is adjourned. Rosalie Chavez, City etary City of Sanger, Texas ,Y /j11111t1,u1i1 This notice was removed from the official bulletin board on a4rC /1 �{ at Dk', uo C' (="" by ('a MINUTES: CITY COUNCIL, WORKSESSION February 17, 2009 MEMBERS PRESENT: Mayor Pro-Tem Glenn Ervin, Councilman Robert Patton, Councilman Mike Walker, Councilman Thomas Muir MEMBERS ABSENT: Mayor Joe Higgs, Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Rose Chavez City Secretary/Asst. City Manager, City Engineer Rob Woods, Director of Developer Services Joe Iliff i. Call Meeting to Order. Mayor Pro-Tem Ervin called meeting to order. 2. Discussion on Implementing an Annual Road Reconstruction Program. City Manager discussed the implementation of an annual road reconstruction program. He expressed a concern that the City can't sell enough bonds to keep up with capital improvements for the reconstruction of streets in Sanger. The streets in Sanger have been a major issue. The one thing that can be done to ease the burden for the next few years, in an effort to get caught up, is for the City to do some road reconstruction on existing roadways. City Manager discussed the opportunity for the City to purchase an asphalt zipper. This piece of machinery mills the existing surface and creates a solid base that will allow for the overlay on the street. The savings for the City is that City employees can do the road mill to create the base for the overlay. The overlay can then be contracted at a lesser cost. The City Manager continued with a discussion concerning the cost savings to the City. He advised the Council that a company did come and demonstrate the machine. They worked on Pecan Street and staff was impressed by the end result. A new machine runs about $90,000, and Denton County has one for sell for $50,000. The County wants to sell this equipment since it did not meet their needs for their construction projects. The machine has about 1 V2 hour of time used. In his opinion this is the best way to proceed in an effort to get caught up with street repairs. The purchase of this equipment will allow the City to implement a program for street construction. The first area they would like to work on is Holt and Berry. Discussion continued concerning the cost to rent a front end loader to be able to use the asphalt zipper, and allocation of funds for the purchase. The life span for this equipment is 1045 years. City Manager advised if the Council did not have any objections, he would like to proceed with the purchase of this equipment. 3. Discussion on Purchasing of Property by the 4A Board for Economic Development Purposes, City Manager advised that this property (103 Bolivar) has been vacant for a long time. There have been several companies who were interested in the building, but those have fallen out. The owner had contacted him sometime in December and wanted to know that if the sale price was reduced significantly would the City be interested in purchasing the property. He advised the owner that from the City's standpoint we would not be interested, however, from an economic development perspective it might be a possibility. He scheduled a meeting with the 4A Board and they agreed that the City Manager pursue the purchase of this property. He negotiated a price of $825,000 for the purchase of this property, and after another scheduled meeting of the 4A Board the members agreed to move forward with the purchase. The City Manager advised he called the owner to let him know. At that time, the owner notified him he had received another proposal from a potential buyer with a range of creating 100 jobs. This was the intent of the 4A Board in purchasing this property for economic development. The realtor advised him today that the property is still in sale negotiations with the potential buyer. Councilman Muir inquired on the square footage of the building. City Manager advised the building has 51,000 square ft. There was a discussion concerning the improvements that have been made to the building, which included a new roof. City Manager also advised that Elk River had contacted him concerning the marketing of this property on a national level. He advised that either way, this is good move for the City. Discussion continued concerning financing and the interest rates. City Manager advised that Prosperity Bank had the best interest rate of 4.6% for a 15 year term. 4. Discussion on Wholesale Electric Purchase Options. The City Manager discussed that on the regular agenda this is an action item for the Council to authorize him to research alternative wholesale electric providers and to notify Brazos of the City's intent to switch providers. He has talked to other providers concerning locking in a base rate. The current agreement with Brazos specifies a 3 year notice to terminate contract. Brazos is willing to let the City terminate the contract at a cost. The savings to switch providers will outweigh the cost to get out of the contract. City Manager recommended this is the time to make the move. He has been in discussion with AEP who is one of the largest nationwide electric producers and suppliers of electricity. He indicated that if the City could get a locked rate it will also benefit the customers. Councilman Patton asked the City Manger if he had any idea on now much the buy- out would be. City Manager advised the buy-out cost is estimated to be $350,000 and represents the estimated demand charge for this summer. He advised that this cost will be made up the first year in the savings. He discussed the buy-out could possibly be paid over a year. The discussion continued concerning the buy-out agreement with Brazos and the possibility of paying a lesser amount. Councilman Patton indicated that in the utility audit conducted by Mr. Baines he had recommended the City conduct a rate analysis since the City was not making any money. City Manager advised he had conducted a rate analysis last year and with the economy taking such a hit, it was put on the shelf. He did not think Council would consider raising the rates at that time. 5. Overview of Items on Regular Agenda. There were no other items discussed. 6. Adjournment. Mayor Pro-Tem adjourned the meeting. MINUTES: CITY COUNCIL MEETING February 17, 2009 MEMBERS PRESENT: Mayor Pro-Tem Glenn Ervin, Councilman Robert Patton, Councilman Mike Walker, Councilman Thomas Muir MEMBERS ABSENT: Mayor Joe Higgs, Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Rose Chavez City Secretary/Asst. City Manager, City Engineer Rob Woods, Director of Development Services Joe Iliff 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Pro Tem called meeting to order, Councilman Muir led invocation, followed by Councilman Walker 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. None CONSENT AGENDA 3. a) Approve Minutes: January 20, 2009 -City Council b) Disbursements Councilman Patton made the motion to approve the Consent Agenda as presented. Seconded by Councilman Muir. Motion carried unanimously. 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. Councilman Muir made the motion to authorize the City Manager to research alternative wholesale electric providers and notify Brazos of the City's intent to switch providers. Seconded by Councilman Walker. Motion carried unanimously. 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". Joe Iliff, Director of Development Services addressed the Council and advised that the Sign Committee reviewed ordinances from several other communities for functional structure and adapted the contents to reflect Sanger's unique characteristics. He discussed that the commission expressed that the pole signs were too limited geographically. Their suggestion was that more areas be available for pole signs. Mr. Iliff continued to discuss the pole sign regulations. He also advised the Planning and Zoning Commission met February 9th to review and comment on the proposed regulations. Discussion continued and concerns were expressed by Council concerning the pole signs regulations. The restrictions and limitations in Table # 1 of the ordinance were also discussed. Councilman Muir made the motion to approve Ordinance #02-01-09 Amending Chapter 3, Building Regulations, in the Code of Ordinances by Repealing Article 3.14 in its Entirety and Adopting Article 3.14 as presented in Exhibit "A" that is included in the Council packet. Seconded by Councilman Patton. Motion carried unanimously. 7. Consider and Possible Action on Ordinance #02-02-09 -Ordering an Election of the Qualified Voters of the City of Sanger, on the 9`h 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, City Secretary advised this is the normal procedure to call the election, which will bIL; held at the Community Center. The Department of Justice has already cleared this location. This will be a joint election with the Sanger Independent School District. Councilman Walker made the motion to approve Ordinance #02-02-09 ordering an election of the qualified voters of the City of Sanger for May 9th 2009 as stated within the agenda item, and to correct the spelling of the publication. Seconded by Councilman Patton. Motion carried unanimously. 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. Motion was made by Councilman Patton to approve the purchase of the property at 103 Bolivar Street for Economic Development purposes and to make the improvements to Elm Street not to exceed $50,000. Seconded by Councilman Muir. Motion carried unanimously. 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, City Manager discussed that this is part of our 2007 CIP program. The bond funds have already been used to purchase the new building for City Hall and to remodel the old City Hall on Bolivar Street for Public Works. The same funds will be used for these two buildings. He continued with explaining the approval of change orders. A discussion continued concerning the warehouse building, which will be big enough to meet the needs of the future. The buildings will also have masonry exteriors on the street side of the building. Councilman Walker made the motion to approve the agreement with Caliber Construction, Inc., for the design build of a warehouse building for the Electric Department and for a warehouse building for the Water/Wastewater Department; and to also authorize the City Manager and the Engineer to approve change orders not to exceed $30,000. Seconded by Councilman Muir. Motion carried unanimously. 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. Mayor Pro Tem adjourned the meeting. 2/11/2009 2:03 PM PACKET: 02109 TMRS VENDOR SET: 99 BANK GNB99 GNB-ACCOUNTS PAYABLE FUND DOR NAME / I.D. DESC 00100 TMRS I-RET200812311429 TMRS I-RET200901061430 TMRS I-RET200901151449 TMRS I-RET200901161450 TMRS I-RET200901291532 TMRS I-RET200901301533 TMRS I-RET200901301534 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 2/11/2009 R 2/11/2009 R 2/11/2009 R 2/11/2009 R 2/11/2009 R 2/11/2009 R 2/11/2009 CHECK DISCOUNT AMOUNT NO# PAGE: 1 CHECK AMOUNT 13,070.19CR 038942 255.05CR 038942 12,981.37CR 038942 25.57CR 038942 13,240697CR 038942 350615CR 038942 110.09CR 038942 40,033.39 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 40,033.39 40,033.39 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 40,033.39 40,033.39 PAGE: 1 2/11/2009 4:25 PM A / P CHECK REGISTER PACKET: 02111 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND .+DOR NAME / I.D. DESC 01550 ATMOS I-020309 GAS UT JAN 09 11910 BRAD BELL I-200902111548 PARAMEDIC TEST 18190 DEPARTMENT OF INFORMATION RESOURCE I-NOV08 NOV 08 LONG DISTANCE 05510 IESI I-JAN09 JAN 09 19160 WORKERS ASSISTANCE PROGRAM, INC. I-012109 WORKERS ASSISTANCE 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 2/11/2009 R 2/11/2009 R 2/11/2009 R 2/11/2009 R 2/11/2009 NO# DISCOUNTS 5 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 CHECK CHECK DISCOUNT AMOUNT NO#k AMOUNT 253644CR 038943 253.44 ll0.00CR 038944 110.00 49.72CR 038945 49.72 431225.59CR 038946 43,225,59 154.86CR 038947 154.86 CHECK AMT 93,793,61 0.00 0.00 0.00 0.00 0.00 0.00 93,793.61 TOTAL APPLIED 43,793.61 0.00 0.00 0.00 0.00 0.00 0.00 43,793.61 2/12/2009 4:51 PM A / P CHECK REGISTER PACKET: 02118 UT BILLS VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK .ODOR NAME / I.D. DESC TYPE DATE 00600 CITY OF SANGER I-020109 UT BILLS 2/l/09 R 2/12/2009 13280 HCSB I-51 LOAN 4 2004096 #51 R 2/12/2009 13380 SANGER BANK I-43 LOAN # 07071866 00065 443 R 2/12/2009 I-43- ACCT# 07071866 00055 #43 R 2/12/2009 Tl 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: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 39,420.83CR 038954 39,420,83 736.000R 038955 736.00 11120.04CR 038956 11542407CR 038956 2,662.11 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 3 0.00 42,818.94 42,818.94 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 42,818.94 42,818.94 2/13/2009 8:19 AM PACKET: 02120 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND A / P CHECK REGISTER PAGE: 1 DOR NAME / I.D. DESC 02090 CHRISTY PUNCHES I-200902131550 MILEAGE REIMB 04390 DANNY SPINDLE I-JAN09 JAN 09 JUDGE SERVICE 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 NO# R 2/13/2009 40.82CR 038957 R 2/13/2009 700.00CR 038958 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 2 0.00 740.82 740.82 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 2 0.00 740.82 740.82 CHECK AMOUNT 40.82 700.00 2/20/2009 1:20 PM A / P CHECK REGISTER PAGE: 1 PACKET: 02133 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK .rDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 15100 JOSH BISHOP I-200902191551 MEALS FOR 2/23-2/24/09 R 2/20/2009 25.00CR 038999 25.00 11570 CULLIGAN I-02621270 WATER BOTTLE SERVICE R 2/20/2009 9.09CR 039000 9.09 03150 VICTORIA ELIESON I-200902201552 REIMB FOR DENT CO MEETING R 2/20/2009 33.04CR 039001 33.04 02490 EMBARQ: PHONE SERVICE I-200902201553 PHONE SERVICE R 2/20/2009 1,632.72CR 039002 1,632.72 03450 NTCCA I-022509 TRAINING FOR PUNCHES R 2/20/2009 25.00CR 039003 25.00 11170 RICOH AMERICAS CORP:QDS I-13632502 COPY MACHINE AGREEMENT R 2/20/2009 214.32CR 039004 214.32 18620 STERICYCLE I-4000469403 BIO PICK-UP NOV O8 R 2/20/2009 14.16CR 039005 14.16 15250 SUDDENLINK I-021209 INTERNET SERVICE R 2/20/2009 109.95CR 039006 109.95 20230 TIER TWO CHEMICAL REPORTING PROGRAM - ZZ109-180 I-2008 2008 TIER TWO REPORT R 2/20/2009 50.00CR 039007 50.00 02920 US POSTAL SERVICE I-2009 ANNUAL RENEWAL BOX 1729 R 2/20/2009 306.00CR 039008 306.00 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 10 0.00 21419.28 21419.28 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: 10 0.00 21419,28 21419,28 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET d. 2 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01830 NOR-TEX COMMUNICATIONS I-15487 001-15-5310 R & M BUILDIN ACTIVATED JACK 23 CANDACE 000000 47.50 99-01920 NICHOLS, JACKSON, DILLA I-10900016 001-15-5425 LEGAL SERVICE GENERAL LEGAL SERVICES 000000 592.00 99-06490 DENTON REGIONAL MEDICAL I-020509 001-15-5180 MEDICAL/PHYSI ESCREEN - TABOR 000000 19.00 99-18190 DEPARTMENT OF INFORMATI I-DECO8 001-15-5510 TELEPHONE SER LONG DISTANCE DEC 08 000000 12.35 99-18420 EMERGENCY COMMUNICATION I-7291-2 001-15-5235 DUES AND REGI 6 MONTHS WEATHER WARNING 000000 101.55 DEPARTMENT 15 ADMINISTRATION TOTAL: 772.40 -------------------------------------------------------------------------------- 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 PUBLIC WORKS ADMIN. BUDGET TO USE: CB -CURRENT BUDGET VL IR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-18190 DEPARTMENT OF INFORMATI I-DEC08 001-18-5510 TELEPHONE SER LONG DISTANCE DEC 08 PAGE: 2 BANK: SB99 CHECK# 000000 AMOUNT 2.06 DEPARTMENT 18 PUBLIC WORKS ADMIN. TOTAL: 2.06 ------------------------------------------------------- -...... ----------------------------------- 2/23/2009 4:41 PM PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BUDGET TO USE: CB -CURRENT BUDGET VL tR NAME ITEM # 99-06490 DENTON REGIONAL MEDICAL I-020509 99-08770 CPI OFFICE PRODUCTS I-2205665-0 I-2205665-0 I-2205665-0 I-2205665-0 99-14560 C G G PIHOLESALE I-30490 I-30515 I-30522 I-30522 I-30522 I-30522 I-30522 99-18190 DEPARTMENT OF INFORMATI I-DEC08 99-18380 R&T MECHANICAL I-18287 99-18420 EMERGENCY COMMUNICATION I-7291-2 99-18740 CHILD SMART ID I-93 99-18790 FUELMAN I-NP1695II8638 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION ------------------ PAGE: 3 BANK: SB99 CHECK# AMOUNT 001-20-5180 MEDICAL/PHYSI PRE -EMPLOY - BARD 000000 108.00 001-20-5210 OFFICE SUPPLI DVD-RG7 000000 39.89 001-20-5210 OFFICE SUPPLI DVD-R 000000 25.52 001-20-5210 OFFICE SUPPLI HD STAPLER 000000 75.99 001-20-5210 OFFICE SUPPLI HP-27 INK 000000 37.98 001-20-5255 P7EARING APPAR S/S SHIRT - CARL PARKER 000000 33.49 001-20-5255 WEARING APPAR CARL PARKER UNIFORMS 000000 88.98 001-20-5255 BEARING APPAR UNIFORM PANTS 000000 156.95 001-20-5255 WEARING APPAR LONG SLEEVE SHIRTS 000000 91.98 001-20-5255 BEARING APPAR SHORT SLEEVE SHIRTS 000000 319.92 001-20-5255 BEARING APPAR BUTTONS L ZIPPERS 000000 75.00 001-20-5255 BEARING APPAR SHIPPING 000000 11.00 001-20-5510 TELEPHONE SER LONG DISTANCE DEC OB 000000 13.28 001-20-5310 REPAIR & MAIN AC REPAIR AT POLICE DE PT 000000 160.00 001-20-5235 DUES AND REGI 6 MONTHS G7EATHER WARNIDIG 000000 203.13 001-20-5210 OFFICE SUPPLI POLICE ID-PARKER,V7ARD, DOD 000000 28.00 001-20-5320 MOTOR VEHICLE FUEL 2/2 - 2/8/09 000000 410.27 DEPARTMENT 20 POLICE TOTAL: 1,879.38 ------------------------------------------------------------------------------ 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 PACKET: 02137 Regular Payments - VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL R NAME ITEM N G/L ACCOUNT NAME DESCRIPTION CHECK4 AMOUNT 99-06490 DENTON REGIONAL MEDICAL I-020509 001-22-5180 MEDICAL/PHYSI PRE -EMPLOY- DODSON 000000 108.00 99-18340 FIRST ADVANTAGE BACKGRO I-7750YD0901 001-22-5182 BACKGROUND CH BACKGROUND CHECK-DODSON 000000 15.50 DEPARTMENT 22 ANIMAL CONTROL TOTAL: 123.50 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: S999 BUDGET TO USE: CB -CURRENT BUDGET VL R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08460 DELL COMPUTERS, LLP I-632292276 001-24-6025 COMPUTER HARD DELL SERVER 000000 398.00 99-10990 BEARDS STORAGES I-2009 001-24-5345 LEASE EQUIPME 12 MONTH LEASE 000000 600.00 99-18420 EMERGENCY COMMUNICATION I-7291-2 001-24-5235 DUES & REGIST 6 MONTHS WEATHER WARNING 000000 203.13 99-18790 FUELMAN I-NP164588638 001-24-5320 MOTOR VEHICLE FUEL 2/2 - 2/8/09 000000 86.87 99-20160 PARLEY FIRE EQUIPMENT I-114300 001-24-5260 SAFETY EQUIPM DOUBLE THREADED FITTING 000000 269.90 I-114300 001-24-5260 SAFETY EQUIPM SHIPPING 000000 28.95 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 11586.85 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08770 CPI OFFICE PRODUCTS I-2208357-0 001-25-5210 OFFICE SUPPLI BOXES 000000 46.02 I-2208357-0 001-25-5210 OFFICE SUPPLI BLK INK 000000 114.95 99-17260 QUEST CARE I-0109 001-25-5235 DUES & REGIST MEDICAL CONTROL JAN 09 000000 500.00 99-18420 EMERGENCY COMMUNICATION I-7291-2 001-25-5235 DUES & REGIST 6 MONTHS WEATHER WARNING 000000 203.13 99-18790 FUELMAN I-NP164588638 001-25-5320 MOTOR VEHICLE FUEL 2/2 - 2/8/09 000000 84.95 DEPARTMENT 25 AMBULANCE TOTAL: 949.05 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL ,R NAME ITEM It G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ------------------------ ------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------- ------------------------------------------------------------------- 99-08770 CPI OFFICE PRODUCTS I-2205751-0 001-26-5210 OFFICE SUPPLI TONER TN350 000000 131.58 I-2205751-0 001-26-5210 OFFICE SUPPLI AIR DUSTER CLEANER 000000 5.18 I-2205751-0 001-26-5210 OFFICE SUPPLI FAX INK 000000 33.99 99-15730 DENTON COUNTY CLERK OF I-200902231554 001-26-5742 CASH BONDS CO APPEAL BOND - GARCIA 000000 334.00 99-18100 AMERICAN MUNICIPAL SERV I-3537 001-26-5745 MUNICIPAL SER WARRANT COLLECTION 000000 301.20 99-18190 DEPARTMENT OF INFORMATI I-DEC08 001-26-5510 TELEPHONE SER LONG DISTANCE DEC 08 000000 4.48 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 810.43 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 DEVELOPMENT SERVICES BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET ,R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02970 OFFICE DEPOT I-463944326-001 001-28-5210 OFFICE SUPPLI OFFICE SUPPLIES 000000 119.84 99-17640 DOLLAR GENERAL I-101733- 001-28-5210 OFFICE SUPPLI CUPS,SPOONS,BLEACH,SOAP 000000 52.55 99-18190 DEPARTMENT OF INFORMATI I-DEC08 001-28-5510 TELEPHONE SER LONG DISTA14CE DEC 09 000000 4.11 DEPARTMENT 28 DEVELOPMENT SERVICES TOTAL: 176.50 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V.. A NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-06490 DENTON REGIONAL MEDICAL I-020509 001-30-5180 MEDICAL/PHYSI ESCREEN - LEES 000000 12.67 99-18190 DEPARTMENT OF INFORMATI I-DEC08 001-30-5510 TELEPHONE SER LONG DISTANCE DEC O8 000000 1.13 99-18420 EMERGENCY COMMUNICATION I-7291-2 001-30-5235 DUES AND REGI 6 MONTHS WEATHER WARNING 000000 203.13 99-16790 FUELMAN I-NP164588638 001-30-5320 MOTOR VEHICLE FUEL 2/2 - 2/8/09 000000 153.32 DEPARTMENT 30 STREETS TOTAL: 370.25 2/23/2009 4:41 PM PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BUDGET TO USE: CB -CURRENT BUDGET VL R NAME ITEM # ------------------------ 99-04160 COMET CLEANERS I-328368 99-06490 DENTON REGIONAL MEDICAL I-020509 99-11220 BSN/COLLEGIATE PACIFIC I-92989724 I-92989724 I-92989724 I-92989724 99-18190 DEPARTMENT OF INFORMATI I-DEC08 99-18790 FUELMAN I-NP169588638 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ------------------------------------------------- ---------------------------------- ---- 001-32-5329 CHRISTMAS LIG CLEANING SANTA SUIT 000000 25.00 001-32-5180 MEDICAL/PHYSI ESCREEN - LEES 000000 12.66 001-32-5343 BALL FIELD MA 100' HOSE 000000 193.49 001-32-5343 BALL FIELD MA PRO 1" NOZZLE 000000 62.99 001-32-5343 BALL FIELD MA BASE ANCHOR PLUGS 000000 91.76 001-32-5343 BALL FIELD MA ANCHOR CLEAN OUT TOOLS 000000 15.82 001-32-5510 PHONE SERVICE LONG DISTANCE DEC OB 000000 1.13 001-32-5320 MOTOR VEHICLE FUEL 2/2 - 2/8/09 000000 78.70 DEPARTMENT 32 PARKS TOTAL: 481.55 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 FLEET SERVICES BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL ,2 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18190 DEPARTMENT OF INFORMATI I -DECOR 001-36-5510 TELEPHONE SER LONG DISTANCE DEC O8 000000 2.07 DEPARTMENT 36 FLEET SERVICES TOTAL: 2407 2/23/2009 4:41 PM PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 40 SULLIVAN CENTER BUDGET TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 BANK: SB99 VL JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECKi# AMOUNT 99-18190 DEPARTMENT OF INFORMATI I-DEC08 001-40-5510 TELEPHONE SER LONG DISTANCE DEC 08 000000 0.80 DEPARTMENT 40 SULLIVAN CENTER TOTAL: 0.80 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL ;R ------------------------------------------------------------------------------------------------------------------------------------ NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK4 AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 99-00450 SUPER SAVE I-021809 001-42-5310 R & M BUILDIN GAL DISTILLED PLATER 000000 0.92 I-021809 001-42-5310 R & M BUILDIN ANT SPRAY 000000 2.84 I-021809 001-42-5310 R & M BUILDIN LIGHTER FLUID 000000 2.28 I-021809 001-42-5310 R & M BUILDIN PAPER PLATES 000000 1.38 I-021809 001-42-5310 R & M BUILDIN LIGHT BULBS 000000 1.02 99-02140 RADIO SHACK I-10035008 001-92-5310 R & M BUILDIN KEY 000000 1.99 99-02170 REINERT PAPER & CHEMICA I-229520 001-42-5245 OTHER OPERATI TRASH BAGS,BLEACH 000000 26.53 99-03800 DEMCO I-3462365 001-42-5270 PROGRAMS AND BORROWER CARDS 000000 85.00 I-3462365 001-42-5270 PROGRAMS AND BARCODES 000000 26.35 I-3462365 001-42-5270 PROGRAMS AND SHIPPING 000000 29.26 99-03930 THE LIBRARY STORE, INC. I-731901 001-42-5270 PROGRAMS AND CD CASES 000000 89.00 I-731901 001-42-5270 PROGRAMS AND CASSETTE AUDIO BOOK CASE 000000 3.25 I-731901 001-42-5270 PROGRAMS AND SHIPPING 000000 9.58 S 50 THE PENWORTHY COMPANY I-235860 001-42-5227 .BOOKS & OTHER 19 BOOKS 000000 304.57 99-10760 BRODART CO I-B389766 001-42-5227 BOOKS & OTHER PAGAN STONE 000000 5.54 99-18190 DEPARTMENT OF INFORMATI I-DECO8 001-42-SS10 TELEPHONE SER LONG DISTANCE DEC 08 000000 0.64 DEPARTMENT 42 LIBRARY TOTAL: 590.15 FUND 001 GENERAL FUND TOTAL: 71744.99 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. ;R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECKIf AMOUNT 99-01.830 NOR-TEX COMMUNICATIONS I-15487 008-15-5310 R & M BUILDIN ACTIVATED JACK 23 CANDACE 000000 47.50 99-01920 NICHOLS, JACKSON, DILLA I-10900016 008-15-5425 LEGAL SERVICE LEGAL SERVICES JAN 09 000000 592.00 99-06490 DENTON REGIONAL MEDICAL I-020509 008-15-5180 MEDICAL/PHYSI ESCREEN - TABOR 000000 19.00 99-18190 DEPARTMENT OF INFORMATI I-DEC08 008-15-5510 TELEPHONE SER LONG DISTANCE DEC 08 000000 12.35 99-18420 EMERGENCY COMMUNICATION I-7291-2 008-15-5235 DUES & REGIST 6 MONTHS WEATHER WARNING 000000 101.54 DEPARTMENT 15 ADMINISTRATION TOTAL: 772.39 2/23/2009 4:41 PM PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 PUBLIC WORKS ADMIN. BUDGET TO USE: CB -CURRENT BUDGET V. ;R NAME ITEM # 99-18190 DEPARTMENT OF INFORMATI I-DEC08 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION ----------------------------------------------------- 008-18-5510 TELEPHONE SER LONG DISTANCE DEC 08 PAGE: 15 BANK: SB99 CHECK# AMOUDIT 000000 2.06 DEPARTMENT 18 PUBLIC G70RKS ADMIN. TOTAL: ^_.06 --------------------------------------------------------------------------------------------------------------------------------- 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 DATA PROCESSING BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE. ,R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-03140 DATA FLOW: CLASSIC COMP I-50485 008-19-5205 DATA PROCESSI W21S AND 1099'S 000000 26075 I-50485 008-19-5205 DATA PROCESSI GI2 AND 1099 FORMS 000000 22.50 I-50485 008-19-5205 DATA PROCESSI ENVELOPES 000000 13.25 I-50485 008-19-5205 DATA PROCESSI SHIPPING 000000 13.59 99-06990 DENTON REGIONAL MEDICAL I-020509 I-020509 99-08770 CPI OFFICE PRODUCTS I-2208349-0 G9-18100 AMERICAN MUNICIPAL SERV I-3548 99-18340 FIRST ADVANTAGE BACKGRO I-7750YD0901 008-19-5180 008-19-5180 008-19-5210 008-19-5745 008-19-5182 MEDICAL/PHYSI ESCREEN FERGUSON 000000 38.00 MEDICAL/PHYSI ESCREEN,PRE-EMPLOY-GARLAN 000000 108,00 OFFICE SUPPLI PENCILS,PENS,HIGHLIGHTERS 000000 79,39 MUNICIPAL SER UTILITY DEBT COLLECTION 000000 381.89 BACKGROUND PH BACKGROUND CHECK -GARLAND 000000 23.00 DEPARTMENT 19 DATA PROCESSING TOTAL: 706.32 ------------------------------------------------------------------ 2/23/2009 4:41 PM PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 FLEET SERVICES BUDGET TO USE: CB -CURRENT BUDGET VE r� NAME ITEM # ------------------------------------- ------------------------------------- 99-18190 DEPARTMENT OF INFORMATI I-DEC08 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAA1E 008-36-5510 DESCRIPTION TELEPHONE SER LONG DISTANCE DEC 08 PAGE: 17 BANK: SB99 CHECK# AMOUNT ----------------------- ------------------------- 000000 2.07 DEPARTMENT 36 FLEET SERVICES TOTAL: 2.07 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 WATER BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL .R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-06490 DENTON REGIONAL MEDICAL I-020509 008-50-5180 MEDICAL/PHYSI ESCREEN - HUCKABEE/LEES 000000 50.67 99-18190 DEPARTMENT OF INFORMATI I-DEC08 008-50-5510 TELEPHONE SER LONG DISTANCE DEC O8 000000 1.14 99-18420 EMERGENCY COMMUNICATION I-7291-2 008-50-5235 DUES & RESIST 6 MONTHS WEATHER WARNING 000000 203.13 99-18790 FUELMAN I-NP164588638 008-50-5320 MOTOR VEHICLE FUEL 2/2 - 2/8/09 000000 356.08 99-20250 STEWART ROSE PROPERTIES I-9003058 008-50-5358 WATER MAIN & REIMB FOR REPAIRS @ FREEZ 000000 512.50 DEPARTMENT 50 WATER TOTAL: 1,123.52 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 02137 Regular. Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 52 WASTE WATER COLLECTION BUDGET TO USE..: CB -CURRENT BUDGET VL A ---------- NAME ITEM # 99-03660 GOHLKE POOL SUPPLY, ------ INC I-71594-1 G/L ACCOUNT NAME DESCRIPTION 008-52-5223 CHEMICAL SUPP CL2 GRANULES BANK: SB99 CHECKN AMOUNT' - - - -------------------- ----------------------- 000000 169.99 DEPARTMENT 52 PIASTE WATER COLLECTION TOTAL: 169.99 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 20 PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 WASTE WATER TREATMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18190 DEPARTMENT OF INFORMATI I-DECO8 008-54-5510 TELEPHONE SER LONG DISTANCE DEC 08 000000 0.87 99-18420 EMERGENCY COMMUNICATION I-7291-2 008-54-5235 DUES & REGIST 6 MONTHS WEATHER WARNING 000000 203.13 99-19480 HUTHER & ASSOCIATES, IN I-32376 008-54-5377 TESTING MONTHLY LAB SAMPLES 000000 620.00 DEPARTMENT 54 WASTE WATER TREATMENT TOTAL: 824.00 2/23/2009 4:41 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02137 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 ELECTRIC DEPARTMENT BUDGET TO USE: CB -CURRENT BUDGET Vt 12 NAME ITEM # G/L ACCOUNT NAME 99-02140 RADIO SHACK I-10028841 008-58-5210 DESCRIPTION ---------------- OFFICE SUPPLI BATTERIES PAGE: 21 BANK: SB99 CHECKN AMOUNT ------------------------------------ 000000 74.89 99-02610 HD SUPPLY, INC I-1121440-00 008-58-5360 SYSTEM MAINTE 30 ATQ 10 FUSES 000000 91.50 99-02690 TECHLINE, INC. I-1940762-01 008-58-5360 SYSTEM MAINTE 40 AMP TYPE T FUSES 000000 147.50 I-1440762-01 008-58-5360 SYSTEM MAINTE 20 AMP TYPE T FUSES 000000 254.00 I-1440762-01 008-58-5360 SYSTEM MAINTE 25 AMP TYPE T FUSES 000000 292.00 I-1440767-00 008-58-5360 SYSTEM MRINTE POLESET 000000 2,042,50 I-1440768-00 008-58-5360 SYSTEM MAINTE AMPACT SHELLS 000000 231.25 I-1440768-00- 008-58-5360 SYSTEM MAINTE AMPACT SHELLS 000000 46.25 I-1440769-00 008-58-5360 SYSTEM MAINTE 100 PHOTO CELLS 000000 450.00 I-3039065-00 008-58-5260 SAFETY EQUIPM FACE SHIELD W/ HARD HAT 000000 148.00 I-3039065-00 008-58-5260 SAFETY EQUIPM ARC FLASH SUIT 000000 709.00 I-3039184-00 008-58-5250 MINOR TOOLS 2 BATTERIES -CRIMPING TOO 000000 261.00 99-02730 TEXAS METER & DEVICE I-85384 008-58-5260 SAFETY EQUIPM 6 CLASS 0 YELLOW GLOVES 000000 105.98 99-04160 COMET CLEANERS I-JAN09 008-58-5255 G7EARING APPAR ELECT DEPT CLEANING 000000 56.25 99-o5350 TX EXCAVATION SAFETY SY I-09-0386 008-58-5235 DUES & REGIST JAN MESSAGE FEES 000000 74.10 99-18190 DEPARTMENT OF INFORMATI I-DEC08 008-58-5510 TELEPHONE SER LONG DISTANCE DEC OB 000000 1.14 99-18420 EMERGENCY COMMUNICATION I-7291-2 008-58-5235 DUES & REGIST 6 MONTHS SdEATHER V7ARNING 000000 203.13 99-18790 FUELMAN I-NP164588638 008-58-5320 MOTOR VEHICLE FUEL 2/2 - 2/8/09 000000 86.80 DEPARTMENT 58 ELECTRIC DEPARTMENT TOTAL: 51275.29 ------------------------------------------------------------------------------------------------------------------------------------ FUND 008 ENTERPRISE FUND TOTAL REPORT GRAND TOTAL: 887564 16,620.63 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE % Regular Special Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal F1 Yes N Not Applicable 0 Yes ETNot Applicable Council Meeting Date: Submitted By: March 2, 2009 Rose Chavez City Manager Reviewed/Approval Initials Date -�-� ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Consider and Approve to Adopt Interlocal Agreement Between the City of Sanger, Texas and the County of Denton, Texas for Rental of Voting Machines & Equipment, and the Purchase of Voting Supplies FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ®BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM This contract allows the City to rent the voting machines, programming, and supplies from the County. The attachment "A" outlines the cost for the contract. If the Sanger Independent School District does have an election this cost will be equally divided. The Council approved the joint election with the School on February 17, 2009 by adopting Ordinance #02-02-09. Sanger Independent School District approved their Interlocal Agreement with the City on February 10, 2009. STAFF OPTIONS & RECOMMENDATION Recommends approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: IN I KU"kCAL AGREEMENT CITY OF SANGER AN AGREEMENT BETWEEN THE CITY OF SANGER, TEXAS AND THE COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING MACHINES & EQUIPMENT, AND THE PURCHASE OF VOTING SUPPLIES. Section 1. Denton County, TCxaS, a corporate body politic, hcrcli,aftcr designated as "the County," represented in this agreement by the Elections Administrator, hereby agrees to rent the following voting machines to the hereinafter -identified organization on the terms stated below. Section 2. The City of Sanger, Texas, 502 Elm Street, Sanger, Texas, hereinafter designated as "Renter," has requested the rental of two (2) Hart eSlate DAU, and four (4) Hart eSlate DRE at $300.00 per machine, various election equipment and supplies, and election programming per the terms stated below or Annex A which is attached for the May 9, 2009 election. Section 3. The City of Sanger :rill deliver to Denton County ro later than March 13, 2009 the ballot text in both English and Spanish by fax to 940-349-3201 or via email to sara.tischlergdentoncounty.com for election progrannning. Section 4. The rental period of voting machines shall commence on the 27th day of April, 2009 and shall not extend to a date which will interfere with subsequent elections for which the County is responsible for providing the voting machines for public uses, and to this end will; in compliance with the Election Code, Section 273.061, obtain a Court Order, at the Renter's expense, permitting the affected voting machine to be cleared and available to the County, no later than the tenth day after the first election for which the voting machines were rented. Section 5. Only voting machines that the County believes to be in safe operating condition will be provided, and the Renter agrees to hold the County harmless for any damages arising from the Renter's use of voting machines. Section 6. Renter agrees to return the voting machines in the same condition as when received, normal and considerate usage wear expected. Renter agrees to reimburse the County for the costs to repair damages to the said machines during such time as the County does not have control custody of said machines. Section 7. The said Early Voting and Election Day machines will be delivered by the County to City of Sanger at the Community Center, 101 Freese, Sanger, Texas, for a delivery fee of $86.00 each for delivery and pickup by the County at said place. Section 8. This contract should be accompanied with a deposit of 90% (see annex A) of the estimated election cost. Contracts received without the deposit will be returned which may 1 jeopardize the availability of equipment for your election. Elections that are cancelled will receive a refund of the deposit less a $75.00 contract processing fee. Section 9 Section 10 on this the [Seal] ATTEST: That this Agreement shall become effective from and after its date of passage. In witness of this Agreement, the County and the Renter affix their signatures day of , 2009. Rose Chavez, City Secretary City of Sanger APPROVED AS TO FORM City Attorney Joe Higgs, Mayor, Sanger, Texas Don Alexander Elections Administrator Denton County, Texas 69 r* N ., cn f11 �l VI � O A 00 A O P •P �O •f� P O lD oa�000a bs � 6rj b9 bs O O O O O I� 0 0 0 0 o G w O C a o � O fS fD m "r1 m b d b �'ri �i b m b 0 O C W 0 'b It " '•d m m m m p C( �. ., O O �• n �, n O ° w ti to 0 � �7 n 0 0 n w n !;Fd O. 'z (x9 U4 i7� O' U�Q 0 .�S v'. .�-.. O v`Yi O O OC p p O rh O O O O cn O O o CO) `� m C7 CD uo vo o r� oo va * c o N Ccvkc� w En v� w b a ° o ° , �V <' C w w 5 CD p` O � n 0 ° � o t�i cn C7 r m � ti ° Ks x° `° d o a �' �' b7 R° UQ CD Ln �� O "� CD m '� � O ,� .� n w .. w r* O. O v��i 0 CDi, N O O O O O O O N O 0 0 0 0 0 0 C� O O O O O O N O C O fA j � b$ r O 6s WA � w Hj bs 69 bs bs tj 69 --• O vA coo N 69 69 Ers O O O 69 69 N N •-• bs •4 P 0 •A C,/i CA c.n O O O Ch -P P p •A CO o a\ c o 0 0 o a\ o cn o 0 0 0 0 0 0 0 o c o 0 o a. c O CA O O O O O (.A O N O O O O O O O O O O O O O a 0 N 69 kn "- p 00 69 63 O 69 6s 69 69 69 69 J 69 69 69 6s bs 69 O 69 O 69 69 69 EH 69 69 o0 69 69 P O O O O O O N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 69 6s 69 69 69 69 69 6s 6s 69 b9 6) E9 69 6s b9 69 6s bs b9 b9 69 6s 69 69 69 O O O O O O o 0 0 o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i A M G W AGENDA ►�Regular ■ . Special„■ t , ■� ►� • • t n Workshop F] Executive F] Public Hearing Reviewed by Legal Not Applicable Council ng 1•te* Submitted March 2, 11• Joseph• City Manager Reviewed/Approval Initials --1 •• • . Date Q ACTION REQUESTED: r']ORDINANCE n RESOLUTION # M APPROVAL ■CHANGEORDER■ AGREEMENT ■ APPROVAL OF ■ AWARD OCONTRACT ■ CONSENSUS ■OTHER AGENDA FINANCIAL SUMMARY MFIGRANT FUNDSROPERATING EXPENSE EIREvENuE ■ [']BUDGETED FINON-BUDGETED BACKGROUND/SUMMARYOF The applicant S&T Custom Homes Inc., has prepared a prelimmary plat for 0.433 acres, located at 511 S. 7th Street. The property is extendsfrom i the c&dac• t at the south1 of •. Street. The property • -t • • • has a single-family• - on applicant has indicated that Streetthe home will be demolished with the subdivision of the property. 'fhe proposed preliminary plat would create two lots, each containing 9,409 square feet. One lot would front • the east, with the other fronting Oak Street1 the west. proposed plat generally conformsto the requirementsof •t • Ordinance. Staff has listed two proposed • 1"t conditions of •• • STAFF OPTIONS & RECOMMENDATION Staff recommends approval of preliminary plat with the conditions Along Plat, applicant • • . • • . standard 1 • ' • being constructed along Oak Street to provide access to proposed Lot 1, and • driveway be constructed concurrently with a dwelling unit or other structure on • List of •p, tt , , , by • Boards, Commissions,or Other Location Map at Aerial Photos Preliminary. • , • il• • Commission recommended ai-orcroval of the PreliminaXj Plat of the S&T i is • tt • Addition with the conditions•/ in the Staff Options i. Recommendation COUNCIL AGENDA ITEM AGENDA TYPE L)! Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable Yes ❑ Not Applicable Council Meeting Date: March 2, 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 Approve 4B Purchase of Approximately 40 Acres From Eagle Farms Investments at $4,000/Acre for Development of a Sports Park, FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM On February 23, 2009 the 4B board approved the purchase of approximately 40 acres for development of a sports park. This is the Porter's property along Clear Creek. The agreed to price is $4000 per acre and the number of acres will be determined by the survey. STAFF OPTIONS & RECOMMENDATION Staff recommends. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: 4B Meeting February 23, 2009. n These forms of reverse intergovernmental aid are discussed in the following sections. When a Texan purchases a product that is subject to the state and local sales tax, the merchant collects the entire tax due and remits it to the state comptroller. The comptroller, in , metropolitan turn, remits the local share back to the appropriate local government (city transit authority, county, and/or special district). For providing this service and for performing other administrative, enforcement, and reporting duties, the comptroller deducts two percent of the local share of the sales tax and deposits that amount in the state's general revenue fund. The two -percent fee is high compared to the same fee in other states. The Texas Municipal League recently conducted a survey of the 24 states in which all cities may adopt a local - option sales tax; 16 states participated in the survey. Only one state charges more than two percent. Another state charges actual cost, not to exceed two percent. All the other states charge one percent or less; five states impose no charge at all. lly. How much is paid by In Texas, the two -percent fee generates $112.3 million annua cities? Cities $76.4 million Transit Authorities $25.7 million Counties $6.7 million Special Districts $3.5 million In mid-2008, TML undertook an effort to determine how much the comptroller's office spends annually to provide sales tax services to local governments. The comptroller's office informed TML that "(t)here can be no separate accounting of what costs are ultimately attributable to local tax administration that would not be arbitrary and potentially misleading," and went on to note that the "Office of the Attorney General, the Legislature itself and other state entities are all involved in the process" of local sales tax administration. Although the comptroller can't calculate the total cost of providing local sales tax administration, it is instructive to calculate the extent to which the revenue generated by the two -percent local government fee covers the comptroller's total annual expenditures for all activities. For the current fiscal year, the comptroller's baseline budget is $220.3 million. Thus, the total local government fee of $112.3 million is enough to cover nearly 51 percent of the According to its Web site, the mission of the Texas Commission on Environmental Quality is "to protect our state's human and natural resources consistent with sustainable economic l is "clean air, clean water, and the safe management of development," and the agency's goa waste." ® 2 One would think that this mission and set of goals would merit substantial funding from the state's general revenue fund. That's not the case. The TCEQ Web site reveals that the 41 agency's revenue comes from the following sources. State General Revenue 1.94% Federal Funds 7.61 % Program Fees 88.41% Other Sources 2.03% Just who pays the "program fees" that constitute the lion's share of TCEQ revenue? To a great extent, cities do. The agency imposes more than 40 different fees on cities; roughly 20 are related to water quality. The revenue from these fees is used to pay for the costs of regulating cities under either federal or state law or both. In other words, cities pay TCEQ to regulate them. Of all the fees, the two that have most impact on cities are the consolidated water quality fee (CWQF), which is imposed on wastewater treatment facilities, and the public health service fee (PHSF), which is paid by suppliers of public drinking water. For those two fees alone, cities paid the following amounts in the most recent state fiscal year. CWQF $7.9 million PHSF $4.2 million Other fees paid by cities (the water quality permit application fee, stormwater permit fees, the solid waste disposal fee, and others) add considerable amounts to state coffers. In fact, cities (through the payment of fees) generate more revenue for TCEQ than does the state's general fund. It has recently come to light that TCEQ's water program fees will be insufficient for fiscal years 2010 and 2011. To address this shortfall there are three options: 1. The legislature could inject more state general fund revenue into the TCEQ water programs. That's not likely to happen. In fact, state general revenue support of TCEQ has fallen from nearly $30 million in fiscal year 2003 to $11 million in the current fiscal year. The state's general fund provided 7.5 percent of TCEQ's revenue in 2003; today it provides less than two percent. 2. TCEQ could reduce its regulatory activities. Again, that's not likely to happen at least in part because doing so would run afoul of federal requirements. 3. The legislature and TCEQ could raise fees, including fees imposed on cities. This will probably be the preferred alternative for state policymakers. Some might say that the fee -dependent financing structure used by TCEQ is fair since cities receive a service for each fee they pay. However, when cities impose fees -for -service on other levels of government, the legislature often acts to prohibit or limit those fees. For example, when the legislature prohibited the imposition of stormwater fees on public institutions of higher education, some lawmaker argued that it's unfair for one level of government to impose a fee on another level. 3 And when the legislature prohibited the imposition of municipal impact fees op school districts (unless a district agrees to pay the fee), the legislature's bill analysis stated that.-.. . impact fees place an undue burden on districts ... payment of impact fees by school districts to cities amounts to a needless transfer of money among public entities and constitutes a de facto tax on school districts. This statement is particularly ironic given that cities pay TCEQ fees and are not exempt from the state's 20-cent-per-gallon gasoline tax. "Public entities" (cities) are paying a state tax each time a police car or fire truck refuels. Local Participation in State Hi�hway Proiects The best way to describe "local participation" is to quote from a state document entitled "Background and Need for Partnering." That document makes the case that the Texas Department of Transportation (TxDOT) faces a funding shortfall because growth in population, vehicle -miles per capita, and total vehicle miles have grown at faster rates than growth in the highway system and growth in revenue available for highway projects. Those trends, according to the report, will continue. To help address this dilemma... TxDOT continues to seek additional ways to fund the state transportation program. For years, TxDOT has partnered with local public agencies to may transportation improvements on state highways. This local participation has come in many forms, including provision of right-of-way, financial contributions, maintenance agreements and other forms... Cooperative partnering between state and local agencies will be needed to meet future transportation needs. RDOT will depend on local and regional leaders to provide both leadership and commitment to help carry projects forward... TxDOT is currently suggesting to local agencies that they consider increasing their participation in TxDOT protects in order to expedite scheduling of locally desired protects. (Emphasis added.) In short, "local participation" may become a "pay -to -play" system imposed by TxDOT on local governments who wish to see highway projects in their area move forward. How much do cities annually contribute in local participation? In recent years, cities have pitched in more than $90 million per year in cash and much more in right -of --way donations and in -kind services. In addition, the state gasoline tax paid by cities accounts for many more millions of dollars paid by cities for the state transportation system. Here's the bottom line. In most states, the state government makes grants to cities to help those cities build and maintain city streets. In Texas, city governments transfer municipal revenue to the state to help pay for the state highway system. 0 i State Fees on Municipal Court Fines Municipal courts in Texas collect funds on behalf of the state for a wide variety of state programs. These state programs range from the Criminal Justice Planning Fund to the Crime Victims' Compensation Fund. In most cases, the fees are imposed on persons convicted of any criminal offense. For these collection efforts, cities are generally allowed to keep some small amount of revenue as reimbursement for the costs incurred to collect the fees and remit them to the state. Many city officials contend that state court costs adversely impact municipal courts in two ways. First, the state's court costs are complicated to administer. While cities can keep a small percentage of the costs as an administrative fee, that amount is not sufficient to reimburse the cities for the bookkeeping and administrative problems connected with this function. Second, when setting an appropriate fine for an offense, a judge must consider the fact that the defendant will also be paying state court costs. As a result, municipal fine revenue is often lower than it would otherwise be because the judge has considered the state court costs when setting a defendant's total fine. Municipal court clerks also point out that the state requires that in the event of a partial payment, the state court costs must be paid first before the city can keep any of the fine. This means that cities must do all the work collecting fines but are not allowed to keep any money until the state court costs have been fully satisfied. In recent years, the number and amount of the state fees collected by municipal courts have grown rapidly. For example, on a typical traffic offense conviction, a municipal court defendant must currently pay $82 in state -imposed fees before any city fine is collected. The following chart is a comparison of the present situation with fees imposed just seven years ago. January 2002 January 2009 Crime Victim Compensation $15.00 $15.00 Judicial/Court $ 2.00 $ 2.00 Personnel Training Fugitive Apprehension Fund $ 5.00 $ 5.00 Consolidated Court Costs $17.00 $17.00 Juvenile Crime/Delinquency $ 0.50 $ 0.50 (Prairie View A&M) . Correction Management $ 0.50 $ 0.50 Institute (Sam Houston State) State Traffic Fine -- $30.00 5 jury Pay State Judges' Salaries Indigent Defense Total $40.00 $82.00 In many ways, municipal court collection of state fees is similar to the state's collection of municipal sales tax. In each case, one level of government is processing a tax/fee levied by another level of government, is remitting it, and is keeping a fee for providing those services. While there are similarities, however, there are also substantial differences. For example, the state doesn't really "collect" the municipal sales tax, it's collected by the merchant. With regard to state fees on municipal court fines, however, a municipal court employee actually collects the fees and bears the brunt of any resulting fee -payer anger. Second, the state controls the level of the municipal sales tax, but cities certainly don't control the level of state fees on municipal fines. So while cities can't unilaterally raise the city sales tax without permission from the state, the state can (and frequently does) increase the amount of state fees that cities must collect and remit. How much state fee/fine revenue do municipal courts collect annually? For fiscal year 2007, the most recent year for which complete information is available, the amount was just over $215 million. Summary What's the grand total amount of reverse intergovernmental aid in Texas? 1. Texas cities pay the state $76.4 million annually to process municipal sales tax returns. Most states charge much less. TML has found the average charge be 0.875 percent. Thus, Texas cities are transferring to the state roughly $43 mitllion more than the norm. 2. Texas cities pay $12.1 million annually to the Texas Commission on Environmental Quality just for the two most significant of that agency's 40 separate fees on cities. 3. Cities pay at least $90 million annually (probably much more) to support the state highway system. 4. at at least 25 percent of the $215 million in state It is not unreasonable to believe th fees annually collected by municipal courts would be retained by cities if it weren't for the imposition of those fees. Thus, cities are probably foregoing another $53.75 million. The annual total is at least $198,000,000, just from these four sources of reverse intergovernmental aid. G' Conclusion Why does this transfer of revenue from cities to the state matter? It matters because'these transfers of resources result in either reductions in municipal services or increased local fees or taxes —most often the local property tax, which is the only general purpose municipal tax that a city council can raise or lower. Texas taxpayers are increasingly concerned about property taxes. It is clear that some of the pressure on the property tax results from reverse intergovernmental aid, a system under which governments that must depend on the property tax (cities) transfer revenue to a level of government (the State of Texas) that has many revenue sources. It's not hard to understand why some state legislators are tempted to turn to cities and ask them to generate revenue for the state. It's much harder to understand why some of those same legislators have been trying for several years to limit the revenue -generating capacity of cities by placing caps on the municipal property tax. House Speaker Joe Straus is the TML Legislator-of--the-Month for January 2009. Speaker Straus represents House District 121 which includes Alamo Heights, Olmos Park, Terrell Hills, Windcrest, and part of San Antonio. First elected in February 2005, Representative Straus was elected Speaker of the House by his peers at the commencement of the 81 sc Regular Legislative Session on January 13, 2009. Speaker Straus has served on the Committee on Economic Development, the Committee on Regulated Industries, and the Committee on Local and Consent Calendars. He also chaired the Subcommittee on Energy Conservation and Efficiency, which developed legislation that put Texas on the cutting edge of energy efficiency. We hope that city leaders across Texas, and particularly those in Speaker Straus's district, will express their appreciation to this outstanding leader. m The Lilly Ledbetter Fair Pay Act of 2009 (S. 181) was passed by Congress on January 27, 2009, and signed by President Obama on January 29, 2009, The Act allows individuals to sue for alleged pay discrimination under the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title Vil of the 1964 Civil Rights Act. The most important change provides that an individual may sue based on each paycheck that was affected by a discriminatory act. Prior law measured the statute of limitations from the date of the actual discriminatory act. This means that current and future employees have almost unlimited time to file certain claims against a city. The text of the bill is available at: _ i . .o��n,;nrPYr Ynrl�h;11=s111-181. The effective date of this Act is backdated to May 28, 2007. The Act was passed in response Loa 2001 Supreme Court opinion. In Ledbetter v. Goodyear Tire and Rubber Co., Inc., the court held that the plaintiff had to file her pay discrimination charge within the statutory time limit based on the discriminatory act, and not on the resulting lowered paychecks. Each city should review its pay practices to ensure they are not discriminatory. Cities should ensure that every pay decision is documented. Pay decision records should be retained indefinitely to be used as possible evidence. 0 H B 1045 (®tto) —Property Taa: would eliminate the requirement that appraisal value notices must include estimated tax liability based on an application of last year's tax rates to this year's appraised value. H B 1047 M lshotel) — Transportation Funding: would provide that: (1) the state highway fund may no longer be used to finance the Texas Department of Public Safety; and (2) money in the state highway fund or loans from the state infrastructure bank may be used only to improve the state highway system. (Companion bill is S.B. 746 by Wentworth*) HOBO 1053 (Mallory Carawavl — Electric Utility Billing: would provide that a provider of electric service to a retail customer, including a municipally -owned electric utility, may not disconnect service or pursue any other collections options for nonpayment of a balance due before the 30th day after the date on which the statement was issued. H B 1054 (Mallory Carawayl —Law Enforcement: would: (1) prohibit a peace officer thsole purose of from stopping or detaining the operator of a motor vehicle for e p determining whether the driver has insurance; and (2) provide that a vehicle operator need n prescribed document in order to establish financial not be identified by name in a statuto responsibility for a vehicle. HOBO 1057 (McClendon) — Employee Leave: would require an employer to: (1) allow an employee to use two weeks of accrued sick or vacation paid leave to care for the birth, adoption, or placement of a foster child; (2) allow an employee to receive two weeks of paid unemployment benefits if the employee does not have paid leave with the employer; (3) post a notice of employees' rights under this law; and (4) reinstate an employee who takes leave under this law. The bill would also provide a civil penalty for an employer who willfully violates this law and provide a cause of action for wages and other employee benefits to an employee whose rights under this law have been violated. (Companion bill is S.B. 692 by Van De Putte.) H B 1059 (Ortiz) — Mandatory Health Benefits: would require a health benefit plan to cover prenatal care and childbirth expenses. 10BO 1063 (Farias) — Gated Communities: would provide that the commissioners court of a county by order may require that each electric gate to a gated community or multiunit housing project be equipped with a gate -operating device that: (1) is approved by the county fire marshal; and (2) will activate the electric gate on the sounding of an emergency vehicle siren. H ide that B 1079 (l�olkhorst) —Community Development Block Grants: would provan applicant for a grant, loan, or award under a Texas Office of Rural Community Affairs (TDHCA) community development block grant program may appeal a decision of the TDHCA executive director by filing an appeal with the TDHCA board. H B lOS7 (Pena) —Criminal Trespass: would create a defense to a criminal trespass prosecution for: (1) a firefighter or emergency medical services employee discharging an official duty under exigent circumstances; and (2) a person employed or acting as an agent for an entity, including an electric or gas utility, who has or is reasonably believed to have consent to enter a property and is performing a duty within the scope of that employment. H B 1092 (Parker) —Property Tax: would permit a number of persons equal to ten percent of county voters who voted in the most recent gubernatorial election to petition to call an election to permit an owner of non -agriculturally appraised property to require that city and county property taxes (but not school taxes) be assessed on the basis of a five-year average of the property's taxable value. (Note: the bill would also. seem to permit the county commissioners court to call such an election, but that authority does not appear to be authorized by the enabling amendment, H.J.R. 55, below.) The bill would also. (1) permit each. property owner to make an election for the alternative tax assessment by filing a request with the chief appraiser by June 15 of a tax year, (2) provide that if an election is made, the assessed value for city and county purposes for the current tax year and for each of the subsequent four tax years is the average taxable value of the property over the five-year period ending with the tax year for which the taxes are imposed (this section of the bill is confusing, and seems to suggest that the benefit ends after four years); and (3) permit a property owner to opt out of the five-year rolling average assessed value in any given year if the property owner pays five years of limited back taxes. (Note: please see H.J.R. 55, below.) H.B. 1103 (Guillen) —Elections: would require the secretary of state to conduct a study to evaluate the feasibility of eliminating the May uniform election date by 2013. 9 H.B. 1104 (Guillen) — Municipal Court: would: (1) require a municipal prosecutor to provide, not later than the 30'' day after a complaint is filed, any evidence pertaining to a criminal case to the defense attorney; (2) require the court to permit a defense attorney to make copies of the evidence; (3) permit a city to assert exceptions to required disclosure that is believed to be confidential by law; and (4) require a municipal prosecutor to supplement or amend this information as needed. (Companion bill is S.B. 661 by Carona.) H B 1105 (Laubenberg) —Professional Services Procurement: would provide that, in procuring architectural, engineering, or land surveying services, a governmental entity shall. (1) base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and (2) if other considerations are equal, give preference to a provider of those services whose principal place of business is in this state or who will manage the contract wholly from an office in this state. H.B. 1106 Bohac) —Property Tax: would permit the city council of a city predominately located in Harris County to adopt a local -option reduction in the property tax appraisal cap from ten percent to five percent. (Note: please see H.J.R. 56, below.) H.B. 1117 (Hochberg) —Elections: would require ballot instructions to clearly indicate to a voter the reasons that a vote may not count or may count in a different manner than intended, including: (1) language clarifying the effect of a straight parry vote where the vote would not apply to all elections on the ballot; (2) the circumstances in which a vote for an individual candidate may override a straight party selection; (3) the impact of improperly marking a paper ballot; and (4) where practicable, a warning that would appear on the screen of an electronic voting system if a voter attempts to take an action that could lead to an unexpected result. overage tor - diagnosis .-• • trealment or serious JIC VILCHLIUal• . i rovided for other medical or surgical conditions. H B 1142 (Anclnia) _Media Production Zones: would permit the creation of "media production development zones" in certain metropolitan areas containing a city with a population of more than 250,000, and would provide that the zone is approved by the Governor's Music, Film, Television, and Multimedia Office, the sale of certain film and media equipment used for the building of sound stages within the zone is exempt from sales taxes. H.B. 1144 (B. Brown) —Elections: would provide that any qualified voter may serve as a poll watcher. I.B. 1155 (McReynolds) —Property Tax: would: (1) permit disabled veterans or their surviving spouses to transfer disabled veteran homestead property tax exemptions to a new property in the middle of a tax year; (2) permit such transferred exemptions to be back -dated 10 Y to January 1 of the year of the transfer; and (3) prorate the exemption on the original homestead for the portion of the tax year before the exemption was transferred. H.B. 1156 (Farabee) — Electric Rates: would provide, subject to some exceptions, that a municipally -owned electric utility shall discount charges for electric service provided to a public school district. H.B. 1158 CTruitt) —Cell Phones: would double the fine for certain traffic violations in cases where the person who committed the offense was using a wireless communication device without the use of a hands -free device at the time of the offense. H.B. 1159 (Kuempel) —Tax Increment Financing: would: (1) permit a city that creates a tax increment finance zone to extend the duration of the zone beyond its original termination date; and (2) give other taxing entities the option to continue to participate in zones which have had their duration extended. (Companion bill is S.B. 313 by Wentworth.) H.B. 1161 (Geren) —Alcohol Regulation: would permit any school district (not just districts located in cities over 900,000 in population as current law provides) to petition a city to establish a 100046ot distance requirement between schools and certain establishments where alcohol is sold. H.B. 1168 (Dutton) — IVlunicipal Court: would: (1) require a municipal prosecutor, upon request by a defendant and subject to certain exceptions and existing rules of evidence, to make available to the defendant multiple types of discovery records related to the case; (2) require the same of the defendant; (3) create sanctions for violations; (4) apply the requirements created to pro se defendants only as required by the court; and (5) give the release requirement precedence over the Texas Public Information Act. (Note: this bill is identical to H.B. 301, also by Dutton.) H.B. 1172 (1Vlartinez) —Property Tax: would grant a partially disabled veteran a residential homestead property tax exemption at a percentage equal to the veteran's disability rating. (Note: please see H.J.R. 59, below.) H.B. 1174 (Hartnett) —Sanitary Sewer Overflows:. would provide that a city may pay damages arising from the backup of the city's sanitary sewer system regardless of whether the city would be liable for the damages under the Texas Tort Claims Act. H.B. 1177 (Guillen) — Legislative Leave: would broaden the applicability of Subchapter A of Chapter 614 of the Government Code, relating to required legislative leave for peace officers and fire fighters, from cities of 200,000 or more in population to cities of 50,000 or more in population. H.B. 1179 (Chavez) —Cell Phone Ban: would prohibit a driver from using a cell phone to read, write, or send a text message while operating a motor vehicle, unless the vehicle is stopped. H J R 54 (Deshotel) —Transportation Funding: would amend the Texas Constitution to provide that, subject to legislative allocation, appropriation, and direction, three -fourths of 11 1 the net revenue from the motor fuels tax shall be used for the sole purpose of constructing and maintaining public highways, and one-fourth of the net revenue shall be allocated to school funding. (Companion bill is S.J.R. 22 by Wentworth.) H J R 55 (Parker) — Property Tax: would amend the Texas Constitution to authorize the legislature to permit ten percent of the number of county voters who voted in the most recent gubernatorial election to petition to call an election to permit an owner of non -agriculturally appraised property to require that city and county property taxes (but not school taxes) be assessed on the basis of a five-year average of the property's taxable value. (Note: please see H.B. 1092, above.) H J.K. 56 (Bohac) — Property Tax: would amend the Texas Constitution to permit the legislature to allow the city council of a city predominately located in Harris County to adopt a local -option reduction in the property tax appraisal cap from ten percent to five percent. (Note: please see H.B. 1106, above.) H J R 59 (Martinez) —Property Tax: would amend the Texas Constitution to authorize the legislature to grant a partially disabled veteran a . residential homestead property tax exemption at a percentage equal to the veteran's disability rating. (Note: please see H.B. 1172, above.) H J R 60 (Leibovaitz) —Parks Funding: would amend the Texas Constitution to require that all revenue from sales taxes on sporting goods be appropriated to the Parks and Wildlife Department. SeBe 18 (Estes) — Eminent Domain: would: (1) provide that "public use," with respect to the use of eminent domain authority, means a use of property, including a use described as "public" by current law, that allows the state, a political subdivision of the state, or the general public of the state to possess, occupy, and enjoy the property; (2) provide that a governmental or private entity may not take private property through the use of eminent domain if the taking is not for a public use; (3) provide that any common carrier pipeline may use the power of eminent domain; (4) require a record vote with specific wording to take each parcel of land through the use of eminent domain; (5) require an entity that wants to acquire real property for a public use to make a "bona fide offer" to acquire the property voluntarily, and provide consequences for failure to do so; (6) require an entity that is not subject to the Public Information Act (such as a common carrier pipeline) and that has the power of eminent domain to disclose certain information to a landowner during an eminent domain proceedings (7) change the standard for determining market value to mean the price a property will bring when offered for sale by a person who desires to sell the property, but is not obliged to sell the property, and is bought by a person who desires to buy the property, but is not under a necessity to buy the property; (8) provide that the special commissioners shall, subject to the Texas Rules of Evidence, admit evidence on the market value (before the condemnation) of the property being condemned, the net change to the market value of the property owner's remaining property considering both injury and benefit to the property owner, and the use of the property for the purpose of the condemnation; (9) for individuals or entities displaced by eminent domain, require a city to provide a relocation advisory service that is compatible with the Federal Uniform Relocation Assistance Advisory Program; (10) require a city, as a cost of acquiring real property, to pay moving expenses and rental supplements, make relocation payments, provide financial assistance to acquire replacement 12 housing, and compensate for expenses incidental to the 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; (11) mod'ify the current -law provisions that allow a property owner to repurchase the property if it isn't used by the condemnor within ten years of the condemnation by providing that the repurchase price is the price paid to the condemnee at the time the property was condemned, and provide that the right is activated if the condemnor fails to begin the operation or construction of the project in the ten-year period; (12) limit the authority of a water and sewer utility (not including a municipal water and sewer utility) to use eminent domain only to acquire property necessary to, among other things, comply with federal and state regulations relating to sanitation; (13) add additional court costs in a condemnation proceeding, (14) provide that a person whose property is taken by eminent domain for an easement may construct streets or roads up to 40 feet wide over the easement; (15) provide that, for property condemned for the state highway system or a county toll project, the special commissioners shall consider any diminished access to the highway and to or from the remaining property to the extent that it affects the present market value of the real property; and (16) include specific additional reforms that apply solely to common carriers. S.B. 496 (Wentworth) — "Qui T'am" Lawsuits: would authorize a private individual to sue a city on behalf of the State of Texas, alleging that the city defrauded the state by making a false claim for state funds or property. S.B. 673 (I3e�ar) —Coastal Erosion: would require a coastal city to formulate a plan to reduce public funds spent on erosion and storm damage losses. S.B. 681 (Ogden) — Electric Utilities: would provide that: (1) the Public Utility Commission (PUC) shall conduct a study to evaluate whether there is a need in this state for electric utilities to improve their ability to restore electric service to customers after a major power outage that is expected to last for more than 24 hours; and (2) on a determination that there is a need in this state for a particular electric utility to improve its ability to restore electric service to customers after a major power outage, the PUC may require the electric utility to maintain. (a) an additional physical interconnection with another electric utility, regardless of whether the electric utilities operate within the same power region, (b) an emergency electricity supply agreement with at least one other electric utility; or (c) a joint restoration procedure with at least one other electric utility. S B 684 (Ludo) —Rural Economic Development: would: (1) create the "Texas Rural Development Fund" as an account in the state's general revenue fund; and (2) provide that money in the account may be spent in rural areas of the state on entrepreneurship programs, regional planning, rural leadership enhancement, and rural youth corps programs. 3.B. 688 (Wentworth) —Residential Development: would, among other things: (1) authorize a school district to mitigate the effects of certain residential development by allowing the Texas Education Commissioner to purchase, for fair market value, a percentage of the real property acreage within the residential development site if the commissioner determines that the development is likely to significantly increase elementary school student enrollment in a school district and that the increase in enrollment warrants the construction of a new elementary school facility to accommodate the increased elementary school population; and (2) provide that a city may not grant final approval of a plat or replat of a 13 residential development or issue permits required for a residential development unless the developer presents evidence of having complied with the mitigating measures. S.B. 690 (Wentworth) — Charter Amendments: would require a city's governing body to submit a proposed charter amendment to election upon receipt of a petition signed by ten percent of the registered voters in the city. (Note.0 current law sets the threshold at five percent of qualified voters.) S.B. 692 (Van De Puttel — Employee Leave: this bill is the same as H.B. 1057 by McClendon, above. S.B. 700 (Patrick) — Property Tag: would do the following: (1) provide that homestead exemptions are effective on January 1 of the tax year in which the person qualifies for the exemption; (2) extend from one year to five years the deadline for filing certain late homestead exemptions; (3) limit property tax appraisals to an amount based on the current use of the property rather than the potential "highest and best use" use of the property; (4) require appraisal notices to include additional comparative information based on the past five years of appraisal history; (5) lower the property tax rollback rate from eight percent to five percent; (6) provide that a city must hold a ratification election to adopt a tax rate that exceeds the five percent rollback rate (as opposed to current law, which requires an election only if a petition is received from the citizens); (7) permit the electronic filing of certain appraisal protests; (8) permit appeals of appraisals to small claims court, instead of district court, if the amount in dispute is within the jurisdictional amount of the small claims court; and (9) provide that decisions on appraisal appeals to small claims court are not further appealable. S.B. 712 (Hegar) —Law Enforcement: would, in cases of certain sexual assault charges: (1) authorize the court or a victim to request an HIV test of a defendant within 48 hours after indictment or waiver of indictment ; and (2) delay the beginning of the 48-hour period if a law enforcement agency cannot locate the defendant at the time of the indictment or waiver of indictment. S.B. 71S (Nichols) — Certificates of Convenience and Necessity: would: (1) require an application to the Texas Commission on Environmental Quality (TCEQ) for a certificate of convenience and necessity (CCN) to provide water or sewer service to include a list of the owners of each tract of land that is at least ten acres in size and is wholly or partially located within the proposed service area; (2) provide that the TCEQ shall require notice to be mailed to each such landowner; (3) provide that a landowner of a tract of at least ten acres of land, any part of which is located in the proposed service area, must consent to the inclusion of the property in the proposed service area before the TCEQ may issue a CCN or an amendment to a CCN for an area that includes that property; and (4) provide that the consent required from the landowner does not apply if the proposed service area is located within the boundaries or extraterritorial jurisdiction of a city with a population of more than 500,000 and the city or a utility owned by the city is the applicant (however, in such a case the landowner is entitled to contest the inclusion of the landowner's property in the proposed service area at a hearing held by the TCEQ regarding the application). S.B. 719 (Nichols) —Water and Sewer ltatemaking: would: (1) remove the ability of a party appealing a ratemaking decision by a city's governing body, including an investor- 14 owned water utility ratemaking appeal t permit the executive appeal. r and utility customers in the ETJ, to request interim rates during a o the Texas Commission on Environmental Quality (TCEQ); and (2) director of the TCEQ to establish interim rates during a ratemaking S.B. 720 (lelichols) —Water and Sewer Utilities: would prohibit a city's governing body or other regulatory authority from considering legal expenses incurred by a non -municipal water or sewer utility in a contested ratemaking case. S.B. 721 (Heger) —Property Tag: would provide that the appraised value of a residential homestead that is the beneficiary of a successful appraisal review board protest (or final appeal from such a protest) may not exceed the reduced value until the second tax year following the protest. S.B. 72S (Carona) —Eminent Domain: would provide that: (1) a condemnation petition filed by a private entity must state that the use for which the property is sought is a public use; (2) with the property owner's consent, a private entity that condemns an easement may, aIs an alternative to paying damages, agree to give the owner an intangible legal right to receive a percentage of the entity's profits associated with the use of the easement; (3) a private entity that seeks an easement through the use of eminent domain must seek a route for the easement that is the least burdensome to the land; and (4) the use of an existing easement that is suitable for the purpose for which the easement is sought is presumed to be the least burdensome route. S.B. 730 (Hear) —Firearms: would: (a) preclude an employer from prohibiting an employee who has a concealed handgun license from transporting or storing a firearm or ammunition in a locked, privately -owned vehicle in a parking lot, garage, or parking area provided for employees; but (b) provide that the bill's restrictions on an employer do not apply to a vehicle owned or leased by the employer and used by the employee, unless the employee is required to transport or store a firearm in the course and scope of duty. S.B. 730 (Watson) —State �ency Fees: would require a state agency, as part of its strategic plan, to: (1) review all agency functions currently funded by general revenue and determine if they could be funded by fees or other revenue sources; (2) review agency functions currently funded by other sources, including fees, and determine whether these sources of revenue could be increased; (3) recommend new or increased fees; and (4) change the way fees are calculated. S.B. 744 (Wentworth) -Property Tag: would: (1) permit certain limited partnerships to qualify for community housing development corporation (CHDO) property tax exemptions; and (2) delete the current -law requirement that housing projects must be built after December 1, 2001 in order to qualify for a CHDO exemption. S.B. 752 (David) —Disposal Wells: would allow a city to protest to the proper state agency the application for an oil or gas disposal well. 15 S.B. 769 (Williams) — Electric Utilities: would allow an electric utility to include in a base rate proceeding the utility's "system restoration costs" and "self-insurance reserves" following weather -related events or natural disasters. S.B. 770 (Wentworth) — Property Tax: would provide that, once granted, a Super -Freeport property tax exemption is continuous and need not be applied for each year. S.B. 771 (Williams) — Property Tax. would provide that: (1) all available information that is specific to a particular property must be taken into account when appraising the property; (2) after successful appeal of a property's appraised value; the appraisal of the property may not increase in the next tax year by more than the preceding five-year average of appraisal increases; and (3) provide that a comparable sale for use by an appraiser must have occurred within six months of the date of the appraisal. S.B. 772 (Williams) —Cell Phones Bans: would prohibit drivers under the age of eighteen from using a wireless communication device while operating a motor vehicle. S.J.R. 22 (Wentworth) —Transportation Funding: this bill is the same as H.J.R. 54 by Deshotel, 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 contacf the TML Legislative Services Department 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5126 512-231.-7400, Fax 512-231-7490 wvrw.tml.org 0 TINE P OPEN MEETINGS ACT House Bill 554 (Menendez) and its companion, S.B. 820 (Duncan), would require cities to mail, at the cities' expense, some council meeting notices to anyone who requests them. February 19, 2009 Number 7 -OTICE I The bills relate to model building codes. The fast part of each bill provides that a city may establish a Model Building Codes Advisory Board to review and recommend the adoption of or amendments to a building code. If the city establishes such a board, the board must include: 1) a builder registered with the state; 2) an architect registered with the state or a building designer; 3) a commercial building contractor; 4) a building facilities manager; 5) an owner or representative of multifamily housing; 5) an owner or manager of anindustrial, manufacturing, or warehouse facility; 7) a licensed engineer; 8) a licensed mechanical, electrical or plumbing engineer; 9} a heating, ventilation, and air conditioning contractor; 10) a licensed master electrician; 11) a licensed master plumber; and 12) a developer active in property development. NOt@ ; When you receive this TML Legislative Update, please make copies of it and distribute them to members of the governing body and to depart- ment heads as appropriate. TML sends only one copy to each city, and we rely on those who receive it to distribute it. Thanks for your help. Published by the Texas Municipal league 1821 Rutherford Lune, Suite 400; Austin, Texas 78754:5128 5 1 2 - 2 3 1 - 7 4 0 0 , Fax 512-231-7490 wevw.iml.org It is unlikely that any small Texas city has all these people living anywhere near the city. The second part of the bills provides that if a city ctModel Building Codes Advisory Board (and, of course, most smallities couldn't), then the must 1) allow any and all persons to register with the city secretary to receive written notice from the city whenever the city will consider the adoption of, or an amendment to, a national model code; and 2) provide such written notice at least 30 days in advance of any action by the city's governing body. The bills provide no funding source for preparing or mailing the notices, even if thousands of people register with the city secretary. The final section of the bills provides that a code or code amendment may generally not go into effect until 30 days have passed. If these bills are enacted, it is likely that many other groups will want to receive written notification of impending city council actions. Pet owners, for example, will certainly want advance notice when the council plans to adopt or amend a leash law. Sign owners CF would certainly want advance, written notice of certain actions. So would neighborhood groups, tow truck operators, city vendors, people who water their lawns, and on and on. In short, these bills could be impossible to carry out in small cities and extremely costly in larger cities. Why are the notice provisions of the Open Meetings Act not enough? H B 9 (Truitt) —Transportation Funding: would enact the Texas Local Option Transportation Act, which as filed would affect a limited number of cities. The bill would: 1. Authorize several new transportation funding methods, ten cents per gallon, a rate ty tax on the sale of motor vehicle fuel, at a rate a local - that would be annually adjusted according to the producer price index, (b ) vement fee in an amount not to exceed $60; (c) a parking option mobility impro of $1 per h regulation and management fee in the amount our/per vehicle for use of a parking space; (d) an annual motor vehicle emissions fee based on the amount of pollutants released by a vehicle, not to exceed $15; (e) a fee for the renewal of a driver's license issued to a county resident; and (f) a new resident roadway impact fee, in an amount not to exceed $250, which would not be limited to the uses of other impact fees in current law. 2 2. Provide that the commissioners court of a county by order may call an election on the issue of authorizing one or more funding methods under the bill for one or more mobility or transportation improvement projects located in the county, including passenger rail, transit, roadway, and freight rail projects. 3. Provide that the commissioners court shall call an election on the issue of authorizing one or more funding methods under the bill on receipt of. (a) a resolution requesting that the election be called that was adopted by the governing bodies of at least two cities that are located partially or completely in the county and contain at least 60 percent of the county's total population; or (b) a petition requesting that the election be called signed by a number of registered voters of the county equal to at least 10 percent of the total number of votes cast in the county for all candidates for governor in the most recent gubernatorial general election. 4. Provide that the commissioners court may not call an election without holding a public hearing on the matter. 5. Provide that the election order and ballot must contain specific information about each funding option and projects to be funded. 6. Provide that an election called under the bill must be held on a uniform election date in May or November or on a general primary election date in March. 7. Limit an election under the bill to no more often than once per year. 8. Provide that the commissioners court may fund a mobility or transportation improvement project under the bill only if the project is determined to be necessary and appropriate by the metropolitan planning organization for the region in which the county is located, and that the court should use its best efforts to ensure that each project selected for inclusion on a ballot benefits contributing political subdivisions in approximate proportion to the amount of revenue collected from each political subdivision. 9. Provide that, at a minimum, the order imposing the method or methods of local - option funding shall specify: (a) the rate or amount of the method or methods approved at the election; and (b) the manner in which each method will be administered, collected, and enforced. 10. Provide that for any method authorized by the bill, the commissioners court, after conducting a public hearing, may by order establish an exemption, waiver, or partial reduction for individuals of low or moderate income who demonstrate significant financial hardship. 11. Mandate that the county establish a Local Option Transportation Fund and shall deposit in the fund the proceeds of any funding method imposed by the county into separate accounts. 12. Limit the use of the money in the Local Option Transportation Fund to: (a) reimbursing or paying the costs of planning, acquiring, establishing, developing, constructing, or renovating a mobility or transportation improvement project for which a method of local option funding was imposed, (b) paying the principal of, interest on, or other costs relating to bonds or other obligations issued by the county or to refund bonds, notes, or other obligations issued by a transit or transportation authority for a mobility or transportation improvement project for which a method of local -option funding was imposed; (c) refunding the costs of 3 operating or maintaining a mobility or transportation improvement project for which a method of local -option funding was imposed; and; (d) funding various other specifically enumerated items. 13. Provide that a county may not be penalized with a reduction in traditional transportation funding because of the imposition of a method of local -option funding under the bill. (Companion is S.B. 855 by Carona. It is likely that legislators will attempt to broaden the applicability of this legislation to more areas of the state.) H.B. 1194 (Dukes) —Propane Utes: would provide that _ a propane utility is considered a "gas utility" for purposes of the Gas Utilities Regulatory Act. (Note: the effect of the bill would be to grant a city original jurisdiction over the rates and services A a propane utility and allow a city's decisions to be appealed to the Texas Railroad Commission.) H.B. 1202 (Rose) —Property Tax: would: (1) require a person seeking a delay, because of hardship, in payment of property taxes pending appeal to give notice of the required court hearing to the tax collector for each taxing entity; and (2) permit a taxing unit to intervene in the court proceeding at which the hardship is considered. H.B. 1205 (Button) — Prope Tax: would permit tax collectors to make refunds of erroneously paid property taxes in amounts up to $5,000 without approval by the city council in a city located in a county over 2,000,000 population. (Companion bill is S.B. 797 by Carona.) H.B. 1206 (Vo) —Cell Phone Ban: would: (1) prohibit a driver from using a cell phone while driving unless the vehicle is stopped or the cell phone is used with a hands -free device; (2) create affirmative defenses for those situations in which the cell phone was being used in an emergency; and (3) provide that the prohibition does not apply to uses in connection with the official duties of emergency response personnel and police. _H.B. 1207 (Vo) —Cell Phone Ban: would prohibit a person from reading, writing, or sending a text message while operating a motor vehicle, bicycle, or electric personal assistive mobility device. _H B 1208 (McClendon) —Rail Relocation Funding: would provide that some of the proceeds from the collection of state franchise and sales taxes on the purchase of taxable items by a rail carrier shall be deposited to the credit of the Texas rail relocation and improvement fund. H B 1211 (C. Howard) -Property Tax: would reduce the annual property tax appraisal cap from ten percent to five percent. (Note: please see H.J.R. 61, below.) n W H.B. 1213 (Rios Ybarra) — Golf Carts: would require the commissioner of the General Land Office to establish rules regarding the way in which a city may regulate the use of golf carts by disabled persons on public beaches. (Companion bill is S.B. 804 by Lucio.) H.B. 1221 it.. Howard) —.Property Tax: would do the following: (1) eliminate the requirement that appraisal value notices must include estimated tax liability based on an application of last year's tax rate to this year's appraised value; (2) require tax assessors to submit the appraisal roll to a city not later than 21 days after the date the appraisal roll is certified to the assessor; (3) require a city to calculate its effective tax rate not later than 30 days after it receives the certified appraisal roll from the assessor; (4) require the person who calculates the effective tax rate to submit the rate to the city council within five days of making the calculation; (5) require the chief appraiser, after receipt of preliminary tax rate information by the city, to send a notice to property owners indicating detailed proposed tax information; (6) extend from 60 to 90 days the deadline for a city to adopt its tax rates after receiving a late certified appraisal roll, (7) provide that if the requirements of number 5, above, are not met due to circumstances beyond the city's control, such as a natural disaster, the city must adopt a default property tax rate for the year that is the lower of the effective tax rate or last year's adopted rate; (8) eliminate the application of the default tax rate provision in cases where the city council fails to meet the statutory deadline for adopting a tax rate (Note: it appears that the confusing provisions in numbers 7 and 8, above, may be unintended features of this bill); and (9) require a city council, before giving notice of tax increase hearings, to take a record vote on the proposal to increase taxes and that the motion for that vote must be as follows: "I move that a proposal to increase property taxes by the adoption of a tax rate of (specify tax rate) be placed on the agenda for the meeting to be held on (date at which the governing body anticipates adopting the tax rate)." H.B. 1224 (Laubenber�) —Sex Offenders: would authorize a general law city to determine the area, surrounding a premise where children commonly gather, within which a registered sex offender may not reside. H.B. 1227 (Mallory Caraway) —Gas Utility Billing: would provide that a no utility or municipally -owned utility providing service to a retail customer may not disconnect service or pursue any other collection options for nonpayment of a balance due before the 30t' day after the date on which the statement is issued. H.B. 1228 (Jackson) —Law Enforcement: would expand the rights of victims of felony property offenses with regard to access to information regarding the criminal case involving their property, including a requirement that law enforcement agencies involved in the investigation must provide requested information regarding the case to the victim. H.B. 1229 (C. Howard) —Property Tax: would provide that appraisal review board members shall be appointed by the county commissioners court_ rather than by the appraisal district's board of directors as current law provides. 5 HoBe 1234 (Menendez) — Graffiti: would: (1) allow a city to require a person who sells aerosol paint to require proof of identification before making a sale; (2) allow the city to require that the sale be recorded in a log to be maintained for at least two years; and (3) make it a crime for a person who purchases aerosol paint to fail to take reasonable steps to prevent access to the paint by a minor. H B 1236 (Menendez) —Court Fines: would: (1) increase the maximum fine to $4,000 for the offense of failure to yield the right -of --way to a pedestrian when the pedestrian is disabled or visually impaired and when a collision causes serious injury or death; (2) require offenders to complete community service in an organization that primarily serves disabled or visually impaired persons; (3) require a court to keep separate records of the money collected under this provision; and (4) require a court to remit ten percent of the total fine money collected under this provision to the state. H B 1245 Brown) — Water and Sewer Ratemakin�: would: (1) remove the ability of a party appealing a ratemaking decision by a city's governing body, including an investor -owned water utility and utility customers in the ETJ, to request interim rates during a ratemaking appeal to the Texas Commission on Environmental Quality (TCEQ); and (2) permit the executive director of the TCEQ to establish interim rates during a ratemaking appeal. (Companion bill is S.B. 719 by Nichols.) H B 1247 (3aclison) — Property ax: would: (1) provide that requests for refunds of property tax overpayments shall be made to the tax collector rather than to the auditor as current law requires; and (2) in a city located in a county over 2 million in population, streamline the process for taxpayers to apply for refunds of property taxes if the amount to be refunded does not exceed $5,000. (Companion bill is S.B. 798 by Carona.) H B 1254 (Calle�ari) —Red Light Cameras: would require a city with a red light camera system to attach a flashing caution light to the sign that indicates the presence of a red light camera. H B 1256 (Allen) —Elections: would require an election judge to post notice at one or more locations at a polling place regarding whom to contact to complain about the conduct of the election. H B 1257 (Ledyler) —Property Taz: would permit certain small businesses (defined generally in the bill as businesses with less than $5 million in yearly gross receipts) that are located in a disaster area and were damaged by the disaster to pay property taxes in four equal installments over an eight -month period. H.B. 1260 (Hopson) —DWI Offender Registration Program: would create a DWI offender regisuation program requg, among other thmgs, that local law enforcement authorities must serve as the primary registration point for those individuals subject to registration. 0 H.B. 1267 (Turner) — Cell Phones: would prohibit a driver from using a wireless communication device to read, write, or send a text message unless the vehicle is stopped. (This bill is identical to H.B.1179 by Chavez.) H.B. 1268 (P. Aims) — Impact Fees: would provide that a school district is not required to pay fees for an individual meter connection to a city's water or wastewater system, unless the board of trustees of the district consents to the payment of the fees by entering into a contract with the political subdivision that imposes the fees. H.B. 1269 (Hughes) —Property Taz: would make certain organizations that are engaged primarily in charitable activities (typically fraternal organizations) automatically eligible to receive a charitable tax exemption, whereas current law requires action by the city council or an election to grant the exemption. (Companion bill is S.B. 475 by Wentworth.) H.B. 1283 (Eiland) —Property Taa: would: (1) permit the owner of any property that is located in a disaster area and is damaged by the disaster to pay property taxes in four equal installments over an eight -month period (Note: current law only permits owners of residential homesteads to pay in installments); and (2) lower from twelve to eight percent the penalty on taxes paid after the due date under such an installment plan. H.B. 1287 (1Jiland) —Property Tax: would require appraisal districts to biennially adopt a plan for the reappraisal of property following a natural disaster. (Companion bill is S.B. 590 by Jackson.) H.B. 1290 (Oliveira) — Mandatory Health Benefits: would require the issuer of a health benefit plan, including a local government risk pool, to provide coverage for certain tests for the detection of cardiovascular disease. H.B. 1292 (Eiland) —Property Tax: would: (1) permit a city to adopt a complete homestead property tax exemption for active duty military personnel serving at least 60 miles from their homestead for longer than six months; and (2) provide that a city adopts the exemption either by council action or by an election called upon receipt of a petition signed by 20 percent of the qualified voters who voted in the most recent city election. (Note: please see H.J.R. 64, below.) H.B. 1301 (Frost) —Firearms: would: (a) preclude an employer from prohibiting an employee who has a concealed handgun license from transporting or storing a firearm or ammunition in a locked, privately -owned vehicle in a parking lot, garage, or parking area provided for employees; but (b) provide that the bill's restriction on an employer do not apply to a vehicle owned or leased by the employer and used by the employee, unless the employee is required to transport or store a firearm in the course and scope of duty. (Companion bill is S.B. 730 by Hcgar.) H.B. 1305 (Aycock) —DWI: would remove legal liability for a person who takes a blood alcohol specimen (except in cases of negligence in the taking of the specimen) if the 7 specimen is taken pursuant to a search warrant or at the request or order of a peace officer. H.B. 1315 (Ortiz) — Child Abuse Reports: would: (1) require a law enforcement agency to provide reports of child abuse or neglect in response to a request from either the child who is the subject of the reported abuse or the child's parent or guardian, unless the parent or guardian is alleged to have committed the abuse or neglect; (2) require a law enforcement agency to redact any personally identifiable information regarding a victim or witness under 18 years of age who is not the child requestor or other child of the parent or guardian; and (3) require a law enforcement agency to redact any information that is otherwise excepted from required disclosure under law. H.B. 1328 (McClendon) —Property Taz: would provide that once granted, a property tax exemption for certain solar and wind -powered energy devices located on land that qualifies for a homestead exemption need not be reapplied for in subsequent tax years. (Companion bill is S.B. 832 by Wentworth.) H.B. 1338 (Leibowitz) —Retaliatory Lawsuits: would: (1) allow a person to file suit and recover damages, including exemplary damages, against a complainant who files a claim, in bad faith, with a governmental or quasi -governmental agency against the person; (2) allow a complainant to recover damages, including exemplary damages, from a person who files suit under the above provision in an effort to intimidate or harass the complainant, when the complainant filed the complaint with the governmental or quasi - governmental agency in good faith; and (3) disallow a cause of action against a governmental or quasi -governmental agency in such cases. H.B. 1341 (B. Brown) —Water and Sewer Utilities: would prohibit a city's governing body or other regulatory authority from considering legal expenses incurred by a non - municipal water or sewer utility in a contested ratemaking case, or an appeal of that case, except for certain cost reimbursements outlined in current state law. H.B. 1342 (Menendez) —Health Benefit Plan Information: would require health benefit plan providers, including intergovernmental risk pools, to use technology that provides: (1) real-time information, at the point of service, concerning deductibles and the enrollee's potential total financial responsibility; and (2) real-time adjudication of claims at the point -of -service. The bill also prohibits a plan from charging a fee for such information services. (Companion bill is S.B. 863 by Harris.) H.B. 1343 (Menendez) —Court Fines: this bill is substantially the same as H.B. 1236 by Menendez, above. (Companion bill is S.B. 647 by Van de Putte.) H.B. 1344 (Menendez) — Texas Municipal Retirement Svstem (TMRS): would require the TMRS Board to establish arsine -member advisory committee. (Note: TMRS has had an advisory committee for many years. This bill would establish the committee in state law.) H.B. 1354 (Vaught) — DWI: would allow any magistrate who is a licensed attorney to issue a search warrant to collect a blood specimen from individuals arrested for certain intoxication offenses. H.B. 1360 (Anchia) — Public Information Act: would allow an attorney representing the state to release information to defense counsel regarding a pending or reasonably anticipated criminal case without waiving the right to assert that the information is excepted from disclosure under the Public Information Act in the future. H.B. 1373 (D. Howard) — Sovereign Immunity: would waive sovereign immunity to permit nurses to sue local governments, including cities, for retaliation. (Companion bill is S.B. 886 by Nelson.) H.B. 1376 (Thompson) —Sales Tax: would do the following regarding intrastate sourcing of city sales taxes: (1) eliminate sourcing at the location from which an item is shipped if an order is placed at another location in the state that is also a place of business of a retailer; and (2) generally source city sales taxes at the location where an order is received when there is more than one place of business of the retailer. (Companion bill is S.B. 852 by Patrick.) H.B. 1377 f Thompson) —Sales Tax: would do the following regarding the reallocation of city sales tax revenues due to a mistake: (1) reduce the statute of limitations (also known as the "look back" provision) for reallocation of city sales taxes from four years to one year; (2) grant cities a right to notification and hearing regarding reallocation decisions, as well as a right of appeal to a Travis County district court; and (3) prohibit cities from using reallocated sales tax proceeds for certain economic development grants. (Companion bill is S.B. 851 by Patrick.) H.B. 1378 (Thompson) —Electric Utilities: would allow an electric utility to include in a base rate proceeding the utility's "system restoration costs" and "self-insurance reserves" following weather -related events or natural disasters. (Companion bill is S.B. 769 by Williams.) H.J.R. 9 (Truitt) —Rail Funding: would provide that the state motor fuels tax may be used for the purpose of constructing, maintaining, and operating passenger rail, transit, and freight rail. (Companion bill is S.J.R. 24 by Carona.) H.J.R. 61 (C. Howard) — 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. 1211, above.) H.J.R. 64 (Eiland) —Property Tax: would amend the Texas Constitution to do the following: (1) permit a city to adopt a complete homestead property tax exemption for active duty military personnel serving at least 60 miles from their homestead for longer than six months; and (2) provide that a city adopts the exemption either by council action or by an election called upon receipt of a petition signed by 20 percent of the qualified voters who voted in the most recent city election. (Note: please see H.B. 1292, above.) S.B. 777 (Ogden) —Law Enforcement: would require a city police department to report information to the Texas Department of Public Safety regarding. (1) the number of arrests the department made for intoxication offenses relating to the operation of a motor vehicle while intoxicated; and (2) how many of those arrests resulted in a release with no charges. S.B. 792 (Nelson) —Sales Tag: would permit the board of directors of a fire control district, an emergency services district, or a crime control and prevention district to repeal the sales tax exemption on residential gas and electricity in the portion of the district that is located in a city that has also acted to repeal the exemption. S.B. 797 (Carona) —Property Tag: this bill is the same as H.B.1205 by Button, above. S.B. 798 (Carona) —Property Tag: this bill is the same as H.B. 1247 by Jackson, above. S.B. 801 (Hear) —Property Tax: would move the timber production property tax exemption from the wildlife management section of the Tax Code to the open -space management section of the Tax Code. (Note: cities with significant numbers of timber production property tax exemptions should examine the effect of the proposed bill.) S.B. 804 (Lucio) —Golf Carts: this bill is the same as H.B. 1213 by Rios Ybarra, above. S.B. 820 (Duncan) — Building Codes: would: (1) provide that the governing body of a city may establish a model building codes advisory board to review and recommend the adoption of and amendment or addition to national model codes to govern the construction, renovation, use, or maintenance of buildings and building systems in the city; (2) mandate that the board have twelve members representing specific groups in the city; (3) force a city that has not established a board under (1) above (or that has not established a substantially similar advisory body) before the effective date of the bill to provide to any person who registers with the city secretary written notice when the city considers the adoption of or amendment or addition to an ordinance or a national model code that is intended to govern the construction, renovation, use, or maintenance of buildings and building systems in the city; (4) mandate that the notice be sent at least 30 days before the date the governing body takes action to consider the adoption of or amendment or addition to an ordinance or code provision; (5) provide that, if a delay in the adoption of or amendment or addition to an ordinance or code provision would cause imminent harm to the health or safety of the public, the city may provide alternative reasonable notice to each person who registers; and (6) mandate that a city that adopts an ordinance or national model code provision that is intended to govern the construction, renovation, use, or maintenance of buildings and building systems in the city shall delay implementing and enforcing the ordinance or code provision for at least 30 days after r fmal adoption to permit persons affected to comply with the ordinance or code provision, unless the delay would cause imminent harm to the health or safety of the public. (Companion is H.B. 554 by Menendez.) S.B. 828 (Whitmire) —Criminal Law: would provide that multiple financial transactions must be accumulated for purposes of enhancing punishment under the criminal offense of abuse of official capacity. S.B. 832 (Wentworth) —Property Tag: this bill is the same as H.B. 1328 by McClendon, above. S.B. 851(Patrick) —Sales Tag: this bill is the same as H.B.1377 by Thomason, above. S.B. 852 (Patrick) —Sales Tag: this bill is the same as H.B. 1376 by Thompson, above. S.B. 855 (Carona) —Transportation Funding: this bill is the same as H.B. 9 by Truitt, above. S.B. 863 (Harris) ,Health Benefit Plan In%rmation: this bill is the same as H.B. 1342 by Menendez, above. S.B. 873 (Harris) —Property Tag: would require an appraisal district that operates an Internet Web site to implement a system for electronic filing of appraisal protests. S.B. 877 (Ellis) — Mandatory Health Benefits. would generally require health benefit plans to provide coverage for HIV tests. S.B. 883 (Carona) —Transportation Funding: would prohibit the Texas Department of Transportation from pledging or otherwise encumbering money deposited in the state highway fund to: (1) guarantee a loan obtained by a public or private entity for costs associated with a toll facility of the public or private entity; or (2) insure bonds issued by a public or private entity for costs associated with a toll facility of the public or private entity. S.B. 886 (Nelson) —Sovereign Immunity: this bill is the same as H.B. 1373 by D. Howard, above. S.B. 894 (Nelson) —Public Funds Investment: would permit a city to invest revenues from oil, gas, and mineral leases in any investment that is legal under the Texas Trust Code. S.B. 898 (Shapleigh) —Rail Funding: would, among other things, add the enhancement of a city's ability to provide for freight or passenger rail facilities or systems to the permissible purposes of a municipal transportation reinvestment zone. 11 S.B. 901 (Deuell) — Regulation of Health Benefit Plans: would establish procedures under which the state would regulate the rates charged for health benefit coverage. , S.B. 907 (Williams) — Flags: would require that: (1) a U.S. flag purchased by a city must be manufactured in the United States; and (2) a Texas flag purchased by a city must be manufactured in Texas. S.B. 908 (Williamsl — Tezas Municipal Retirement Svstem (TMRS): would make the following changes to the TMIEZS statute: (1) guarantee an annual interest credit of at least We percent to member accounts and set the annuity purchase rate for retirees at a minimum of five percent; (2) allow the crediting of unrealized income to certain accounts; and (3) allow city accounts to receive annual interest at a rate different from the member rate, including negative interest. (This bill is identical to H.B. 360 by Kuempel.) S.B. 922 (Harris) —Magistrates: would: (1) allow a judge to refer criminal cases to district -court -appointed magistrates for proceedings including bail, agreed orders of expunction, asset forfeiture hearings, agreed orders of nondisclosure, and hearings on motions to revoke probation, as well as civil cases arising out of certain criminal proceedings; (2) prohibit a district -court -appointed magistrate from hearing a jury trial on the merits of a bond forfeiture; (3) allow a district -court -appointed magistrate to accept a negotiated plea on a probation revocation, conduct a contested probation revocation hearing, and sign a dismissal in a misdemeanor case; and (4) allow certain district-eourt- appointed magistrates to issue certain types of search warrants. S.J.R. 24 (Carona) —Rail Funding: this bill is the same as H.J.R. 9 by Truitt, 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 farther information contnct the TML legislative Services Department 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128 512-231-1400, fax 512-231-7490 • www.tml.org