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03/16/2009-CC-Agenda Packet-Regular
AGENDA CITY COUNCIL MUNDAY9 MARCH 16, 2009 7:00 PM 502 ELM STREET 1. Call Meeting to Order. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: March 2, 2009 — Work Session March 2, 2009 — City Council b) Disbursements c) Approval on Ordinance 03-03"09 — Amending Section 4, Procedure of the City of Sanger Subdivision Ordinance 4. Consider any Items Removed from Consent Agenda. 5. Consider and Approve Spending up to $25,000 of Waste Water Tap Fees for the Purchase of a Generator for the Waste Water Treatment Plant. 6. Authorize the City Manager to Notify Senator Estes that the City of Sanger in not Opposed to the Proposed Legislation Concerning the Clear Creek Watershed Providing that no Current Residents of Sanger are Included back into the District. 7. Information Items: a) City of Sanger Investment Report b) Monthly Financial Statement as of February 2009 c) Library Monthly Report d) Letter from Atmos Energy Regarding 2009 Rate Review Mechanism Filing e) Notice of Rate Change from Electric Transmission Texas, LLC f) Chamber Investment Report g) Legislative Updates 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 City of Sanger, Texas, a place convenient and readily accessible to Rosalie Chavez, City City of Sanger, Texas �etzng YS•atd'"dilrrie�"'.-. ,���IdIl1I111111j1`, and said notice was posted on the This notice f ('U A A7'%' by from the official bulletin board on 3 �/ % �O i at This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 4584930 for further information. MINUTES. CITY COUNCIL MINUTES WORK SESSION March 2, 2009 MEMBERS PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Robert Patton, Councilman Mike Walker, Councilman Thomas Muir MEMBERS ABSENT: Councilman Glenn Ervin, OTHERS PRESENT: Mike Brice City Manager, Rose Chavez City Secretary/Asst. City Manager, Joe Iliff Director of Development Services, Bill Hancock President of the Board of Directors of Clear Creek WaterShed Authority, Craig Waggoner, Joyce Herzog, Joe Horn, Peggy Hinklewolfe, Shannon Cox 1. Call Meeting to Order. Mayor Higgs called meeting to order. 2. Presentation by the Clear Creek Watershed Authority on Proposed Legislation Regarding the District and its Effect on the City of Sanger. Craig Waggoner, resident of Bolivar, addressed the City Council regarding pending legislation involving Clear Creek Watershed Authority. He gave a brief summary on how it was established. In 1959, the Texas Legislature established Clear Creek Watershed Authority due to flooding and damages involving neighboring counties of Wise and Montague. It is a tax supported District within the boundaries of the Watershed. The current tax rate is 6.5 per $100.00 with a ceiling of 10 cents. In mid 1970, legislation was introduced and passed that said anyone that is annexed into the City of Sanger or the City of Denton is removed from the Watershed tax. It did not remove them from any flood danger. The Watershed consists of government built Corp of Engineer lakes, in Wise, Denton, Cooke and Montague Counties. The water flows from those counties and Red River and is centered along Clear Creek and the tributaries that feed Clear Creek. There are 52 Jams that catch these run-offs that are released out at a metered rate to slow down the flood waters. The legislation proposed by Senator Craig Estes is to amend State Law relating to Clear Creek Watershed Authority. There are two requests and the difference is that one becomes retroactive back to June 1, 2005 and the other one goes into effect January 1, 2009. It basically states that anyone who is within the boundaries of the watershed and is currently paying the watershed tax, if annexed into the city limits of Denton or Sanger will continue to pay this tax. It will not drop off as the old legislation allowed. This is done to protect their tax base. They do not want to introduce new taxes to anyone that is already paying the watershed taxes. He also indicated Section 2, 3, and Section 4 is to "clean-up" on how they are doing things. One of the sections will provide a complete tax -exemption status since they are a state supported agency. Mr. Waggoner indicated that Senator Estes is asking for the City of Sanger and the City A Denton to write a letter to indicating that that Sanger does not oppose this legislation. The City of Denton has already written their letter. Discussion continued regarding proposed legislation. Property owners are made aware A this tax at time of purchase of the property. Mr. Waggoner indicated if the legislation passes and property is annexed, that is within the boundaries of Clear Creek Watershed, the property owner will continue to pay this tax. He emphasized that they have to protect their tax base in order to maintain the watershed. The dams are approaching 50 years old, and this was their life span when they were built. They have several sites that are in need of repair, with two areas that need major repairs. They have received a grant from NRCS to pay for the two major repairs in Wise and Montague counties.. He indicated Council can visit their website address at www.ccwa-tx.net for additional information. Mayor Higgs asked if they had any idea of how many acres have been lost through annexation. Mr. Waggoner indicated they have lost 68 taxable properties and does not know now many acres that includes. He is not sure all of these were through annexations. He thanked the Council for listening and hoped that they have their support. Jim Horn, residing east of Sanger, addressed the Council. He indicated in his opinion this was the analysis done by the Watershed attorney, and he is not sure another attorney would interpret the language of the bill the same. He has not reviewed the entire bill, but whafhe has seen was not exactly what he heard in this presentation. His main concern is that when someone is annexed into the City they are awarded the privilege of paying city taxes. They pay water, sewer, and wastewater through these taxes. The reason they have had prior legislation, was that property owners within the watershed were being double taxed. The cities finally agreed that people were double taxed and those properties were removed from the tax of the watershed. If this legislation is going to put them back in, he is not sure it is fair for the individuals. He agreed with the Council that property owners need to be notified at the time of purchase that they are in the boundaries of Watershed Authority and of the tax they are required to pay. Mayor Higgs expressed a concern regarding property that has its taxation in place and will this new legislation go back and pick up those properties. Mr. Waggoner indicated that the new legislation does not go back and it only affects future annexation. It does not add anyone back in. Mr. Hancock, President of the Watershed indicated this is true for Sanger as proposed by the current law, but he is not sure it is for Denton. 3. Discussion on the Masonry Ordinance and the Metal Building Ordinance. City Manager indicated that in recent months staff has had some issues come up that were either vague in the ordinances or not addressed in the ordinance. They found some cleanmup that is needed. He wanted to have some discussion with the Council on the intent of the ordinances and then they can enforce their intent. The points of discussion on the Masonry Ordinance were as follows: • Use of "Hardy Board" and similar materials for limited purposes on both residential and commercial property. • Eliminating concrete block as an accepted material in residential construction. • Waiver for "grant -funded properties". • Waiver for reconstruction. • Application to residential reconstruction or additions. Current ordinance only applies to new construction. • Exemption for "Old Town" to allow for wood frame and/or Hardy Plank construction matching the neighborhood. • Modification for large industrial on industrial zoned property within 250' of IH 35. Allowance for tilt wall construction with some aesthetic enhancement. The City Manager gave a brief power point presentation in areas in Denton where they have hardy board. Councilman Patton's concern was the longevity of hardy board. Councilman Walker's concern was the fading of the color, but felt it is a very stable product. City Manager indicated if they are going to allow construction in the old part of town to look like the old part of town, the hardy plank will last longer than wood. Councilman Garza and Mayor Higgs both expressed a concern on the quality of the hardy board. City Manager indicated they can address this in a couple of ways. If there are standards out there, Council can adopt those standards. The other thing they can do is to request samples at time of submittal of the permit. Discussion continued regarding the use of hardy plank and tilt wall construction. Councilman Garza expressed a concern that if hardy board is approved, that eventually requests will be made for it to be used in new subdivisions. City Manager indicated it depends where they will be located. It can be controlled by aRowing it in certain zoning districts. Discussion continued regarding a subdivision in Denton that is all hardy plank construction. City Manager also discussed using it below the first floor line. They have run into a couple of issues on some houses. They had a bay window where they did not allow it and they had to use stucco. The finish product did not look appealing. In interior porches hardy board will enhance the area. The mixture of the material makes it more appealing. Councilman Garza indicated hardy plank does crack, and he does not like it to be used in new subdivisions. He suggested to differentiate you can use stone or masonry. Councilman Walker also agrees with Councilman Garza, but his concern is how they can regulate the use. The City Manager indicated they can regulate it by percentage of use. Councilman Patton indicated he would like to allow the use as long as it is regulated. Councilman Muir indicated he would like to allow it in the old part of Sanger and allow a small use in new subdivisions on accent areas. He does not want it on the back side of homes, and would like to possibly name the areas it can be used. He also supported the use of brick in all areas out of old town Sanger. The City Manager continued to address the other areas of concern in the ordinance. He discussed the sections that needs to come out of the residential construction are the use of concrete block and the waiver for the grant funded properties. His recommendation is to remove this from the ordinance. The waiver for reconstruction is removed if they aRow hardy plank in the old part of town. There is also a section in the ordinance that does not have any specifications for additions. He would like to propose they maintain the same ratio that currently exists. The other issue the City Manager addressed was the requirement of 100% masonry within 250 feet from Interstate 35. They need to allow flexibility for large warehouse, distribution -type and production -type facilities. He would hate to lose the possibility of having 300 jobs because of a brick ordinance. He needed Council input on the I=1 zoning in regards to the masonry requirement. Councilman Muir indicted it makes sense in the Industrial district. He does not want everything along the highway to be metal building. City Manager indicated they will work on a draft ordinance and put it in another work session to get some input from Council. 4. Discussion on Future use of Property Located at 125 Bolivar. City Manager indicated this is the location of Denton County Builders Supply. Their lease runs out in June. He would like to send them notice of the termination of the lease, advise them the City is interested in negotiating the lease on a month to month with a 60 or 90 day out, and the rent to be set at the market rate. The current rent is $1.00 a month. The City paid retail price when they purchased the building. City Manager advised the owner is interested in re -negotiating the lease. It was discussed that the original intent of Denton County Builders was to relocate; however, due to the economy they are not sure when they will move in this direction. The lease was for a two year term and terminates on June 1. The wording in the lease specifies you have to give them a 60 day notice and it could be that August 1 would be when the lease terminates. This is an action item on the agenda. 5. Discussion on Amendment to City Smoking Ban to Include Athletic Fields (Article 8.800). This item will be at another work session meeting. 6. Overview of Items on Regular Agenda. 7. Adjournment. Mayor adjourned the work session. MINUTES. CITY COUNCIL MINUTES MARCH 2, 2009 MEMBERS PRESENT: Mayor Joe Higgs, Councilman Garza, Councilman Robert Patton, Councilman Mike Walker, Councilman Thomas Muir MEMBERS ABSENT: Councilman Glenn Ervin OTHERS PRESENT: Mike Brice City Manager, Rose Chavez City Secretary/Asst. City Manager, Director of Developer Services Joe Iliff, Joyce Herzog, Shannon Cox 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Higgs called meeting to order at 7:02 p.m., led the 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: February 17, 2009 -Work Session February 17, 2009 -City Council b) Disbursements 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 Motion was made by Councilman Walker to approve the consent agenda and the minutes as presented. Seconded by Councilman Patton. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. ►1`=0 5. Consider and Possible Action on Preliminary Plat of the S&T Addition, 0.433 Acres, Located at 511 S. 7th Street. The City Manager indicated this is a large lot between 7"' and Oak that has a dilapidated house. The owner wants to subdivide the property into two lots to build two houses. Joe Miff addressed the Council with his recommendations concerning this preliminary plat. He indicated that one of his recommendations was that the applicant submit a site plan showing a standard residential driveway being constructed along Oak Street to provide access to the proposed Lot 1, and said driveway will be constructed concurrently with a dwelling unit or other structure on Lot 1. Discussion continued regarding the driveway, the size homes for that zoning district, and the drainage. Mr. Miff indicated at issuance of the building permit for the house they will indicate the elevation of the house. Councilman Muir made the motion to approve the preliminary plat for S&T Addition, 0.433 Acres, located at 511 S. 71h Street with the additions that staff recommended. Seconded by Councilman Garza. Motion carried unanimously. 6. Approve 4B Purchase of Approximately 40 Acres From Eagle Farms Investments at $4,000/Acre for Development of a Sports Park. City Manager indicated that this property is located by the Clear Creek Bridge on the west side. It was discussed that there will be four baseball fields and soccer fields. Discussion continued regarding the size of soccer fields that will be needed, and the access points to the site. It was discussed that this property is in the 50-year flood plain. Councilman Garza inquired as to possibly contacting Mr. Biggerstaff at the school to see if they would consider soccer as a competitive sport. Councilman Walker inquired on what the cost would be to build this complex. City Manager advised he is working on the estimates to build it. The 4B has the funds to purchase the property and they will probably do a bond issue to build the roads and the improvements. Motion was made by Councilman Garza to approve the 4B purchase of approximately 40 acres from Eagle Farms Investments at $4,000 an acre for a development of a Sports Park. Seconded by Councilman Muir. Motion carried unanimously. 7. Information Items: a) Legislative Updates Councilman Walker asked if there has been any legislation concerning water districts. City Manager advised that he has not seen any. 8. Adjournment. Mayor Higgs adjourned the meeting. CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes ❑ Not Applicable Council Meeting Date: Submitted By: March 16, 2009 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ®ORDINANCE 03-03-09 ❑ RESOLUTION it ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consideration and possible action on Ordinance 03.01r09 Amending Section 4 Procedure of the City of Sanger Subdivision Ordinance FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM Effective January 1, 2009, the Denton County Clerk has revised the requirements for filing a plat for recordation in Denton County. The changes affected the size of plats and number of copies to be filed. This ordinance updates Sanger's Subdivision Ordinance to match Denton County's new requirements. In addition, Staff has taken the opportunity to remove redundant and outdated items, and to add language clarifying when plat applications can be submitted, and the information required to be included with a plat application. The additional information the applicant will provide helps Staff, the Planning & Zoning Commission, and the City Council process the plat application in an expedient and STAFF OPTIONS &RECOMMENDATION Staff recommends approval of the proposed ordinance. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Proposed Ordinance 03-03-09 Agencies: • Staff Report to P&Z Commission (01/12/09) On January 12, 2009, the Planning & Zoning Commission • Proposed revisions to Section 4, with deletions recommended approval of the proposed changes to the marked in strikethfough and additions Subdivision Ordinance, with one change to Staffs original underlined. draft. The change specified the minimum number of • 2009 Schedule of Planning Applications copies of Preliminary and Final Plats required to. be • Notification to Plat Customers from Denton submitted at time of application to six (6), with additional County Clerk copies possibly required depending on the circumstances, such as being located in the extra -territorial jurisdiction or requiring the review of a franchise utility. The current draft incorporates this change. ORDINANCE 03-03-09 AN ORDINANCE 1, 1THE CITY OF SANGER9DENTON COUNTY9 AMENDING 1 PROCEDURE" OF THEP 1, ORDINANCE (EXI-HBIT A OF ARTICLE 10*101 OF TUE CODE OF ORDINANCES); PROVIDING R THE .' it ' 1, .1, °� 1 Il .; SI CONFLICT; 1 SEVERABILITY CLAUSE; ii PROVIDING Ft1 DATE. WHEREAS, the Subdivision Ordinance describes the procedure for subdividing property within the jurisdiction of the City of Sanger; A(HEREAS, Planning m Zoning Commission has recommended amending the Subdivision Ordinance to clarifying the subdivision procedure; and WIiEREAS5 the City Council has given due consideration to the matter; Now Therefore, Bastion 1 Section 4: Procedure of Exhibit A Subdivision Ordinance of Article 10.101 of the Code of Ordinances is hereby amended to read as follows. SECTION 4: PROCEDURE 4.01 -Pra-Application Conference Prior to the filing of a plat, the subdivider shall consult with the Director of Development Services, Fire Marshal, and City Engineer concerning compliance with the comprehensive master plan, the ultimate land use of the proposed development, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, alleys and lots, and the layout of utility lines and availability of service from trunk mains. 4.02 -Application Procedure A. All property not subdivided into lots, blocks and streets, or property to be resubdivided within the city or within its jurisdiction, shall hereafter be laid out under the direction of the Planning and Zoning Commission, or in the absence of such a commission, by the City Council, or subject to its approval, and no other subdivision will be recognized by the City. Prior to the consideration of the plat by the Planning and Zoning Commission, the City Manager and his duly authorized representatives shall check the plat and make recommendations. B. When a plat is filed with the City for review and approval, it shall be immediately forwarded to the Director of Development Services, who will make a preliminary study of the plat. If it appears substantially complete, an on -site review of the tract to be subdivided will be made to determine any apparent problems with development of the subject land. Any plat which is found to be incomplete or requires significant changes shall be returned to the subdivider for additions or changes before resubmission. C. It shall be unlawful for any owner, or agent of any owner, to lay out, subdivide or plat any land into lots, blocks and streets within the City, or to sell property therein, which has not been laid out, subdivided and platted according to these regulations. D. No officer or employee of the City shall perform, or cause to be performed, any work upon any streets or in any addition or subdivision of the City, unless all requirements of these regulations have been complied with by the owner of the addition or subdivision. E. The city hereby defines its policy to be that the City will withhold improvements of any nature whatsoever, including the maintenance of streets, issuance of building permits or furnishing of sewage facilities and water service, until the subdivision plat has been approved by the City Council. No improvements shall be initiated nor any contracts executed until this approval has been obtained F. Any owner or developer of any lot, tract or parcel of land located within the corporate limits of the city or within its extraterritorial jurisdiction who may wish to effect a subdivision of such land shall conform to the general procedure described as follows: (1) The subdivider shall prepare and submit a "Preliminary Plat" for subdivisions not eligible for the short form subdivision procedure. (2) In the case of a proposed phased development, the subdivider shall file a preliminary plat showing the entire proposed subdivision, the various phases by which the subdivision will be developed, and lots that will be sold within the phase to be developed upon approval of the final plat by the City Council. If the subdivision is to be developed in phases or units, an overall master development plan for street, drainage, water and sewer improvements shall be submitted to the City Engineer by the subdivider's engineer at the time the first phase of construction is submitted for approval. This overall plan shall show the layout of streets and easements, lot configurations, water and sewer main locations and sizes, fire hydrant locations, manhole locations and drainage improvements; (3) Afler approval of the preliminary plat by the Planning and Zoning commission, and the City Council the subdivider may then prepare a "Final Plat" of alI or a portion of the land included in the preliminary plat for submission to and consideration by the Planning and Zoning commission for final recommendations to the City Council. (4) Upon final action on any such plat by the City Planning and Zoning Commission, the same shall be referred to the City Council, and the City Council shall consider such final plat for acceptance of the dedication of all public property therein set forth, provided that the plat shall in all things fully comply with the terms and provisions of this ordinance. (5) Upon acceptance of such plat by the City Council and completion of required public facilities or the filing of a performance bond by the developer which covers said facilities, the developer shall submit copies of the approval Final Plat in the number and form determined by the Director of Development Services to be appropriate for recordation with Denton County. The recording of the final plat shall be the responsibility of the Director of Development Services. (6) In subdivisions approved for phased development no building permits shall be issued by the building official until the public improvements, including installation of franchise utilities, within that phase is completed and accepted by the City; (7) The subdivider shall include in the conditions of sale for each lot within the subdivision a notice to the purchaser that no certificate of occupancy shall be issued for any structure or building constructed therein unless and until the city has approved and accepted that phase of the subdivision; (8) The subdivider shall understand that all proposed improvements are to be installed or constructed at his own cost and expense, unless otherwise noted herein; and (9) Where a plat of a lot of record of undivided property is proposed to be subdivided and meets the criteria for abbreviated procedures set forth under the "short form subdivision," and provided all of the requirements have been met, the subdivider may submit a final plat to the city for approval. Where circumstances in the opinion of the administrative officers warrant, such plat may receive administrative approval, which action shall authorize the building official to issue a building permit for improvements on said parcel. 4.03 -Preliminary Plat The plat shall be drawn to a scale of not more than two hundred feet to the inch (1" = 200'). The information to be included and the procedure for submittals are as follows: A. Existing Features (1) The boundary line (accurate in scale) of the tract to be subdivided. (2) The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroads, rights -of -way and other important features, such as abstract lines, political subdivision or corporation lines, and school district boundaries. (3) Existing sewer mains, water mains, drainage culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated. (4) Contours with intervals of two feet (2) or less, referred to mean sea level datum. In areas where the terrain is relatively flat, supplementary contours shall be shown so that the average horizontal distance between said lines does not exceed two hundred feet (200'). (5) The names of adjacent subdivisions and/or the names of record owners of adjoining parcels of unsubdivided land. B. New Features (1) 1he proposed name of the subdivision. (2) North point, graphic scale, date and approximate acreage of the proposed subdivision. (3) The names and addresses of the subdivider and of the engineer, surveyor or planner. (1) The tract designation and other description according to the real estate records of the city or county auditor and recorder; also, designation of the proposed uses of land within the subdivision. (5) All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose or limitations of such reservations. (6) The layout, names and widths of proposed streets, alleys and easements. (7) The layout, numbers, set -back lines and approximate dimensions of proposed lots, blocks, parks etc. C. Utilities Submittals for preliminary plats shall include plans, documents, and information adequate for the review of the provision of public improvements to the properties involved. This includes but is not limited to streets, water service, wastewater service, franchise utilities, street lighting, and stormwater detention. D. Location Map A location map of the proposed subdivision showing existing and proposed streets and thoroughfares covering an area at least one thousand feet (1,000) outside the proposed subdivision. E. Cross -Sections Two (2) copies of the typical cross -sections of proposed streets showing the width of pavement, type of pavement and location and widths of sidewalks when not in conformance with standard details. F. Approval Block The following notice shall be placed on the face of each preliminary plat by the subdivider: "Preliminary Plat For Review Proposes Only." The following certificates shall be placed on the preliminary plat by the subdivider: Approved for Preparation of Final Plat City of Sanger, Texas Date Planning and Zoning Commission G. Submission The subdivider shall furnish the City with six (6) copies of the drawings of the plat, plus any additional copies determined necessary for a complete review by the Director of Development Services. The subdivider shall also provide any necessary supporting documents describing the type of development, provision of services, development procedure and timing, and engineering studies. Such materials shall be received in accordance with the submittal schedule as published by the Department of Development Services. The subdivider shall submit a letter of intent to the Director of Development Services providing their name and address, the contact information of the person(s) preparing the submitted documents, and designating a point of contact for future correspondence. The letter shall also state the intent of the plat application, briefly describing the location, amount of land, and particulars as to the intended use(s) of the property, and requesting that the plat be reviewed and considered by the appropriate approval body. Such letter of intent shall be received in accordance with the submittal schedule as published by the Department of Development Services, and shall be accompanied by an application for plat approval, the appropriate fee and drawings of the plat, as indicated herein. A plat is considered to be filed for approval by the City when the Director of Development Services (or designee) has certified to the applicant that a complete submittal providing adequate information for a comprehensive review has been received. No plat will be considered filed with the city until and unless the prescribed application fees have been paid. H. Approval The approval of the preliminary plat shall be effective for a period of one hundred eighty (180) days after the approval date, unless reviewed by the Planning and Zoning Commission in the light of new or significant information, which would necessitate the revision of the preliminary plat. Such revision shall be subject to the same procedures as the original preliminary plat. If a final plat for the subdivision, or a portion thereof, has not been submitted, or if a change in requirements has not occurred which would affect the preliminary plat, at the end of the one hundred eighty (180) days after approval, then the City Planning and Zoning Commission may declare the preliminary plat null and void, unless the subdivider has requested and received an extension of time. I. Emotions Where the subdivider may request exceptions or a waiver of these regulations, or is in disagreement with the intent or interpretation of the requirements set forth herein, the city Planning and Zoning commission may submit such requests of the subdivider to the City Council with recommendations for either an approval or disapproval. 4.04 -Final Plat After approval of the preliminary plat, a final plat, prepared by a registered public surveyor and bearing his seal, shall be submitted to the city for consideration. The subdivider shall furnish the City with six (6) copies of the drawings of the plat, plus any additional copies determined necessary for a complete review by the Director of Development Services. The subdivider shall also provide any necessary supporting documents describing the type of development, provision of services, development procedure and timing, and engineering studies. Such materials shall be received in accordance with the submittal schedule as published by the Department of Development Services. The subdivider shall submit a letter of intent to the Director of Development Services providing their name and address, the contact information of the person(s) preparing the submitted documents, and designating a point of contact for future correspondence. The letter shall also state the intent of the plat application, briefly describing the location, amount of land, and particulars as to the intended use(s) of the property, and requesting that the plat be reviewed and considered by the appropriate approval body. Such letter of intent shall be received in accordance with the submittal schedule as published by the Department of Development Services, and shall be accompanied by an application for plat approval, the appropriate fee and drawings of the plat, as indicated herein. A plat is considered to be filed for approval by the City when the Director of Development Services (or designee) has certified to the applicant that a complete submittal providing adequate information for a comprehensive review has been received. No plat will be considered filed with the city until and unless the prescribed application fees have been paid. No plat will be considered by the City until all of the prescribed filing fees have been paid. The final plat may constitute all or only a portion of the approved preliminary plat, but any portion thereof shall conform to all of the requirements of these regulations unless exception has been granted by City Council. If final plats are submitted for approval for portions or sections of the proposed subdivision, each portion or section shall carry the name of the entire subdivision but shall bear a distinguishing letter, number or subtitle. Block letters shall run consecutively throughout the entire subdivision, even though such subdivision might be finally approved in sections. Upon receipt of the proper submittal (required copies of the final plat, the detailed engineering plans and other required data, and payment of all applicable fees,) and the individual cost estimates for site improvements for water, sanitary sewer, storm sewer and paving improvements shall be prepared and submitted in accordance with the following table. Item No. Description Unit Quantity Unit Price Cost Also to be included as other required data, the developer shall submit additional detailed cost estimates for any improvements to be constructed in which the City maybe obligated for pro- rata or other refund amounts. These improvements shall be determined by the city and in accordance with the city's comprehensive plan. The final plat shall show or be accompanied by the following information: A. The boundary lines with accurate distances and bearings, a metes and bounds description of the boundary (error of closure shall not exceed one (1) in fifty thousand (50,000) for the plat boundary), exact acreage to hundredths, and the exact location and width of all existing or recorded rights -of -way intersecting the boundary of or bordering on the tract. One (1) copy of the traverse closure sheet shall be enclosed. B. True bearings and distances to the nearest established street lines, official monuments or subdivision corner, which shall be accurately described on the plat. Municipal, township, county or abstract survey lines shall be accurately tied to the lines of the subdivision by distances and bearings, where applicable. C. An accurate location of at least one (1) corner of the subdivision with reference to an original corner of the original survey of which the subdivision is a part or an existing permanent monument on an approved and recorded plat or permanent markers established by and approved by the City Engineer. D. An accurate location of the subdivision in reference to the deed records of the county which shall include the volume and page of the deed of the property to be subdivided. E. The exact layout, including: (1) Street and/or alley names; (2) The length of all arcs, radii, internal angles and points of curvature, length and bearing of the tangents; (3) All easements for right -of --way provided for public services or utilities and any limitations of the easements; and (4) All lot numbers and lines, with accurate dimensions in feet and hundredths and with bearings and angles to street and alley lines to the nearest second. F. The accurate location, material and approximate size of all monuments. G. The accurate outline description of all property which is offered for dedication for public use, such as parks, etc., with the purpose indicated thereon, and all property that maybe reserved by deed covenant for the common use of the property owners in the subdivision. H. Building set -back lines. I. Lot grading plan. J. Private restrictions. K. Name of the proposed subdivision. L. Name and address of the subdivider. M. North point, graphic scale and date. N. City limits line, if it traverses the subdivision. O. Location map showing existing and proposed streets and thoroughfares covering an area at least one thousand feet (1,000') outside the proposed subdivision. p. Construction plans and profiles drawn on sheets, measuring twenty-four inches by thirty-six inches (36"), the same size as the final plat, and including the following information: (1) A plan and profile of each sheet with top of curb grades shown. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum. Unless otherwise approved by the City, scales shall be one inch equals forty feet (1" = 40') horizontally and one inch equals four feet, five feet or six feet (1" = 4', 5' or 6') vertically. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans; (2) The typical cross -sections of proposed streets showing the width of roadways and type of pavement and location and width of sidewalk; (3) A plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated and showing locations of manholes, cleanouts, etc., and a plan of the proposed water distribution system showing pipe sizes and locations of valves, fire hydrants, fittings, etc., in conformance with the applicable criteria presented in Section 6, Improvements. Unless otherwise approved by the City, scales shall be one inch equals one hundred feet (1" = 1001) horizontally and one inch equals four feet, five feet or six feet (1" = 4', 5' or 6') vertically. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum; (4) A plan and profile of the proposed storm sewers, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, etc., in conformance with the criteria as shown in Section 6, Improvements. Unless otherwise aProved by the City, scales shall be one inch equals forty feet (1" = 40') horizontally and one inch equals four feet, five feet or six feet (1" = 4', 5' or 6') vertically. Each Ian shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum; and (5) A plan of all the other utilities, showing the relative locations proposed for the water, sewer, storm sewer and gas mains, utility poles, TV and electrical services, street lighting, traffic -control signs, and street signs, and acknowledged by the appropriate representative of each agency involved;[.] Q. Certification by a registered public surveyor or licensed state land surveyor, registered in the State of Texas, to the effect that the plat represents a survey made by him or under his direct supervision and that all monuments shown thereon have been verified and actually ial are correctly shown. Such surveyor's certificate exist, and that their location, size and mater may be prepared as follows. "State of Texas County of Denton I hereby certify that this plat is true and correct and was prepared from an actual survey of the property made on the ground under my supervision. Registered Public Surveyor Texas R.P.S. No. " R. A certificate of ownership and dedication of all streets, alleys, parks and playgrounds to public use forever, signed and acknowledged before a notary public, by the owner or authorized representative and lien holder of the land, and a complete and accurate description of the land subdivided and the streets dedicated. Such owner's certificate may be prepared as follows: "State of Texas County of Denton The owner of land shown on this plat and whose name is subscribed hereto, and in person or through a duly authorized agent dedicates to the use of the public forever all streets, alleys, parks, watercourses, drains, easements and public places thereon shown for the purpose and consideration therein expressed. Owner" "State of Texas County of Denton Before me, the undersigned authority, on this day personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of , 20_ Notary Public, Denton County, Texas" S. The following certificate shall be included on the plat in a manner that will allow the signatures of the designated officials and the affixing of the City Seal. Approved and Accepted Mayor City of Sanger, Texas Attested by Date City Secretary, City of Sanger, Texas T. Certificate from City Tax Collector and from the proper official of other taxing agencies within whose jurisdiction the proposed subdivision lies showing that all ad valorem taxes, liens and fees have been paid on the tract to be subdivided. Two (2) sets of approved plans and specifications for water, sanitary sewer, paving and drainage improvements, prepared by a registered professional civil engineer, shall be submitted to the City prior to any construction in the subdivision. The approval of the construction drawings by the City Council shall be effective for a period of two (2) years after the approval date of the final plat unless the subdivider has requested and received an extension of time. Construction drawings which have expired shall be resubmitted to the city for approval before any construction is begun. The design of the proposed improvements shall be based on the construction requirements which are in effect at the time of resubmittal. 4.05 -Procedure For Short Form Subdivision A. Any subdivision or replat thereof which maybe determined to fall within the following criteria may be termed a "short form subdivision" and shall comply with the abbreviated procedures set forth herein. "Plats for record" or "lots of record" of unplatted property shall be deemed to meet these criteria if: (1) The land in question is not being subdivided into more than three (3) lots.[;] (2) The subdivision or use of the land subdivided does not necessitate any appreciable alteration of utility installations, streets, alleys or building setback lines; and (3) The tracts so subdivided conform in size and shape to the lots in the vicinity and the zoning in the immediate area. B. All design, engineering, improvements and drawing information standards provided in these regulations applicable to all subdivisions shall be applicable to the short form subdivisions. Preliminary platting is not required. C. If the Director of Development Services finds that the final plat meets all the provisions of these regulations, he/she shall present the final plat to the commission and council for review. D. The final short form plat shall be filed with the city accompanied with the required filing fee. After all requirements have been met and signatures obtained, the plat and all other necessary instruments shall be filed for record with the county clerk by the City Secretary. E. In the case of plats for record, after all requirements have been met and the final short form plat properly filed, administrative approval may be granted. 4.06 -Construction of Improvements A. The subdivider/developer shall contract for improvements except where city participation is involved. In cases of city participation, the developer/owner shall comply with state statutes and city regulations regarding competitive bidding. B. The subdivider's/developer's engineer shall administer the contract. C. A pre -construction conference, to be held at city hall, will be required. This conference shall be attended by the City Engineer (or authorized representative), the subdivider's/developer's engineer, the engineer's inspectors, the contractor(s), and other appropriate representative as deemed necessary by the City. 4.07 -Amended Plat Any person who wishes to revise a subdivision plat which has been previously filed for record must make an application of the proposed revised plat to the City Council. An amendment of a subdivision may be done for one of the following purposes: (1) to correct an error in a course or distance shown on the preceding plat; (2) to add a course or distance that was omitted on the preceding plat; (3) to correct an error in a real property description shown on the preceding plat; (4) to correct any other type of error or omission on a previously filed plat; (5) to replat one or more lots fronting on an existing street if: (A) the owners of all lots join in the application for amending the plat; (B) the amendment does not attempt to remove any restrictions; (C) the amendment does not increase the number of lots; and (D) the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. A Public Hearing is not required for the approval and issuance of an amended plat. The City Manager and Director of Development Services are delegated the approval responsibility of an amended plat. At any time the City Manager or City Engineer may elect to present the plat for approval to the Planning and Zoning commission and to the City Council, neither the City Manager nor the Director of Development Services shall disapprove a plat, and upon refusal to approve the amended plat shall refer the amended plat to the Planning and Zoning Commission and City Council. 4.08 -Replat or Resubdivision of Plats A. General (1) Replat or resubdivision of a plat, or a portion thereof, but without vacation of the immediate previous plat, is hereby authorized; and shall be deemed valid and controlling, when approved, after a public hearing, by the Planning and Zoning Commission, when: (a) It has been signed and acknowledged by all the owners of the particular property which is being resubdivided or replatted. (b) It has been approved by the Planning and Zoning Commission, after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. (c) It does not attempt to alter, amend, or remove any covenants, easements or restrictions. (d) There is compliance, when applicable, with subsections (a), (b), and (c) of this section. B. Filing time. Replats or resubdivisions shall show or be accompanied by the information that is required for preliminary plats or final plats, whichever is applicable. Replats or resubmissions shall not be docketed for Planning and Zoning Commission consideration unless the requirements of this chapter are met. C. Notice and hearing. The following additional requirements for approval shall apply, in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat, if any of the proposed area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two (2) residential units per lot: (1) Notice of Planning and Zoning Commission hearing shall be given in advance, in the following manner: (a) Publication at least fifteen (15) days in advance of hearing beimg published in the official newspaper of the City of Sanger. (b) Written notice (with a copy of subdivision (2) of Section 4.080 [4.08C] attached thereto) of such public hearing forwarded by the Planning and Zoning Commission to owners (as the ownerships appear on the last approved ad valorem tax roll of such governing body) of all lots in the immediate preceding subdivision plat not less than fifteen (15) days prior to the date of such hearing. Such notice may be served by depositing the same, properly addressed and postage paid, in the post office in closest proximity to the city hall of the City of Sanger, provided, however, if such immediate preceding subdivision plat shall contain more than one hundred (100) lots, such notice shall be mailed only to those owners of lots which are located within two hundred (200) feet of the lot or lots which are sought to be replatted or resubdivided. (2) If the proposed replat requires a variance or is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three -fourths of the members present of the Planning and Zoning commission and City Council. For a legal protest, written instruments signed by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning commission and City Council prior to the close of the public hearings. (3) Provided, however, compliance with subdivision (1) or (2) of Section 4.08C shall not be required for approval of a replatting or resubdividing of a portion of a prior plat, if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single- or duplex -family residential usage, by notation on the last legally recorded plat or in the legally recorded restriction applicable to such plat. Section 2 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4 This ordinance will take effect immediately from and after its passage. DITLY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 16th day of March, 2009. APPROVED: Mayor Joe Higgs ATTEST: City Secretary a IRA PLANNING & ZONING COMMISSION TEXAS AGENDA BRIEFING Meeting Date: January 12, 2009 Prepared by. Joseph D. Iliff, AICP Subject: Consideration and possible action on a proposed amendment to Section 4 of the Subdivision Ordinance concerning procedures. BACKGROUND The Denton County Clerk has revised the procedure for the filing plats for recordation, effective January 2, 2009. Rather than the requiring many copy of the approved plat at 18 inches by 24 inches, the County will now require just one copy at the standard size of 24 inches by 36 inches. City Staff has prepared revisions to the City's Subdivision Ordinance that would match these changes. Staff has also revised the Subdivision Ordinance to designate the Director of Development Services as the primary city official responsible for the handling of plat applications and the administration of the Subdivision Ordinance. The dra$ed revisions permit City Staff to establish a deadline for receiving submittals before each of the scheduled Planning &Zoning Commission meetings. This ensures that Staff has enough time to review an application prior to action by the Commission. The schedule also provides the Commission an opportunity to approve or disapprove the plat within the time limits established by state statute. The revisions also require the applicant to provide all the required copies of the plat, application forms, and supporting materials at the time of submittal. Incomplete applications are not accepted for a formal review. The revisions also require the applicant to submit a letter of intent, which describes the proposed subdivision and identifies the person(s) who prepared the submitted plans or documents. Importantly, the letter of intent also designates to City Staff who will serve as the applicant's representative and point of contact. RECOMMENDED CONIlVIISSION ACTION Staff recommends approval of the proposed revisions to the Subdivision Ordinance. FUTURE ACTIONS The proposed revisions will be submitted to the City Council for review and approval. ATTACHMENTS • Proposed revisions, with deleted text in and added text underlined. • 2009 Schedule of Planning Applications • Notification to Plat Customers from Denton County Clerk City of Sanger Subdivision Ordinance SECTION I PROCEDURE 4.01 - Pre -Application Conference Prior to the filing of a prelifmaafy plat, the subdivider shall consult with " dmif :..t...,*ive the Director of Development Services, Fire Marshal, and City Engineer concerning compliance with the comprehensive master plan, the ultimate land use of the proposed development, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, alleys and lots, and the layout of utility lines and availability of service from trunk mains. 4.02 -Application Procedure A. All property not subdivided into lots, blocks and streets, or property to be resubdivided within the city or within its jurisdiction, shall hereafter be laid out under the direction of the Planning and Zoning Commission, or iIL n the absence of such a commission, by the City Council, or subject to its approval, and no other subdivision will be recognized by the City. Prior to the consideration of the plat by the Planning and Zoning Commission, the City Manager and his duly authorized representatives shall check the plat and make recommendations. B. When a prelims plat is filed with the City for review and approval, it shall be immediately forwarded to the City BngineerLffirector of Development Services, who will make a preliminary study of the plat. If it appears substantially complete, an orI site review of the tract to be subdivided will be made to determine any apparent problems with development of the subject land. Any preliminary plat which is found to be incomplete or requires significant changes shall be returned to the subdivider for additions or changes before resubmission. C. It shall be unlawful for any owner, or agent of any owner, to lay out, subdivide or plat any land into lots, blocks and streets within the City, or to sell property therein, which has not been laid out, subdivided and platted according to these regulations. D. No officer or employee of the City shall perform, or cause to be performed, any work upon any streets or in any addition or subdivision of the City, unless all requirements of these regulations have been complied with by the owner of the addition or subdivision. E. The city hereby defines its policy to be that the City will withhold improvements of any nature whatsoever, including the maintenance of streets, issuance of building permits or furnishing of sewage facilities and water service, until the subdivision plat has been approved by the City Council. No improvements shall be initiated nor any contracts executed until this approval has been obtained F. Any owner or developer of any lot, tract or parcel of land located within the corporate limits of the city or within its extraterritorial jurisdiction who may wish to effect a subdivision of such land shall conform to the general procedure described as follows: r. I.F.R. (2) In the case of a proposed phased development, the subdivider shall file a preliminary plat showing the entire proposed subdivision, the various phases by which the subdivision will be developed, and lots that will be sold within the phase to be developed upon approval of the final plat by the City Council. If the subdivision is to be developed in phases or units, an overall master development plan for street, drainage, water and sewer improvements shall be submitted to the City Engineer by the subdivider's engineer at the time the first phase of construction is submitted for approval. This overall plan shall show the layout of streets and easements, lot configurations, water and sewer main locations and sizes, fire hydrant locations, manhole locations and drainage improvements, (3) After approval of the preliminary plat by the Planning and Zoning commission, and the City Council the subdivider may then prepare a "Final Plat" of all or a portion of the land included in the preliminary plat for submission to and consideration by the Planning and Zoning commission for final recommendations to the City Council. The final plm and aeeemp&%ying data must be submitted at least. �wenty (20) days prief to the date of the meeting that sueh acAion will be taken by the Planning an (4) Upon final action on any such plat by the City Planning and Zoning Commission, the same shall be referred to the City Council, and the City Council shall consider such final plat for acceptance of the dedication of all public property therein set forth, provided that the plat shall in all things fully comply with the terms and provisions of this ordinance. The City r,.,,, ei shall aet n the fma plat 3A4t i dii 30) days ffem the date sueh plat was aeted on by the Planning and Zoning ;] Developmentthe filing of a performance bond by the developer which covers said facilities, the developer shall r-epfedueible prWs to the City copies of the @pproval Final Plat in the number and form determined by the Director of Development Services to be approLnate for recordation with Denton Co . The City Seefetary shall immediately eause sueh plat to be feeefded in the plat Feeords of the eounty. The s4divider. sM1, however,, pay to the City, in a&anee, the fequifed fees fef filing of sueh plat by4he eounty el The recording of the final plat shall be the responsibility of the�C ft.DLirector of (6) In subdivisions approved for phased development no building permits shall be issued by the building official until the public improvements, including installation of franchise utilities, within that phase is completed and accepted by the City; (7) The subdivider shall include in the conditions of sale for each lot within the subdivision a notice to the purchaser that no certificate of occupancy shall be issued for any structure or building constructed therein unless and until the city has approved and accepted that phase of the subdivision; (8) The subdivider shall understand that all proposed improvements are to be installed or constructed at his own cost and expense, unless otherwise noted herein; and (9) Where a plat of a lot of record of undivided property is proposed to be subdivided and meets the criteria for abbreviated procedures set forth under the "short form subdivision," and providing [provided] all of the requirements have been met, the subdivider may submit a final plat to the city for approval. Where circumstances in the opinion of the administrative officers warrant, such plat may receive administrative approval, which acti ron shall authorize the building official to issue a building permit for improvements on said parcel. 4.03 - Preliminary Plat owl .. ...... .... .. The plat shall be drawn to a scale of not more than two hundred feet to the inch (1" = 200'). The information to be included and the procedure for submittals are as follows. A. Existing Features (1) The boundary line (accurate in scale) of the tract to be subdivided. (2) The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroads, rights -of --way and other important features, such as abstract lines, political subdivision or corporation lines, and school district boundaries. (3) Existing sewer mains, water mains, drainage culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated. (4) Contours with intervals of two feet (2') or less, referred to mean sea level datum. In areas where the terrain is relatively flat, supplementary contours shall be shown so that the average horizontal distance between said lines does not exceed two hundred feet (200'). (5) The names of adjacent subdivisions and/or the names of record owners of adjoining parcels of msubdivided land. B. New Features (1) The proposed name of the subdivision. (2) North point, graphic scale, date and approximate acreage of the proposed subdivision. (3) The names and addresses of the subdivider and of the engineer, surveyor or planner. (4) The tract designation and other description according to the real estate records of the city or county auditor and recorder; also, designation of the proposed uses of land within the subdivision. (5) All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose or limitations of such reservations. (6) The layout, names and widths of proposed streets, alleys and easements. (7) The layout, numbers, set -back lines and approximate dimensions of proposed lots, blocks, parks etc. .. Utilities the nronerties i is i water service wastewater service franchise utilities street li tingL and stormwater detenton. D. Location Map A location map of the proposed subdivision ' � �_ '�-t��=e��d-=ee+ !t �� — 'f nn(11 showing existing and proposed streets and thoroughfares covering an area at least ^^e le one thousand feet (1,000') outside the proposed subdivision. E. Cross -Sections Two (2) copies of the typical cross -sections of proposed streets showing the width of pavement, type of pavement and location and widths of sidewalks when not in conformance with standard details. F. Approval Block The following notice shall be placed on the face of each preliminary plat by the subdivider: "Preliminary Plat For Review Proposes Only." The following certificates shall be placed on the preliminary plat by the subdivider: Approved for Preparation of Final Plat City of Sanger, Texas Date Planning and Zoning Commission G. Submission PrNmvTOTHP spa Ara WMP • • ••OVORMS •WAWA • •fl, . . . . . • • • • MR WJ W�..i i..il_IS t4600 4LVA•anal•log a Me• aetio n r-e d the e.4 lat �r� YN � J� Y The City Cotmeil shall ae4 upon the prelifninafy plat wid4n thirty (30) days ffem the date of final aefiefl. . . �. • .. .t In • _�-� �---J-�-- r•L L�J with the submittal schedule as published by the De�arttnent of Development Services. address the contact information of the personsbe a ) preparing the submitted documents and designating a point of iate fee and drawi herein. A plat is consi H. Approval The approval of the preliminary plat shall be effective for a period of one hundred eighty (180) days after the approval date, unless reviewed by the Planning and Zoning Commission in the light of new or significant information, which would necessitate the revision of the preliminary plat. Such revision shall be subject to the same procedures as the original preliminary plat. If a final plat for the subdivision, or a portion thereof, has not been submitted, or if a change in requirements has not occurred which would affect the preliminary plat, at the end of the one hundred eighty (180) days after approval, then the City Planning and Zoning Commission may declare the preliminary plat null and void, unless the subdivider has requested and received an extension of time. I. Emotions Where the subdivider may request exceptions or a waiver of these regulations, or is in disagreement with the intent or interpretation of the requirements set forth herein, the city Planning and Zoning commission may submit such requests of the subdivider to the City Council with recommendations for either an approval or disapproval. .04 -Final Plat After approval of the preliminary plat, a final plat, prepared by a registered public surveyor and bearing his seal, shall be submitted to the city for consideration. A`IP 9k S RT M%W��t:S'.SrS's7:sa:r-s^.r-r-5 zc:..�,•rs........ rwwi� �i��.r �w,i.iae.>,ras. wa:��a��••••a-i:� � fi�117 lic,• w wl. i\Wl iiTlvJ./ 116M SaMi/l4'� I�wl.�\�li.�Alll�n The subdivider shall submit a letter of intent to the Director of Development Services providing their name and address the contact information of the person(s) preparing the submitted documents and designating a point of contact for future correspondence The letter shall also state the intent of the plat application briefly describing the location amount of land and particulars as to the intended use(s) of the property and requesting that the plat be reviewed and considered by the appropriate approval body. Such letter of intent shall be received in accordance with the submittal schedule as published by the Department of Development Services, and shall be accompanied by an application for plat approval the appropriate fee and drawings of the plat, as indicated erein. comprehensive review has been received. No plat will be considered by the City until all of the prescribed filing fees have been paid. The final plat may constitute all or only a portion of the approved preliminary plat, but any portion thereof shall conform to all of the requirements of these regulations unless exception has been granted by City Council. If final plats are submitted for approval for portions or sections of the proposed subdivision, each portion or section shall carry the name of the entire subdivision but shall bear a distinguishing letter, number or subtitle. Block letters shall run consecutively throughout the entire subdivision, even though such subdivision might be finally approved in sections. Upon receipt of the proper submittal (required copies of the final plat, the detailed engineering plans and other required data, and payment of all applicable fees,) and the individual cost estimates for site improvements for water, sanitary sewer, storm sewer and paving improvements shall be prepared and submitted in accordance with the following table: Description Unit Quantity Unit Price Cost Also to be included as other required data, the developer shall submit additional detailed cost estimates for any improvements to be constructed in which the City may be obligated for pro -rats or other refund amounts. These improvements shall be determined by the city and in accordance with the city's comprehensive plan. The final plat shall show or be accompanied by the following information: A. The boundary lines with accurate distances and bearings, a metes and bounds description of the boundary (error of closure shall not exceed one (1) in fifty thousand (50,000) for the plat boundary), exact acreage to hundredths, and the exact location and width of all existing or recorded rights -of --way intersecting the boundary of or bordering on the tract. One (1) copy of the traverse closure sheet shall be enclosed. B. True bearings and distances to the nearest established street lines, official monuments or subdivision corner, which shall be accurately described on the plat. Municipal, township, county or abstract survey lines shall be accurately tied to the lines of the subdivision by distances and bearings, where applicable. C. An accurate location of at least one (1) corner of the subdivision with reference to an original corner of the original survey of which the subdivision is a part or an existing permanent monument on an approved and recorded plat or permanent markers established by and approved by the City Engineer. D. An accurate location of the subdivision in reference to the deed records of the county which shall include the volume and page of the deed of the property to be subdivided. E. The exact layout, including: (1) Street and/or alley names; (2) The length of all arcs, radii, internal angles and points of curvature, length and bearing of the tangents; (3) All easements for right -of --way provided for public services or utilities and any limitations of the easements; and (4) All lot numbers and lines, with accurate dimensions in feet and hundredths and with bearings and angles to street and alley lines to the nearest second. F. The accurate location, material and approximate size of all monuments. �r. The accurate outline description of all property which is offered for dedication for public use, such as parks, etc., with the purpose indicated thereon, and all property that maybe reserved by deed covenant for the common use of the property owners in the subdivision. H. Building set -back lines. [. Lot grading plan. J. Private restrictions. K. Name of the proposed subdivision. L. Name and address of the subdivider. M. North point, graphic scale and date. N. City limits line, if it traverses the subdivision. O. Location map ' t-lesTtZrte t*''eur� t (1" — ?,nnn�) showing existing and proposed streets and thoroughfares covering an area at least on 1 ��'e one thousand feet (1,000') outside the proposed subdivision. P. Construction plans and profiles drawn on sheets, measuring twenty-four inches (24") by thirty-six inches (36"), the same size as the final plat, and including the following information. (1) A plan and profile of each street with top of curb grades shown. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum. Unless otherwise approved by the City, scales shall be one inch equals forty feet (1" = 40') horizontally and one inch equals four feet, five feet or six feet (1" = 4', 5' or 6') vertically. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans, (2) The typical cross -sections of proposed streets showing the width of roadways and type of pavement and location and width of sidewalk; (3) A plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated and showing locations of manholes, cleanouts, etc., and a plan of the proposed water distribution system showing pipe sizes and locations of valves, fire hydrants, fittings, etc., in conformance with the applicable criteria presented in Section 6, Improvements. Unless otherwise approved by the City, scales shall be one inch equals one hundred feet (1" =100') horizontally and one inch equals four feet, five feet or six feet (1" _ 1 5' or 6') vertically. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum; (4) A plan and profile of the proposed storm sewers, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, etc., in conformance with the criteria as shown in Section 6, Improvements. Unless otherwise approved by the City, scales shall be one inch equals forty feet (1" = 40') horizontally and one inch equals four feet, five feet or six feet (1" = 4', 5' or 6') vertically. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum; and (5) A plan of all the other utilities, showing the relative locations proposed for the water, sewer, storm sewer and gas mains, utility poles, TV and electrical services, street lighting, traffic -control signs, and street signs, and acknowledged by the appropriate representative of each agency involved*[.] Q. Certification by a registered public surveyor or licensed state land surveyor, registered in the State of Texas, to the effect that the plat represents a survey made by him or under his direct supervision and that all nonuments shown thereon have been verified and actually exist, and that their location, size and material are correctly shown. Such surveyor's certificate may be prepared as follows: "State of Texas County of Denton I hereby certify that this plat is true and correct and was prepared from an actual survey of the property made on the ground under my supervision. Registered Public Surveyor Texas R.P.S. No. " R. A certificate of ownership and dedication of all streets, alleys, parks and playgrounds to public use forever, signed and acknowledged before a notary public, by the owner or authorized representative and lien holder of the land, and a complete and accurate description of the land subdivided and the streets dedicated. Such owner's certificate may be prepared as follows: "State of Texas County of Denton The owner of land shown on this plat and whose name is subscribed hereto, and in person or through a duly authorized agent dedicates to the use of the public forever all streets, alleys, parks, watercourses, drains, Qasements and public places thereon shown for the purpose and consideration therein expressed. Owner" "State of Texas County of Denton Before me, the undersigned authority, on this day personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of ,4-920_. Notary Public, Denton County, Texas" S. The following certificate shall be included placed -on the plat in a manner that will allow the signatures of the designated officials and the affixing of the City Seal. pat4ies. Approved And Accepted Mayor City of Sanger, Texas Attested by City Secretary, City of Sanger, Texas'-' Date T. Certificate from City Tax Collector and from the proper official of other taxing agencies within whose jurisdiction the proposed subdivision lies showing that all ad valorem taxes, liens and fees have been paid on the tract to be subdivided. Two (2) sets of approved plans and specifications for water, sanitary sewer, paving and drainage improvements, prepared by a registered professional civil engineer, shall be submitted to the City prior to any construction in the subdivision. The approval of the construction drawings by the City Council shall be effective for a period of two (2) years after the approval date of the final plat unless the subdivider has requested and received an extension of time. Construction drawings which have expired shall be resubmitted to the city for approval before any construction is begun. The design of the proposed improvements shall be based on the construction requirements which are in effect at the time of resubmittal. 4.05 -Procedure For Short Form Subdivision A. Any subdivision or replat thereof which may be determined to fall within the following criteria may be termed a "short form subdivision" and shall comply with the abbreviated procedures set forth herein. "Plats for record" of [or] "lots of record" of unplatted property shall be deemed to meet these criteria if. (1) The land in question is not being subdivided into more than three (3) lots.[;] (2) The subdivision or use of the land subdivided does not necessitate any appreciable alteration of utility Installations, streets, alleys or building setback lines; and (3) The tracts so subdivided conform in size and shape to the lots in the vicinity and the zoning in the immediate area. -ol. All design, engineering, improvements and drawing information standards provided in these regulations applicable to all subdivisions shall be applicable to the short form subdivisions. Preliminary platting is not required. C. If the City. Engineer Director of Development Services finds that the final plat meets all the provisions of these regulations, he/she shall present the final plat to the commission and council for review. D. The fmal short form plat shall be filed with the city accompanied with the required filing fee. After all requirements have been met and signatures obtained, the plat and all other necessary instruments shall be filed for record with the county clerk by the City Secretary. E. In the case of plats for record, after all requirements have been met and the fmal short form plat properly filed, administrative approval may be granted. 4.06 -Construction of Improvements A. The subdivider/developer shall contract for improvements except where city participation is involved. In cases of city participation, the developer/owner shall comply with state statutes and city regulations regarding competitive bidding. B. The subdivider's/developer's engineer shall administer the contract. r Apre-construction conference, to be held at city hall, will be required. This conference shall be attended y the City Engineer (or authorized representative), the subdivider's/developer's engineer, the engineer's inspectors, the contractor(s), and other appropriate representative as deemed necessary by the City. 4.07 -Amended Plat Any person who wishes to revise a subdivision plat which has been previously filed for record must make an application of the proposed revised plat to the City Council. An amendment of a subdivision may be done for one of the following purposes. (1) to correct an error in a course or distance shown on the preceding plat; (2) to add a course or distance that was omitted on the preceding plat; (3) to correct an error in a real property description shown on the preceding plat; (4) to correct any other type of error or omission on a previously filed plat; (5) to replat one or more lots fronting on an existing street i£ (A) the owners of all lots join in the application for amending the plat; (B) the amendment does not attempt to remove any restrictions; (C) the amendment does not increase the number of lots; and (D) the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. `. Public Hearing is not requires [required] for the approval and issuance of an amended plat. The City Engi eef and city manager and Director of Development Services are delegated the approval responsibility of an amended plat. At any time the City Manager or City Engineer may elect to present the plat for approval to the Planning and Zoning commission and to the City Council, neither the City Manager nor the Director of Development Services,Q#f4in&cw shall disapprove a plat, and upon refusal to approve the amended plat shall refer the amended plat to the Planning and Zoning Commission and City Council. 4.08 -Replat or Resubdivision of Plats A. General (1) Replat or resubdivision %J a plat, or a portion thereof, but without vacation of the immediate previous plat, is hereby authorized; and shall be deemed valid and controlling, when approved, after a public hearing, by the Planning and Zoning Commission, when: (a) It has been signed and acknowledged by all the owners of the particular property which is being resubdivided or replatted. (b) It has been approved by the Planning and Zoning Commission, after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. rc) It does not attempt to alter, amend, or remove any covenants, easements or restrictions. (d) There is compliance, when applicable, with subsections (a), (b), and (c) of this section. requested: Replats or resubdivisions shall show or be accompanied by the information that is required for preliminary plats or final plats, whichever is applicable. Replats or resubmissions shall not be docketed for Planning and Zoning Commission consideration unless the requirements of this chapter are met. C. Notice and hearing. The following additional requirements for approval shall apply, in any resubdivision or replacing of a subdivision, without vacating the immediate previous plat, if any of the proposed area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two (2) residential units per lot: (1) Notice of Planning and Zoning Commission hearing shall be given in advance, in the following manner: (a) Publication at least fifteen (15) days in advance of hearing being published in the official newspaper of the City of Sanger. (b) Written notice (with a copy of subdivision (2) of Section 4.080 [4.08C] attached thereto) of such public hearing forwarded by the Planning and Zoning Commission to owners (as the ownerships appear on the last approved ad valorem tax roll of such governing body) of all lots in the immediate preceding subdivision plat not less than fifteen (15) days prior to the date of such hearing. Such notice may be served by depositing the same, properly addressed and postage paid, in the post office in closest proximity to the city hall of the City of Sanger, provided, however, if such immediate preceding subdivision plat shall contain more than one hundred (100) lots, such notice shall be mailed only to those owners of lots which are located within two hundred (200) feet of the lot or lots which are sought to be replatted or resubdivided. (2) If the proposed replat requires a variance or is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three -fourths of the members present of the Planning and Zoning commission and City Council. For a legal protest, written instruments signed by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning commission and City Council prior to the close of the public hearings. (3) Provided, however, compliance with subdivision (1) or (2) of Section 4.08C shall not be required for approval of a replatting or resubdividing of a portion of a prior plat, if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single- or duplex - family residential usage, by notation on the last legally recorded plat or in the legally recorded restriction applicable to such plat. (Ordinance 04-12-08, sec. 1, adopted 5/5/08) 2009 Schedule for Planning Applications Submittal Date Published Mailed Notice Planning & City Council (Wednesday 26 Notice (Friday 10 days Zoning Meeting days prior to P&Z (Thursday 18 days prior to P&Z) Commission (I" meeting of 12:00 NOON) prior to P&Z) Meeting following month) December 17 December 25th January 2° January 12t February 2n January 14 January 22" January 301 February 9'h March 2" February 26 February 19 February 27 March 9 April 6 March 18t March 26t April 3r April 13 May 4t April 15th Apri123` May 1 s May 11 June I" May 13 May 21" May 29th June 8n July 6 June 17tn June 25 July 2'a Jul 13 August 3r July 155tn July 21St July 31st August 10 September 8 August I 9th August 27t September 4th September 14 October St September 16 September 24 October 2° October 12 November 2n October 14m October 22 na October 30 November 9 December 7t November 18t November 26t December 4m December 14th January 4, 2010 Submittals are accepted before 12:00 Noon on the Wednesday 26 days prior to the Planning & Zoning Commission meeting. Submittals for plats are not accepted earlier than 28 days prior to the Planning & Zoning Commission meeting. Published Notice and Mailed Notice is required for zoning items that include a public hearing at the Planning & Zoning Commission meeting and/or City Council meeting. Deadlines and meeting dates are subject to change. Please consult with City Staff to confirm the schedule of events. P.O. Box 1729 201 Bolivar St Sanger, TX 76266 94045&2059 www.sangertexas.org Attention All Plat Customers! Effective Jan. 2, 2009 In order to increase efficiency with the plat recording process, our office will put in to place several changes that will become effective Friday, January 2, 2009. These changes will not only increase efficiency during the recording process but will positively affect the other offices that utilize the plat records on a daily basis. Because of the changes below, we will be better able to serve our customers that file plats as well as our customers that access these records! We will change size requirements, filing requirements, the filing/recording number issued as well as the duplicate copy process at the time of filing. The changes to the requirements are as follows: • The size of the plat shall be no larger or smaller than 24" x 36". Only this size will be accepted. • The County Clerk's Office will require one (1) black line with original signatures and seals; no exceptions. No other copies are necessary to record. • The recording fee for each plat will be a flat fee of $50.00 per plat page (tax certificates will be no additional recording charge). The numbering system of plats will coincide with the recording process for properly documents. We will no longer issue cabinet and page numbers to plats recorded. We do not store plats in cabinets and that numbering system is obsolete. We will issue the plat a document number that will consist of the year and the numeric number assigned at the time of recording (example: 2009-000001). The year portion will reflect the year the plat is recorded. The number portion will begin each year with number one and will continue to progress numerically as each plat is filed. This system has been in use for several years now in the property records and provides an efficient system to access records. For filers that wish to bring in extra copies at the time of recording, we will offer duplicate file stamp stickers for the customer to adhere to their copies. The first 2 duplicate stickers for copies are free and each additional sticker is $0.25. If you have any questions about the duplicate copies process at the time a plat is filed, the numbering system of the plat records, or the changes in filing requirements, please do not hesitate to contact me by e- mail at cynthia.mitchell@dentoncouniy.com We look forward to working with you to implement all of these changes smoothly on January 2"d There will be a grace period for sizing requirements so that plats that are currently in the process of City approval will still be accepted. Happy holidays! Sincerely, CIS, v�th%A M%tchel.l. -CI N CYNTHM MITCHELL County Clerk Age�c �TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable 0 Yes Z Not Applicable Council Meeting Date: March 16, 2009 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date fey ACTION REQUESTED: [']ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider and approve spending up to $25,000 of waste water tap fees for the purchase of a generator for the Waste Water Treatment Plant. FINANCIAL SUMMARY QN/A ❑GRANT FUNDS ❑OPERATING EXPENSE ®REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR. PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ 25,0 00.00 Special ❑ $ BACKGROUND/SUMMARY OF ITEM. Texas Commission for Environmental Quality (TCEQ) requires emergency backup power for wastewater treatment plants. Staff has reviewed various options to satisfy their requirements. It has been determined by staff that the purchase of used 200kW generator is the most fiscal approach to comply with the TCEQ requirements. Upon completion of our research we feel that we can purchase a reliable backup generator for the not to exceed amount of $25,000.00 STAFF OPTIONS & RECOMMENDATION Staff recommends approval of this item. List of Supporting DocumentslExhibits Attached: Contracts Prior Action/Review by Council, Boards, Commissions or Other Agencies: 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENU0R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-68438 001-15-5210 OFFICE SUPPLI NOTARY STAMP,PTTOF,SEAL 000000 37.87 99-02170 REINERT PAPER G CHEMICA I-229666 001-15-5245 JANITORIAL SU DUST MOP,MOP TREATMENT 000000 37.99 I-230738 001-15-5245 JANITORIAL SU JANITORIAL SUPPLIES 000000 46.52 99-19270 FAMILY DOLLAR I-022009 001-15-5210 OFFICE SUPPLI EAR BUDS 000000 2.50 DEPARTMENT 15 ADMINISTRATION TOTAL: 124.88 i 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VEciDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01830 NOR-TEX COMMUNICATIONS I-15492 001-20-5310 REPAIR & MAIN PROGRAM VOICE MAIL SYSTEM 000000 95.00 99-02170 REINERT PAPER & CHEMICA I-230125 001-20-5245 JANITORIAL SU RR CLEANER,TRASH BAGS 000000 28.71 99-08210 KWIK KAR I-2148870 001-20-5325 R & M MOTOR V STATE INSPECTIONS 000000 198.75 99-08760 GT DISTRIBUTORS INC 1-0256345 001-20-5260 SAFETY EQUIPM 10 FLASH LIGHT BATTERIES 000000 199.50 I-0256345 001-20-5260 SAFETY EQUIPM SHIPPING 000000 14.95 99-11900 TARRANT COUNTY COLLEGE I-44310 001-20-5240 TRAVEL EXPENS INTER USE OF FORCE- BISHO 000000 65.00 99-19500 NAPA AUTO PARTS I-158353 001-20-5325 R & M MOTOR V OIL & AIR FILTERS,BATTERI 000000 400.69 DEPARTMENT 20 POLICE TOTAL: 1,002.60 i PAGE: 3 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME 99-01240 INLAND TRUCK PARTS, INC I-18-23199 001-24-5325 DESCRIPTION R & M MOTOR V ENGINE 2 REPAIR SAFETY EQUIPM RHINO TOOL SAFETY EQUIPM 8' ROOF POLE SAFETY EQUIPM DRIP TORCH SAFETY EQUIPM DRIP TORCH BRACKET SAFETY EQUIPM SHIPPING R & M MINOR E AIR ANALYSIS ADVERTISING 500 PUB ED PENCILS ADVERTISING SHIPPING BANK: SB99 CHECK# AMOUNT ----------------------- 000000 189.63 000000 252.00 000000 220.50 000000 160.00 000000 46.00 000000 150.39 000000 137.50 000000 295.00 000000 21.90 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 1,472.92 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM $ G/L ACCOUNT NAME DESCRIPTION CHECKh AMOUNT 99-05600 MOORE MEDICAL CORP. I-80983207 001-25-5262 EMS SUPPLIES MEDICAL SUPPLIES 000000 454.58 I-80985627 001-25-5262 EMS SUPPLIES MEDICAL SUPPLIES 000000 39.98 99-16240 SCHAD & PULTE I-174583 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 14.00 I-174604 001-25-5262 EMS SUPPLIES MEDICAL OXYGEN 000000 22.00 99-17260 QUEST CARE I-0209 001-25-5235 DUES & REGIST MONTHLY DUES 2/09 000000 500.00 99-17630 CVC INCORPORATED I-585567 001-25-5262 EMS SUPPLIES EZ IO NEEDLE 000000 1,070.00 I-585567 001-25-5262 EMS SUPPLIES SHIPPING 000000 23.06 99-19310 INTERMEDIX TECHNOLOGIES I-FEB09 001-25-5430 PROFESSIONAL EMS BILLING FEB 09 000000 3,406.39 99-20320 STANLEY FORD I-12281 001-25-5325 R & M MOTOR V REPAIRS TO MEDIC 671 000000 11486,89 DEPARTMENT 25 AMBULANCE TOTAL: 7,016.90 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BANK: S999 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM N G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00820 DENTON COUNTY S.O. I-030309 001-26-5379 JAIL FEES LAY -OUT FEE GATES/JOHNSON 000000 120.00 99-02170 REINERT PAPER & CHEMICA I-230125 001-26-5245 BLD.& JANITOR RR CLEANER,TRASH BAGS 000000 28.71 99-18100 AMERICAN MUNICIPAL SERV I-3607 001-26-5745 MUNICIPAL SER WARRANT COLLECTION FEB 09 000000 715.36 99-19260 TYLER TECHNOLOGIES I-74934 001-26-5724 TECHNOLOGY FU WEB HOSTING & SUPPORT 000000 125.00 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 989.07 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 27 CUSTODIAL BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM H G/L ACCOUNT NAME DESCRIPTION 99-19500 NAPA AUTO PARTS I-158353 001-27-5325 R& M MOTOR V OIL G AIR FILTERS,BATTERI DEPARTMENT 27 CUSTODIAL PAGE: 6 BANK: SB99 CHECK# AMOUNT 000000 98.50 TOTAL: 98.50 ------------------------ 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-10022881 001-30-5326 R & M MINOR E READY MIX CONCRETE 000000 153.30 99-01290 J&K LIGHTING & SUPPLY I-4077 001-30-5260 SAFETY EQUIPM 18 V BATTERY 000000 136.00 99-08770 CPI OFFICE PRODUCTS I-2213695-0 001-30-5210 OFFICE SUPPLI HIGHLITERS,PEN,PAPER,POP- 000000 72.80 I-2215185 001-30-5210 OFFICE SUPPLI COLOR INK 000000 19.99 99-19460 TCI TIRE CENTERS I-6270001573 001-30-5325 R & M MOTOR V 2 FRONT BACKHOE TIRES 000000 282.72 99-19500 NAPA AUTO PARTS I-158584 001-30-5325 R & M MOTOR V BATTERY FOR 54-30 000000 98.49 DEPARTMENT 30 STREETS TOTAL: 763.30 3/10/2009 8:22 AM PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # ------------------------------------- 99-01170 HOLLINGSWORTH MFG CO.IN I-10/07-5778 I-10/07-5778 99-08770 CPI OFFICE PRODUCTS I-2213695-0 I-2213697-0 I-2213697-0 I-2213697-0 I-2213697-0 I-2213697-0 I-2213697-0 I-2213697-0 I-2213697-0 I-2215185 I-2215185 99-17270 PROFESSIONAL TURF PRODU I-1064173-00 I-1064173-00 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION 001-32-5393 BALL FIELD MA 9X13 "I" BEAM 001-32-5343 BALL FIELD MA 3" "C" PURLIN 001-32-5210 OFFICE SUPPLI TONER 001-32-5210 OFFICE SUPPLI POST IT DISPENCER 001-32-5210 OFFICE SUPPLI LEGAL PADS 001-32-5210 OFFICE SUPPLI PAPER CLIP DISPENCER 001-32-5210 OFFICE SUPPLI POST IT NOTES 001-32-5210 OFFICE SUPPLI JUMBO PAPER CLIPS 001-32-5210 OFFICE SUPPLI STAPLER 001-32-5210 OFFICE SUPPLI BLACK INK 001-32-5210 OFFICE SUPPLI TRI COLOR INK 001-32-5210 OFFICE SUPPLI BLANK INK 001-32-5210 OFFICE SUPPLI STAPLES 001-32-5343 BALL FIELD MA SPRING TINE REPLACEMENT 001-32-5343 BALL FIELD MA SHIPPING 99-19500 NAPA AUTO PARTS I-158351 001-32-5325 I-158351 001-32-5325 PAGE: 8 BANK: SB99 CHECK# AMOUNT ------------ ----------- 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 R & M MOTOR V LAV1N MOWER BATTERIES 000000 R & M MOTOR V ENVIRONMENTAL CHARGE 000000 DEPARTMENT 32 PARKS TOTAL: 380.00 118.40 44.73 7.99 7.33 2.75 10.6II 0.65 11.49 18.99 18.99 19.99 0.90 200.00 20.00 919.87 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 FLEET SERVICES BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V'c..�JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECKH AMOUNT 99-07750 HOME DEPOT/GECF I-027932/7013644 001-36-5245 MECHANIC SHOP STRETCH WRAP ROLL 000000 19.93 99-19500 NAPA AUTO PARTS I-158353 001-36-5223 CHEMICALS OIL & AIR FILTERS,BATTERI 000000 48.90 DEPARTMENT 36 FLEET SERVICES TOTAL: 68.83 3/10/2009 8:22 AM PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 40 SULLIVAN CENTER BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # -------------------- 99-02170 REINERT PAPER & CHEMICA I-230122 I-230122 I-230122 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECKN AMOUNT 001-40-5245 JANITORIAL & TOILET PAPER 000000 29.49 001-40-5245 JANITORIAL & PAPER TOWELS 000000 41.32 001-40-5245 JANITORIAL & AIR FRESHENER REFILLS 000000 44.46 DEPARTMENT 40 SULLIVAN CENTER TOTAL: 115.27 3/10/2009 8:22 AM PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BUDGET TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 BANK: SB99 VL.. JR NAME ITEM #k G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-228930-1 001-42-5245 OTHER OPERATI VACUUM CLEANER BAGS 000000 6.75 99-04850 MICRO MARKETING ASSOC.L I-271701 001-42-5227 BOOKS & OTHER GUIDE TO THE GREAT BEYOND 000000 23.66 I-271701 001-42-5227 BOOKS & OTHER STYLE CLINIC 000000 25.43 I-271701 001-42-5227 BOOKS & OTHER CRACKING THE GED 000000 20.93 I-271701 001-42-5227 BOOKS & OTHER NO LIMITS 000000 23.66 I-271701 001-42-5227 BOOKS & OTHER SHIPPING 000000 7.00 99-10760 BRODART CO I-8394147 001-42-5227 BOOKS & OTHER ART AND SOUL OF BAKING 000000 34.80 I-9394147 001-42-5227 BOOKS & OTHER ASSASSINS AT OSPREYS 000000 21.71 I-B394147 001-42-5227 BOOKS & OTHER BABIES WITH DOWN SYNDROME 000000 16.49 I-B394147 001-42-5227 BOOKS & OTHER BALANCED LIFE 000000 13.01 I-B394147 001-42-5227 BOOKS & OTHER BEACH CLUB 000000 8.30 I-B394147 001-42-5227 BOOKS & OTHER BLUE MOON 000000 12.97 I-B394147 001-42-5227 BOOKS & OTHER CLUMBSY CRAB 000000 13.88 I-B394147 001-42-5227 BOOKS & OTHER CODEPENDENCE AND THE POWE 000000 13.01 I-9394147 001-42-5227 BOOKS & OTHER DARK SUMMIT 000000 13.91 I-9394147 001-42-5227 BOOKS & OTHER FACE AT THE WINDOW 000000 11.77 I-B394147 001-42-5227 BOOKS & OTHER FILE FOR DIVORCE IN TEXAS 000000 24.32 I-B394147 001-42-5227 BOOKS & OTHER FULL BURN:ON THE SET 000000 22.61 I-B394147 001-42-5227 BOOKS & OTHER GLASS CASTLE 000000 13.37 I-B394147 001-42-5227 BOOKS & OTHER GOODBYE 20TH CENTURY 000000 22.62 I-B394147 001-42-5227 BOOKS & OTHER MICHELLE A BIOGRAPHY 000000 13.37 I-B394147 001-42-5227 BOOKS & OTHER KAPLAN GED 000000 20.01 I-B394147 001-42-5227 BOOKS & OTHER KISS OF ADVENTURE 000000 6.95 I-B394147 001-42-5227 BOOKS & OTHER RAVEN RISE 000000 13.04 I-B394147 001-42-5227 BOOKS & OTHER REPRESENT YOURSELF IN COU 000000 34.79 I-B394147 001-42-5227 BOOKS & OTHER RIVER SECRETS 000000 16.52 I-B394147 001-42-5227 BOOKS & OTHER ROCK AND ROLL LOVE 000000 6.95 I-B394147 001-42-5227 BOOKS & OTHER SAME KIND OF DIFFERENT AS 000000 19.13 I-B394147 001-42-5227 BOOKS & OTHER TOUCHING DARKNESS 000000 13.56 I-9394147 001-42-5227 BOOKS & OTHER VERY LAZY LADYBUG 000000 13.01 I-B394147 001-42-5227 BOOKS & OTHER WASTED: A CHILDHOOD STOLE 000000 21.75 I-B394147 001-42-5227 BOOKS & OTHER WHAT DOES MRS CLAUS DO 000000 13.91 I-B394147 001-42-5227 BOOKS & OTHER WHAT MATTERS: THE WORLD 000000 24.32 I-B394147 001-42-5227 BOOKS & OTHER WHITE SOUL 000000 12.17 I-B394147 001-42-5227 BOOKS & OTHER 1633 000000 13.91 I-B394147 001-42-5227 BOOKS & OTHER PROCESSING 000000 43.20 I-B406461 001-42-5227 BOOKS & OTHER PLUM SPOOKY 000000 16.63 I-B406461 001-42-5227 BOOKS & OTHER NIGHT AND DAY 000000 13.88 I-B406461 001-42-5227 BOOKS & OTHER PROMISES IN DEATH 000000 14.42 I-B406461 001-42-5227 BOOKS & OTHER FREDERICA 000000 12.14 I-B406461 001-42-5227 BOOKS & OTHER PROCESSING 000000 7.06 I-B406461 001-42-5227 BOOKS & OTHER POP-UP DINOSAURS GALORE 000000 13.88 I-B406461 001-42-5227 BOOKS & OTHER VERY UGLY BUG 000000 13.88 I-B406461 001-42-5227 BOOKS & OTHER PROCESSING 000000 0.79 3/10/2009 8:22 AM PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM if 99-11820 STEWART ORGANIZATION I-91371 99-20220 INGRAM REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 001-92-5332 DESCRIPTION OFFICE MACHIN COPIER CONTRACT PAGE: 12 BANK: SB99 CHECK# 000000 AMOUNT 34.46 I-41878882 001-42-5227 BOOKS & OTHER ALLERGIC TO GIRLS,SCHOOL 000000 8.49 I-41878882 001-42-5227 BOOKS & OTHER THE GINGERBREAD COWBOY 000000 9.55 I-41878882 001-42-5227 BOOKS & OTHER THE GOLLYWHOPPER GAMES 000000 9.02 I-41878882 001-42-5227 BOOKS & OTHER THE GREAT TX HAMSTER DR 000000 9.02 I-41878882 001-42-5227 BOOKS & OTHER HELP ME,MR, MUTT! EXPERT 000000 9.03 I-41878882 001-42-5227 BOOKS & OTHER THE HOUND OF ROWAN 000000 9.02 I-41878882 001-42-5227 BOOKS & OTHER MARTINA THE BEAUTIFUL COO 000000 10.59 I-41878882 001-42-5227 BOOKS & OTHER MAYBELLE IN THE SOUP 000000 9.00 I-41878882 001-42-5227 BOOKS & OTHER NIC BISHOP FROGS 000000 9.55 I-41878882 001-42-5227 BOOKS & OTHER PALE MALE:CITIZEN HAWK OF 000000 9.02 I-41878882 001-42-5227 BOOKS & OTHER PIPER REED, NAVY 000000 7,94 I-41878882 001-42-5227 BOOKS & OTHER SAVVY 000000 9.02 I-41878882 001-42-5227 BOOKS & OTHER SUPRISES ACCORDING TO HUM 000000 7.96 I-41878882 001-42-5227 BOOKS & OTHER TWO -MINUTE DRILL 000000 5.30 I-41878682 001-42-5227 BOOKS & OTHER WE ARE THE SHIP: THE STOP. 000000 10.08 I-41878882 001-42-5227 BOOKS & OTHER WHAT TO DO ABOUT ALICE? 000000 9.02 I-41878882 001-42-5227 BOOKS & OTHER BARCODE PROTECTOR,LABELS 000000 11.42 I-41B78882 001-42-5227 BOOKS & OTHER BARCODE,LABELS,JACKET 000000 3.56 I-41894274 001-42-5227 BOOKS & OTHER FIONA LOVES THE NIGHT 000000 9.02 DEPARTMENT 42 LIBRARY TOTAL: 929.54 3/10/2009 8:22 AM PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 60 PROPERTY TAX BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # 99-00740 DCAD I-4893 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 001-60-5420 CONTRACTUAL S 2ND QTR 000000 4,823.02 DEPARTMENT 60 PROPERTY TAX TOTAL: 4,823.02 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 62 HEALTH BUDGET TO USE: CB -CURRENT BUDGET VEivoOR NAME ITEM # G/L ACCOUNT NAME 99-12680 BAILEY ENVIRONMENTAL, C I-022809 001-62-5420 PAGE: 14 BANK: 5899 DESCRIPTION CHECK# HEALTH SERVIC 17 HEALTH INSPECTIONS 000000 AMOUNT 1,700.00 DEPARTMENT 62 HEALTH TOTAL: 1,700.00 FUND 001 GENERAL FUND TOTAL: 20,024,70 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-68438 008-15-5210 OFFICE SUPPLI NOTARY SEAL,CITY SEAL,PAY 000000 37.87 99-02170 REINERT PAPER & CHEMICA I-229666 008-15-5245 JANITORIAL SU DUST MOP,MOP TREATMENT 000000 37.99 I-230738 008-15-5245 JANITORIAL SU JANITORIAL SUPPLIES 000000 46.52 99-19270 FAMILY DOLLAR I-022009 008-15-5210 OFFICE SUPPLI EAR BUDS 000000 2.50 DEPARTMENT 15 ADMINISTRATION TOTAL: 124.88 3/10/2009 8:22 AM PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 27 CUSTODIAL BUDGET TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER VEDlllOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-19500 NAPA AUTO PARTS I-158353 008-27-5325 R & M MOTOR V OIL & AIR FILTERS,BATTERI PAGE: 16 BANK: SB99 CHECK# AMOUNT 000000 98.50 DEPARTMENT 27 CUSTODIAL TOTAL: 98.50 PAGE: 17 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 FLEET SERVICES BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME 99-07750 HOME DEPOT/GECF I-027932/7013644 008-36-5245 99-19500 NAPA AUTO PARTS I-158353 008-36-5223 BANK: SB99 DESCRIPTION CHECK# MECHANIC SHOP STRETCH WRAP ROLL 000000 CHEMICALS OIL & AIR FILTERS,BATTERI 000000 DEPARTMENT 36 FLEET SERVICES TOTAL: AMOUNT 19.92 98.90 68.82 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 WATER BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VEivoOR NAME ITEM It G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02260 S&S TELEMETRY I-8337/8336 008-50-5420 CONTRACTUAL S ULTRASONIC TRANSMITTER 000000 540.00 99-02910 UPPER TRINITY I-W270902 008-50-5385 WATER PURCHAS VOLUME CHARGE 000000 5,764.35 I-W270902 008-50-5386 UTILITY DEMAN DEMAND CHARGE 000000 12,837.29 99-08770 CPI OFFICE PRODUCTS I-2213695-0 008-50-5210 OFFICE SUPPLI TONER 000000 44.73 I-2215185 008-50-5210 OFFICE SUPPLI COLOR INK 000000 19.98 DEPARTMENT 50 WATER TOTAL: 19,206635 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 52 WASTE WATER COLLECTION BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # 99-02260 S&S TELEMETRY I-8337/8336 G/L ACCOUNT NAME DESCRIPTION 008-52-5311 R & M LIFT ST ULTRASONIC TRANSMITTER PAGE: 19 BANK: SB99 CHECK# AMOUNT ----------------------- 000000 2,066.64 DEPARTMENT 52 WASTE WRTER COLLECTION TOTAL: 2,066.64 3/10/2009 8:22 AM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 WASTE WATER TREATMENT BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-19480 HUTHER & ASSOCIATES, IN I-32413 008-54-5377 TESTING LAB SAMPLES PAGE: 20 BANK: SB99 CHECK# AMOUNT 000000 540.00 DEPARTMENT 54 P7ASTE PdATER TREATMENT TOTAL: 590.00 3/10/2009 8:22 AM PACKET: 02182 Regular Payments VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 ELECTRIC DEPARTMENT BUDGET TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER VENllOR NAME ITEM # G/L ACCOUNT NAME 99-01290 J&K LIGHTING & SUPPLY I-4078 008-58-5250 I-4078 008-5B-5250 99-01380 KARL-KLEMENT FORD, INC. I-199733 99-02170 REINERT PAPER & CHEMICA I-229822 99-02690 TECHLINE, INC. I-1440762-00 I-1440950-00 I-1440950-00 I-1440950-00 I-1440950-00 99-02970 OFFICE DEPOT I-465168197-001 I-465168197-001 I-465168197-001 9°".870 NORTHERN TOOL I-19513269 I-19513269 I-19513269 I-19513269 I-19513269-2 I-19513269-2 I-19556035 I-19556035 I-19556035 99-17640 DOLLAR GENERAL I-102025 99-19500 NAPA AUTO PARTS I-158353 99-19890 ECLIPSE MERCANTILE COMP I-67296 008-58-5325 DESCRIPTIO[Q MINOR TOOLS DP]ALT DRILL MINOR TOOLS 18 V BATTERIES R & M MOTOR V HOS'E ASSEMBLEY JANITORIAL SU 63" MOPHEAD PAGE: 21 BANK: SB99 CHECK## 000000 000000 000000 000000 AMOUNT 200.00 908.00 37.11 008-58-5360 SYSTEM MtIINTE GROUNDING CONNECTOR 000000 204.00 008-58-5360 SYSTEM MAINTE WR159 CONNECTORS 000000 35.00 008-58-5360 SYSTEM MAINTE UR289 CONNECTORS 000000 60.00 008-58-5360 SYSTEM MAINTE WR419 CONNECTORS 000000 34.00 008-58-5360 SYSTEM MAINTE C-7 COVER 000000 50.00 008-58-5210 OFFICE SUPPLI GRIST REST 000000 17.49 008-58-5210 OFFICE SUPPLI COFFEE MAKER 000000 56.98 008-58-5210 OFFICE SUPPLI AA BATTERIES 000000 11.50 008-58-5250 MINOR TOOLS SPRAY GUN 000000 22.99 008-58-5250 MINOR TOOLS WAND W/ NOZZLE HOLDER 000000 24.99 008-58-5250 MINOR TOOLS BREASS COUPLER 000000 6.99 008-58-5250 MINOR TOOLS SHIPPING 000000 3.04 008-58-5245 JANITORIAL SU 1 GAL TRUCK WASH 000000 20.97 008-58-5245 JANITORIAL SU SHIPPING 000000 23.04 008-58-5250 MINOR TOOLS STEEL NIPPLE 000000 2.99 008-58-5250 MINOR TOOLS 3.5 W/25" SPRAY 000000 7,99 008-58-5250 MINOR TOOLS FREIGHT 000000 5.99 008-58-5215 FOOD COFFEE CREAMER 000000 15.25 008-58-5325 R & M MOTOR V OIL & AIR FILTERS,BATTERI 000000 197.73 008-58-5250 MINOR TOOLS FILE FOR CHAINSAW CHAIN 000000 5.52 DEPARTMENT 58 ELECTRIC DEPARTMENT TOTAL: 1,463.55 FUND 008 ENTERPRISE FUND TOTAL: 23,568.74 REPORT GRAND TOTAL: 43,593.99 2/25/2009 11:59 AM PACKET: 02143 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND A / P CHECK REGISTER ��NDOR NAME / I.D. DESC 02260 S&S TELEMETRY I-7330 LABOR CL2 INJECTOR I-8331 LABOR LAKE RIDGE LTF SCAT I-8332 ULTRASONIC TRANSMITTER TO'I'AL 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 2/24/2009 R 2/24/2009 R 2/24/2009 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 120600CR 039009 240.000R 039009 1,866.000R 039009 2,226.00 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 2,226.00 2,226.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 2,226.00 2,226.00 2/26/2009 9:59 AM A / P CHECK REGISTER PAGE: 1 PACKET: 02147 Regular Payments VENDOR SET: 99 BANK S999 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DISC TYPE DATE DISCOUNT AMOUNT NOif AMOUNT 1 ANDREA LATHAM I-200902261560 JURY SERVICE 02/ R 2/26/2009 6.00CR 039010 6.00 1 ANGELA KHADER 1-200902261557 JURY SERVICE 2/1 R 2/26/2009 6.00CR 039011 6.00 1 CASEY BARCLAY I-200902261566 JURY SERVICE 02/ R 2/26/2009 6.00CR 039012 6.00 15730 DENTON COUNTY CLERK OF COURT I-200902231554 APPEAL BOND - GARCIA R 2/26/2009 334.00CR 039013 334.00 18190 DEPARTMENT OF INFORMATION RESOURCE I-9010876T LONG DISTANCE JAN 09 R 2/26/2009 61.30CR 039014 I-DEC08 LONG DISTANCE DEC O8 R 2/26/2009 61.68CR 039014 122.98 1 DONNA PARK I-200902261564 JURY SERVICE 02/19/ R 2/26/2009 6.00CR 039015 6.00 1 ELLEN ROBERSON I-200902261563 JURY SERVICE 02 R 2/26/2009 6.00CR 039016 6.00 1.20 EMERGENCY COMMUNICATIONS NETWORK I-7291-2 6 MONTHS WEATHER WARNING R 2/26/2009 11625.00CR 039017 1,625.00 1 ESTELLA TOVAR I-200902261567 JURY SERVICE 02/ R 2/26/2009 6.00CR 039018 6.00 18430 FIRST UNITED BANK I-0209 BRAZOS WIRE 12/20-1/20/09 R 2/26/2009 372,482.72CR 039019 372,482.72 18790 FUELMAN I-NP164588638 FUEL 2/2 - 2/8/09 R 2/26/2009 11256.99CR 039020 I-NP16541627 FUEL 2/9/09 - 2/15/09 R 2/26/2009 1,142.18CR 039020 I-NP16625669 FUEL 2/16/09 - 2/22/09 R 2/26/2009 949.29CR 039020 3,348.46 1 JIMMY CRYER I-200902261558 JURY SERVICE 02/19 R 2/26/2009 6.00CR 039021 6.00 1 KEN SANDERS I-200902261561 JURY SERVICE 02/19 R 2/26/2009 6.00CR 039022 6.00 2/26/2009 9:59 AM A / P CHECK REGISTER PAGE: 2 PACKET: 02147 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK v�NDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 1 LARRY FEVER I-200902261559 JURY SERVICE 02/19 R 2/26/2009 6.00CR 039023 6.00 1 MARY WEST I-020209 MARY WEST CC DEPOSIT R 2/26/2009 100.00CR 039024 100.00 1 MICHAEL PENNINGTON I-200902261562 JURY SERVIC R 2/26/2009 6.00CR 039025 6.00 20090 RANDY MILLER I-10443 REIMB EMT SCHOOL R 2/26/2009 525.00CR 039026 525.00 1 PATRICIA LUTKENHAUS I-200902261556 JURY SERVI R 2/26/2009 6.00CR 039027 6.00 02920 US POSTAL SERVICE I-200902261555 ANNUAL RENEWAL BOX 1729 R 2/26/2009 306.00CR 039028 306.00 1 WANDA NUBINE I-200902261565 JURY SERVICE 02/1 R 2/26/2009 6.00CR 039029 6.00 19160 WORKERS ASSISTANCE PROGRAM, INC. I-DEC08JAN09 DEC 08 & JAN 09 R 2/26/2009 336442CR 039030 336.42 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 21 0.00 379,252.58 379,252.58 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE-SN]RITE 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: 21 0.00 379,252.58 379,252.58 i i TOTAL ERRORS: 0 TOTAL WARNINGS: 0 2/26/2009 4:16 PM A / P CHECK REGISTER PACKET: 02152 Regular Payments VENDOR SET: 99 BANK GNB99 GNB-ACCOUNTS PAYABLE FUND CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 13080 BLUE CROSS BLUE SHIELD I-200902261569 BLUE CROSS BLUE SHIELD R 2/26/2009 I-200902261570 DEEDEE ELLIOTT R 2/26/2009 I-INS200902121549 HEALTH INSURANCE R 2/26/2009 I-INS200902261568 HEALTH INSURANCE R 2/26/2009 TOTAL ERRORS: 0 ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK DISCOUNT AMOUNT NO# PAGE: 1 CHECK AMOUNT 21,462.00CR 039037 298.61CR 039037 1,937.50CR 039037 1,937.50CR 039037 25,635.61 NO# DISCOUNTS CHECK AMT TOTAL APPLIED 1 0.00 25,635.61 25,635.61 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 0.00 25,635.61 25,635.61 2/27/2009 3:54 PM A / P CHECK REGISTER PACKET: 02157 Regular Payments VENDOR SET: 99 BANK GNB99 GNB-ACCOUNTS PAYABLE FUND PAGE: 1 CHECK CHECK CHECK CHECK ..fNDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 09600 AFLAC C-200902271573 BELINDA LEES R 2/27/2009 12.09 039038 I-AFK200902121549 INSURANCE R 2/27/2009 88.43CR 039038 I-AFK200902261568 INSURANCE R 2/27/2009 131.73CR 039038 I-AFL200902121349 INSURANCE R 2/27/2009 lr006.02CR 039038 I-AFL200902261568 INSURANCE R 2/27/2009 lt04lv43CR 039038 21255.52 10180 BELINDA LEES I-200902271574 BELINDA LEES R 2/27/2009 12.05CR 039039 12.05 07850 CLEAT I-CLT200901291532 ASSOCIATION DUES EMPLOYEE R 2/27/2009 105.00CR 039040 I-CLT200902121549 ASSOCIATION DUES EMPLOYEE R 2/27/2009 105.00CR 039040 210.00 07370 EDWARD JONES INVESTMENTS I-INV2005080465 EDWARD JONES INVESTMENTS R 2/27/2009 20.000R 039041 20.00 10610 LEADERSLIFE INS. COMPANY C-200902271575 LEADERSLIFE INS. COMPANY R 2/27/2009 0.06 039042 I-200902271576 LEADERSLIFE INS. COMPANY R 2/27/2009 0.02CR 039042 I-LLI200902121549 LIFE INSURANCE R 2/27/2009 60.68CR 039042 I-LLI200902261568 LIFE INSURANCE R 2/27/2009 60.68CR 039042 121.32 70 SUN LIFE FINANCIAL I-200902271572 SUN LIFE FINANCIAL R 2/27/2009 11073.39CR 039043 I -GE 200902121549 DENTAL PLAN R 2/27/2009 491.16CR 039043 I -GE 200902261568 DENTAL PLAN R 2/27/2009 491.16CR 039043 2,055.71 17930 ROBERT WOODS I-52456 REIMB FOR RECORDING FEES R 2/27/2009 30.98CR 039044 30.98 * * T 0 T A L S * * NO# DISCOUNTS CHECK ANT TOTAL APPLIED REGULAR CHECKS: 7 0.00 4,705.58 4,705.58 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: 7 0.00 4,705.58 41705.58 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 3/02/2009 2:17 PM PACKET: 02161 PHONE CHECKS VENDOR SET: 99 BANK S899 SB-ACCOUNTS PAYABLE FUND I A / P CHECK REGISTER vENDOR NAME / I.D. DESC 10600 AL DeSANTIAGO I-030109 MARCH 09 CELL PHONE 04050 CURTIS AMYX I-030109 MARCH 09 CELL PHONE 15100 JOSH BISHOP I-030109 MARCH 09 CELL PHONE 17730 MIKE BRICE I-030109 MARCH 09 CELL PHONE 00020 ROSE CHAVEZ I-030109 MARCH 09 CELL PHONE 08790 JUSTIN FULLER I-030109 MARCH 09 CELL PHONE 19830 JOE ILIFF I-030109 MARCH 09 CELL PHONE 08020 RONALD KINNEY I-030109 MARCH 09 CELL PHONE 03920 STEVE LEHOTSKY I-030109 MARCH 09 CELL PHONE 04350 DAVID PENNINGTON I-200808141111 CHEIFS MABAS MEETING 08300 JONATHAN PERKINS I-030109 MARCH 09 CELL PHONE 04240 MIKE PRATER I-030109 MARCH 09 CELL PHONE 06750 MIKE RILEY I-030109 MARCH 09 CELL PHONE 18030 JOHN SPRINGER I-030109 MARCH 09 RENT CHECK CHECK TYPE DATE R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 R 3/02/2009 PAGE: 1 CHECK CHECE< DISCOUNT AMOUNT NOlf AMOUNT 50.000R 039045 50.00 50.000R 039046 50.00 50.000R 039047 50.00 50.000R 039048 50.00 50.000R 039049 50.00 50.000R 039050 50.00 50.000R 039051 50.00 50.000R 039052 50.00 50.000R 039053 50.00 34.89CR 039054 34.89 50.00CR 039055 50.00 50.000R 039056 50.00 50.000R 039057 50.00 1,000.00CR 039058 1,000.00 PAGE: 2 3/02/2009 2:17 PM A / P CHECK REGISTER PACKET: 02161 PHONE CHECKS VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND VENDOR NAME / I.D. DESC 19850 LAWRENCE STEVENSON I-030109 MARCH 09 CELL PHONE 19220 STONEY WARD I-030109 MARCH 09 CELL PHONE 07700 JOSHUA VEST I-030109 MARCH 09 CELL PHONE T" T:, ERRORS: 0 I ** T O T A L S REGULAR CHECKS: HANDWRITTEN CHECKS: PRE -WRITE CHECKS: DRAFTS: VOID CHECKS: NON CHECKS: CORRECTIONS: REGISTER TOTALS: TOTAL WARNINGS: 0 CHECK CHECK TYPE DATE R 3/02/2009 R 3/02/2009 R 3/02/2009 NO# DISCOUNTS 17 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# AMOUNT 50.00CR 039059 50.00 50.00CR 039060 50.00 50v00CR 039061 50.00 CHECK AMT 1,784.89 0.00 0.00 0.00 0.00 0.00 0.00 1,789.89 TOTAL APPLIED 1,784.89 0.00 0.00 0.00 0.00 0.00 0.00 1,784.89 3/04/2009 12:39 PM A / P CHECK REGISTER PACKET: 02137 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND PAGE: 1 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT *VOID* VOID CHECK V 3/04/2009 039077 **VOID** 00180 AMERICAN MESSAGING I-H1617057JC ON CALL PAGERS R 3/04/2009 27.52CR 039062 27652 18100 AMERICAN MUNICIPAL SERVICES I-3537 WARRANT COLLECTION R 3/04/2009 301.20CR 039063 I-3548 UTILITY DEBT COLLECTION R 3/04/2009 381.89CR 039063 683.09 20310 AMERICAN PLANNING ASSOCIATION I-094401-081207 REGISTRATION R 3/04/2009 359.00CR 039064 359.00 02460 AT&T MOBILITY I-824886528X0222009 WIRELESS 1/15/09-2/14/09 R 3/04/2009 488.82CR 039065 488.82 10990 BEARDS STORAGES I-2009 12 MONTH LEASE R 3/04/2009 600.00CR 039066 600.00 10760 BRODART CO I-B389766 11 BOOKS R 3/04/2009 5.54CR 039067 5.54 11220 BSN/COLLEGIATE PACIFIC I-92989724 HOSE,NOZZLE,PLUGS,TOOLS R 3/04/2009 364.06CR 039068 364,06 14560 C & G WHOLESALE I-30490 S/S SHIRT - CARL PARKER R 3/04/2009 33.49CR 039069 I-30515 CARL PARKER UNIFORMS R 3/04/2009 88.98CR 039069 I-30522 UNIFORMS - WARD R 3/04/2009 654.85CR 039069 777.32 20210 CALDWELL COUNTY CHEVROLET I-91261962/91261826 2) 2009 CHEV IMPALA PD R 3/04/2009 39,682.00CR 039070 39,682*00 18740 CHILD SMART ID 1-93 POLICE ID-PARKER,WARD,DOD R 3/04/2009 28.00CR 039071 28600 20280 HUGH COLEMAN I-200903041585 DEC 08, JAN & FEB 09 R 3/04/2009 3,OOO.00CR 039072 3,000.00 20240 COLLISION PAINT & REPAIR I-022409 REPAIR TO 671 APPARATUS R 3/04/2009 1,321.62CR 039073 1,321.62 04160 COMET CLEANERS I-328368 CLEANING SANTA SUIT ,R 3/04/2009 25.00CR 039074 I-JAN09 ELECT DEPT CLEANING-01/09 R 3/04/2009 56.25CR 039074 81.25 3/04/2009 12:39 PM A / P CHECK REGISTER PACKET: 02137 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND PAGE: 2 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 00640 COMMERCIAL SERVICES I-MAR09 ICE MACHINE R 3/04/2009 400.00CR 039075 400.00 00790 COUNTY BUILDERS SUPPLY, INC. I-10022361 FURNACE FILTERS R 3/04/2009 3.98CR 039076 I-10022443 MISC BITS & REPAIR ITEMS R 3/04/2009 146.97CR 039076 I-10022478 SCRAPER,PUTTY KNIFE R 3/04/2009 13.78CR 039076 I-10022502 LOCK&KEY, PAINT THINNER R 3/04/2009 23.78CR 039076 I-10022503 INSULATION, FUACET COVER R 3/04/2009 18.74CR 039076 I-10022589 FLAG POLE ROPE,WAX RING R 3/04/2009 108999CR 039076 I-10022607 HANDLE FOR TOILET R 3/04/2009 4.29CR 039076 I-10022628 THERMOSTAT R 3/04/2009 31.99CR 039076 I-10022634 LIGHT BULBS,SMOKE DETECTO R 3/04/2009 49.07CR 039076 I-10022700 SHOP SUPPLIES R 3/04/2009 40.23CR 039076 I-10022746 DEAD BOLT DOUBLE CYL LOCK R 3/04/2009 23.39CR 039076 I-10022750 NUT,SLEEVE,TUBING CUTTER R 3/04/2009 12.26CR 039076 I-10022770 SAW BLADES R 3/04/2009 20.98CR 039076 I-10022786 32 BAGS SACK CRETE R 3/04/2009 116.80CR 039076 I-200903031579 MISC MECHANIC SHOP SUPPLY R 3/04/2009 965.28CR 039076 1,580.53 08770 CPI OFFICE PRODUCTS I-2205665-0 DVDRVI,DVD-R,STAPLER,INK R 3/04/2009 179.38CR 039078 I-2205751-0 TONER,AIR DUSTER,INK R 3/04/2009 170.75CR 039078 I-2208349-0 PENCILS,PENS,HIGHLIGHTERS R 3/04/2009 79.34CR 039078 I-2208357-0 OFFICE SUPPLIES R 3/04/2009 160.97CR 039078 590.44 20160 DARLEY FIRE EQUIPMENT I-0000817328 TOOLS R 3/04/2009 1,320.15CR 039079 I-0000817477 TOOLS R 3/04/2009 199.90CR 039079 I-0000818330 TOOLS R 3/04/2009 1,797.90CR 039079 I-114300 TOOLS R 3/04/2009 298.85CR 039079 3,616.80 03140 DATA FL064: CLASSIC COMPUTER SUPPLIES, INC. I-50485 W2 AND 1099 FORMS R 3/04/2009 76.09CR 039080 76.09 08460 DELL COMPUTERS, LLP I-632292276 SERVER/MOTHER BOARD/USB C R 3/04/2009 398.000R 039081 398.00 03800 DEMCO I-3462365 CARDS,BARCODES R 3/04/2009 190.61CR 039082 140.61 15580 DENTON COUNTY ELECTIONS I-200903031580 DEPOSIT R 3/04/2009 2,478.96CR 039083 2,478.96 3/04/2009 12:39 PM A / P CHECK REGISTER PAGE: 3 PACKET: 02137 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 06490 DENTON REGIONAL MEDICAL I-020509 ESCREEN,PRE-EMPLOY R 3/04/2009 476.00CR 039084 476.00 17640 DOLLAR GENERAL I-101733- CUPS,SPOONS,BLEACH,SOAP R 3/04/2009 52.55CR 039085 52.55 18340 FIRST ADVANTAGE BACKGROUND SVCS I-7750YD0901 DODSON, GARLAND R 3/04/2009 38.50CR 039086 38.50 1 GLENN FOGG I-200903041582 GLENN FOG DEPOSIT R R 3/04/2009 100.00CR 039087 100.00 03660 GOHLKE POOL SUPPLY, INC. I-71594-1 CL2 GRANULES R 3/04/2009 169.99CR 039088 169.99 02610 HD SUPPLY, INC I-1121440-00 30 ATQ 10 FUSES R 3/04/2009 91.50CR 039089 91.50 19480 HUTHER & ASSOCIATES, INC I-32376 MONTHLY LAB SAMPLES R 3/04/2009 620mOOCR 039090 620.00 04930 KAUFFMAN TIRE, CORP. I-557809 TIRES R 3/04/2009 596900CR 039091 596.00 01920 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-10900016 LEGAL SERVICES JAN 09 R 3/04/2009 11184.00CR 039092 1,184.00 01830 NOR-TEX COMMUNICATIONS I-15487 ACTIVATED JACK 23 CANDACE R 3/04/2009 95.00CR 039093 95.00 02970 OFFICE DEPOT I-463944326-001 OFFICE SUPPLIES R 3/04/2009 119.84CR 039094 119.84 05050 THE PENWORTHY COMPANY I-235860 19 BOOKS R 3/04/2009 304.57CR 039095 304.57 12710 PETTIT MACHINERY, INC I-200903041583 BLADES,VIEEDEATER STRING R 3/04/2009 390.15CR 039096 390.15 02090 CHRISTY PUNCHES I-200903041584 MILEAGE - ARLINGTON R 3/04/2009 68.49CR 039097 68.49 3/04/2009 12:39 PM A / P CHECK REGISTER PACKET: 02137 Regular Payments VENDOR SET: 99 BANK SB99 SB—ACCOUNTS PAYABLE FUND PAGE: 4 CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 17260 QUEST CARE I-0109 MEDICAL CONTROL JAN 09 R 3/04/2009 500400CR 039098 500.00 18380 R&T MECHANICAL I-18287 AC REPAIR AT POLICE DEPT R 3/04/2009 160o00CR 039099 160.00 02140 RADIO SHACK I-10028841 BATTERIES R 3/04/2009 74.89CR 039100 I-10035008 KEY R 3/04/2009 1.99CR 039100 76.88 02170 REINERT PAPER & CHEMICAL, INC. I-229520 TRASH BAGS,BLEACH R 3/04/2009 26.53CR 039101 26.53 1 SHELBY LARDIZABAL I-200903041581 SHELBY LARDI R 3/04/2009 100.00CR 039102 100.00 04390 DANNY SPINDLE I—FEB09 COURT FOR FEB 09 R 3/04/2009 700oOOCR 039103 700.00 18620 STERICYCLE I-4000674691 BIO PICK UP R 3/04/2009 14.16CR 039104 14.16 r.. f) STEVE MOSSMAN—DENTON CO I-200903041586 2008 DELINQUENT NOTICE R 3/04/2009 170.09CR 039105 170.09 20250 STEWART ROSE PROPERTIES I-9003058 REIMB FOR REPAIRS @ FREES R 3/04/2009 512.50CR 039106 512.50 00450 SUPER SAVE I-021809 WTR,ANT SPRAY,PLATES,LIGH R 3/04/2009 8.44CR 039107 8.44 12460 SUPREME PARTS WASHERS I—S14420 PARTS WASHER SERVICE R 3/04/2009 150400CR 039108 I—S14931 PARTS WASHER SERVICE R 3/04/2009 150.00CR 039108 300.00 02690 TECHLINE, INC. I-1440762-01 FUESE,GROUNDING CONNECTOR R 3/04/2009 693.50CR 039109 I-1440767-00 AMPACT SHELLS,POLESET R 3/04/2009 21042.50CR 039109 I-1440768-00 AMPACT SHELLS,POLESET R 3/04/2009 231.25CR 039109 I-1440768-00— AMPACT SHELLS R 3/04/2009 46.25CR 039109 I-1440769-00 100 PHOTO CELLS R 3/04/2009 450600CR 039109 I-3039065-00 FACE SHIELD W/ HARD HAT R 3/04/2009 857a00CR 039109 I-3039184-00 2 BATTERIES —CRIMPING T00 R 3/04/2009 261.00CR 039109 41581.50 3/04/2009 12:39 PM A / P CHECK REGISTER PAGE: 5 PACKET: 02137 Regular Payments VENDOR SET: 99 BANK SB99 SB-ACCOUNTS PAYABLE FUND CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 02730 TEXAS METER & DEVICE I-0085797 GLOVE TEST,GLOVES R 3/04/2009 158.97CR 039110 I-85384 GLOVE TEST,GLOVES R 3/04/2009 105.98CR 039110 264.95 03930 THE LIBRARY STORE, INC. I-731901 CD CASES, CASSETTE CASES R 3/04/2009 101.83CR 039111 101.83 17400 PRECIOUS THOMPSON I-21808 IT SUPPORT R 3/04/2009 812.38CR 039112 812.38 05350 TX EXCAVATION SAFETY SYST I-09-0386 JAN MESSAGE FEES R 3/04/2009 74.10CR 039113 74.10 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 51 0.00 69,409.60 691409.60 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 1 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 52 0.00 691409.60 69,409.60 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 M"GO N)ON)" wr0000 to" N—=nN0(7 O-n-nopoomm�tp-n-no0C)Cl)D�tC - XvmMMOw�C �ccc:=,C)�* ;oz;zW�o�zon0* (D a �"�"D��w�0�Z�ZnQoZ'0�N-IZ�N cn �G� G�(7Cn—{�wD-�mcn <� wn�i r1lmn�nv7.ZD7NM Mai QoT��1 —<N �� N z0 ZNZ0 Cn� °moo"' w �U) N �C7 (AzOK0) cy) K(j�-Z= 3 %orl a'�N��o OWmK("OMn JKO WN < N Cll � W N J � J W � J N � O (n Cn N Cyj 0000 Na A 01i (P C L N W '' �co ft%4 (n (31 00 (Mn y 00 Mob Mok �4 O � O�! 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Authorization was given to fill the second part- time clerk position and Kandyce LaFleur came back and filled it. ADMINISTRATION: Computer troubleshooting took time this month. Centurion Guard (which keeps the patrons from changing anything on the public access computers) may not react well with the Windows updates. Meetings attended: Library Board, 2/9 Denton County Library Advisory Board, 2/19, hosted at Sanger North Texas Library Consortium, 2/19, Saginaw CIRCULATION: Exchanged packets of 25 audiobooks, DVDs and videotapes with other small libraries in Denton County. COLLECTION: Completed rebarcoding the collection. The only items left to be barcoded are those that have been checked out for a long time. Patron rebarcoding continues. PROGRAMS: Twelve people attended the most successfirl adult program this month, "Introduction to Jewehy Making by Kandyce LaFletn. The adult, kid and teen gaming tournaments were attended by five to seven computer gamers. Book Clubs for teens and adults met. The adult book club meeting featured a phone conference with the author of The Art of Keelfing Secrets. Two Crochet and Knitting workshops were held. The first Storytime of the month completed March's theme "Weather For that program the kids made kites and did an experiment to see what kinds of items would blow away in the wind. The rest of the month the theme was "Magical Environments". At the "Way Up High" program children made a Valentine flying saucer. They made turtle puppets at the "In the Pond" program. During the "Underground" program children made clay critters that live underground, like worms and rabbits. FEBRUARY 2009 STATISTICS 2008 2009 BORROWER CARDS Last Month 3446 3497 New Cards 37 31 Cards reactivated 12 23 TOTAL 3495 3551 CIRCULATION Nonfiction 329 349 Fiction 684 576 Junior Fiction 96 132 Children's Books 476 414 Leased Books 190 160 Interlibrary Loan 26 19 Spanish Materials 13 10 Audio Books 122 50 Music CDs 24 39 Video Materials 533 540 Equipment 1 8 TOTAL CIRCULATION 2494 2297 INTERNET USERS 759 755 PROGRAMS Children's Programs 8 7 Children Attending 98 77 Adults Attending 44 32 Other Programs 9 8 Number Attending 57 56 VOLUNTEERS Number of Adults 6 8 Number of Juniors 5 2 Number of Hours 58 48 COLLECTION Books 15405 15242 Leased Books 187 172 Paperback Fiction 2424 2499 Audio Books 580 583 Music CDs 391 383 CD-ROM 200 198 Videocassettes 875 897 DVD 423 525 Microfilm 75 77 Equipment 4 4 TOTAL COLLECTION 20564 20580 REVENUE Fines $232.65 $200.82 Copies 4)136.00 $152.02 ILL Postage $34.93 $11.26 New Cards $1.50 $0.75 Lost Materials-$28.45 $19.00 Miscelaneous $30.00 TOTAL $406,63 383.85 Sanger Public Library BOOK REVIEW Still Alice Visit the frustrating and heartbreaking scenario of Alzheimer's By Lynne S. Smiland In June, the CDC announced that Alzheimer's is the 6th leading cause of death, surpassing diabetes. Over 72,000 died of this disease in 2006, they say, and today over 5 million are living with Alzheimer's, with a million new cases yearly. In fact, they esti- mate I in 8 baby boomers will receive this frightening diagnosis. A stunning new novel, neuroscientist Lisa Genova's "Still Alice", allows readers to visit that frustrating and heartbreak. ing scenario. Busy, successful Harvard Professor Alice Howland at age 50 notices some memory problems, which she at- tributes to signs of menopause. When they increase, she worries about a brain tumor and undergoes an array of tests, and thus is diagnosed with early onset Alzheimer's disease. "Still Alice" cov- ers the next two years of her life, from her point of view and eroding cogni- tive abilities, as she, her family, and friends deal with the devastating changes that occur. Because Alice is a distinguished professor and frequent guest speaker at various psycholinguistic confer- ences, her language difficulties take away her career and batter her sense of self fairly early. Her relationships with her husband and children are al- tered, as everyone tries to cope with Alice's successes and failures and the accompanying mood swings, the re. sulting impact on their own lives, and the currently inevitable progression of this disease. The novel reads more like a jour nal or memoir than a work of fiction. The reader sees Alice's world through Alice's eyes, and feels her confusion and frustration and pain as the life she knew and loved begins to slip away from her. It is an emotional experience, and hard to set aside, both while read- ing the book and afterwards. And it will challenge perceptions about the disease, those living with the disease, and one's own sense of health and mortality. Dr. Genova's work and colleagues in related areas gave her access to cut- ting -edge researchers and physicians, and give the novel a solid factual foun- dation, as does her experience with her grandmother's Alzheimer's disease. For instance, Alice has the genetic mu- tation known as PS 1, which is believed to account for 30%-70% of early on- set (i.e., occurring before age 65) Alzheimer's. She participates in a clinical trial of a fictional drug based on actual simi- lar trials- there are currently more than 150 clinical trials of potential medications to prevent or slow Alzheimer's symptoms that are seek- ing participants. Her passion to communicate what life is like for both the sufferers and their families was so strong she self - published the novel in 2007, and the book's reputation spread rapidly through word of mouth. In 2008 the novel gained a noted publisher in Simon & Schuster, Inc., it won the Bronte Prize for fiction, and the Alzheimer's Association partnered with Genova to help spread both the book itself and Genova's articulate perceptions on coping with the conse- quences of this disease. Currently on the bestseller list, the powerfully moving "Still Alice" by Lisa Genova is now available at Sanger Public Library, 501 Bolivar. To reserve your copy, phone 45&3257 or go to the library's website, http:// ntrls. tsl.state.tx.us/sanger. • For more information on Alzheimer's, contact the Alzheimer's Association at 1 (800) 272-3900, www.actionalz.org, or www.alz.org. For information on clinical trials of medications of all types, see www.clinicaltrials.gov. r� 12 . �-� IV 41 It, s-� _ _ ORA jj s s 4 z WV "��' 3# ' ..SAS �•tf ri A. •ti`�.' w'fix... �$ 3 N 11 IV IV - NO �6. }; f LLL A - _IV %14IV, Vw - PremSchool Storytime e Full Kids made kites at Pre -School Story Time at'the Sanger Public Library last week. They tried them out outside and had lots of fun. Story time is each 'Veduesday at the Library at 10 a.m. For more information, call 45&3257. `r Ate„ k,' $IV V�117 �. 4 ,... �y IV IV 1 5s Aft f = R V, WWI 44 i.." 4k ii 1 1 1 1 1 1 1 1 ! !! •. Beading Class/ scrapbooking at Public Libary "Introduction to Jewelry Making" - Feb. 28 The right accessories can make or break an outfit, say stylists and fashion experts. Making your own jewelry is a fun, less expensive way to have fresh accessories, whether for a new outfit or for one already in the closet. The Sanger Public Library is offering a class to help you do just that. Kandvice LaFleur will present "Introduction to Jewelry Making" on Saturday. February 28, from 2-5 p.me in the library meeting room. The class is free, including basic supplies, though participants are welcome to bring their own if desired. Sanger resident LaFleur has been making jewelry for about 5 vears, and is experienced in creating earrings, bracelets, and necklaces in a variety of styles and methods. She especially enjoys giving her unique creations as personalized presents to special people in her life. The class will introduce the tools for making jewelry, as well as the basic materials Participants will learn how to attach clasps and fittings, how to use jump rings, how to make and use headpins, and how to make loops with wire to create dangles. Each participant can make a pair of pierced earrings in class, and should learn enough to start a more complex project on their own. Cow- i C�Ar b Supplies will be provided for the simple earrings, but if participants have certain beads or findings they want to use they should bring those. if participants want to also make a bracelet in class, they will need to bring their own beads and charms for that, but other supplies such as clasps and crimp tubes will be provided. Extra tooIs such as long -nose pliers, round - nose pliers, crimp pliers, and wire cutters would also be helpful. Space may be limited, so reservations are suggested for this free jewelry making class. To reserve a place, call the Sanger Public Library at 458-3257. On Sunday, March 1, at 2:00, the library will host a free open -crop scrapbooking session. Anyone interested can bring whatever they are working on, or previously done work for all to admire. The library has a Sizzix© die -cut machine with 2 different alphabets, plus components for other items, such as leaves, hearts, and tags. In addition, the library's computers may be used for the photograph repair program Corel Paint Shop Pro and digital scrapbooking. Templates and patterns for Easter scrapbook planning will also be available. To reserve a seat for either class or for more information, come by Sanger Public Library at 501 Bolivar, or phone 458-3257. r PiY�ruGXt2 Z �o Make your own cleaning products and save money BY LYNN SMILEAIVD Time for spring cleaning is just around the corner. Wouldn't it be great to save substantially on cleaning supplies, as well as be kinder to the environment? The Sanger Public Library has a way to help do just that. Sonya Iliff will present "Making Your Own Cleaning Products" on Tuesday, March 3, at 7 p.m. in the library meeting room. Not only is the program free, it can save participants money and help save the environment. Sanger resident Iliff has been making her own cleaning products for about 3 years. Perplexed by the multitude of products on the market, and their prices, she began to research effective cleaning supplies used prior to this age of convenient, prepackaged products. She realized she could easily make her own products, at a drastically reduced cost, without conttibutins to the masses of packaging materials in landfills and putting more unpronounceable chemicals in the water and soil. For example, her "recipe" for I detergent uses only 3 ingredients easily purchased no her away than Denton, costs about I cent per load of laundry, and is stored in the same reusable containers she has used since she started. "Even when my husband I been working on the car", she says, "our clothes get clean." Other products, such as bathroom and kitchen cleansers, are equally easy to make and cost effective. An added benefit she has noticed is that with using more natural products, her family's allergy symptoms have improved greatly. During the presentation Ms. Miff will make several products, to show just how easy it is, and she will also provide a handout with recipes. Safety issues will also be addressed, as some Iroducts should be mixed carefully, or not at all. Her informative program in the library meeting room will be at 7 p.m., on March 3. For more information or to reserve seats, come by the library at 501 Bolivar or call 458-3257. L Ah AVA i 4W • David J. at Vice President Rates & Reaulatory Affairs March 6, 2009 Jim Boyle Herrera & Boyle, P.L.L.C. 816 Congress Avenue Suite 1250 Austin, Texas 78701 Re: Atmos Energy Corporation's 2009 Rate Review Mechanism Filing Dear Mr. Boyle, Enclosed for filing is Atmos Energy Corporation, Mid -Tex Division's ("Atmos" or "the Company") second filing under the Rider RRM - Rate Review Mechanism tariff. Per our agreement, service is being provided to you in lieu of service to the individual ATM member cities. We are providing two printed copies, along with two compact discs for the ATM group. If ATM, or any of your member cities, desire additional printed copies, please let me know. We have also attached an Executive Summary to the cover letter which highlights the details of the 2009 RRM Filing. This RRM filing represents a requested increase in annual revenue of $9.7 million for the settled cities as compared to the revenues resulting from the 2008 RRM Filing. This represents an increase of $0.54 for the typical residential customer. Enclosed as part of the filing are the following documents (provided as printed copies and on CD): Table of Contents; Attachment 1 —Attestation of Filing; Attachment 2 — Tariffs; RRM —Prospective Rates -Schedules and Workpapers; RRM —True-Up -Schedules and Workpapers; RRM — Billing Determinants Study; and, RRM — WNA Bill Samples. The documents and schedules provided in this year's filing closely align with the first filing to allow for ease of comparison and review. We have included updated tariffs in the filing for Rates R, C, I and T and Riders WNA and GCR. Atmos seeks to revise Rider GCR to allow for the recovery of transaction costs associated with financial Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 214-206-2568 F 214-206-2126 David.Park@atmosenergy.com Rate Review Mechanism March 6, 2009 Page 2 hedging transactions. We stand ready to respond to your requests for information during the review process and hope that we will be able to continue the cooperative nature established in the first RRM filing. We appreciate the willingness of ATM's consultants to establish a meeting in early March to discuss and review the filing as we desire to continue to work on a collaborative basis. The goal, as with our last case, is to reach a mutual agreement that fairly balances the needs of the Company and the needs of the customer. I want to say again how much Atmos Energy appreciates ATM's willingness to work with the Company. We look forward to continuing this cooperative spirit in the review of this filing. Sincerely, David J. Park Attachment: Executive Summary Enclosures: RRM Filing Package (2 copies) Compact Disk 1 Compact Disk 2 cc: Mike Brosch, Utilitech, Inc. Steve Carver, Utilitech, Inc. Atmos Energy Corporation 5420 LBJ Freeway, Suite 1862 Dallas, TX 75240 P 214-206-2568 F 214-20&2126 David.Park@atmosenergy.com Atmos Energy - Mid - Tex Division Executive Summary 2009 RRM Filing March 2009 ➢ Atmos Energy Mid -Tex Division reached an agreement with 438 of the 439 cities in February 2008 to institute a three year pilot Rate Review Mechanism (RRM) ➢ Benefits of the RRM process o Suspends GRlP filings o Avoids costly litigation that would be borne by customers o Provides transparent process for annual review of all Company expenses and investment ➢ In April 2008 the Company filed the firsfi RRM with the cities. o .The Company and the cities resolved the first RRM filing in August 2008 and implemented rates on November 1, 2008. ➢ The Company filed the second RRM filing with the Cities on March 6, 2009. The filing package supports: o Increase in rates of $9.7 million to applicable cities o Computations impose agreed -upon exclusions, limitations, inflationary caps and a specified return on equity lower than the return otherwise authorized by the TX Railroad Commission. ➢ Customer Impact of Proposed RRM Filing: o Typical Residential customer using 6 Mcf a month will have an increase of $0.54/month, 0.63% overall o Typical Commercial customer using 30 Mcf a month will have an increase of $1.09/month, 0.30% overall o Typical Industrial/Transportation customer using 300 MMBtu a month will have an increase of $14.27, 0.38% for Industrial and 2.26% for Transportation customers overall ➢ What is next? o Co{laborative effort between the Company and the Cities' consultants in reviewing the filing. o Company and City Representatives/Consultants will review and agree on final rates to be implemented prior to July 20, 2009. NOTICE OF RATE CHANGE REQUEST On February 23, 2009, Electric Transmission Texas, LLC (ETT or Company) filed its Application for Interim Update of Wholesale Transmission Rates Pursuant to Substantive Rule 25.192(g)(1). ETT's Application seeks an interim adjustment to the previously -approved transmission cost of service and wholesale transmission rate due to transmission investment in excess of the level currently authorized in rates. If approved, the total transmission invested capital interim increase will be $59,431,043 with a total revenue requirement interim increase of $8,126,329 and an interim wholesale transmission rate of $0.335784/kW. The proposed interim revenue requirement increase represents a 67.9% increase in ETT's wholesale transmission revenue requirement. ETT has requested an effective date for the interim wholesale transmission rate of March 30, 2009. Because the Application requests a revision to ETT's wholesale transmission rate to reflect changes in its invested capital, affected customers include all distribution service providers who pay wholesale transmission charges pursuant to the Public Utility Commission of Texas' (Commission) Substantive Rules. A complete copy of ETT's Application is available for inspection at 400 W. 15th Street, Suite 1520, Austin, Texas 78701. Persons who wish to intervene in or comment upon these proceedings should notify the Commission as soon as possible, as an intervention deadline will be imposed. A request to intervene or request for further information should be made to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 and reference Docket No. 36735. Further information may also be obtained by calling the Commission at (512) 936-7120 or (888) 782- 8477. Hearing- and speech -impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. ETT has requested an intervention deadline of 30 days after the filing of the application, consistent with intervention deadlines set in prior interim transmission cost of service dockets. If ETT's request is granted, the intervention deadline will be March 25, 2009. ELECTRIC TRANSMISSION TEXAS, LLC PUC DOCKET NO. APPLICATION OF ELECTRIC § BEFORE THE TRANSMISSION TEXAS, LLC FOR § INTERIM UPDATE OF WHOLESALE § PUBLIC UTILITY COMMISSION TRANSMISSION RATES PURSUANT § TO SUBSTANTIVE RULE 25J92 (g)(1) § OF TEXAS APPLICATION OF ELECTRIC TRANSMISSION TEXAS, LLC TO �'HE HONORABLE PUBLIC UTILITY COMMISSION: NOW COMES Electric Transmission Texas, LLC (ETT or Company), and files this its Application for Interim Update of Wholesale Transmission Rates Pursuant to Substantive Rule 25.192(g)(1), and respectfully shows as follows. I. BACKGROUND AND AUTHORITY In this docket, ETT seeks an interim revision to its previously- approved transmission cost of service (TCOS) and wholesale transmission rate pursuant to, and consistent with; the requirements of Public Utility Commission of Texas (Commission or PUC) SUBST. R. 25.192(g)(1) and the Filing Requirements For Interim Update of Wholesale Transmission Rates Pursuant to PUC SUBST, R. 25.193(a)(1)1 (the Interim TCOS Filing Package). PUC SUBST. R. 25.192(g)(1) provides than "[e]ach TSP in the ERCOT region may on an annual basis update its transmission rates to reflect changes in its invested capital." Proceedings pursuant to such rule are not intended to determine the reasonableness of the interim costs.2 Rather the rule provides that the Commission "shall review whether the costs of transmission plant additions are reasonable and necessary at the next complete review of the TSP's transmission cost of service."3 ' Now Subst. R. 25.192(g)(1). z See Subst. R. 25.192(g)(2). 3 id 1 II. ETT'S FILING Together with this Application, ETT has filed the Direct Testimony of Randall W.. Hamlett and the Interim IOS Filing Package Schedules and Workpapers. As discussed in Section V below, ETT's notice is attached as Exhibit A. COSTS INCLUDED IN ETT'S INTERIM TCOS UPDATE ETT's Application compares the actual January 31, 2009 transmission net plant balances to the transmission net plant balances established in Docket No.33734.4 The difference between these two balances provides the.basis for the increase in transmission invested capital for ETT in this Application. IV. RELIEF REQUESTED The requested increase in total transmission invested capital_in this filing is $59,431,043, with a total revenue requirement increase of $8,126,329. ETT further requests that the Commission approve an interim wholesale transmission rate of $0.335784/kW, effective March 30, 2009, or 35 days after the date of filing hereof. V. NOTICE AND PROCESSING PUC SUBST. R. 25.192(g)(2) specifically removes from this proceeding any consideration or determination of whether the costs included in ETT's Application are reasonable and necessary. Because such determinations are reserved for a later proceeding, the issues in this docket are very limited and should be processed expeditiously. a Application Of Electric Transmission Texas, LLC-For A Certificate Of Convenience And Necessity, For Regulatory Approvals, And Initial Rates, Docket No. 33734(Order on Rehearing December 21, 2007). 2 Within a reasonable period of time after the filing of this Application, ETT will provide written notice pursuant to PUC Proc. R. 22.55 to all affected customers in the form attached as Exhibit A. Because this Application requests an interim revision to ETT's wholesale transmission rate, the customers directly affected by such proposal area of the distribution service providers who pay wholesale transmission charges pursuant to PUC SUBST. R. 2501924 Therefore, ETT will provide direct written notice to every distribution service provider listed in the matrix established by the Commission in Docket No. 36374, which will establish wholesale transmission charges for calendar year 2009. This approach is consistent with other recent dockets involving the establishment of, or revisions to, utility TCOS.S Upon completion of the notice described above, ETT will file an affidavit attesting to the provision of such notice within a reasonable time and by such date as may be established by the presiding officer. ETT requests that the Commission docket this Application upon receipt hereof and issue an order establishing an appropriate intervention deadline and requiring Commission Staff to comment on the material sufficiency of the Application. The Commission has previously set intervention deadlines in interim TCOS update cases of approximately one month.6 If no timely s See Application of Brazos Electric Power Cooperative, Inc. For Interim Update of Wholesale Transmission Rates Pursuant to Substantive Rule 25.192(g)(1), Docket No. 29143; Application of Fannin County Electric Cooperative, Inc. For Approval Of Transmission Cost Of Service And Wholesale Transmission Rates, Docket No. 24312; Application of Brazos Electric Power Cooperative, Inc., to Change Rates For Wholesale Transmission ervice Pursuant to Subst. R. 25.191-204, Docket No. 22531; Application Of Texas Municipal Power Agency To Change Rates For Wholesale Transmission Service, Docket No. 21711; Application of LCRA Transmission Services Corporation for Interim Update of Wholesale Transmission Rates, Docket No. 28175; Application of TXU Electric Delivery Company for Interim Update of Wholesale Transmission Rates Pursuant to Subst. R. 25.192(g)(1), Docket No. 33904; Application of TXU Electric Delivery Company for Interim Update of Wholesale Transmission Rates Pursuant to Subst. R. 25.192(g)(1),Dockei No. 32462; Application of TXU Electric Delivery Company for Interim Update of Wholesale Transmission Rates Pursuant to Subst. R. 25.192(g)(1), Docket No. 30802; Application of Oncor Electric Delivery Company for Interim Update of Wholesale Transmission Rates Pursuant to Subst. R. 25.192(g)(1), Docket No. 29425; Application of Oncor Electric Delivery Company for Interim Update of Wholesale Transmission Rates Pursuant to Subst. R. 25.192(g)(1), Docket No. 27561; Application of Oncor Electric Delivery Company for Interim Update of Wholesale Transmission Rates Pursuant to Subst. R. 25.192(g)(1) and the Final Order in Docket No. 22350, Docket No. 25385. s Application of TXU Electric Delivery Company For Interim Update of Wholesale Transmission Rates Pursuant to P.U.C. Subst. R. 25.192(p�(1), Docket No. 32462, Order No..2 (March 15, 2006); Application of Oncor Electric Delivery Company For Interim Update of Wholesale Transmission Rates Pursuant to P. U.C. Subst, R. 25.192(g)(1), Docket No. 29425, Order No. 2 (setting the intervention deadline at 30 days from the date the application was filed); Application of Brazos Electric Power Cooperative, Inc. for Interim Update of Wholesale Transmission Rates Pursuant to P. U.C. Subst. R. 25:192(g), Docket No. 29143, Order No. 2 (January 22, 2004)(setting the intervention deadline at 35 days); Application of LCRA Transmission Services Corporation for Interim Update of Wholesale Transmission Rates Pursuant to P.U.C. Subst. R. 25.192(g)(1), Docket No. 28175, Order No. 2 (August 5, W03)(setting the intervention deadline at 31 days); Application of Oncor Electric Delivery Company for Interim Update of Wholesale Transmission Rates, PUC Docket No. 28175 (intervention deadline set at 34 days). 3 requests to intervene are filed, ETT requests that this Application be processed and approved informally pursuant to PUC Proc. R. 22.35. VI. PRAYER WHEREFORE, PREMISES CONSIDERED, ETT respectfully requests that the Commission. approve ETT's Application and order an interim adjustment to ETT's revenue requirement of $8,126,329, approve an interim wholesale transmission rate of $0.335784/kW, effective March 30, 2009, and for such other and further relief to which it may show itself entitled. RESPECTFULLY SUBMITTED, American Electric Power Service Corporation 400 West 15th Street, Suite 1500 Austin; Texas 78701 Larry W. Brewer State Bar No. 02965550 Rhonda Colbert Ryan State Bar No. 17478800 Joann T. Stevenson State Bar No. 24033231 Telephone: (512) 481-3321 Facsimile: (512) 481-4591 By: Rhonda Colbert Ryan ATTORNEYS FOR ELECTRIC TRANSMISSION TEXAS, LLC CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on all parties of record in this proceeding by hand -delivery, overnight delivery, facsimile transmission, or U.S. first-class mail on the 23rd day of February, 2009. Rhonda Colbert Ryan - E EXHIBIT A NOTICE OF RATE CHANGE REQUEST On February 23, 2009, Electric Transmission Texas, LLC (ETT or Company) filed its Application for Interim Update of Wholesale Transmission Rates Pursuant to Substantive Rule 25.192(g)(1). ETT's Application seeks an interim adjustment to the previously -approved transmission cost of service and wholesale transmission rate due to transmission investment in excess of the level currently authorized in rates. If approved, the total transmission invested capital interim increase will be $59,431,043 with a total revenue requirement interim increase of $8,126,329 and an interim wholesale transmission rate of $0.335784/kW. The proposed interim revenue requirement increase represents a 67.9% increase in ETT's wholesale transmission revenue requirement. ETT has requested an effective date for the interim wholesale transmission rate of March 30, 2009. Because the Application requests a revision to ETT's wholesale transmission rate to reflect changes in its invested capital, affected customers include all distribution service providers who pay wholesale transmission charges pursuant to the Public Utility Commission of Texas' (Commission) Substantive Rules. A complete copy of ETT's Application is available for inspection at 400 W. 15�' Street, Suite 1520, Austin, Texas 78701. Persons who wish to intervene in or comment upon these proceedings should notify the Commission as soon as possible, as an intervention deadline will be imposed. A request to intervene or request for further information should be made to the Public Utility Commission of Texas, P.O. Box 13326; Austin, Texas 78711-3326 and reference Docket No. Further information may also be obtained by calling the Commission at (512) 936-7120 or (888) 7824477. Hearing- and speech -impaired individuals with text telephones (TT') may contact the Commission at (512) 936-7136. ETT has requested an intervention deadline of 30 days after the filing of the application, consistent with intervention deadlines set in prior interim transmission cost of service dockets. If ETT's request is granted, the intervention deadline will be March 25, 2009. ELECTRIC TRANSMISSION TEXAS, LLC 3:21 PM 03/03/09 Accrual Basis Sanger Area Chamber of Commerce Profit & Loss January 1 through March 3, 2009 Ordinary Income/Expense Income Annual Banquet & Auction Hotel / Motel Tax Membership Dues Misc Total Income Expense Awards & Membership Banquet Insurance Building Insurance Total Insurance IRS TAX RETURN Miscellaneous Helium Tank Rental Membership Decals Total Miscellaneous Office Cleaning Window Cleaning Total Office Cleaning Office Expense Copier Lease Phone Postage Supplies Total Office Expense Payroll Taxes Quarterly Payroll Taxes Payroll Taxes - Other Total Payroll Taxes Property Taxes Sanger Education Foundation Utilities Electric & Water Gas Total Utilities Website 6560 • Payroll Wage Expense Total Expense Net Ordinary Income Other Income/Expense Other Income CoSery Capital Credit Refund Uncategorized Income Cash Box Change Uncategorized Income - Other Total Uncategorized Income Total Other Income Other Expense as Box Change Total Other Expense Net Other Income Jan 1 -Mar 3, 09 2,610.00 1,767.28 21,160,00 189.57 25,726.85 4,453.40 160.16 160.16 1,175,82 45.00 377.29 422.29 27.25 27.25 200.00 450.89 172.95 110.35 934.19 3.60 206.55 210.15 2,412.13 2,000.00 275.65 120.59 396.24 135.40 2,700,00 15,027.03 10,699,82 0.78 300.00 192.00 492.00 492.78 300.00 300.00 192.78 Page 1 3:21 PM Sanger Area Chamber of Commerce 03/03/09 Profit & Loss Accrual Basis January 1 through March 3, 2009 Net Income Jan 1 -Mar 3, 09 10,892.60 Page 2 44 fib up= I 'd k I L -MA You will begin hearing more from us next week about the resources we are developing to help cities successfully implement recovery activities funded (and unfunded) by the recovery package. (For more information on the NLC Congresslonal-City Conference, to be held March 1448, go to www.nlc.org.) AN EMERGENCY TOPIC Governor Rick Perry has designated hurricane relief, in the form of fmancial aid, as an emergency item for this legislative session. Emergency status means that lawmakers may consider the topic immediately rather than wait 60 days, as is the procedure for most legislation. The emergency item includes "passing legislation and providing money to help local governments and private businesses with hurricane recovery." DON'T FORGET: ORDINANCES NET Section 310.002 of the Local Government Code requires that after a city adopts a juvenile curfew ordinance, the city must review and readopt the ordinance every three years. The statute requires that a city. (1) review the ordinance's effects on the community and on problems the ordinance was intended to remedy; (2) conduct public hearings on the need to continue the ordinance; and (3) abolish, continue, or modify the ordinance. A juvenile curfew ordinance expires if a city does not review and readopt it every three years. For more information on this issue, please contact the TML Legal Department at (512) 231- 1400 or legal(a,tml.org. 2 1 H B 803 (Burnam) — Sales Tax: would exempt from sales taxes all purchases of energy - efficient products by individuals who receive services under the Temporary Assistance for Needy Families program or the Lone Star Card food stamp program. E[OBa 805 (Quintanilla) — Police Vehicles: would permit a privately owned vehicle to qualify as a city police vehicle for certain purposes, provided the vehicle is: (1) owned by a peace officer; and (2) the police chief has approved the use. (Companion bill is S_ B. 389 by Patrick.) H B 806 (Gallego) — Mandatory Health Benefits: would: (1) require that certain health benefit plans, including a governmental risk pool, provide coverage for prosthetic devices, orthotic devices, and professional services related to the fitting and use of those devices; and (2) provide that the coverage must equal the coverage provided under federal laws for health insurance for the aged and disabled. H B 818 (Eiland) —Construction Contracts: would, among other things, provide that: (1) a provision in a construction contract is void and unenforceable as against public policy if it requires an indemnitor to indemnify, hold harmless, or defend another parry to the construction contract, or a third party, against a claim to the extent that the claim is caused by the negligence, fault, breach or violation of a statute, ordinance, or governmental regulation or rule, or contractual breach of the indemnitee, its agent or employee, or any third party under the control or supervision of the indemnitee, other than the indemnitor, its agent, employee, or subcontractor of any tier, and the claim arises from: (a) bodily injury or death, except for the bodily injury or death of an employee of the indemnitor, its agent, or subcontractor of any tier; (b) damage to property, (c) any other type of damage; or (d) a fine, penalty, administrative action, or other action assessed by a governmental entity directly against the indemnitee; (2) a provision in a construction contract that requires the purchase of additional insured coverage and any coverage endorsement or provision within an insurance policy providing additional insured coverage is void and unenforceable to the extent that it exceeds the scope of indemnity allowed by the bill; (3) the bill does not otherwise affect a construction contract provision that requires a parry to the contract to purchase owners and contractors protective liability insurance or railroad protective liability insurance; (4) the provisions of the bill may not be waived by contract or otherwise; and (5) current statutory provisions relating to indemnity in construction contracts are repealed. (Companion bill is S.B. 555 by Duncan.) H.B. 823 (S Turner) —Blood Samples: would prohibit a peace officer from taking a blood specimen regardless of whether the person is otherwise authorized by law to take a blood specimen. H B 826 (Gattis) —TCEQ Fines: would: (1) require the Texas Commission on Environmental Quality (TCEQ) to take into account the economic benefit of a violation when assigning a fine for that violation; and (2) allow a city to defer payment on the economic benefit portion of a fine provided the city complies with the schedule and terms of the TCEQ's enforcement order. 3 H B 831 (Taylor) — Property Tax: would exempt from property taxes the land and improvements owned by certain nonprofit community business organizations that promote the common economic interests of commercial enterprises, improve business conditions, or otherwise aid in economic development. (Companion bill is S.B. 564 by Jackson.) H B 835 (S. Miller) — Elections: would require a candidate for public office to submit proof of citizenship as part of the candidate's application for a place on the ballot. H B 839 (Martinez) —Salvia Divinorum: salvia divmorum or a product containing (Companion bill is S.B. 257 by Estes.) would make the sale or delivery to a child of salvia divinorum a Class C misdemeanor. JoBe 844 (Martinez) — Mandatory Health Benefits: would: (1) require that certain health benefit plans, including a governmental risk pool, provide coverage for prosthetic devices, orthotic devices, and professional services related to the fitting and use of those devices; and (2) provide that coverage must equal the coverage provided under federal laws for health insurance for the aged and disabled. (Companion bill is S.B. 26 by Zaffirini.) H B 847 (Martinez) —Sales Tax: would provide that, for the following local sales taxes, there is a three -percent cap on total local sales taxes at any single location (rather than a two - percent cap as current law provides): (1) the one -percent general revenue city sales tax; (2) the city sales tax for property tax relief; (3) the county sales tax for property tax relief; (4) the 4A economic development sales tax; and (5) the commuter rail district sales tax. H B 859 (Laubenberg) —Easements: would provide that: (1) a governmental unit, including a city, that holds an easement on private property is liable to the property owner for any damage to the owner's property outside the area covered by the easement that arises out of the easement holder's use of the easement or ingress or egress on the property to access the easement, regardless of whether the easement holder commits a negligent or intentional act; and (2) the bill does not affect any liability of an easement holder for damage to property within the area covered by the easement. H B 866 (Villarreal) —Property Tax: would instruct the state comptroller to study the feasibility of a property tax "circuit breaker" law. (Circuit breakers are defined in the bill as limitations on residential homestead property taxes based on the owner's annual income.) H B 875 (Eisler) —Billboards: would allow a city to recover attorneys fees in a lawsuit against a sign -owner for violations of state sign laws. H B 880 (Strama) —Property Tax. would exempt from property taxes certain energy - efficiency -related improvements that are permanently attached to real property. (Note: please see H.J.R. 47, below.) H B 907 (Dutton) —Property Tag: would mandate that a city immediately pay attorney ad lztem fif as soon as practicable after receipt of an ad litem's bill in relation to a ees, any, lawsuit to collect property taxes. H B 909 (Dutton) —Public Information Act: would amend the law enforcement exception in the Public Information Act by providing that information held by a law enforcementMi An agency is excepted from disclosure only if: (1) the release of the information would unduly interfere with the detection, investigation, or prosecution of crime; and (2) the information relates to an ongoing investigation or conduct that remains subject to prosecution. H.B. 917 (Dutton) — Peace Officer Searches. would provide that a peace officer who stops a motor vehicle for any alleged violation of a law or ordinance regulating traffic may not search the vehicle unless the peace officer: (1) has probable cause or another legal basis for conducting the search, including conducting a search based on a reasonable fear for the safety of the peace officer or another person; (2) obtains the written consent of the operator of the vehicle on a state -mandated form; or (3) obtains the oral consent of the operator of the vehicle and ensures that the oral consent is evidenced by an audio and video recording made according to state -adopted procedures. H.B. 925 (Dutton) — Danaerous Dogs: would make it a Class C misdemeanor for an adult to allow a child under the age of fifteen to handle or care for a pit bull without adult supervision. H.B. 931 (Dutton) —State Funding: would require an applicant for a grant issued or administered by a state agency to. (1) include with the grant application a "minority impact statement" outlining any disproportionate or unique impact on minority or disabled individuals of the programs funded by the grant; and (2) where there will be a disproportionate or unique impact on minorities, show evidence of consultations with representatives of minority groups regarding the policy or program in question. H.B. 933 (Dutton) —Tort Claims Act: would amend the Texas Tort Claims Act to provide that a governmental unit is liable for personal injury and death caused by the negligence of the governmental unit if the governmental unit would, were it a private person, be liable to the claimant according to Texas law. H.B. 945 (Dutton) —Expunction: would expand the number of situations in which a city police department may be ordered by a district court to expunge records and files relating to certain arrests. H.B. 948 (Dutton) —Law Enforcement: would require a police department to create and maintain an audio record of any phone call 111 to the department to report abuse or neglect of a child. H.B. 949 (Dutton) —Criminal Law: would allow a prosecutor to dismiss a case involving a nonviolent criminal offense if the defendant: (1) becomes a member of the U.S. armed forces serving on active duty after the commission of the offense; and (2) has not been finally convicted of any additional offense other than a traffic, pedestrian, or parking offense punishable by fine only. H B 954 (Dutton) —Criminal History Record Information: would among other things, make it an offense for a person to, with intent to obtain a benefit or with intent to harm or defraud another, compile or disseminate criminal history record information that the person knows is the subject of an order of nondisclosure. 5 H.B. 957 (Swinford) — Dual Office -Holding: would provide that: (1) any person holding a lucrative office under the United States, Texas (including a political subdivision of Texas), or any foreign government is ineligible to serve in the legislature during the term for which the person is elected or appointed, even if the office -holder resigns or is removed from office before the end of the term; (2) a person who is ineligible to serve in the legislature under the bill may not file an application for a place on the ballot as a candidate for the legislature for a legislative term during which the ineligibility applies for any portion of the term; and (3) a member of the legislature may not, during the term for which the member is elected, be simultaneously employed in any position by the United States, Texas, a political subdivision of Texas, or any foreign government. H B 958 Bonnen) — Emer�ency Services Personnel: would make assault on emergency services personnel a felony of the first degree. H.B. 959 (Bonnen) —Property Taz: would provide a $5,000 residential homestead property tax exemption for a volunteer firefighter or volunteer EMS worker if the person has served in that capacity in Texas for at least one year. (Note: please see H.J.R. 48, below.) _H B 960 (Anchia) —Sexually Oriented Businesses: would provide that a city or county that requires a sexually oriented business to obtain a license or other permit is entitled to obtain from the Texas Department of Public Safety criminal history record information that relates to a person who: (1) is an applicant for a license or other permit from the city or county; (2) is the holder of a license or other permit from the city or county; or (3) requests a determination of eligibility for a license or other permit from the city or county. that H B 961 (Anchia) —Sexually Oriented Businesses: would provide an applicant for a license or permit for a sexually oriented business for a location not currently or previously licensed or permitted shall, not later than the 60th day before the date the application is filed, prominently post an outdoor sign at the location stating that a sexually oriented business is intended to be located on the premises. H B 971 (Lucio) — Playground Accessibility: would require a newly constructed or renovated playground that is owned or maintained by a political subdivision to: (1) have a wheelchair -accessible surface that is wide enough for two wheelchairs connecting the playground to the parking area; and (2) make at least 25 percent of the play equipment wheelchair -accessible. H B 978 Burnam) — Employment Discrimination: would: (1) broaden the definition of disability under employment discrimination and reasonable accommodation prohibit a city from considering the ameliorative effects of treatment or other mitigating measures in determining whether an employee has a disability; (3) prohibit a city from using an employee test or standard that requires uncorrected vision unless such a test is consistent with business necessity and is job -related; and (4) not require a city to make a reasonable accommodation to an otherwise qualified employee solely because the individual is regarded as having an impairment that substantially limits at least one major life activity. H B. 979 (Callegari) —Property Tax: would apply the ten -percent appraisal cap under current law to all real property, not just to residential homesteads. (Note: please see H.J.R. 49, below.) 1 H.B. 980 (Thompson) — Sales Tax: would alter the intrastate sourcing and allocation of city sales taxes as follows. (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; (2) generally source city sales taxes at the location where an order is received when there is more than one place of business of a retailer; (3) reduce the statute of limitations (also known as the "look back" provision) for reallocations of city sales taxes from four years to one year; and (4) grant cities a right to notification and hearing regarding reallocation decisions, as well as a right of appeal to a Travis County district court. H.B. 986 (Villarreal) —Property Tax: would: (1) provide that taxing units, including cities, may not refund property taxes before the earlier of. (a) the 21' day after the final determination of an appeal; or (b) the date the property owner files certain forms with the taxing unit; and (2) provide that refunds of property taxes may be sent only to property owners. H.B. 987 (Creighton) — Purchasing: would provide that: (1) if a change order involves a decrease or an increase of $50,000 or less and is for work within the original bid, the governing body may authorize an administrative official of the municipality to approve the change order; (2) compensation for a contract awarded on a unit price basis may not exceed the actual quantity of items supplied or services provided; (3) before the governing body of an issuer of certificates of obligation may enter into a contract requiring an expenditure by or imposing an obligation or liability on the issuer of more than $50,000, the governing body must submit the proposed contract to competitive procurement, (4) a governing body may authorize an official or employee responsible for purchasing or administering a contract funded through certificates of obligation to approve a change order that is within the scope of the original contract and involves a change of $50,000 or less; and (5) similar changes shall apply to civic center authorities, municipal management districts, and certain other local governmental entities. (Companion bill is S.B. 624 by. West.) H.B. 988 (Fletcher) —Red Light Cameras: would prohibit a city from imposing a civil penalty on an emergency vehicle for running a red light that is monitored by a red light camera. H.B. 1005 (McClendon) —Employee Leave: would: (1) require a city to grant unpaid leave to an employee for purposes of meeting with school officials or attending a child's school activity if the employee has worked for the city at least 90 days; (2) require an employee desiring such leave to give reasonable notice and provide documentation of the activity; (3) require a city to post notice of employees' rights under this law; and (4) prohibit a city from suspending or terminating an employee for exercising rights under this law. (Companion bill is S.B. 649 by Van de Putte.) H.B. 1008 (Moody) —Property Tax: would exempt from property taxes the full value of a homestead owned by a disabled veteran with aservice-related disability rating of 100 percent or of "totally disabled." (Companion bill is S.B.192 by Shapleigh.) H.B. 1014 (Corte) —Water Utility: would require, in certain high flood -risk counties, that municipally -owned water utilities that possess a certificate of convenience and necessity 7 (CCN) must install and maintain auxiliary generators capable of ensuring the operation of the utilities' water and sewer systems during an extended power outage. H B 1015 (Corte — Building RePulations: would require a city to verify that certain coastal gas service stations have alternate electrical generators before the city may issue a certificate of occupancy to the service station. H B 1018 (B Brown) —Property Tag: would reduce the annual property tax appraisal cap from ten percent to five percent. (Note: please see H.J.R. 51, below.) H B 1026 (Edwards) — Emerraency Management: would: (1) create emergency response teams in each state legislative district; (2) give the teams authority to collaborate with FEMA, the governor, and other state and federal agencies; (3) establish distribution sites and communication centers for emergency operations; and (4) require counties to provide the legislative emergency response teams with certain equipment. H B 1027 (Edwards) —Peace Officers: would allow a police officer operating a vehicle to f a vehicle for a misdemeanor traffic offense stop, detain, or arrest an operator or passenger o punishable by fine only if: (1) the officer's vehicle is clearly marked as a police vehicle; and (2) the officer is wearing a uniform displaying the officer's badge. H B 1029 (Rodri�uezl —Affordable Housing: would provide that a public improvement district project may include the development, rehabilitation, or expansion of affordable housing. H*Bo 1037 (Paxton) —Property Tax: would permit persons who initially qualify for certain residential homestead property tax exemptions in the middle of a tax year to receive a prorated exemption for the remainder of that year. H B 1038 (Paxton) —Property Tag: would prohibit an appraiser, when appraising residential homesteads, from ignoring the value of nearby homes that were sold at a recent foreclosure sale or that have experienced declines in market value because of a declining economy. H B 1042 (Parker) — Prevailing Wage Rates: would repeal the prevailing wage rate laws that apply to cities and most other political subdivisions. JAR. R 47 (Strama) — Property Tag: would amend the Texas Constitution to permit the legislature to exempt from property taxes certain energy -efficiency -related improvements that are permanently attached to real property. (Note: please see H.B. 880, above.) H J R 48 (Bonnen) —Property Tag: would amend the Texas Constitution to permit the legislature to enact a $5,000 residential homestead property tax exemption for volunteer firefighters and volunteer EMS workers. (Note: Please see H.B. 959, above.) H J R 49 (Calle�ari) —Property Tag: would amend the Texas Constitution to apply the ten -percent appraisal cap under current law to all real property, not just to residential homesteads. (Note: please see H.B. 979, above.) f' H.J.R. 51 (B. Brown) — 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. 1018, above.) S.B. 16 (Averitt) —Air Quality: among many other things, this bill would provide M. (1) the Texas Commission on Environmental Quality (TCEQ) shall establish and administer a new technology implementation program to reduce emissions from facilities and other stationary sources located within the state; (2) under the new technology implementation program, TCEQ shall provide grants or other financial incentives for eligible projects, such as advanced clean energy products and renewable energy storage, to offset the incremental cost of emissions reductions, (3) TCEQ, the Railroad Commission, and the Public Utility Commission shall jointly participate in the federal government process for developing federal greenhouse gas reporting requirements and the federal greenhouse gas registry requirements; and (4) TCEQ shall adopt rules to comply with any federal greenhouse gas reporting requirements adopted by the federal government for private and public facilities eligible to participate in the federal greenhouse gas registry. S.B. 555 (Duncan) —Construction Contracts: this bill is the same as H.B. 818, above. S.B. 562 (Jackson) —Property Tax: would permit a tax assessor to mail tax bills marked as "Return Receipt Requested". (Note: such a marking is mandatory under current law.) (Companion bill is H.B. 653 by Bonnen.) S.B. 564 (Jackson) — Property Tax: this bill is the same as H.B. 831, above. S.B. 576 (Davis) — Tax Increment Financinst: would: (1) add roads, sidewalks, and other infrastructure to the list of permissible costs related to project plans, (2) prohibit a tax increment plan from providing for payment to a neighborhood enterprise association; and (3) permit a city to grant tax exemptions within a tax increment zone in lieu of paying any increment into the increment fund. (Companion bill is H.B. 146 by T. Smith.) S.B. 578 (Wentworth) —County Development Authority: would provide that: (1) the commissioners court of a county may call an election to authorize certain land use regulations in the unincorporated area of the county; (2) if the election results are favorable, the commissioners court may regulate, by order, land development in the unincorporated area of the county by: (a) requiring a limited fire suppression system that necessitates a developer to construct a certain amount of water storage; (b) requiring a buffer zone between certain land uses and residential areas; and (c) requiring a developer, before the county approves a plat Bed by the developer, to determine the need for and construct certain roadway improvements attributable and roughly proportionate to the subdivision's impact, if necessary; (3) a county may not zone property; and (4) certain uses would be exempt from regulations adopted under the bill. S.B. 582 (Wentworth) —Cell Phones: would prohibit the use of a cell phone while operating a motor vehicle without ahands-free device. S.B. 583 (Wentworth) —Traffic Fines: would double the minimum and maximum fine amounts for disregarding a stop sign or yield sign if the. offense resulted in the injury or death of a pedestrian. 0 S B 590 (Jackson) —Property Tax: would require appraisal districts to biennially adopt a plan for the reappraisal of property following a natural disaster. S.B 599 (Van de Putte) — Sales Tax: would exempt the following from sales taxes: (1) the equipment necessary to produce or manufacture photovoltaic renewable energy devices, and (2) photovoltaic renewable energy devices. S B 618 (Shapleigh) Net Electric Metering: would mandate that the Public Utility Commission adopt rules and standards under which a retail electric provider, electric cooperative, municipally -owned electric utility, or transmission and distribution utility shall offer net metering service to all residential customers as soon as practicable, but not later than January 1, 2010. (Note: net panels metering a windallows pan technology, such as solar turbine, h e, to sell energy back to e utility.) S B 619 (Shaple' h) — Sales Tax: would exempt from sales taxes certain solar energy devices that are installed at a location owned by a retail energy customer. S B 622 (Hegar) — Highway Access/Eminent Domain: would provide that: (1) if a portion of a tract or parcel of real property is condemned for the use, construction, operation, or maintenance of the state highway system or of a county toll project that is eligible for of he state highway system, the special commissi designation as partoners in the nsider any diminished access to the highway and to or from condemnation proceeding shall co the remaining property to the extent that it affects the present market value of the real property, including any factors considered when determining actual fair market value of oses; and (2) in a county with a population of less than property for ad valorem tax purp 50,000, access shall be provided to a controlled access highway at intervals not to exceed five miles. S B 624 (West) — Purchasing: this bill is the same as H.B. 987, above. S B 628 (Ogden) — Sovereign Immunity: would make the state and any state agency immune from any suit brought by a city or other political subdivision. S B 630 (Davis) —Utility Fees: would: (1) require a utility, upon the request of an elderly or disabled individual, to delay without penalty the payment date of a bill until the 25th day after the date the bill is issued; and (2) allow a utility, upon written request by an elderly or disabled individual, to allow payment of the ind0 idual's bill to be deferred for not more than three months and to allow the individual to pay the delinquent amount in equal installments over at least three billing cycles. (Companion bill is H.B. 725 by Vease .) SeBe 632 (Seligerl — Court Costs: would: (1) permit a city to adopt an optional $1 court cost to be deposited into a "municipal court equal justice and education fund;" and (2) provide that money in that fund could be used to pay for interpreter services, counseling services, attorney appointments, staff education, and more. S B 633 (Seligerl —Drug Court: court. would allow two or more cities to create a regional drug 10 S.B. 634 (Selimer) — Doi Restraints: would: (1) prohibit a dog owner from leaving a dog over six months of age outside and unattended in an enclosure of less than 150 square feet, (2) prohibit a dog owner from leaving a dog of any age outside and unattended in a restraint; (3) eliminate exceptions that allow for certain types of restraints and certain acceptable time periods for restraining a dog; and (4) allow for the walking of a dog with a hand-held leash if the handler is physically present and able to exercise immediate physical control over the dog. S.B. 638 (Nichols) —Depositories: would permit city depository banks to pool collateral for deposit amounts in excess of FDIC insurance. Specifically, the bill would do the following with respect to pooled collateral: (1) give cities and banks the option to participate in the program; (2) require 102-percent collateralization; (3) require state comptroller oversight of pooled collateral, and (4) require third -party safekeeping of collateral in most cases. (Companion bill is H.B. 77 by Flynn.) S.B. 640 (Ellis) —Electronic Technolo�y Infrastructure: would: (1) establish the "innovation center" as an office within the Texas Department of Information Resources and make the Innovation center responsible for encouraging the development and implementation of technology infrastructure (e.g., provision of broadband and telecommunications services) for public and private uses throughout the state; (2) provide that the innovation center shall create a grant program to award matching grants to a municipality, a county, or an agency or instrumentality of a municipality or county to improve technology infrastructure; and (3) authorize the innovation center to provide to a state agency or local government technical assistance, including consulting services, regarding the development and improvement of technology infrastructure, and to charge a fee for that service. S.B. 648 (Van de Putte) — EmUloyee Leave: would require a city to: (1) grant up to ten hours of unpaid leave to an employee who has worked for the city for at least a year for purposes of meeting with school officials; and (2) post notice of employees' rights under this law. (Companion bill is H.B. 615 by S. Turner . S.B. 649 (Van de Putte) — Employee Leave: this bill is the same as H.B.1005, above. S.B. 651 (Van de Putte) —Stun Guns: would generally prohibit stun guns, but would: (1) create a defense to prosecution for certain stun gun weapons offenses for license holders and commissioned security officers who are on duty; (2) create an exception to certain stun gun weapons offenses for peace officers; and (3) create a concealed carry licensing program for stun guns. S.B. 664 (Gallegos) —Public Safety: would: (1) require the Texas Facilities Commission (the commission] to create a statewide public building mapping information system (PBMIS) for the purpose of storing information related to public buildings in an electronic format that will be readily accessible to first responders in the event of an emergency; (2) allow a local government to continue using an already -existing independent building mapping system and map storage software until the commission provides funding necessary to modify the information system to be compatible with the standards established by the commission; (3) require each public agency that creates or stores maps and other information related to a public building to submit the maps and information to the commission for storage in the public building mapping information system; (4) provide that a public agency is not required 11 to create or store maps related to the public agency's buildings unless handing for all of the necessary costs is provided by the commission; (5) provide that the PBMIS Committee is composed of representatives from the Texas Building and Procurement Commission, the Department of Public Safety, the Department of Information Resources, the Texas Association of Counties, the Texas Municipal League, the Sheriffs` Association of Texas, the Texas Police Chiefs Association, and the Texas Fire Chiefs Association; (6) provide that information received and maintained by the commission related to the mapping system is excepted from required disclosure under the Texas Public Information Act; and (7) grant immunity from civil liability to a local government and its employees for any act or omission relating to the creation and use of the public building mapping information system, unless the act or omission was grossly negligent or done in bad faith. 3*Bo 671 (Shapleigh) — Public Information Act: would allow a member, committee, or agency of the legislature to either seek a declaratory judgment in district court, or request a decision from the attorney general's office to determine whether information covered in a confidentiality agreement is confidential by law. S B 675 (ShapleiLh) —Sales Tax: would create a second, weekend -long sales tax holiday in December for clothing and footwear. S B 678 (Shapleigh) — Property Tax: would extend from five years to ten years the rollback penalty for loss of an agricultural property tax appraisal. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. For further information contact the TML Legislative Services Department 1821 Rutherford lane, Suite 400, Austin, Texas 787 54-51 28 9 512-231-74001 F0x 512 231 7490 vrwvr.tml.org UPDATE ON THE .FEDERAL STIMULUS PACKAGE Many city officials have questions about what the American Recovery and Reinvestment Act means for Texas cities. In coordination with the National League of Cities, the Texas Municipal League is closely monitoring the implementation of the bill, but details are sketchy at best. The Texas House of Representatives has created a committee, the Select Committee on Federal Economic Stabilization Funding, to monitor the Act 's implementation in Texas. The committee met for the first time last week, and the first meeting showed that state agencies and legislators have precious little information on how money will actually flow.to the state (or to Texas cities). The committee chairman, Jim Dunham (D —Waco), indicated at the meeting that a major part of the committee's role is ensuring that cities know what funds may be available. According to documents obtained from the committee, it appears that the majority of the stimulus funds will be spent on tax cuts and social services programs. However, the following stimulus programs may be of particular interest to cities. Transportation. —Over $2 billion for state, local, and federal highway and bridge construction projects and certain other uses. According to the Texas Department of Transportation (TxDOT) representatives who have provided testimony to the House Select Committee on Federal Economic Stabilization Funding, cities will be reimbursed for the amount spent on programs approved pursuant the Act. An additional $1.5 billion in discretionary transportation funds will be made available to " Note: 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 Lane, Suite 400, Austin, Texas 78754-5128 512-231-7400, Fax 512-231-7490 www.tml.org r local communities nationwide, but the U.S. Department of Transportation has not yet adopted rules for the allocation of these funds. ' • Transit Programs - $372 million for urban and rural capital transit. (To be allocated according to existing Federal Transit Administration formulas.) • Byrne Justice Assistance Grants - $140 million for law enforcement efforts to fight crime. (To be allocated 60 percent to the state and 40 percent directly to local entities.) • The Act includes $13.61 billion for projects and programs administered by the Department of Housing and Urban Development (HUD). Texas should receive approximately $517 million of these funds. Nearly 75 percent of the funds were allocated to state and local recipients on February 25, 2009. Those programs include the following. (1) Community Development Block Grants; (2) Project -Based Rental Assistance; (3) Lead Hazard Reduction/Healthy Homes; (4) Homelessness Prevention Funds (5) Tax Credit Assistance Program; (6) Native American Housing Block Grant; and (7) Public Housing Capital Fund. The allocations for each program can be viewed at wwy hud.gov/recovery{. The remaining 25 percent of funds will be awarded by competition in the coming months. Weatherization Assistance Program - $236 million for the Weatherization Assistance Program through the Texas Department of Housing and Community Affairs (TDHCA.) • HOME Program on $148 million for increasing the supply of affordable housing through TDHCA. • Clean Water State Revolving Fund - $181 million for the state to capitalize its low - interest loan programs for water projects and stormwater/non-point source pollution control projects. • Safe Drinking Water State Revolving Fund - $164 million for the state to capitalize its low -interest loan programs for drinking water infrastructure improvements. • On February 25, 2009, TxDOT released a list of projects that could be developed using $1.2 billion in funds available to the state under the Act, as well as an additional list of maintenance and preservation projects that would represent approximately $500 million in stimulus money. Project lists and more information are available on the TxDOT website, wivv.txsl.3t.�of (keyword: stimulus). Citizens may comment on TxDOT's proposal to implement the Act through the Web site, by fax (512-463-9896)1 by email (askTxDOT@dot.state.tx.us) or by writing to the department (125 East 11�' Street, Austin, Texas 78701). 2 The numbers above are estimates provided by the Texas legislative budget board and HUD, and have not been independently verified. It is unclear at this time what action cities should take to ensure a chance at any available funds that may be competitively awarded. The National League of Cities (NLC) has invited any city official (including non-NLC members) to view an online Web cast about the Act. The Web cast gives an overview of the Act and provides access to the most current information held by NLC. To view the Web cast and accompanying materials, please go to www.nlctv.orQ. Click on the "02/25/06" program entitled "National League of Cities — The Federal Recovery Package: What's In It for Cities and How to Access the Resources." You will be asked to register, but doing so is free. TML will provide more information as it comes available. As a part of the Energy Independence and Security Act passed on December 19, 2007, the U.S. Department of Energy was given the authority to administer the Energy Efficiency and Conservation Block Grant (EECBG) Program. The purpose of this money is to reduce fossil fuel emissions and improve energy efficiency through grants that will fund local initiatives, including building and home energy conservation programs, energy audits, fuel conservation programs, building retrofits to increase energy efficiency, "smart growth" planning and zoning, and alternative energy programs. Pursuant to the recent passage of the American Recovery and Reinvestment Act of 2009, more commonly referred to as the economic stimulus package, the EECBG program has received $3.2 billion dollars to be awarded to eligible cities. Of that amount, 68 percent would flow to cities and counties, while 28 percent would go to the states. Cities over 35,000 in population must apply directly to the U.S. Department of Energy for grants; a city under 35,000 must apply to the state for funding under the program (each state must pass through to local governments at least 60 percent of its share of funding). In Texas, the State Energy Conservation Office will be administering the program but has not yet developed a method to make the funding available. A city with more than 35,000 inhabitants must register and apply for EECBG funds by using the FedConnect web portal. More information on using FedConnect can be found at: 13tins:/i�r�A;c v.1'edconnect.rvt/FedCkiin®cti '€ibliePa!aes%FedCon?iect Reads,_ et Qojp 3 tv This April, communities across Texas will do their part to help keep children safe. Passed by the Texas Legislature in 2007, House Bill 1045 designates April as Child Safety Month, recognizing the need to educate the community about the problem of childhood injuries and to disseminate information on preventative measures. Your Texas legislators encourage you to join thousands across Texas and sponsor or take part in child safety events in April and throughout the year to increase awareness and educate parents and children about the importance of child safety. For cities that are interested, the following is a sample resolution to recognize Child Safety Month: CITY COUNCIL RESOLUTION WHEREAS, Children are this state's most precious resource, and their protection and care are the concerns of all; and WHEREAS, Traumatic brain injury is the dominant cause of death and permanent disability among children nationwide, and an increased public awareness of the means of preventing these tragedies is surely a worthwhile priority; and WHEAREAS, The risk of accidental injury and death to children can be greatly reduced by the use of such commonsense measures as bicycle helmets, seat belts, safety and booster seats, and smoke alarms, and disseminating helpful information about such measures is an efficient and economical means of preserving the health and well being of our youth; moreover, more lives can be spared if the public becomes better informed about the dangers presented to children by unattended and unlocked vehicles; and WHEREAS, Ensuring that the young people of our community grow up in a safe and supportive environment is a goal that is both attainable and desirable, and we join such public-spirited institutions as the Texas Office for Prevention of Developmental Disabilities in seeking to further this vital mission; now, therefore, be it RESOLVED, That the Council of [insert name of city], hereby designates April 2009 as Child Safety Month. 0 TML LEGISLATOR-OF-THE-1 FEBRUARY 2009 Representative Rene Oliveira is the TML Legislator -of -the -Month for February 2009. Mr. Oliveira represents House District 37, which includes Brownsville, Los Fresnos, Port Isabel, Laguna Vista, and Bayview. Currently serving in his 13term in the Texas House, Representative Oliveira is Chairman of the powerful House Ways and Means Committee and serves on the House State Affairs Committee. Throughout his tenure, Chairman Oliveira has been instrumental in establishing job creation tax credits and economic development incentives. Chairman Oliveira has recently filed H.B. 773, which would extend the authority of taxing units, including cities, to grant tax abatements until September 1, 2021. Current authority to do so will expire on September 1, 2009. We hope that city leaders across Texas, and particularly those in Representative Oliveira's district, will express their appreciation to this outstanding lawmaker. CITY -RELATED BILLS FILED H.B. 1379 fY. David —Mandatary Health Benefits: would require health benefit plans to provide coverage for HIV tests. (Companion bill is S.B. 877 by Ellis.) H.B. 1380 (Y. Davis} —Mandatory Heal#h Benefits: this bill is substantially the same as H.B.1379, above. H.B. 1383 W. David —Public Information Act* would provide that: (1) the home address, home telephone number, social security number, or family member information of a current or former employee of a governing body or a current or formal official of the governing body is excepted from disclosure regardless of whether the individual elected to keep the information confidential; and (2) information that could compromise the safety of a public officer or employee is confidential if the individual applies to the governmental body's public information officer and asserts that disclosure of certain information could compromise the individual's safety, and the public information officer determines that the individual's safety would be compromised if such information were released to the public. (Companion bill is S.B. 331 by Carona . 5 H BDomains 1385 (Y DavisDavisi — Eminent Dom: would provide that the special commissioners in a condemnation proceeding shall admit evidence on the financial injury to the property own0. er including if the condemnation makes relocation of a homestead or farm necessary —the financial damages associated with the cost of relocating from the condemned property to another property that allows the property owner, without the necessity of incurring additional debt, to: (1) have a standard of living comparable to the property owner's standard of living ; or (2) operate a comparable farm, if the condemned immediately before the condemnation property is a farm. H B 1389 (Y Davisl — Eminent Domain: would provide that: (1) the tern "blighted area" means an area that presents four or more of the following conditions for one year after a property owner receives notice of the condition: (a) the area contains uninhabitable, unsafe, or abandoned structures; (b) the area has inadequate Provisions for sanitation; (c) there exists at the area an imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe declared to be a disasters (d) the area ronmental Protection Agency as a Superfund site or as has been identified by the federal Envi environmentally contaminated to an extent that the property requires remedial investigation or a feasibility study; (e) the area has been the location of substantiated and repeated illegal wner knew or should have known; (f) the maintenance of the activity of which the property o al standards; (g) the property is abandoned and contains property is below county or municip a structure that is not fit for its intended use because the utilities, sewerage, plumbing, or heating or a similar service or facility of the structure has been disconnected, destroyed, removed, or rendered ineffective; or (h) the property presents an economic liability to the immediate area because of deteriorating structures or hazardous conditions; (2) the current statutory provisions permitting condemnation for urban renewal apply only to "blighted" areas (as opposed to "slum" areas); (3) a municipal governing body must determine that each unit of property (as opposed to an "area," as provided in current law) be designated as blighted; (4) notwithstanding any ocher law, an area may not be considered a blighted area on the basis of a condition described in number (1) above unless the city has given notice in writing to the property owner regarding the imminent harm to life or other property caused fails to take reasonable measures to by the condition of the property, and the property owner remedy the harm caused by the Property; (5) an area may not be considered blighted solely for aesthetic reasons; (6) the special commissioners in a condemnation proceeding shall admit evidence on the financial injury to the property owner including —if the condemnation makes relocation of a homestead or farm necessary —the financial damages associated with the cost of relocating from the condemned property to another property that allows the property owner to: (a) have a standard of living comparable to the properly owner's standard of living immediately before the condemnation; or (b) operate a comparable farm, if the condemned property is a farm; (7) a city shall Provide a relocation advisory service for an a farming or ranching operation, or a nonprofit individual, a family, a business concern, organization that is compatible with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act; and (8) a city shall, as a cost of acquiring real property, expenses and rental supplements, make relocation payments, provide financial pay moving pe assistance to acquire replacement housing, and compensate for expenses o is ntal t the transfer of the property if an individual, a family, the personal property farming or ranching operation, or a nonprofit organization is displaced in connection with the acquisition. 6 H.B. 1399 (Quillen) — Municipal Judges: would authorize a municipal judge to conduct an inquest into the death of a person who died in the city. U915a 1401 (Villarreal) — Property Tag. would do the following. (1) permit property owners to appeal equity matters through binding arbitration; (2) establish procedures for "expedited" appraisal arbitration that would limit argument and testimony by both sides to one hour in length; (3) permit an arbitrator to lower a property's value to an amount less than the amount established by the appraisal review board (ARB) (Note: current law permits the arbitrator to award a lower value only if the amount determined by the arbitrator is closer to the property owner's opinion as to the value than it is to the value determined by the ARB); (4) extend from 45 to 60 days the deadline for a property owner to judicially appeal a final appraisal; (5) provide that district courts may use, and shall give preference to, a "master in chancery" in determining judicial appeals of appraisals, (6) provide that a final appraisal order of a district court shall include mandatory mediations () provide that in a district court appeal of appraised value, there is a rebuttable presumption against the consideration of comparable properties if the comparable would require an adjustment of more than 25 percent in value, and (8) prohibit property tax consultants from appearing at certain court proceedings and from soliciting clients for an attorney for the purpose of certain judicial appeals. H.B. 14©Z (Villarreal) — Tages: would create a "select commission on periodic tax review" and a "joint legislative tax review," both charged with periodically reviewing all state and local taxes and other revenue sources and making recommendations as to whether the taxes or revenue sources should be continued or repealed. H.B. 1407 (Geren) — Proyerty Tag: would: (1) provide that certain affidavits in support of a former property owner's tax sale redemption claim are conclusive as to Inc facts they state; and (2) provide that a tax assessor -collector is not liable to any person for acting in reliance on such affidavits. H.B. 1413 Bohac) —Junked Vehicles: would change the definition of junked vehicle to include a vehicle that is missing an unexpired license plate or a valid motor vehicle inspection certificate. H.B. 1414 (Bohae) —Elections: would: (1) require a voter to present to an election officer at the polling place a voter registration certificate and an acceptable form of identification; (2) modify the types of acceptable voter identification documents; (3) provide that a voter who presents a voter registration certificate indicating that the voter is currently registered in the precinct, but whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter's identity can be verified from the proof presented; and (4) provide for the acceptance of a provisional ballot only if the voter presents identification at the time the ballot was cast or within ten business days of the election. HOB. 1417 (Leibowitz) —Sales Tax: would exempt from sales taxes the sale of solar or wind -powered renewable energy systems for installation at a farm or residential homestead. 7 ri,�, 14ja jtV.SG — 111QilYfaava � --- --- including a plan issued by an intergovernmental diagnosis and treatment of eating disorders. : would require a health benefit plan, risk pool, to provide coverage for the H B 1421 (Corte) — Municipal Court Fees: would permit a city less than 850,000 in population to use child safety court fees for general public safety and security programs. (Companion bill is S.B. 446 by Wentworth.) H B 1424 (Leibowitz) — Disannexation: would: (1) provide that a petition for disannexation for failure to provide services may be submitted by a number of voters in an annexed area that equals more than 50 percent of the number of voters of the area who voted in the most recent municipal election; (2) require the city council to certify whether such a petition is valid; (3) provide that if the petition is certified as valid, the city shall disannex the area within 60 days after the date the petition is certified, unless within that period the city brings a cause of action in a district court to request that the area remain annexed; and (4) provide that the district court shall enter an order disannexing the area if the court finds that a valid petition was filed, unless the court finds the city performed its obligations in accordance with the service plan and state law. FIB 1431 Bohac —Sales Tax: would exempt from sales tax certain renewable energy technology equipment and devices. FIB i432 (Jackson) —Eminent Domain: would modify current -law procedures for the repurchase of condemned property by the original owner as follows: 1. An entity with eminent domain authority shall disclose in writing to the property owner, at the time of acquisition of the property through eminent domain, that: (a) the former owner or the owner's heirs, successors, or assigns may be entitled to repurchase the property under the bill's provisions or request from the entity certain information relating to the use of the property and any actual progress made toward that use; and (b) the repurchase price is the price paid to the former owner by the entity at the time the entity acquired the property through eminent domain. 2. A person from whom property is acquired by eminent domain for a public use is entitled to repurchase the property if. (a) the public use for which the property was acquired through eminent domain is canceled; (b) no "actual progress" is made toward the public use for which the property was acquired between the date of acquisition and the fifth anniversary of that date; or (c) the property becomes unnecessary for the public use for which the property was acquired. 3. Define "actual progress" as the completion of two or more of the following actions: (a) the performance of a significant amount of labor to develop the property; (b) the furnishing of a significant amount of materials to develop the property; (c) the hiring of and performance of a significant amount of work by an architect, engineer, or surveyor to prepare a plan or plat that includes the property; (d) application for state or federal funds to develop the property; (e) voter approval of a proposition authorizing the issuance of bonds or other public securities or the issuance of revenue bonds related to funding the public use project for which the property was acquired; or (f) the acquisition of a tract or parcel of real property adjacent to the property for the same public use project for which the owner's property was acquired. 4. Not later than the 180th day after the date a condemning entity determines that the former property owner is entitled to repurchase the property, `the entity shall send by certified mail to the property owner or the owner's heirs, successors, or assigns' a notice containing certain information. 5. On or after the fifth anniversary Iof the date on which real property was acquired by an entity through eminent 'domain, a former, property owner, or the owner's heirs, successors, or Iassigns may request that the condemning entity make a determination and provide a statement and other relevant' information 'regarding, among other things, whether the public use for which the property was acquired has been canceled and whether any actual progress has been made toward the public use. 6. Not later than the 90th day following the receipt of the request for information described in number 5, above, the entity shall send a written response by certified mail to the requestor. 7. Not later than the 180th day after the date of the postmark on a notice described in number 4, above, or' a response to a request described in number 5, above, that indicates that the former property owner or the owner's heirs, successors, or assigns is entitled to repurchase the property. interest, the ,former property owner or the owner's heirs, successors, or assigns must notify the entity of the person's intent to repurchase the property interest. 8. As soon as practicable after receipt of a notice of intent to repurchase, the entity shall offer to sell the property interest to the person for the price paid to the owner by the entity at the time the entity acquired the property through eminent domain. 9. The person's right to repurchase the property expires on the 90th day after the date on which the entity, makes the offer. H B 1433 (Lucio) —`Water Ouality Fees: would increase the cap on the annual water, quality fee imposedon a `city by `the Texas Commission on Environmental Quality from $75,000 to $200,000, ILBe 1439 (Bolton) - Transportation Funding: would provide that a toll project entity may not finance any part of the construction of a toll project using county or municipal bond proceeds unless the use of the proceeds for the construction of the project was specifically listed in the ballot proposition to authorize the bonds. H B 1443 tAaneock) - Fire/Police Civil Service: would provide that the civil service provision in Chapter 143 of the Local Government Code that prohibits a person who is 36 years of age or older from filling a beginning position in a civil service fire department does not apply in a city with a population of 25,000 or less. H*Bs 1451 (Rodrigue-4 Hotel Occupangy, Tax: would permit the expenditure of hotel H S 1465 (Paxton) —Property Tax: would do the following: (1) require a city to join into a tax collection lawsuit athird-party transferee of a tax lien (typically known as a "mortgage lender"); (2) permit the mortgage lender to file for foreclosure; (3) as an alternative to number 2 above, permit the mortgage lender to pay all taxes and interest owed to the city, thereafter requiring the city to enter a disclaimer in the tax suit; and (4) after transfer of the 9 r lien or the filing of a disclaimer, permit the mortgage lender to foreclose on the property even if payment on any loan made by the mortgage lender to the property owner isn't delingyent. H B 1478 (Bohac) -Debt Collection: would provide that a person who provides necessary medical treatment for a life -threatening condition and who furnishes information to a consumer reporting agency regarding an amount owed by the patient, shall be liable to the patient for: (1) the greater of three times the amount of actual damages or $1000, (2) reasonable attomey's fees; and (3) court costs. (Companion bill is Amount S.S. 977 by Ellis . H B 1483 r -Eminent Domain: would make various changes to eminent domain laws, including (among other things) the following. (1) define a "public use" as one that allows the state, a political subdivision, or the general public to possess, occupy, and enjoy the property, including the specifically -enumerated public projects in current law, (2) provide that a governmental entity may not take private property through the use of eminent domain if the taking: (a) confers a private benefit on a particular private party through the use'of the property% (b) is for a public use that is merely a pretext o confer a private, benefit on a particular private party; (c) is for economic development purposes, unless the economic 'municipal community development or development is a secondary purpose resulting from municipal urban renewal activities, or (d) is not for a public use as defined by the bill; (3) require :a record vote with specific wording to take each parcel of land through the use of entity that wants to acquire real property for a public use. to ' eminent domain; (4) require an voluntaril and to certify in the make ' a "bona fide offer" to acquire the property y, condemnation petition that the offer was made; (5) define "bona fide offer" as one that is not arbitrary or capricious and is based on a reasonably thorough investigation and ,honest assessment of the amount of the just compensation'due to the landowner as a result of the taking; (6) provide that if a court finds that a condemnor failed to make a bona fide offer, the court shall abate the suit and order that an offer be made; (7) provide that if a court finds that a condemnor filed frivolous pleadings, the condemnor shall pay the property owner's costs and attorneys fees; (8) change the evidentiary standard used for determining market value to. mean "the pro 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 necessityto buy the property", (9) provide that the special commissioners shall admit, subject to the Texas Rules of Evidence, evidence on the market value of the property before the condemnation and the net change in market value to the remaining property, considering both injury and benefit to the property owner; (10) 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; (11) 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 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; (12) modify the current 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 prov right is activated if the condemnor fails to begin the operation or construction of the project in the ten-year period; (13) add additional court costs in a condemnation proceeding; (14) 10 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; and (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. (Note: this bill is the same as H.B. 402 by Woolley H.B. 1491 (Driver) - Law Enforcement: would exempt police chiefs or other chief administrators of a law enforcement agency from the regulations of the Private Security Act. H.B. 1493 ('T. King)'= Elections: would allow a person who is employed at the location at which a polling place is located. to use a wireless communication device if the use of the device is in connection with the person's employment. H.B.1511 (Otto) — Fire Sprinklers: would provide that (1) a requirement of the state or a political subdivision that an automatic fire sprinkler system be installed in a new one -family or two-family dwelling may not be enforced with respect to a dwelling under 7500 square feet in size; (2) a prospective owner of a one -family or two-family dwelling under.7,500 square feet in size in a jurisdiction in which an automatic fire sprinkler, system would otherwise be required may choose whether or not to have the system installed; (3)'a builder in a jurisdiction in which' an automatic fire sprinkler system is required to be installed in any new one-family.or two-family dwelling shall offer a person with whom the builder contracts for the construction of a new one -family or two-family dwelling under 7,500 square feet in size the option of installing an approved automatic fire sprinkler, system in accordance with the International Residential Code; and (4) the bill does not apply to a state requirement or an ordinance or order of apolitical subdivision adopted before January 1, 2009 H B 1513 (W. Smith) Construction Contracts. would provide that the Texas Construction Fund Trust Act applies to a public construction contract, regardless of whether the contract is covered by a statutory or common law payment bond. (Note: The Texas Construction Trust Fund Act provides that any funds paid to a contractor, subcontractor, or supplier are held in trust for all parties in the construction chain. It is generally designed to protect subcontractors and suppliers from the default of a general contractor. This bill would overturn a recent court decision, Dealers , Electrical Supply Company v. Scoggins Construction Company, Inc., which held that a supplier's only remedy is under a performance or payment bond.) H.B. 1526 (Crownayer) a Gas Pipelines: would provide that a common purchaser (e.g., a gas pipeline company or gas purchaser) has the right to lay and maintain a pipeline over, under, across, and along a public road or a municipal street or alley; and (2) a common purchaser may exercise authority under the bill in relation to a municipal street or alley only with the consent of and subject to the direction of the governing body of the city. H.B. 1531 (Bolton) -Court Fines: would increase from $50 to $75 the fee charged to a defendant when a police officer is required to execute or process an arrest warrant, capias, or capias pro fine. 11 r H.B.1534 Burnam — Eminent Domain: would provide that: (1) a governmental entity with eminent domain authority that acquires property for public use or a person with eminent domain authority that produces, gathers, transports, distributes, or sells natural gas (both defined as a "person" under the bill) who wants to use eminent domain authority to acquire real property shall provide, by certified mail, to the property owner a copy of any and all existing appraisal reports produced or acquired by the person; (2) a property owner shall provide to the acquiring' person a copy of any and all existing appraisal reports produced or acquired by the property owner relating specifically to the owner's property and used in determining an opinion regarding value; (3) the property owner shall provide each copy within 10 days of receipt of appraisal reports but no later than 10 days prior to the special commissioner's hearing, (4) the initial offer to purchase made by the acquiring person must also include: (a) a copy of the section of law detailing the information in numbers 1-3, above, (b) a written' estimate of the fair market value of the property the acquiring person is offering to acquire I or lease and the: amount of damages to the property owner's remaining property, if any, that will result from the acquisition or lease; and (c) a statement that the property, owner has aright to make a written request to the acquiring person for an appraisal of the property, at theacquiring person 's expense, and information described in number 5, below, regarding transactions involving the acquiring person for property the acquiring person intends to use for a similar purposes and (5) on a property owner's written request, the acquiring person shall disclose each appraisal report completed, offer to purchase or lease made, and negotiated' purchase. or lease price paid by the acquiring person for property acquired or leased by the acquiring person for a purpose related to the purpose for which the acquiring person seeks to acquire or lease the property owner's property and that is adjacent to the property owner's property. A B. 1535 (Burnam) = Gas Pipelines: would, in certain populous counties located over the Barnett Shale, prevent agas corporation from using eminent domain for the purpose of constructing a gas pipeline unless the gas corporation applies for and receives a permit from the Railroad Commission of Texas that authorizes the pipeline and the route of the pipeline. H.B. 1536 (Burnam) Gas Pipelines: would provide that a gas corporation may not condemn or appropriate property for a project related to constructing a gathering or transmission pipeline for transporting gas for a single producer in certain populous counties located over the Barnett Shale. H B. 1537 (Burnam) -Gas Pipelines: would impose certain safety requirements on gas pipelines in certain populous counties located over the Barnett Shale. H B. 1538 (Burnam) — Gas Pipelines: would provide that certain cities in certain populous counties located over the Barnett Shale may impose safety requirements regarding gas pipelines. H B 1544 (Miklos) —Municipal Court: would require a municipal court to dispose of a case without requiring any additional appearance by the defendant if the defendant mails or delivers in person a plea of guilty or no contest or a waiver of jury trial at any time before the date on which the trial is to begin. 12 H.B. 1545 (Miklos) FireJPotice Civil Service: would amend Chapter 143 of the Local Government Code to provide that: (1) if a civil service commission finds that a period of disciplinary suspension should be reduced, the commission may order a reduction in the period of suspension; and (2) if the commission' or a hearing examiner orders that a suspended firefighter or police officer be restored to the position or class of service from which the person was suspended, the firefighter or police officer is entitled to immediate reinstatement to the position or class of service from which the person was suspended, notwithstanding any action filed in a court by the city or department head challening the commission's decision. (Companion bill is S.B.1045 by all os.) H.B. 1546 (Creighton) Property Tax: would permit the commissioners court of Montgomery County to call a county -wide election to lower the residential property tax appraisal cap for all taxing units in the county from ten percent to a percentage of not less than three percent. (Note: please see HAM 67. below). H.B. 1547 (Creighton) -'Property Tax: would: (1) require every appraisal district to operate an Internet Web site, and (2) require the .district to post on the Web site information relating to homestead exemptions, the right to inspect records, and the appraisal methodology used by the district. H.B. 1548 (Creighton) -- Property Tax: would permit the commissioners court of a county to require that each member of an appraisal district board of directors must: (1) be a resident of the district; (2) be. an elected official of A taxing unit in the district; and (3) have resided in the district for at least two years before taking office. H.B.1556 (Ortiz) - Pnhlic Safety: would direct the Texas Department of Public Safety to create a system for cities to issue `local 'public health and public safety alerts 'through the existing system of dynamic message signs. H.B. 1558 (Martinez Fischer) — Graffiti: would: (1) require a court to order a defendant convicted of a graffiti offense to make restitution to the victim; (2) make changes to the way in which graffiti restitution may be made; (3) require 'a court granting probation for a graffiti offense to require community service as a condition; and (4) require a juvenile court to bar a child found to have engaged in a graffiti offense from receiving a driver's license for a certain period. H.B. 1560 {Aycock) — Irrigation Systems: would remove the requirement that certain cities must require a permit for irrigation systems built in the city's ETJ. H.B. 1566 (England) — Natural Gas Facilities: would provide that: (1) the governing body of a city by ordinance may adopt zoning regulations applicable to natural gas compressor stations; (2) in adopting zoning such regulations, the governing body shall consider the proximity of the station's location to residential areas, the height and size of the station relative to surrounding improvements, the aesthetic compatibility of the station with the surrounding area, and compliance with the municipality's comprehensive plan; (3) the governing body by ordinance may adopt safety standards applicable to natural gas compressor stations by agreement with or through certification from the United States 13 provided by the federal Pipeline Safety Act; and (4) to the Department of Transportation as extent consistent with federal law, the governing body of a municipality by ordinance,,,, may adopt "safety standards applicable only to aboveground features of natural gas comprssor stations without entering into an agreement or obtaining certification. H.B 1575 (Isett)' — Property Tax: would do the following: (1) provide that homestead l of the tax year in which the person qualifies for the exemptions are effective on January late exemption; (2) extend from one year to five years the deadline for filing certain homestead exemptions; (3) limit property tax appraisals to an amount based on the current he potential and best use" use of the property; (4) use of the property rather than t require appraisal notices to include additional comparative information based on the past five years o£ appraisal history; (5) lower the property five tax rollback rate from eig eta tax rate percent; (b) provide that a city, must hold a ratiff0tion election to adop exceeds the five percent rollback rate (as opposed to current taw, 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 mall district court, if the amount in dispute is .within the jurisdictional small amount aims court are not further court; and (9) provide that decisions on appraisal appea appealable. (Companion bill is S.B. 700 by Patrick) ProperONOWg— ettl — ty Ta$ would: (1) lower the property tax rollback rate from eight percent to three percent; and (2) provide that a city must hIF old a ratification election to exceeds the three..percent rollback rate (as opposed to current adopt a tax rate that law, which requires an election only if a petition is received from the citizens). H S 1578 (Tsetjt Health Plan Reinsurance: would: (1) prohibit a reinsures from selling 2 create the "Texas Medical Reinsurance reinsurance to a self -funded health benefit plan* ( ) System" under the supervision in ionera, and (3) and control of the sufrom Texas the Medical Reinsurance require all health benefit plans to purchase reinsurance System. H.B.1583 nn — Off ce of State->'ederal Relations: woule independent other things* agencand • (transfer abolish the state's Office of Sta#e-Federal Relations as an and pe moire a political the duties and functions of that agency to the office of the governor; the q subdivision of the state to repast to the office on any contract between the subdivision and a federal lobbyist; (3) mandate that a political subdivision shall submit one report under the bill not later than the 30th day after the date the contract is executed u ed andaprovide cton the ort noort must than the 30th day after the date the contract is terminat , () include the name of the lobbyist or firm, the issue for which the lobbyist was hired, and hee amount of compensation paid or to be paid to the lobbyist under the, contract* and (5) p subdivision contracting with a federal lobbyist before September 1, 2009, that a political shall, if the contract has not terminated before that date, submit a report not later than nion bill is S.B.1003 by Deu September 30, 2009. (Compaelt.) H(Rose) — Property Tax: would provide a $5,000 residential homestead property tax exemption for persons who have served as any of the following for at least one year: (1) 14 r volunteer firefighter, (2) volunteer EMS worker, or (3) foster parent. (Note: please see H.J.R. 68, below.) , H.B. 1591 (Hamilton) — Sales Tax. would create a ten-day sales tax holiday in June for certain hurricane preparation items sold in first and second -tier coastal counties. H.B. 1606 (Branch) — Construction Manager-Anents: would apply to a governmental entity, including 'a city and any entity owned by a city,' and would modify'the way in which the services of a construction manager -agent are procured by yng that: (1) a person may not engage in the practice' of construction and program management as a construction manager -agent for a governmental entity in this state unless the person holds a certificate of registration issued under the bill by Texas Department of Licensing and Regulation; (2) a person must meet certain criteria prior to being registered; (3) a governmental entity may use the construction manager -agent method for the construction, rehabilitation, alteration, or repair of a facility in a construction project or a program of multiple construction projects; (4) a construction manager -agent is a sole proprietorship, partnership, corporation, or other legal entity that complies with the registration requirements of the'bill and that provides consultation to the governmental entity regarding construction, rehabilitation, alteration, or repair of the facility, (5) a construction manager -agent is not a contractor, and a governmental entity may not require a construction manager -agent to provide performance' and payment bonds; (6) a governmental entity using the construction manager -agent method shall procure, in accordance with applicable law, a general contractor, trade contractors, or subcontractors who will serve as contractors for their specific portion of the work and will, provide performance and payment bonds to the governmental entity in accordance with applicable law; (7) a construction 'manager -agent may not: (a) perform any ;aspect of the construction, rehabilitation, alteration, or repair of a facility; (b) be a party. to a construction subcontract; or'(c) provide project bonding; and (8) the bill's provisions would not apply to a professional architect or professional engineer who is licensed in this state and is providing construction or program management 'services as a construction manager -agent to 'a governmental entity, but the firm employing the person must maintain professional liability insurance in the amount of at least $ 1 million for each occurrence. (Companion bill is S.B. 1090 by Deuell.) H.B.1616 ( mempel) — Impact Fees. would prohibit a city from taking an adverse action or penalizing a school district that, pursuant to a statute passed in 2007, does not consent to paying city impact fees. (Neither "adverse action" nor "penalize" is defined in the bill.) H.B. 1632 (Christian) - Engineering Services: would: (1) apply to a building or other facility that is occupied exclusively by a volunteer fire department in a county with a population of 80,000 or less and is not routinely used by the public; and (2) exempt such a building or facility from the requirement that the engineering plans, 'specifications, and estimates have been prepared by an engineer, and the requirement that the engineering construction is to be performed under the direct supervision of an engineer. H.E. 1633 (Walle) - Graffiti: would require a juvenile court or a court granting community supervision to a defendant convicted of a graffiti offense to require a juvenile defendant to 15 perform a certain number of hours of community service depending on the amount of pecuniary loss resulting from the, commission of the offense. IF HeBe 1634 (T. Smith) — Public Information: would make a motor vehicle accident report and any personal identifying information contained therein confidential to all but certain I III IF I enumerated parties during the first 30 days following the accident. IF I IF FF H.Be 1635 (T. Smith) -- Texas Residential Construction Commission (TRCC): would aboli%sh the TRCC and repeal section 214.906 of the Local Government Code, which requires a city, before issuing a building IF to verify that the builder is registered with the TRCC. HXa 1638 (F. Brown) — Elections: would prohibit a city from making a deduction from the salary, wages, or accrued` leave of an officer or employee of the city because that individual serves as an election judge or clerk. FFI HX 1644 (Dukes) — Municival Court: would require certain language to be added to citations for `class C misdemeanors and certain court' proceedings. IF IF I III H B 1648 (Menend. Fire/Police Civil Serviced would amend Chapter 143 of the Local Government Code to limit the way in which' a civil service city may investigate a complaint against apolice officer or firefighter, incluIFF ding: (1)limiting to times at which a police officer or firefighter may be interrogated; (2) not allowing interrogation of a police officer or firefighter at his/her home; (3) specifying the individuals who may perform the investigation and {4) limiting the way in which an interrogation of a police officer or firefightIIIer may, be ` conducted. H B ~1649 (Menendez) Celi Phases: would: (1) prohib18it a person under years of age from'operating a motor vehicle while using a wireless communications device; (2) prohibit a person under 17 years of age from operating a moped or motorcycle while using a wireless communications device;'(3) enhance.the penalty'for such an offense when the violation'is committed within a school zone; and (4) create an affirmative defense to these offenses in the case of certain emergencies. H B. 1658 (P. King) — Sales Tax: would exempt from sales taxes certain telecommunications equipment. (Note: this bill is the same as H.B. 468 by Paxton.) HaBo 1660 (Pw Kina) — Central Appraisal District (CAiD) Board: would provide that a CAD board shall be made up of five directors: four appointed by the county's local administrative judge and one elected by the county's voters. 'The bill also repeals the authority of the taxing units in the CAD to disapprove an action by the CAD board. HsBo 1661 (P. King) -Property Tag: would provide a $60,000 residential homestead property tax exemption for active duty military personnel. (Note: please see H.J.R. 69, below.) H B 1663 (King) —Search Warrants: would allow any. magistrate. who is also an attorney to issue a search warrant for a blood specimen in intoxication offenses. 16 H.S. 1669 (Calleaari) - Certificates of Convenience and Necessity: would provide,that. (1) if a cityrefuses to provide 'services to property located in the city's extraterritorial jurisdiction (ETJ), a retail public utility may apply to the Texas Commission on Environmental Quality (TCEQ) for a certificate of public convenience and necessity (CCN) to serve the property, and the TCEQ may grant the certificate irrespective of whether the city consents to the 'certifications (2) the TCEQ may not extend a city's CCN beyond its ETJ without the written consent of the landowner who owns the property in which the CCN is to be extended, and the portion of any CCN that extends beyond the ETJ without the consent of the landowner is void;; (3) as an alternative to decertification, the owner of a tract of land that is at least 50 acres in size and that is not in a platted subdivision actually receiving water or sewer service may petition the TCEQ for expedited release of the area from a CCN so that the area may receive service from another retail public_ utility, and the fact that a CCN-holder. is a borrower under, a federal loan program is ,not a bar to such a request; (4) 'a petitioner under number 3, above, must demonstrate that a written request for service, other than a request for standard residential or commercial service, has been submitted to the CCN-holder identifying, among other things, the approximate cost' of the alternative service and whether the petitioner intends for fire protection to be part of the requested level of service; and (5) if the CCN-holder has never provided service to the area the petitioner seeks to have released, the TCEQ is not required to find that the proposed alternative provider is capable of providing better service than the certificate holder, but only that the proposed alternative provider is capable of providing the requested service. H.B. 1677 M Smithy — Geospatial Data: would require a city to provide certain notice on each geospatial data product that: (1) is created or hosted by the city, (2) appears to represent property' boundaries; and (3) wasnot produced using I information.' from an on -the -ground survey conducted under the supervision of a registered professional land surveyor. H.B. 1681 (Gaffego)— Sex Offendersb. would permit a general law city to prohibit a registered sex offender from going in, on, or within a specified distance of a child safety zone within the city. H.B. 1702 (Laubenberg) - Information Related to Bonds: would provide that: (1) at least thirty days prior to a general obligation bond election, a city must submit to the state comptroller, for publication on the comptroller's Web site, information regarding the amount of the bonds, the way in which the bond proceeds will be used, the effect of the bonds on the tax rate, the city's total bonded indebtedness, and more; and (2) each calendar quarter, a city must prepare a report, for posting on the state comptroller's Web site, detailing the city's bonded indebtedness. H S 1715 (Gonzalez Toureilles) — Rural Economic Development: would: (1) create the "Texas Rural Development Fund" as an account in the state's general revenue funds 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. (Companion bill is S.B. 684 by Lucio.) H B 1720 (Bohae) - Political Advertising: would make it an offense for a city official or employee to spend public funds on a communication describing an election measure if the communication contains material information that the official or employee knows is false. H.B 1724 (Menendez) -Casinos and Gaming: would authorizer (1) the establishment of up to twelve casinos in Texas, (2) the placement of slot machines at racetracks, and (3) gaming on the landsof three recognized Indian tribes in Texas. A casino would be authorized in a county only if that county's voters approve it at an election called by the county's commissioners court or mandated by a citizens' petition. Finally, the bill provides that a casino shall pay a tax of fifteen percent of the gross gaming revenue and that one - thirtieth of that revenue shall be allocated to the city in which the casino is located. (Companion bill is S.S.1O84 by Ellis.) HaBs `1726 (Chavezl — Property Tax. would modify' the Super -Freeport property tax exemption to clarify that the exemption is not available for goods stored at a warehouse that ism anyway owned. or controlled by the owner of the goods. (Companion bill is S.S. 947 by. Dunncan.) H.B. 1727 (W. Smith) - Fireworks: would provide that a city may not prohibit the transport of fireworks in unopened and original packaging in a'motor vehicle within the city limits. H B ,1747 (T Smith) — Public Information. this bill is identical to H.B.1634 (above), also by T Smith. HOB. 1751`(Leibowitz) Property Tax: would exempt from property takes the portion of a homestead or agricultural property that represents the value attributable to the installation of renewable energy devices, structures, or systems that were installed after October 1 2007. He Be1753 (Leibowitz) — Graffiti: would require a child who has been found to have engaged in a graffiti offense on multiple occasionsto perform not less than 100 hours of community service. ILB 1759 (Thompson) Mandatory Health Benefits would require the issuer of a health benefit plan, including a local government risk pool, to provide coverage for orally administered anticancer medication. H J R. 65 (Y. Davis) - Eminent Domain. would amend the Texas Constitution to provide that adequate compensation' for the taking of property that is a homestead or farm, if the taking makes relocation of the homestead or farm necessary, includes the cost of relocation from the condemned property to another property that allows the property owner to: (1) have a standard of living comparable to the property owner's standard of living immediately before the taking, if the property taken is a homestead; or (2) operate a comparable farm, if the property taken is a farm. H J R 67 (Creighton) —Property Tag: would amend the Texas Constitution to permit the commissioners court of Montgomery County to call acounty-wide election to 1ower the residential property tax appraisal cap for all taxing units in the county from ten percent to a percentage of not less than three percent. (Note: please see H.B.1546, above.) H.J.R. 68 (Rose)— Property Tag: would amend the Texas Constitution to permit the legislature to provide a $5,000 residential homestead property tax exemption for persons who have served as any of the following for at least one year: (1) volunteer firefighter, (2) volunteer EMS worker, or (3) foster parent. (Note: please see H.B.1585,`above.) H.J.R. 69 (P. King) — Property Tax. would amend the Texas Constitution to permit the legislature to provide a $60,000 residential homestead property tax exemption for active duty military personnel. (Note*`please see H.B.1661, above.) H J.R 70 (Mener►dez)''— Siof Machines/Casino Gaming: would amend the Texas constitution to, among other things, provide that all or part of the state's net revenue from the regulation and taxation of casino gaming and slot machines shall be used to fund transportation and to provide additional financial aid for higher education students. (Companion bill is S,J.R 31 by Ellis.) H.J.R. 72 (Leibowitz) — Property Tax: would amend the Texas Constitution to permit the legislature to exempt from property taxes certain renewable energy devices. (Note: please see H•B.1751, above.) S.B. 926 (Huffman) — Red Light Cameras: would prohibit a city from imposing a civil penalty on an emergency vehicle for running a red light that is monitored by a red light camera. (Companion bill is H.B. 998 by Fletcher). S.B. 927 (Huffman) — Electronic Voting Machines: would allow the attorney general, with the consent of the local county or district attorney, to investigate and prosecute the offense of tampering with an electronic voting machine. S.B. 935 (Seliger) -Municipal Judges: would authorize municipal. judges to perform wedding ceremonies. (Companion bill is H.B. 423 by01010 Quillen.) S.S. 938 (Carona) —Street Gams: would require: (1) certain gang members to register with the local law enforcement agency at least annually; (2) certain gang members who operate online businesses to register the business with the agency; and (3) a city police department to forward all registration information to the Texas Department of Public Safety. S.B. 942 (Wentworth) —Transportation Funding: would authorize several new local transportation irzfrastruciure funding options. Specifically, the bill would provide that: 1. Several transportation funding options would be available at the county level: a county gasoline and diesel fuel tax; a county motor vehicle sales; an additional county sales and use tax; a real estate transfer fee; an additional vehicle registration fee; a passenger motor vehicle sales tax; a fee on each new resident of the county; a nonresident commuter fee on nonresidents who commute into the county; a fee based on the number of miles traveled by a motor vehicle registered to a resident of [Iwo the county; a fee on each motor vehicle inspected in the county; and a high congestion area fee imposed during peak traffic times in designated areas. 2. A county may exercise a funding option under the bill if the commissioners court imposes the option or if the commissioners court calls an election and the imposition of the option is approved by a majority of the voters of the county. 3. The ballot must designate each funding option and specify the rate or amount of each funding option, the effective date of the imposition of each funding option, the manner in which each funding option will be administered, collected, and enforced, and must allow the voters to vote for or against each funding option separately. 4. The order calling the election may specify one or more county transportation projects or services to which revenue from a proposed funding option will be dedicated or, provide that a funding option will expire when the associated transportation project is completed. 5. A commissioners" court may: (1) abolish one or morefunding options previously imposed, (2) increase or decrease the rate or amount of one or more funding options previously imposed; (3) decrease the rate or amount of one or more funding options previously approved at an election, or (4) call an election on any of these options. 6. A commissioners court shall call an election under number 5(4), above, if the commissioners court receives a citizen petition. 7. A county shall use the money only for county transportation purposes. S.B. 947 (Duncan) - Property Tax: this bill is the same as H.B.1726 by Chavez, above. S.B. `951 (Shapleigh) = Property Tax: would: (1) permit the owner of certain historic property to receive a special property tax appraisal for ten years based on the property's historic status, (2) provide that the appraised value of such property shall be the market value minus the cost needed to rehabilitate the property; and (3) provide a rollback penalty for property that ceases to qualify for the reduced appraisal. S.B. 977 (Ellis) — Debt Collection: this bill is the same as H.B.1478 by Bohae, above. S.B. 978 (West) —Public Improvement Districts: this bill is a substantial re -write of the law governing municipal public improvement districts (PIDs). Among other changes, the bill would: (1) require a city to specifically designate the boundaries of a PID; (2) define the "qualified costs" that may be funded by PID assessments; (3) provide that a PID is not a `'separate body politic" from the city that created it; (4) permit entities other than cities and counties to create PIDs; (5) permit the city council to directly create a PID, rather than waiting for a petition of landowners as current law provides, (6) permit projects to be pursued outside the PID; (7) prohibit the narrowing of streets using PID assessment revenue, (8) provide that only publicly -owned streets may be beneficed using PID assessment revenue; (9) permit PID projects in the ETJ of a city, (10) permit light rail transit to be improved with PID assessment revenue; (11) expand the use of PID assessment revenue for parks to include open spaces and trails, (12) permit school facilities to be funded by PID assessment revenue, (13) allow cities more discretion in the methodology of levying assessments in a PID; (14) give ►�17 r property owners increased ability to petition into or out of a PID; (15) allow payment of assessments in installments, and (16) provide that PID assessments run with the land. ' S.B. 990 (Ellis) Rural Land Bank: would allow a rural city to be part of a land bank program to acquire land for low income affordable housing. S.B. 1003 (Deuel) Office of State -Federal Relations: this bill is the same as H.B. 1583, above. S.B. 1023 (Ogden) . Eminent Domain: would provide that: (1) a public or private entity that obtains through the use of eminent domain a property interest that is less than fee simple title must, with respect to the property owner from whom the interest is obtained, use the least intrusive means for achieving the purpose for which the interest is obtained; (2) the court in which the property interest was condemned has continuing jurisdiction over the condemning entity's use of the property interest condemned for the purpose of ensuring compliance of the entity with the bill's provisions; (3) a property owner from whom a property. interest subject to the bill was taken may petition the court in which the property interest was condemned at any time for injunctive relief to obtain compliance by the condemning entity; (4) a condemnation petition must state that the facts to be proven are that (a) the petitioner is authorized to condemn property for the purpose for which the property is sought; (b) the use for which the property is sought is a public use; (c) the property sought is necessary to accomplish that public use, and (d) with respect to the property owner, the petitioner will use the least intrusive means for achieving that public use; (5) in a condemnation proceeding subject to the bill, a property owner may submit evidence that a less intrusive means of achieving the purpose for which the condemning entity seeks the property interest exists; (6) if the property owner submits evidence under number 5, above, the condemning entity has the burden of proving that the means sought through the condemnation is less intrusive than the means proposed ,by the property owner; (7) if a condemning entity fails to prove any of the facts or meet the entity's burden under the bill, the court shall deny the condemnation and award to the property owner the owner's court costs and reasonable attorney's fees incurred in relation to the condemnation proceeding and (8) if the special commissioners award greater damages than the condemnor offered to pay before a condemnation proceedings began or if the decision of the commissioners is appealed and a court awards greater damages than the commissioners awarded, the condemnor shall pay all costs and the property owner's reasonable attorney's fees and expert witness fees. S.B. 1025 (Ooden) -Elections: would provide that for a non-federal office, the candidate that receives the highest number of votes must defeat the candidate with the second highest number of votes by one percent or more, or else the candidates are considered to have tied for the highest number of votes. S.B. 1041 (Patrick) — Sovereign Immunity: would lower from $100,000 to $10,000 the maximum amount for which an individual public servant, including a city official, may be liable for certain property damages. S.B.1045 (Gallegos) -Civil Service: this bill is the same as H.B. 15455 above. 21 S.B. 1068 (Wentworth) —Public Information: would allow a city to redact certain types of personal information under the Public Information Act without first requesting a decision from the attorney general. S.B. 1069 (Wentworth) — Search Warrants: would allow any magistrate to issue certain types of search warrants. X. 1078 (Carongi — Graffiti: would: (l) make it a state jail felony to make an alteration to railroad property, property of the U.S. Postal Service, a street sign, or an official traffic - control device; (2) allow a city to require the owner of property within the city limits to remove graffiti from the property within 30 days of receiving' notice from the city; and (3) aHow a city to remove the graffiti and charge the expenses of removal to the property owner either upon request of the property owner, or if the property owner fails to remove the graffiti within 30 days of receiving notification from the city. S.B. 1081 (Huffman) - Criminal History Record Informationwould entitle the attorney general to obtain from a law enforcement agency criminal history record information that relates to either an applicant for a position of employment with the office of attorney general or to a person who proposes to enter into a contract with the office of attorney general. S.B. 1084 (Ellis) - Casinos and Gaming: this bill is the same as H.B. 1724, above. S.S. 1087 (Shapleigh) —Graffiti:.. would:. (1) create a state jail felony offense for the burglary of a building to create graffiti, (2) require a county court, district court, or juvenile court to collect a juvenile prevention and graffiti eradication fee from an individual convicted of a graffiti offense in the amount of $50 to $500, depending on the amount of pecuniary loss resulting from the commission of the offense and the number of previous graffiti convictions; (3) allow a city to regulate the sale of aerosol paint by requiring identification and logging by businesses of each sale of aerosol paint; (4) allow a city to require a surcharge not to exceed one dollar on each sale of aerosol paint to be used for graffiti abatement; (4) allow a city to require the owner of property within the city limits to remove graffiti from the property within seven days of receiving notice from the city, and (5) allow a city to remove the graffiti and charge the expenses of removal to the property owner if the property owner fails to remove the graffiti within seven days of receiving notification from the city. or S.B. 1090 (Deuell) — Construction Manager -Agents: this bill is the same as H.B. 1606, above. S.B. 1101 (Watson) — Motor Fuels Tax: would exempt gas and diesel sold to volunteer fire departments from motor fuels taxes. S.B. 1102 (Watson) — Energy Security Technology: would provide that: (1) when constructing or extensively renovating a critical governmental facility (such as a command and control center, shelter, jail, or police or fire station), the entity with charge and control of the facility shall evaluate whether it is cost -beneficial to equip the facility with a combined heating and power system (i.e., a system that can provide all the electricity needed to power the facility's critical emergency operations for at least fourteen days); and (2) provide that 22 the entity may equip the facility with a combined heating and power system if the expected energy savings exceed the expected costs. ' S.B. 1110 (Jackson) —Alternative Procurement Methods: would: (1) prohibit the use of a reverse auction procedure for a public works contract for which a performance or payment bond is required; (2) consolidate the provisions of current law relating to alternative delivery systems for construction projects (e.g., competitive sealed proposals, construction manager - agent, construction manager at -risk, design -build, and job order contracting) by most governmental entities, including cities; (3) provide procedures and criteria for a governmental entity to use when selecting a construction contractor using a method other than competitive bidding; (4) authorize the use of any alternative delivery method, except design -build, for any improvement to real property; (5) for a city under 100,000 population, limit the use of design -build to buildings and associated structures; (6) for a city over 100,000 population, authorize the use of design -build for a limited number of civil works projects (such as roads, bridges, and utilities) in any fiscal year, based on population; (7) for a city over 100,000 that chooses to use the design -build method for acivil works project, provide that the city shall assume all risks associated with the project; (8) for a city over 100,000 that chooses to use the design -build method for a civil works`.project, `provide that the city may offer a stipend of one-half of one percent to an unsuccessful offeror to offset the offeror's costs in preparing its proposal; (9) for a city over 100,000 that chooses to use the design�build method for a civil works project, provide that if the city does not pay a stipend to an unsuccessful offeror, the governmental entity may not use or disclose in any way the work product contained in the offer; (10) if a change order for a public works contract in a city with a population of 500,000 or more involves a decrease or an increase of $100,000 or less, or a lesser amount as provided by ordinance, the governing body may grant general authority to an administrative ,official to approve the change order; (11) allow the use of alternative procurement methods for a project financed with certificates of obligation; (12) for a project financed by certificates of obligation, impose certain limits on change orders; and (13) expressly provide that certain entities may not use the alternative procurement methods in the bill. S.B. 1117 (Nicholsi — Property Tax: would extend the appraisal arbitration process to tangible personal property value appeals. S.B. 1120 (West) —Racial Profiling: would: (1) provide that if a law enforcement agency intentionally fails to submit a required racial profiling report, the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) shall initiate disciplinary action against that agency's chief administrator; (2) expand the required contents of a peace officer's report on a vehicle search; (3) require that the annual compilation of the vehicle search reports shall be submitted to TCLEOSE; (4) retain the current4aw exemption fiom these reporting requirements for any agency in which vehicles are equipped with video cameras; (5) impose a new 15�cent court fee on any person convicted in municipal court of a moving violation; (6) allow a municipal court to retain ten percent of that fee revenue; and (7) require that the remaining fee revenue be remitted to the state for placement in the "Civil Justice Data Repository" for use by TCLEOSE. S.J.R. 26 (Wentworth) —Transportation Funding: would amend the Texas Constitution to provide that the legislature may: (1) authorize a county to enact a local tax on the sale of 23 r gasoline and diesel fuel in the county, to impose an additional vehicle registration fee on a vehicle registered in the county, and to prescribe the types of transportation projects for which the revenue may be used; and (2) authorize an additional annual ad valorem tax not to exceed 15 cents per hundred dollars valuation to be levied and collected for transportation projects, provided that a majority of the qualified voters of the county approve the tax at an election. S.J.R. 31 (Ellis) — Slot MachinesiCasmo Gamine: this joint resolution is the same as H.J1i. 7070, 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 contnct the TML legislative Services Depnrtmenf 1821 Rutherford lane, Suite 400, Austin, Texas 76754.5128 512.231-7400, Fax 512-231-7490 www.tml.org