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04/07/2008-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, APRIL 7, 2008 7:00 P.M. 201 BOLIVAR i. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. CONSENT AGENDA 3. a) Approve Minutes March 177 2008 -Work Session March 17, 2008 - City Council b) Disbursements c) Approve Removal of a Member from the 4B Board. d) Approve Final Payment and Acceptance for the Completion of Indian Springs CIP Phase I e) Approve Award of the Construction Contract for the Marion Water Line Improvements to 112M Utilities Contractors f) Approve Award of the Construction Contract for the Sanger Streetscape Improvements to Reliable Paving Inc. g) Approve 4B Board Expenditure for Ballpark Improvements h) Reject all Bids Received for the Presbyterian Church Renovation Project i) Approve Second Amendment to Inducement and Development Agreement Between the City of Sanger and Wal-Mart Store East, Inc. Regarding Funding for Improvements to Lois Road. 4. Consider any Items Removed from Consent Agenda. 5. Conduct Second Public Hearing on Re -Adopting and Continuing Curfew Ordinance #03-07- 08. 6. Consider and Possible Action on Re -Adopting and Continuing Curfew Ordinance 4403-07-08. 7. Consider and Possible Action on Ordinance #04-08-08 -Making it Unlawful for Certain Sex Offenders to Reside Within 2000 Feet of Premises Where Children Gather. 8. Conduct Public Hearing on Ordinance #04-09-0$ -Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Pharmacy and Medical Equipment Sales and Distribution on Property Legally Described as Utility Park, Block 1, Lot 3. Property is Located at 808 Utility Road. 9. Consider and Possible Action on Ordinance 1t;04-09-08 - Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Pharmacy and Medical Equipment Sales and Distribution on Property Legally Described as Utility Park, Block 1, Lot 3. Property is Located at 808 Utility Road. 10. Conduct Public Hearing on Ordinance #04-10-08 -Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Retail Sales in an Industrial 1 (14) Zoning District on Property Legally Described as Pate Addition Lot 3. Property is Located at 708 8`h Street, 11. Consider and Possible Action on Ordinance #04-10-08 -Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Retail Sales in an Industrial 1 (I4) Zoning District on Property Legally Described as Pate Addition Lot 3. Property is Located at 708 8th Street. 12. Conduct Public Hearing on a Replat of Lot 1, Block A, Gaffke Replat Being a Replat of Lots 1-8, Block 1, Lots 14, Original Town Site of Sanger. 13. Consider and Possible Action Regarding a Replat of Lot 1, Block A, Gaffke Replat Being a Replat of Lots 14, Block 1, Lots 1-7, Original Town Site of Sanger. 14. Information Items: a) Monthly Financial Statement as of March 31, 2008 b) New City Hall Expense Summary c} Resignation Letter from 4B Board Member d) Letter from Citizen Regarding Recycling e) Notice of Rate Change Request from Brazos Electric Power Cooperative, Inc. f) Legislative Update 15. 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 theleneral ppu�lie at all times, and said Notice was posted on the following date and time: i CC1 )V"1 at / 30 in. and shall remain posted until adjourned. \ /" � / • .-051�;a5.'a4ildiiiPC?��,�7.0 Rosalie Chavez, City Seery `& 0 e City of Sanger, Texaso� This notice was removed from the offi is! bulletin board on c� at CO by This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: City Council Workshop Meeting March 17, 2008 PRESENT: Councilman Glenn Ervin (Mayor Pro-Tem), Councilman Robert Patton Councilman Andy Garza, Councilman Thomas Muir MEMBERS ABSENT: Mayor Joe Higgs, Councilman Mike Walker OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, 1. Call Meeting to Order. Mayor Pro-Tem called meeting to order. 2. Discussion on Increasing the Atmos Franchise Fee. City Manager advised that the franchise fee is part of the agreement that was signed with Atmos allowing us to raise the fee from 3% to 5%. This is a direct cost to the consumer and will raise the gas bill by 2%. The estimated revenue it will generate is around $26,000, Councilman Garza expressed a concern in raising the fee. There will be additional increases coming up in electric fees and emphasized these are tough times for people. Mayor Pro-Tem asked if this does not get approved, does Atmos have the option of raising the fee on their own. City Manager advised that Atmos can't raise the fee since this is a City option. Councilman Muir discussed how the Atmos increase is allocated and expressed concerns about the reserve that the City has to try to have as recommended by the city auditor. Discussion on other franchise fees and the reserve for the General Fund. This increase is based on usage and the impact on the customer. 3. Discussion on Raising Current Utility Deposits and Reconnect Fees. City Manager indicated he was still trying to work on the fees regarding building construction and he will get back to Council on those changes at another workshop. He proceeded with the discussion concerning Business Related Fees. Section 3.6 (Hearing Fee Regarding Unsafe Buildings or Premises) had a paragraph regarding unsafe buildings that was in conflict with state statute and it was taken out. Section 3.7 was taken out since it is referenced in another section. Section 3.11 (Fees of Itinerant Merchant, Peddlers and Vendors) was changed to permit fee of $250.00 for the year and for each additional person it is $25.00. They must also show proof of a sales tax permit before the City issues the permit. Section 3.12 (Private Refuse Haulers) was taken out since the City has an inclusive contract with IESI for services. Section 3.15 (Alcoholic Beverages) was clarified. Article 4.000 (Utility Related Fees) Section 4.101 (Reconnection Fees) was changed to reflect the charge of $30.00 for each. Section 4.103 (b) After Hour Utility Service Fee will have a change to reflect $50.00 for water and $50.00 for electric and the time was moved to 4:00 p.m. In Section 4.201(SpecialTrash Collection} was deleted. Section 4.202 (Collection Fees) was changed to reflect actual cost plus $2.00 administrative fee. This will keep us from changing the ordinance every time IESI raises their fees. Section 4.203 (Waste from Tree/Shrub Trimming) is deleted in lieu of the $2.00 fee for limb pick up that is being charged. Section 4.204 (Fee for Removal of Illegally Dumped Refuse on Private Property) language was added "over and above the actual cost of removal." In the same paragraph "City Manager" to be changed to "Code Enforcement." In Section 4.301(Residential Water Service Connections) City Manager referenced the problems concerning the water meters and how they are damaged during construction. When a new meter is set in the construction of a home the meter gets run over, gets full of dirt, gets broken and the City can't get the builder's attention to the problem. The proposal is to add a $200.00 deposit in case of damage to the meter during construction and is refundable if the meter is not damaged. The cost of the meter is about $125.00, the box is $40.00 and the sender is about $90.00. Council discussed that the fee should be set to where it covers all the City cost including the employees. The deposit was set at $500.00 and the connect fees were changed to reflect $30.00. In the same Section item (d) was deleted. Section 4.303 (Commercial Water Service Connections) (b) 2"d paragraph "charge for meter, box and connections" to reflect actual cost plus $500.00. City Manager advised he will research this to see if it needs to be a larger amount. Section 4.306 (Water Service Rates) under (c) multifamily dwellings occupied was marked out to reflect total units. Discussion concerning having a commercial rate. The size of the meter should determine the charge. Councilman Ervin asked City Manager to contact the City of Denton on how they have this set up. Discussion continued on the method of billing that is currently used. The discussion included the revenues generated from the multi -units. Possible multipliers in the water meters. Item (6) is added to allow a charge for customers who have sewer service and don't have water service to reflect a $35.00 maximum charge. Section 4.308 (Water and Sewer Deposit) a new item was added to reflect a multiple property residential deposit. The current ordinance does not allow a deposit and with this change a deposit will be charged of $100.00 to both multiple property residential owners and single family residential. Large volume user will have a deposit of $200.00 with the commercial deposit of $100.00. Councilman Muir asked if "large volume user" can be defined. Section 4.309 was deleted. Section 4.401 (Electric Deposits) a jr on residential and on the multiple properties is to be charged. At the end of this paragraph a definition is added to reference a temporary service as 30 day maximum for remodeling purposes. Section 4.402 (Electric Service Connection) (1) reflects a change from $20.00 to $30.00 (2) is deleted (4) service fee to reflect $30.00 charge (6) change wording to a 3-phase service installation fee of $90.00. Discussed that on Item 4 the fee should not be charged regarding a trouble call. Section 4.408 and 4.410, 4.412 are obsolete and will be deleted. City Manager discussed Section 4.411 he is trying to get some information on ways to simplify the calculations. There will be a request for proposals sometime this year concerning a rate study. This does not necessarily mean to raise rates. Article 5.000 (Municipal Court Fees, Section 5.10) (a) warrant fee change to reflect $MUM Article 6.000 (Miscellaneous Fees) Section 6.100 (Returned Check) fee raised to $50.00. City Manager advised that in Section 7.100 (Park Usage Fees) (3) the $15.00 fee for lights is questionable and he will get some more information to make sure this fee is adequate. City Manager indicated he will make sure he gets the research that Council had requested and will get the building construction fees finished. After this is completed there will be another scheduled meeting. 4. Questions from the Council. None 5. Overview of Items on Regular Agenda. Councilman Muir inquired that in the disbursements there was a big expense item for $10,008.00 in the Police Department and asked for clarification. City Manager advised the expense is for the video cameras that will be installed in the two new police cars. Councilman Muir also inquired on the payment of $15,966.45 for a lease payment in the Waste Water Collections, City Manager advised this is an annual payment. 6. Adjournment. Mayor Pro-Tem Ervin adjourned the workshop. MINUTES: City Council Meeting March 17, 2008 PRESENT: Councilman Glenn Ervin (Mayor Pro-Tem), Councilman Robert Patton Councilman Andy Garza, Councilman Thomas Muir MEMBERS ABSENT: Mayor Joe Higgs, Councilman Mike Walker OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Robert Doss and Tim McBride with O'Reilly 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Pro-Tem called meeting to order, Councilman Muir led invocation which was followed by Councilman Patton leading the Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. None CONSENT AGENDA 3. a) Approve Minutes February 25, 2008 -Special Called Meeting March 3, 2008 - Work Session March 3, 2008 - City Council b) Disbursements c) Approve an Agreement Between the City of Sanger and Allied Work Partners for Employee Assistance Services and Authorize the City Manager to Sign the Agreement d) Approve Appointment of Members to Board of Adjustment and Planning and Zoning e) Approve Resolution #R03-08-08 -County of Denton vs. Jasper Haley, Cause #2004-0635-367 -Delinquent Taxes f) Approve Contract for Economic Development Services Between City of Sanger and Cecile Carson g) Approve Road Improvement Interlocal Cooperation Agreement Between Denton County, Texas and the City of Sanger h) Approve Interlocal Agreement with Denton County for Rental of Voting Machines, Equipment and the Purchase of Voting Supplies Councilman Muir made a correction to the minutes as follows: City Council Meeting, February 25, 2008 page 4, 8t' paragraph to correct the word GL Thermo to GEO Thermal. Motion made by Councilman Muir to approve all the minutes with the one correction as noted. Councilman Garza. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None 5. Conduct Public Hearing on Re -Adopting and Continuing Curfew Ordinance #03-07-08. Mayor Pro Tem declared public hearing opened. City Manager advised this is a general requirement to be in compliance. Mayor Pro Tem declared public hearing closed. 6. Consider and Possible Action to Approve Re -Adopting and Continuing Curfew Ordinance #03-07-08. Councilman Muir inquired on the wording of the ordinance which has the definitions; however, the ordinance does not contain a statement of what the rule is. Council expressed a concern that the rule is not specified. The statement should read the curfew hours apply to minors. City Manager asked that this item be tabled to the next meeting. Councilman Patton made the motion to table until the next council meeting. Seconded by Councilman Muir. Motion carried unanimously. 7. Consider and Possible Action on Resolution #1103-09-08 -Setting Date, Time and Place for Public Hearings on Proposed Annexations. City Manager advised the updated list included two additional properties owned by the City. Councilman Garza asked if these were all voluntary annexations. City Manager indicated the properties are not all voluntary annexations. The only two voluntary annexations would be the City properties. Motion was made by Councilman Muir to approve Resolution #R03-09-08 setting date, time and place for annexations. Seconded by Councilman Patton. Motion carried unanimously. 8. Consider and Possible Action Regarding a Sign Variance on Property Legally Described as Abstract 1241, Tract 54, Being 0.619 Acres. Property is Located at 1501 Chapman Drive (O'Reilly Auto Parts). City Manager addressed Council concerning O'Reilly's variance request for the proposed signage. The request is for one pole sign and two name plates that exceed the size limitations set by ordinance. Discussion regarding the City's sign ordinance. Councilman Muir expressed as the development gets away from that major commercial intersection everything needs to be lower and less intense. Councilman Patton made the motion to approve sign variance request for O'Reilly's (O'Reilly Auto Parts). Seconded by Councilman Garza. Motion carried unanimously. 9. Information Items: a) City of Sanger Investment Report b) Monthly Financial Statement as of February 29, 2008 c) Library Monthly Report 10. Adjournment. Mayor Pro-Tem declared meeting adjourned. 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 10 MAYOR & CITY COUNCIL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VEiN�JR NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60986 001-10-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 5.99 99-01920 NICHOLS, JACKSON, DILLA I-20800250 001-10-5420 CONTRACTUAL S LEGAL SERVICE 000000 277.50 99-08770 CPI OFFICE PRODUCTS I-1952414-0 001-10-5210 OFFICE SUPPLI COPY PAPER 000000 15.11 99-16110 ABERNATHY,ROEDER,BOYD & I-15 001-10-5420 CONTRACTUAL S LEGAL SERVICE-ABERNATHY 000000 14.05 DEPARTMENT 10 MAYOR & CITY COUNCIL TOTAL: 312.65 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VLI.�jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 001-15-5245 JANITORIAL SU ALL DEPARTMENTS 000000 14.13 I-215748 001-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 9.90 99-02200 ROADRUNNER TRAFFIC SUPP I-34085 001-15-5310 R & M BUILDIN EMPLOYEE PARKING ONLY 000000 42.75 99-08210 KV]IK KAR I-1503642 99-15240 JERRY'S AUTO I-200803260680 001-15-5325 R & M VEHICLE VEHICLE INSPECTION 02-15 000000 19.88 001-15-5325 R & M VEHICLE OPEN PO WEEK 3/3-3/14 000000 2.00 DEPARTMENT 15 ADMINISTRATION TOTAL: 88.66 ------------ 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 ENGINEERING BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V:. R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60885 001-18-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 16.80 I-60986 001-18-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 5.99 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 001-18-5245 JANITORIAL SU ALL DEPARTMENTS 000000 14.13 I-215748 001-18-5245 JANITORIAL SU CLEANING SUPPLIES 000000 9.90 99-04300 NCTCOG I-57669 99-08770 CPI OFFICE PRODUCTS I-1941001-0 I-1952414-0 001-18-5920 CONTRACTUAL S AERIAL PHOTOS 001-18-5210 OFFICE SUPPLI FAX TONER 001-18-5210 OFFICE SUPPLI COPY PAPER 000000 1,466.34 000000 7.88 000000 15.11 DEPARTMENT 18 ENGINEERING TOTAL: 1,536.15 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BANK: S1399 BUDGET TO USE: CB -CURRENT BUDGET VL•._jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-200803240670 001-20-5420 CONTRACTUAL S ICE MACHINE RENTAL 000000 100.00 99-00710 DATA BUSINESS FORMS INC I-60885 001-20-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 33.60 I-60986 001-20-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 11.97 99-01310 LUTTRULL MCNATT, INC. I-511824 001-20-5325 R & M MOTOR V WINDOW MOTOR UNIT 03-20 000000 196.10 99-01380 KARL-KLEMENT FORD, INC. I-175102/174878/4608 001-20-5325 R & M MOTOR V EHAUST HANGERS SQUAD CARS 000000 34.92 I-176004 001-20-5325 R & M MOTOR V WIPER MOTOR UNIT 11-20 000000 194.72 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 001-20-5245 JANITORIAL SU ALL DEPARTMENTS 000000 28.26 I-215748 001-20-5245 JANITORIAL SU CLEANING SUPPLIES 000000 19.80 99-04930 KAUFFMAN TIRE, CORP. I-538090 001-20-5325 R & M MOTOR V P225/60R16 PURSUIT TIRES 000000 596.00 99-08760 GT DISTRIBUTORS INC I-200803190659 001-20-5260 SAFETY EQUIPM PRISONER CAR CAGES 000000 817.02 I-200803190659 001-20-5260 SAFETY EQUIPM LOV7ER CAGE EXT. PLATES 000000 128.08 99-08770 CPI OFFICE PRODUCTS I-1952414-0 001-20-5210 OFFICE SUPPLI COPY PAPER 000000 30.21 99-11170 RICOH, INC. I-902290117 001-20-5420 CONTRACTUAL S COPY MACHINE CONTRACT 000000 257.43 99-11570 CULLIGAN I-200803250673 001-20-5420 CONTRACTUAL S WATER BOTTLE RENTAL SERV 000000 10.08 99-14560 C & G WHOLESALE I-27889 001-20-5255 WEARING APPAR BULLET PROOF VEST 000000 609.49 99-15240 JERRY'S AUTO I-200803190661 001-20-5325 R & M MOTOR V MISC REPAIR ITEMS 000000 25.55 I-200803260680 001-20-5325 R & M MOTOR V OPEN PO WEEK 3/3-3/14 000000 34.21 I-200803260681 001-20-5325 R & M MOTOR V OPEN PO WEEK 3/17-3/21 000000 182.03 99-17190 TOMAR ELECTRONICS I-91648 001-20-5260 SAFETY EQUIPM LED LIGHT BAR KIT/SIREN 000000 4,180.00 I-91648 001-20-5260 SAFETY EQUIPM freight 000000 0.08 DEPARTMENT 20 POLICE TOTAL: 7,489.55 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V. ;R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01380 KARL-KLEMENT FORD, INC. I-175102/174878/4608 001-22-5325 R & M MOTOR V DRAG LINK & TIRE ROD ASSB 000000 218.74 99-03560 BRISCOE ALIGNMENT & TIR I-0011362 001-22-5325 R & M MOTOR V WHEEL ALIGNMENT UNIT 46-2 000000 63.95 DEPARTMENT 22 ANIMAL CONTROL TOTAL: 282.69 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE,_jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60885 001-24-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 33.60 I-60986 001-24-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 11.97 99-03720 DFW COMMUNICATIONS, INC I-.0803042 I-.0803042 I-.0803042 I-.0803042 I-.0803042 99-08770 CPI OFFICE PRODUCTS I-1941001-0 I-1941676-0 I-1941676-0 I-1941676-0 I-1941676-0 I-1952414-0 99-08880 COOPER'S COPIES I-79037 99 "1470 MARTIN APPARATUS I-3002793 &3002696 99-11100 WORKING FIRE 99-15240 JERRY'S AUTO I-200803290665 I-200803240665 I-200803260680 99-16480 STATE FIREMANS � FIRE M I-200803290666 001-24-5220 POSTAGE SHIPPING 000000 21.30 001-24-5525 PAGERS 5 MONITORS 000000 1,795.00 001-24-5525 PAGERS 5 4 YEAR WARRANTY 000000 70.00 001-24-5525 PAGERS 1 PROGRAM NETWORK 000000 45.00 001-24-5525 PAGERS 1 CRADLE 000000 220.00 001-24-5210 OFFICE SUPPLI FAX TONER 000000 15.73 001-24-5210 OFFICE SUPPLI INK CATRIDGES 5 51BK 000000 108.85 001-24-5210 OFFICE SUPPLI INK CATRIDGES 51 Y 000000 23.34 001-24-5210 OFFICE SUPPLI INK CATRIDGES 51 L 000000 23.34 001-24-5210 OFFICE SUPPLI INK CATRIDGES 51 M 000000 23.34 001-24-5210 OFFICE SUPPLI COPY PAPER 000000 30.21 001-24-5325 R & M MOTOR V VEHICLE GRAPHICS UNIT 671 000000 36.00 001-24-5325 R & M MOTOR V PUMP REPAIR UNIT E671-24 000000 3,284.90 001-24-5220 POSTAGE lYR SUBSCRIPTTION 000000 60.00 001-24-5235 DUES & REGIST lYR SUBSCRIPTTION 000000 300.00 001-24-5325 R & M MOTOR V OPEN PO 4IEEK 3/3-3/14 000000 47.89 001-24-5235 DUES & REGIST DUES FOR 2008 000000 495.00 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 6,695.97 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vh,_JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00390 BILL UTTER FORD, INC. I-25640 001-25-5325 R & M MOTOR V FUEL VALVE UNIT M671-25 000000 41.49 99-00420 BOUND TREE MEDICAL, LLC I-80076630 001-25-5440 MEDICAL SERVI DOPAMINE 000000 91.60 99-00710 DATA BUSINESS FORMS INC I-60986 001-25-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 11.97 99-05600 MOTRE MEDICAL CORP. I-80786062EI 001-25-5440 MEDICAL SERVI MEDICAL SUPPPLIES 000000 914.29 99-12930 CLIA LABORATORY PROGRAM I-200803240664 001-25-5235 DUES & REGIST DUES 000000 150.00 99-14350 AD VISION I-6148 001-25-5255 WEARING APPAR PARAMEDIC DUTY SHIRTS 000000 750.00 I-6148 001-25-5255 WEARING APPAR PARAMEDIC DUTY SHIRTS 000000 0.23 99-15240 JERRY'S AUTO I-200803190661 001-25-5325 R & M MOTOR V MISC REPAIR ITEMS 000000 361.32 99 '`240 SCHAD & PULTE I-170781 001-25-5440 MEDICAL SERVI LARGE OXYGEN CYLINDER 000000 13,00 99-17060 LEAD 11 EXCELLENCE I-03082008E 001-25-5235 DUES & REGIST DUES/TRAINNING 000000 432.00 DEPARTMENT 25 AMBULANCE TOTAL: 21765.90 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vi JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60885 001-26-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 33.60 I-60986 001-26-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 23.94 99-02170 REINERT PAPER & CHEMICA I-215189/213861/2144 001-26-5245 BLD.& JANITOR ALL DEPARTMENTS 000000 28.26 I-215748 001-26-5245 BLD.& JANITOR CLEANING SUPPLIES 000000 19.80 99-03710 DENTON CO SHERIFF'S DEP I-200803190658 001-26-5379 JAIL FEES LAYOUT FEES- D. HAULER 000000 40.00 I-200803190658 001-26-5379 JAIL FEES LAYOUT FEES- J BLEDSOE 000000 60.00 I-200803190658 001-26-5379 JAIL FEES LAYOUT FEES- E. GONZALES 000000 80.00 99-08770 CPI OFFICE PRODUCTS I-1954367-0 001-26-5210 99-09050 KENNETH HARTLESS I-200803250674 001-26-5420 99-10230 HAYES, BERRY, WHITE & I-200803130626 001-26-5425 OFFICE SUPPLI COPY PAPER CONTRACTUAL S JUDGE FEES LEGAL SERVICE COURT PROSECUTOR 000000 185.35 000000 2,100.00 000000 1,728.98 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 4,299.93 ----------------------------------------------------------------------------------------------------------------------------------- 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 27 CUSTODIAL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vt. jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT -------------- ---------------------------------------------------------------------------------- ------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------ 99-09690 DESIGNS ETC. I-807158 001-27-5255 WEARING APPAR WORK SHIRTS 000000 80.00 DEPARTMENT 27 CUSTODIAL TOTAL: B0.00 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 ENFORCEMENT/INSPECTION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL....JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK11 AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60986 001-28-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 11.97 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 001-28-5245 JANITORIAL SU ALL DEPARTMENTS 000000 28.26 I-215748 001-28-5245 JANITORIAL SU CLEANING SUPPLIES 000000 19.80 99-08770 CPI OFFICE PRODUCTS I-1941001-0 001-28-5210 OFFICE SUPPLI FAX TONER 000000 15.75 I-1952414-0 001-28-5210 OFFICE SUPPLI COPY PAPER 000000 30.22 99-18750 BUILDERS BOOK, INC. BOO I-141591 001-28-5210 OFFICE SUPPLI PLAN REVIEW MANUALS 000000 47.93 I-141591 001-28-5210 OFFICE SUPPLI 2006 IBC COMPANION 000000 53.96 I-141591 001-28-5210 OFFICE SUPPLI SHIPPING 000000 9.95 DEPARTMENT 28 ENFORCEMENT/INSPECTION TOTAL: 217,89 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Ve, jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00050 CONLEY SAND & GRAVEL I-8078 001-30-5370 STREETS FLEX BASE 000000 850.00 I-8078 001-30-5370 STREETS 3/8 BASE 000000 375.00 99-00690 COMMERCIAL SERVICES I-200803240670 001-30-5420 99-00710 DATA BUSINESS FORMS INC I-60885 001-30-5210 I-60986 001-30-5210 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 001-30-5245 I-215748 001-30-5245 99-08770 CPI OFFICE PRODUCTS I-1952414-0 99-08880 COOPER'S COPIES I-78825 99-15220 RGR REDI-MIX, LP I-200803140630 99-15240 JERRY'S AUTO I-200803190661 I-200803260680 I-200803260681 CONTRACTUAL S ICE MACHINE RENTAL 000000 50.00 OFFICE SUPPLI REQ REQUEST BOOKS 000000 67.20 OFFICE SUPPLI WINDOW ENVELOPES 000000 11.97 JANITORIAL SU ALL DEPARTMENTS 000000 28.26 JANITORIAL SU CLEANING SUPPLIES 000000 19.79 001-30-5210 OFFICE SUPPLI COPY PAPER 000000 30.21 001-30-5325 R & M MOTOR V VEHICLE GRAPHICS 000000 47.97 001-30-5370 STREETS CONCRETE 000000 776.50 001-30-5325 R & M MOTOR V MISC REPAIR ITEMS 000000 11.25 001-30-5325 R & M MOTOR V OPEN PO WEEK 3/3-3/14 000000 17.56 001-30-5325 R & M MOTOR V OPEN PO WEEK 3/17-3/21 000000 39.57 99-18630 STAPLES, INC. I-8009168049 001-30-5210 OFFICE SUPPLI PRINTER DEPARTMENT 30 STREETS 000000 TOTAL: 149.98 2,475.26 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL....JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00650 CONTINENTAL RESEARCH CO I-289077-CRC-1 001-32-5375 MINOR EQUIPME TRIPLE PLAY/ACTION/FIX 000000 620.00 I-289077-CRC-1 001-32-5375 MINOR EQUIPME TRIPLE PLAY/ACTION/FIX 000000 348.00 I-289077-CRC-1 001-32-5375 MINOR EQUIPME TRIPLE PLAY/ACTION/FIX 000000 316.00 I-2B9077-CRC-1 001-32-5375 MINOR EQUIPME SHIPPING 000000 66.69 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 001-32-5245 JANITORIAL SU ALL DEPARTMENTS 000000 28.21 I-215748 001-32-5245 JANITORIAL SU CLEANING SUPPLIES 000000 19.79 99-03440 VERMEER EQUIP. OF TEXAS I-200803190662 001-32-5325 R & M MOTOR V HYDROLIC DRIVE MOTOR 000000 595.43 99-08880 COOPER'S COPIES I-78825 001-32-5325 R & M MOTOR V VEHICLE GRAPHICS 000000 47.97 99-15240 JERRY'S AUTO I-200803190661 001-32-5325 R & M MOTOR V MISC. REPAIR PARTS 000000 15.95 I-200803260680 001-32-5325 R & M MOTOR V OPEN PO WEEK 3/3-3/14 000000 10.18 I-200803260681 001-32-5325 R & M MOTOR V OPEN PO WEEK 3/17-3/21 000000 6.50 99-18690 LIBERTY FLAGS, INC. I-02080548 001-32-5333 FLAGS EAGLE FLAG POLES ORNAMENT 000000 47.00 I-02080548 001-32-5333 FLAGS SHIPPING 000000 10.95 99-18770 SPORT SUPPLY GROUP, INC I-92617380 001-32-5343 BALL FIELD MA BASE BALL PLUGS 000000 91.96 I-92617380 001-32-5343 BALL FIELD MA shipping charge 000000 15.63 99-18810 MILLER & MILLER PLUMBIN I-62660 001-32-5343 BALL FIELD MA WORK AT RAILROAD BALLPARK 000000 3,493.51 DEPARTMENT 32 PARKS TOTAL: 51733.77 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 34 POOL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V� JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-10980 AQUA-REC, INC. I-19210 &19146 001-34-5223 CHEMICAL SUPP 55LB CALCIUM HYPCHLORITE 000000 907.50 DEPARTMENT 34 POOL TOTAL: 907.50 ----------------------------------------------------------------- 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 VEHICLE MAINTENANCE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vc. jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60885 001-36-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 16.80 I-60986 001-36-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 5.99 99-08880 COOPER'S COPIES I-78825 001-36-5325 R & M MOTOR V VEHICLE GRAPHICS 000000 24.00 99-09040 J RANDY THOMPSON I-200803190660 001-36-5375 MINOR EQUIPME WOBBLE SOCKET/TRAILER CON 000000 64.90 99-10700 DCT I-288928-CRC-1 001-36-5245 MECHANIC SHOP EAR PLUGS & SAFETY GLASS 000000 71.33 99-13880 ENVIRONMENTAL SYSTEMS P I-10555521 001-36-6010 COMPUTER EQUI INSPECTION COMPUTER REPAI 000000 811.10 99-15240 JERRY'S AUTO I-200803190661 001-36-5325 R & M MOTOR V MISC REPAIR ITEMS 000000 2.21 DEPARTMENT 36 VEHICLE MAINTENANCE TOTAL: 996.33 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V� JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC 1-60885 001-42-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 33.60 I-60986 001-42-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 11.97 99-02170 REINERT PAPER & CHEMICA I-215142 001-42-5265 CLEANING SUPP CLEANING SUPPLIES 000000 66.87 99-08610 MICHAEL FREDERICK I-810492 001-42-6050 BOOKS BLUE RIVER BOOK 000000 20.00 DEPARTMENT 42 LIBRARY TOTAL: 132.44 ------------------------------------------------------------------------------------------------------------------------- 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 44 COMMUNITY CENTER BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL•iNuOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-200803240670 001-44-5420 CONTRACTUAL S ICE MACHINE RENTAL 000000 100.00 99-02170 REINERT PAPER & CHEMICA I-215184/213B61/2144 001-44-5327 R & M OTHER ALL DEPARTMENTS I-215748 001-44-5327 R & M OTHER CLEANING SUPPLIES DEPARTMENT 44 COMMUNITY CENTER 000000 28.26 000000 19.79 TOTAL: 148.05 ------------------------ 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 46 ECONOMIC DEVELOPMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VL..�JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60986 001-46-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 11.97 99-18880 MARCOA PUBLISHING DALLA I-56094 001-46-5230 ADVERTISING DALLAS ECO, DEV. DIRECTOR 000000 3,525.00 DEPARTMENT 46 ECONOMIC DEVELOPMENT TOTAL: 3,536.97 VENDOR SET 001 GENERAL FUND TOTAL: 37,649.16 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 10 Mayor and City Council BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VEcvvOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60986 008-10-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 5.98 99-01920 NICHOLS, JACKSON, DILLA I-20800250 008-10-5420 CONTRACTUAL S LEGAL SERVICE-NICHOLS,DIL 000000 277.50 99-08770 CPI OFFICE PRODUCTS I-1952414-0 008-10-5210 OFFICE SUPPLI COPY PAPER 000000 15.11 99-16110 ABERNATHY,ROEDER,BOYD & I-15 008-10-5420 CONTRACTUAL S LEGAL SERVICE-ABERNATHY 000000 14.05 DEPARTMENT 10 Mayor and City Council TOTAL: 312.64 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 01377 COUNCIL PACKET 4/7/O8 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 Administration BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VtL,JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 008-15-5245 JANITORIAL SU ALL DEPARTMENTS 000000 14.13 I-215748 008-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 9.90 99-02200 ROADRUNNER TRAFFIC SUPP I-34085 008-15-5310 R & M BUILDIN EMPLOYEE PARKING ONLY 000000 42.75 99-08210 KWIK KAR I-1503642 008-15-5325 R & M VEHICLE VEHICLE INSPECTION 02-15 000000 19.87 99-15240 JERRY'S AUTO I-200803260680 008-15-5325 R & M VEHICLE OPEN PO WEEK 3/3-3/14 000000 2.00 DEPARTMENT 15 Administration TOTAL: 88.65 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 20 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 ENGINEERING BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V_, JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60885 008-18-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 16.80 I-60986 008-18-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 5.98 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 008-18-5245 JANITORIAL SU ALL DEPARTMENTS 000000 14.13 I-21574E 008-18-5245 JANITORIAL SU CLEANING SUPPLIES 000000 9.90 99-04300 NCTCOG I-57669 99-08770 CPI OFFICE PRODUCTS I-1941001-0 I-1952414-0 008-18-5420 CONTRACTUAL S AERIAL PHOTOS 000000 1,466.35 008-18-5210 OFFICE SUPPLI FAX TONER 000000 7.87 008-18-5210 OFFICE SUPPLI COPY PAPER 000000 15.11 DEPARTMENT 18 ENGINEERING TOTAL: 1,536.14 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 21 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 Data Processing BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V� JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60885 008-19-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 33.60 99-08770 CPI OFFICE PRODUCTS I-1941001-0 008-19-5205 DATA PROCESSI FAX TONER 000000 15.75 I-1952414-0 008-19-5210 OFFICE SUPPLI COPY PAPER 000000 30.21 99-11170 RICOH, INC. I-501044929 99-15780 ITRON I-55064 008-19-5315 R & M MACHINE SHIPPING FOR COPIER TONER 008-19-5420 CONTRACTUAL S MOBILE COLLECTOR 000000 287.04 DEPARTMENT 19 Data Processing TOTAL: 378.10 ------------------------------------------------------------------ 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 22 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 27 CUSTODIAL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vt,..�JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-09690 DESIGNS ETC. I-807158 008-27-5255 WEARING APPAR WORK SHIRTS 000000 80.00 DEPARTMENT 27 CUSTODIAL TOTAL: 80.00 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 23 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 Vehicle Maintenance BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vt JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-60885 008-36-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 16.80 I-60986 008-36-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 5.98 99-08880 COOPER'S COPIES I-78825 008-36-5325 R & M MOTOR V VEHICLE GRAPHICS 000000 24.00 99-09040 J RANDY THOMPSON I-200803190660 008-36-5375 MINOR EQUIPME WOBBLE SOCKET/TRAILER CON 000000 64.90 I-288928-CRC-1 99-13880 ENVIRONMENTAL SYSTEMS P I-10555521 99-15240 JERRY'S AUTO I-200803190661 008-36-5245 MECHANIC SHOP EAR PLUGS & SAFETY GLASS 008-36-6010 COMPUTER EQUI INSPECTION COMPUTER REPAI 008-36-5325 R & M MOTOR V MISC REPAIR ITEMS 000000 71.34 000000 811.10 000000 2.21 DEPARTMENT 36 Vehicle Maintenance TOTAL: 996.33 ----------------- ------...... -------------- -------------------------------- 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 24 PACKET: 01377 COUNCIL PACKET 4/7/OB VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 Water BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VE..�JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00450 SUPER SAVE I-53140 008-50-5265 CLEANING SUPP BLEACH 000000 12.00 99-00640 COMMERCIAL SERVICES I-200803240670 008-50-5420 CONTRACTUAL S ICE MACHINE RENTAL 000000 50.00 99-00710 DATA BUSINESS FORMS INC I-60885 008-50-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 33.60 I-60986 008-50-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 11.89 I-61045 00B-50-5210 OFFICE SUPPLI DOOR HANGERS WATER/ELECT 000000 108.33 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 008-50-5245 JANITORIAL SU ALL DEPARTMENTS 000000 28.26 I-215748 008-50-5245 JANITORIAL SU CLEANING SUPPLIES 000000 19.79 99-02910 UPPER TRINITY I-w270803 008-50-5385 WATER PURCHAS VOLUME CHARGE 000000 2,270.20 I-w270803 008-50-5420 CONTRACTUAL S DEMAND CHARGE 000000 12,083.33 99-08770 CPI OFFICE PRODUCTS I-1952414-0 008-50-5210 OFFICE SUPPLI COPY PAPER 000000 30.21 90 "880 COOPER'S COPIES I-78825 008-50-5325 R & M MOTOR V VEHICLE GRAPHICS 000000 47.97 99-15240 JERRY'S AUTO I-200803190661 008-50-5325 R & M MOTOR V MISC REPAIR ITEMS 000000 11.25 I-200803260680 008-50-5325 R & M MOTOR V OPEN PO WEEK 3/3-3/14 000000 24.78 I-200803260681 008-50-5325 R & M MOTOR V OPEN PO WEEK 3/17-3/21 000000 6.50 99-15780 ITRON I-55064 99-18660 TEXAS UNDERGROUND I-0065995-in 008-50-5920 [�I�I�iiIIYCY�.7 CONTRACTUAL S MOBILE COLLECTOR R & M MOTOR V PUMP REPAIR UNIT 50-50 DEPARTMENT 50 Water 000000 719.86 000000 2,148.22 TOTAL: 17,606.19 ------------------------------ 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 25 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 Waste Water Treatment BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vn,'JR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00590 CITY OF DENTON I-200803280684 008-54-5270 LABORATORY SU WATER BACT. TESTING 000000 394.2D 99-13620 DEVICES & CALIBRATION S I-08-11707 008-54-5329 R & M SEWER P CALIBRATION FLOW METER 000000 325.00 99-18380 R&T MECHANICAL I-17638 008-54-5360 R & M OTHER FAN MOTOR & COMP. 000000 257.25 DEPARTMENT 54 Waste Water Treatment TOTAL: 976.45 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 26 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 Electric Department BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V� jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT -------------- 99-00640 COMMERCIAL SERVICES I-200803240670 008-58-5420 CONTRACTUAL S ICE MACHINE RENTAL 000000 100.00 99-00710 DATA BUSINESS FORMS INC I-60885 008-58-5210 OFFICE SUPPLI REQ REQUEST BOOKS 000000 33.60 I-60986 008-58-5210 OFFICE SUPPLI WINDOW ENVELOPES 000000 11.97 I-61045 008-58-5210 OFFICE SUPPLI DOOR HANGERS WATER/ELECT 000000 108.33 99-00790 COUNTY BUILDERS SUPPLY, I-10019875 008-58-6020 IMPROVEMENTS 2 LIGHT KITS 000000 42.00 99-00920 ELLIOTT ELECTRIC I-19-85881-01 008-58-6020 IMPROVEMENTS ELECTRICAL TROUGH 6X6X48 000000 44.80 99-02170 REINERT PAPER & CHEMICA I-215184/213861/2144 008-58-5245 JANITORIAL SU ALL DEPARTMENTS 000000 28.26 I-215748 008-58-5245 JANITORIAL SU CLEANING SUPPLIES 000000 19.79 99-02610 HD SUPPLY, INC I-789069-00 008-58-6020 IMPROVEMENTS 4FLORESCENT BULBS 000000 30.90 99-02690 TECHLINE, INC. I-1436543 OOB-58-6020 IMPROVEMENTS H7213A METER BASE 000000 130.00 I-1436543 008-58-6020 IMPROVEMENTS 50 ARRESTER CLAMP GO-375 000000 217.00 I-1436623 008-58-6020 IMPROVEMENTS 150W PKG B FIXTURES 000000 325.00 I-1436657 008-58-6020 IMPROVEMENTS TAPE/LOCKNUT/GLOVES/SEAL 000000 337.60 I-1436761-00 /001/02 008-58-6020 IMPROVEMENTS CONNECTORS/FUSES/INSULINK 000000 1,082.60 I-1436810 008-58-6020 IMPROVEMENTS 15OW HPS HEAD ONLY 000000 560.00 I-1436810 008-58-6020 IMPROVEMENTS 150W HPS SECURITY L 000000 48.75 I-1436869-00 008-58-6020 IMPROVEMENTS 4/0 THIN COPPER WIRE 000000 2,000.00 I-1436937 008-58-6020 IMPROVEMENTS 500 #2 OH TRIPLEX 000000 320.00 I-1436938 008-58-6020 IMPROVEMENTS CABLE LUBRICANT 000000 175.00 I-3033571 008-58-6020 IMPROVEMENTS 30- SAFETY CONES 000000 358.50 99-05170 NORTHERN SAFETY I-p204668901012 008-58-5260 SAFETY EQUIPM FIRST AID KIT 000000 22.99 I-p204668901012 008-58-5260 SAFETY EQUIPM freight 000000 9.91 99-08210 KWIK KAR I-1503780 008-58-5325 R & M MOTOR V VEHICLE INSPECTION 000000 15.50 99-08460 DELL COMPUTERS, LLP I-xcj6j5cw5 008-58-6010 COMPUTER EQUI 512 MB MEMORY MODULE 000000 22.24 99-08770 CPI OFFICE PRODUCTS I-1952414-0 008-58-5210 OFFICE SUPPLI COPY PAPER 000000 30.21 99-08880 COOPER'S COPIES I-78825 008-58-5325 R & M MOTOR V VEHICLE GRAPHICS 000000 47.97 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 27 PACKET: 01377 COUNCIL PACKET 4/7/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 Electric Department BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET lv� jR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-15240 JERRY'S AUTO I-200803190661 008-58-5325 R & M MOTOR V MISC REPAIR ITEMS 000000 11.25 I-200803260681 008-58-5325 R & M MOTOR V OPEN PO WEEK 3/17-3/21 000000 6.50 99-15780 ITRON I-55064 008-58-5420 CONTRACTUAL S MOBILE COLLECTOR 000000 719.87 DEPARTMENT 5B Electric Department TOTAL: 6,860.04 VENDOR SET 008 ENTERPRISE FUND TOTAL: 28,839.54 REPORT GRAND TOTAL: 66,483.70 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER ** G/L ACCOUNT TOTALS ** =========LINE ITEM========= ANNUAL BUDGET OVER Yt_.ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG 2007-2008 001-10-5210 OFFICE SUPPLIES 21.10 11200 279.99 001-10-5420 CONTRACTUAL SERVICES 291.55 21500 81758.63- Y 001-15-5245 JANITORIAL SUPPLIES 24.03 700 466.11 001-15-5310 R & M BUILDING 42.75 1,200 1,101.00 001-15-5325 R & M VEHICLE 21.88 250 152.91 001-18-5210 OFFICE SUPPLIES 45.78 11200 609.23 001-18-5245 JANITORIAL SUPPLIES ETC. 24.03 125 4.42 001-18-5420 CONTRACTUAL SERVICES 1,466.34 21500 11033.66 001-20-5210 OFFICE SUPPLIES 75.78 11535 336.47 001-20-5245 JANITORIAL SUPPLIES, ETC. 48.06 500 256.05 001-20-5255 WEARING APPAREL 609.49 81000 31746.70 001-20-5260 SAFETY EQUIPMENT 5/125918 34,000 16,349.67 001-20-5325 R & M MOTOR VEHICLE 11263.53 15,000 51682.24 001-20-5420 CONTRACTUAL SERVICES 367.51 21000 41021.60- Y 001-22-5325 R & M MOTOR VEHICLE 282.69 21000 1/660999 001-24-5210 OFFICE SUPPLIES 270.38 31000 537.67 001-24-5220 POSTAGE 81.30 11250 496.97 001-24-5235 DUES & REGISTRATION 795.00 71500 11988.00 001-24-5325 R & M MOTOR VEHICLE 3,368.79 10,000 21070,68 001-24-5525 PAGERS 2/130900 31200 1,070.00 001-25-5210 OFFICE SUPPLIES 11.97 11500 1,456.78 001-25-5235 DUES & REGISTRATION 582.00 71500 4,180900 001-25-5255 WEARING APPAREL 750.23 31600 21223.37 001-25-5325 R & M MOTOR VEHICLE 402.81 61000 31641.35 001-25-5440 MEDICAL SERVICES 11018.89 23,000 21860.24 001-26-5210 OFFICE SUPPLIES 242.89 51200 41496.96 001-26-5245 BLD.& JANITORIAL SUPPLIES 48.06 700 404.79 001-26-5379 JAIL FEES 180.00 11000 200.00 001-26-5420 CONTRACTUAL SERVICES 2,100.00 22,400 101329.73 001-26-5425 LEGAL SERVICES 1,728.9E 14,000 7,243.51 001-27-5255 WEARING APPAREL 80.00 200 70.80 001-28-5210 OFFICE SUPPLIES 169.78 21500 901.41 001-28-5245 JANITORIAL SUPPLIES 48.06 275 46.90 001-30-5210 OFFICE SUPPLIES 259.36 21000 608.43 001-30-5245 JANITORIAL SUPPLIES 48.05 700 391.17 001-30-5325 R & M MOTOR VEHICLE 116.35 10,000 3,678.76 001-30-5370 STREETS 2,001.50 54,000 40,067.23 001-30-5420 CONTRACTUAL SERVICES 50.00 41500 1,478.80 001-32-5245 JANITORIAL SUPPLIES 48.00 0 236.94- Y 001-32-5325 R & M MOTOR VEHICLE 676.03 61000 252.07 001-32-5333 FLAGS 57.95 11000 34.79 001-32-5343 BALL FIELD MAINTENANCE 3,601.10 15,000 10,031.15 001-32-5375 MINOR EQUIPMENT 1,350.69 2,200 416.95 001-34-5223 CHEMICAL SUPPLIES 907.50 61000 51092.50 001-36-5210 OFFICE SUPPLIES 22.79 700 458.30 Ii:Tc3ai��I3 ANNUAL BUDGET OVER BUDGET AVAILABLE BUDG 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 29 ** G/L ACCOUNT TOTALS ** ANNUAL BUDGET OVER ANNUAL BUDGET OVER ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG 001-36-5245 MECHANIC SHOP SUPPLIES 71.33 3,000 11762.60 001-36-5325 R & M MOTOR VEHICLE 26.21 2,000 475.08 001-36-5375 MINOR EQUIPMENT 64.90 51000 21484.63 001-36-6010 COMPUTER EQUIPMENET 811.10 600 211.10- Y 001-42-5210 OFFICE SUPPLIES 45.57 11900 645.77 001-42-5265 CLEANING SUPPLIES 66.87 0 66.87- Y 001-42-6050 BOOKS 20.00 14,000 81339.86 001-44-5327 R & M OTHER 48.05 11000 839.45 001-44-5420 CONTRACTUAL SERVICES 100.00 0 500.00- Y 001-46-5210 OFFICE SUPPLIES 11.97 11000 963.63 001-46-5230 ADVERTISING 3,525.00 41000 11057.88- Y 008-10-5210 OFFICE SUPPLIES 21.09 11200 450.64 008-10-5420 CONTRACTUAL SERVICES 291.55 21500 81758.56- Y 008-15-5245 JANITORIAL SUPPLIES 24.03 700 549.58 008-15-5310 R & M BUILDING 42.75 11200 1,101.01 008-15-5325 R & M VEHICLE 21.87 250 152.92 008-18-5210 OFFICE SUPPLIES 45.76 11200 584.23 008-18-5245 JANITORIAL SUPPLIES ETC, 24.03 125 10.98 008-18-5420 CONTRACTUAL SERVICES 11466.35 21500 968.65 008-19-5205 DATA PROCESSING SUPPLIES 15.75 51500 51114.60 008-19-5210 OFFICE SUPPLIES 63.81 41700 21501.63 008-19-5315 R & M MACHINES 11.50 18,830 141950.63 008-19-5420 CONTRACTUAL SERVICES 287.04 31200 664.22 008-27-5255 WEARING APPAREL 80.00 200 70.80 008-36-5210 OFFICE SUPPLIES 22.78 700 482.69 008-36-5245 MECHANIC SHOP SUPPLIES 71.34 3,000 1,766.47 008-36-5325 R & M MOTOR VEHICLE 26.21 21000 655.07 008-36-5375 MINOR EQUIPMENT 64.90 5,000 21484.68 008-36-6010 COMPUTER EQUIPMENT 811.10 600 286.00- Y 008-50-5210 OFFICE SUPPLIES 184.03 600 315.58- Y 008-50-5245 JANITORIAL SUPPLIES 48.05 450 277.47 008-50-5265 CLEANING SUPPLIES 12.00 0 12.00- Y 008-50-5325 R & M MOTOR VEHICLE 21238.72 10,000 31547.90 008-50-5385 WATER PURCHASE 2,270.20 60,000 371810.20 008-50-5420 CONTRACTUAL SERVICES 121853.19 190,000 97,324.28 008-54-5270 LABORATORY SUPPLIES 394.20 7,500 41564.40 008-54-5329 R & M SEWER PLANT 325.00 25,000 24,272,00 008-54-5360 R & M OTHER 257.25 0 257.25- Y 008-58-5210 OFFICE SUPPLIES 184.11 21000 1,255.55 008-58-5245 JANITORIAL SUPPLIES 48.05 600 241.76 008-58-5260 SAFETY EQUIPMENT 32.40 81000 5,141.30 008-58-5325 R & M MOTOR VEHICLE 81.22 12,000 31154.16 008-58-5420 CONTRACTUAL SERVICES 819.87 175,000 116,868.49 008-58-6010 COMPUTER EQUIPMENT 22.24 3,000 21865.41 008-58-6020 IMPROVEMENTS 51672.15 150,000 82,688.10 ** 2007-2008 YEAR TOTALS ** 66,983.70 3/31/2008 12:04 PM REGULAR DEPARTMENT PAYMENT REGISTER ** DEPARTMENT TOTALS ** PAGE: 30 ACCT NAME AMOUNT 001-10 MAYOR & CITY COUNCIL 312.65 001-15 ADMINISTRATION 88.66 001-18 ENGINEERING 1,536.15 001-20 POLICE 7,489.55 001-22 ANIMAL CONTROL 282.69 001-24 FIRE DEPARTMENT 6,645.47 001-25 AMBULANCE 2,765.90 001-26 MUNICIPAL COURT 4/299993 001-27 CUSTODIAL 80.00 001-28 ENFORCEMENT/INSPECTION 217.84 001-30 STREETS 2,975.26 001-32 PARKS 5,733.77 001-34 POOL 907.50 001-36 VEHICLE MAINTENANCE 996.33 001-42 LIBRARY 132.44 001-44 COMMUNITY CENTER 148.05 001-46 ECONOMIC DEVELOPMENT 3,536.97 001 TOTAL GENERAL FUND 37,649.16 008-10 Mayor and City Council 312.69 008-15 Administration 88.65 008-18 ENGINEERING 1,536.14 008-19 Data Processing 378.10 008-27 CUSTODIAL 80.00 008-36 Vehicle Maintenance 996.33 008-50 Water 17,606.19 008-54 Waste Water Treatment 976.45 008-58 Electric Department 6,860.04 008 TOTAL ENTERPRISE FUND 28,834.54 ** TOTAL ** 66,483470 NO ERRORS ** END OF REPORT ** COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable Yes ® Not Applicable Council Meeting Date: Submitted By: April 7, 2008 Mike Brice City Manager Reviewed/Approval Initials �,7p Date 3-- ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Removal of a Member from the 413 Board. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Request approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: ,A To: Mayor and Council from: Mike Brice, City Manager Date: 3/31/2008 two Board Member Removal We have been unable to reach Mr. Lindall Mitchell over the last several weeks and he did not attend the last 4B meeting. Therefore I am requesting that the council remove him from the 4B board so that someone else may be appointed. 1 .u�geh zTEXAS COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ® Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes I ❑ Not Applicable Yes L1 Not Applicable Council Meeting Date: April 7, 2008 Submitted By: Robert Woods, P.E., City Engineer City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Final Payment and Acceptance for the completion of Indian Springs CIP Phase I. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE HCl P ❑BUDGETED ANON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE $355701.55 FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Quality Excavation has completed the project for the total amount of $515,236.80. STAFF OPTIONS & RECOMMENDATION Staff recommends final payment (including Retainage) for the amount of $35,701.55. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Ngeh .TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ® Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes ❑ Not Applicable Ej Yes ❑ Not Applicable Council Meeting Date: April 7, 2008 Submitted By: Robert Woods, P.E., City Engineer City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ❑ APPROVAL ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION The award of the construction contract for the Marion Water Line Improvements to 1-12M Utilities Contractors. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ® $ 164,419.00 Special ❑ $ BACKGROUND/SUMMARY OF ITEM Staff received and opened twelve (12) qualified bids for the Marion Water Line Project. The bids ranged from $164,419.00 to $488,341.15. Please see attached copy of the bid opening summary. STAFF OPTIONS & RECOMMENDATION Staff recommends award of contract for the Marion Water Line Improvements to 1-12M Utilities Contractors for the amount of $164,419.00, List of Supporting Documents/Exhibits Attached: Summary of Bid Opening list Prior Action/Review by Council, Boards, Commissions or Other Agencies: • - 4 Owner. City of Sanger Engineer: Robert Woods, P.E. Project: Marion Water Line Improvements Bid Date: March 24, 2008 a@ 2:00 pm No. Bidder Bid Amount Addendums Bid Bond Received Acknowledged 1ip to ez) yor 2 U b %e cKt`7z So tit?L�� 3 t uAO EP o i (L i 11 s aG S, boo. 4 Q 1 �� L i �« CVAJ LI i-I t • 5 A 1) 3 L)T; L " y cc NVAcT�t�s SAJER 8 S Ky C OE JE6CAUA ,J /a aC) °` s 5 M 73 ENT Lk Rr z a s 44 -34 10 y �'-�/{s 1 ,�/�i�5 CAN RAC?LNG 02 �3a�o�o, G 12 LS0A) CaN 1�c/�C%4!2 O a (31 �i �1G, j t/ SL�v �cL.S 13 14 15 .u�geh TEXAS COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Yes Not Applicable Council Meeting Date: Submitted By: Robert Woods, P.E., City Engineer April 7, 2008 City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ® AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Award of the construction contract for the Sanger Streetscape Improvements to Reliable Paving Inc. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ANON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General Els. Utility $ Special ® $ 347,933.50 BACKGROUND/SUMMARY OF ITEM Staff received and opened three (3) qualified bids for the Sanger Streetscape Project. The bids ranged from $347,933.50 to $632,393.25. Please see attached copy of the bid opening summary. The 4B board will fund this entire project. STAFF OPTIONS & RECOMMENDATION Staff recommends award of contract for the Sanger Streetscape Improvements to Reliable Paving for the amount of $347,933.50. ing Documents/Exhibits Attached: Bid Opening list L Prior Action/Review by Council, Boards, Commissions or Other Agencies: cu M CL z con ® 2) 0 mvCD am 04 a am � CD 0 mat %S El� CD � O "I oCri�U) Cl ( CD ®6.CL(D �- 0 0 mmI �Da �M 03 CL CL 03 a CL o w u3 n 3 cr } G CL � C. 0� N C L �\ (� O rL �7 <D CD <D CL - COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By. April 7, 2008 Mike Brice City Manager Reviewed/Approval Initials , Date �--/-- U ACTION REQUESTED. ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve 4B Board Expenditure for Ballpark Improvements. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM 4B Board approved funding up to $22,000 for new scoreboards and temporary fencing at the ballpark. Expenditure of funds also requires Council approval. STAFF OPTIONS & RECOMMENDATION Request approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: LUU' Homerun Fence Pkg-DkGreen Home I About Us I Contact I Our Policies School Orders t+ shop by sport Baseball / Apparel Field Tarps Athletic Fencing Softball Soccer Football — Field hockey Lacrosse Tetherball Scoreboards Bleachers & Benches Basketball Volleyball Facilities Coaches aids Tennis Recreation Tack and Field Ecoyuest Household Products and Consumables = Fitness \ Physical Education and Games Footwear Athletic Training Supplies Archery Weight Training Wrestling Official's & Referee Supplies L Golf Clubs and Accessories Herbalife Nutritional and Household Products Hockey Jerseys IAS BIT ENCRYPTION ' Home > shop by sport > Bas@batl > Athletic Fencing > 200' Homerun Fence Pkg-DkGreen 200' Homerun Fence Pkg.DkGreen Item# BS314GP $889.50 Availability: Usually ships the next business day. Product Overview 314' of fencing, 32 poles, pilot hole tool, tape measure. Weight 185 lbs. Related items in Athletic Fencing Outfiel8 Fence only • 300' Gt-een:Hom-orun Fence Pkg OPTIONAL SET OF 32 GROUND SLEEVES • OPTIONAL SET OF 48 GROUND SLEE` Endure 150' Fence (Fence Only) • 150' Enduro Fence Package • Endure 50' Fencing (Fence Only) • 50' Enduro Fence Package SMartPole Ground Socket Set Only (No ole* • View All... Copyright 2006 PriceBusterSports All rights reserved. Web site Design By Solid Cactus. Home � Site Map � About Us � Contact � Our Policies � View Cart COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable ❑ Yes ❑ Not Applicable Council Meeting Date: April 7, 2008 Submitted By: Robert Woods, P.E., City Engineer City Manager Reviewed/Approval Initials Date f G ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS OTHER Reject all bids received for the Presbyterian Church renovation project. AGENDA CAPTION Presbyterian Church Renovation Project — Reject all bids received. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR, PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Staff received and opened three (3) bids for the Sanger Presbyterian Church Project. The bids ranged from $431,925.00 to $457,764.00. Please see attached copy of the bid opening summary. The 4B board declined to fund this project. STAFF OPTIONS & RECOMMENDATION Staff recommends rejecting all bids received for this project. List of Supporting Documents/Exhibits Attached: Summary of bid opening list. Prior Action/Review by Council, Boards, Commissions or Other Agencies: CL0.. cyl w w -a ;u 0 cr ro ' i17 tD r1 @. tiJ CD CL c� �M � ...�.wwpppp�icccccclll111 N d n� sC, (o 03 \A �. h 4 rs, CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE Regular Special Z Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable 0 Yes Lj Not Applicable Council Meeting Date: Submitted By: April 7,2008 Mike Brice City Manager Reviewed/Approval Initials Date y (— ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve Second Amendment to Inducement and Development Agreement between Denton County, Wal-Mart Stores East, Inc. and the City of Sanger Regarding Funding for Improvements to Lois Road. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P []BUDGETED ❑NON -BUDGETED FISCAL YEAR, PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount TO BE USED: General Els. Utility El $ Special $ k Denton County Commissioner's Court has already approved this agreement between the City of Sanger, Denton County, Texas and Wal-Mart Store East, Inc., regarding the funding for improvements to Lois Road, STAFF OPTIONS & RECOMMENDATION Recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Denton County Commissioners Court Mar 18, 2008 Date ZU19% Court Order Number 'The Order: Second Amendment to the Inducement Agreement between the City of Sanger, Denton County, Texas, and Wal-Mart More East, Inc. regarding funding for improvements to Lois -Road, Commissioner Precinct # 1. • • • � / • •-• • m Mary Hom Commissioner Pct No 1 Yes Cynthia White Abstain No Absent ComtYtissioner Pct No 3 Yes Bobbie J. Mitchell Abstain No Absent Abstain No Absent _� Commissioner Pct No 2 Ron Marchant / Commissioner Pct No Andy Eads Motion Carried � "� "� Other Action: Pulled from Consent No Actio BY ORDER OF THE COMMISSIONERS COtlRT: and ESG Gommi Denton ran Yes Abstain No Absent Yes Abstain No Absent Mar 14.2008 6:08 AM Denton County p. 2 of 12 SECOND AMENDMENT TO INDUCEMENT AND DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO THAT CERTAIN INDUCEMENT AND DEVELOPMENT AGREEMENT ("Second Amendment") is made as of the 18th day of March, 2008, by and between DENTON COUNTY, TEXAS, a political subdivision of the State of Texas (the "County'), and WAL-MART STORES EAST, INC., an Arkansas corporation, d/b/a WAL•MART STORES EAST, LP, a Delaware limited partnership with offices located at 2001 SE 10' Street, Bentonville, AR 727164550 (the "Company"). The CITY OF SANGER, TEXAS, a political subdivision of the State of Texas (the "City'), joins in this Second Amendment to evidence its consent hereto; the County, the . City and -the Company shall be referred to collectively as "the Parties". WHEREAS, the Parties entered into that certain Inducement and Development Agreement dated June 13, 2000, as amended by that certain First Amendment to Inducement and Development Agreement dated August 27, 2002 (collectively, "the Agreement"), regarding the development of onsite and offske infrastructure Improvements related to the Company's distribution center in Sanger, Denton County, Texas, the ospecific designation of costs for acquisition of•right-of-way, limitation *of costs to be borne by the County for certain roadway improvements to Lois Road and Interstate Highway 35 (collectively, the "Road Work"), and contemplation* of a delay in the performance of those improvements, as more particularly described in the'Agreement; and WHEREAS, the Parties are desirous of amending the Agreement to provide for specific terms of payment through which the Road Work will be funded, specific procedures as to how change orders shall be processed, and security for such funding; and WHEREAS, the County is authorized by applicable law to enter into this Secand Amendment with the Company and the City 'is authorized by applicable law to join in this Second Amendment, NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00} and other good and valuable consideration 'hereinafter specified, the sufficiency of which is hereby acknowledged, the parties agree too as follows: go' 1. Defined Terms. Defined terms used herein shall have the meanings set forth in the Agreement and the First Amendment. Z. Amendment to Section A(b). Section 4(b) of the Agreement is hereby amended and replaced in its entirety as follows: "(b) The Road Work shall be funded as follows: (i) Process. (A) All pay requests, service billing and/or invoices ti (collectively, "Pay Requests") from the County's contractor and/or its geotechnical consultant, or any other contractor or service provider engaged by the County (collectively, "the Contractors"), which constitute out-of-pocket costs and expenses actually paid or due and payable by the County for the design and construction of the Road Work (collectively the "Road Work Costs"), including, but not limited to, costs t for printing and advertising for bids, are expected to be received by the County on or about the I" day of each calendar month following the month such construction activities shall have been performed. The County shall remit payment to the Contractors for all Pay Requests on or before the 30a` day of each calendar month in which the Pay Requests were submitted to the County by the Contractors. . (B) The County shall provide copies of all Pay Requests to the Company by electronic mail or facsimile transmission on or before the 7t' *day of each calendar month in which they are received by the County. The County shall also tzansmit evidence to the Company of the County's payments to the Contractors in the form of photocopies of the payment checks or electronic funds transmission records with proper identification as to which Pay Request each such payment relates, by electronic mail or facsimile transmission on or before the 7`" day of the month following such payment remittance. All electronic mail and/or facsimile transmissions referenced herein shall be directed to Shelley A. Bali, Project Incentives Manager, Real Estate, Distribution Centers, at the following electronic mail address and/or facsimile number: shellev.liall cfr,wa!-mart.eom (fax) 479-27341Q7 (ii) Apportionment of Costs. (A) The County shall directly bear the Road. Work Costs until payment of such casts reach the amount, in the aggregate, of $1,000,000,00, The County's funding obligation set forth herein shall not be deemed to have been met until evidence of payment of the entire $1,000,000.00 has been received by the Company, as set forth in paragraph 4(b)(1)(B) above. (B) If the Road Work Costs are equal to or less than $1,000,000.00, the Company shall bear no cost associated with the Road Work. If, however, the Road Work Costs exceed $1,000,000.00, the Company shall bear those costs which are in excess of that amount as foHowse ��oPE�r7r of n��rroN cou�r (1) the County shall submit to the Company an invoice, supported by each month's Pay Requests by the date and manner set forth in paragraph 4(b)(1)(B) above, (2) the Company shall remit payment to the County pursuant to such invoice by or before the 23rd day of that same calendar month in which the invoice and Pay Requests were received, however, in the event that the County's invoice and the Contractors' Pay Requests are not received by the Company by the date and manner set forth in paragraph 4(b)(i)(B) above, the Company's obligation to remit payment shall be extended to 15 calendar days after such transmittal is complete and such invoice and Pay Requests are received by the Company, (3) the County shall remit each payment made by the Company to the Contractors by the time set forth in paragraph' 4(b)(1)(A) above, and (4} by submission to the Company of the invoice, Pay Requests, and all other payment documentation under this Section 4(b), the County represents and warrants that all Pay Requests constitute valid Road Work Costs, (iii} Budget -Changes: Change Orders and Cost Modifications. (A) The total Road Work Costs are currently estimated to be $1,522,265 based upon the contracts awarded by the County on March.., 2008 and all other estimates by the County as of the date of this Agreement. Any change orders or cost modifications ("Budget Changes)") for the Road .Work will be communicated to the Company in the manner set forth in paragraph 4(b)(1)(B) above. The Company's designated point of contact for direct communications from the County or ,its Contractors for this project is as follows: Joseph Loethen Joseph.Lvethenla,wat-mRrt.eorer (offue) (479) 204-3515 {cell) (479) 6404409 . (B) The County agrees that any single Budget Change in excess of $10,Q00.00 must be discussed with the Company prior to final approval by the County. The Company will be allowed to make objection to any* such Budget Change, although the final decision for approval or rejection of tat"Budget Change will be in the hands hof the County. If the Company objects to any such Budget Change, the County and the Company agree to participate in a joint conference call within the succeeding ten (10) business days to attempt to resolve the Budget Change. The Parties acknowledge that some Budget Changes may affect life, safety or work schedule, and that the County must be allowed to accept or deny those Budget Changes unilaterally, with subsequent notice to the Company as set forth above. The County agrees that no Budget changes will be allowed in a cumulative excess of 120% of the Road Work Costs without the Company's approval prior to the acceptance of such Budget Changes. (iv) Securi (A) In consideration of the Company's promise to make payments to the* County in this section, the Company shall cause a Letter of Credit ("Letter of Credit") to be issued in the amount of $522,265.00, which represents the Road Work Costs less the County's portion of $1,000.000,00. The Letter of Credit shall list the County as beneficiary therein, and shall remain in effect or otherwise reissued until the Road Work is complete and the Company has made all payments to the County required hereunder, Upon the occurrence of the aforementioned event, the Letter of Credit shall be promptly returned to the Company and the County shall not have any further right to draw upon that Letter of Credit. (B) ' In the event the Company fails to pay any invoice which remains 'due after: {1} the completion of the Road Work pursuant to the conditions constituting completion in paragraph 3 of the First Amendment, and (2} 120 days' written notice to the Company, the County, at its option, may declare all of the unpaid Road Work Costs due and payable in full. The County may seek recovery of such unpaid Road Work Costs payable from the Letter of Credit provided herein; such recovery shall be the County's sole remedy against the Company for nonperformance or breach under this Agreement. (v) Compliance with Laws. In connection with its obligations in the Agreement and this Second Amendment, the County hereby agrees as follows: (A) The County shall comply with all federal, state or local laws, regulations, ordinances, permits or other authorizations, approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction 'projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., the NPDES General Permit for Stormwater Discharges Associated with Construction Activities and the TCEQ General Permit Number TXR 150000 Relating to Discharges from Construction Activities (collectively the "Storm Water PROPERTY OF DENTQN COUN?'Y Requirements"}. The parties agree that the initial draft Storm Water Pollution Prevention Plan ("SWPPP") prepared by the Company has been provided "as is, where is" and without any warranty of any kind, and that the Company has no further control over, the SWPPP or other related plans and specifications for purposes of compliance with Storm Water Requirements. Consistent with the Special Conditions to the "Specifications and Contract Documents for Lois Road East & Old Lois Roadway Improvements Project, Bid Number 01-084875, Addendum No. 1, February 4, 2008" (the "Contract"), this initial draft SWPPP has been provided "for use and modification by the Contractor as necessary to be adapted to. field conditions and the Contractor's means and methods of Construction." See Contract, Part IV - Special Conditions, at 1. In addition, "[t]he Contractor is the responsible party in charge of day to day activities of the construction project and is responsible for further development and implementation of the [SWPPP) and for obtaining final site stabilization prior to filing the Notice of Termination." Id (B) The County shall comply with all federal, state, and local laws, ordinances, statutes, rules, and regulations governing the employment_of_its _workers„ including, but not limited to, the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the Child Labor Act, 29 U.S.C. § 212 et seq.; the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; the Economic Dislocation and Worker Adjustment Act, 29 U.S.C. § 565 et seq.; the Employee Polygraph Protection Act of 1988, 29 U.S.G. § 2001 et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 201 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.G. § 201 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1324a et seq.; the Occupational Safety and Health Act of 1970, 29 U.S.C. § 553 et seq.; the Older Worker Benefit Protection Act, 29, U.S.C. § 621 et seq.; and the Omnibus Budget Reconciliation Act of 1986, 29 U.S.C. § 623 et seq.. The County warrants that it shall be responsible exclusively for all compensation, salary, and any other remuneration due to individuals who perform any &work hereunder. (C) The County hereby represents, warrants and covenants to the Company that the County (1) has complied, and shall at all times during the term of this Agreement comply, in all respects, with the immigration Reform and Control Act of 1986, as amended, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended, and all of the laws, rules and regulations relating thereto, PROPERTY OF D�NTON COUNTY (2) has properly maintained, and shall at all times during the term of this Agreement properly maintain, all records required by the United States Citizenship and Immigration Services (the "USCIS"), including, without limitation, the completion and maintenance of the Form I=9 for each of Developer's employees, and (�) has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any inspection requests related to such I.9 Forms. During the term of this Agreement, the County shall, and shall cause its directors, officers, managers, agents and employees to, fully cooperate in all respects, with any audit, inquiry, inspection or investigation that may be conducted by the USCIS of the County or any of its employees. The County shall, on a bi-annual basis during the term of this Agreement, conduct an audit of the I-9 Forms for its employees and shall promptly correct any defects or deficiencies which are identified as a result of such audit. The County shall require its contractor and all subcontractors and sub -subcontractors to make thepces�ntati4ns_and warranties set forth herein. " (D) The Company shall have the right, in an amount as determined by the Company, in the Company's reasonable discretion, and in addition to any other rights the Company may have hereunder or at"law, to offset and withhold amounts due and payable by, the Company to the County hereunder upon the occurrence of any claim, demand, or loss against or incurred by the Company as a result of any breach of the County hereunder or breach of Contractor under the Contract, including but not limited to any violation of the SWPPP. Upon completion of the Road Work and as a condition to any final payment by the Company hereunder regarding the Road Work, County shall .provide a copy of the Notice of Termination of the SWPPP and a written representation, in a form reasonably acceptable to the Company, that the County has not been provided any notice of claims, proceedings or violations of the SWPPP, and that _the County has no knowledge of any claim, proceeding or violation regarding the SWPPP." • 3. Acknowledgment. The Parties hereby acknowledge that except as amended herein, the terms and conditions of the Agreement are acknowledged by the Parties as a binding and legal agreement which shall remain in full force and effect. " PROPERTY ®� DENT4N COUNi'Y EXECUTED by of the undersigned on the date(s) set forth below to be effective for all purposes as of M rch X, 200$. ``S�,aftSUNJrr�r��� GO �i 000 •cam :o 00 JA ATTEST: tle: Deputy Clerk ATTEST; By: Title: Date: DENTON COUNTY, TEXAS a political subdivision of the State of Texas COUNTY C WHL�1VlH!<1 � 1lJRGJ L'iHa1, Lr Ca Delaware limited partnership By: WSE Management, LLC, its General Partner By: Shannon Letts Title: Regional Vice President Real Estate and Design Date: JOINDER BY THE CITY The City joins in this Second Amendment for the sole purpose of evidencing its consent to the terms and provisions hereof. The City shall not be a necessary party for any subsequent amendment of the Agreement (as amended by this Second Amendment) if such amendment does not impair the City's rights or increase the City's obligations thereunder'. The City ratifies and confmns its obligations under the Agreement and acknowledges that this Second Amendment is not intended to affect any such obligations, including .those regarding traffic signal lights described In Section IIA of the Agreement. CITY OF SANGER TEXAS a political subdivision of the State of Texas . By: Title: Mayor ----------- --------------- --- -Date:---------- ATTEST: • By: Title: City Secretary Date: PROPERTY QF DENTQN CQUNTY Rose Chavez From: Kathleen Bransford [Kathleen.Bransford@dentoncounty.com] lent: Tuesday, April 01, 2008 9:52 AM To: Rose Chavez Subject: RE: City of Sanger - Lois Road Improvements Rose - The three originals are in the mail to you so if you can wait a day or so you will have the complete contract of which I need you to mail all three back to me after execution. Thank You. -----Original From* Rose Rose Chavez [mailto:rchavez@sangertexas.org] Sent: Tuesday, April 01, 2008 8:44 AM To: Kathleen Bransford Subject: RE: City of Sanger - Lois Road Improvements Kathy, I think I have a page missing. "Page 4 (B) end with follows" and the sentence that proceeds make sure does not I have correspond. all the pages? It begins Thanks with "participate in joint ..." Can you check to and have a great day. Thank you, Rose Chavez City Secretary/Asst. City of Sanger P.O. Box 1729 Sanger, TX 76266 Ph 940-458-7930 fax 940-458-4180 City Manager ----Original Message---- - From: Kathleen Bransford [mailto:Kathleen.Bransford@dentoncounty.com] Sent: Monday, March 31, 2008 3:41 PM To: Rchavez@sangertexas.org Cc: Kim Thornburg; shelley.ball@wal-mart.com Subject: RE: City of Sanger - Lois Road Improvements Ms. Chavez - and Wal-Mart which I will Attached is the second for funding to improve need all three originals amendment to the Lois Road. I will returned to me Inducement Agreement between Sanger be mailing you three originals of so that I may forward them on to Shelley Ball at Wal-Mart in Bentonville. As soon as I get back two Thank You for your assistance. originals from Shelley I will forward you one. Kathleen Bransford County Clerk, Admin. 940-349-2021 -----Original Message ----- From: Kim Thornburg Sent: Monday, March 31, 2008 To: Kathleen Bransford Subject: RE: City of Sanger - No, sorry, the originals need the following address: D.O. Box 1729 ganger, TX 76266 -----Original Message----- Lois Road Improvements to be mailed to Rose Chavez, City Secretary for Sanger at 1 From: Kathleen Bransford Sent: Monday, March 31, 2008 To: Kim Thornburg Subject: RE: City of Sanger 3:27 PM - Lois Road Improvements jhall I bring the originals up to you for John? Kathleen Bransford County Clerk, Admin. 940-349-2021 -----Original Message ----- From: Kim Thornburg Sent: Monday, March 31, 2008 3 Lois Road Improvements Sorry - I'll check...this is a case of one hand not knowing what the other is doing...sorry. -----Original Message---- - From: Shelley Ball [mailto:Shelley.Ball@wal-mart.com] Sent: Monday, March 31, 2008 3:20 PM To: Kathleen Bransford Cc: Kim Thornburg Subject: RE: City of Sanger - Lois Road Improvements Actually, John Feldt was going to get the city's signatures then send the partially executed originals to me for WM's signatures. Can you please follow up with him? Sent by GoodLink (www.good.com) Shelley A. Ball Senior Project Incentives Manager Wal-Mart Real Estate 479-204-0733 ph 479-273-1964 fax 479-640-5064 cell -----Original Message ----- From: Kathleen Bransford [mailto:Kathleen.Bransford@dentoncounty.com] Sent: Monday, March 31, 2008 03:08 PM Central Standard Time To: Shelley Ball Cc: Kim Thornburg Subject: City of Sanger - Lois Road Improvements Ms. Ball - Attached is a letter and an agreement to be signed by both the Mayor of Sanger and Shannon Letts of Wal-Mart. The County needs one original back after both parties sign it. Did you want this to go to the City of Sanger first before coming to you? Or were you going to handle getting Sanger's signatures and then getting us back our original? Please advise as I will not mail it until I feel comfortable in tracking its progress. Thank You. Kathleen Bransford County Clerk, Admin. 940-349-2021 2 COUNCIL AGENDA ITEM AGENDA TYPE Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop Executive 2nd® Public Hearing Reviewed by Legal ❑ Yes Not Applicable Yes ❑ Not Applicable Council Meeting Date: Submitted By: April 7, 2008 Tami Taber City Manager Reviewed/Approval Initials cl� Date 7 1— d ACTION REQUESTED: ®ORDINANCE # 03-07-08 ❑ RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct Second Public Hearing on Re -Adopting and Continuing Curfew Ordinance #03-07-08. Consider and Possible Action on Re -Adopting and Continuing Curfew Ordinance #03-07-08. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Two public hearings must be held prior to re -adoption of this ordinance. STAFF OPTIONS & RECOMMENDATION Request approval. List of Supporting Documents/Exhibits Attached: Ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: ORDINANCE 03-07-08 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CONTINUING IN EFFECT CHAPTER 8, "OFFENSES AND NUISANCES" ARTICLE 8.600, SECTIONS 8.601 THROUGH 8.605, THE JUVENILE CURFEW ORDINANCE OF THE CITY OF SANGER, PROVIDING FOR THE REVIEW OF THIS ORDINANCE WITHIN THREE YEARS AND EVERY THIRD YEAR THEREAFTER; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted a juvenile curfew ordinance; and WHEREAS, the City Council has reviewed the ordinance and determined that it is the public interest to continue it in effect; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I That Chapter 8, Article 8.600, of the Code of Ordinances shall continue in force and effect, reading as follows: "8.600 Definitions a. Curfew Hours 1. 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday orThursday until 6:00 a.m. of the following day; and 2. 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday b. Emergencx Shall mean: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. c. Establishment Shall mean: Any privately -owned place of business operated for a profit to which the public.is invited, including, but not limited to, any place of amusement or entertainment. d. Guardian shall mean: 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom the minor has been placed by a court. e. Minor shall mean: Any person under 17 years of age. f. Operator shall mean: Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes members or partners of an association or partnership and the officers of a corporation. g. Parent shall mean: A person who is: 1. A natural parent, adoptive parent, orstep-parent of another person; or 2. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor h. Public Place shall mean: Any place in which the public or substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. I. Remain shall mean: 1. Linger or stay; or 2. Fail to leave premises when requested to do so by a police officer or the ownerI operator, or other person in control of the premises. j. Serious Bodily Injury shall mean: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 8.602 Offenses a. Any minor commits an offense if he/she remains in any public place or on the premises of any establishment within the City during curfew hours. b. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any pubic place or on the premises of any establishment within the City during curfew hours. c. The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. 8.603 Defenses a. It is a defense to prosecution under Section 8.602 that the minor was: (1) Accompanied by the minor's parent, guardian or adult spouse; (2) On an errand at the direction of the minor's parent or guardian without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going or returning home from an employment activity without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (7) Attending an official school, religious or other recreational activity supervised by adults sponsored by the City of Sanger, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City of Sanger, a civic organization or another similar entity that takes responsibility for the minor; (8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or (9) A minor who has had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. b. It is a defense to prosecution under Section 8.602 ( c ) that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. c. With respect to the hours between 8:00 a.m. and 3:00 p.m. on Monday, Tuesday, Wednesday, Thursday or Friday only, it is a defense that the school which the minor attends was not in session, that the minor is a high school graduate or has equivalent certification, the minor is on an excused absence from his or her place of schooling or that the minor is participating in a work study program which requires the minor to be off campus during school hours. 8.604 Enforcement Before taking any enforcement action under this article, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or issue an arrest under this article unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 8.603 is present. 8.605 Penalties a. A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense upon conviction is punishable by a fine as set forth in the general penalty provision found in Section 1.109 of this code. b. When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Section 8.602(a) of this article and shall refer the minor to juvenile court." SECTION II All ordinances or parts of ordinances in conflict herewith or to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of the 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 phrases, clauses, sentences, paragraphs and sections of the ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION IV This ordinance will take effect immediately from and after the passage and publication of the caption as the law in such cases provides. PASSED, APPROVED AND ADOPTED this Council of the City of Sanger, Texas. ATTEST Rosalie Chavez, City Secretary OVED AS STO FORM AND LEGALITY Robert Dillard, City Attorney day of March 2008 by the City APPROVED: Joe Higgs, Mayor COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Yes ❑ Not Applicable Council Meeting Date: Submitted By: April 7, 2008 Tami Taber City Manager Reviewed/Approval Initials <' Date y ACTION REQUESTED: ,®ORDINANCE # 04-08-08 [:]RESOLUTION ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Ordinance #04-08-08 — Making it Unlawful for Certain Sex Offenders to Reside Within 2000 Feet of Premises Where Children Gather. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Request approval. List of Supporting Documents/Exhibits Attached: Ordinance Prior Action/Review by Council, Boards, Commissions or Other Agencies: ORDINANCE #04-08-08 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ADDING ARTICLE 8.900 OF THE SANGER CITY CODE MAKING IT UNLAWFUL FOR CERTAIN SEX OFFENDERS TO RESIDE WITHIN 29000 FEET OF PREMISES WHERE CHILDREN GATHER; MAKING IT UNLAWFUL TO LEASE, RENT, OR PROVIDE LIVING SPACE TO CERTAIN SEX OFFENDERS WHEN SUCH WOULD RESULT IN VIOLATION OF THIS ORDINANCE; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE UNDER THESE PROVISIONS; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sanger is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Mayor and City Council of the City are deeply concerned about the numerous and recent occurrences in our state and elsewhere, whereby convicted sex offenders who have been released from custody repeat the unlawful acts for which they had been originally convicted; and WHEREAS, the City Council finds that the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes against children; and WHEREAS, the City Council finds that establishing a policy to restrict the property available for residence of sex officers will provide better protection for children gathering in the City; and WHEREAS, the City Council of the City of Sanger finds and declares that the presence of sex offenders in areas where children tend to gather constitutes a serious threat to public safety; and WHEREAS, Article 42.12 (13B) of the Texas Code of Criminal Procedure provides a one thousand (15000) foot safety zone for children as a condition of probation for those convicted of certain sexual offenses$ and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code provide the City authority to adopt ordinances for the good government, peace order and welfare of the municipality; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION i. Article 8.900 of the Sanger City Code is hereby added by the addition, which shall provide as follows: ARTICLE V. RESTRICTIONS ON RESIDENCY OF SEXUAL OFFENDERS AGAINST CHILDREN Section 8.901 Finding, intent and deimitions. (a) Findings and Intent. That repeat sexual offenders, sexual offenders that use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses and most sexual offenders commit many offences, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. It is the intent of this ordinance to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residences. (b) Definitions. For the purposes of this Article, the following terms, words, and derivations thereof shall have the meanings given herein. (1) Minor. A minor is a person younger than eighteen (18) years of age. (2) Permanent Residence. A place where a person abides, lodges or resides for fourteen (14) or more days. (3) Premises whef•e children commonly gather. (A) Public and semi -private parks, for purposes of this Ordinance, planted street medians are not public parks; (B) Public, semi-public and parochial/private kindergartens, elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education; (C) Amusement arcades, video arcades, indoor and outdoor amusement centers, amusement parks; (D) Public, commercial, and semi -private swimming pools; and (E) A day nursery, as such term is defined in the Comprehensive Zoning Ordinance of the City of Sanger. (4) Temporary Residence. Either a place where a person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person5s permanent residence, or a place where a person routinely abides, resides or lodges for a period of four (4) or more consecutive or non-consecutive days in any month and which is not the person's permanent residence. Section 8.902 Restrictions on residency of convicted sexual offenders against children. (a) Offenses. It is unlawful for any person required to register on the Texas Department of Public Safety's Sex Offenders Database (the "Database") because of a violation involving a victim who was less than seventeen (17) years of age to establish a permanent residence or temporary residence within two thousand (2,000) feet of any premises where children commonly gather, as defined in this Article. (b) Evidentiary matters; measurements. (1) It shall be prima facie evidence that this Section applies to such a person if that person's record appears on the Database and the Database indicates that the victim was less than seventeen (17) years of age. (2) For the purposes of determining the minimum distance separation, the requirement shall be measured as follows: (A) for residences which are single-family residences as defined in the Comprehensive Zoning Ordinance of the City of Sanger, by following a straight horizontal line from the outer property line of the lot on which the permanent or temporary residence is located to the nearest property line of the premises where children commonly gather, as defined in this Article; or (B) for residences which are multi -family residences as defined in the Comprehensive Zoning Ordinance of the City of Sanger, by following a straight horizontal line from the closest door of the residence to the nearest property line of the premises where children commonly gather, as defined in this Article. (C) A map depicting the prohibited areas shall be maintained by the Chief of Police of the City of Sanger. The City shall review the map at least annually for changes. Said map will be available to the public at the Sanger Police Department. (c) Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for proof of an offense under this Section. Section 8.903 Restrictions on leasing, renting, or providing living quarters to convicted sexual offenders against children. (a) It is unlawful to lease, rent, or otherwise provide any residence, dwelling, place, structure or part thereof, manufactured home, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this Article, if such place, structure or part thereof, manufactured home, trailer, or other conveyance, is located within two (2,000) feet of any premises where children commonly gather, as defined in this Article. (b) The determination of the distance between the residence described in this Section and the premises where children commonly gather, as defined in this Article shall be measured as provided in this Article. Section 8.904 Affirmative defenses. It is an affirmative offense to prosecution under this Article that any of the following conons apply: (a) The person required to register on the Database established the permanent or temporary residence prior to the date of the adoption of this ordinance and has complied with all of the sex offender registration laws of the State of Texas. (b) The person required to register on the Database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult. (c) The person required to register to the Database is a minor. (d) The premises where children commonly gather, as specified herein, within two thousand (2,000) feet of the permanent or temporary residence of the person required to register on the Database was opened after the person established the permanent or temporary residence and the person required to register on the Database has complied with all sex offender registration laws of the State of Texas. (e) The information in the Database is incorrect, and, if corrected, this Section would not apply to the person who was erroneously listed on the Database. (fj The premises where children commonly gather, as described herein above, that is within two thousand (2,000) feet of the residence of the person required to register on the Database was built, opened or created after the person required to register on the Database established their residence in question. SECTION 2. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Five Hundred Dollars and no cents ($500.00) for each violation of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any 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 phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances acid of the Code of Ordinances of the City of Sanger, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION The City Secretary of the City of Sanger is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect fiom and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS DAY OF , 2008. ATTEST: Joe Higgs, Mayor Rosalie Chavez, City Secretary AS TO FORM CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal El Yes Ll Not Applicable Council Meeting Date, Submitted By: April 7, 2008 Samantha Renz City Manager Reviewed/Approval Initials 77� Date ACTION REQUESTED: ®ORDINANCE #04-09-08 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct Public Hearing on Ordinance #04-09-0& Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Pharmacy and Medical Equipment Sales and Distribution on property Legally Described as Utility Park, Block 1, Lot 3. Property is Located at 808 Utility Road. Consider and Possible Action on Ordinance #04-09-08 - Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Pharmacy and Medical Equipment Sales and Distribution on Property Legally Described as Utility Park, Block 1, Lot 3. Property is Located at 808 Utility Road. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM This is an existing building on Utility Road. They came to get a Certificate of Occupancy, and the City requires an SUP for medical equipment Sales in I4 zoning. STAFF OPTIONS & RECOMMENDATION Approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Ordinance P&Z Unanimously approved 03/20/08 ORDINANCE N0.04-09-08 AN ORDINANCE OF THE CITY OF SANDER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR RETAIL SALES ON A TRACT OF LAND PARTICULARLY DESCRIBED AS Utiltiy Parl, Block 11 LOT 3; PROVIDING SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Sanger and the governing body of the City of Sanger, in compliance with the laws of the State of Texas and the ordinances of the City of Sanger, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the governing body, in the exercise of its legislative discretion, has concluded that the Comprehensive Zoning Ordinance and Map should be amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANDER, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Sanger, Texas, duly passed by the governing body of the City of Sanger on the 3rd day of August, 1987, as heretofore amended, be, and the same is hereby amended by granting a specific use permit for pharmacy and medical equipment sales and distribution in an Industrial 1 (I-1) zoning district on a tract of land, in Sanger, Denton County, Texas, and more particularly described as Utility Park, Block 1, Lot 3. Located at 808 Utility Road. to -wit: SECTION 2. That the specific use permit is subject to the following special conditions, 1. Pharmacy and Medical equipment Sales and Distribution shall be allowed; however, all applicable city ordinances shall be met. SECTION 3. That all provisions of the ordinances of the City of Sanger in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. That the above-descnDed tract of land shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Sanger, Texas, as heretofore amended. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Sanger, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00} for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage, and the publication of the caption, as the law and charter in such cases provide. of DiTLY PASSED by the City Council of the City of Sanger, Texas, on the day APPROVED: JOE HIGGS, MAYOR ATTEST: ROSALIE CHAVEZ, CITY SECRETARY CITY OF NANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ workshop ❑ Executive ❑ Public Hearing Reviewed by Legal 0 Yes Ej Not Applicable Council Meeting Date: Submitted By: April 7, 2008 Samantha Renz City Manager Reviewed/Approval Initials Date �/ o ACTION REQUESTED: ❑ORDINANCE 04-10-08 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Conduct Public Hearing on Ordinance #04.10-0& Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Retail Sales in an Industrial 1 (I4) Zoning District on Property Legally Described as Pate Addition Lot 3. Property is Located at 708 8th Street. Consider and Possible Action on Ordinance #04-10-08 - Amending the Comprehensive Zoning Ordinance and Granting a Specific Use Permit for Retail Sales in an Industrial 1 (14) Zoning District on Property Legally Described as Pate Addition Lot 3. Property is Located at 708 8' Street. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE []REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM This is an existing building on 8 h Street (behind Sonic). They came to get a Certificate of Occupancy, and the City requires an SUP for Retail Sales in I4 zoning. STAFF OPTIONS & RECOMMENDATION Approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Ordinance P&Z Unanimously approved 03/20/08 ORDINANCE N0.04-10-08 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR RETAIL SALES ON A TRACT OF LAND PARTICULARLY DESCRIBED AS PATE ADDITION, LOT 3; PROVIDING SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of Sanger and the governing body of the City of Sanger, in compliance with the laws of the State of Texas and the ordinances of the City of Sanger, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the governing body, in the exercise of its legislative discretion, has concluded that the Comprehensive Zoning Ordinance and Map should be amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Sanger, Texas, duly passed by the governing body of the City of Sanger on the 3rd day of August, 1987, as heretofore amended, be, and the same is hereby amended by granting a specific use permit for retail sales in an Industrial 1 (I-1) zoning district on a tract of land, in Sanger, Denton County, Texas, and more particularly described as Pate Addition, Lot 3. Located at 708 8th Street.. to -wit: SECTION 2. That the specific use permit is subject to the following special conditions, 1. Retail Sales shall be allowed; however, all applicable city ordinances shall be met. SECTION 3. That all provisions of the ordinances of the City of Sanger in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. That the above -described tract of land shall be used only in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Sanger, Texas, as heretofore amended. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Sanger, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate SECTION �. That this ordinance shall take effect immediately from and after its passage, and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Sanger, Texas, on the day JOE HIGGS, MAYOR ATTEST: ROSALIE CHAVEZ, CITY SECRETARY CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE N Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable El Yes El Not Applicable Council Meeting Date: Submitted By: April 7, 2008 Samantha Renz City Manager Reviewed/Approval Initials �� Date _ ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # N APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS N OTHER Public heraing AGENDA CAPTION Conduct Public Hearing on a Replat of Lot 1, Block A, Gaffke Replat. Being a Replat of Lots 1-8, Block 1, Lots 14, Original Townsite of Sanger. Consider and Possible Action Regarding a Replat of Lot 1, Block A, Gaffke Replat. Being a Replat of Lots 1-8, Block 1, Lots 1-7, Original Townsite of Sanger. FINANCIAL SUMMARY NN/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM This is basically a formality. They replatted the property at the City's request. This is the We Package It building. This will combine all of the lots into one legal tract of land. STAFF OPTIONS & RECOMMENDATION Approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: P&Z Unanimously approved 03/20/08 cat CITY COUNTCIL TEXAS AGENDA BRIEFING Meeting Date: 04-07-08 Prepared Robert Woods, P.E. by: Samantha Renz Subject Gaffke Replat STAFF REVIEW COMMENTS: Zoning: This property is currently zoned Industrial 2 (I-2) with an SUP for the proposed business (organic fertilizer) SUMMARY: The proposed plat appears to satisfy the platting standards contained within the Code of Ordinances of the City of Sanger. This is basically a formality in order to combine all of the lots of record in#o one lot of record. TENTATIVE SCHEDULE: Planning & Zoning March 20, 2008 Commission: City Council: April 7, 2008 RECOMMENDATION: Staff recommends approval of the Gaflke Replat. 4-01-2008 08:21 AM 001-GENERAL FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ REVENUE SUMMARY CHARGES FOR SERVICES 33,600.00 1,515.76 17,063.01 50.78 SOLID WASTE 0.00 0.00 0.00 0.00 SWIMMING POOL 71500.00 0.00 3.02 0.04 TAXES, PENALTIES & INTERE 211501000.00 15,857.32 21014,263.36 93.69 HOTEL TAX 141000.00 0.00 61428.27 45.92 STATE SALES TAX 5101000.00 39,785.26 2501220.74 49.06 MIXED DRINK TAX 21000.00 0.00 11953.62 97.68 BUILDING PERMITS 100,000000 3,725.00 331054.40 33.05 HEALTH PERMITS 221575.00 1/050000 13,540.00 59.98 LICENSES 31000.00 180.00 11080.00 36.00 MUNICIPAL COURT 152,570.00 16,982.47 791686.14 52.23 FRANCHISE FEES 299,000900 662.94 90,768.85 30.36 LIBRARY 25,869.00 507.30 35,899.97 138.78 FIRE 435,000.00 12,790.94 136,930.15 31.48 INTEREST 38,000.00 165.60 591921.54 157.69 SANITATION TRANSFERS 498,000.00 471520.06 275,053.29 55.23 CARRY OVER BOND FUNDS 31988,333.00 0.00 379,786.38 9.52 MISCELLANEOUS 138,800.00 11061.80 81,178.55 58.49 P"- GET TRANSFER 274,557.00 0.00 1751307.00 63.85 *** TOTAL REVENUES *** 8,692,804.00 141,804.45 3,652,138.29 42.01 Mi►�aiili�illii)i�.`lilului \'.i`1 00-GRANT & SAVINGS EXP. 0.00 0.00 2,588.33 0.00 01-CIP BOND EXPENSES 3,988,333.00 0.00 379,310.15 9.51 10-MAYOR AND COUNCIL 53,149.00 11813.51 58,899.66 110.82 15-ADMINISTRATION 222,383.00 17,079.23 108,011.74 48.57 18-ENGINEERING 97,780.00 81174.98 48,865.98 49.98 20-POLICE 859,712.00 79,531.93 4361429.11 50.93 22-ANIMAL CONTROL 68,192900 41700.82 29,355.99 43.05 24-FIRE 334,426.00 32,777.66 189,178.27 57.32 25-AMBULANCE 222,045.00 18,126.55 152,150.00 68.54 26-MUNICIPAL COURT 142,906900 12,087.78 74,067.72 51.83 27-CUSTODIAL 16,543.00 401.59 81213.93 49.65 28-ENFORCEMENT/INSPECTION 185,835900 11,741.21 88,193.79 47.46 30-STREETS 278,703.00 16,032.77 124,434.40 45.17 32-PARKS 442,496.00 30,191.67 192,904.78 44.17 34-POOL 49,311900 11742.10 4,923.18 9.98 36-VEHICLE MAINTENANCE 871172.00 51627.36 32,460.54 39.68 40-SULLIVAN CENTER 81350.00 195.64 61214.08 74.42 42-LIBRARY 161,728.00 10,890972 74,681.69 50.19 C I T Y O F S A N G E FINANCIAL STATEMENT AS OF: MARCH 31ST, 001-GENERAL FUND 2008 CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 44-COMMUNITY CENTER 61900.00 387.98 11682.81 24.39 48-MAIN STREET 0.00 0.00 0.00 0.00 46-ECONOMIC DEVELOPMENT 183,276.00 31498.72 61,606.02 33.61 60-TAX SERVICES 21,580.00 5f022.22 12,639.41 58.57 62-HEALTH SERVICES 81400.00 0.00 41125.00 49.11 64-AMBULANCE SERVICES 0.00 0.00 0.00 0.00 66-SOLID WASTE 440,000.00 40,598.65 234,727.27 53.35 70-DEBT SERVICE 813,584900 31888.11 185,199.78 22.76 *** TOTAL EXPENDITURES *** 8,692,804.00 304,511.20 21510,863963 29.08 ** REVENUES OVER(UNDER) EXPENDITURES ** 0.00 ( 162,706.75) 11141,274.66 0.00 274,557.00 0.00 175,307.00 63.85 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES (USES) ( 274,557.00) 0.00 ( 175,307.00) 63.85 4-01-2008 08*21 AM 001-GENERAL FUND C I T Y O F S A N G E R FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 ENUES CURRENT CURRENT Y-T-D It OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ REVENUES 00-4120 COMMUNITY CTR. FEES 6,000.00 410.00 2,575.00 42.92 00-4130 VARIANCES & PLATS 221500.00 1,005.00 111718.63 52.08 00-4140 COMMUNITY CENTER DEPOSITS 1/000000 ( 320.00) 427.50 42.75 00-4150 DOG POUND FEES 41100.00 437.00 21065.00 50.37 00-4160 TAX CERTIFICATE 0.00 0.00 0.00 0.00 00-4170 LANDFILL FEES 0.00 0.00 0.00 0.00 00-4175 GARBAGE BAGS 0.00 ( 16.24) 276.88 0.00 00-4180 GRANT FUNDS NCTCOG 0.00 0.00 0.00 0.00 TOTAL CHARGES FOR SERVICES 33,600.00 11515.76 17,063.01 50.78 SOLID WASTE 00-4190 SOLID WASTE COLLECTIONS (TRFS) TOTAL SOLID WASTE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SWIMMING POOL 00-4210 SWIMMING POOL INCOME 71500.00 0.00 3.02 0.04 TOTAL SWIMMING POOL 71500.00 0.00 3.02 0.04 TAXES, PENALTIES & INTERE 00-4310 PROPERTY TAX 2,130,000.00 14,359.30 2,001,145.76 93.95 00-4321 PENALTY & INTEREST 20,000.00 11498.02 131117.60 65.59 TOTAL TAXES, PENALTIES & INTERE 211501000.00 15,857.32 21014,263.36 93.69 HOTEL TAX 00-4410 HOTEL MOTEL TAX 14,000.00 0.00 6,428.27 45.92 TOTAL HOTEL TAX 14,000.00 0.00 6,428.27 45.92 STATE SALES TAX 00-4425 STATE SALES TAX 510,000900 39,785.26 2501220.74 49.06 TOTAL STATE SALES TAX 510,000.00 39,785.26 2501220.74 49.06 4-01-2008 08*21 AM 001-GENERAL FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 ENUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ MIXED DRINK TAX 00-4450 MIXED DRINK TAX TOTAL MIXED DRINK TAX BUILDING PERMITS 00-4510 BUILDING PERMITS TOTAL BUILDING PERMITS HEALTH PERMITS 2,000.00 2,000.00 100,000.00 100,000000 0.00 0.00 3,725.00 3,725.00 1,953.62 97.68 1,953.62 97.68 33,054.40 33.05 33,054.40 33.05 00-4520 HEALTH PERMITS 22,575.00 1,050.00 13,540.00 59.98 TOTAL HEALTH PERMITS 22,575600 1/050900 13,540.00 59.98 LICENSES 00-4530 ELECTRICAL LICENSES 1/000000 20.00 380.00 38.00 00-4540 PLUMBING LICENSE FEES 1/000000 140.00 480.00 48.00 00-4550 AC & MECHANICAL LICENSE FEES 1/000000 20.00 220.00 22.00 "OTAL LICENSES 3,000.00 180.00 1/080000 36.00 MUNICIPAL COURT 00-4600 DEFAULT/COURT 10,000000 290.00 5,775.00 57.75 00-4601 RESTITUTION FEE-LOCAL-RSTL 0.00 0.00 0.00 0.00 00-4602 RESTITUTION FEE-STATE-RSTS 0.00 0.00 0.00 0.00 00-4603 JUDICIAL FEE-COUNTY-JFCT 0.00 389.24 103.28 0.00 00-4604 JUDICIAL FEE -CITY 0.00 48.08 515.70 0.00 00-4605 TEEN COURT 0.00 0.00 0.00 0.00 00-4606 EXPUNCTION FEE-EXPUNG 0.00 0.00 0.00 0.00 00-4607 STATE TRAFFIC FEE 2/000900 11379.73 619.63 30.98 00-4608 CONSOLIDATED COURT COST04 4,000.00 3,285.08 607.98 15.20 00-4609 STATE JURY FEE-SJRF 1/000000 320.50 235.26 23.53 00-4610 CONSOLIDATED COURT COSTS 0.00 51.00 45.03 0.00 00-4611 CJP - POLICE 0.00 0.00 0.00 0.00 00-4612 LEMI COURT COST 0.00 0.00 0.00 0.00 00-4613 LEOA COURT COSTS 0.00 0.00 0.00 0.00 00-4614 JUVENIL CRIME & DELINQUENCY 0.00 1.50 1.32 0.00 00-4615 CHILD SAFETY COURT COST 1/000800 0.00 71023.74 702.37 00-4616 SECURITY FEES 11200.00 257.25 683.57 56.96 00-4617 INSURANCE & DISMISSAL FEES 21000.00 60.00 220.00 11.00 00-4619 JCPT 0.00 6.00 5.29 0.00 00-4620 DAP DEFERRED ADJUDICATION 34,500.00 1,665.00 13,258991 38.43 00-4624 TECHNOLOGY FEE COURT 1/500000 343.00 11420.10 94.67 00-4625 FINES 73,000.00 61140.96 34,500.56 47.26 4-01-2008 08*21 AM 001-GENERAL FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 b iNUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 00-4626 IMPOUND FEES 550.00 0.00 0.00 0.00 00-4627 WARRANT FEES - FTA 7,500.00 993.90 71589.50 101.19 00-4628 ARREST FEES 6,820.00 423.75 21477.62 36.33 00-4630 LEOSE-POLICE 0.00 0.50 0.50 0.00 00-4631 FUGITIVE APPRENHENSION 0.00 15.00 13.25 0.00 00-4632 TIME PAYMENT FEES 0.00 0.00 0.00 0.00 00-4633 CTVOC - POLICE 0.00 45.00 39.73 0.00 00-4636 CORR.MANGT.INSTIT.CJCF 0.00 1.00 0.83 0.00 00-4637 TRAFFIC CODE 21600.00 138.00 771.30 29.67 00-4640 DEF.DRIVING. DDC (COURT) 21000.00 70.00 520.00 26.00 00-4642 CASH BONDS COURT 11200.00 400.00 400.00 33.33 00-4643 TIME PAYMENT LOCAL 1,700.00 194.05 11244.72 73.22 00-4644 SEATBELT SAFETY 0.00 0.00 ( 150.00) 0.00 00-4645 MUNICIPAL SERVICE BUREAU 0.00 153.03 11286.78 0.00 00-4646 TIME PAYMENT STATE 0.00 194.07 ( 159.75) 0.00 00-4647 BEER & WINE PERMIT FEES 0.00 0.00 430.00 0.00 00-4648 INDIGENT DEFENSIVE FD. 0.00 116.83 206.29 0.00 TOTAL MUNICIPAL COURT 152,570.00 16,982.47 79,686.14 52.23 FRANCHISE FEES O' 4650 FRANCHISE FEES-ATMOS ENERGY 40,000.00 0.00 0.00 0.00 (, 1660 FRANCHISE FEES/EMBARG 17,000.00 5.25 71632.36 44.90 00-4670 FRANCHISE FEES-COSERVE DCEC 80,000.00 0.00 401381.20 50.48 00-4680 FRANCHISE FEES-CEBRIDGE 12,000.00 0.00 11,498.42 95.82 00-4685 FRANCHISE FEES EF 150,000.00 0.00 30,000.00 20.00 00-4690 FRANCHISE FEE/IESI DUMPSTERS 0.00 657.69 11256.87 0.00 TOTAL FRANCHISE FEES 299,000.00 662.94 90,768.85 30.36 LIBRARY 00-4710 LIBRARY - DENTON CO. INT/LOCAL 17,369.00 0.00 14,000.00 80.60 00-4720 MISC. INCOME LIBRARY 81500.00 507.30 21,899.97 257.65 TOTAL LIBRARY 25,869.00 507.30 35,899697 138.78 FIRE 00-4740 FIRE-DENTON CO. INT/LOCAL 00-4750 FIRE RUNS/ REIMB.AMB. DENTON 00-4760 F.I.R.E. INSURANCE BILLING 00-4770 INTERMEDIX REVENUE(AMB) 00-4780 TDHCA STATE GRANT FUNDS" TOTAL FIRE 10,000.00 175,000.00 0.00 250/000800 0.00 435,000.00 0.00 0.00 0.00 12,790e94 0.00 10,000.00 102,875.36 0.00 241054.79 0.00 12,790.94 136,930.15 100.00 58.79 0.00 9.62 0.00 31.48 4-01-2008 08:21 AM 001-GENERAL FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 L NUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ INTEREST 00-4800 INTEREST INC. G.F. 28,000.00 0.00 56,666.89 202.38 00-4801 INT. INCOME DEBT SERVICE 10,000.00 165.60 31254.65 32.55 TOTAL INTEREST 38,000.00 165.60 59,921.54 157.69 SANITATION TRANSFERS 00-4891 SANITATION TRANSFER FR ENT.FDS 498,000.00 47,520.06 2751053.29 55.23 TOTAL SANITATION TRANSFERS 498,000.00 47,520.06 275,053.29 55.23 CARRY OVER BOND FUNDS 00-4901 2006 CARRY OVER BOND FDS 00-4902 07 CARRY OVER BOND FD. PWKS TOTAL CARRY OVER BOND FUNDS MISCELLANEOUS 00-4910 MISC. INC. G.F. 0' 4911 BEAUTIFICATION BOARD ( 912 OVER AND UNDER 00-4913 FEMA DISATER FUNDS 00-4914 TDHCA GRANT FUNDS 00-4915 TDCA SECTION VII HOUSING ASST. 00-4920 SANGER ISD/RESOURCE OFFICER 00-4930 RETURN CHECK FEES 00-4940 PARK DONATIONS/GRANT FDS 00-4950 LOAN PROCEEDS FOR POLICE BLDG 00-4960 BOND PROCEEDS 00-4980 DUE FROM ENT. FD PAYROLL 00-4985 TRANSFERS FROM 4A/4B TOTAL MISCELLANEOUS 00•• i TOTAL *** TOTAL REVENUES *** 3,500,000.00 488,333.00 3,988,333.00 0.00 0.00 0.00 200,342.47 179,443991 379,786.38 9 .52 20,000.00 900.25 25,648.36 128.24 6,800.00 41.55 515.55 7.58 0.00 0.00 0.00 0.00 0.00 0.00 91218.35 0.00 0.00 0.00 0.00 0.00 2,000.00 120.00 840.00 42.00 30,000.00 0.00 32,456.29 108.19 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 80,000000 0.00 12,500.00 15.63 138,800.00 11061.80 81,178.55 58.49 274,557.00 0.00 174,557.00 63.58 0.00 0.00 750.00 0.00 274,557.00 0.00 175,307900 63.85 81692,804.00 1411804.45 31652,138.29 42.01 4-01-2008 08:21 AM C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 001-GENERAL FUND 00-GRANT & SAVINGS EXP. I iRTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 50-CHECK CHARGES 00-5000 CHECK CHARGES TOTAL 50-CHECK CHARGES 74-NON DEPARMENTAL 00-7445 SANGER HISTORICAL EXP. 00-7460 GRANT WORKS- (SAFE ROUTE) TOTAL 74-NON DEPARMENTAL 75-GRANT AND SVGS 00-7520 TX DEPT OF TRANSPORTATION 00-7530 PROPERTY PURCHASE/CARLAW 00-7535 AMBULANCE & FIRE TRK EXPENSE 00-7540 GRANT EXPENDITURES 00-7545 EVA BRUCE PROP. TAXES 00-7550 HOME GRANT EXPENDITURES 0' 7560 G.F.EQUIP. REPL SVGS EXP. C /561 MISC EXP. TECHONOGY FD 00-7562 HOTEL MOTEL SVGS. ACCT. EXP 00-7565 LIBRARY MM EXPENSES 00-7570 PARK EXPENSES & (GRANT EXP) 00-7585 BEAUTIFICATION BOARD SVGS EXP TOTAL 75-GRANT AND SVGS EXPENSE E�i�75i3� iiYSimi�Yi■i�1Ci7iY'��ii.��.i 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 149.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11688.59 0.00 0.00 0.00 750.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,588.33 0.00 0.00 0.00 2,588.33 0.00 4-01-2008 08:21 AM C I T Y O F S A N G E R FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 001-GENERAL FUND 01-CIP BOND EXPENSES I; '�RTMENT EXPENDITURES CURRENT CURRENT Y-T-D OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 74-NON DEPARMENTAL 01-7460 2006 CIP BOND EXPENSE O1-7470 2007 BOND EXP PWKS FACILITY TOTAL 74-NON DEPARMENTAL *** DEPARTMENT TOTAL *** 3,500,000.00 0.00 201,399.15 5.75 488,333.00 0.00 177,911.00 36.43 3,988,333.00 0.00 379,310.15 9.51 3,988,333.00 0.00 379,310.15 9.51 4-01-2008 08:21 AM 008-ENTERPRISE FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 CURRENT BUDGET CURRENT PERIOD ACTUAL BUDGET WATER 1,140,000.00 74,864.20 494,264.23 43.36 L SEWER 802,000.00 66,152.19 418,539953 52.19 SANITATION 536,383900 47,039.09 277,423.93 51.72 ELECTRIC GROUP 71023,584.00 483,967.64 31325,547.65 47.35 WATER TAPS 152,250.00 41000.0O 42,000.00 27.59 SEWER TAPS 155,250.00 41000.00 38,000900 24.48 CONNECT FEES 37,065.00 31200.00 17,485.00 47.17 OTHER INCOME 41600.00 ( 89.74) 11031.94 22.43 INTEREST 160,000000 2/371601 132,480.15 82.80 SANITATION TRANSFERS ( 498,000.00) ( 47,520.06) ( 275,053.29) 55.23 CARRY OVER BOND FUNDS 21697,861.00 0.00 2881253.42 10.68 MISCELLANEOUS INCOME 15,200.00 11718.70 151314.43 100.75 BUDGET TRANSFER ( 274,557.00) 0.00 ( 170,143.52) 61.97 *** TOTAL REVENUES *** 11,951,636.00 639,703.03 41605,143.47 38.53 F'"'ENDITURE SUMMARY 00-SAVINGS &MM EXPENSES 0.00 0.00 41499.48 0.00 01-CIP BOND EXPENSES 21697,861.00 0.00 434,222.54 16.10 10-MAYOR AND COUNCIL 8/975900 1,813.49 14,582.39 162.48 15-ADMINISTRATION 222,383.00 19,535975 1061850.99 48.05 18-ENGINEERING 97,780.00 81174.96 48,285.39 49-938 19-DATA PROCESSING 295,973.00 15,208.19 119,274.35 40.34 27-CUSTODIAL 16,543.00 401.59 7,503.71 45.36 36-VEHICLE MAINTENANCE 87,172.00 51440.33 32,394.01 39.52 50-WATER 878,465.00 65,870.64 366,715.98 42.44 52-WASTE WATER COLLECTION 188,467900 36,085951 45,544.99 24.17 54-WASTE WATER TREATMENT 303,778.00 19,409.04 122,694.46 40.39 58-ELECTRIC 61126,854.00 464,943.52 218801008.57 48.18 70-DEBT SERVICE 11016,595900 0.00 155,391.25 15.29 *** TOTAL EXPENDITURES *** 11,940,846.00 636,883.02 4,337,968.11 37.00 ** REVENUES OVER(UNDER) EXPENDITURES ** 10,790.00 21820.01 267,175.36 733.50 ( 274,557.00) 0.00 ( 170,143.52) 61.97 0.00 0.00 0.00 0.00 4-01-2008 08:21 AM [IIII�aINt11i�i i.]71IF��i�liJ�1�7 C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 CURRENT CURRENT Y-T-D o OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES (USES) 274,557.00 0.00 170,143.52 61.97 4-01-2008 08*21 AM 008-ENTERPRISE FUND Fi INUES C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 CURRENT CURRENT BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ REVENUES WATER 00-4000 UTILITY UNRESOLVE DIFFERENCE 0.00 0.00 0.00 0.00 00-4101 UNRESOLVE CUSTOMER'S DEPOSIT 0.00 0.00 0.00 0.00 00-4110 WATER BILLING 11140,000900 74,864.20 4941264.23 43.36 TOTAL WATER 11140,000.00 741864.20 494,264623 43.36 SEWER 00-4120 SEWER BILLING 802,000.00 66,152.19 418,539.53 52.19 TOTAL SEWER 802,000.00 66,152919 418,539.53 52.19 SANITATION 00-4130 SANITATION BILLING 536,383.00 47,039.09 277,423.93 51.72 TOTAL SANITATION 536,383.00 47,039.09 277,423.93 51.72 ELECTRIC GROUP 00-4140 ELECTRIC INCOME 51850,000.00 3851186.74 21811,455637 48.06 00-4145 SECURITY LIGHTS 39,920.00 31292.39 19,877.83 49.79 00-4150 DEMAND CHARGE 990,000000 81,739.28 419,126.72 42.34 00-4155 SALES TAX INCOME 0.00 0.00 0.00 0.00 00-4160 PENALTIES BILLED 143,664900 13,749.23 75,087.73 52.27 TOTAL ELECTRIC GROUP 71023,584.00 483,967964 31325,547665 47.35 WATER TAPS 00-4200 WATER TAPS 152,250.00 4,000.00 42,000.00 27.59 TOTAL WATER TAPS 152,250.00 41000.00 42,000.00 27.59 SEWER TAPS 00-4220 SEWER TAPS 155,250.00 4,000.00 TOTAL SEWER TAPS 155,250.00 4,000.00 38,000.00 24.48 38,000.00 24.48 4-01-2008 08:21 AM 008-ENTERPRISE FUND C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 F lNUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ CONNECT FEES 00-4300 CONNECT FEES TOTAL CONNECT FEES 37,065.00 37,065.00 3,200.00 3,200900 17,485.00 47.17 17,185.00 47.17 OTHER INCOME 00-4400 SALES TAX 0.00 0.00 24.22 0.00 00-4500 METER BASES 0.00 0.00 60.00 0.00 00-4510 SAWSET POLE FEE 41600.00 120.00 11260.00 27.39 00-4520 DELQ. ACCT. ARRS. 0.00 0.00 0.00 0.00 00-4530 POLE CONTACT FEES 0.00 0.00 0.00 0.00 00-4540 MINOR TOOLS 0.00 0.00 0.00 0.00 00-4550 OVER & UNDER E.F. 0.00 ( 209.74) ( 312.28) 0.00 TOTAL OTHER INCOME 41600.00 ( 89.74) 11031.94 22.43 INTEREST 00-4800 INTEREST INCOME E.F. 50,000000 21371.01 123,654.90 247.31 00-4801 INTEREST INCOME DEBT SERV. 110,000000 0.00 81825.25 8.02 O` 4802 INTEREST 91 SERIES 0.00 0.00 0.00 0.00 C 1860 BOND PROCEEDS 0.00 0.00 0.00 0.00 TOTAL INTEREST 160,000.00 2,371.01 132,480.15 82.80 SANITATION TRANSFERS 00-4891 SANITATION TRANSFER TO GF ( 498,000.00) ( 47,520.06) ( 275,053.29) 55.23 TOTAL SANITATION TRANSFERS ( 498,000900) ( 47,520.06) ( 275,053.29) 55.23 CARRY OVER BOND FUNDS 00-4900 06 CARRY OVER BOND FUNDS 11721,194.00 0.00 285,846.89 16.61 00-4901 07 CARRY OVER BOND FUNDS 976,667.00 0.00 21406.53 0.25 TOTAL CARRY OVER BOND FUNDS 21697,861.00 0.00 288,253.42 10.68 MISCELLANEOUS INCOME 00-4910 MISC. INCOME ENTR.FD 10,000.00 11508.70 13,284.43 132.84 00-4920 INSUFF. CHECKS RECOVERED 0.00 0.00 0.00 0.00 00-4930 RETURN CHECK FEES 51200.00 210.00 2/030900 39.04 00-4935 WALMART PROCEEDS FOR TXCAP.FD 0.00 0.00 0.00 0.00 00-4940 DUE TO E.F. FROM 96 ESCROW CON 0.00 0.00 0.00 0.00 00-4945 TX.CAPITAL FD. PROCEEDS 0.00 0.00 0.00 0.00 00-4950 PRIOR YEAR INCOME 0.00 0.00 0.00 0.00 00-4980 GNB LOAN PROCEEDS 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 15,200900 11718.70 151314.43 100.75 4-01-2008 08:21 AM C I T Y O F S A N G E R FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 008-ENTERPRISE FUND F ;NUES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ BUDGET TRANSFER 00-4990 BUDGET TRANSFERS (OUT) 00-4991 TRANSFER FROM MM, SVGS. TOTAL BUDGET TRANSFER *** TOTAL REVENUES *** ( 274,557.00) 0.00 ( 274,557.00) 0.00 0.00 0.00 ( 174,557.00) 63.58 4,413.48 0.00 ( 170,143.52) 61.97 11,951,636.00 639,703.03 4,605,143.47 38.53 4-01-2008 08*21 AM C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 008-ENTERPRISE FUND 00-SAVINGS &MM EXPENSES I .RTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 70-DEBT SERVICE 00-7006 99 REV. BOND INTEREST 0.00 0.00 0.00 0.00 00-7007 99 REV. BOND FEES 0.00 0.00 0.00 0.00 TOTAL 70-DEBT SERVICE 0.00 0.00 0.00 0.00 50-CHECK CHARGES 00-5000 BANK SERVICE CHARGE ORDERS 0.00 0.00 0.00 0.00 TOTAL 50-CHECK CHARGES 0.00 0.00 0.00 0.00 59-SVS, MM, GRANT EXP. 00-5900 SAFETY & INCENTIVE SVGS, EXPS. 0.00 0.00 41413.48 0.00 00-5905 ONE PLUS EXPENSE 0.00 0.00 0.00 0.00 00-5910 OF EQUIP REPL. EXPENSES 0.00 0.00 0.00 0.00 00-5970 BILLING OVERPAYMENT 0.00 0.00 0.00 0.00 00-5980 DUE TO GF FROM EF PY ERROR 0.00 0.00 0.00 0.00 TOTAL 59-SVS, MM, GRANT EXP, 0.00 0.00 41413.48 0.00 71-PROJECT EXPENSES 00-7100 DEVELOPMENT AGREEMENT EXPS. 0.00 0.00 0.00 0.00 00-7150 WATER WELL PROJECT EXPENSE 0.00 0.00 0.00 0.00 TOTAL 71-PROJECT EXPENSES 0.00 0.00 0.00 0.00 72-NON DEPARTMENTAL 00-7200 DATA MATIC 0.00 0.00 0.00 0.00 00-7201 WATER TREATMENT CONST. 0.00 0.00 0.00 0.00 00-7210 WATER WELL EXPENSE 0.00 0.00 0.00 0.00 00-7240 WA. CAPITAL IMPR. EXP. 0.00 0.00 0.00 0.00 00-7245 SEWER CAPITAL IMP. EXPENSE 0.00 0.00 0.00 0.00 00-7250 BOLIVAR WA.CORP. EXP/SUB/ATT 0.00 0.00 0.00 0.00 00-7260 SEWER EASMENT 0.00 0.00 0.00 0.00 TOTAL 72-NON DEPARTMENTAL 0.00 0.00 0.00 0.00 4-01-2008 08:21 AM C I T Y O F S A N G E R FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 008-ENTERPRISE FUND 00-SAVINGS &MM EXPENSES I RTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 74-NON DEPARMENTAL 00-7400 SESCO SETTLEMENT 00-7410 TEXAS CAPITAL FD EXPENSES 00-7440 EMPL.OF YR EXP./FLOWERS 00-7445 DOCUMENT SHREDDING 00-7460 2006 REV BD CONST. EXPENSES 00-7470 07 BD EXPENSE PWKS BLDG. TOTAL 74-NON DEPARMENTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50.00 0.00 0.00 0.00 0.00 0.00 36.00 0.00 0.00 0.00 0.00 0.00 86.00 0.00 0.00 0.00 0.00 0.00 0.00 75-GRANT AND SVGS EXPENSE 00-7500 00-7501 00-7503 00-7504 TOTAL 96 SEWER IMPROVEMENTS LEASE PWRKS. BLDG HOWARD ASHCRAFT REIMB. OV.PY HOME RULE ELECTION EXP. 75-GRANT AND SVGS EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 *** DEPARTMENT TOTAL *** 0.00 0.00 4,499.48 -------------- -------------- 0.00 4-01-2008 08*21 AM C ITY OF SANGER FINANCIAL STATEMENT AS OF: MARCH 31ST, 2008 008-ENTERPRISE FUND 01-CIP BOND EXPENSES I >RTMENT EXPENDITURES CURRENT CURRENT Y-T-D % OF BUDGET PERIOD ACTUAL BUDGET ------------------------------------------------------------------------------------------------ 74-NON DEPARMENTAL 01-7460 2006 CIP BOND EXPENSES 01-7470 2007 BOND EXPS.PWK FACILITY TOTAL 74-NON DEPARMENTAL *** DEPARTMENT TOTAL *** 1,721,194.00 0.00 431,816.01 25.09 976,667.00 0.00 2,406.53 0.25 2,697,861.00 0.00 434,222.54 16.10 2,697,861.00 0.00 434,222.54 16.10 Citylo Sanger, Texas Descri fion of Items Project. New City Hall Demolition and removal of interior components Demolition and removal of HVAC Units Temporary Electrical PowerlDisconnection of Power Thirty Yard Dum ster Rental Phase: Demolition Date of Expense Summary* March 31, 2008 Greg Hedges Construction 5839 Stone Creek Road Sanger, TX 76266 $ 5,29000 $ 350.00 Roger Otwell w/ 4-T Heat & Air 3884 Lois Rd Sanger, TX 76266 $ 11,800000 Do -All Electric P.O. Box 447 Sanger, TX 76266 $ 11000600 Ace AC & Heating 6721 FM 2164 Sanger, TX 76266 R & T Electric, LLC P.O. Box 1143 215 Elm Street Sanger, TX 76266 $ 670.00' R & B Services 401 N. Old Orchard Suite 927 Lewisville, TX 75067 R & B Services 401 N. Old Orchard ; Suite 927 Lewisville, TX 75067' $ 725.00 IESI Justin 802 Topeka Justin, TX 76247 $ 575.00 Selected Amount: $ 5,290.00 $ 300.00 $ 670.00 $ 575.00 Total Amount of Expenditures as of the date of this report) $ 69835.00 r;l y SECRETARY !GINAL COPY `March 24, 2008 City Manager Brice, Mayor Higgs, and Council Members: It has been my pleasure to serve on the 4B Corporation Board since it was formed on November 24,1998. That is almost ten years and I feel it is time for me to step to one side so someone else can have the opportunity and experience of serving the City in this way. I have enjoyed these years but please appoint someone else to take my place at appointment time. My best wishes are with each of you and the 4B Board as they deal with many projects in the future. Sincerely, Nel Armstrong 306 Quail Crossing Dr. Sanger, TX 76266 March 20, 2008 Dear City Council, I believe that Sanger has a problem with trash, and I would like to see something done about it. I would like to see the city of Sanger offer recycling services to its residents. Perhaps by making recycling available, the litter around town would decrease as well. How will recycling help decrease litter? It will raise the residents' awareness of environmental issues and the obligation of each citizen to be responsible when it comes to their waste. In the short time that I have lived here in Sanger (two and a half years) I have seen several visible improvements to the town — the square renovation, the new park in my neighborhood, and community participation in the Trash Off day. I believe, though, that this town has a long way to go in regards to its trash. Litter is everywhere. With Denton so close, surely we could coordinate with their recycling service to also provide pick up in Sanger. I know that curb -side recycling would be expensive. A good first step would be to have some blue recycling dumpsters brought in and set up so the citizens of Sanger could bring their recyclable items and deposit them in the dumpsters. Then, Denton's recycling company could come empty our dumpsters periodically. I believe that most people who don't currently recycle would, if it was more convenient for them to do so. It will take time for the citizens of this town to become responsible for disposing of their waste appropriately. It will require people to care a little bit more about their environment. I believe that if the city began a serious campaign to end the litter and encourage residents to recycle, this town would become a cleaner and more beautiful place in which to live. Thank you, f Valerie Bartush 940-768-9466 com MEMO Date: April 1, 2008 To: Mr. Brice, City Manager From: Mike Prater, Electric Department Superintendent I spoke with Kyle Menick and Brent Fox of Brazos Electric Cooperative concerning the rate change request that has been filed with PUC. The reasoning for this rate change request is due to transmission cost of service and investment. If this rate request is granted, an increase on our transmission billing demand charge and our transmission cost recovery factory will result in a 1.75 Yo increase monthly and an annual of 14.5 % as stated in our notice of rate change request received From Brazos Electric. For example, billing for the month of February to March 2008 would result in an increase of $418.97. NOTICE OF RATE CHANGE REQUEST On March 7, 2008, Brazos Electric Power Cooperative, Inc. ("Brazos Electric") filed its Application for Interim Update of Wholesale Transmission Rates pursuant to P.U.C. SUBST. R. 25.192(g)(1). Brazos Electric'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 rate base interim increase will be $80,545,180, with a total annual revenue requirement interim increase of $8,836,092, and an interim wholesale transmission rate of $1.208189 per kilowatt. The proposed interim revenue requirement increase represents a 14.5% increase in Brazos Electric's wholesale transmission revenue requirement. Brazos Electric has requested an effective date for the interim wholesale transmission rate of April 11, 2008. - Because the Application requests a revision to Brazos Electric'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 Commission's Substantive Rules. A complete copy of Brazos Electric's Application is available for inspection at 2404 LaSalle Avenue, Waco, TX 76706-3928. Persons who wish to intervene in or comment upon these proceedings should notify the Public Utility Commission of Texas ("Commission") as soon as possible, as an intervention deadline will be imposed. Brazos Electric has requested an intervention deadline of no more than 30 days consistent with recent such TCOS interim update cases, which set deadlines for intervention within 30 to 31 days after the filing of the application, rather than the 45-day deadline applicable to full rate cases. A request to intervene or 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. 35430. Further information may also be obtained by calling the Public Utility 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. BRAZOS ELECTRIC POWER COOPERATIVE, INC. -1- how Some may still question whether a city may withhold written consent absent an ordinance that expressly regulates or bans LED billboards. Further, cities with an outright ban on all new billboards may wish to supplement their ordinances with language that addresses LED billboards. The Commission extended the effective date of the rules to June 1, 2008, so that cities may, if they wish, adopt regulations governing these signs. The broad issue of billboard regulation is the subject of an interim legislative charge to the Senate Transportation and Homeland Security Committee and will be studied by city officials during the League's legislative policy development process later this year. Cities that decide to regulate or prohibit electronic billboards should consult with local legal counsel to ensure that appropriate changes are added to their sign ordinances. Please contact TML's legal department at 512-231-7400 or at legal@tml.org with questions. BOND TURMOIL +REVENUE CAPS = ??? According to a March 4, 2008, article in the Houston Chronicle, Houston I.S.D. officials recently postponed a planned bond issuance at the last minute because rising interest rates were unfavorable for taxpayers. The story is significant for two reasons. First, it highlights the seriousness of the current turmoil in the local government bond market. Second, it raises an interesting point about the wisdom of artificial revenue caps during a time of financial upheaval. Bond Market iin Turmoil Officials with the Houston school district, according to the newspaper article, decided to postpone the issuance of a bond package because interest rates had increased dramatically since voter approval of the issue in November 2007. The increases included a half -point jump just in the final week before the planned issue. According to data from the Bond Buyer Index, interest rates that local governments pay for general obligation bonds rose by 20 percent between March 2007 and March 2008. Such turmoil in the municipal bond market is widespread. If it's not higher interest rates that governments that means taxpayers —must pay on traonal general obligation bonds, then it's the collapse of any market whatsoever for other types of fluctuating, or auction -rate, debt. These types of debt are often considered superior to general obligation bonds because of their low rates, but they depend on a liquid market where they can be bought and resold at fluctuating interest rates. A March 6 story from the Bloomberg News cites an increase in certain auction debt interest rates from 3.63 percent in January to 6.52 percent in February, an 80-percent increase in just one month. Worse, in some areas there simply isn't a market for these securities at any rate, resulting in many issues "defaulting" to a predetermined penalty interest rate of six, eight, or in some cases in excess of ten percent. Switching from auction rate debt to more traditional bonds or notes is possible, but expensive. The Bloomberg story reports that Nassau County, New York, may have to spend $3.75 million in underwriting costs to switch from their auction -rate bonds to more stable revenue anticipation notes. Borrowers nationwide may have to pay at least $1 billion in transaction fees to "unwind" these transactions and escape the collapsing auction rate market. What is causing these increases in the cost of municipal borrowing and the collapse of viable markets for such debt? According to the various articles, the root cause is fallout from the subprime mortgage debacle. Another contributing factor is worsening financial conditions for bond insurers, a problem also linked to the mortgage crisis. In neither case are local governments the culprits, but they (along with their taxpayers) are among the victims. Time for I2isky Caps? How would mandatory, state -imposed caps on municipal revenue fit into this mix? There's an interesting point to note by returning to the Houston Chronicle story above: the local government officials who postponed the bonds had already received voter approval for the new bonds (and the tax increase that would have accompanied them). Nevertheless, solely out of concern for the added burden that higher interest rates would place on taxpayers, the local government officials took it upon themselves to postpone the new revenue the bonds would have provided. Put another way, the voters had said "go ahead," but when conditions changed, the local officials said "not so fast." This forbearance isn't very surprising to local government officials, but it would most certainly surprise proponents of revenue caps who call for restraints on local government officials who are supposedly "tone deaf' about high property taxes and "want to spend all the money they can get..." (Please see the February 21 edition of the TML Legislative Update.) What's wrong, one might ask, with additional, state -imposed restraints on local revenue? The truth is that artificial tax and expenditure caps, while never a good idea for a variety of reasons, will be particularly dangerous during a time of financial crisis. Here's why: 1. Revenue and expenditure Limits that only apply to the maintenance and _operations side of the ledger sheet, as most of the recent proposals do, would give local governments an incentive to move more of their taxing and spending to the debt side of the ledger. When bond markets are in a crisis, however, that may be the last place local governments ought to do business. Most local governments would likely do their best to resist that pressure — witness the school board officials above- but some may not be able to. 2. Artificial revenue and expenditure limits, by pushing taxes to the debt side of the ledger, discourage pay -as -you go financing, which can be much less 3 expensive than debt. Consider, for example, a city that needs to build a $1 million facility in order to comply with an EPA mandate. If the city issues a 30-year bond at five -percent interest, the city will ultimately pay over $1,900,000 in taxpayer dollars after accounting for interest. On the other hand, if the city could set aside $100,000 per year in maintenance and operations taxes for ten years, it would pay only the $1 million that the facility costs. (Actually, it would pay even less if its money earned interest while being held to pay for the facility). Tax caps may thus have the ironic effect of "protecting" the taxpayer from more affordable, common sense approaches to financing needed infrastructure. 3. Tax caps that trigger mandatory elections create additional taxpayer costs. This point has been made numerous times in this publication. Why go to the expense of an additional election when the collective wisdom of various elected officials of different backgrounds and philosophies already exerts the kind of careful oversight that occurred in the Houston area bond issuance? 4. Tax caps could harm bond ratings. (Please see the following report by Standard and Poors about the effect of tax caps on local governments in Texas, including potential negative effects on their debt ratings: htt_p•//www tml or_g/legalpdf/2008propert Ty axCaps.pdf). Lower bond ratings mean even higher interest rates, exacerbating the problem rather than fixing it. Texas cities will survive the current upheaval in the bond market. They will do so, as has always been the case, with little to no financial help from state government. Burdensome revenue caps would make that much more difficult. DOL OFFERS GUIDANCE ON MADE TO VOLUNTEERS Cities that use volunteers should be aware of a recent opinion letter issued by the U.S. Department of Labor (DOL) that provides guidance on how a city may pay its volunteers without jeopardizing its exempt status under the Fair Labor Standards Act (FLSA). The FLSA provides that volunteers may not receive compensation but may be paid "expenses, reasonable benefits, or a nominal fee." The opinion letter addressed whether certain stipends were permissible "nominal fees" (a stipend of $150 per 12-hour shift and a stipend of $19.72 per call for volunteers who respond to calls). The DOL regulations outline the following four factors to determine whether a payment is a "nominal fee:" (1) the distance traveled; (2) the time and effort expended by the volunteer; (3) whether the volunteer has agreed to be available around the clock or only 0 during certain specified time periods; and (4) whether the volunteer provides services as needed or throughout the year. The letter appears to solidify a new standard for what constitutes a "nominal fee." It provides that an employer may generally pay regular stipends to a volunteer, as long as the payment represents not more than 20 percent of what the employer would have otherwise paid a full-time worker to perform the same services. The letter also approves the practice of paying stipends on a per -shift or per -call basis, provided the payments can be fairly characterized as tied to a volunteer's sacrifice rather than productivity. The full text of the opinion letter can be found online at: iff.P://www.dol.gov/esa/whd/opinion/FLSANA/2007/2007 09 17 03NA FLSA.pdf (Note: The opinion was not signed by the administrator of the DOL Wage and Hour Division. As such, it should be regarded as guidance only. It does not constitute a ruling or interpretation that an employer is entitled to rely on as an absolute defense in the event of a lawsuit.) SEX OFFENDER RESIDENCY ORDINANCE CHALLENGED IN FEDERAL DISTRICT COUI The City of Commerce recently received notice of a suit filed against the city in federal district court challenging the city's sex offender ordinance. The ordinance states that no sex offender may live within one thousand feet of a college, school, daycare facility, park, or playground; and no child sex offender may knowingly be present in or loiter within 300 feet of those places. The plaintiff, filing anonymously as a "John Doe," challenged the ordinance on the grounds that it is : (1) unconstitutionally vague; (2) in violation of the ex post facto clause of the United States Constitution; and (3) is in violation of the substantive due process clause of the Fifth Amendment to the U.S. Constitution and impairs the sex offender's property rights. In March 2007, the Texas attorney general's office released an opinion holding that state law does not preempt a home rule municipality's ordinance prohibiting registered sex offenders from living within a specified distance from locations where children typically congregate. The opinion specifically declined to address whether such an ordinance would be permitted by the Texas Constitution, but pointed out that, up to that point, no court had found that such a residency restriction violated the United States Constitution. The complaint against the city was filed in federal court on February 25, 2008. Many Texas cities have similar ordinances, and TML will follow this litigation closely. If you have questions regarding sex offender ordinances or this litigation, please contact Lauren Crawford at (512) 231-7400 or lauren@tml.org. 5 NEW OZONE STANDARD SET OUT BY EPA The U.S. Environmental Protection Agency (EPA) recently tightened air quality standards for ground4evel ozone from the current standard of 84 parts per billion to 75 parts per billion. The goal of this reduction is to improve public health, particularly among children and the elderly. The result was anger from parties on both sides of the issue, with environmental groups pushing for a lower number and regulated entities frustrated with the "moving target" of ozone levels. While some counties such as Dallas and Harris were already out of compliance with the existing standard, counties such as El Paso and Bexar, which were in compliance with the oId standard, will be out of compliance with the new standard. The Texas counties that will be out of compliance with the new standard are: Bexar, Brazoria, Collin, Dallas, Denton, El Paso, Ellis, Galveston, Gregg, Harris, Harrison, Hood, Hunt, Jefferson, Johnson, Montgomery, Orange, Parker, Rockwall, Smith, Tarrant, and Travis. Failure to meet the new standard could eventually lead to loss of federal highway funding and other federal funds. However, according to EPA Administrator Stephen Johnson, the time allowed for coming into compliance with the new standards will vary from three years for marginal violators to 20 years for the worst violators. In addition, it is possible that the new standard will be challenged in court and delayed, possibly for years. If you have questions regarding the new standards, please contact Lauren Crawford at (512) 231-7400 or lauren@tml.org. ENERGY BLOCK GRANTS NEED FUNDING Last year, Congress created an Energy Efficiency and Conservation Block Grant program as part of a larger energy bill. The program is meant to be a funding source for cities and states to improve energy efficiency, lower energy usage, and reduce fossil fuel emissions. Under the program, Congress may appropriate up to $2 billion per year for grants. 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 would apply directly to the U.S. Department of Energy for grants; a city under 35,000 would 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). The FY 2009 federal budget is being developed now, and the budget resolution as it currently stands would call for partial, but not full, funding of the program. Meanwhile, the specifics of the block grant funding will be taken up in a departmental appropriation bill, most likely the energy -water bill, beginning in April 2008. City officials are urged to Contract their members of Congress and urge "full funding" of the Energy Efficiency and Conservation Block Grant program. 0 More information about the grant program can be obtained from the following document prepared by the National League of Cities: http://www.tml.org/legal_pdflEEC- blockgrantFAQ2.pdf. FEDERALIZED COLLECTIVE BARGI As previously reported in the TML Legislative Update (please see the July 27, 2007, and October 25, 2007, issues), H.R. 980, the Public Safety Employer -Employee Cooperation Act, has passed the U.S. House, and a similar bill, 5.2123, is being considered by the United States Senate. 5.2123 has not yet passed the Senate, but efforts to pass the bill or attach it as an amendment to another bill have intensified. This legislation would be especially harmful to Texas cities. It would require all states to pass a mandatory collective bargaining law or otherwise submit to the Federal Labor Relations Authority. The legislation would erode Texas law, which allows voter - initiated, local -option collective bargaining for some public safety employees. The bill is also an unfunded mandate that will harm cities by forcing them to divert their limited resources from protecting the public to the administration of federal collective bargaining. CO CO_ TECTI( F NFPA P CLOTHING STANDARD The National Fire Protection Association (NFPA) promulgates standards for firefighter safety. Section 419.040 of the Texas Government Code requires fire departments to follow the NFPA minimum standards for protective clothing. In June 2007, the NFPA issued the 2008 edition of Standard 1851, which requires that protective clothing be retired after ten years. Compliance with this standard would require a city fire department to purchase expensive replacements for any protective clothing that is more than ten year's old. The Texas Commission on Fire Protection (Commission) has proposed an amendment to the Texas Administrative Code (37 T.A.C. Section 435.1) that would adopt Standard 1851, but would also allow a fire department to continue using protective clothing that is older than ten years if the clothing passes advanced inspection requirements. While this amendment could reduce the expense of complying with Standard 1851, it may require a department to pay for additional inspections and repairs of older protective clothing. 7 The proposed rule amendment appeared in the March 14, 2008, edition of the Texas Register, and is available at: http://www,tcfp.state.tx.us/calendar/archive/2007/conimlOO7 notebook/comm1007 9B- 1851.pdf Comments on the proposed rule amendment may be submitted in writing within 90 days following the March 14 rule publication. Comments should be submitted to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286, or e-mailed to inf6@.tcfp.state.tx.us. More information about the proposed rule amendment, Standard 1851, and the rulemaking process is available on the Commission's Web site at http://www.tcfp.state.tx.us/. Please contact the TML legal department at 512-231-7400 or legalktml.org with questions. A' )NFIDEN �PROPO 0 On March 14, the Texas attorney general proposed detailed rulemaking regarding the new "victim address confidentiality program." This program was created by S.B. 74, which was enacted during the 2007 legislative session; it does the following: (1) creates an address confidentiality program, administered by the Texas attorney general, to protect the identity of victims of family violence; (2) requires a city to accept a substitute post office box address that is designated by the attorney general if it is presented to the city by a participant in the program; (3) provides that the attorney general by rule may permit a city to require a participant in the program to provide the participant's true address if it is necessary for the city to perform a duty or function that is imposed by law or administrative requirement; (4) requires the attorney general to disclose a participant's true address if requested by a law enforcement agency; (5) requires a person to whom a participant's true address is disclosed to maintain the requested information in a manner that protects the confidentiality of the participant's true address; (6) allows a victim of family violence to chose a pseudonym to be used instead of the victim's name and to designate the pseudonym in all public files and records, including police reports and reports of judicial proceedings; (7) provides that a law enforcement agency that receives a pseudonym form from a victim must remove the victim's name and substitute the pseudonym for the name on all reports, files, and records in the agency's possession, notify the attorney general of the pseudonym and that the victim has elected to be designated by a pseudonym, and maintain the form in a manner that protects the confidentiality of the information contained in the form; (8) prohibits a law enforcement agency investigating an offense from requiring a victim who completes and returns a pseudonym form to disclose the victim's true name, address, or telephone number in connection with the investigation or prosecution of the offense; (9) provides that a completed and returned pseudonym form is confidential and may not be disclosed to any person, other than a defendant in the case or the defendant's attorney, except` by court order; (10) provides that a public employee who knowingly releases any identifying information of a victim younger than 17 years of age or a victim 17 years of age or older who has chosen a pseudonym commits an offense; (11) provides that a city is not required to use a pseudonym in a report, file, or record that is not intended for distribution to the public and will not be released as the result of an open records request; (12) provides that each original and supplemental list of registered voters must, among other things, contain the voter's name, residence address, or substitute post office box address if a voter is participating in the address confidentiality program; and (13) modifies the procedures for early voting by mail to allow a voter who is participating in the address confidentiality program to vote in that manner. The proposed rules do not appear to allow a city to unilaterally require a participant in the program to submit the participant's true address to the city (see #3 in the bill description above). Instead, the rules provide that the city may request the address from the attorney general or may request an "exemption" that permits the city to require a participant to provide the address. Other than this difference, the rules appear to track the statute fairly closely. The proposed rules can be viewed at the following link.: littp://www.sos.state.tx.us/texreg arcluve/march142008/index.html. Comments on the rules may be submitted until April 13 to Elaine Sample, Assistant Attorney General, Crime Victim's Compensation Program, Crime Victim Services Division, Office of the Attorney General, P.O. Box 12198, Austin, Texas 78711-2198, or by email to Elaine.Sample@oag.state.tx.us. CONSIDERING EMINENT DOMAIN? BE SURE TO PROVIDE THE MANDATORY "TEXAS LANDOWNER'S BILL OF RIGHTS" None of the substantive eminent domain reform bills considered during the 2007 legislative session became law. However, the legislature passed (and the governor signed) a bill that creates a new step in condemnation procedures. H.B. 1495 (now codified as Texas Government Code Section 402.031 and Texas Property Code Sections 21.0112 and 21.012) provides for the creation of a "landowner's bill of rights" to inform property owners of their rights regarding eminent domain. Specifically, the law: (1) requires the Texas attorney general to prepare a written statement that includes a bill of rights for a property owner whose real property may be acquired by a governmental or private entity through the use of the entity's eminent domain authority, (2) provides that the landowner's bill of rights must notify the property 0 owner of the right to a notice of the proposed acquisition of the owner's property, a bona fide good faith effort to negotiate by the entity proposing to acquire the property, an assessment of damages to the owner that will result from the taking of the property, and a hearing and right to appeal; (3) requires the attorney general to write the statement in plain language designed to be easily understood by the average property owner and make the statement available on the attorney general's Internet Web site; (4) requires, before the date a governmental or private entity begins negotiating with a property owner to acquire real property, that the entity send a landowner's bill of rights statement by first class mail to the person in whose name the property is listed on the most recent tax roll of any appropriate taxing unit authorized by law to levy property taxes against the property; (5) requires a governmental entity that is required to send the landowner's bill of rights to a property owner also post it on the Internet Web site of the entity if technically feasible; and (6) requires a condemnation petition to certify that the bill of rights has been sent. The law applies to condemnations that are initiated after February 1, 2008. The attorney general's office has prepared the landowner's bill of rights, and a city that is required to send it to a landowner and post it on the city's Web site can download the document from: http://www.oag state Ax us/agency/Landowners billofrights.pdf 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. 1821 Rutherford Lane, Suite 400, AuStin, Texas 78754-5128 0 512-231 7400, Fax 512-231 7490 wtvtiv.tml.org