The URL can be used to link to this page

01/24/2008-CC-Agenda Packet-RegularI:tWaK, I171 CiITI &'ARMON►LRUP THURSDAY, JANUARY 249 2008 7900 P.M. 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. 3. 5. CONSENT AGENDA a) Approve Minutes January 7, 2008 -Work Session January 7, 2008 - City Council b) Disbursements c) Approve Ordinance #Ol-Ol-08 -Amending the Personnel Policy Manual Dated January 1, 2008 d) Approve Proclamation #O1-24-08 -Scouts Appreciation Day e) Approve Resolution #RO1-03-08 -Appointing FDI-Chisum Trail, LTD. to Act on Behalf of the City of Sanger in Applying for TDCHA Home Funds for Chisum Trail Apartments e) Approve Resolution #R01-04-08 -Lease Purchase Agreement to Procure a 2008 F550 Truck for the Electric Department Consider any Items Removed from Consent Agenda. Consider and Possible Action on Price Increase Request from IESI. 6. A) Conduct Public Hearing on Ordinance 4401-04-08 -Amending Chapter 10, Section 5 "General Plat Requirements" and Section 6 "Improvements" of the Code of Ordinances of the City of Sanger. B) Consider and Possible Action on Ordinance #O1-04-08 -Amending Chapter 10, Section 5 "General Plat Requirements" and Section 6 "Improvements" of the Code of Ordinances of the City of Sanger. 7. Consider and Possible Action on Approving a Development Agreement with Land Advisors, Ltd. 8. Consider and Possible Action on Ordinance #01-03-08 -Consenting to the Creation of a Political Subdivision Within the City's Corporate Limits. 9. A) Consider and Possible Action on a Preliminary Plat for O'Reilly, Addition, Lot 1, Block 1, Being 0.620 Acres of Land out of the Henry Tierwester Survey, Abstract 21. Property is Located on Chapman Drive. B) Consider and Possible Action on a Final Plat for O'Reilly Addition, Lot 1, Block 1, Being 0.620 Acres of Land out of the Henry Tierwester Survey, Abstract 21. Property is Located on Chapman Drive, 10. Information Items: a) City of Sanger Investment Report b) Library Monthly Report 11. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all: ti es, and said Notice was posted on the following date and time: I W, 9WE at .. L , UO p.m. and shall remain posted until ;osal:i4 et g is adjourned. ,*�7A OA I CLN Chavez, City Seer� any, ` a City of Sanger, Texas r•. This notice was removed from the official b�uhetYn board on at bye;, 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 Meeting - Workshop January 7, 2008 PRESENT: Mayor Joe Higgs, Councilman Robert Patton, Councilman Glenn Ervin, Councilman Andy Garza, Councilman Thomas Muir, Councilman Mike Walker OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Rebecca Brewer, Bob Helmberger, Eddie Lane, Bill Fuller, Rod Zielke, Merrie Lou Abney, Ross Martin, Will Tate, Gary Bilyeu, Richard Muir, Russell & Barbara Martin, Lynn Stucky, Jeff Springer 1. Call Meeting to Order. Mayor called meeting to order. 2. Tomlin Land Advisors Presentation. Rod Zielke, with Tomlin Land Advisors , 4265 Kellway Circle, Addison, Texas began by giving thanks of appreciation to the committee and all the members for their time and effort regarding the Sanger Ranch project. The project has been ongoing for three years and they have made numerous presentations to council and civic groups, discussing their vision of their project. Mr. Zielke indicated Lone S#ar Ranch was a 4,000 acre development completed by Tomlin in Frisco and encouraged Council to visit the site. Mr. Zielke proceeded with a slide presentation concerning their proposed development. The proposed Sanger Ranch development will consist of 11000 acres, 3200 Single Family units, 500 Multi -Family units. The master planned community will be of high quality standards. It will have an amenity center, hike and bike trails and open space. The development will also meet the goals of the City's Master Plan. The City will benefit from the project by getting a quality master planned community that will take approximately twenty years to build out. They will see the project throughout the completion and can't afford to build something halfway. Mr. Zielke continued with his presentation and their commitment to the development were as follows; donating ROW and building two adjacent lanes of McReynolds, widening McReynolds to four lanes from Railroad to Indian Lane, building an additional two lanes from Indian Lane East to the thoroughfare/collector, adding turn lane improvements at McReynolds and Indian Lane, constructing a temporary traffic signal at McReynolds and FM 455, donating 5 acres for a City site, donating two school sites with approximate 24 acres pIns, contributing $100,000 to a regional park facility, dedicating over 150 acres of public park land to be maintained by the project, not the City, constructing hike/bike trails for public access and public use, contributing $1.5 million to the City for the construction of a treatment plant, acquiring the CCN for the City, provide 3700 fee/tax paying residential units. The City will not give up any taxes, the entire project will be in the City limits and they agree to abide by all City ordinances plus additional restrictions they place on themselves. The agreement itself places additional restrictions on this project. The City will have more control on this development than any other development in the City limits with the development agreement. He emphasized the retail and commercial development that will be triggered from the residential development. Mr. Zielke addressed the liability issues and expressed that this has been a concern and reassured the Council the City would not be responsible for any District Commitment, The District is highly regulated by State Laws. They can't sell their first bond until 25% of their tax base is in place, roads are constructed, utilities are in, homes are built and occupied and paying taxes. They have to pledge the land and all the assets against the bonds. The bonds can only be sold for a portion of that asset. If there was anything to go wrong, the property would more than pay for any debt that was owed by liquidating the assets. Mr. Zielke proceeded to discuss the fee credits. In the agreement the City agrees to give fee credits to the developer for prorated infrastructure costs. All costs for off -site infrastructure are fee credits back to the developer. Mr. Zielke explained that the fee credits can be used at the time of the platting to offset the cost of impact fees. The fee credits are addressed in the development agreement. Mr. Zielke discussed the water CCN acquisition from Bolivar. He hopes through the course of the project that a negotiated amount can be reached with Bolivar. Mr. Zielke continued with discussion concerning legislation issues with rural water supply corporations. The development's financial and legislative involvement regarding CCN acquisition in the next legislative session. Councilman Walker inquired about the average lot size. Mr Zielke indicated that on the concept plan they have used 114 zoning categories of the City. Councilman Walker asked if allocation on the lot sizes was considered for the more influential homes. Mr. Zielke indicated that lot size can not be used to equate product quality and value. He asked Council to visit their Lone Star Ranch Development. He continued discussing the advantages of smaller lots. Discussion continued regarding fee credits. Councilman Garza also expressed a concern on building the more expensive home on a lot that is 55ft wide and after the setbacks are considered it allows 39ft width for the home, Mr. Zielke indicated that if the side yard requirements are 10 feet sides they can build a 35ft house. He emphasized the control is in the agreement and the ordinances the City has in place. Councilman Garza indicated he does not want the Council to be asked to consider variances for smaller set backs. 3, Questions From the Council, None 4. Adjournment. Mayor adjourned the meeting. MINUTES: City Council Meeting January 7, 2008 PRESENT: Mayor Joe Higgs, Councilman Robert Patton, Councilman Glenn Ervin, Councilman Andy Garza, Councilman Thomas Muir, Councilman Mike Walker OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Rod Zielke, Ross Martin, Gary Bilyeu, Rebecca Brewer, Lynn Stuckey, Russell & Barbara Martin, Bob Helmberger 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Higgs called meeting to order, led the invocation followed by Councilman Walker leading the Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. None CONSENT AGENDA 3. (a) Approve Minutes: December 17, 2007 -Work Session December 17, 2007 - City Council (b) Disbursements (c) Approve and Award Contract to Dannenbaum Engineering Company for the Design of Phase HI and Phase IV of the 2005-2006 Capital Improvements Program (d) Approve Ordinance #O1-02-08 -Repealing Chapter 1, Article 1.400 "Official Newspaper" (e) Approve Resolution #R O1-02-08 -Designating Official Newspapers for the City of Sanger Motion was made by Councilman Muir to approve Consent Agenda. Seconded by Councilman Ervin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None 5. Approve Proclamation #O1-07-08 -War on Terror Veterans Appreciation Day. City Manager advised that the attached Proclamation was prepared at the Council's request. It recognizes people who have served in the war on terror. In March there will be a floating memorial in the area for all cities in Denton County that recognizes all the soldiers that have lost their lives fighting against the war on terror. There will also be a permanent memorial at the new City Hall, it will be outside and mounted on the building and hopefully it will be completed by March. Motion was made by Councilman Ervin to approve Proclamation O1-07-08. Seconded by Councilman Garza. Motion carried unanimously. 6. Information Items: (a) Denton Central Appraisal District Board of Directors 7. Executive Session: Pursuant to Open Meetings Act, Chapter 551, Texas Government Code, Subchapter D, 551.087 Deliberation Regarding Economic Development. (a) Discussion on Economic Development with Tomlin Investments 8. Reconvene: Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session, None 9. Adjournment. Mayor declared meeting adjourned. 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: N/A NON -DEPARTMENTAL BUDGET TO USE: CB -CURRENT BUDGET VP' 'R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-18100 AMERICAN MUNICIPAL SERV I-200801140410 001-00-4645 MUNICIPAL SER WARRANT COLLECTION DEPARTMENT NON-DEPARTMENTAL --------------------------------------------------------------------------------------------------- PAGE: 1 BANK: SB99 CHECK# AMOUNT 000000 641.42 TOTAL: 641.42 ----------------------- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BUDGET TO USE: CB -CURRENT BUDGET Vr" '.R NAME ITEM # G/L ACCOUNT NAME ------------------------------------------------------------------------- DESCRIPTION ------------- PAGE: 2 BANK: SB99 CHECK# AMOUNT 99-00840 DENTON PUBLISHING CO. I-478387 001-15-5230 ADVERTISING AD FOR CUSTOMER SERVICE R 000000 99-01920 NICHOLS, JACKSON, DILLA I-12070004 001-15-5425 LEGAL SERVICE LEGAL SERVICE 000000 99-02170 REINERT PAPER & CHEMICA I-212462 001-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 99-10120 OFFICE DEPOT CREDIT PLA I-4127733680010 001-15-5210 OFFICE SUPPLI FLASH DRIVE 000000 99-18340 FIRST ADVANTAGE BACKGRO I-7750YD0712 001-15-5420 CONTRACTUAL S CREDIT CHECKS PRE EMPLOYM 000000 DEPARTMENT 15 ADMINISTRATION TOTAL: 48.15 854.50 20.92 4.87 20.50 948.94 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET 01/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 ENGINEERING BUDGET TO USE: CB -CURRENT BUDGET W 2 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-02170 REINERT PAPER & CHEMICA I-212462 001-18-5245 JANITORIAL SU CLEANING SUPPLIES PAGE: 3 CHECK# AMOUNT 000000 20.92 DEPARTMENT 18 ENGINEERING TOTAL: 20.92 ------------------------------------------------------------------------------------........... ------------------------------------- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BUDGET TO USE: CB -CURRENT BUDGET V 3 NAME ITEM # G/L ACCOUNT NAME ---------------------------------- DESCRIPTION PAGE: 4 BANK: SB99 CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-246300-00 001-20-5210 OFFICE SUPPLI POLICE DEPT ENVELOPES 000000 61.60 99-01830 NOR-TEX COMMUNICATIONS I-14510 001-20-5310 REPAIR & MAIN REPAIR M7208 PHONE 000000 85.00 I-14510 001-20-5310 REPAIR & MAIN INSTALL EXT. #33 000000 45.00 I-14510 001-20-5310 REPAIR & MAIN REVERSE PHONE & FAX LINE 000000 90.00 99-02170 REINERT PAPER & CHEMICA I-212462 001-20-5245 JANITORIAL SU CLEANING SUPPLIES 000000 41.86 DEPARTMENT 20 POLICE TOTAL: 323.46 ----------............ ------------------............ -----------.......... -------....... -----....... --------...... --------.......---- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 01193 CC PACKET 01/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET V' ...,..I NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00270 ANIMAL HOSPITAL I-200801140411 001-22-5248 DOG POUND EXP POUND SERVICES 000000 708.90 99-10570 THE SPORTSMAN I-200801140421 I-200801140421 I-200801140421 001-22-5223 CHEMICAL SUPP RAT BAIT 000000 11.96 001-22-5223 CHEMICAL SUPP RAT BAIT 000000 49.80 001-22-5223 CHEMICAL SUPP RAT BAIT 000000 14.98 DEPARTMENT 22 ----------------.......... --------........ -------------------------------.......... ANIMAL CONTROL TOTAL: 785.64 ---........- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VT NAME ITEM # G/L ACCOUNT NAME ------------- DESCRIPTION CHECK# AMOUNT 99-00450 SUPER SAVE I-200801140420 001-24-5215 FOOD FOOD FOR FIRE DEPT. 000000 131.78 99-02970 OFFICE DEPOT I-200801080403 001-24-5210 OFFICE SUPPLI LC 51 BLK INK CARTS 000000 119.95 99-14910 FIRE DEPARTMENT TRAININ I-200801140415 001-24-5235 DUES & REGIST 12 MONTHS DUES 000000 240.00 DEPARTMENT 24 EIRE DEPARTMENT TOTAL: 491.73 ----------------------------------------------------------------------------------------------------------------------------------- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BUDGET TO USE: CB -CURRENT BUDGET VF` 'R NAME ITEM # G/L ACCOUNT NAME ----------------------------------------------- DESCRIPTION 99-05600 MOORE MEDICAL CORP. I-80749230 EI 001-25-5440 MEDICAL SERVI MEDICAL SUPPLIES DEPARTMENT 25 AMBULANCE ------------------------------------------------------------------------------------------------ PAGE: 7 BANK: SB99 CHECK# AMOUNT 000000 161.20 TOTAL: 161.20 ------------------------- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vp......''Z NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-246300-00 001-26-5210 OFFICE SUPPLI MUN. COURT ENVELOPES 000000 67.50 I-246300-00 001-26-5210 OFFICE SUPPLI COURT ENVELOPES 000000 33.75 99-02170 REINERT PAPER & CHEMICA I-212462 001-26-5245 BLD.& JANITOR CLEANING SUPPLIES 000000 41.86 99-17330 INTERACTIVE COMPUTER DE I-61479 & 61478 001-26-5420 CONTRACTUAL S WEB HOSTING & SUPPORT 000000 125.00 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 268.11 ----------------------------------------------------------------------------------------------------- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 ENFORCEMENT/INSPECTION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vr'... NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00710 DATA BUSINESS FORMS INC I-247370-00 001-2B-5210 OFFICE SUPPLI CITY OF SANGER STAMP 000000 22.00 99-02170 REINERT PAPER & CHEMICA I-212462 001-28-5245 JANITORIAL SU CLEANING SUPPLIES 000000 41.86 99-08770 CPI OFFICE PRODUCTS I-1874999-0 001-28-5210 OFFICE SUPPLI A. 13332 HARDHAT SFTY HEL 000000 12.89 I-1874999-0 001-28-5210 OFFICE SUPPLI B. 02261 STAPLER, FULLSTR 000000 12.99 I-1874999-0 001-28-5210 OFFICE SUPPLI C. E017-50 CALENDER REFIL 000000 6.69 I-1874999-0 001-28-5210 OFFICE SUPPLI D. 560-32 VERT, DESK FILE 000000 27.99 99-12800 PUBLIC SAFETY SERVICES I-200801140418 001-28-5420 CONTRACTUAL S 3 PLUMBING INSPECTIONS 000000 35.00 I-200801140418 001-28-5420 CONTRACTUAL S 16, BLDG INSPECTIONS 000000 740.00 ------------------------------------------------------------------............ DEPARTMENT 28 ------------............. ENFORCEMENT/INSPECTION ------..............--------- TOTAL: B99.42 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 PACKET: 01193 CC PACKET 01/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vs... 2 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00590 CITY OF DENTON I-200801140412 001-30-5375 MINOR EQUIPME BATTERIES 000000 589.00 99-02170 REINERT PAPER & CHEMICA I-212462 001-30-5245 JANITORIAL SU CLEANING SUPPLIES 000000 41.86 99-05900 FULTONS aKiI�jGii[�ElcY.Yl 99-07750 HOME DEPOT/GECF I-200801140416 I-200801140417 I-200801140417 001-30-5370 STREETS STEEL PLATES 000000 377.16 001-30-5310 R & M BUILDIN DOOR KNOB & KEYS 000000 24.39 001-30-5250 MINOR TOOLS 400 WMH 000000 115.96 001-30-5250 MINOR TOOLS TOIELT SEAT 000000 4.77 DEPARTMENT 30 --------------------------------------------------------------------------------------------- STREETS TOTAL: 1,153.16 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET 01/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BUDGET TO USE: CB -CURRENT BUDGET V R NAME ITEM # G/L ACCOUNT NAME ------------------------------------------------------------- DESCRIPTION 99-02170 REINERT PAPER & CHEMICA I-212462 001-32-5245 JANITORIAL SU CLEANING SUPPLIES 99-07750 HOME DEPOT/GECF I-200801140416 001-32-5250 MINOR TOOLS DOOR KNOB & KEYS DEPARTMENT 32 PARKS --------------............ ---------------------- ------------........... -----------.......... ---- PAGE: 11 BANK: SB99 CHECK# AMOUNT 000000 41.86 000000 22.96 TOTAL: --------------------------------- 64.82 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET 01/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 VEHICLE MAINTENANCE BUDGET TO USE: CB -CURRENT BUDGET V` ,....71 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-09040 J RANDY THOMPSON I-200801140422 001-36-5375 MINOR EQUIPME TOOL KIT/BRAKE PAD SPRDR/ PAGE: 12 BANK: SB99 CHECK# AMOUNT 000000 128.97 DEPARTMENT 36 VEHICLE MAINTENANCE TOTAL: 128.97 ---------------------------------------------------------------------------------------------------------------- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 40 SULLIVAN CENTER BUDGET TO USE: CB -CURRENT BUDGET PAGE: 13 BANK: SB99 V 'R NAME ITEM IfG/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ------------ 99-02170 REINERT PAPER & CHEMICA I-212462 001-40-5245 JANITORIAL & CLEANING SUPPLIES 000000 41.86 DEPARTMENT 40 SULLIVAN CENTER TOTAL: 41.86 -------------------------------------------------------------------------------.......------- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BUDGET TO USE: CB -CURRENT BUDGET VP ''Z NAME ITEM # G/L ACCOUNT NAME --------------------------------- DESCRIPTION 99-00690 DALLAS MORNING NEWS I-12/14/07 001-42-5225 MAGAZINES & S YRLY SUBSCRIPTION 99-10760 BRODART CO I-824015 001-42-5270 PROGRAMS AND NAME BADGE I-H774666 001-42-6050 BOOKS 4 BOOKS 99-11820 STEWART ORGANIZATION I-49984 001-42-5312 R & M OFFICE COPIER CONTRACT 99-16040 SHOW ME BOOKS I-10791 PX12 001-42-6050 BOOKS 8 BOOKS FOR LIBRARY DEPARTMENT 42 LIBRARY PAGE: 14 BANK: SB99 CHECK# AMOUNT 000000 000000 000000 000000 000000 TOTAL: 216.00 9.50 87.38 28.34 96.00 437.22 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 46 ECONOMIC DEVELOPMENT BUDGET TO USE: CB -CURRENT BUDGET Vr'"'...R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-18450 CONSTANT CONTACT I-200801140413 001-46-5230 ADVERTISING EMAIL MARKETING 6 MONTHS PAGE: 15 CHECK# AMOUNT �IIIII/I/II] DEPARTMENT ------------------------------------------------------------------------------- 46 ECONOMIC DEVELOPMENT TOTAL: VENDOR SET 001 GENERAL FUND TOTAL: 81.00 6,497.87 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 Administration BUDGET TO USE: CB -CURRENT BUDGET Vr.. NAME ITEM # G/L ACCOUNT NAME 99-00840 DENTON PUBLISHING CO. I-478387 008-15-5230 99-01920 NICHOLS, JACKSON, DILLA I-12070004 008-15-5425 99-02170 REINERT PAPER & CHEMICA I-212462 008-15-5245 99-10120 OFFICE DEPOT CREDIT PLA I-4127733680010 008-15-5210 99-18340 FIRST ADVANTAGE BACKGRO I-7750YD0712 008-15-5420 PAGE: 16 BANK: SB99 DESCRIPTION CHECK# AMOUNT --------------------------- ADVERTISING AD FOR CUSTOMER SERVICE R 000000 48.15 LEGAL SERVICE LEGAL SERV 000000 854.50 JANITORIAL SU CLEANING SUPLLIES 000000 20.92 OFFICE SUPPLI FLASH DRIVE 000000 4.86 CONTRACTUAL S PRE EMPLOYMENT CREDIT CHE 000000 20.50 DEPARTMENT 15 Administration TOTAL: 948.93 -------------------------------------------------------------------------- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET 01/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 ENGINEERING BUDGET TO USE: CB -CURRENT BUDGET Vr'.....Z NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-02170 REINERT PAPER & CHEMICA I-212462 008-18-5245 JANITORIAL SU CLEANING SUPPLIES DEPARTMENT 18 ENGINEERING -----.......................... ----.......... -............ ------- -------............ ------------ PAGE: 17 BANK: SB99 CHECK# AMOUNT 000000 20.92 TOTAL: 20.92 ------------------------- 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 Data Processing BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VF 14 NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02050 PITNEY BOWES I-200801100404 008-19-5315 R & M MACHINE POSTAGE MEATER MAINT. 000000 549.00 99-11170 RICOH I-402087118 008-19-5315 R & M MACHINE COPIER CONTRACT MAINT. 99-17330 INTERACTIVE COMPUTER DE I-61479 & 61478 008-19-5315 R & M MACHINE WEB PUBLISHING FEES & UB DEPARTMENT 19 Data Processing ------------------------------------------------------------------------------------------------------- 000000 209.04 000000 110.00 TOTAL: 668.04 ------------------------ 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET 01/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 Vehicle Maintenance BUDGET TO USE: CB -CURRENT BUDGET VF,..........R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION PAGE: 19 BANK: SB99 CHECK# AMOUNT 99-09040 J RANDY THOMPSON I-200801140422 008-36-5375 MINOR EQUIPME AIR BRAKE DC TOOL SET/SOC 000000 128.97 DEPARTMENT 36 Vehicle Maintenance TOTAL: 128.97 -----------------------------------------------------------------........................ ----------.............. ----------........ 1/14/2008 4:35 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01193 CC PACKET 01/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 Water BUDGET TO USE: CB -CURRENT BUDGET VF "�R NAME ITEM # G/L ACCOUNT NAME 99-02140 RADIO SHACK I-200801140419 008-50-5210 99-02170 REINERT PAPER & CHEMICA I-212462 008-50-5245 99-05900 FULTONS I-000101101527 008-50-5360 99-07750 HOME DEPOT/GECF I-200801140416 008-50-5310 DESCRIPTION PAGE: 20 BANK: SB99 CHECK# AMOUNT OFFICE SUPPLI 5 KEYS 000000 JANITORIAL SU CLEANING SUPPLIES 000000 R & M OTHER STEEL PLATES 000000 R & M BUILDIN DOOR NKOB & KEYS 000000 DEPARTMENT 50 Water TOTAL: ------------------------------------------------------- 9.95 41.86 377.18 30.11 959.10 1/14/2008 4:35 PM PACKET: 01193 CC PACKET O1/21/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 Electric Department BUDGET TO USE: CB -CURRENT BUDGET REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 21 BANK: SB99 VF`""�R NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDING CENTER I-10019221 & 9225 008-58-6020 IMPROVEMENTS SQ. BOX 4X4X2 1/8 000000 5.98 I-10019221 & 9225 008-58-6020 IMPROVEMENTS 1/2 PVC ELBOW 000000 2.07 99-00920 ELLIOTT ELECTRIC I-19-83499-01 008-58-6020 IMPROVEMENTS 1/2 PVC CONDUIT 000000 30.00 I-19-83499-01 008-58-6020 IMPROVEMENTS 1/2 MALE ADAPTOR 000000 1.37 I-19-83499-01 008-58-6020 IMPROVEMENTS 1/2 STEEL LOCKNUT 000000 0.78 I-19-83499-01 008-58-6020 IMPROVEMENTS 1/2 2 HOLE RIGID 000000 2.00 99-02170 REINERT PAPER & CHEMICA I-212462 008-58-5245 JANITORIAL SU CLEANING SUPPLIES 000000 41.86 99-02610 HD SUPPLY, INC I-672963-00 008-58-6020 IMPROVEMENTS 54" GUY STRAIN 000000 103.50 I-686587 & 686670 008-58-6020 IMPROVEMENTS ASCR OH WIRE 000000 2,920.84 I-686587 & 686670 008-58-6020 IMPROVEMENTS RED ELECTRIC PAINT 000000 59.76 99-02690 TECHLINE 99-05510 IESI 99-05900 FULTONS I-1628205/1935516/18 008-58-6020 I-1628205/1435516/18 008-58-6020 I-1628205/1435516/18 008-58-6020 I-1628205/1435516/18 008-58-6020 I-1628396 008-58-6020 I-1628578 008-58-6020 I-3302384 I-000101101527 99-07750 HOME DEPOT/GECF I-200801140916 99-12670 MAYSTEEL I-40001569 I-40001569 99-17640 DOLLAR GENERAL I-200801190414 008-58-5420 008-58-6020 [�I�I II.'iIIYciSi 008-58-6020 008-58-6020 008-58-5245 IMPROVEMENTS CROSSMAN CUTOUT BRACKET IMPROVEMENTS BIRD PROTECTION CAP IMPROVEMENTS REPLACEMENT GLOBE/SHIELD IMPROVEMENTS PHOTO CELL CONTROL XMAS L IMPROVEMENTS GUY ATTACHMENT TRIPLE EYE IMPROVEMENTS 8' GREY GUARD CONTRACTUAL S DEC. UTILITY RD. ROLL OFF IMPROVEMENTS STEEL PLATES R & M BUILDIN DOOR KNOB & KEYS IMPROVEMENTS SVIITCHED CAPACITOR IMPROVEMENTS FREIGHT JANITORIAL SU SPRAY BOTTLE/VINEGAR/ZIPL DEPARTMENT 58 Electric Department ---------------------------------------- VENDOR SET 008 ENTERPRISE FUND 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 000000 TOTAL TOTAL: 586.00 98.00 232.00 53.70 375.00 322.50 377.19 P%7[:i7 4,621.00 280.00 3.25 10,227.08 --------------- 12,653.09 REPORT GRAND TOTAL: 19,100.91 COUNCIL AGENDA ITEM AGENDA TYPE N Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Yes ❑ Not Applicable Council Meeting Date: January 24, 2008 Submitted By: Tami Taber for Mike Brice City Manager Reviewed/Approval Initials Date ,/❑_ d ACTION REQUESTED: ❑ORDINANCE #01-01-08 ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Ordinance #01-01-08 — Amending the Personnel Policy Manual. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION City Manager recommends final approval by Council of the amended and updated personnel policy manual. List of Supporting Documents/Exhibits Attached: Revised personnel policy manual. Prior Action/Review by Council, Boards, Commissions or Other Agencies: Discussed in the Nov. 19`h, Council Workshop. NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Robert L. Dillard, III Email: rdilard@njdhs.com Talni Taber City of Sanger 201 Bolivar Street P.O. Box 1729 Sanger, Texas 76266 Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214)965-9900 Fax (214) 965-0010 E-mail NJDHS@NJDHS.com December 26, 2007 RE: Or�lz�zance Arloptifzg Petso�znel Policy Manrcal Dear Tami: ROBERT L. DILLARD, JR. (1913-2000) H. LOUIS NICHOLS LAWRENCE W. JACKSON OF COUNSEL Enclosed please find the ordinance you requested which I have signed. Please let me know if you have any questions or if there are any changes or corrections necessary in the form of this ordinance. Very truly yours, NICHOLS, JACKSON, DILLARD, HAGER &SMITH, L.L.P� By. Robert L. Dillard, III RLD/mew Enclosure 23354 CITY OF SANGER, TEXAS ORDINANCE NO. 01-01-08 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADOPTING A PERSONNEL POLICY MANUAL FOR THE CITY, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has promulgated a Personnel Policy Manual for City Employees; and WHEREAS, the City Council has reviewed and approved the form of the same at the request of the City Manager; and WHEREAS, the City Council wishes to express its support for the City Manager and the Personnel Policy Manual and to repeal all personnel policy manuals in conflict; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS. SECTION 1. That the Persomnel Policy Manual, dated January 1, 2008, promulgated by the City Manager of the City of Sanger, attached hereto by reference as Exhibit "A" and made part hereof for all purposes, is hereby adopted and approved in all respects as the official policy of the City of Sanger with regard to personnel administration. A copy of these policies shall be kept on file in the Office of the City Secretary. These policies maybe amended from time to time by the City Manager by written memorandum. The City Manager will inform the City Council of any and all changes. SECTION 2. That any ordinance or previous employee or policy manual with regard to employment adopted, promulgated or used in the City is hereby repealed. SECTION 3. That any provision of the Personnel Policy Manual in conflict with law is hereby declared to be severable and any holding by any court of competent jurisdiction that any portion of the Manual is illegal or unenforceable for any reason shall not affect the remaining portions of the Personnel Policy Manual, which shall remain in full force and effect. SECTION 4. This ordinance will take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of Sanger, Denton County Texas, on the day of APPROVED: MAYOR ATTEST: CITY SECRETARY CITY ATTORNEY EXHIBIT "A" By reference, the Personnel Policy Manual dated January 1, 2008, promulgated by the City Manager of the City Manager is attached hereto and approved hereby. Personnel Policy Manual January 1, 2008 201 BOLIVAR STREET SANGER, TEXAS 76266 Phone 940-458-7930 P.O. BOX 1729 Fax 940-458-4180 Welcome to the City of Sanger Thank you for joining the City of Sanger! We hope you agree that you have a great contribution to make to this City, and that you will find your employment with Sanger a rewarding experience. We look forward to the opportunity of working together to create a more successful City. We also want you to feel that your employment with Sanger will be a mutually beneficial and gratifying one. You have joined an organization that has established an outstanding reputation for quality. Credit for this goes to everyone in the organization. We hope you, too, will find satisfaction and take pride in your work here. As a member of the Sanger team, you will be expected to contribute your talents and energies to further improve the environment and quality of the City. This Personnel Policy Manual may provide answers to most of the questions you may have about Sanger's benefit programs, as well as City policies and procedures. You are responsible for reading and understanding this Personnel Policy Manual. If anything is unclear, please discuss the matter with your designated supervisor. We extend to you our personal best wishes for your success and happiness with the City of Sanger. Sincerely, City of Sanger 2 Notice This Personnel Policy Manual has been prepared to inform you of the City of Sanger's history, philosophy, employment practices, and policies, as well as the benefits provided to you as a valued employee. Some Things You Must Understand The policies in this manual are to be considered as guidelines. The City of Sanger, at its option, may change, delete, suspend or discontinue any part or parts of the policies in this Personnel Policy Manual at any time without prior notice as business, employment legislation, and economic conditions dictate. - Any such action shall apply to existing as well as to future employees. - Employees may not accrue eligibility for monetary benefits that they have not become eligible for through actual time spent at work. - Employees shall not accrue eligibility for any benefits, rights, or privileges beyond the last day worked. - No one other than the City Manager of Sanger may alter or modify any of the policies in this Personnel Policy Manual. Any alteration or modification of the policies in this Personnel Policy Manual must be in writing. The City Council will be made aware of any changes to the policy. - Administration and Appointive Authority (Amended -Ord. 7102-92 A & B, (A) The City Manager is appointed by the City Council to be the Chief Administrative and Executive Officer of the City. He shall be responsible to the Council for the proper administration of all affairs of the City. He shall appoint, suspend and/or remove department head's or municipal officers after notification to the Council. (B) No individual 04 Council member shall direct the appointment, promotion, demotion, discipline or removal of any person by the City Manager or by any of his subordinates. - No statement or promise by a supervisor, manager, or department head, past or present, maybe interpreted as a change in policy, nor will it constitute an agreement with an employee. 3 Should any provision in this Personnel Policy Manual be found to be unenforceable and invalid, such finding does not invalidate the entire Personnel Policy Manual, but only that particular provision. This Personnel Policy Manual replaces (supersedes) any and all other or previous Sanger Employee Manuals, or other Sanger policies whether written or oral as of January 1, 2008. Receipt and Acknowledgment Of the City of Sanger Personnel Policy Manual Please read the following statements, sign below and return to your supervisor. Understanding and Acknowledging Receipt of the City %J Sanger Personnel Policy Manual. I have received and read a copy of the City of Sanger's Personnel Policy Manual. I understand that the policies and benefits described in it are subject to change at the sole discretion of the City of Sanger at any time. At -Will Employment I further understand that my employment is At -Will, and that I have not entered into an employment contract with the City of Sanger regarding the duration of my employment. I am free to terminate my employment with the City of Sanger at any time, with or without reason. Likewise, the City of Sanger has the right to terminate my employment, with or without reason, at the discretion of the City of Sanger. No employee of the City of Sanger can enter into an employment contract for a specified period of time, or make any agreement contrary to this policy without the written approval of the City Manager. The City Manager must notify the Council in writing of any and all agreements contrary to this policy. Confidential Information I am aware that during the course of my employment; confidential, private citizen information and other related information will be made available tome. I understand that this information is proprietary and critical to the success of the City of Sanger and must not be given out or used outside of the City of Sanger premises or with non Sanger employees. In the event of termination of employment, whether voluntary or involuntary, I hereby agree not to utilize or exploit this information with any other individual or company. Employee's Printed Name Employee's Signature Position Date 5 Contents Welcome to the City of Sanger 2 An Overview of the City of Sanger 3 Receipt and Acknowledgment 5 Content Page 6 What You Can Expect from the City of Sanger 9 What the City of Sanger Expects from You 10 Open Communications Policy 10 Suggestions 11 Ethical Standards 11 Employee Conduct 12 I. Employment Policies 13 1.01 At -Will Employment 13 1.02 Confidential Information 13 1.03 Customer Relations 14 1.04 Nepotism 14 1.05 Equal Employment Opportunity 15 1.06 Harassment Policy 15 1.07 How You Were Selected 17 Employee Background Check 18 Credit Investigation 18 Criminal Records 18 Driver's License and Driving Record 18 Health Examinations 19 Drug Testing 19 1.08 Standards of Conduct 19 Unacceptable Activities 19 Disciplinary Actions 21 Crisis Suspension 23 1.09 Introductory Period 24 1.10 Anniversary Date 25 1.11 Immigration Law Compliance 25 1.12 New Employee Orientation 25 1.13 Work Schedule 25 Business Hours 25 Attendance 26 Absence or Lateness 26 Meal and Break Periods 27 Severe Weather and Emergency Conditions 27 1.14 Employment Classifications 27 Full -Time Employees 27 Part -Time Employees 28 Regular Employees 28 Temporary Employees 28 Non -Exempt and Exempt Employees 28 Americans with Disabilities Act of 1990 29 1.15 Personnel Records and Administration 29 Your Personnel File 30 Your Medical Records File 30 II. Compensation 30 2.01 Wage and Salary Policies 30 Compensation Philosophy 30 Basis for Determining Pay 31 Pay Period and Hours 31 Pay Cycle 31 Paycheck Distribution 31 Mandatory Deductions from Paycheck 31 Error in Pay 32 Overtime Pay 32 Longevity 32 Work Performed on City Holidays 32 Compensatory Time Off .33 Time Records 33 City Indebtedness 33 2.02 Performance and Compensation Reviews 33 Performance Reviews 33 Compensation Reviews 34 III. Benefits 34 3.01 Eligibility for Benefits 35 3.02 Insurance Coverage 35 3.03 Government Required Coverage 36 Workers' Compensation 36 Unemployment Compensation 36 Social Security 36 3.04 Retirement Plan 37 3.05 Other Benefits 37 Credit Union Membership 37 Tuition Reimbursement 37 IV. Leaves 38 4.01 Paid Leaves 38 Holidays 3 8 Vacation 39 7 Sick Leave 40 Personal Leave 41 Other Paid Leaves 41 4.02 Unpaid Leaves 42 Family/Medical Leave of Absence 42 4.03 Accepting Other Employment or 45 Going Into Business While on Leave of Absence V. Safety 45 5.01 General Policies 45 5.02 Reporting Safety Issues 45 5.03 Safety Rules 46 5.04 Weapons 48 5.05 Fire Prevention 49 5.06 Emergency Evacuation 49 5.07 Housekeeping 50 5.08 Property and Equipment Care 50 5.09 Restricted Areas 50 5.10 Safety Rules When Operating Machines and Equipment 50 5.11 Security 51 5.12 Smoking 51 VI. Separation of Employment 51 6.01 Termination 51 6.02 Insurance Conversion Privileges 51 6.03 Exit Interviews 52 6.04 Return of City of Sanger Property 52 6.05 Former Employees 52 6.06 Post -Employment Inquiries 52 VII. Workplace Policies 53 7.01 Communications 53 7.02 The City of Sanger Department Meetings 53 7.03 Computer Software (Unauthorized Copying) 53 7.04 Computers, Electronic Mail and Voice Mail Usage Policy 54 7.05 Dress Code and Personal Appearance 55 7.06 Drug and Alcohol Policy 56 7.07 Personal Use of City Property 61 7.08 Solicitations and Distributions 62 7.09 Use of City of Sanger Vehicles 62 7.10 Violence in the Workplace Policy 62 7.1*1 Complaint/Appeal Procedures 63 What You Can Expect From the City of Sanger The City of Sanger believes in creating a harmonious working relationship between all employees. In pursuit of this goal, the City of Sanger has created the following employee relation's objectives: l . Provide an exciting, challenging, and rewarding workplace and experience. 2. Select people on the basis of skill, training, ability, attitude, and character without discrimination with regard to age, sex, color, race, creed, national origin, religious persuasion, marital status, political belief, or a disability that does not prohibit performance of essential job functions. 3. Compensate all employees according to their effort and contribution to the delivery of quality services 4. Review wages, employee benefits and working conditions regularly with the objective of being competitive in these areas consistent with sound business practices. 5. Provide vacation, sick leave, paid time off and holidays to all eligible employees. 6. Provide eligible employees with health and welfare benefits. 7. Assure employees through an established grievance procedure and after talking with their manager, an opportunity to discuss any issue or problem with higher supervisors. 8. Take prompt and fair action on any complaint, which may arise in the everyday conduct of our business, to the extent that is practicable. 9. Respect individual rights and treat ali employees with courtesy and consideration. 10. Maintain mutual respect in our working relationship. 11. Provide buildings and offices that are comfortable, orderly and safe. 12. Promote employees on the basis of their ability and merit. 13. Make promotions or fill vacancies from within the City of Sanger whenever practical. 14. Keep all employees informed of the progress of the City of Sanger, as well as the City's over all goals and objectives. 0 15. Promote an atmosphere in keeping with the City of Sanger's vision, mission, and goals. What the City of Sanger Expects From You. The City of Sanger needs your help in making each working day enjoyable and rewarding. Your first responsibility is to know your own duties and how to do them promptly, correctly and pleasantly. Secondly, you are expected to cooperate with management, and your fellow employees, and to maintain a good team attitude. The reason we all have a job is to provide services to our customers. It is important that we keep this in mind as we go about our work. Your position with the City is not an entitlement. You are expected to provide quality, value added service to all of our customers in a pleasant and friendly manner. How you interact with fellow employees and those whom the City of Sanger serves, and how you accept direction can affect the success of your department. In turn, the performance of one department can impact the entire service offered by the City of Sanger. Consequently, whatever your position, you have an important assignment; perform every task to the very best of your ability. You are encouraged to grasp opportunities for personal development offered to you. This manual offers insight on how you can perform positively and to the best of your ability to meet and exceed the City of Sanger's expectations. We strongly believe you should have the right to make your own choices in matters that concern and control your life. We believe in direct access to management. We are dedicated to making the City of Sanger a City where you can approach your manager, or any member of management to discuss any problem or question. We expect you to voice your opinions and contribute your suggestions to improve the quality of service provided by the City of Sanger. We're all human, so please communicate with each other and with management. Remember, you help create the pleasant and safe working conditions that the City of Sanger intends for you. The result will be better performance for the City over all, and personal satisfaction for you. Open Communications Policy The City of Sanger encourages you to discuss any issue that you may have with a co- worker directly with that person. If a resolution is not reached, please arrange a meeting with your supervisor to discuss any concern, problem, or issue that arises during the course of your employment. Retaliation against any employee for appropriate usage of Open Communication channels is unacceptable. Please remember it is counterproductive to a harmonious workplace for employees to create or repeat corporate rumors or office gossip. It is more constructive for an employee to consult his/her supervisor immediately with any questions. Suggestions We encourage all employees to bring forward their suggestions and ideas about how our City can be made a better place to work and how our services to our customers can be enhanced. When you see an opportunity for improvement, please talk it over with your supervisor. She/he can help you bring your idea to the attention of the people in the City who will be responsible for possibly implementing it. All suggestions are valued and listened to. When a suggestion from an employee has particular merit, we will provide for special recognition of the individual(s) who had the idea. Your ideas and suggestions, if presented in writing, will help us to review your suggestion and ensure that you get the maximum recognition for your contribution. Ethical Standards Put loyalty to the highest moral principals and to the City above loyalty to persons, City departments, divisions, sections or work units. Uphold the laws and regulations of the United States, the State of Texas and the City of Sanger, and never be a party to their evasion. Give a full days labor for a full days pay, giving to the performance of your duties your earnest and best thought. Seek to find and employ more efficient and economical ways of getting your job accomplished. Never discriminate by the giving of special favors or privileges to anyone, and never accept, for yourself or your family, favors or benefits under circumstances which could be construed by reasonable persons as influencing the performance of your governmental duties. Make no private promises of any kind binding upon your job or office, since a City government employee has no private word, which can be binding on public duty. Engage in no business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of governmental duties. Never use any information coming to you confidentially in the performance of your City duties as a means for making private profit. 11 Expose illegal conduct wherever discovered. If you believe that an illegal act has been committed, you should report the suspected violation to your supervisor or the department head. If you do not feel comfortable reporting the suspected violation within your department, you may report it by contacting the City Manager. Employee Conduct Employees of the City of Sanger are expected to conduct themselves and to transact City business in a manner that positively promotes the City and reflects high ethical standards. Unacceptable work performance and related behaviors include violations of stated City or department policy; failure to follow rules that promote the general health safety and well being of employees; misuse and/or abuse of City equipment, property or vehicles; failure to perform one's work according to established standards; discourteous treatment of other employees or the general public. These are a few examples of the kinds of behaviors, which will result in disciplinary action. The City may take a variety of disciplinary actions. 12 I. Employment Policies 1.01 At -Will Employment Your employment with the City of Sanger is At -Will. This means that neither you nor the City of Sanger has entered into a contract regarding the duration of your employment. You are free to terminate your employment with the City of Sanger at any time, with or without reason. Likewise, the City of Sanger has the right to terminate your employment, with or without reason, at the discretion of the City of Sanger. No employee of the City of Sanger can enter into an employment contract for a specified period of time, or make any agreement contrary to this policy without written approval from the City Manager. Termination of Employment The City of Sanger will consider you to have voluntarily terminated your employment if you do any of the following. 1. Resign from the City of Sanger. 2. Fail to return from an approved leave of absence on the date specified by the City of Sanger. 3. Fail to report to work or call in before your scheduled time to report to work. 4. Accept full time employment with another organization while on leave from the City of Sanger or that will preclude you from fulfilling your duties to the City of Sanger. 1.02 Confidential Information Upon accepting employment with the City of Sanger, you were asked to sign a Confidentiality Agreement, which generally provides that you will not disclose or use any of the City of Sanger confidential information, either during or after your employment. We sincerely hope that our relationship will be long-term and mutually rewarding. However, your employment with the City of Sanger assumes an obligation to maintain confidentiality, even after you leave our employ. Additionally, our customers and suppliers entrust the City of Sanger with important information relating to their businesses. The nature of this relationship requires maintenance of confidentiality. In safeguarding the information received, the City of Sanger earns the respect and further trust of our customers and suppliers. 13 If someone questions you outside the City or your department and you are concerned about the appropriateness of giving them certain information, you are not required to answer, instead, as politely as possible, refer the request to your supervisor. No one is permitted to remove or make copies of any City of Sanger records, reports or documents without prior approval of the City Manager. Disclosure of confidential information could lead to termination, as well as other possible legal action. 1.03 Customer Relations The success of the City of Sanger depends upon the quality of the relationships between the City of Sanger, our employees, citizens, suppliers and the general public. Our customers' impression of the City of Sanger is greatly formed by the people who serve them. In a sense, regardless of your position, you are the City of Sanger's ambassador. The more goodwill you promote, the more our customers will respect and appreciate you, the City of Sanger and the City of Sanger's services. Below are several things you can do to help give citizens a good impression of the City of Sanger. These are the building blocks for our continued success. l . Act competently and deal with customers in a courteous and respectful manner. 2. Communicate pleasantly and respectfully with other employees at all times. 3. Follow up on orders and questions promptly, provide business -like replies to inquiries and requests, and perform all duties in an orderly manner. 4. Take great pride in your work and enjoy doing your very best. These policies apply to all areas of employment, including recruitment, hiring, training and development, promotion, transfer, termination, layoff, compensation benefits, social and recreational programs, and all other conditions and privileges of employment in accordance with applicable federal state, and local laws. 1.04 Nepotism (A) The City of Sanger will not employ anyone related to any member of the City Council by blood or marriage as outlined in State statutes and the City Charter. This restriction also includes the City Manager and City Secretary. (B) If relatives and members of an immediate family of other current employees shall be employed, they shall not serve in the same department unless specific approval has been obtained from the City Manager. 14 1.05 Equal Employment Opportunity The City of Sanger is an equal employment opportunity employer. Employment decisions are based on merit and business needs, and not on race, color, citizenship status, national origin, ancestry, gender, sexual orientation, age, religion, creed, physical or mental disability, marital status, veteran status, political affiliation, or any other factor protected by law. The City of Sanger complies with the law regarding reasonable accommodation for handicapped and disabled employees. The City of Sanger's City Council has issued the following policy stating the City of Sanger's views on this matter. It is the policy of the City of Sanger to comply with all the relevant and applicable provisions of the Americans with Disabilities Act (ADA). The City of Sanger will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability. The City of Sanger will also make reasonable accommodation wherever necessary and practical for all employees or applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential duties and assignments connected with the job and provided that any accommodations made do not impose an undue hardship on the City of Sanger. Equal employment opportunity notices are posted near employee gathering places as required by law. These notices summarize the rights of employees to equal opportunity in employment and list the names and addresses of the various government agencies that may be contacted in the event that any person believes he or she has been discriminated against. Management is primarily responsible for seeing that the City of Sanger's equal employment opportunity policies are implemented, but all members of the staff share in the responsibility for assuring that by their personal actions the policies are effective and apply uniformly to everyone. Any employees, including managers, involved in discriminatory practices will be subject to termination. 1.06 Harassment Policy The City of Sanger intends to provide a work environment that is pleasant, professional, and free from intimidation, hostility or other offenses, which might interfere with work performance. Harassment of any sort - verbal, physical, and visual will not be tolerated, particularly against employees in protected classes. These classes include, but are not limited to race, color, religion, sex, age, sexual orientation, national origin or ancestry, disability, medical condition, marital status, veteran status, or any other protected status defined by law. 15 What is Harassment? Workplace harassment can take many forms. It may be, but is not limited to, words, signs, offensive jokes, cartoons, pictures, posters, e-mail jokes or statements, pranks, intimidation, physical assaults or contact, or violence. Harassment is not necessarily sexual in nature. It may also take form of other vocal activity including derogatory statements not directed to the targeted individual but taking place within hearing. Other prohibited conduct includes written materials, such as notes, photographs, cartoons, articles of a harassing or offensive nature, and taking retaliatory action against an employee for discussing or making a harassment complaint. Responsibility All City of Sanger employees, and particularly supervisors, have a responsibility for keeping our work environment free of harassment. Any employee that becomes aware of an incident of harassment, whether by witnessing the incident or being told of it, must report it to his or her immediate supervisor or to the designated management representative with whom they feel comfortable. When management becomes aware of the existence of harassment, it is obligated by law to take prompt appropriate action, whether or not the victim wants the City to do so. Reporting While the City of Sanger encourages you to communicate directly with the alleged harasser, and make it clear that the harasser's behavior is unacceptable, offensive or inappropriate, it is not required that you do so. It is essential, however, to notify your supervisor immediately even if you are not sure the offending behavior is considered harassment. Any incidents of harassment must be immediately reported to a manager or other management representative. Appropriate investigation and disciplinary action will be taken, all reports will be promptly investigated with due regard for the privacy of everyone involved. However, confidentiality cannot be guaranteed. Any employee found to have harassed a fellow employee or subordinate will be subject to severe disciplinary action up to and including termination. The City of Sanger will also take any additional action necessary to appropriately remedy the situation. Retaliation of any sort will not be permitted. No adverse employment action will be taken for any employee making a good faith report of alleged harassment. The City of Sanger accepts no liability for harassment of one employee by another employee. The individual who makes unwelcome advances, threatens or in any way harasses another employee is personally liable for such actions and their consequences. The City of Sanger may or may not provide legal, financial or any other assistance to an individual accused of harassment if a legal complaint is filed. Policy Statement on Sexual Harassment Wliat Is Sexual Harassment? Sexual harassment may include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when such conduct creates an offensive, hostile and 16 intimidating working environment and prevents an individual from effectively performing the duties of his or her position. It also encompasses such conduct when it is made a term or condition of employment or compensation, either implicitly or explicitly and when an employment decision is based on an individual's acceptance or rejection of such conduct. It is important to note that sexual harassment crosses age and gender boundaries and cannot be stereotyped. Among other perceived unconventional situations, sexual harassment may even involve two women or two men. Sexual harassment may exist on a continuum of behavior. For instance, one example of sexual harassment may be that of an employee showing offensive pictures to another employee. Generally, two categories of sexual harassment exist. The first "quid pro quo", may be defined as an exchange of sexual favors for improvement in your working conditions and/or compensation. The second category, "hostile, intimidating, offensive working environment," can be described as a situation in which unwelcome sexual advances, requests for sexual favors, or other verbal or physical contact of a sexual nature when such conduct creates an intimidating or offensive environment. Examples of hostile, intimidating, and offensive working environment includes but is not limited to pictures, cartoons, symbols, or apparatus found to be offensive and which exist in the work space of an employee. This behavior does not necessarily link improved working conditions in exchange for sexual favors. It is also against the City of Sanger policy to download inappropriate pictures or materials from computer systems, or to use the internet to view inappropriate material. The City of Sanger prohibits any employee from retaliating in any way against anyone who has raised any concern about sexual harassment or discrimination against another individual. The City of Sanger will investigate any complaint of sexual harassment and will take immediate and appropriate disciplinary action if sexual harassment has been found within the workplace. 1.07 How You Were Selected The City of Sanger is confident that as a result of the mutual selection process undertaken, your employment will prove to be beneficial to the City of Sanger as well as yourself and we look forward to having you join us. We carefully select our employees through written applications, personal interviews and reference checks. After all available information was considered and evaluated you were selected to become a member of our team! This selection process helps the City of Sanger find and employ people who are concerned with their own personal success and the success of the City of Sanger; people who want to do a job well; people who can carry on their work with skill and ability; and people who are comfortable with the City of Sanger and who can work well with our team. lyl Employee Background Check Prior to becoming an employee of the City of Sanger, a job -related background check was conducted. As you may know, a comprehensive background check may consist of prior employment verification, professional reference checks, and education confirmation. As appropriate, a credit, criminal, health examination and/or driving record history may have also been obtained. Credit Investigation Following the requirements imposed by the Federal -Truth -In -Lending and the Fair Credit Reporting Acts, a Federal statute that regulates the activities of consumer reporting agencies and users of credit reports, and protects consumers from invasions of privacy by placing certain restrictions on persons who may use or disseminate credit information about the consumer, the City of Sanger conducts a pre -employment credit check only on those applicants for positions that involve financial responsibility. Your employment with us may be conditional upon our review of the information in the credit check. The City of Sanger reserves the right to conduct this credit check at any time after you have been employed. Remember, you have certain legal rights to discover and to dispute or explain any information prepared by the credit checking company. Criminal Records In response to the City of Sanger's zero -tolerance of Violence in the Workplace Policy, the City of Sanger may conduct a pre -employment criminal check on all new employees. The criminal record is checked to protect the City of Sanger's interest and that of its employees and citizens. Criminal background checks may also be conducted from time to time on current employees at the direction of the City Manager. Employees who are charged and/or convicted of a misdemeanor.or felony must notify the City Manager within seventy-two (72) hours of notice of the charge or conviction is made to the employee. Failure to do so may result in disciplinary action, up to and including possible termination. Driver's License and Driving Record Employees whose work requires operation of a motor vehicle must present and maintain a valid driver's license. Any changes in your driving record must be reported to your supervisor immediately. Failure to do so may result in disciplinary action, up to and including possible termination. The City may conduct a driving record check of current employees from time to time. Health Examinations The City of Sanger reserves the right to require an employee's participation in a health examination to determine the employee's ability for performing his/her essential job functions. All such health exams shall be paid for by the City. Drug Testing The City of Sanger reserves the right to require an employee's participation in adrug-screening prior to employment, as well as submitting to random drug testing after employment. 1.08 Standards of Conduct Whenever people gather together to achieve goals, some rules of conduct are needed to help everyone work together efficiently, effectively, and harmoniously. By accepting employment with us, you have a responsibility to the City of Sanger and to your fellow employees to adhere to certain rules of behavior and conduct. The purpose of these rules is not to restrict your rights, but rather to be certain that you understand what conduct is expected and necessary. When each person is aware that he/she can fully depend upon fellow workers to follow the rules of conduct, our organization will be a better place to work for everyone. Unacceptable Activities Generally speaking, we expect each person to act in a mature and responsible way at all times. If you have any questions concerning any work or safety rule, or any of the unacceptable activities listed below, please see your supervisor for an explanation. Note that the following list of Unacceptable Activities does not include all types of conduct that can result in disciplinary action, up to and including termination. Nothing in the list alters the At -Will nature of your employment. Either you or the City of Sanger may terminate the employment relationship with or without reason, and in the absence of any violation of these rules. 1. Violation of any City rule or policy; any action that is detrimental to the City of Sanger's efforts to operate effectively. 2. Violation of security, safety rules, failure to observe safety rules or safety practices; failure to wear required safety equipment; tampering with the City of Sanger equipment or safety equipment. 3. Negligence or any careless action which endangers the life or safety of another person. 4. Being intoxicated or under the influence of a controlled substance while at work; use, possession or sale of a controlled substance in any quantity at any time, except medications prescribed by a physician which do not impair work performance. 5. Unauthorized possession of dangerous or illegal firearms, weapons or explosives on City property or while on duty or on business for the City. 6. Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone when representing the City of Sanger; fighting, or provoking a fight, or negligent damage of property. 7. Insubordination or refusing to obey instructions properly issued by a supervisor pertaining to your work, refusal to help out on a special assignment. 8. Threatening, intimidating or coercing fellow employees on or off the premises at any time, for any purpose. 9. Engaging in an act of sabotage; negligently causing, by act or omission, the destruction or damage of City property or the property of fellow employees, customers, suppliers, or visitors in any manner. 10. Theft or unauthorized possession of City property or the property of fellow employees; unauthorized possession or removal of any City property, including documents from the premises without prior permission from management, unauthorized use of City equipment or property for personal reasons, using City equipment for profit. 11. Dishonesty, falsification or misrepresentation on your application for employment or other work records, lying about sick or personal leave, falsifying reason for a leave of absence or other data requested by the City of Sanger; alteration of City records or other City documents. 12. Giving confidential or proprietary information to any unauthorized person or organization, and/or breach of confidentiality of personnel information. 13. Spreading malicious gossip and/or rumors; engaging in behavior which creates discord and lack of harmony; interfering with another employee on the job; restricting work output or encouraging others to do the same. 14. Immoral conduct or indecency. 15. Conducting a lottery or gambling on City premises. 16. Unsatisfactory or careless work, failure to meet production or quality standards as explained to you by your supervisor. 17. Any act of harassment, sexual, racial or other; telling sexist or racist jokes; making racial or ethnic slurs. 20 18. Leaving work before the end of a workday or not being ready to work at the start of a workday without approval of your supervisor; stopping work before time specified for such purposes. 19. Sleeping or loitering during working hours. 20. Excessive use %J City telephone for personal calls. 21. Smoking in restricted areas or at non -designated times as specified by department rules. 22. Creating or contributing to unsanitary conditions. 23. Posting, removing or altering notices on any bulletin board on City property without the permission of a supervisor at the department head level or higher of the City of Sanger. 24. Failure to report an absence or late arrival, excessive absence or lateness. 25. Posting your own utility bill. 26. Obscene or abusive language toward any manager, employee or customer, indifference or rudeness towards a citizen or fellow employee; any disorderly/antagonistic conduct during working hours. 27. Speeding or careless driving of City vehicles. 28. Failure to immediately report damage to, or an accident involving, City equipment. 29. Soliciting during working hours and/or in working areas; selling merchandise or collecting funds of any kind for charities or others without authorization during business hours, or at a time or place that interferes with the work of another employee on City premises. 30. Failure to use your timesheet; alteration of your own time -sheet or records or attendance documents; punching or altering another employee's time -sheet or records, or causing someone to alter your time -sheet or records. Disciplinary Actions This Disciplinary Actions Policy applies to all employees. This policy pertains to matters of conduct as well as the employee's competence. However, an employee maybe dismissed, with or without cause, without resorting to the steps set forth in this policy. 21 Under normal circumstances, managers are expected to follow the procedure outlined below. There may be particular situations, however, in which the seriousness of the offense justifies the omission of one or more of the steps in the procedure. Likewise, there may be times when the City may decide to repeat a disciplinary step. Further, at any and all steps of the disciplinary process the employee has the right to avail themselves of the Complaint/Appeal Procedure outlined in Section 7.11. Discipline Procedure Unacceptable behavior, which does not lead to immediate dismissal, may be dealt with in the following manner: l . Oral Reminder 2. Written Warning 3. Progressive Discipline 4. Termination Step One: Oral Reminder Your supervisor will give you notice and meet with you to discuss the problem or violation making sure that you understand the nature of the problem or violation and the expected remedy. The purpose of this conversation is to remind you of exactly what the rule or performance expectation is and also to remind you that it is your responsibility to meet the City of Sanger's expectations. You will be informed that the Oral Reminder is the first step of the discipline procedure. Your supervisor will fully document the Oral Reminder. Documentation of the incident will remain in a confidential file and will not be placed in your personnel record, unless another disciplinary event occurs. Confidential files will be kept in the City Manager's office. Step Two: Written Warning If your performance does not improve, or if you are again in violation of City of Sanger practices, rules or standards of conduct, your supervisor will give you notice and discuss the problem with you, emphasizing the seriousness of the issue and the need for you to immediately remedy the problem. Your supervisor will advise you that you are now at the second formal level of disciplinary action. After the meeting, your supervisor will write a memo to you summarizing the discussion and the changes required. A copy of the memo will be placed in to your personnel file after review by the City Manager. 22 Step Three: Progressive Discipline If your performance does not improve following the Written Warning, or if you are again in violation of the City of Sanger practices, rules or standards of conduct, your supervisor will give you written notice of the specific charges and the opportunity for a hearing. After the hearing and review of all information submitted your supervisor may impose more progressive discipline including, but not limited to; suspension without pay, demotion, a temporary or permanent reduction in pay, reassignment to a lesser paying position, or termination. As stated above, the employee may appeal this decision by utilizing the complaint/appeals procedure contained in this document. After discipline is imposed, you will be allowed to return to work with the understanding that if a positive change in behavior does not occur, or if another disciplinary problem occurs, you will be subject to further discipline in accordance with the above procedure up to and including termination. If you are unwilling to make such a commitment, you may either resign or be terminated. Crisis Suspension If you commit any of the actions listed below, or any other action not specified but similarly serious, you will be given a written notice and an opportunity for a hearing and possibly suspended without pay pending an investigation of the situation. Following the investigation and further notice and hearing, you may be terminated without any previous disciplinary action having been taken. 1. Failure to meet prescribed standards of work. 2. Theft or misuse of City property or funds. 3. Destruction of City property 4. Incompetence, inefficiency or negligence in the performance of duty. 5. Insubordination that constitutes a breach of discipline. 6. Conviction of a felony. 7. Unauthorized absence or abuse of leave privileges. 8. Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of his or her duties. 9. Falsification of records. 23 10. Use of official position for personal advantage. 11. Use of City equipment, funds or material for personal benefit. 12. Use and/or possession of illegal intoxicants, drugs or narcotics. 13. Reporting for duty while under Lite influence of intoxicants or the possession of alcohol while on duty. 14. Abuse or unnecessary rudeness to the public. Step Fou��: Te��mznation The final step in the disciplinary process is Termination. Employees will be given notice of a pre -termination hearing and said hearing will be held prior to the decision to terminate. Employee may waive the right to a hearing or voluntarily resign prior to the hearing. The City and employee may call witnesses one at a time to speak at the hearing. The employee will also be given the opportunity to state his or her case before a decision is made. The supervisor will review all pertinent information and make a determination to terminate or not terminate. The decision will then be forwarded to the City Manager for review. 1.09 Introductory Period Your first six months of employment at the City of Sanger are considered an Introductory Period. This Introductory Period will be a time for getting to know your fellow employees, your supervisor and the tasks involved in your job position, as well as becoming familiar with the City of Sanger's policies and procedures. Your supervisor will work closely with you to help you understand the needs and processes of your job. This Introductory Period is a "getting acquainted" time for both you, as an employee, and the City of Sanger, as an employer. During this Introductory Period, the City of Sanger will evaluate your suitability for employment, and you can evaluate the City of Sanger as well. Please understand, however, that completion of the Introductory Period does not guarantee continued employment, as employment is always At -Will. You are free to terminate your employment at any time, with or without reason, and the City of Sanger may choose to terminate your employment at any time, with or without reason. At the end of the Introductory Period, your supervisor will discuss your job performance with you. This review will be similar to the job performance review that is held for regular full-time or part-time employees on an annual basis. A former employee who has been rehired after a separation from the City of Sanger is considered an introductory employee and subject to the introductory period. 24 1.10 Anniversary Date The first day you report to work is your "official" anniversary date. Your anniversary date is used to compute various conditions and benefits described in this Personnel Policy Manual. 1.11 Immigration Law Compliance All offers of employment are contingent on verification of your right to work in the United States. On your first day of work you will be asked to provide original documents verifying your right to work and, as required by Federal law, to sign an I-9 form, Employment Eligibility Verification. If you at any time cannot verify your right to work in the United States, the City of Sanger may be obliged to terminate your employment. 1.12 New Employee Orientation On your first working day, you will be asked to complete employment paperwork. Depending on your department's workload, your supervisor will introduce you to your co-workers and office layout, as well as direct you to the office of Human Resources for orientation to include the following: 1. Personnel policies 2. Retirement benefits 3. Insurance benefits 4. Attendance requirements 5. Disciplinary and grievance procedures 6. Payroll procedures T Introductory period requirements 8. Safety manual 9. Copy of drug screening policy Please feel free to call Human Resources and ask any questions not answered during your orientation. All new employees shall complete the following prior to beginning their duties: 1. Immigration I-9 citizenship form 2. All federal and state payroll deduction forms 3. Group insurance and 125 plan forms 4. TMRS enrollment 1.13 Work Schedule Business Hours 25 Your particular hours of work and the scheduling of your meal period will be determined and assigned by your supervisor. Most employees are assigned to work a forty (40) hour work week. You are required to take a 1 hour lunch. Should you have any questions concerning your work schedule, please ask your supervisor. Attendance The City of Sanger expects you to be ready to work at the beginning of your assigned daily work hours, and to reasonably complete your projects by the end of your assigned work hours. Please let your supervisor know if you will be away from your workstation for an extended period of time and when you expect to return. Absence or Lateness From time to time, it may be necessary for you to be absent from work. The City of Sanger is aware that emergencies, illnesses, or pressing personal business that cannot be scheduled outside your work hours may arise. Personal days, sick days, vacation days, and emergency leave have been provided for this purpose. If you are unable to report to work, or if you will arrive late, please contact your supervisor immediately. If you know in advance that you will need to be absent, please request this time off Erectly from your supervisor. When you call in to inform the City of Sanger of an unexpected absence or late arrival simply ask for your supervisor. If you're arriving to work late, please let your supervisor know when you expect to arrive for work. If you are unable to call in yourself because of an illness, emergency or for some other reason, be sure to have someone call for you. Absence from work without notifying your supervisor will be considered a voluntary resignation. If you are absent because of an illness or injury for three (3) or more successive days (two (2) or more shifts for 24 hour employees), you must submit written documentation from your doctor stating you are able to resume normal work duties before you will be allowed to return to work. A consistent pattern of absences or questionable absences may be cause for disciplinary action. In addition, excessive lateness or leaving early without letting your supervisor know will be considered a "lateness pattern" and may be grounds for disciplinary action. Other factors, like the degree and reason for the lateness, will be taken into consideration. Your supervisor will make a note of any absence or lateness, and their reasons, in your personnel file. Be aware that excessive absences, lateness or leaving early may lead to disciplinary action, including possible dismissal. 26 Meal and Break Periods You are entitled to two (2) fifteen (15) minute paid breaks each workday. Normally these breaks will be scheduled at two different intervals, one prior to your meal period and one after your meal period. These breaks should be scheduled with your supervisor. If you work in a department where breaks are not directly assigned, please coordinate with your co-workers to maintain adequate coverage at all times. If you work longer than four (4) hours, you will be given an unpaid meal period. The time when meal periods are scheduled varies among departments, depending on the needs of each department. You are requested not to perform any work other than responding to emergencies during your regularly scheduled meal period. It is important to return to work on time at the end of your meal period. Severe Weather and Emergency Conditions During periods of inclement weather the City Manager may implement a liberal leave policy. Under liberal leave non -essential employees will be allowed to use accrued time off or take unpaid leave instead of reporting for work. 1.14 Employment Classifications You are classified in three different ways. First you are classified as a regular or temporary employee. Second, you are classified as full-time or part-time employee based on the number of hours you are scheduled to work. In addition, you are classified as either non-exempt or exempt. All other policies described in this Personnel Policy Manual and communicated by the City of Sanger apply to all employees, with the exception of certain wage, salary and time off limitations applying only to "non-exempt" employees and certain benefits that apply only to regular, full- time employees. If you are unsure of which job classification your position fits into, please ask your supervisor. The City reserves the right to change your classification from time to time as conditions warrant. Full An employee who has successfully completed their introductory period (see the Introductory Period Policy fora specc definition) and who works at least forty (40) hours per week is considered a full-time employee. Unless otherwise specified, the benefits described in this Personnel Policy Manual apply only to regular, full-time employees. If you were afull-time employee and have been on an approved leave of absence, upon return you will be considered afull-time employee, provided you return to work as agreed in the provisions of your leave. 27 Part -Time Employees An employee who works less than forty (40) hours per week is considered a part-time employee. If you are a part-time employee, please understand that you are not eligible for benefits described in this Personnel Policy Manual, except as granted herein, or to the extent required by provision of State and Federal laws. Regular Employees Employees hired to work on a regular basis for an indefinite period of time are classified as "regular" employees. Such employees may be either full or part-time. Temporary Employees From time to time, the City of Sanger employee hired under these conditions assignment, work schedule and duration basis. may hire employees to fill temporary positions. An will be considered a temporary employee. The job of the position will be determined on an individual Normally, a temporary position will not exceed ten (10) months in duration, unless specifically extended by the City Manager. A temporary employee does not become a regular employee by virtue of being employed longer than the agreed upon specified period. Paramedics working on a contractual basis are considered temporary employees even if they work longer than ten (10) months and are not eligible for benefits. Temporary employees are not eligible for benefits described in this Personnel Policy Manual, except as granted on occasion, or to the extent required by provision of State and Federal laws. Those temporary employees classified as "non-exempt" who work more than forty (40) hours during any work week will receive overtime pay. Non -Exempt and Exempt Employees At the time you are hired, you will be classified as either "exempt" or "non-exempt." This is necessary because, by law, employees in certain types of jobs are entitled to overtime pay for hours worked in excess of forty (40) hours during any work week. These employees are referred to as "non-exempt" in this Personnel Policy Manual. This means that they are not exempt from (and therefore should receive) overtime pay. Special rules apply to public safety non-exempt personnel. Exempt employees are administrators, executives, professionals, directors, and others whose duties and responsibilities allow them to be "exempt" from overtime pay provisions as provided by the Federal Fair Labor Standards Act (FLSA) and any applicable State laws. Exempt positions are not eligible for overtime compensation Americans with Disabilities Act of 1990 In compliance with the American with Disabilities Act of 1990 the City of Sanger shall not discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, hiring, training, and other terms, conditions, and privileges of employment. The term "qualified individual with a disability" means an individual with a disability that, with or without reasonable accommodation, can .perform the essential functions of the employment position that such individual holds or desires. The City may make pre -placement inquiries of the employment position that such individual holds or desires, and into the ability of an applicant to perform essential, job -related functions. Further, the City may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the result of the examination if : (a) all employees entering the job category are subjected to such an examination regardless of disability (b) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that: (i) supervisors and managers may be informed regarding necessary restrictions of the work or duties of the employee and necessary accommodations (ii) first -aid and safety administration may be informed when appropriate,if the disability might require emergency treatment; and (iii) government officials investigating the City's compliance with the law shall be provided relevant information on request (c) The results of such examination are used only in accordance with the law 1.15 Personnel Records and Administration The task of handling personnel records and related personnel administration functions at the City of Sanger has been assigned to the City Secretary. Questions regarding insurance, wages, and interpretation of policies may be directed to the City Secretary or Human Resources. 29 Your Personnel File Keeping your personnel file up to date can be important to you with regard to pay, deductions, benefits and other matters. If you have a change in any of the items listed below, please be sure to notify your supervisor as soon as possible. 1. Legal name 2. Home address 3. Home telephone number 4. Person to call in case of emergency 5. Number of dependents 6. Marital status 7. Change of beneficiary 8. Driving record or status of driver's license, if you operate any City vehicles. 9. Military or draft status 10. Exemptions on your W4 tax form 11. Training certificates and professional license Upon experiencing a family status change, please notify your supervisor within 31 days for benefit modifications, if necessary. You may see information, which is kept in your own personnel file, if you wish, and you may request and receive copies of all documents you have signed. Please make arrangements with Human Resources. Your Medical Records File All medical records, if any, will be kept in a separate confidential file. The City of Sanger maintains this information in the strictest confidence and may not use or disclose medical information about an employee without the employee first having signed an authorization form permitting such use or disclosure. II. Compensation The goal of the City of Sanger's compensation program is to attract potential employees and encourage well -performing employees to stay with our organization. With this in mind, our compensation program is built to balance both employee and the City of Sanger needs. 2.01 Wage and Salary Policies Compensation Philosophy It is the City of Sanger's desire to pay all regular employees' wages and salaries that are competitive with other employers in the marketplace in a way that will be motivational, fair and 30 equitable. Compensation may vary with individual performance, City finances and in compliance with all applicable statutory requirements. The City of Sanger applies the same principles of fairness to all employees, regardless of organizational level, race, color, citizenship status, national origin, ancestry, gender, sexual orientation, age, religion, creed, physical or mental disability, marital status, veteran status, political affiliation, or any other factor protected by law. Basis for Determining Pay Several factors may influence your rate of pay. Some of the items the City of Sanger considers are the nature and scope of your job, what other employers pay their employees for comparable jobs (external equity), what the City of Sanger pays its employees in comparable positions (internal equity), and individual as well as the City of Sanger performance. It is the City of Sanger's goal to have a current job description on hand which broadly defines your job responsibilities. Pay Period and Hours Our payroll workweek begins on Thursday at 12:01 a.m. and ends on Wednesday at 12:00 midnight. Pay Cycle Payday is normally on every other Friday for services performed during the two (2) week period ending the previous Wednesday at 12:00 midnight. The bi-weekly pay schedule is made up of twenty-six (26) pay periods per year. Changes will be made and announced in advance whenever the City of Sanger holidays or closings interfere with the normal pay schedule. Paycheck Distribution Paychecks will be given to the department supervisor or automatically deposited into your account on the pay dates specified above. Mandatory Deductions from Paycheck The City of Sanger is required by law to make certain deductions from your paycheck each time one is prepared. These deductions will be itemized on your check stub. The amount of the deductions will depend on your earnings and on the information you furnish on your W4 form regarding the number of exemptions you claim. If you wish to modify this number, please request a new W4 form from Human Resources immediately. Only you may modify your W4 form. Verbal or written instructions are not sufficient to modify withholding allowances. We advise you to check your pay stub to ensure that it reflects the proper number of withholdings. 31 The W-2 form you receive annually reflects how much of your earnings were deducted for these purposes. Any other mandatory deductions to be made from your paycheck, such as court -ordered garnishments, will be explained whenever the City of Sanger is ordered to make such deductions. Error in Pay Every effort is made to avoid errors in your paycheck. If you believe an error has been made, tell your supervisor immediately. He/she will take the necessary steps to research the problem and to assure that any necessary correction is made promptly. Overtime Pay If you are anon -exempt employee, other than public safety employees, you will be eligible to receive overtime pay of one and one-half (11/2) times your regular hourly wage for approved hours worked over eight (8) hours a day, or over forty (40) hours in one (1) week. If, during that week, you were away from the job because of a job -related injury, paid holiday, jury duty, vacation day, or paid sick time, those hours not worked will not be counted as hours worked for the purpose of computing eligibility for overtime pay. Non-exempt public safety employees working twenty-four (24) hour shifts will be granted overtime for all hours worked in excess of 106 hours in the two week pay period. If, during that week, you were away from the job because of a job -related injury, paid holiday, jury duty, vacation day, or paid sick time, those hours not worked will not be counted as hours worked for the purpose of computing eligibility for overtime pay. Please note if you are anon -exempt employee on an approved flexible work arrangement, overtime hours will be computed only on those hours worked in excess of a forty (40) out workweek. All overtime must be approved in advance by your supervisor. Longevity Pay Employees will receive $4.00 per month for each full year of service in longevity pay. Longevity pay will be paid once annually in December of each year. For calculation purposes, the number of years eligible will be the number of full years worked as of December first each year. Employees will not be paid for partial years worked. Work Performed on City Holidays Full-time "non-exempt" employees, other than public safety personnel, who are eligible for overtime pay in accordance with the Fair Labor Standards Act, and who work on a City holiday will be paid at their regular rate of pay for actual hours worked in addition to their eight (8) hours A holiday pay regardless of the number of hours worked during that same work week. 32 Employees working twenty-four (24) hour shifts will be paid for twelve (12) hours of holiday pay, plus their regular rate for actual hours worked on the holiday. Compensatory Time Off The City of Sanger gives "nonexempt" employees the option of receiving compensatory time off ("comp time") instead of overtime pay for overtime hours worked. All comp time shall be accrued at the rate of one and one-half (11/z) hours for each hour of overtime worked. Comp time must be requested prior to the end of the pay period in which the overtime was earned. The decision to grant comp time instead of overtime is at the sole discretion of the department supervisor. Comp time scheduling will be done on a prior approval basis, and will be scheduled to meet both the needs of the employee and the City of Sanger. Employees may not exceed eighty (80) hours of comp time accrual at any time. Time Records By law, we are obligated to keep accurate records of the time worked by employees. This is done by time sheets. You are responsible for accurately recording your time. No one may record hours worked on anther's time sheet. Tampering with yours or another employee's time record is cause for disciplinary action, up to and including possible termination of both employees. In the event of an error in recording your time, please report the matter to your supervisor immediately. City Indebtedness City employees are expected to remain current on their utility bills with the City. It is hard to hold others responsible for paying their just debts if we do not hold ourselves responsible. City employees who are late in paying their utility bills will be charged all applicable late fees. City employees who fall more than sixty (60) days behind on any portion of their utility bills will be subject to disciplinary action. 2.02 Performance and Compensation Reviews Performance Reviews Because we want you to grow and succeed in your job, the City of Sanger conducts a formal review one (1) time per year for each employee. New employees maybe reviewed near the end of their Introductory Period. A review may also be conducted six (6) months after a promotion or change in duties and responsibilities. During a formal performance review your supervisor may cover the following areas: - The quality and quantity of your work 33 Strengths and areas for improvement Attitude and willingness to work Initiative and teamwork Attendance Customer service orientation Problem solving skills Ongoing professional growth and development Your review provides a golden opportunity for collaborative, two-way communication between you and your supervisor. This is a good time to discuss your interests and future goals. Your supervisor is interested in helping you to progress and to grow in order to achieve personal as well as work -related goals. Perhaps he/she can recommend further training or additional opportunities for you. The performance review gives your supervisor an opportunity to suggest ways for you to advance and make your job at the City of Sanger more fulfilling. Your supervisor can answer any questions you may have about the performance review process. Compensation Reviews The City of Sanger's compensation reviews are usually given with performance reviews. Any applicable compensation increase will appear in the pay period ending after the date granted. Compensation increases may be retroactive in the case of late reviews. Having your compensation reviewed does not necessarily mean that you will be given an increase. An individual's pay adjustment will depend on how consistently he/she performs over a given period of time. During the review, significant performance events that occurred throughout the year will be discussed. In addition to individual job performance reviews, the City of Sanger periodically conducts a review of job descriptions to ensure that we are fully aware of any changes in the duties and responsibilities of each position, and that such changes are recognized and adequately compensated. III. Benefits The City of Sanger is committed to sponsoring a comprehensive benefits program for all eligible employees. In addition to receiving an equitable salary and having an equal opportunity for professional development and advancement, you may be eligible to enjoy other benefits, which will enhance your job satisfaction. We are certain you will agree the benefits program described in this Employee Personnel Policy represents a very large investment by the City of Sanger. A good benefits program is a solid investment in the City of Sanger's employees. The City of Sanger will periodically review the benefits program and will make modifications as appropriate. The City of Sanger reserves the right to modify, add or delete the benefits it offers. Soul Eligibility for Benefits If you are a regular, full-time employee, you will enjoy all of the benefits described in this Personnel Policy Manual as soon as you meet the eligibility requirements for each particular benefit. Coverage is available to you and your dependents as defined in the benefit summary plan descriptions. If you are a part-time employee, you will enjoy only those benefits specifically required by law, provided that you meet the minimum requirements set forth by law and in the benefit plan(s). Temporary employees are not eligible for benefits. Benefits may be limited during your Introductory Period, except as otherwise provided by law or specified herein. 3.02 Insurance Coverage Group Insurance The City of Sanger is dedicated to the health and well being of both you and your family. A comprehensive, quality insurance program is available to you and your family. You become eligible for coverage on the first of the month after completing a full month of employment. The following benefits are provided, as defined and limited in the literature provided by our insurance provider. - Medical care coverage - Group term life insurance Upon enrolling, you will obtain summary plan descriptions describing your benefits in detail. The full cost for employee coverage and dependent coverage will be the responsibility of the employee unless the City decides to cover part of the rates. The City may at any time and t its sole discretion alter the portion of any rates paid by the City. Applicable employee contributions will be automatically deducted from your paycheck. According to the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, in the event of your termination of employment with the City of Sanger or loss of eligibility to remain covered under our group health insurance program, you and your eligible dependents may have the right to continued coverage under our health insurance program for a limited period of time at your own expense. Consult Human Resources for details. 3.03 Government Required Coverage Workers' Compensation All employees are entitled to Workers' Compensation benefits. This coverage is automatic and immediate and protects you in the event of an on -the job injury. An on -the job injury is defined as an accidental injury suffered in the course of your work, or an illness which is directly related to performing your assigned job duties. The City of Sanger pays for this job -injury insurance. If you cannot work due to a job -related injury or illness, Workers' Compensation insurance pays your medical bills and provides a portion of your income until you can return to work. Employee must see the doctor assigned by the City and not your personal physician. All injuries or illnesses arising out of the scope of your employment must be reported to your supervisor immediately. Prompt reporting is the key to prompt benefits. Benefits are automatic, but nothing can happen until your employer knows about the injury. Ensure your right to benefits by reporting every injury, no matter how slight. Although the City of Sanger will pay for the time lost because of awork-related accident during the remainder of the normal workday in which the accident occurs, Workers' Compensation payments for lost wages aren't made for the first three (3) days you're unable to work (including weekends). However, if you're hospitalized or off work more than three (3) weeks, payments will be made even for the first three (3) days. Employees returning to work after being absent due to awork-related injury must report to their supervisor prior to beginning work and must bring a doctor's clearance for returning to work. Unemployment Compensation Depending upon the circumstances, employees may be eligible for Unemployment Compensation upon termination of employment with the City of Sanger. Eligibility for Unemployment Compensation is determined by the Texas Workforce Commission. The City of Sanger pays the entire cost of this insurance program. Unemployment compensation is designed to provide you with a temporary income when you are out %J work through no fault of your own. For your claim to be valid, you must have a minimum amount of earnings determined by the State, and you must be willing and able to work. You should apply for benefits through the local Texas Workforce Commission Office as soon as you become unemployed. Social Security The United States government operates a mandated retirement system known as Social Security. As a wage earner, you are required by law to contribute a set amount of your weekly wages to the trust fund from which benefits are paid. As your employer, the City of Sanger is required to 36 deduct this amount from each paycheck you receive. In addition, the City of Sanger matches your contribution dollar for dollar, thereby paying one-half of the cost of Social Security benefits. Your Social Security number is used to record your earnings. Employees are encouraged to protect your Social Security record by ensuring your name and Social Security number on your W-2 form are correct. You may also want to make sure your earnings statement is accurate each year by requesting a Personal Earnings and Benefit Estimate Statement from the U.S. Social Security Administration by calling 1-800-772-1213 or you may even access them on-line, at www.ssa.gov. 3.04 Retirement Plan The City of Sanger has a Retirement Plan to provide eligible employees (those who have completed sufficient service) with a monthly pension benefit upon retirement. All regular full- time employees and part-time employees who work at least one thousand five hundred and sixty (1,560) hours per year are eligible to participate in the Retirement Plan. Participation in the plan begins on your date of hire. The details regarding the City of Sanger and employee contributions, vesting, administration, and investments are provided in the Summary Plan Description, which was given to you during your new employee orientation. Supplemental Retirement The City offers employees the option to voluntarily participate in a supplemental retirement plan. Information on the supplemental retirement plan will be explained at orientation and is available from Human Resources, 3.05 Other Benefits Credit Union Membership As an employee of the City of Sanger, you are eligible for membership in the Denton Area Teacher's Credit Union. Membership can enable you to borrow money at low interest rates. You may also save money and maintain an IRA account with the credit union. Contact Human Resources for details on how to join the credit union. Tuition Reimbursement Regular full-time employees who have completed one year of service maybe eligible for partial reimbursement of tuition for university or vocational education directly related to their current position. Tuition reimbursement is capped at $1000 per semester and $2000 per year for each employee, provided funds are available. The City Manager must approve tuition reimbursement before classes begin. Reimbursement will only be paid after successful completion of the class or classes and completion with a grade equivalent to a C or better. 37 Regular full-time employees may apply for partial tuition reimbursement for university or vocational education not directly related to their job. Tuition reimbursement is capped at $500 per semester and $1000 per year for each employee provided funds are available. The City Manager must approve tuition reimbursement before classes begin. Reimbursement will only be paid after successful completion of the class or classes and completion with a grade equivalent to a C or better. Regular full-time employees receiving tuition reimbursement will be required to sign an agreement requiring them to work for the City an additional one month for each $200, or portion thereof rounded up, received in reimbursement or reimburse the City for any un-forgiven tuition balance at the time of resignation or termination. On the last day of each month $200 will be Forgiven from the employee's outstanding tuition balance. This provision in no way changes an employee's status as an At -Will employee, creates any property rights in the employee's employment status, or precludes the employee or employer from terminating the employee's employment. IV. Leaves Both paid and unpaid time off may be granted to eligible employees, according to the following leave policies. Please consult Human Resources for further information. 4.01 Paid Leaves In the interest of maintaining a healthy balance between work and home, the City of Sanger offers eligible employees paid time off. Time off is paid using your base hourly rate, excluding overtime compensation, if any. Holidays Regular full-time employees are eligible for eight (8) hours of holiday pay for each holiday approved by the City Council. Holidays that occur on a Saturday or Sunday will be observed on the preceding or following workday as applicable. Authorized holidays include: New Year's Day Martin Luther King Jr. Birthday President's Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Christmas Day Vacation Vacation is a time for you to rest, relax, and pursue special interests. The City of Sanger provides paid vacation as one of the many ways in which we show our appreci pration for your work, knowledge, skills, and talents; all of which contribute to make the City of Sanger so successful. Eligible employees will begin accumulating vacation time immediately upon completing the first full pay cycle. Vacation time will be held in escrow for the first six months. Upon completion of six months of service, regular full-time employees are eligible to utilize vacation benefits. Part-time employees working fewer than 40 hours per week and temporary employees are not eligible. Amount of Vacation Eligible employees accrue vacation each pay period. The vacation accrual rate is based on length of employment, as follows: Years of Employment Total Accrual Per Month (Hours) If Working an• 8 hour shift 24 hour shift Less than five (5) years 6.75 9.5 Five (5) to ten (10) years 8.0 11.25 Eleven (11) to fifteen (15) years 10.00 14.00 More than fifteen (15) years 13.50 19.00 Vacation Policies The City of Sanger will always try to let you use your vacation time as desired, but vacations cannot interfere with your department's operation. Therefore, your department head must approve your vacation. If any conflicts arise in vacation requests, preference will be given to the employee with the longest length of continuous service. All vacation time must be taken in half day increments, unless otherwise authorized in writing. Your department head has the responsibility to maintain adequate staffing levels and has the authority to limit the approval of vacation requests in order to meet operational needs. Requests will normally be granted as long as your absence will not seriously affect your department's operations. Vacation requests may be cancelled in cases of emergency when the employee's services are required for City operations. The term "year of service" is to be defined as from Anniversary date to Anniversary date If you have unused vacation days upon the termination of your employment with the City of Sanger, you will be paid for that time at your regular base hourly rate. Accumulation Rights Vacation time may be carried over from year to year. Employees may only accumulate a maximum of 200 hours of vacation (240 for 24 hour shift personnel) at anytime during the year. Employees should manage their time so that they do not exceed 200 hours. No time may be accrued over the 200 hour cap. From December 1 until January 31, an employee may sell one week of vacation back to the City. Sick Leave Regular, full-time employees are eligible to accrue paid sick leave. Sick leave hours begin accruing on your hire date. Sick leave hours will be awarded on the last day of each calendar month. Amount of Sick Leave Each employee shall be entitled to one (1) day of sick leave per month to accumulate to a total of twelve (12) days per year. Regular, full time employees working twenty-four (24) hour shifts will accrue sick leave at a rate of 1.4 times the regular rate based on 2912 scheduled hours versus 2080 scheduled hours. Sick Leave Policies Please let your supervisor know that you will be absent from work due to illness as early as possible. In addition to utilizing sick leave in the event of your own illness, sick leave may also be used for the purpose of visiting doctors, dentists or other recognized practitioners. Sick leave may also be used for the purpose of tending to a serious illness suffered by a member of your immediate family, in the event the illness requires your personal time and attention. For purposes of this policy, immediate family includes spouse, child, parent, or sibling living in your home. If an employee is absent for three (3) or more days, the City of Sanger will require a doctor's certificate verifying the necessity for absences. Employees working 24 hour shifts must present a doctors certificate if absent for two (2) or more shifts. In the event of an illness or injury which is covered by Workers' Compensation insurance, this Sick Leave Policy will not apply, but will defer to State statutes. Aeeumulation Rights Sick leave may be carried over and accumulated from year to year, up to a maximum of 720 hours (960 hours for 24 hour shift employees). Any employee who retires from the City of Sanger and has twenty (20) years of continual service with the City will be compensated for fifty percent (50%) of their accrued sick leave at their current daily rate, not to exceed ninety (90) days. Method of payment shall be at the discretion of the City. Personal Leave On January 1, each calendar year, regular, full time employees will be granted two (2) personal days chargeable to sick leave. If in the previous calendar year the employee has not used more than one (1) day of any sick leave, an additional two (2) personal days will be granted. If no more than two (2) sick days are used, the employee will receive one (1) additional personal day. Use of personal days in the previous calendar year will not be counted in determining the two additional days. Personal days must be scheduled with your supervisor at a mutually agreeable time. Personal days must be used by the end of the calendar year and cannot be carried over and may not be taken in less than four hour increments. Employees who have not worked the full calendar year will receive personal days on a pro -rated basis. Other Paid Leaves Funeral (Bereavement) Leave Leave with pay shall be granted at the maximum amount of five (5) working days per year to regular, full-time employees upon request to make arrangements for and attend funeral services of the employee's spouse, child, parent, grandparent, sibling and the spouse's parent or grandparent. Jury Duty It is your civic duty as a citizen to report for jury duty whenever called. If you are called for jury duty, you must notify your department head within forty-eight (48) hours of receipt of the jury summons. Any employee directly summoned to serve on a jury, grand jury or in a court trial shall be granted leave with pay for the time away from work required by such duty. You must report for work if you are released from jury duty before the end of your work day or if you are temporarily released from jury duty. 41 Military Leave The City of Sanger complies with the provisions of H.B. 761 Acts of the 53d Texas Legislature. This provides that employees who are members of the National Guard, Official Militate of Texas, or any of the reserve units of the Armed Forces of the United States, excluding the Merchant Marines, when so ordered or authorized, shall be entitled to a leave of absence with pay during any period when they shall be engaged in field training or encampment, or when ordered to duty with troops for field exercises. This policy does not apply to employees who volunteer or are drafted into full-time military service. Military Leave with pay shall be in addition to any other form of leave with pay to which an employee may normally be entitled. This shall not exceed fifteen (15) working days in any one calendar year. Advancement Upon authorization of their department head or the City Manager, full-time employees are authorized to leave work to attend conferences, seminars, conventions, schools and similar events designed to enhance work skills, training, and performance that are beneficial to the City of Sanger. Attendance to such events is limited to budget constraints. 4.02 Unpaid Leaves Occasionally, for medical, personal or other reasons, you may need to be temporarily released from the duties of your job with the City of Sanger. It is the policy of the City to allow its eligible employees to apply for and be considered for certain specific leaves of absence. Once you have used all of your accrued sick or personal days, the time may be counted against your accrued vacation time. Thereafter, unless specifically accepted, any time off will be without pay. Failure to return to work as scheduled from an approved leave of absence or to inform your supervisor of an acceptable reason for not returning as scheduled will be considered a voluntary resignation of employment. All requests for leaves of absence shall be submitted in writing to the City Manager. Each request shall provide sufficient detail such as the reason for the leave, the expected duration of the leave, and the relationship of family members, if applicable. Family /Medical Leave of Absence The City of Sanger will not discriminate against employees as a result of the approved use of family care or medical leave or a proper request for such leave. Requests for family care and medical leave will be considered without regard to race, color, citizenship status, national origin, 42 ancestry, gender, sexual orientation, age, religion, creed, physical or mental disability, marital status or veteran status. In general, a leave of absence is an official authorization to be absent from work without pay for a specified period of time. Eligible employees may be entitled to job -protected family or medical leaves of absence if they are unable to come to work due to pressing family or medical concerns as described within this Family/Medical Leave of Absence Policy, which shall be administered in accordance with applicable State and Federal laws as follows: 1. Employees are eligible if they have been actively employed for twelve (12) months and worked at least 1250 hours (an average of twenty-five 25 hours per week) during those twelve (12) months. This twelve (12) month period "rolls back" from the date of leave to the prior twelve (12) month period. 2. Employees may request one (1) or more family care or medical leaves, however, the total amount of leave taken cannot exceed twelve (12) work weeks in any twelve (12) month period. You may request an intermittent leave or reduced schedule leave to care for a seriously ill family member or if you have a serious health condition that warrants such a request. 3. A family leave shall be granted upon the birth or adoption of a child of the employee, or upon the serious health condition of the employee's child, spouse or parent. 4. A medical leave shall be granted upon the employee's own serious health condition. 5. In appropriate circumstances, we may require you to be examined by a physician designated by the City of Sanger, at the City's expense. 6. In the event of a serious health condition to the employee or his/her child, spouse, or parent, creating a need for unforeseeable family or medical leave, the employee must provide us with notice, as soon as practical, of any needed time off and a written doctor's certificate. The certification must include the date on which the health condition occurred, the probable duration of the condition, an estimate of the amount of time you need to be off work to care for the family member or for your own health condition, and confirmation that the nature of the condition and confirmation that the nature of the condition warrants you to be away from work to care for yourself or your dependent. 7. Employees shall be required to give thirty (30) days advance notice in the event of foreseeable medical treatment. To assist us in arranging work assignments during your absence, we ask that you give us prior notice, to the extent possible, of an expected birth or adoption, as well as an indication, to the extent known of your expected return date. To facilitate your return to work, we also ask that you provide us with two (2) weeks advance notification of your intended return date. Failure to do so may delay your return date. 43 8. For purposes of this policy, a child is defined as a natural, adopted or foster child, a stepchild or a legal ward. If the child is over eighteen (18), he or she must be unable to care for him or herself due to a serious health condition. 9. A parent is defined as the employee's or his/her spouse's natural, adoptive, foster parent, stepparent or legal guardian. 10. A serious health condition is defined as a disabling physical, mental illness, injury, impairment, or condition involving: 1) Inpatient care in a hospital, nursing home, or hospice; or 2) Outpatient care requiring continuing treatment or supervision from a health care professional 11. Leave of absence rights available to you under other sections of our policy shall be counted towards the total time off available under this section. 12. A family care leave that relates to the birth or adoption of a child must be completed within twelve (12) months of the birth or adoption. 13. Upon completion of a leave granted under this section, you shall be reinstated to your original position, or an equivalent one. 14. If due to your own medical circumstances, you are no longer able to perform your original job, we will attempt to transfer you to alternate suitable work, if available. 15. You must use any accrued vacation or other accrued paid time off, during your family or medical leave. If the leave is related to your own serious health condition, you must use any accrued sick leave during your medical leave. 16. While on a leave of absence, provided for under this policy, we will continue your group health insurance benefits under the same terms as provided to other employees, for up to a maximum of twelve (12) weeks leave during any one (1) year period. If your leave extends beyond twelve (12) weeks, you shall be offered the opportunity to purchase continuing coverage under State and Federal COBRA continuation rules. 17. Other accumulated fringe benefits such as retirement, service credits, sick pay, vacation pay, and the like, shall be preserved at the level accrued as of commencement of the leave, unless used during the leave, but shall not accrue further during any such leave period. 18. During a period of disability, you maybe eligible for disability pay benefits. Please refer to the applicable plan documents for details on eligibility, benefit amounts, and other particulars. 19. If additional family care or medical leave is required you must, prior to expiration of the family care or medical leave, submit additional certification to the City of Sanger. 20. Should you seek a leave of absence for reasons other than described above, we will evaluate such a request based on particular circumstances present at that time including but not limited to your current and anticipated work responsibilities, performance, and the City of Sanger needs. The City of Sanger reserves the right to refuse such a request at its sole discretion. 4.03 Accepting Other Employment or Going into Business While on Leave Of Absence If you accept any employment or go into business while on Leave of Absence from the City of Sanger, you will be considered to have voluntarily resigned from employment with the City as of the day on which you began your leave of absence. V. Safety 5.01 General Policies The City of Sanger is committed to the safety and health of all employees and recognizes the need to comply with regulations governing injury and accident prevention and employee safety. Maintaining a safe work environment, however, requires the continuous cooperation of all employees. The City of Sanger will maintain safety and health practices consistent with our needs. If you are ever in doubt about how to safely perform a job, it is your responsibility to ask your supervisor for assistance. Any suspected unsafe conditions and all injuries that occur on the job must be reported immediately. Compliance with these safety rules is considered a condition of employment. Therefore, it is a requirement that each department head make the safety of employees an integral part of her/his regular management functions. It is the responsibility of each employee to accept and follow established safety regulations and procedures. The City of Sanger strongly encourages you to communicate with your department head regarding safety issues. 5.02 Reporting Safety Issues All accidents, injuries, potential safety hazards, safety suggestions and health and safety related issues must be reported immediately to your supervisor. If you or another employee is injured, you should contact emergency response agencies, if needed. If an injury does not require medical attention, a supervisor must be notified and an Employee Report of Accident form must still be completed in case medical treatment is later needed and to ensure that any existing safety hazards are corrected. The Employee's Claim for Worker's Compensation Benefits form must be completed in all cases in which an injury requiring medical attention has occurred. G� Federal law (Occupational Safety and Health Administration) requires that we keep records of all illnesses and accidents which occur during the workday. The Texas State Workers' Compensation Act also requires that you report any workplace illness or injury, no matter how slight. If you fail to report an injury, you may jeopardize your right to collect workers' compensation payments as well as health benefits. OSHA also provides for your right to know about any health hazards which might be present on the job. Should you have any questions or concerns, contact your supervisor for more information. 5.03 Safety Rules Safety is everybody's business. Safety is to be given primary importance in every aspect of planning and performing all job -related activities. We want to protect you against industrial injury and illness, as well as minimize the potential loss of production. Below are some general safety rules to assist you in making safety a regular part of your work. Your department head may post other safety procedures in your department or work area. Working Safety Safety is everyone's responsibility. Remind your co-workers about safe work methods. Start work on any machine only after safety procedures and requirements have been explained. Immediately report any suspected hazards and all accidents to your supervisor. Lifting Ask for assistance when lifting heavy objects or moving heavy furniture. Bend your knees, get a firm grip on the object, hold it close to your body and space your feet for good balance. Lift using your stronger leg muscles, not your weaker back muscles. Materials Handling Do not throw objects. Always carry or pass them. _Use flammable items, such as cleaning fluids, with caution. Also, stack materials only to safe heights. Trash Disposal Keep sharp objects and dangerous substances out of the trash can. Items that require special handling should be disposed of in approved containers. Cleaning Up To prevent slips and tripping, clean up spills and pick up debris immediately. Preventing Falls Keep aisles, work places and stairways clean, clear and well lighted. Walk, don't run. Watch your step. Handling Tools Exercise caution when handling objects and tools. Do not use broken, defective or greasy tools. Use tools for their intended purpose only power tool. Falling Objects Wear safety glasses or goggles whenever using a Store objects and tools where they won't fall. shelves. Work Areas Do not store heavy objects or glass on high Keep cabinet doors and file and desk drawers closed when not in use. Remove or pad torn, sharp corners and edges. Keep drawers closed. Open only one drawer at a time. Using Ladders Place ladders securely. Do not stand on boxes, chairs or other devices not intended to be used as ladders. Machine Guards Keep guards in place at all times. Do not clean disconnect switches while making repairs or cleaning. Personal Protective Equipment machinery while it is running. Lock all Always wear or use appropriate safety equipment as required in your work. Wear appropriate personal protective equipment, like shoes, hats, gloves, goggles, spats, vests and hearing protectors in designated areas or when working on an operation which is potentially hazardous. Also, wear gloves whenever handling castings, scrap, or barrels. Electrical Hazards Do not stand on a we floor while using any electrical apparatus. Keep extension cords in good repair. Don't make unauthorized connections or repairs. Do not overload outlets. 47 Fire Extinguishers Know where fire extinguishers are and now to use them. Report Injuries Immediately report all injuries, no matter how slight, to your supervisor. Ask Questions If you are ever in doubt regarding the safe way to perform a task, please do not proceed until you have consulted a supervisor or department head. Employees will not be asked to perform any task which may be dangerous to their health, safety or security. If you feel a task may be dangerous, inform your department head at once. We strongly encourage employee participation and your input on health and safety matters. Employees may report potential hazards and make suggestions about safety without fear of retaliation. We appreciate, encourage and expect this type of involvement! The success of the safety program relies on the participation of all employees. Though it is the City of Sanger's responsibility to provide for the safety, health and security of its workers during working hours, it is the responsibility of each employee to abide by the rules, regulations and guidelines set forth. Remember, failure to adhere to these rules will be considered serious infractions of safety rules and will result in disciplinary actions. 5.04 Weapons The City of Sanger believes it is important to establish a clear policy that addresses weapons in the workplace. Specifically, the City prohibits all persons who enter the City of Sanger property from carrying a handgun, firearm, or other prohibited weapon of any kind regardless of whether the person is licensed to carry the weapon or not. The only exception to this policy will be police officers, security guards or other persons who have been given written consent by the City of Sanger to carry a weapon on the property. Any employee disregarding this policy will be subject to immediate termination. Further, it is every employee's responsibility to report immediately to his/her supervisor if another employee is in possession of a prohibited weapon. Failure to report immediately to your supervisor is grounds for disciplinary action up to and including immediate termination. 5.05 Fire Prevention Know the location of the fire extinguishers) in your area and make sure they are kept clear at all times. Notify your supervisor if an extinguisher is used or if the seal is broken. Keep in mind that extinguishers that are rated ABC can be used for paper, wood, or electrical fires. Make sure all flammable liquids, such as gasoline are stored in approved and appropriately labeled safety cans and are not exposed to any ignition source. In Case of Fire If you are aware of a fire, you should: - Dial 911 - If possible, immediately contact your supervisor. Evacuate all employees from the area. If the fire is small and contained, notify the fire department, then locate the nearest fire extinguisher. This should only be attempted by employees who are knowledgeable in the correct use of fire extinguishers. - If the fire is out of control leave the area immediately. No attempt should be made to fight the fire. When the fire department arrives, direct the crew to the fire, do not re-enter the building until directed to do so by the fire department. 5.06 Emergency Evacuation If you are advised to evacuate the building, you should: - Stop all work immediately. - Contact outside emergency response agencies, if needed. - Walk to the nearest exit, including emergency exit doors. - Exit quickly, but do not run. Do not stop for personal belongings. - Proceed, in an orderly fashion, to a parking lot near the building. Be present and accounted for during roll call. Do not re-enter the building until instructed to do so. 5.07 Housekeeping Neatness and good housekeeping are signs of efficiency. You are expected to keep your work area neat and orderly at all times - it is a required safety precaution. If you spill a liquid, clean it up immediately. Do not leave tools, materials, or other objects on the floor which may cause others to trip or fall. Keep aisles, stairways, exits, electrical panels, fire extinguishers, and doorways clear at all times. Easily accessible trash receptacles and recycling containers are located throughout the building. Please put all litter and recyclable materials in the appropriate receptacles and containers. Please report anything that needs repairing or replacing to your supervisor immediately. 5.08 Property and Equipment Care It is your responsibility to understand the equipment needed to perform your duties. Good care of any equipment that you use during the course of your employment, as well as the conservative use of supplies, will benefit you and the City of Sanger. If you find that any equipment is not working properly or in any way appears unsafe, please notify your supervisor immediately so that repairs or adjustments may be made. Under no circumstances should you start or operate equipment you deem unsafe, nor should you adjust or modify the safeguards provided. Do not attempt to use any equipment you do not know how to operate, or if you have not completed training on the proper use of the equipment. 5.09 Restricted Areas In the interest of safety and security, certain portions of City facilities may be restricted to authorized personnel only. Such areas will be clearly marked. Some areas maybe designated no smoking areas as well. 5.10 Safety Rules When Operating Machines and Equipment When operating machines and equipment, please be sure to follow these procedures: - Make sure machine guards are in place while machines are in operation. - Remove loose clothing, jewelry or rings before operating machinery. - Wear steel toe shoes and prescription eye protection to start the job, if required. 50 We will continue to provide a clean, safe and healthy place to work and we will provide the best equipment possible. You are expected to work safely, to observe all safety rules and to keep the premises clean and neat. Remember that carelessly endangering yourself or others may lead to disciplinary action, including possible termination. 5.11 Security Maintaining the security of City buildings and vehicles is every employee's responsibility. Develop habits that ensure security as a matter of course. For example. Always keep cash properly secured. If you are aware that cash is insecurely stored, immediately inform the person responsible. Know the location of all alarms and fire extinguishers, and familiarize yourself with proper procedures for using them should the need arise. When you leave the premises make sure that all entrances are properly locked and secured. 5.12 Smoking Smoke only in designated smoking areas. Please be courteous and concerned about the needs of your fellow employees and others. Please do not smoke in restricted areas. VI. Separation of Employment 6.01 Termination The City of Sanger operates under the principle of At -Will employment. This means that neither you nor the City has entered into a contract regarding the duration of your employment. You are free to terminate your employment with the City of Sanger at any time, with or without reason. Likewise, the City of Sanger has the right to terminate your employment, or otherwise, transfer, or change your employment status or classification at any time, with or without reason, at the discretion of the City. The City of Sanger hopes and expects that you will give at least two (2) weeks notice in the event of your resignation. 6.02 Insurance Conversion Privileges According to the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, in the event of your termination of employment with the City of Sanger or loss of eligibility to remain covered under our group health insurance program, you and your eligible dependents 51 may have the right to continued coverage under our health insurance program for a limited period of time at your own expense. At your exit interview or upon termination, you will learn how you can continue your insurance coverage and any other benefits you currently have as an employee who is eligible for continuation. Consult Human Resources for additional details. 6.03 Exit Interviews In a termination situation, the City Manager or his designee would like to conduct an exit interview to discuss your reasons for leaving and any other impressions that you may have about the City of Sanger. During the exit interview, you can provide insights into areas for improvement that the City can make. Every attempt will be made to keep all information confidential. However, if corrective action is required, information received in the exit interview may be used as the basis of the corrective action. 6.04 Return of City of Sanger Property Any City property issued to you must be returned to the City of Sanger at the time of your termination. You will be responsible for any lost or damaged items. The value of any property issued and not returned may be deducted from your paycheck, and you may be required to sign a wage deduction authorization form for this purpose. 6.05 Former Employees Depending on the circumstances, the City of Sanger may consider a former employee for re- employment. Such applicants are subject to the City of Sanger's usual pre -employment procedures. To be considered, an applicant must have been in good standing at the time of their previous termination of employment with the City. Employees who have been gone for less than 180 days and wish to return may have their previous benefits reinstated after completion of their introductory period. Reinstatement of benefits will be at the sole discretion of the City Manager. 6.06 Post -Employment Inquiries The City of Sanger does not respond to oral requests for references. Written requests must be submitted to the City Manager's office for processing. The City may provide a reference to potential employers only if you have completed and signed a release form allowing us to do so. As an employee of the City of Sanger, do not under any circumstance, respond to any requests for information regarding another employee unless it is part of your assigned job responsibilities. If it is not, please forward the information requests to the City Manager. 52 VII. Workplace Policies This Personnel Policy Manual is designed to answer many of your questions about the practices and policies of the City of Sanger. Feel free to consult with your supervisor or Human Resources for help concerning anything you don't understand. 7.01 Communications Successful working conditions and relationships depend upon successful communication. Not only do you need to stay aware of changes in procedures, policies and general information, you also need to communicate your ideas, suggestions, personal goals or problems as they affect your work. In addition to the exchanges of information and expressions of ideas and attitudes which occur daily, make certain you are aware of and utilize all methods of communication used by the City A Sanger. You will receive other information booklets, such as your insurance booklets, from time to time. You may take these booklets home so that your family may know more about your job and your benefits. 7.02 The City of Sanger and Department Meetings On occasion, we may request that you attend a City of Sanger sponsored meeting. scheduled during your regular working hours, your attendance is required. If you A xempt employee, and attend a mandatory meeting held during your non -working will be paid for the time you spend at the meeting. 7.03 Computer Software (Unauthorized Copying) If this is area non - hours, you The City of Sanger does not condone the illegal duplication of software. The copyright law is clear. The copyright holder is given certain exclusive rights, including the right to make and distribute copies. Title 17 of the U.S. Code states that "it is illegal to make or distribute copies of copyrighted material without authorization (Section 106). The only exception is the user's right to make a backup copy for archival purposes (Section II, 7). 1. With regard to use on local area networks or multiple equipment, City employees shall use the software only in accordance with the software publisher's license agreement. 2. City employees learning of any misuse of software or related documentation within the City of Sanger must notify their supervisor immediately. 53 3. According to the U.S. Copyright Law, illegal reproduction of software can be subject to civil damages and criminal penalties, including fines and imprisonment. Employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. 7.04 Computers, Electronic Mail, and Voice Mail Usage Policy The City of Sanger makes every effort to provide the best available technology to those performing services for the City. This policy is to advise those who use our business equipment on the subject of access to and disclosure of computer -stored information, voice mail messages and electronic mail messages created, sent or received by City employees with the use of the City of Sanger's equipment. This policy also sets forth policies on the proper use of the computer, voice mail and electronic mail systems provided by the City of Sanger. City property, including computers, electronic mail and voice mail should only be used for conducting the City of Sanger business. Incidental and occasional personal use of City computers and our voice mail and electronic mail systems is permitted, but information and messages stored in these systems will be treated no differently from other business -related information and messages, as described below. The use of the electronic mail system may not be used to solicit for commercial ventures, religious or political causes, outside organizations, or other non job related solicitations. Furthermore, the electronic mail system is not to be used to create any offensive or disruptive messages. Among those which are considered offensive, are any messages which contain sexual implications, racial slurs, gender -specific comments, or any other comments that offensively address someone's age, sexual orientation, religious or political beliefs, national origin, or disability. In addition, the electronic mail system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials without prior authorization. Although the City of Sanger provides certain codes to restrict access to computers, voice mail and electronic mail to protect these systems against external parties or entities obtaining unauthorized access, employees should understand that these systems are intended for business use, and all computer information, voice mail and electronic mail messages are to be considered as the City of Sanger records. The City of Sanger also needs to be able to respond to proper requests resulting from legal proceedings that call for electronically -stored evidence. Therefore, the City of Sanger must, and does, maintain the right and the ability to enter into any of these systems and to inspect and review any and all data recorded in those systems. Because the City of Sanger reserves the right 54 to obtain access to all voice mail and electronic mail messages left on or transmitted over these systems, employees should not assume that such messages are private and confidential or that the City of Sanger or its designated representatives will not have a need to access and review this information. Individuals using the City of Sanger's business equipment should also have no expectation that any information stored on their computer - whether the information is contained on a computer hard drive, computer disks or any other manner will be private. The City of Sanger has the right to, but does not regularly monitor voice mail or electronic mail messages. The City of Sanger will, however, inspect the contents of computers, voice mail or electronic mail in the course of an investigation triggered by indications of unacceptable behavior or as necessary to locate needed information that is not more readily available by some other less intrusive means. The contents of computers, voice mail and electronic mail properly obtained for some legitimate business purpose, may be disclosed by the City of Sanger if necessary within or outside of the City. Given the City of Sanger's right to retrieve and read any electronic mail messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient. The City Manager will review any request for access to the contents of an individual's computer, voice mail or electronic mail prior to access being made without the individuals consent. Any employee who violates this policy or uses the electronic communication systems for improper purposes may be subject to discipline, up to and including termination. 7.05 Dress Code and Personal Appearance Please understand that you are expected to, dress and groom yourself in accordance with accepted social and business standards, particularly if your job involves dealing with customers or visitors in person. A neat, tasteful appearance contributes to the positive impression you make on our customers. You are expected to be suitably attired and groomed during working hours or when representing the City of Sanger. A good, clean appearance bolsters your own poise and self-confidence and greatly enhances the City of Sanger image. Personal appearance should be a matter of concern for each employee. If your supervisor feels your attire and/or grooming is out of place, you maybe asked to leave your workplace until you are properly attired and/or groomed. Employees who violate dress code standards may be subject to appropriate disciplinary action. 55 7.06 Drug and Alcohol Policy PURPOSE: Employees are our most valuable resource, and for that reason, their safety and health are of paramount concern. The City maintains a strong commitment to its employees and to the community to provide a safe, drug -free, alcohol -free workplace. Consistent with the spirit and intent of this commitment, the City expects its employees to report for work in proper condition to perform their duties. The intent of this policy is to prevent the use and the presence of drugs and alcohol in the working environment. This policy outlines the procedures by which the City will implement its drug and alcohol program. In addition, it defines the consequences for failure to remain drug free. Finally, it specifies when rehabilitation will be permitted as a condition of continued employment. The City recognizes that alcoholism and drug dependence may be a treatable illness for which rehabilitation is an alternative course of action. However, usage of drugs or alcohol on duty or coming to work under the influence is grounds for discipline up to and including termination. SCOPE OF DRUG TESTING: The City may administer drug testing under the following conditions: A. Reasonable suspicion as defined herein. Be Pre -employment examination for all full-time positions, and as determined by the City Manager for temporary or part time positions. Notice of such testing will be properly posted prior to filling out an application. Employees who test positive for any drug not previously disclosed during the pre -examination phase or who test positive for any controlled substance will not be hired by the City. C. Random testing as part of a drug rehabilitation program. An employee required to attend a rehabilitation program, as a condition of continued employment, shall be required to test at least once a month for 12 months after entering the program, or for a frequency and time period agreed to by the employee and employer. The City will pay for such testing. D. Random testing for all full time City employees. Random tests will be held approximately every two months at different times and on different days each month. Five (5) employees will be randomly selected for testing by Human Resources using an automated computer software program specifically for that purpose that randomly selects employees to be tested from the general employee pool. Employees shall be transported to the testing center for testing. Human resources will hold the names of employees in confidence if they are not on duty on the day of testing. These employees will then be 56 tested when they return to work. Human resources will maintain a record of all random name draws for a period of three years. DEFINITIONS: A. "Alcohol" shall be defined as any beverage mixture or preparation containing ethyl alcohol. B. "Alcohol Testing" means testing the blood alcohol content by a breathalyzer instrument device or drawing or collecting a blood or serum sample and providing the laboratory analysis thereon. C. "City's premises" are all areas in which the City operates including, but not limited to its property; City -owned or leased equipment; privately owned vehicles entering or parked on the property, or in use on the property; lockers; desks; equipment; work space; and storage facilities. D. "Controlled Substances" shall be defined as those substances whose dissemination is controlled by regulation or statute (Including Schedules IN of the Federal Controlled Substance Act of the Texas Controlled Substance Act, Texas Health and Safety Code, Chapter 481.), including, but not limited to, narcotics, depressants, stimulants, hallucinogens, and cannabis. The possession and distribution of which is unlawful as promulgated by the Food and Drug Administration. E. "Conviction" means a finding of guilt (including a plea of nolo contender) or imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug and/or alcohol statutes. F. "Criminal Drug Statute" means a criminal statute involving manufacturing, distribution, dispensation, use, or possession of any illegal drug or controlled substance. G. "Drug or Intoxicant" shall be defined as any substance that impairs an employee's ability to perform his/her job or poses a threat to the safety of others. H. "Drug Testing" shall normally be defined as the collection of a urine specimen by medical personnel and a laboratory analysis of that specimen. The initial drug screen will be a form of immunoassay identification with confirmation testing of any positive results with Gas Chromatography/Mass Spectrometry (GC/MS) or other medically accepted testing methods. For purpose of this policy, an employee is irrefutably presumed to be under the influence of drugs if urinalysis or other acceptable testing procedures shows a forensically acceptable positive quantum of proof of drug or alcohol usage. 57 I. "Reasonable Suspicion" shall be defined as a belief that an employee is using or has used drugs or alcohol in violation of this policy. Reasonable suspicion must be based on specific, objective facts and any rationally derived inference from those facts about the conduct of an individual that would lead the reasonable person to suspect that an individual is or has been using drugs while on or off duty or alcoholic beverage while on duty or proximate to reporting to duty. The types of objective facts may include; (1) information obtained from a reliable informant, (2) a preventable accident of a serious nature where there appeared to be operator negligence or carelessness; (3) a flagrant violation of standard operating or safety procedures; and (4) any AWOL of two or more consecutive days. AWOL is defined here as an employee not calling in or showing up to work. Such conduct or inability to perform may include, but is not limited to, a drop in the employee's performance level, impaired judgment, reasoning level of attention or behavioral change or decreased ability of the senses. Physical characteristics indicating reasonable suspicion may be a pattern of abnormal or erratic behavior; physical symptoms (i.e., glassy or bloodshot eyes, slurred speech, odor of alcohol or marijuana, unsteady gait, poor coordination of reflexes) or direct observation of drug or alcohol use. J. "Rehabilitation Program" shall be defined as a professional counseling program (medical as well as professionally certified and recognized counselors) designed to offer rehabilitative assistance to employees who need help in resolving their alcohol abuse or drug dependence problems. It will generally be voluntary for the employee. However, in cases of positive drug tests, it may be required by a mandatory supervisory referral. Supervisors may also invite an employee to participate in a rehabilitation program when performance would indicate the need for professional assistance to solve an attendance, alertness, or attitude problem. In such instances, participation is optional, but if the employee refuses to attend, he/she shall not be able to use alcoholism or drug addiction as a defense in subsequent discipline for failure to perform. K. "Under the Influence" or "Impaired" shall be defined as behavior which may limit an employee's ability to safely and efficiently perform hislher job duties, or poses a threat to the safety of the employee or others. DISCIPLINE AND. OTHER SANCTIONS: I. Discipline for Drug and Alcohol Abuse or Problems. A. The sale, possession, manufacture, distribution, dispensation, use, or purchase of drugs or alcoholic beverages on the City's premises or during work hours is against the City's policy and is cause for immediate discharge. Further the sale, possession, manufacture, distribution, dispensation, use, or purchase of controlled substances is grounds for disciplinary action. Reporting to work impaired or under the influence of intoxicants such as alcohol or un- prescribed drugs, as well as prescribed drugs used improperly or which when used would induce an unsafe mental or physical state is against the City's policy. Violation of this policy will be grounds to discipline up to and including termination. II. Arrest and Conviction of a Drug or Alcohol Offense: A. To reduce the potential exposure of the City should an employee continue to operate vehicles or machinery while impaired or while initially going through some form of rehabilitation, employees arrested for a drug or alcohol related offense should notify the City Manager within seventy-two (72) hours and prior to returning to work. An arrest is not sufficient to terminate, absent some other objective findings. Failure to notify the City Manager about the arrest may result in immediate discharge. B. Any employee convicted (a finding of guilt, including a plea of guilty or nolo contender, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal statutes) of violating criminal statutes pertaining to controlled substances or alcohol, regardless of time or location, must immediately (no later than seventy-two (72) hours from the date of the conviction) report the conviction to the City Manager. C. The City shall take one of the following actions, within 30 calendar days of receiving notice under subparagraph (II B.), with respect to any employee whom is so convicted. - Taking appropriate personnel action against such an employee, up to and including termination; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. III. Rehabilitation Programs: A. The policy of encouraging an employee to voluntarily enroll in a rehabilitation program for either alcohol or drugs before being discovered as impaired on the job is not to be interpreted as conflicting with the City's rule concerning discipline for the sale, purchase, use, or possession of drugs or alcohol. B. Employees who are mandatorily referred into a rehabilitation program as a condition of employment must abide by those terms and conditions of the referral, must attend necessary AA or similar meetings, must remain drug/alcohol free while at work, must 59 ensure that their job performance and productivity do not suffer, and must submit to a random program of drug screening for a minimum of one (1) year and not test positive for illegal drugs. Failure to abide by the conditions of the treatment plan or to maintain acceptable job performance will be cause for separation from the City. C. Employees who experience a recurrence of their drug or alcohol problem may not be eligible for an additional rehabilitation period and may be terminated in accordance with the disciplinary and complaint/appeal policies. This will be determined on a case -by -case analysis by the City Manager based on the employee's job performance in the interim and other factors for the good of the City. PROCEDURES AND NOTIFICATIONS: IV. Employees are to be notified that: A. City rules and policies prohibit the unlawful manufacture, distribution, dispensation, possession or use of controlled substances either on or off duty; the possession and use of drugs or alcohol while on duty or on City property or in a City vehicle; and/or being at work while under the influence of a controlled substance, drug, or alcohol. Any violation of these rules and policies will subject the employees to discharge. In addition, any employee tampering with the results of a drug test shall also be terminated. B. Based on reasonable suspicion, employees will be required to submit to drug or alcohol testing. Prior to requiring such testing, a supervisor shall articulate the basis for his suspicion to the employee. Whenever possible, the basis for the reasonable suspicion will be communicated to the City Manager before the supervisor speaks to the employee. However, the supervisor shall not delay taking action if the City Manager cannot be contacted quickly. The supervisor or department head will immediately transport the employee to an appropriate facility for the alcohol or drug test. Prior to testing, the employee will be required to sign a form consenting to testing. Failure or refusal to sign the consent form and/or to submit to testing will be cause for an adverse inference to be drawn relative to being under the influence and will also result in a charge of insubordination and the appropriate discipline up to and including termination will be administered based on the specific facts of the case and in accordance with the disciplinary policy and complaint/appeal policy. C. An employee, whose drug or alcohol test result in a positive finding will be subject to disciplinary action, up to and including discharge. Such action will occur after the results of the drug -alcohol tests and in accordance with disciplinary and complaint/appeal procedures. Employee may request a retest of the sample at the employee's expense. D. Testing shall be carried out by a third party provider and strict confidentiality in accordance with all applicable laws and statutes shall be maintained. V. Employer to notify$ A. The City is required to notify the appropriate federal agency within ten (10) days after receiving notice as referenced in subparagraph II B., from an employee or otherwise being notified. SUPERVISORS AND EMPLOYEE EDUCATION AND TRAINING: Supervisors will be trained: A. To recognize when employees appear unfit for duty because of controlled substances, drugs or alcohol and how to determine reasonable suspicion. B. To effectively and appropriately intervene in reasonable suspicion instances. C. To understand the methods of City drug and alcohol testing procedures. D. To effectively and appropriately document reasonable suspicion cases prior to the test and after the meeting with the employee. E. In issues relative to privacy, search and seizure, and employee representation rights during investigations. Employees will be trained: A. About their rights and responsibilities under this policy. B. The method of selecting employees for testing. C. The lingering health effects of drug and alcohol use. D. The consequences of testing positive or refusing to test 7.07 Personal Use of City of Sanger Property In some instances, employees maybe allowed to borrow certain City tools or equipment for their own personal use while on our premises. In no instance may this be done off our premises, or without prior management approval. You understand and agree that the City of Sanger is not liable for personal injury incurred during the use of the City of Sanger property for personal projects. As a City of Sanger employee, you accept full responsibility for any and all liabilities for injuries or losses which occur, or for the malfunction of equipment. You are responsible for 61 returning the equipment or tools in good condition and you agree that you are required to pay for any damages that occur while using the equipment or tools for personal projects. '7.08 Solicitations and Distributions Solicitation for any cause during working time and in working areas is not permitted. You are not permitted to distribute literature that is not business -related in work areas at any time. Employees are not permitted to sell chances, merchandise or otherwise solicit or distribute literature without management approval. Persons not employed by the City of Sanger are prohibited from soliciting or distributing literature on City of Sanger property or from being on City property not open to public access. 7.09 Uses of the City of Sanger Vehicles If you are authorized to operate aCity-owned vehicle in the course of your assigned work, you must adhere to the following rules: l . You must be a Texas licensed driver. 2. The City of Sanger provides insurance on the City of Sanger vehicles, however, you will be considered completely responsible for any fines, moving or parking violations incurred. 3. Some vehicles may be driven home after hours, however, no employee will use a vehicle for other than official City business. Misuse or neglect of a vehicle will result in disciplinary action. 4. Persons not authorized or employed by the City of Sanger cannot operate or ride in a City of Sanger vehicle. 5. If an employee has an accident while operating a City vehicle, he or she will notify the police department and their supervisor immediately. The employee's supervisor or designee will immediately take the employee for post accident drug and alcohol testing as soon as the employee is released from the scene by the police department. 7.10 Violence in the Workplace Policy The City of Sanger has adopted a policy prohibiting workplace violence. Consistent with this policy, acts or threats of physical violence, including intimidation, harassment, and/or coercion, which involve or affect the City of Sanger or which occur on the City of Sanger property will not be tolerated. 62 Acts or threats of violence include conduct which is sufficiently severe, offensive, or intimidating to create a hostile, abusive, or intimidating work environment for one or several employees. Examples of workplace violence include, but are not limited to, the following: 1. All threats or acts of violence occurring on the City of Sanger's premises, regardless of the relationship between the parties involved. 2. All threats or acts of violence occurring off the City's premises involving someone who is acting in the capacity of a representative of the City of Sanger. Specific examples of conduct which may be considered threats or acts of violence include, but are not limited to, the following: l . Hitting or shoving an individual. 2. Threatening an individual or his/her family, friends, associates, or property with harm. 3. Intentional destruction or threatening to destroy the City of Sanger's property. 4. Making harassing or threatening phone calls. 5. Harassing surveillance or stalking (following or watching someone). 6. Unauthorized possession or inappropriate use of firearms or weapons. The City of Sanger prohibition against threats and acts of violence applies to all persons involved in the City's operation. Violations of this policy by any individual on City property will lead to disciplinary action, up to and including termination and/or legal action as appropriate. Every employee is encouraged to report incidents of threats or acts of physical violence of which he or she is aware. The report should be made to your supervisor. 7.11 Complaint/Appeal Procedures PURPOSE The purpose of this policy is to: 1. Assure City employees that their work -related complaints or appeals will be treated in an appropriate manner. 63 2. Facilitate free discussion of employment and employee problems between supervisors and employees in order to foster a better understanding of City policies, procedures and practices. 3. Promote arriving at a resolution of the issue in a climate of mutual understanding and objective thinking. 4. Assure that no employee is retaliated against for utilizing this policy and procedure: and 5. Allow for appeal of disciplinary actions including discharge. POLICY It is the Policy of the City of Sanger that: 1. This complaint and appeal procedure will be available to all employees, excluding employees appointed by the City Council of the City of Sanger. 2. All employees involved in processing a complaint or appeal will work diligently to ensure that all complaints and appeals are handled fairly and expeditiously and that all required deadlines are met. 3. Every effort shall be made to resolve complaints and appeals at the lowest possible level in the organization. 4. No employee shall be restrained from filing a complaint or retaliated against in any way as a result of using this procedure. 5. Department heads shall be responsible for the administration of this procedure within their respective departments and for maintaining the confidentiality of employees filing complaints and appeals. 6. The City of Sanger is an At -Will employer and nothing contained in these policies and procedures shall be construed to create a contractual employment relationship or property interest. DEFINITIONS City Manager -for purposes of this policy shall mean City Manager, Acting City Manager or designated representative. Complaint - a dispute regarding the interpretation or application of any City or department rule, regulation, policy, plan or procedure which exists under the personnel system of the City of Sanger or any complaint concerning a circumstance or action involving an employee's work, wages, performance evaluations, hours of work, or conditions of work which he or she feels is unjust or unfair. Appeal - a request to review a dispute regarding disciplinary action taken against the employee including discharge. Business Day - defined as Monday - Friday 8:00 a.m. - 5:00 p.m.; official City holidays do not count towards number of days allowed for appeal or review. Director -Head of department or his or her designated representative. COMPLAINT /APPEAL PROCEDURE STEPS 1. It is the responsibility of an employee who believes that he or she has reasons for a complaint/appeal to inform or discuss such reasons with his or her immediate supervisor within five (5) business days of the employee's actual or constructive knowledge of the occurrence of the event causing the problem. Along with presenting the problem, it is recommended that the employee verbally express the suggested solution. The supervisor shall give an oral response to the employee within five (5) business days or less. Every reasonable effort shall be made to resolve the problem at this step. If the employee is not satisfied with his or her supervisor's oral response, then the employee may, within three (5) business days, file a formal complaint/appeal. 2. Employee shall complete a written Employee ComplaintlAppeal Form, (attachment A), available from Human Resources and submit it to his or her Department Director. The Department Director shall conduct such investigation as may be necessary prior to making a decision. Within ten (10) business days of having received the written complaint/appeal the Director shall respond in writing to the employee concerning the complaint/appeal. 3. If the Department Director's response is not acceptable to the employee, the employee, within five (5) business days, shall so indicate on the Employee Complaint/Appeal Form by requesting in writing that a review be made by the City Manager. The City Manager may request a meeting with all parties involved, separately or together, and conduct such investigation as may be necessary prior to making a decision. 4. The City Manager shall provide a final decision to the employee within ten (10) business days of receipt of the form. The decision of the City Manager is final and may not be further appealed. 65 GENERAL PROVISIONS 1. Complaints may be initiated only by the employee concerned and may not be pursued without the affected employee's consent. 2. A Department Director hearing a formal complaint/appeal shall contact Human Resources for advice and assistance. A supervisor may contact Human Resources for assistance and guidance. 3. This procedure is normally intended for the use of individual employees. Should a number of employees or the same employee file separate complaints on the same or closely related matter, those complaint/appeals may be combined at the sole discretion of the City Manager. 4. Any complaint/appeal shall be considered resolved at the completion of any step if all parties are satisfied or if the party does not appeal the matter to the next level within the prescribed period of time. 5. Either party to a complaint/appeal may extend the time limits by both parties agreeing to an extended time frame or by receiving approval of the City Manager. All parties shall be notified of the approved extension. 6. It is the responsibility of all City employees involved in the complaint/appeal process to maintain confidentiality. 7. The City of Sanger reserves the right to change, modify, amend, revoke, or rescind all or part of this policy in the future. PROCLAN[ATION # 01/24/08 by the City of Sanger, Texas To all to whom these presents shall come; WHEREAS, the City of Sanger recognizes Cub Scout Pack 199, Boy Scout Troop 361 and Girl Scout Troop 8080 for their participation in the Angel Tree project; and WHEREAS, the City of Sanger recognizes the time and effort given by these troops in this worthy causes and WHEREAS, the City of Sanger recognizes that these troops helped served over 120 families this Christmas; and WHEREAS, the City of Sanger is grateful to those that made the holiday special for so many children and take inspiration from their selfless endeavor. NOW, THEREFORE, I, Joe Higgs, Mayor of the City of Sanger, Texas, do hereby declare and proclaim January 24, 2008 as "SCOUTS APPRECIATION DAY" Passed, Approved and Adopted this 24"d day of January 2008. Joe Higgs Mayor ATTEST: Rosalie Chavez City Secretary 1 COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ❑ Special Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ ublic Hearing Reviewed by Legal ❑ Yes ®Not Applicable Yes Not Applicable P WPM Council Meeting Date: Submitted By: January 24, 2008 Samantha Renz City Manager Reviewed/Approval Initials Date �- �d/_ 0 ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION #01-03-08 ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Resolution #01-03-08 — Appointing FDI-Chisum Trail, LTD. to Act on Behalf of the City of Sanger in Applying for TDHCA Home Funds for Chisum Trail Apartments. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR, PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Chisum Trail Apartments has always been a participant in our Section VIII rental assistance program, as well as providing income based affordable housing to non -participants. They always have a waiting list and the units have been maintained. We do see a need for the continued affordable housing Fieser Development, Inc. has a contract to purchase the complex, and would use the funds to acquire and rehabilitate the units. Mr. Fieser will be present at the meeting to address/answer any questions/concerns. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Resolution Prior Action/Review by Council, Boards, Commissions or Other Agencies: RESOLUTION O1-03-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS APPOINTING FDI-CHISUM TRAIL, LTD. TO ACT ON BEHALF OF THE CITY OF SANGER IN APPLIYING FOR TDHCA HOME FUNDS FOR CHISUM TRAIL APARTMENTS WHEREAS, FDI-Chisum Trail, LTD. has proposed a development for affordable rental housing at 1100 Austin Street named Chisum Trail Apartments in the City of Sanger; and WHEREAS, FDI-Chisum Trail, LTD. intends to submit a joint application to the Texas Department of Housing and Community Affairs (TDHCA) for 2008 Housing Tax Credits and HOME Investment Partnership Program funds for Chisum Trail Apartments; and WHEREAS, § 50.9(i)(5}, Texas Administrative code, which gives Housing Tax Credit points for the commitment of development funding by local political subdivisions, states that the TDHCA HOME Program funds will not qualify for points in this category "unless a resolution, dated on or before the date the Application Acceptance Period ends, is submitted with the application from the Local Political Subdivision in applying for HOME or Housing Trust Funds from TDHCA for the particular Application." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SANGER, TEXAS: That the City of Sanger appoints FDI-Chisum Trail, LTD. to act on its behalf in applying for TDHCA HOME funds for Chisum Trail Apartments. PASSED AND APPROVED by the City Council of the City of Sanger, Texas on this the day of , 2007. APPROVED: Joe Higgs, Mayor ATTEST: Rose Chavez City Secretary/Asst City Manager CITY OF SANGER COUNCIL, AGENDA ITEM AGENDA TYPE Regular Special consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal es Not Applicable LYeLs Not Applicable Council Meeting Date, Submitted By. January 24, 2008 Rose Chavez City Manager Reviewed/Approval Initials //ioX Date❑, ACTION REQUESTED: ❑ORDINANCE # ® RESOLUTION # _ ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Adoption of Resolution R#01-04-08 Lease Purchase Agreement with Government Capital- Procurement for a 2008 F550 Truck FINANCIAL SUMMARY QN/A ❑GRANT FUNDS ❑OPERATING EXPENSE ®REVENUE ❑CI P ®BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEAR 5 TOTALS Proposed Expenditure Amount $35,286.02 Encumbered Amount BALANCE FUND(S) TO BE USED: General $ Utility $ Special Ll$ This vehicle is a budgeted item for the Electric Department. The attached Resolution #R01-04-08 allows the financing with Government Capital for a 3 year lease at 4.50% interest rate at annual payments of $35,286.02 commencing January 24, 2009. STAFF OPTIONS & RECOMMENDATION Recommends approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: RESOLUTION # R 01-04-08 A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF PROCURING A "2008 F550 TRUCK." WHEREAS, the City of Sanger, Texas ("the City"}, subject to review by the City's legal counsel, desires to enter into that certain Lease -Purchase Agreement dated as of January 24, 2008, by and between the City and Government Capital Corporation ("GCC"), for the purpose of procuring said 2008 F550 TRUCK. The Council desires to designate Mike Brice, City Manager, as an authorized signer of the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF BANGER, TEXAS: Section 1. That the City enter into aLease-Purchase Agreement with Government Capital Corporation for the purpose of procuring the 2008 F550 TRUCK. Section 2. That the Lease -Purchase Agreement dated as of January 24, 2008, by and between the City and Government Capital Corporation is designated by the City as a "qualified tax-exempt obligation" for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. Section 3. Purchase Agreement. That the City designates Mike Brice, City Manager, as an authorized signer of the Lease - PASSED AND APPROVED by the City Council of Sanger, Texas in a meeting held on the 24h of January, 2008. Signature Printed Name: Title: Mayor ATTEST: Signature Printed Name: Title: City Secretary SR6 MtRON Dxtvut~ SOUCHIAK�, Texns 76092 City of Sanger Attn: Rose Chavez Re: Truck financing Dear Rose: We are pleased to provide the following terms for financing: Lessor: Lessee: Financing Structure: Residual: Equipment/Project: Approximate Equipment Cost: Term: Annual Payment: Payments Commencing: Interest Rate: January 17, 2008 Government Capital Corporation (GCC) City of Sanger Tax -Exempt Municipal Lease Purchase $1.00 upon contract completion 2008 F550 $ 97,000 3 Years � 35,286.02 January 24, 2009 4.50% The above proposal is subject to audit analysis, documentation and bank qualifications. If closing occurs more than 30 days from proposal issue date, GCC reserves the right to index the interest rate to current market. Sincerely, Edward L. King Public Finance Tel 817.722.0236 Fax 817.488.1314 ed@a govcap.com COUNCIL AGENDA ITEM AGENDA TYPE x❑ Regular ❑ Special ❑ ❑ Workshop ❑ Executive ❑ Public Consent Reviewed by Finance Hearing Reviewed by Legal ❑ Yes Lxj Not Applicable ❑ Yes ® Not Applicable Council Meeting Date: January 24, 2008 Submitted By: Mike Brice by Tami City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION # APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER :1 Consider and Possible Action AGENDA CAPTION on Price Increase Request from IESI. 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 The annual increase is allowed by their contract which states the Consumer Price Index plus 2%. IESI is only asking for the Consumer Price -Index. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: IESI TX Corporation January 18th5 2008 Honorable Mayor and Members of Council City of Sanger 201 Boliver Street P.O.Box 1729 Sanger, Texas 76266-0017 Re: Price Increase Request: Dear Honorable Mayor and Members of Council: IESI would like to take this opportunity to express our appreciation for your business. Per our contract we would like to present to you our annual request for the 2008 rate adjustment. The amount is based on the published Bureau of Labor Standard Consumer Price Index / Urban Consumers December 2006-December 2007. The amount of the request for 2008 is equal to 4.08% IESI is requesting this increase to be effective February 1, 2008. December 2008 Index- 210.036 December 2007 Index 201.800 Index Increase - 8.236 = 4.08% price increase If you have any questions or need additional information, please feel free to contact me at your earliest convenience. Sincerely, Norm Municipal Manager IESI TX Corporation 4001 Old Denton Rd, Fort Worth, Texas 76117 (817) 547-9014 CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular ElSpecial ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable Council Meeting Date: Submitted By. January 24, 2008 Samantha Renz City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE #01-04-08 ® RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION A) Conduct Public Hearing on Ordinance #01-04-08 — Amending Chapter 10, section 5 "General Plat Requirements" and section 6 "Improvements" of the Code of Ordinances of the City of Sanger. B) Consider and Possible Action Regarding Ordinance #01-04-08 —Amending Chapter 10, section 5 "General Plat Requirements" and section 6 "Improvements" of the Code of Ordinances of the City of Sanger. FINANCIAL SUMMARY ®N/A [']GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM The changes to the subdivision regulations, particularly section 5 & 6, need to be in place prior to the signing of the agreement for Sanger Ranch. Staff has reviewed these sections and made some changes. The majority of the changes include clarifications and amendments to line up with other ordinances, the addition of standards for alleys and gated communities/private streets, the addition of standards for drainage and storm water improvements, amendments to Park dedication and development guidelines and several other changes throughout. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: Ordinance Recommended for approval by P&Z on 01/17/2008 THAT CHAPTER 10, SECTION 5 "GENERAL PLAT REQUIREMENTS" AND SECTION 6 "IMPROVEMENTS" THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 10, Section 5 and Section 6, of the Code of Ordinances, City of Sanger, Texas, are hereby amended to read as follows: "SECTION 5: GENERAL PLAT REQUIREMENTS All requirements pertaining to lot size, yard size, dwelling size, lot coverage, height, parking, loading and screening contained in the current zoning ordinance of the city shall be adhered to for development under this ordinance. 5.01 -Streets A. The arrangement, character, extent, width, grade and location of all proposed streets shall conform to the general plan of the community, and their relationship shall be considered to that of the existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. B. The reservation in private ownership of strips of land, at the end of offered or existing streets intended solely or primarily for the purpose of controlling access to property not included in the subdivision shall be prohibited. C. Where such is not shown in the general plan for the community, the arrangement of streets in a subdivision shall: (1) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; (2) Conform to a plan for the neighborhood approved or adopted by the city to meet a particular situation where topographical or other conditions make continuation of or conformance to an existing street impracticable; and (3) Be planned so that they shall intersect, as nearly as possible, at right angles. D. Residential streets shall be aligned so that their use by through traffic is discouraged. E. In phased developments, streets which are continuous through more than a single phase shall be provided with temporary turnarounds (at the point of temporary termination) until the street is fully constructed per the original approved plan. F. Developers shall be required to coordinate all planning and engineering work with all adjacent property owners/developers. G. Street jogs with centerline offsets of less than one hundred twenty-five feet (125) shall be avoided. H. The street minimum right -of --way widths and centerline radius shall be in accordance with the city's thoroughfare plan and shall conform to the following. Type of Street FW P4U P3U M4U C2U R2U I. Freeway Principal Arterial Four Lane Undivided Principal Arterial Three Lane Undivided Minor Arterial Four Lane Undivided Collector Two Lane Undivided Residential/Local Two Lane Undivided Minimum Minimum Intersection Ri t-of-WaX Centerline Width Radii 200 feet Varies varies 100 feet 150' 1,000 feet 85' 75 feet 1,000 feet 90' 80 feet 1,000 feet 75' 60 feet 500 feet 70' 50 feet 250 feet Streets shall be classified according to the following: 1. Arterial (Principal, Minor): The main function of arterial is to carry traffic from one urban area to another. The thoroughfare system serves the major activity centers of urbanized areas. An arterial is used for longer urban trips and carries a high portion of the total traffic with a minimum of mileage. 2. Collector: Carries traffic from local streets to Arterial. Also may serve local facilities such as schools, churches. Uses served would include medium and high density residential, limited commercial facilities, elementary schools, some small offices and as direct access within industrial parks. Collector streets also carry heavy traffic to major commercial and industrial facilities from thoroughfare. Uses would include office parks, industrial parks, and community level commercial facilities. 3. Residential/Local: Carries traffic from residential and commercial areas to collector streets and interconnects individual sites. Local streets carry light traffic volumes and trips are of a short duration. J. Street widths proposed for industrial subdivisions or commercial developments shall be not less than that required for a Collector. K. Half streets shall be prohibited, except where there is no alternative for reasonable development of the subdivision in conformance with the other requirements of these regulations and where the city finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street has already been provided adjacent to an area to be subdivided, the other remaining portion of the street shall be platted within such subdivision. Where part of a residential or collector street is being dedicated along a common property line, the first dedication shall be one-half (1/2) of the proposed street right -of --way plus five feet (5') unless a construction easement on the adjoining parcel has been obtained, and the developer shall construct the half street or place in escrow cash for the estimated half -paving cost as determined by the city council. L. Cul-de-sacs in residential additions shall not be longer than six hundred feet (600') from the nearest intersection, except under unusual conditions with the approval of the city council, and there shall be provided at the closed -end a turnaround having a minimum outside roadway diameter of eighty-one feet (81'). In industrial areas, cul-de-sacs shall not exceed one thousand feet (1,000') from the nearest intersecting street, and there shall be provided at the closed -end a turnaround having a minimum outside roadway diameter of one hundred feet (100') and a minimum street property line diameter of one hundred feet (100'). Alternate turnaround designs in residential tract developments which provide adequate turnaround area may be considered or approved by the city. M. All streets shall be paved, and paving shall conform to the requirements of Section 6, Improvements, of these regulations. N. Street grades shall be established regarding topography, proposed land -use and the facilities in the area surrounding the land to be subdivided. Minimum grades shall be five - tenths percent (0.50%) on concrete streets and five -tenths percent (0.50%) on all other types of street paving. Cross (transverse) slopes between pavement and the right -of --way shall not be less than 100:1 or steeper than 3:1. Where necessary, additional right -of --way or slope easement shall be provided to meet this requirement. O. Street name markers shall be installed in accordance with the prescribed type currently in use by the city or an approved equal, as approved by the city manager. Street markers and erections will be at the expense of the subdivider. P. The materials for all traffic control and regulatory signs shall be furnished by the subdivider and installed by the city for all intersections within or abutting the subdivision. Such signs shall be in strict compliance with the regulations of the Federal Highway Administration and according to the requirements of the Manual on Uniform Traffic Control Devices, latest edition. No signs will be placed in undeveloped portions of the subdivision. Q. The subdivider shall comply with the guidelines and criteria for driveways, including the design requirements, grades, spacing, and access standards as provided by the city's thoroughfare plan. R. If a proposed development is projected to generate a lesser traffic volume than would normally require roadways as specified in the master thoroughfare plan, the developer may install a "minimum acceptable alternative" approved by the City. The full right -of --way and pavement thickness is unchanged. Only the outside two (2) lanes would be paved in this situation. The city must approve the use of this option. 5.02 -Alleys A. Alleys are not required, except where the City has determined that one is necessary for adequate service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed. B. All Alleys shall be paved with reinforced concrete, and the paving shall conform to Section 6, Improvements, of these regulations. C. All Alleys must be privately maintained by the Home Owner's Association or other entity. D. The minimum width of any alley shall be twenty feet (20') in industrial and commercial areas and fifteen feet (15') in residential areas. E. Alley intersections, sudden changes in alignment, and dead —end alleys shall be avoided. F. Residential driveway and alley pavement cuts must be approved by the City Engineer onto loop and major thoroughfares. Alleys on frontage roads shall be provided along side and rear lot lines which front on loop and major thoroughfares for rear entrance. 5.03 —Gated Community/Private Streets A. Private streets in Gated Communities shall conform to the same standards regulating the design and construction of public streets. A Gated Community will only be permitted in a Planned Development (PD) Zoning District. B. Any gate installation must conform to the following provisions: A . All gate installations must be approved by the City prior to installation. The installation must be completed and tested prior to the City's acceptance of the subdivision. b. Gate design may incorporate one or two gate sections to meet the required minimum gate width of twenty-four feet (24'). If the entrance will incorporate a median, guard shack or similar structure that necessitates a divided gate arrangement, the gate widths may be reduced if approved by the City, but in no case shall any single gate or street pavement have a clear opening of less than twenty (20) feet. c. Approach and departure areas on both sides of a gated entrance must provide adequate setbacks and proper alignment to allow free and unimpeded passage of emergency vehicles through the entrance area. All entry gates must be setback a minimum of 100 ft from any adjacent public street right -of --way to allow for vehicle stacking out of the public travel lanes. Any exception must be approved by the City. d. Automatic gate installations must conform to the design and performance guidelines established by the Fire Chief and Directors of Transportation and Public Works. e. All components of the gate system must be maintained in an approved - operating condition, with all components serviced and maintained on a regular basis as needed to insure proper gate operation. A proper power supply shall be maintained to all electrical and electronic components at all times. f. Each security gate regulated under this section will be subject to a performance test as determined by either the Fire Chief or Public Works or a designated City Official. Upon failure of a performance test, the security gate system shall be disabled and maintained in the open position until repaired, and shall not be placed back in service until tested and authorized by the City. g. All streets, gates and other fire protection features, signage, and equipment are subject to periodic inspection by the City and must be repaired immediately if found to be in condition of disrepair. The City shall have the right to enter the subdivision and disable, open, or remove any gate, device, or other feature that impedes or controls vehicle access at the sole expense of the Homeowner's Association. Emergency repairs shall be assessed against the Homeowner's Association. h. The person or corporation in control of the property is responsible for, and liable for any violations of this section. This includes, but is not limited to, the developer, property owner, the Homeowner's Association and its officers, if applicable, or other who may own or exercise control over the property. C. Property Associations Required —Subdivisions developed with private streets or alleys must have a mandatory property owners association which includes all property served by private streets or alleys. The association shall own and be responsible for the maintenance of private streets, parks and other Homeowner Association appurtenances. The association documents shall be reviewed by the City Attorney and subject to approval by the City to ensure that they conform to this and other applicable City ordinances and concerns. The documents shall be filed of record prior to the approval of the final plat. Lot deeds may not be dissolved without the prior written consent of the City. No portion of the association documents pertaining to the maintenance of the private streets and alleys and assessments therefore may be amended without the written consent of the City. D. Private Street Lot —Private streets and alleys must be constructed within a separate lot owned by the property owners association. This lot must conform to the City's standards for Public Street and alley right -of --way. An easement covering the street lot shall be granted to the City providing unrestricted use of the property for utilities and storm drainage systems and the maintenance of same. This right shall extend to all utility providers including telecable companies, operating within the City. The easement shall also provide the City or it's contractors with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement, trash collection or utility maintenance. The easement shall permit the City to remove any vehicle or obstacle within the street lot that impairs emergency access. E. Construction and Maintenance Cost —The City shall not pay for any portion of the cost of construction or maintaining a private street. The Homeowners Association shall maintain an escrow account as approved by the City for all road maintenance. G. City Utilities —Water, sewer and drainage facilities placed within the private street and alley lot shall be installed to City standards and dedicated to the City as part of the approval of the final plat. All City regulations relating to infrastructure, financing, developer cost participation and capital cost recovery shall apply to developments with private streets with the exception of those applying to internal street construction. a. Street lights and signs shall be installed and maintained by the homeowners association subject to approval by the City. b. The property association documents shall give the City the right, after giving written notice to perform maintenance upon streets and alleys to protect health, safety and welfare of the residents and to place a lien upon the lots within the association to recover the cost of such maintenance. H. Plans and Inspections -Developments proposed with private streets must submit to the City the same plans and engineering information required to construct public streets and utilities. Requirements pertaining to inspection and approval of improvements prior to issuance of building permits shall apply. Inspection Fees charged for these services shall also apply. The City may periodically inspect private streets and require repairs necessary to ensure emergency access. I. Waiver of Servicessubdivision final plat, property deeds and property owners association documents shall note that certain City services shall not be provided on private streets. Among the services which will not be provided are: routine police patrols, street lighting, enforcement of traffic and parking ordinances and preparation of accident reports. All private traffic regulatory signs shall conform to the Texas Manual of Uniform Traffic Control Devices. Depending on the characteristics of the proposed development other services may not be provided. J. Petition to Convert to Public Streets The property association documents shall allow the association to request the City accept private streets and alleys and the associated property as public streets and right-of-way upon written notice to all association members and the favorable vote of 75% of the membership. However, in no event shall the City be obligated to accept said streets and alleys as public. Should the City elect to accept the streets and alleys as public, the City may inspect the private streets and assess the lot owners for the expense of needed repairs concurrent with the City's acceptance of the street and alleys. The City will be the sole judge of whether repairs are needed. The City may also require, at the association's expense, the removal of guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot. The association document shall provide for the City's right to such assessment. Those portions of the association documents pertaining to the subject matter contained in this paragraph shall not be amended without the written consent of the City. K. Hold Harmless — On the subdivision final plat shall be language whereby the property owners association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, any governmental entity and public utility for damages to the private street occasioned by the reasonable use of the private street by the City, governmental entity or public utility, for damages and injury (including death) arising from the condition of said private street; for damages and injury (including death) arising out of the use by the City, governmental entity or public utility of any restricted access gate or entrance; and for damages and injury (including death) arising out of any use of the subdivision by the City, governmental entity or public entity. Further, such language shall provide that all the owners of all lots shall release the City, governmental entities and public utilities for such damages and injuries. The indemnifications contained in this paragraph apply regardless of whether or not such damages and injury (including death) are caused by the negligent act or omission of the City, governmental entity or public utility, or their representative officers, employees or agents. L. Sidewalks and Bikeways a. Sidewalks —Sidewalks shall be constructed in accordance with City standards for all lots adjoining dedicated streets, along major thoroughfares where lots do not adjoin the street or in other areas as required by the City. Sidewalk construction may be delayed until development of lots, but in locations not adjacent to lots and across bridges and culverts, the sidewalk shall be constructed with the other improvements to the subdivision or addition. Exceptions to this section must be approved by the City. b. Pedestrian Accesses — The City may require, in order to facilitate Pedestrian access from the streets to schools, parks, playgrounds, or other nearby streets, perpetual unobstructed easements at least fifteen (15) feet in width. Easements will be indicated on the plat. c. Bikeways — Hike and bike sidewalks, designed and located according to City standards, shall be constructed along streets designated for hike and bike trails. Such sidewalks shall be built by the owner at the time of site development. M. Drainage and Storm Sewers a. General Requirements —All plats shall conform to the City's standards for drainage facilities. b. Design of Facilities — Design of storm sewer systems shall be in accordance with City standards. Materials and construction shall conform to the Standard Specifications. N. Secondary Access All gated subdivisions shall provide a secondary access point accessible by means approved by the City and the Fire Marshal for emergency services unless specifically exempted by the City. O. Federal requirements The Post Office requires 7-day access for mail delivery. If a security gate or fencing is used, a key keeper box with retractable key reel that will accommodate a post office arrow lock and/or the device (mechanical/electronic) needed to gain access into complex, must be installed next to the door or gate that the carrier uses to enter the complex. (Systems that use a key board to punch in codes, in most cases, will accept a post office arrow lock in the control panel). Note: Carriers must not carry keys, written codes, electronic openers or badges for entrance into buildings or complex. 5.04 -Lots A. Lot size: The size or area of the lot shall be measured in square feet, and shall conform to the zoning requirements for the area. B. Corner lots: Corner lots with a width of less than seventy-five feet (75') are to be at least five feet (5') wider than the average of interior lots in the block. Corner lots with a width of less than eighty-five feet (85') adjacent to a thoroughfare are to be at least fifteen feet (15') wider than the average of interior lots in the block. C. Lot shape: Lots should be rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and one- half to one (2 1/2 : 1). D. Lot facing: (1) Each lot shall be provided with adequate access to an existing or proposed street by frontage on such street. Residential lots shall front on residential class streets; (2) Double frontage lots are prohibited except where the lot has rear frontage on thoroughfares; and (3) Wherever feasible, each lot should face the front of a similar lot across the street. In general, an arrangement placing facing lots at right angles to each other should be avoided. E. Lot lines: Radial to street frontage, and the following note may be used on the plat in lieu of bearings: "All side lot lines are perpendicular or radial to street frontage unless otherwise noted." F. Lot numbering: All lots are to be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat. G. Lot rg ading: Finished grade for the building site will be not less than six inches (6") above the top of the curb grade or alley pavement or two feet (2') above the adjacent base flood elevation as defined by the Federal Emergency Management Agency, whichever is greater. In any case, the property line grades adjacent to the street should not be below the top of curb grade. H. Exceptions: Plats involving cluster developments or zero -lot lines shall be reviewed by the city on a case -by -case basis. 5.05 -Easements A. Use: Where necessary to provide access for the purposes of maintenance, construction or other service, easements shall be provided for poles, wires, conduits, storm sewers, sanitary sewers, water lines, open drainage, floodplains, gas lines or other utilities. Such easements may be required across parts of lots, including rear and side lot lines, where alleys are not provided. B. Size: Where possible, easements shall be provided fully located upon one (1) lot and shall be not less than fifteen feet (15') in width. Where such is not feasible, easements shall be not less than seven and one-half feet (74/2') on each side of the lot line. Where overhead utility service on poles is allowed, an additional easement of five feet (5) on each side shall be provided. The full width of easements shall not be less than twenty-five feet (25')• Where a subdivision is bounded by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right -of --way conforming substantially to the lines of such water course, or of such width to provide for any future anticipated construction, plus a minimum to ten feet (10') on each side. C. Where required by the city, emergency access easements shall have: (1) a clear, unobstructed width of twenty-four feet (24'); (2) an all-weather surface constructed and maintained by the owner; (3) a connection at each end to a dedicated public street or have a turnaround of suitable size at the dead-end; and (4) appropriate turning space at inside corners to permit free movement of fire trucks. An emergency access easement may be used as a driveway to gain access to parking or loading spaces, but shall not be used for parking. The limits of the easement shall be marked by the city, and the marking shall be maintained by the city. 5.06 - Blocks A. The lengths, widths and shapes of blocks shall be determined with regard to the following items. (1) Provision of adequate building sites suitable to the special needs of the type of use proposed, (2) Zoning requirements as to lot sizes and dimensions; (3) Needs for convenient access, circulation, control and safety of traffic; and (4) Limitations of topography. B. Where no existing subdivision controls, the blocks shall not exceed one thousand feet (1,000') in length nor be less than five hundred feet (500') in length, except in certain instances where topographical features warrant special consideration. These limits shall be exceeded only upon specific approval by the city. Blocks longer than six hundred feet (600') shall be avoided in business districts. C. Blocks are to be numbered or lettered consecutively within the overall plat and/or section of an overall plat, as recorded. 5.07 -HUD-Code Manufactured Home Park A. Location (1) Mobile homes/Mobile home parks are prohibited within the City limits of the City of Sanger. (2) HUD Code Manufactured Homes may only be located in the appropriate zoning districts as permitted in Chapter 14 of this code. B. Piattin HUD Code Manufactured Home Parks are governed by the same requirements for all other subdivisions. Both preliminary and final plats will be required and both will be subject to the specifications of Sections 4.03 and 4.04 of this document, respectively. C. Streets Each HUD Code Manufactured Home Park must abut a public street and provide access there from. Each lot/unit may only be accessed from a private interior street. Minimum pavement widths of interior streets shall be twenty feet (20') to allow for emergency vehicle and trash removal access, and shall have a nine foot (9') parking lane on one side of the street, and a marked fire lane. All streets must be maintained by the park owner. D. Screening Each HUD Code Manufactured Home park must include a landscaping/screening plan to buffer the park from adjoining land uses. (This plan must receive approval from the city engineer.) A landscaped strip of not less than ten feet (10') in width shall be established and maintained within the park's property along the exterior boundaries. Fencing and other materials must also be used as approved by the city engineer. E. Utilities A Master water meter and backflow prevention device shall be installed at the connection to the public water main, The water and sewer lines in each HUD Code Manufactured Home Park must remain private and will be maintained by the park owner. The park owner is responsible for the entire water and sewer usage fees and individual lots will not be billed by the City. F. Prohibited Use No HUD Code Manufactured Home for the purpose of residential living shall be located outside an approved HUD Code Manufactured Home park. HUD Code Manufactured Homes in approved parks must be used for no other purpose than residential, and will be allowed only as a temporary residence during home construction, as a construction/security office, or as a temporary business site if the permanent building is being rebuilt/rehabilitated. These temporary uses must not exceed one (1) year. Extensions may be granted by the city upon proof of extreme hardship. These regulations shall not apply to manufactured housing. G. Additional Requirements All other sections of this document shall apply as appropriate to HUD Code Manufactured Home parks. The city council may also impose additional conditions, requirements or limitations concerning the design, development and/or operation of said park as it deems necessary for the protection and general welfare of adjacent properties and the public interest. H. Filing; Fees Refer to Section 7, Filing Fees and Charges, of this document. 5.08 -Survey Monuments and Lot Markers A. Permanent Survey Reference Monuments A concrete monument, six inches (6") in diameter and twenty-four inches (24") long, shall be placed on all boundary corners, block corners, curve points and angle points. A copper pin one- fourth inch (1/4") in diameter embedded at least three inches (Y) in the monument shall be placed at the exact intersection point on the monument. The monuments shall be set at such an elevation that will not be disturbed during construction, and the top of the monument shall be not less than twelve inches (12") below the finished grade of the development. B. Lot Markers. Lot markers shall be one-half inch (1/2") reinforcing bar, eighteen inches (18") long, or approved equal, and shall be placed at all lot corners flush with the ground, or below ground, if necessary, in order to avoid being disturbed. C. Schedule for Placement At the developer's option, permanent monuments and lot markers may be placed before or following construction of on -site improvements. If installed prior to construction, the final plat of the subdivision will be filed for record as set forth in Section 4 of these regulations. If installed following construction of improvements, the plat will be held for filing until, and the certificates of occupancy will be issued when the monuments and markers are set (see Section 6.13 Surveyor's Certificate). SECTION 6: IMPROVEMENTS 6.01-Standard Specifications and Construction Details All improvements proposed for any subdivision to be developed under the jurisdiction of these ordinances shall be furnished and installed by the subdivider in accordance with the applicable divisions of the North Central Texas Council of Governments (NCTCOG) standard Specifications For Public Works Construction, as adopted by the city and the other applicable specifications noted herein, or in the absence of such specifications and details, to meet the approval of the city. References are made herein to specific divisions, items and sections of the NCTCOG standard specifications, and it is not intended to preclude other portions of the NCTCOG standard specifications that may be appropriate and applicable to the development of a subdivision. Therefore, by reference to the fact that the city has adopted the NCTCOG standard Specifications for Public Works Construction, the NCTCOG Standard specifications, latest edition, are to be considered a part of this ordinance. All improvements, even in previously approved but still unimproved subdivisions, or in resubdivided tracts, shall conform to the city's current regulations and specifications for street, drainage and utility construction. Where reference is made within these regulations to the standard specifications, it shall be understood that the word "owner" is to be interpreted as the developer or subdivider and the words "engineer," "inspector," and "owner's representative" are to be interpreted as the developer's engineer. Where the standard specifications allow options not specifically addressed by these regulations, the developer's engineer shall request guidance from the city engineer in writing. 6.02 - Street Paving; -Concrete A. Concrete Stren n Kequirements (1) Concrete Curb and Gutter Concrete curb and gutter shall be constructed thirty inches (30") in width and in accordance with Division 8, Item 8.2, of the Standard Specifications. (2) Reinforced Concrete Pavements and Monolithic Curb Refer to Standard Specifications, Division 5, Item 5.8 B. Pavement Thickness Requirements (1) Residential Street and Alley,Construction The subdivider shall, at his own cost and expense, pay for constructing all residential streets and alleys within his subdivision and one-half (1/2) of all existing and/or proposed perimeter streets. Monies for the construction of the one-half (1/2) street shall be placed in an escrow account if the construction of the street is to be deferred to a later date. A six inch (6") thickness of three thousand (3,000) p.s.i. reinforced concrete pavement on a compacted sub -base shall be required. Said six inch (6") thickness will be acceptable without performing additional soils investigation or design calculations. All steel reinforcing shall be deformed No. 3 bars on twenty-four inch (24") centers both ways. Where the plasticity index of the soil is twelve (12) or greater, stabilization of the sub -grade, six inches (6") thick with six percent (6%) hydrated lime by weight, shall be required. Compaction of the lime stabilized sub -grade shall be according to the Standard Specifications, Division 4, Item 4.6., 4.6.4.(d). Section Any proposed pavement section of lesser thickness or alternate materials shall be fully documented by the design engineer to substantiate the fact that such alternate will provide an equivalent capacity for the pavement noted above and must be approved by the city. (2) Collector, Commercial or Industrial Street and Alley Construction The subdivider shall, at his own cost and expense, pay for constructing all streets and alleys within his subdivision and one-half (1/2) of all existing and/or proposed perimeter streets. Monies for the construction of the one-half (1/2) street shall be placed in an escrow account if the construction of the street is to be deferred to a later date. Collector streets and alleys shall, at a minimum, be designed and constructed with six-inch (6") thickness of three thousand five hundred (3,500) p.s.i. reinforced concrete pavement on a compacted sub -base. All steel reinforcing shall be deformed No. 3 bars on eighteen inch (18") centers both ways. Where the plasticity index of the soil is twelve (12) or greater, stabilization of the sub -base with a six inch (6") thickness of six percent (6%) hydrated lime by weight will be required. Compaction of the lime stabilized sub -grade shall be according to the Standard Specifications, Division 4, Item 4.6., Section 4.6.4(d). Any proposed pavement section of lesser thickness or alternate materials shall be fully documented by the design engineer to substantiate the fact that such alternate will provide an equivalent capacity for the pavement noted above and must be approved by the city. (3) Maior or Secondary Thoroughfare Construction On roadways, adjacent to the proposed subdivision, that are designated to be major or secondary thoroughfares (except Class A Loop Highway), the subdivider shall be required to construct, at his own cost and expense, one-half (1/2) of the street section, up to a width of twenty-four feet (24% measured to face of curbs, with integral curbs on each side. Where thoroughfares traverse a subdivision, the subdivider shall be required, at his own cost and expense, to construct a twenty-four foot (24') wide section on each side of the roadway. Thoroughfares shall be designed and constructed with an eight inch (8") thickness of three thousand five hundred (3,500) p.s.i. reinforced concrete pavement on a compacted sub -base. All steel reinforcing shall be deformed No. 3 bars at twenty-four inch (24") centers both ways. Where the plasticity index of the soil is twelve (12) or greater, stabilization of the sub -grade, six inches (6") thick with six percent (6%) hydrated lime by weight, shall be required. Compaction of the lime stabilized sub -grade shall be according to the Standard Specifications, Division 4, Item 4.6., Section 4.6.4(d). Any proposed pavement section of lesser thickness or alternate materials shall be fully documented by the design engineer to substantiate the fact that such alternate will provide an equivalent capacity for the pavement noted above and must be approved by the city. C. Paving Width Requirements (1) Residential Streets Collector Street, and Alleys. Residential street paving shall be a minimum of thirty-one feet (31') in width, measured between the faces of curbs. Collector Street paving shall be a minimum of forty feet (40') in width, measured between the faces of the curbs (2) Thoroughfares. The following minimum pavement widths are set by this ordinance for the construction of thoroughfares as follows: Thoroughfare Classification Minimum Right -of --Way Width Minimum Pavement Width Between Faces of Curbs Class A (Loop) 180' Two 12' traffic lanes on each side of the roadway centerline Class B (Major) 120' Three 12' traffic lanes divided by a 16' median Class C (Major) 100' Three I traffic lanes divided by a 15' median Class D (Secondary) 80' Four I traffic lanes or two 12' traffic lanes and two 10' parking lanes Note: The minimum width of a median adjacent to a left turn lane shall be five feet (5'). (3) Street Returns. (a) The minimum radii for all street returns shall be twenty feet (20') on collector and minor streets and thirty feet (30') on thoroughfares. (b) Returns for driveways on minor streets shall be ten feet (101). Driveway returns onto commercial and industrial property shall be a minimum of fifteen feet (15') and a maximum of twenty-five feet (25') except in special cases. D. Miscellaneous (1) Reinforcing_Steel Steel furnished for street and alley paving shall meet Standard Specifications, Division 2, Item 2.2., Sections 2.2.6. and 2.2.'7. (2) Sawed Dumm. Jos Refer to Standard Specifications, Division 5, Item 5.8., Section 5.8.2. (3) Expansion Joints Refer to Standard Specifications, Division 5, Item 5.8., Section 5.8.2. (4) Longitudinal Pavement Slopes The maximum longitudinal slopes are as follows. Type of Street Class A - Major Thoroughfare Class B - Major Thoroughfare Class C - Major Thoroughfare Class D - Secondary Thoroughfare Class E - Collector Class F - Collector Class G - Minor (Residential) Maximum Slope 6% Maximum grades for an alley shall be eight percent (8%) within thirty feet (30') of its intersection with a street and fourteen percent (14%) elsewhere. Maximum longitudinal slopes within one hundred feet (100') of intersections shall not exceed two percent (2%). (5) Transverse Pavement Slopes The transverse pavement slope for all non -divided streets may consist of either a straight cross slope or a parabolic curve from the pavement centerline to the gutter. The crown at the pavement centerline shall be four inches (4") above the gutter grade on residential streets and six inches (6") on collector streets and secondary thoroughfares. For divided streets, the transverse slope shall be as required by the city engineer. (6) Lime Stabilization Refer to NCTCOG Standard Specifications, Division 4, Item 4.6. 6.03 -Sidewalks Refer to NCTCOG Standard Specifications, Division 8, Item 8.3. Concrete sidewalks shall be constructed on both sides of streets and thoroughfares, except in industrial areas, by the subdivider. The sidewalks shall have a width of not less than four feet (4') and thickness of not less than four inches (4") and shall be constructed of three thousand (3,000) p.s.i. concrete on both sides of all streets within the subdivision and of a width not less than eight feet (8') on all major thoroughfares. Sidewalks shall be constructed one foot (P) from the property line within the street or thoroughfare right-of-way and shall extend along the street frontage including the side of corner lots and block ends. Alternate sidewalk designs may be considered and shall be approved on a case by case basis by the City. Construction of sidewalks adjacent to curb in residential areas will be considered where driveway entrances are constructed from the rear of lots on each side of the street for the full length of the block or where mountable curbs are installed. In these instances, the sidewalks shall be five feet (Y) wide. Sidewalks in commercial areas shall be a minimum width of six feet (6) or extend from the back of the curb to the building line as required by the city. Sidewalks in industrial areas and planned developments will be as required by by All concrete for sidewalks shall be placed on a two-inch (2") sand cushion. Longitudinal slope of sidewalks shall be that of the curb adjacent to the sidewalk. The longitudinal slope of the sidewalk shall be one-fourth inch (1/4") per foot starting at the back of the curb. The maximum ground slope from the back of the curb to the property line shall not exceed six percent (6%). If it does exceed six percent (6%), a retaining wall, that is acceptable to the city, shall be provided on the property line or the private property graded to a 3 * 1 maximum slope. 6.04 -Drainage and Storm Sewer Improvements General: Drainage facilities shall be provided and constructed by the developer in accordance with all City standards and the following basic requirements: Runoff Calculations 1. The selection of which method to use for calculating runoff depends upon the size of the contributing drainage area at the most downstream point of the project. The "Rational Method" is acceptable for designing projects in which the drainage area is less than two hundred (200) acres. A unit hydrograph method is required for projects with larger drainage areas. 2. No matter which method is used to calculate runoff, a developer or builder of property greater than one (1) acre in size, or any property that was platted as a part of an overall tract which was greater than one (1) acre in size (including churches and schools), shall develop the property so that the rate of runoff created by the development as it leaves the property does not exceed the rate of runoff that would have been created if the property had developed as a single-family residential property. 3. Runoff computations shall be based upon fully developed watershed conditions in accordance with the land use projections in the latest Master Plan. The design engineer shall size drainage facilities by disregarding the detention effects of upstream property and calculating the runoff as if the off -site property was developed without any detention. If an approved regional detention/retention facility is in operation, the design engineer may size downstream drainage facilities based on consideration of the detention effects of the regional facility. 4. Procedure for drainage areas less than two hundred (200) acres. i) Computation of Storm Water Runoff for drainage areas less than two hundred (200) acres shall be by the "Rational Method," which is based on the principle that the maximum rate of runoff from a given drainage area for an assumed rainfall intensity occurs when all parts of the area are contributing to the flow at the point of discharge. The formula for calculation of runoff by the "Rational Method" is. Where: Q = the second. C =Coefficient of Runoff. Park areas - No developed land Developed Park sites Single Family Residential Duplex Multiple Family Schools Churches Neighborhood Commercial Office Commercial Commercial Industrial Q=CIA rate of discharge, expressed in cubic feet per 0.30 0.40 0.55 0.60 0.70 0.70 0.70 0.70 0.70 0.85 0.85 I =Intensity of Runoff in inches per hour (Use Appendix A — IDF Curve). A =Drainage Area in acres. Time of concentration is the longest time, without interruption of flow by detention devices that a drop of water takes to flow from the farthest point %J the drainage area to the point of concentration (i.e. the point of design). The time of concentration is composed of the inlet time and the flow time in a conduit or channel to the point of design. iii) When designing inlets and laterals, the time of concentration is equal to the inlet time. The design engineer will compare the above specified inlet times to the actual calculated inlet time by computing the flow time overland and along the gutter to the first inlet. Manning's equation shall be used to determine flow time to the inlet. The design engineer may use the actual calculated or specified inlet time. a) The inlet time shall be ten (10) minutes for property zoned multiple family, churches, schools, local business, central business, commercial, or industrial. b) An inlet time of fifteen (15) minutes shall be used for property zoned for parks, cemeteries, agricultural, and single family residential. 5. Procedures for Drainage Areas greater than two hundred (200) acres: i) For drainage areas in excess of two hundred (200) acres where the use of the "Rational Method" does not provide reliable results, the use of a unit hydrograph method shall be made. The use of a unit hydrograph calculation will be based upon standard and accepted engineering principles subject to the approval of the City Engineer. Acceptable methods include the Soil Conservation Service (SCS) Technical Release Number 55 or the Corps of Engineers HEC-1 models for drainage areas 200 acres or more. ii) The unit hydrograph method shall be based upon fully developed watershed conditions assuming no effects from the small on -site detention facilities for maintaining the rate of runoff as if the property was developed as single family residential use. The detention effects of large regional detention facilities can be taken into account in unit hydrograph methods. iii) Circumstances that may require the use of a unit hydrograph method include sizing open channels, reclaiming floodplains, creating lakes, or building other types of drainage - related facilities on major drainage courses. Design engineers of these types of facilities should be aware that the requirement of designing for fully developed watershed conditions will mean that they will have to calculate these fully developed flows instead of using the flows calculated in the Federal Emergency Management Agency's (FEMA) flood insurance studies for Sanger or Denton County. Design Storm Frequencies The approved drainage system shall provide for positive overflow at all low points. The term "positive overflow" means that when the inlets do not function properly or when the design capacity of the conduit is exceeded, the excess flow can be conveyed overland along a grassed or paved course. Normally, this would mean along a street or alley, or shall require the dedications of special drainage easements on private property. DRAINAGE FACILITY DESIGN RECURRENCEINTERVAL Closed Storm Sewer Systems 10-year with 100-year positive overflow in streets such that the depth of flow in the street does not exceed the top of curb. Closed Storm Sewer Systems and Inlets at Street Low Point or Sag 100-year with positive overflow Culverts and Bridges 100-year Concrete -lined Channels 100-year Earthen Channels 100-year Street and Alley Capacity 1. The depth of flow in the streets shall not exceed the top of curb for the 100-year storm. 2. The flows created by the 100-year storm shall be contained within the capacity of all paved alleys. 3. The first floor elevations of all residential and other structures shall be set at a minimum elevation of one foot above the top of the street curb elevation or the alley invert, and with positive drainage provided away from the structure. Positive overflow sections shall provide a minimum of 1 foot of freeboard from the overflow invert adjacent to structures and the corresponding first floor elevation of all residential and other structures. Inlet Placement and Capacity 1. Storm sewer inlets shall be built along paved streets at such intervals that the depth of flow, based upon the 100-year storm, does not exceed the top of curb. Inlets shall be located as necessary to remove the flow based on a 100-year storm. If in the opinion of the City Engineer the flow in the gutters would be excessive using the above design criteria, the storm sewers or inlet locations could be altered to relieve adverse conditions. 2. Inlets shall be placed upstream from an intersection whenever possible. At any intersection, only one street shall be crossed with surface drainage and this street shall be the lower classified street. When an alley intersects a street, inlets shall be placed in the alley whenever flow down that alley would cause the capacity of the intersecting street to be exceeded. 3. The minimum inlet size shall be five (5) feet. No more than twenty (20) feet of inlet shall be placed along one gutter at any given location. Minimum sizes of laterals shall be 18 inches for use with 5 foot inlets, 21 inch laterals with 10 foot, 15 foot, and drop inlets and 24 inch laterals for 20 foot inlets. Where laterals tie into trunk lines, place the laterals on a 60 degree angle with the trunk line and connect them so that the longitudinal centers intersect. Pipe Design Standards 1. Storm sewer conduit shall be sized to flow full. determine the conduit size. 2. Minimum and Maximum Velocities in Pipes Manning's Equation shall be used to i) The minimum velocities in conduit shall be 2.5 feet per second. ii) Maximum velocity in the pipe shall not exceed 12 feet per second. iii) The maximum discharge velocities in the pipe shall also not exceed the permitted velocity of the receiving channel or conduit at the outfall to prevent erosive conditions. The maximum outfall velocity of a conduit in partial flow shall be computed for partial depth and shall not exceed the maximum permissible velocity of the receiving channel unless controlled by an appropriate energy dissipater (e.g. stilling basins, impact basins, riprap protection). 3. In general, storm water shall be carried in concrete pipe conduit, but other types of conduit can be used to carry stormwater. However, prior permission to use other conduit materials must be obtained from the City Engineer. 4. Hydraulic Gradient i) Conduits must be sized, and slopes must be set such that runoff flows smoothly down the drainage system. To insure this smooth passage, the hydraulic gradient must be at the proper elevations. The hydraulic grade line shall be established and shown on the plans for all storm sewer design. ii) The hydraulic grade line shall in no case be closer to the surface of the ground or street than one (1) foot. iii) Hydraulic gradient calculations shall account for all head losses that may occur in the storm sewer line. Friction head loss shall be determined by direct application of Manning's Equation. Minor losses due to turbulence at structures shall be determined using Appendix B of this section. Culvert Design 1. One (1) foot of freeboard is required between the 100-year water surface elevation and the top of curb elevation. Exceptions must be approved in writing by the City Engineer. 2. Culverts must be designed using standard methods and engineering judgment. Culverts shall be designed in accordance with the latest edition of the Texas Department of Transportation (TxDOT) Hydraulic Design Manual. Standards of the City of Sanger will take precedence over TxDOT Manual in cases of conflict. 3. Culvert hydraulic grade line calculations shall consider both inlet and outlet control. 4. Culverts shall be skewed such that impacts due to the flood and normal flow angles of attack on the structure are minimized. 5. The maximum velocity through a culvert shall be fifteen (15) feet per second. 6. Stream stability shall be assessed when determining the number of barrels, height and width and culvert skew. Potential for scour shall be accounted for in the design. Bridges 1. Two (2) feet of freeboard is required between the 100-year water surface elevation and the low chord of the bridge. Exceptions to this requirement must be approved by the City Engineer in writing. 2. The skew of the bridge piers and abutments shall be oriented as close to the normal or flood direction of flow resulting in an angle of attack as close to 0 degrees as possible. 3. Bridges shall be designed using standard methods. 4. Stream stability shall be assessed when designing the abutments and interior bents of the bridge. Scour shall be accounted for in the design. Channels 1. Open channels are discouraged in urban areas. Open channels may be used instead of an enclosed system when the pipe size, necessary to carry the design storm event, exceeds the capacity of 2-60 inch RCP. Open channels shall not be permitted when 2-60 inch RCP pipes will carry the design flow, unless approved by the City Engineer. 2. Open channel design criteria: i) Channels maybe left in their natural state provided that the channel velocities are 6.0 feet per second or less and that one (1) foot of freeboard is available during the design storm event. ii) If the natural channel is to be replaced by an improved channel, the flow from the 100-year design flood must be contained within the improved channel while allowing for one (1) foot of freeboard. iii) Improved channels shall be trapezoidal shaped and include a lined section if the design velocity is greater than six (6) feet per second. Lining types such as concrete, rock walls and gabions may be used upon approval of the City Engineer. The maximum velocity allowed in concrete lined channels is fifteen (15) feet per second. iv) Unless shown to be feasible in a soils report sealed by a licensed professional engineer in the State of Texas and approved by the City Engineer, improved channels shall have minimum side slopes of: a) Four (4) feet horizontal to one (1) foot vertical for earthen, grassed -lined side slopes. b) 1.5 feet horizontal to one (1) foot vertical for concrete -lined side slopes in rock. v) Where practicable, all unpaved channels should have sufficient grade to avoid ponding during backwater flow conditions. A minimum slope of 0.50% is required for earthen channels and swales, except those used as part of a wetlands area. vi) The developer or owner shall use low maintenance vegetation for vegetative cover, as approved by the City Engineer prior to planting. The selection of materials shall comply with either the current ground cover listing for North Central Texas furnished through the Texas Agricultural Extension Service. 3. Manning's equation can be used to design channels and determine water surface elevations and velocities when backwater effects are negligible. Channels where backwater effects occur must be designed using models accepted by FEMA. 4. All channel sections must consider and account for channel stabilization in their design. This requirement pertains to all sections whether they are left in their natural condition or are modified in any manner. The design of all drainage channels and swales shall assure adequate capacity and minimum maintenance to overcome the result of erosion, silting, sloughing of bends or similar occurrences. 5. When performing hydraulic analyses for channel or drainage way design, the starting water surface shall be based on the following criteria: i) When the ratio of the drainage area of the receiving creek (at the confluence location) to the drainage area of the channel or drainage way being designed is 15 or greater, the 10-year water surface of the receiving creek shall be used as the starting water surface for hydraulic design calculations. For creeks where the 10-year water surface is not available, the slope -area method will be used for starting design calculations. ii) When the ratio of the drainage area is less than 15, the 100-year elevation on the receiving creek shall be used as the starting water surface for design calculations. Detention Design. Detention/retention facilities shall be designed for the 100-year design flood according to the following criteria. 1. Dedicated detention/retentionbasms shall also include an additional one (1) foot of freeboard and two (2) feet of sediment storage. The volume of runoff storage for drainage areas greater than two hundred (200) acres shall be computed using unit hydrograph procedures. Acceptable unit hydrograph procedures are provided in section XI.B.5 of this document. For drainage areas less than two hundred (200) acres, the above methods are recommended; however, an approximate routing method based on the rational formula is allowable. 2. All detention facilities designed shall consider the timing of the flood peak in the main channel into which the detention facility drains. Delaying the peak from a site in lower portions of a watershed may result in a higher peak on the main channel. 3. A detention facility shall have enough gradient to ensure positive drainage to the outlet structures so as to avoid nuisance conditions such as standing water, odors, insects, and weeds. A minimum slope of 0.50% towards the outlet structure is required for all detention facilities. 4. Detention areas in parking lots shall not be: i) In required parking spaces but in extra spaces. i1) Behind speed bumps unless the speed bumps are made with reinforced concrete. Deeper than six (6) inches unless otherwise approved by the City Engineer and warning signs shall be posted. 5. Drainage easements shall be provided for all regional detention/retention facilities and for other detention/retention facilities where two (2) or more owners are involved. 6. Detention facilities shall be designed to empty in less than 24 hours, unless it is also serving as an erosion control facility. 7. Detention facilities used as a sediment control device shall meet the following requirements; i) The sediment control facility shall be designed with minimal velocities such that sediment is dropped and not picked up by flows at any time during the storm event. ii) The basin shall be designed with adequate sediment storage area so that sediment removal is not required more than twice a year. Expected removal periods greater than twice a year must be specified in the maintenance plan and approved by the City Engineer. iii) Sediment control facilities cannot be used to meet detention requirements unless the volume of sediment is included in the calculations for the detention basin design. 8. The owner shall maintain detention/retention facilities unless the facilities are dedicated to the City of Sanger. The following measures are required to ensure the facility functions properly. i) Facilities should be mowed at least twice a year to control weeds and discourage woody growth. Debris, litter and accumulated sediment should be removed from detention facilities at least twice a year. Particular attention should be given to removal of debris, litter and sediment around outlet structures. iii) Detention basins designed for sediment removal shall be maintained as specified in the maintenance plan and approved by the City with construction plan submittal. Flumes. The use of flumes is not recommended for widespread use. Flumes shall not be permitted when the purpose of a permanent flume is to carry runoff down the sides of earthen channels. A flume may be used to direct overflow runoff along property lines until the runoff can be intercepted by streets or conduits. Flumes crossing sidewalks shall be covered or bridged such as to minimize danger to pedestrians. Residential Grading and Drainage 1. Surface runoff from residential lots shall cross no more than one additional lot before being directed toward the street or a dedicated drainage system. When the flow reaches the second lot, side lot swales shall be in place to direct the flows to the street or to a dedicated City drainage system within an easement in the rear yard. Furthermore, no more than one lot may drain to a second lot before the flow is directed to a street or to a dedicated city drainage system. Where lot to lot drainage occurs, the lot lines shall be aligned and a dedicated private drainage easement shall be provided. 2. Three general categories of residential lot grading and drainage plans are anticipated within the City of Sanger as shown in Figure No. 1. Specific deviations from these three plans will be considered on an individual basis. 3. When adjacent to the floodplain, the finished floor (FF) elevation of commercial buildings shall be two foot (2') above the 100-year fully developed based flood elevation (BFE) of the ultimate floodplain. The FF elevation of residential buildings shall be two feet (2') above the 100-year fully developed based flood elevation (BFE). APPENDIX A INTENSITY — DURATION — FREQUENCY CURVE c so i 9f3 `i4� iiaini'aH iis�rr��stn in �J[i�s�i#�s I17A24.IUFAN Minor Head Losses Aw Entrance Losses 1 _ E�guation HL V"K [<+ 29 HL = head loss (feel') V2 = velocity in downstreanwo pipe (ft/s) Ke head loss coefficient g gravity constant (32.2 ft/s2) 2. Entrance Loss Coefficients (lCe) '�'ype of Siwrru�i~ru�°e ertd l2esi$rr of Ent��rt Ke i:artarete Pipe Procting from fill. Socket end (groove -end) . O-2 Square cut end .- 0_5 Headwall or headwall and wingwalls: Socket end of pipe (groove'end) ......................................... 4.2 5 are edge,...,......,..,,,...........a....,.:...<..............................<., 05 Rounded (radius = I/12D)..,.......<...............>..,,...,.....,.,....,.. 0.2 Mitered to conform to fill slope 1 ...,G.,>. .....,...<... 0:47 En&section conforming to Tilt slope ............................................ 0.5 Beveled edges, 33' to 45" bevels... - 01 Side.. orslope9tapereci inlet......................................................... 0.2 Pipe or F'ipo-Arch C*rr'crg.ated Metal Headwall or headwall and °wingwalls square-ed d.... ............. 045 Mitered to conform to fill slope. paved or unpaved slope ......_.._ Q_? End=section conforming to fill slope.,. ......................................... Q.S Beveled edges, la"to 45' bevels--- - ........ 4.2 sidew or slope tapered inlet .................. ........... 0.2 BOx, Rein#orcet# Ccrete I�trd11 parallel t+� ernbant€rnerat Ana wingsr�alls): Square -edged on 3 edges .... ......... ......................... 0 Rounded on 3 edges to radius of 1112 barrell distension or beveled on 3 sides _... 0.2 ingwalls at 300 to 5'to barrel: Square edge rounded to radius of I!12 barrel[ dimension orbeveled on 3 sides .................................................... 0.2 Wtn"ll at 100 to 250 to barrel: Squareedged at crown:.:.. ..::::... ........: ......... ...:.......... 0.5 'Vngvwall parallel (extension of sides): Square -edged at crown, 01 Side -or slope=tapered inlet ................................................... 0*2 6.05 - Water Systems Water systems shall be of sufficient size to furnish adequate domestic water, to furnish fire protection to all lots and shall conform to the city's comprehensive plan and meet the requirements, in all respects, of the Texas Department of Health. The city shall make the final determination of the adequacy of water mains proposed. A. Materials (1) Water Mains (a) All water mains twelve inches (12") in diameter and smaller may be AWWA C900 polyvinyl chloride (PVC) pipe or an approved equal. Water mains larger than twelve inches (12") in diameter may be constructed with either pre - tensioned or pre -stressed concrete steel cylinder pipe, AWWA C900 polyvinyl chloride (PVC) pipe or an approved equal. (b) The subdivider shall comply with all applicable NCTCOG Standard Specifications, Division 2, Item 2.12., Sections 2.12.5., 2.12.8., and 2.12.20. (2) Gate Valves Gate valves shall be furnished in accordance with the NCTCOG Standard Specifications, Division 2, Item 2.13., Section 2.13.1. (3) Fire H, duets (a) Fire hydrants shall be furnished in accordance with the NCTCOG Standard Specifications, Division 2, Item I14. (b) The subdivider shall furnish drawings with complete detailed dimensions of the fiIQ hydrant proposed for the subdivision. B. Installation and Testing (1) Water Mains Fittings, Gate Valves and Fire H dy rants (a) The subdivider shall comply Specifications in Division 6, for with all applicable (b) Prior to approval of plans and specifications for ductile iron pipe, the subdivider shall perform a soil survey to establish the corrosive characteristics. of the soil at, and along, the alignment of the proposed water mains. If the corrosive characteristics of the soil are found to be excessive or indicate a potential for a corrosive condition, then an approved polyethylene encasement or wrapping shall be installed to protect the pipe in accordance with the NCTCOG Standard Specifications, Division 2, Item 2.9., Section 2.9.5. (c) Tap installations on PVC pipe will be made by attaching a bronze service clamp equipped with a sealed threaded port on the periphery of the main; then drilling through the pipe wall to complete each service port. Taps may be made either on an uncharged system or into a main under pressure. (2) Location (a) All water mains shall be constructed within street rights -of --way or easements dedicated to the city. (b) Easements shall be provided for water mains which parallel any state numbered highway. (c) Water mains shall be installed in or extended along all frontage streets of the proposed subdivision and shall be connected to all existing water mains where convenient. Provision of water mains in conjunction with cul-de-sac streets shall be at the discretion of the city engineer. To insure reliability of service, dead- end mains of adequate capacity shall not exceed three thousand feet (3,000') in length. Adequate capacity shall be determined by the standards for fireflow as adopted by the City and/or required by the State of Texas whichever is more stringent. (d) In zoning districts commonly referred to as "residential sections," the minimum size of water main shall be six inches (6") in diameter. Where intervals between "cross -connecting" mains must exceed one thousand two hundred feet (1,200'), or where dead -ends must exist, eight inch (8") diameter or larger mains shall be installed. (e) Eight inch (8") diameter and larger mains shall be installed in zoning districts commonly referred to as "commercial", "industrial," or "multi -family" with minimum size eight inch (8") diameter intersecting mains every six hundred feet (600') as required by the City. Where dead -ends must exist, eight inch (8") diameter or larger mains shall be installed. The minimum limits set forth in the above shall not be exceeded except upon the specific approval by the city engineer, city building official and the fire chief, but in no event shall these requirements be less than the minimum required by the City and/or the State of Texas whichever is more stringent (f) All valves buried in the ground shall be provided with cast-iron valve boxes of proper dimensions to fit over the valve bonnets and to extend to such elevation at or slightly above the finished street grade or ground line, as approved by the city. Tops shall be complete with covers marked "water" and shall be adjustable. Valve boxes shall be set vertical and concentric with the valve stem. Any valve box which has so moved from its original position as to prevent the application of the valve key shall be satisfactorily reset by the developer at his own expense. A reinforced concrete pad of the dimensions, 3'4' x 314" x 6"5 shall be poured around all valve boxes that are outside the pavement section, unless otherwise directed by the city. (g) Fire hydrants shall bup a%X o conform to the requirements as adopted by the City.. Each hydrant shall be set upon a slab of stone or concrete not less than four inches (4") thick and not less than one (1) square foot of surface area. Where solid rock exists in the bottom of the trench and same is excavated to the proper depth to form a foundation for the hydrant, the slab of stone or concrete above specified may be omitted. The hydrant shall be set perpendicular, and to the proper depth, and shall be carefully and substantially blocked against firm trench walls using Class 2,000 concrete. (h) Fire hydrants shall be installed and operable prior to the erection of any building in which any combustible material is used as determined by the fire chief of the city. 6.06 - Sanitary Sewers Sanitary sewer facilities shall be furnished and installed to adequately service the subdivision and shall conform to the city's sanitary sewer plan and meet the requirements, in all respects, of the Texas Commission on Environmental Quality or it's successors. The adequacy of the sewerage facilities provided by the subdivider shall be determined by the city. A. Materials (1) Sewer Mains and Appurtenances (a) Sanitary sewer mains maybe vitrified clay sewer pipe (extra strength), cement - lined bituminous coated ductile iron pipe, polyethylene -lined ductile iron pipe or polyvinyl chloride (PVC) pipe. The subdivider shall comply with the applicable Standard Specifications of Division 2, which are related to the materials for the sewer mains accepted by the city. Connections shall be made with a fabricated fitting. Field -glued connections are not allowed. When PVC pipes pass through a manhole wall, asbestos cement sleeves with a rubber ring joint shall be used to provide a positive water -tight connection. (b) The minimum diameter of sewer mains shall be eight inches (8"). Six inch (6") diameter sewer mains may be acceptable only for short distances (not to exceed 400 feet) and only in locations where the main will not be extended, as approved by the city. (c) Manholes shall be constructed in accordance with the applicable NCTCOG Standard Specifications, Division 6, Item 6.7., Section 6.7.2.(i). The manholes shall be placed at points of change in alignment, grade, size of sewer, the intersection of sewers; at the right-of-way lines of major and secondary thoroughfares, whether existing or proposed, and the end of all sanitary sewer mains subject to extension. Maximum manhole spacing for sewers with grades should be determined so as to assure available Gleaning equipment. The maximum hundred feet (500) in all cases. straight alignment and uniform continuous operation based on in spacing shall be five (d) Standard cleanouts shall be constructed at the ends of all sanitary sewers not subject to extension, and shall be in accordance with the applicable Standard Specifications, Division 6, Item 6.7., Section 6.7.20). (2) Lift Stations and Force Main (a) All lift stations shall be designed and constructed with two (2) or more sewage pumps, and the stations shall be capable of pumping the design maximum now with the largest pump out of service. Detailed layout, projected flows, design data, plans and specifications of the lift station and pumps shall be submitted to the city engineer prior to the purchase and installation of the pumps. (b) All force mains shall be polyvinyl chloride (PVC) or and approved equal, furnished in accordance with the applicable NCTCOG Standard Specifications, Division 2. For the initial flows or at design for average flows, a cleansing velocity of at least two feet (2) per second shall be maintained, with the velocity not to exceed five feet (5) per second at the peak pumping rate. Where high points are necessary in the design of the force main, automatic air relief valves shall be placed at high points in the force main to prevent air locking. (c) The design of the lift station and force main shall comply, in all respects, with the "Design Criteria for Sewerage Systems" of the Texas Commission on Environmental Quality (TCEQ) or its successors. (3) Location Wherever possible, sewers shall be located in the alleys or easements and shall be a minimum of five feet (5) to six and one-half feet (6 1/2') deep to the invert. Easements shall be provided for sewer mains which parallel any state -numbered highway. (4) Installation and Testing (a) All sewers shall be laid in straight alignment where possible with a uniform grade between the manholes. In those cases where horizontal curvature must be utilized to serve a particular area, the minimum radius of curvature shall be one hundred feet (100'). Grades and appurtenances of sanitary sewers shall conform to the requirements of the Texas Commission on Environmental Quality (TCEQ) or its successors and the following are the minimum slopes which should be provided for a velocity of at least two feet (2) per second; however, slopes greater than these are desirable: Sanitary Sewer - Diameter 4 inch (for service lines only) 6 inch 8 inch 10 inch 12 inch 15 inch 18 inch 21 inch 24 inch 27 inch 30 inch 36 inch Minimum Slope in Feet Per 100 Feet 1.000 0.500 0.330 0.250 0.200 0.150 0.110 0.090 0.080 0.060 0.055 0.045 (b) The excavation, embedment and backfill requirements for the sewer pipe shall all be in accordance with the applicable Standard Specifications, Division 6, Item 6.2. On non-ferrous pipe, Class B+ embedment shall be used per Standard Specifications, Division 6, Item 6.2.9.(c)(6). (c) Performance tests of the sewer mains, manholes and appurtenances shall be performed and documented by the subdivider in accordance with the procedures and requirements of the Standard Specifications, Division 6, Item 6.7. Visual inspection by photographic means (either video or film) shall be required on all sewer mains under the proposed street pavement and shall be performed after completion and acceptance of the street subgrade but prior to the final pavmg. Prior to any testing being performed, the subdivider shall submit for approval to the city engineer a full description of the method for testing and the procedures that are to be employed 6.07 -Utility Services A. All services for utties shall be installed for each lot in such a manner so as to eliminate the necessity for disturbing the street and the alley pavement, curb, gutter, sidewalks and drainage structures when connections are made. B. The subdivider shall provide separate service lines for water and sanitary sewerage to each lot or point of metering. The developer shall install separate service lines for each potential business. C. Water service lines shall be in accordance with Standard Specifications, Division 6.7., and shall be provided with a corporation stop at the main and a curb stop located at least two feet (2) outside of curb at a depth of not less than one and one-half feet (14/2'). All service lines shall be on an individual basis. No bullhead connections allowed. A meter box, meter yoke and miscellaneous fittings shall be furnished and installed by the subdivider and shall conform to the standard materials currently used by the city. D. Sanitary sewer service lines shall have a minimum diameter of four inches (4") in residential districts and six inches (6") in commercial and industrial districts, shall meet the same requirements for sanitary sewers described above, shall be constructed from the main to the building using wyes and necessary bends, and shall have a minimum cover at the property line of four feet (4'), where possible. E. The subdivider shall place a suitable marker at the point where said service lines are stubbed out so that these lines can be easily located for connection by the city. Suitable markers shall be "W" for water and "S" for sewer stamped in top of curb, or edge of the pavement if no curb is constructed. Letters shall have a minimum height of two inches (2") and a minimum width of two inches (2"). F. The subdivider shall make arrangements with all other appropriate utility companies for the extension of their respective utility lines and service, including telephone and cable services, to and within the addition and for any costs or refunds of such costs. G. The use of underground electrical services and transmission lines is required for all subdivisions. 6.08 -Street Li ting Street lighting shall conform to the latest edition of the Illuminating Engineering Society Handbook. Aggregate poles with approved fixtures shall be used and lighting levels, as recommended shall be provided for very light traffic in residential areas, medium traffic on collector streets, and heavy traffic on thoroughfares. In no instance shall the spacing between street lights exceed four hundred feet (400'). The street lighting plan shall be approved by the city engineer. Initial cost of installation of street lighting shall be borne by the subdivider. Street lighting shall not be installed in undeveloped areas, unless monitored and maintained by the developer, until homes/businesses have been occupied within one hundred feet (100') of the light. 6.09 -Construction Contracts The subdivider shall contract for construction of the street, drainage, water and sewer improvements in accordance with the plans and specifications approved by the city. 6.10 -Record Drawings (As -Built Plans) The subdivider shall furnish the city engineer one (1) set of reproducible as -built drawings and one electronic copy compatible with the City of Sanger's CAD system prepared and certified correct by the subdivider's engineer within thirty (30) days after completion of construction. These as -built drawings shall be twenty-four inch (24") by thirty-six inch (36") sheets and shall show complete details of the installation improvements and appurtenances as required by the city, including, but not limited to: A. Plans, profiles and cross sections of all streets and alleys; B . Plans, profiles and cross sections of all drainage projects; C . Locations of water and sewer mains with respect to property lines; D. Size, manufacturer and location with respect to property corners of all water valves and fire hydrants; E. Profiles of sanitary sewers with manhole locations referenced to property corners; F. Detailed diagrams of any special installations such as inlets, junction boxes, headwalls, bores, roadway crossing, siphons and channel crossings; G. The size, materials and locations with respect to property corners of all water and sewer service lines installed; H . Locations and quantities of rock excavation and pavement cut; I. Locations of other utilities encountered; J. Oversize designations it any) for water and sewer mains; and K. Ground elevation of each lot at the front and rear building lines to be shown on the grading plan. 6.11-Inspection The subdivider shall provide inspection service through his/her engineer to insure that construction is being accomplished in accordance with the plans and specifications approved by the city engineer. The subdivider shall notify the city engineer forty-eight (48) hours prior to commencement of construction. This notice shall give the location and date of the start of construction. If the city engineer determines it necessary, he/she shall have the right to inspect any construction work being performed to insure that it is proceeding in accordance with the intent of the provisions of this ordinance. 6.12 - Testing The City of Sanger will determine which lab is to be used for testing service, testing services will be arranged and paid for by the owner/developer.. It shall be the responsibility of the developer's engineer to coordinate the scheduling of all required tests with the testing laboratory. Testing shall be conducted in accordance with the procedures set forth in Part III of the Standard Specifications for like work at the frequency specified therein or as directed by the city engineer. 6.13 - Surveyor's Certificate The subdivider shall furnish a certificate, prepared and certified correct by the subdivider's surveyor, stating that the positions of all monuments and lot markers have been confirmed, or corrected, if necessary, following completion of on -site public improvements to conform to the location of same on the final plat of the development. 6.14 -Contract Completion Certificate The subdivider shall furnish the city a "Contract Completion Certificate" prepared and certified correct by the subdivider's engineer showing an itemized final statement of all costs, including engineering, related to the construction as required by the city, within ten (10) days after completion of construction, and indicating that all improvements have been completed in accordance with the approved plans and specifications. 6.15 - Acceptance The city's acceptance of such work shall be by the city's approval and endorsement of the contract completion certificate. Such acceptance by the city will not be given until satisfactory record drawings have been received by the city. 6.16 - Affidavits The subdivider and the contractor shall furnish the city a subdivider's payment affidavit stating that all payments due the contractor have been paid and a contractor's payment affidavit stating that any and all amounts due for labor, materials, supplies, services or claims in conjunction with said construction have been paid in full: These affidavits shall be furnished within thirty (30) days following acceptance of work by the city. 6.17 - Compliance by Subdivider The city shall not be obligated to permit connection of any water or sewer extension to existing system facilities or provide service therefrom or to reimburse any oversize main cost prior to the full compliance by the subdivider with all the requirements of this ordinance. 6.18 -Park• Open Space• Recreation Areas &Public Use Dedication A. This section includes parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose, conditions, or limitations of such reservations. B. General Park Requirements for Residentially Zoned Property 1. Preliminary and Final Plats shall show areas proposed for park(s). Construction plans shall show improvements and development provided by the developer. 2. The Final Plat shall contain a clear fee simple dedication of the land to the City for park use. 3. The area dedicated shall be not less than one (1) acre for each 50 dwelling units. The term 'dwelling unit' means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family. Each multi -family development shall indicate the number of dwelling units to be incorporated in the development on the Preliminary and Final Plat submissions 4. Payment of money in lieu of dedication of land is authorized when permitted or required by other provisions of this ordinance. 5. Money paid in lieu of dedication of land may be used only for acquisition or development/improvement of a neighborhood/community park located within the same general area as the development or in park facilities intended for access and use by the entire City. 6. At a minimum, park land shall be developed proportionally with each phase. C. Area Less Than One Acre Development of an area less than one (1) acre for public parks purposes is impractical. Therefore, if fewer than 50 dwelling units are proposed the developer/landowner shall pay money in lieu of dedication of land. The only time a land dedication of less than one (1) acre will be considered is when the land can be added to an existing park D. Area Greater Than One Acre 1. Proposed park areas shall be presented as part of the Preliminary Plat. The Parks Board and Planning and Zoning Commission will review and comment on each park dedication prior to presentation to the City Council. Proposed improvements and development standards will be presented to the Parks Board, Planning & Zoning Commission and City Council. 2. The City Council may accept or reject the land offered by the developer/landowner and require money in lieu of dedication of land. Some issues for consideration by the City may include. a. Land is unusable or not compatible with the Master Plan. b. Sufficient park area is already dedicated in the development area c. The area would be better served by expanding or improving existing parks. d. Acquisition of the land is not in the best interest of the City. E. The land for park development shall be dedicated in the Final Plat or simultaneously by separate instrument. F. If the developer/landowner exceeds the number of dwelling units/lots upon which the original dedication was based, then additional dedication or payment of money in lieu of dedication shall be required at the discretion of the City Council. G. Prior Dedication; Absence of Prior Dedication 1. Credit shall be given for land dedicated and/or money paid for public park purposes prior to the enactment of this ordinance. 2. Subdivisions in the platting system shall be controlled by the ordinance in effect at the time such application arose, except additional dedication shall be required only for the increase in density described in paragraph F, above, and may be either land or money in lieu of land as determined by the City Council. H. Money in Lieu of Land 1. The dedication requirement shall be met by a payment of $ 1000.00 per lot in lieu of dedication of land. 2. Payment of money in lieu of dedication of land for park purposes shall be made prior to the issuance of the first building permit. I. Master Plan Considerations The City of Sanger Master Plan will be used for guidance concerning the desired location and type of parks to be developed. J. Special Fund 1. The City shall establish a special fund for the deposit of all sums paid in lieu of land dedication which shall be known as the Park Land Dedication Fund. Any interest earned by these funds shall remain in this account and be used for the fund's intent. 2. The City shall account for money paid in lieu of land dedication with reference to individual plats. Any funds not expended by the City within ten (10) years of the date received by the City for acquisition or development of a park shall be returned to the developer if requested by the developer in writing. The developer of the property on the last date of the ten (10) year period shall be entitled to a proportional refund computed on a per dwelling unit basis. The property owner of such property must request a refund in writing within one (1) year of entitlement or such right shall be barred. K. Additional Requirements 1. Any land dedicated to the city under this ordinance must be suitable for park and recreation uses. The offer of land with the following characteristics may be refused: a. Any areas of unusual topography or slope or other characteristics which render same unusable for reasonable park construction. b. Any area that does not meet the grant requirements of the State of Texas, Department of Parks and Wildlife. 2. Drainage areas may be accepted as part of a park if no significant area of the park is cut off by access to such channel and if suitable improvements may be made within the area without unreasonable cost by the city. 3. Each park must have direct access to public streets. 4. Any detention/retention pond used as part of the open space requirement must be approved by the city and must have a 4' wide sidewalk around the entire premises of the pond and must have minimum 4' benches placed on concrete pads and spaced not more than 500' apart with trees planted between the benches at 100' intervals. The trees planted must be from an approved list obtained from the city. 5. Each Park must have suitable and adequate off street parking paid for by the developer as determined by the City. L. Playground Requirements. For each 50 lots of a subdivision, a playground area of at least 6,000 square feet, with a minimum width of 60 feet and a minimum depth of 100 feet, shall be provided and equipped with playground equipment meeting ASTM F1487-01 specifications and shall be proportional in cost to approximately $1500.00 per lot. The playground components shall be as required by the City's Parks Department. For subdivisions greater than 50 lots, multiple play areas may be incorporated into one playground. The square footage of the playground and the equipment will increase proportionately, according to Parks Department standards, with the number of lots in the subdivision. The playground shall be fenced with a latching gate to secure the area from animals. The square footage of the playground(s) may be used to offset the total requirement for "Open Space" dedication. Playground Land cannot be located in either the flood plain or a detention area. If the playgrounds) is to be owned and maintained by a Homeowners' Association, the same criteria is to be applied. If the subdivision is to be an "Adults Only" development, amenities with the same value and location restrictions shall be required. If cash is given in lieu of playground equipment, the amount shall be $1500 per lot or proportionate part thereof. Development of the playground area must commence prior to one-fourth of the development being completed. Building permits may be withheld if the playground development has not commenced. Development of the playground area must be completed prior to one-half (1/2) of the development being completed. Bung permits may be withheld if the playground development is not completed or substantially underway." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 24th day of January A.D., 20085 by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: DEVELOPMENT AGREEMENT (Sanger Ranch Subdivision) This Development Agreement ("A�reement") is made and entered into as of this 24th Jay of January, 2008 (the "Effective Date"), by and among the CITY OF SANGER, TEXAS, a Texas municipal corporation, ("City"), and LAND ADVISORS, LTD., a Texas limited partnership ("Owner"). The parties to this Agreement are individually referred to herein as a 'Party" and, collectively, as the "Parties". RECITALS WHEREAS, Owner proposes to purchase the approximate 1,113.69 acre tract of land currently located within the corporate limits of the City more particularly described in Exhibit "A" which is attached hereto for all purposes (the "Proper "); and, WHEREAS, Owner proposes to develop the Property as part of a master planned mixed - use development; and WHEREAS, the City is agreeable to the Property being developed as a master planned mixed use development within its corporate boundaries on the terms as set forth herein; and WHEREAS, the City has further agreed to approve the Conceptual Development Plan, attached hereto as Exhibit "B", approve final plats of the respective development phases in accordance with such Conceptual Development Plan, and to take other actions to effectuate the Conceptual Development Plan for the benefit of Owner, the end use owners of the lots within the Property and the public; and WHEREAS, the Owner desires to create one or more conservation and reclamation districts pursuant to Article XVI, Section 59 of the Texas Constitution within the corporate limits of the City to include all of the Property to provide for certain water, wastewater, drainage, and road infrastructure to serve the Property; and WHEREAS, the Owner intends to petition the County or the Texas Commission on Environmental Quality or other appropriate entity for the creation of a fresh water supply district 3 ANGER RANCH DEVELOPMENT AGREEMENT —Page 1 of 104 with a possible future conversion to a water control and improvement district to include all of the Property, and thereafter, upon the terms and conditions as set forth herein, to provide for the division of the Original District into additional Resulting Districts within the City's corporate limits by means of a series of district division elections pursuant to Chapter 51 or 53, Texas Water Code, or another applicable statute; and WHEREAS, an Original District and any Resulting District are sometimes hereinafter referred to individually as "District" and collectively as "Districts"; and WHEREAS, subject to the terms and provisions of this Agreement, the City has agreed to consent to the creation of an Original District and each of the Resulting Districts to include the Property within its corporate boundaries and such other additional property as may be annexed into a District pursuant to the terms of this Agreement; and WHEREAS, the Parties have determined that the City may be the entity best suited to serve as the retail treated water provider and the retail wastewater provider to the Property; and shall reasonably cooperate to achieve the City's legal designation as such and acquisition of a Certificate of Convenience and Necessity to serve the Property if Owner determines that it is economically feasible, practicable and advantageous for City to serve as retail water and wastewater provider over other entities; and WHEREAS, the Owner recognizes the need for a water supply and distribution system and wastewater collection and treatment system to provide an adequate supply of treated water and wastewater treatment; and a need for an adequate system of roads within and to provide access to and egress from the Property on a dependable basis; and WHEREAS, the City has recognized a public need to protect the scarce supply of water and water quality within its corporate limits, and the City desires to effectuate both the construction and its ultimate acquisition of water, wastewater and drainage facilities to serve the City, including the Property, as well as provide for a system of roads; and WHEREAS, the Parties further recognize the need to provide for certain essential public services for the Property, including police protection, fire protection and emergency service, and solid waste management; and WHEREAS, subsequent to creation and subject to conducting of necessary elections, the Districts will be authorized: (a) to acquire, construct, and finance water supply and distribution Facilities and wastewater collection and treatment facilities within the Property, and convey ownership thereof to the City; and (b) to acquire, construct, finance, operate, and maintain a system of roads and road improvements, including drainage facilities; and WHEREAS, it is the express intent of the City and the Owner that, upon its establishment of a District, the Original District, and each Resulting District will become a Party SANGER RANCH DEVELOPMENT AGREEMENT —Page 2 of 104 to this Agreement, and the City's consent to the creation of an Original District is expressly subject thereto; and WHEREAS, subject to the terms and conditions hereof, Lite Parties have agreed that the City will provide for the design, construction, installation, and financing of water supply and distribution and wastewater collection and treatment facilities and certain roads and related drainage facilities to the Property boundary, which are necessary to serve the Property as described herein below; and WHEREAS, the design, construction, installation, and financing of water, wastewater, drainage and road facilities will be made in phases within each District. Each District will issue its bonds to acquire such utility and road improvements within the District and reimburse the Owner for its expenditures relative to the acquisition and construction thereof, and will convey same to the City. Because the Owner and District may agree to assist in the acquisition of a Water CCN or construction of other facilities for the Property to benefit the City, each District desires to receive payments from the City or equivalent fee credits, which payments or credits shall be applied solely to the Construction Costs expended by Owner or District for acquisition A a Water CCN for the Property or construction of other facilities to serve the Property. The City is amenable to such arrangement and acknowledges that the financial commitments of the Owner and the Districts benefit the City generally, as well as the land within each District's boundaries, and promote continuing and orderly economic development within the City; and WHEREAS, the City has represented to the Owner that the City will finance and provide certain essential public services to the Property, including peace officer services, fire protection and emergency services, and solid waste management as required services related to the levy of the City ad valorem tax rate upon and within the Property; and WHEREAS, the Owner has represented to the City that the Owner will negotiate in good faith to dedicate certain school sites within the Property to the Sanger Independent School District; and WHEREAS, the Parties have the authority to enter into this Agreement including, but not limited to, the authority granted by Section 212.172, Local Government Code, Section 102.014, Local Government Code, Section 257,003, Transportation Code, Chapters 791 and 1471, Government Code, Chapter 372, Local Government Code, and Chapters 30, 49, and, where applicable, 51, 53 or 54, Texas Water Code. NOW, THEREFORE, City and Owner, in consideration of the mutual covenants, benefits, promises, agreements and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, do mutually agree as follows. DEFINITIONS SANGER RANCH DEVELOPMENT AGREEMENT —Page 3 of 104 "Agreement" shall mean this Development Agreement by and among the City and "Annexation Tracts" shall mean the tracts of an shown in "Exhibit E" to this Agreement, which, if found to be feasible, practicable and of benefit to the District, may be annexed by the Board of an Original or Resulting District without express written City consent. "Approved Plat(s)" shall mean the preliminary plats and final plats for portions of the Property that are approved, from time to time, by the City. "Board" shall mean the Board of Directors or Board of Supervisors of an Original District or Resulting District. "Bolivar WSC" means Bolivar Water Supply Corporation. "BWSC System" means a water supply and distribution system owned and operated by Bolivar WSC. "CCN" means a certificate of convenience and necessity issued by the Commission designating the area in which the holder thereof is permitted and/or required to provide continuous and adequate water or wastewater service, as the case may be. "City" shall mean the City of Sanger, Texas. "City Assignee" means any entity or political subdivision assigned any part of this Agreement or any right, title or interest of City under this Agreement. "City Engineer" means any qualified engineer contracted by and representing the interests of the City. "City Fees" means all fees and charges customarily applicable to the filing with, and review and approval by, the City of construction plans and final plats and to the review and approval by the engineer or the City of engineering plans as required by the applicable ordinances, codes and/or requirements of the City pursuant to the terms of this Agreement, including impact fees adopted and assessed by the City. "Conceptual Development Plan" means a plan relating to the development of the Property formulated by the Owner in accordance with the provision of Paragraph 3 herein, which plan shall be substantially in the form attached hereto as Exhibit "B". "Construction Costs" shall mean all actual costs and expenses incurred by or on behalf of Owner, for or solely and directly in connection with the Infrastructure described in this SANGER RANCH DEVELOPMENT AGREEMENT —Page 4 of 104 Agreement, specifically being costs for (A) engineering, designing, staking, installing, testing and inspecting the Infrastructure, (B) materials and labor and (C) all permits, licenses and other fees and charges of any governmental authorities exercising lawful jurisdiction with regard to the construction of the Infrastructure. No Construction Costs for the Infrastructure shall be incurred by Owner until Owner has submitted the Construction Costs estimates to the City for review and written approval, such approval not to be unreasonably withheld, delayed, conditioned or denied by the City. "County" means Denton County, Texas. "Developer Reimbursement Agreement" means any agreement solely between the Owner and an Original or Resulting District whereby the Owner advances funds to the District to (i) purchase and/or construct, or to purchase and/or construct under contract with the Owner or otherwise acquire, public improvements, including any professional, design, and engineering costs related to such construction, purchase, or acquisition thereof, and (ii) pay operating and maintenance expenses; and which agreement specifies the manner in which such advanced funds are to be repaid by the Districts to the Owner. "District" or "Districts" means one or more of the Original District or Resulting Districts. "District Consent Ordinance" means an ordinance of the City of Sanger consenting to the creation of the Original District, substantially in the form attached hereto as Exhibit "C". "District En ig Weer" means any qualified engineer contracted by and representing the interests of the District. "ESFC" means one (1) equivalent single family wastewater connection. "Exhibits" shall include the following: Exhibit "A" —Legal Description Exhibit "B" —Conceptual Development Plan Exhibit "C" —Ordinance of the City of Sanger Consenting to Creation Exhibit "D" —Joinder Agreement Exhibit "E" —Annexation Tract Legal Description Exhibit "F" —Chapter 10, Sections 5 and 6, Sanger Code of Ordinances SANGER RANCH DEVELOPMENT AGREEMENT —Page 5 of 104 "Fee Credits" shall mean, collectively, Water Fee Credits, Water CCN Fee Credits, Wastewater Fee Credits and Roadway and Drainage Fee Credits. "Governing_ Regulations" shall mean (i) the Conceptual Development Plan, generally, attached hereto as Exhibit "B" (the "Conc ptual Development Plan"); (ii) the development standards set forth in Paragraph 3(b) (the "Development Standards"); (iii) the Thoroughfare Plan (iv) Approved Plats and (v) the codes, regulations and ordinances of the City, as they currently exist, may be amended or in the future arising, with the exception of Chapter 10, Sections 5 and 5 of the Sanger Code of Ordinances, which shall apply as written on the Effective Date of this Agreement and are attached as Exhibit "G". "Infrastructure" means the Onsite Infrastructure and Offsite Infrastructure, collectively. "Joinder Agreement" means an agreement by which the Original District or any Resulting District confirms and adopts the terms and provisions of this Agreement and such agreement shall be substantially in the form attached hereto as Exhibit "D". "Local Government Code" shall mean the Texas Local Government Code, as amended. "Offsite Infrastructure" means the Offsite Utility Facilities and the Offsite Road Improvements, collectively. "Offsite Road Improvements" means certain roads, roadway and drainage improvements located offsite necessary to serve the Property. "Offsite Utility Facilities" means certain improvements located offsite necessary to bring wholesale water and wastewater service to the Property. "Onsite Infrastructure" means the Onsite Utility Facilities and Onsite Road Improvements, collectively. "Onsite Road Improvements" means roads, roadway improvements and related drainage to be located within the Property. "Onsite Utility Facilities" means water, wastewater and drainage improvements to be located within the Property. "Original District" shall mean the original district created over the entirety of the Property. "Owner" means Land Advisors, Ltd., a Texas limited partnership. BANGER RANCH DEVELOPMENT AGREEMENT —Page 6 of 104 "Owner Assignee" means any person, entity or political subdivision assigned any part of this Agreement or any right, title or interest of Owner under this Agreement. "Owner's Engineer" means any qualified engineer contracted by and representing the "Party" or "Parties" means, individually or collectively (as applicable), the City and Owner as parties to this Agreement. "Property" shall mean the approximate 1,113.69 acre tract, more particularly described in Exhibit "A" to this Agreement. "Public Facility Area(s)" shall have the meaning described in Paragraph 34 herein. "Resulting District" shall mean a separate district created by division of the Original District or a subsequent Resulting District. "Roadway and Drainage Fee" means any fee or impact fee assessed by the City as a condition or reimbursement for roadway and drainage service. "Roadway and Drainage Fee Credit" means fee credits for and relating to roadway and drainage facilities conferred from City to Owner. "Rules of the TCEQ" means the chapters of the Texas Administrative Code pertaining to TCEQ oversight. "Sanger Code of Ordinances" means that certain City Code of Ordinances of Sanger, Texas, enacted by the City Council, which constitutes the code of civil and criminal ordinances of the City. "SISD" shall mean the Sanger Independent School District. "Successor" shall mean the future owner of all or any part of the Property. "Temporary Plant" means a temporary package wastewater treatment plant to service the Property. "TCEQ" shall mean the Texas Commission on Environmental Quality, or any preceding or succeeding agency thereto performing a substantially similar function. City. "Thoroukhfare Plan" shall mean the thoroughfare plan as adopted or amended by the "TIA" shall mean a Traffic Impact Analysis. SANGER RANCH DEVELOPMENT AGREEMENT —Page 7 of 104 "Wastewater CCN" means a certificate of convenience and necessity issued by the Commission designating the area in which the holder thereof is permitted and/or required to provide continuous and adequate wastewater service. "Wastewater Fee" means any one-time fee or impact fee assessed by the City as a condition or reimbursement for wastewater service for a residential or commercial user to connect to the City's wastewater system. "Wastewater Fee Credits" means fee credits conferred from City to Owner for and relating to wastewater facilities, which may derive from, among other lawful sources, wastewater fees. "Water CCN" means a certificate of convenience and necessity issued by the Commission designating the area in which the holder thereof is permitted and/or required to provide continuous and adequate water service. "Water CCN Fee Credits" means fee credits conferred from City to Owner for and relating to Water CCN acquisition. "Water Fee" means any one-time fee or impact fee assessed by the City as a condition or reimbursement for water service for a residential or commercial user to connect to the City's water system. "Water Fee Credits" means fee credits conferred from City to Owner for and relating to water facilities, which may derive from, among other lawful sources, water fees. AGREEMENT 1. Sub'ec� t Property. The Property subject to this Agreement is more particularly described and/or depicted in Exhibit "A", attached hereto and incorporated herein for all purposes. Owner represents it is or will be in the future the sole owner of the Property. 2. Purposes. The Parties desire to enter into this Agreement to provide for the development %J the Property on a mutually acceptable basis, and making provisions for the Onsite Utility Facilities and Onsite Road Improvements to be located on the Property. It is the further purpose of this Agreement to provide for participation in the funding of construction of Offsite Utility Facilities as well as the construction of Offsite Road Improvements as determined in Paragraph 29 herein below to the extent such Offsite Infrastructure is necessary for development of the Property and does not exceed, unless otherwise agreed to in writing between the Parties, the standards set forth herein. It is the intent and purpose of the Parties, pursuant to the terms and provisions of this Agreement, to reasonably agree on the development of the Property, provision of Infrastructure, the provision of utility and other essential public services, and the other following specific issues set forth herein. BANGER RANCH DEVELOPMENT AGREEMENT —Page 8 of 104 3. Conceptual Development Plan/Platting and Development. Subject to Paragraph 3, development of the Property shall be governed by the Governing Regulations. Development of the Property shall be governed by the Governing Regulations during the Term of this Agreement, except as otherwise stated in this Agreement. Development A the Property will include, but not be limited to, the following: (a) Conceptual Development Plan. The Conceptual Development Plan as currently constituted shall divide the Property according to the following zoning uses: Ord New Acrea e Maximum Densitv Ratios SF2 SF4 71 acres 2.5 gross units/acre SF3 SF5 258 acres 3.5 gross units/acre SF4 SF7 410 acres 4.5 gross units/acre SF4A SF8 265 acres 4.5 gross units/acre MF-1 MF4 48 acres 10 gross units/acre B 1 B4 41 acres N/A Open Space Open Space 150 acres N/A (b) Development Standards. The following Development Standards shall also apply to the development of the Property. Permitted Uses. Land uses permitted within the Property are those uses permitted in Districts, A, SF4, SF-2, SF-3, SF4, SF4A, 2F, M174, MF-2, B4, B-25 B-31 PD, H, FP & SUP as defined in Article 14.100 of Sanger Code of Ordinances as set forth in the City's Zoning Ordinance including the following additions: • Private recreation facilities and buildings for homeowner use. • Real estate sales offices and model homes during the development and marketing of the residential areas. • Temporary buildings, advertising signs, and uses incidental to construction work and sales promotions on the premises, which shall meet all City code requirements and shall be removed upon completion. • Open space. Densitv Limits SANGER RANCH DEVELOPMENT AGREEMENT —Page 9 of 104 The following maximum densities are permitted within the Property, subject to the density ratios described in Paragraph 3, and lower densities shall be determined by the Owner if necessary to promote efficient development of the Property. • A maximum of 3200 attached and detached single-family units • A maximum of 500 multifamily units • A maximum of 50 acres of commercial space • A minimum of 150 acres of open/park space (c) Platting and Development. (i) If the City reasonably determines, at any time, that easements and/or way contained contained within the Property, or portion(s) thereof, are required to be dedicated to the City for onsite or offsite needs related to the Infrastructure or drainage, as solely determined by the City, then Owner shall dedicate, at no cost to the City and in accordance with this Agreement, the necessary easements, construction easements and right -of --way on which said Infrastructure, or portion(s) thereof, are to be located within one (1) year after receiving written notice from the City Engineer that said easements and rights -of -way, or portion(s) thereof, are required. The City will, within a reasonable time after receiving the proposed conveyance instrument, provide the Owner written notice of the City's acceptance of the dedicated easement or right -of --way made the subject of this Paragraph 3. Upon the City's acceptance of any dedication described in this Paragraph 3, the City shall assume full maintenance obligations for the right -of --way so dedicated. In the event that City constructs or installs any improvements in such easements or rights -of --way, then such construction or installation shall be completed at no cost to the Owner or District and Owner or District shall not be entitled for any Fee Credits related to such improvements constructed by the City. (ii) Owner shall file or cause to be filed a preliminary plat for the land, or portion thereof, with the City in accordance with the Governing Regulations, to be accompanied by a TIA at City's request, for the City Planning and Zoning Commission's consideration and approval. The property contained within each preliminary plat will be developed in accordance with the Governing Regulations as each exists on the date the application for the preliminary plat was submitted to the City, except as otherwise expressly stated in this Agreement. Notwithstanding anything to the contrary herein, should a preliminary plat for the Property, or a portion thereof, expire, development of said Properties, or portions thereof, shall be in accordance with the Governing Regulations existing on the date a new plat is approved by the City's Planning and Zoning Commission. In order to further a stable, predictable environment within which such development will occur, preliminary plats for the Property shall be effective for twenty-four (24) months from the date of approval by the City. SANGER RANCH DEVELOPMENT AGREEMENT —Page 10 of 104 (iii) To the maximum extent permitted by law, the City agrees to take all actions necessary to effectuate the land use and development of the Property in accordance with the Conceptual Development Plan. The Parties agree that the Governing Regulations shall apply throughout the full development and build -out of the Property or for the term of the Agreement, whichever comes first. Development of the Property shall also be subject to ordinances that the City may adopt, from time to time. By mutual agreement of the Parties, the requirements in Chapter 10 (Subdivision Ordinance), Sections 5 and 6 of the Sanger Code of Ordinances as of the Effective Date of this Agreement may be amended, but otherwise remain in effect as written on the Effective Date of this Agreement. In the event of a conflict between either the Zoning Ordinance and the Conceptual Development Plan and Development Standards, the Conceptual Development Plan and Development Standards shall control. In the event of any conflict between any Approved Plat and either the Subdivision Ordinance and/or Zoning Ordinance, the Approved Plat shall control. 4. Fees and Charges. Except to the extent otherwise specifically set forth elsewhere herein, development of the Property will be subject to the payment to the City of all City Fees. The City Fees shall be adopted by ordinance or resolution and shall not exceed the same or similar fees charged to develop property within the City's corporate limits. The City Fees may be amended, from time to time, so long as the changes apply uniformly to the development of property within the City's corporate limits. The City may adopt and assess impact fees in accordance with Chapter 395 of the Texas Local Government Code. The City Fees shall be the only fees or charges paid to the City in connection with the development of the Property. 5. Annexation/Waiver of Disannexation. (a) Annexation Service Plan. The parties agree that this Agreement shall serve as the service plan (the "Annexation Service Plan") that provides for the extension of full municipal services to the Property meeting the requirements of Section 43.065 of the Local Government Code. The Parties further agree that the services and infrastructure to serve the Property to be provided by the Owner are undertaken voluntarily and that this Agreement represents the mutual understanding of the Parties with respect to the matters contained herein, and that no provision of any service has been deleted. The City Council of the City hereby finds and determines that this proposed Service Plan will not provide any fewer services, and it will not provide a lower level of service in the Property recently annexed than were in existence in the Property at the time immediately preceding the annexation process. Because of the differing characteristics of topography, land utilization and population density, the service levels which may ultimately be provided in the Property may differ somewhat from services provided other areas of the City. These differences are specifically SANGER RANCH DEVELOPMENT AGREEMENT —Page 11 of 104 dictated because of differing characteristics of the Property and the City will undertake to perform consistent with this Agreement so as to provide the Property with the same type, kind and quality of service presently enjoyed by the citizens of the City who reside in areas of similar topography, land utilization and population. (B� WAIVER OF DISANNEXATION. OWNER AND THE CITY AGREE THAT THE REQUIREMENT THAT THE CONSTRUCTION OF CAPITAL IMPROVEMENTS NECESSARY TO PROVIDE MUNICIPAL SERVICES TO THE PROPERTY MUST BE SUBSTANTIALLY COMPLETED WITHIN THE TIME PRESCRIBED BY SECTION 43.056, LOCAL GOVERNMENT CODE, AS AMENDED, DOES NOT APPLY TO DEVELOPMENT ON THE PROPERTY, OR ANY PORTION THEREOF, BECAUSE OF ITS SIZE OR PROJECTED MANNER OF DEVELOPMENT BY THE OWNER. THE PARTIES AGREE THAT CONSTRUCTION OF THE CAPITAL IMPROVEMENTS NECESSARY TO PROVIDE SUCH MUNICIPAL SERVICES TO THE PROPERTY ARE NOT REASONABLY EXPECTED TO BE COMPLETED WITHIN THAT TIME PERIOD, AND THE OWNER HEREBY WAIVES ANY RIGHT IT MAY HAVE UNDER SECTION 43.056 AND/OR SECTION 43.141, LOCAL GOVERNMENT CODE, AS AMENDED, TO FILE A PETITION FOR DISANNEXATION AND/OR ANY OTHER ACTION, UNDER THIS AGREEMENT, EXCEPT IN THE EVENT OF DEFAULT UNDER THIS AGREEMENT BY THE CITY, DUE TO FAILURE TO PROVIDE ANY PORTION OF THE PROPERTY WITH CITY UTILITY, INCLUDING WATER AND/OR WASTE WATER SERVICES AND/OR ANY OTHER MUNICIPAL SERVICES, SAVE AND EXCEPT POLICE AND FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, SOLID WASTE COLLECTION, AND UNLESS OTHERWISE PROVIDED HEREIN, MAINTENANCE OF DEDICATED PARKS AND ROADS. 6. Original District Creation. The Owner intends to submit a Petition for Consent to the Creation of an Original District to the City to include the Property. The City shall adopt the District Consent Ordinance within its corporate boundaries substantially in the form attached hereto as Exhibit "C" to include the Property. The conditions to the City's consent to the creation of an Original District are set forth in such ordinance. The City's consent to the creation of an Original District shall not be withdrawn or modified, and no further action by the City Council of the City shall be required to evidence such consent. Upon demonstrated compliance with Paragraph 7 of this Agreement, the City shall cooperate in good faith with Owner in the continued existence of an Original District including, but not limited to, the execution by the City of such further ordinances, resolutions, documents, or instruments as maybe requested from time to time by Owner, Denton County Commissioners Court, an Original District, the TCEQ, the Texas Attorney General, or any other governmental agency or political subdivision having jurisdiction over an Original District or any bonds or other obligations issued by an Original District or any portion thereof. The City's consent to the creation of the Original District, as evidenced by this Agreement and the District Consent Ordinance, is intended to fully satisfy all applicable requirements of the Texas Local Government Code, Texas Water Code, and the Rules of the TCEQ with respect to municipal consent for creation of and inclusion of the Property within a water control and improvement district, fresh water supply district, municipal utility district or other type of district within the City's corporate limits. The Owner intends to include the Property within a fresh water supply district, with a later planned conversion to a water control and improvement district. In the event that the Property is not included in a fresh water SANGER RANCH DEVELOPMENT AGREEMENT —Page 12 of 104 supply district, the Owner may then pursue the inclusion of the Property in a municipal utility district, water control and improvement district and/or road district, and such District Consent Ordinance shall be deemed to consent to the creation of such District. An Original District shall have the right to exercise all the rights, powers, and authority granted to it under the Constitution and laws of the State of Texas and of any applicable special legislation and under the Rules of the TCEQ. The Original District and each Resulting District may annex property into the District by order of each District's Board as defined in Paragraph 8 of this Agreement and may each divide into Resulting Districts of not less than two hundred (200) acres each by order of each District's Board. In the event that the Original District is created as a fresh water supply district, such power and authority shall include the powers under Section 53,029, Texas Water Code, as amended. This Agreement, together with the adoption of the District Consent Ordinance will constitute the irrevocable and unconditional consent of the City to the creation of an Original District and all subsequent Resulting Districts. 7. Joinder by Original District. Within thirty (30) calendar days from the date of the order of the Denton County Commissioners Court, or the TCEQ, as the case may be, creating an Original District and appointing its initial temporary board members, such Original District shall adopt and enter into a Joinder Agreement, substantially in the form attached hereto as Exhibit "D", by which it shall confirm and adopt the terms and provisions hereof Upon due approval and execution of the Joinder Agreement by the Original District it shall automatically become a "Party" to this Agreement without any further action by the City or Owner. An Original District shall provide a copy of the Joinder Agreement to the City within ten (10) calendar days from the date of District approval thereof. Similarly within thirty (30) calendar days from the date of the creation of any Resulting District by division election conducted pursuant to Section 53.029 or 51,749, Texas Water Code, each Resulting District shall adopt and enter into a Joinder Agreement, a copy of which shall be provided to the City within ten (10) calendar days from the date of District approval thereof. 8. Annexation by District. The City hereby recognizes that Owner owns parcels of land adjacent to the District and that it may be feasible and practicable for the District to annex adjacent parcels of land for the benefit of the Property within the District. The District may annex the adjacent parcels of land referenced within the attached "Exhibit E", (hereinafter referred to as the "Annexation Tracts") pursuant to the applicable annexation statutes for the type A District and consent of the City to the annexation of such Annexation Tracts by a District is hereby conferred if the Board of a District finds the annexation to be feasible and practicable and of benefit to the Property within the District. Owner shall then apply to the City for annexation of any property included in Exhibit E, if annexed into a District. If the land described in Exhibit E has not been annexed into an Original or Resulting District within two (2) years of the date of creation of the Original District, then express written City consent shall be required to annex any remaining portion of the land described in Exhibit E into any Original or Resulting District. Any parcel of land not defined as an Annexation Tract within the aforementioned Exhibit E to the Agreement may not be annexed into any Original or Resulting District without express written SANGER RANCH DEVELOPMENT AGREEMENT —Page 13 of 104 City consent. This Agreement shall be applicable to and binding upon such parcels annexed by the Districts. 9. Original District Dissolution. The City acknowledges and agrees that, unless otherwise authorized by law, it shall not dissolve an Original District or any Resulting District until (a) all Infrastructure planned for all phases of development within such District has been completed; and (b) all persons who provided funding on behalf of such District for the acquisition and construction of such Infrastructure have been fully reimbursed for all eligible expenditures therefor from bonds or other obligations issued by such District or the City has paid in cash to such persons all amounts not previously reimbursed for such eligible expenditures. 10. Dedication of Ri t-of--Way. As of the Effective Date, the Property contains certain existing county roads annexed by the City (the "Annexed Roads") as shown by the Conceptual Development Plan. Upon the annexation of the Property into the City, by operation of law the ownership and maintenance responsibility relating thereto were transferred to the City. The City and the Owner have each found and determined that such roads benefit the Property and, therefore, the City, Owner and District. It is expressly agreed and understood that the City shall be responsible for the cost of maintenance of the Annexed Roads. Any future annexation of existing county roads or inclusion of currently existing Annexed Roads into an Original or Resulting District shall result in Owner or District dedicating related right -of --way to the City in conjunction with the first final plat describing such right-of-way. 11. Planned Development. It is anticipated that development of the Property will occur in phases. It is further anticipated that other areas within the City's corporate boundaries will also develop from time to time. Accordingly, it is understood and agreed that a reliable permanent source of treated water supply and wastewater treatment will be needed by the City so that utility capacities will be available at times and in amounts currently anticipated to be needed to meet the requirements of the Property and other areas of the City as they develop. It is further recognized that as of the Effective Date, the City owns certain water supply distribution facilities and wastewater collection and treatment improvements. The City has not, however, extended such distribution facilities or improvements to the Property and the Parties have agreed to reasonably cooperate to acquire and construct certain facilities, improvements and permits (including, but not limited to, acquisition of CCN's) for the City to provide treated water and wastewater collection and treatment in the amount currently anticipated to be necessary, as determined by demand for service, for the land within its corporate boundaries and the Property. 12. Wastewater Service. (a) Retail Service. (i) The City currently holds the Wastewater CCN to provide retail wastewater service to the current area within the City and the Property and shall provide adequate retail wastewater service to the Property utilizing the same uniform rates that it charges residents of the City not living within the Property as those rates currently exist or may be lawfully amended. SANGER RANCH DEVELOPMENT AGREEMENT —Page 14 of 104 (ii) It is understood by the Owner and the City that within thirty (30) calendar days after the creation of the District, the Owner and District shall enter into a Developer Reimbursement Agreement in form mutually acceptable to the Owner and District and providing, among other matters, the facilities and improvements that it will acquire and convey to the City, and County, if applicable. Pursuant to a Developer Reimbursement Agreement, Owner will agree to fund the costs of water, wastewater, and drainage facilities and roads and road improvements within the Property, and the District will agree to acquire from Owner and reimburse Owner the construction costs and other authorized costs associated with such facilities and improvements for the benefit of the City. (iii) Owner or District agrees to contribute one million five hundred thousand dollars ($1,500,000) to the City as consideration for a portion of the construction of the City's permanent wastewater facilities, including the City wastewater plant and collection facilities, including any related interceptor lines, lift stations or forcemains, less any costs already incurred by Owner or District in the planning, permitting, and preconstruction of the Temporary Plant discussed in Paragraph 12(iv), in exchange for Owner receiving an equivalent amount of Wastewater Fee Credits from the City for Owner's monetary contribution to the construction of the City's permanent wastewater facilities and City's agreement to construct or cause construction of such facilities. Any subsequent interceptor lines and project lift stations will be the responsibility of the Owner or District and Owner or District will receive an equivalent amount of Wastewater Fee Credits from the City for any costs incurred in the oversizing of such lines and lift stations. Owner or District will have the option to remit the aforementioned funds in a single payment or as a series of five (5) equivalent scheduled payments of three hundred thousand dollars ($300,000) each, the first of which will be due upon approval of the first final plat within the Property and thereafter upon the anniversary of the first payment until five (5) payments have been remitted to the City. (iv) In the event that City cannot provide adequate wastewater service to the Property boundaries, the Owner and District will acquire, after the creation of the District and with the reasonable assistance and support of the City, a waste discharge permit and other necessary permits for the discharge of wastewater effluent and Owner and District will construct and provide the Temporary Plant to the City to service a maximum of one thousand (1000) ESFC's For the Property, including providing such temporary easements, plans and specifications to the City necessary to construct and operate the Temporary Plant. The District will receive an equivalent amount of Wastewater Fee Credits from the City for the permitting and construction costs associated with the Temporary Plant and related interceptor lines, and retain water reuse rights for treated water discharge from the Temporary Plant as long as the Temporary Plant is in service. The City shall have the option to operate the Temporary Plant and may provide for expansion of the Temporary Plant above its current 1000 ESFC capacity, at the City's sole expense, to serve retail wastewater customers outside the District, provided that the original capacity of 1000 ESFC's remain exclusively available to Owner or District. Owner, District and the City acknowledge that the Property will require wastewater capacity well in excess of 1000 SANGER RANCH DEVELOPMENT AGREEMENT —Page 15 of 104 ESFC's at full buildout and the City agrees to provide necessary wastewater capacity for the Property prior to maximizing the Temporary Plant's capacity at 1000 ESFC's. At such time as permanent capacity is provided to the Property, the Temporary Plant shall be removed from service by City within a reasonable time period. 13. Retail Water Service. (a) Bolivar WSC is the holder of a Water CCN that includes portions of the Property. Further, Bolivar WSC currently owns and operates the BWSC System that serves a portion of the City. The Parties desire the City to be the exclusive retail water provider for all of the area within the Property, if commercially reasonable and practicable, and agree to reasonably cooperate in a commercially reasonable effort to achieve that end through securing a dual certification agreement for the City under Section 13.248, Texas Water Code, applicable to the Property, and the subsequent construction of a separate water supply and distribution system to serve the Property or the purchase and expansion of the BWSC System to serve the Property. The Parties agree that if it is not commercially reasonable and practicable to acquire the Water CCN for the Property, the Property may receive retail water service from the current CCN holder, Bolivar WSC, provided that Bolivar WSC enters into an Agreement with the City for collection of the City's wastewater and solid waste revenues within the Property and Bolivar WSC and/or the District are capable of meeting the City's fire protection flow requirements. To determine if the acquisition of the Water CCN for the Property is reasonable and practicable, Owner or District shall employ a mutually agreed -upon independent registered professional engineer to perform a study assessing the relative economic impact to the Owner and relative cost of retail water service to future residents of the Property for both Bolivar WSC and the City of Sanger, including system and CCN acquisition costs. If the City system cost of providing retail water service to the Property exceeds the Bolivar WSC System cost of providing retail water service to the Property by five (5) percent, then service from the City shall not be deemed commercially reasonable and practicable and Owner or District shall have the right to receive retail water service from Bolivar WSC subject to the requirements above. (b) At such time as the Parties have mutually agreed upon a plan and process for the designation of the City as the retail water provider within the area of the Property, the District shall participate with the City in such effort, including, among other things, funding such activities on a mutually agreeable and prorated basis pursuant to the Developer Reimbursement Agreement and the allocation of adequate water supply capacity to the Property, as defined by demand, at the same uniform rates that it is charging to other residents of the City not living within the Property. 14. Infrastructure. Pursuant to Section 402.014 of the Local Government Code, the Districts shall acquire for the benefit of and convey to the City, at no cost to the City, all public water, wastewater, and drainage facilities comprising the Infrastructure to the extent that the City is providing such applicable services. Further, pursuant to Section 257.003, Transportation Code, and Chapters 791 and 1471, Government Code, the Districts shall acquire and convey all Onsite Road Improvements to the City, and all Offsite Road Improvements to the City or SANGER RANCH DEVELOPMENT AGREEMENT —Page 16 of 104 County, as applicable. The Districts will acquire the Infrastructure pursuant to the Developer Reimbursement Agreement with the Owner. 15. Plans and Specifications. (a) All Infrastructure shall be designed in accordance with sound engineering principles, the Governing Regulations and the current applicable standards and specifications of the TCEQ and any other agency having jurisdiction, but at no time shall the Infrastructure design be required to exceed the above standards. The final plans, specifications, and the District Engineer's opinion of probable costs for the components of the Infrastructure, shall be submitted to the Parties in the format utilized by the City and approved by all Parties, with such approval not to be unreasonably withheld, conditioned or delayed, prior to advertising for bids for the construction thereof. The Parties agree that the Owner's or District's Engineer shall design all Infrastructure. However, the City Engineer shall have the right to review and approve such designs, plans and specifications prior to commencement of construction. (b) No change in the final plans and specifications for the Infrastructure shall be effected or permitted except pursuant to written change order approved by all Parties, with such approval not to be unreasonably withheld, conditioned or delayed. Such change orders shall clearly state changes to be made and the increase or decrease in Construction Costs effected thereby. No substantial change shall be made without the prior consent of the TCEQ, if required by the then applicable Rules of the TCEQ. It is understood and agreed that any change orders are subject to the Rules of the TCEQ. (c) All District Onsite Infrastructure constructed pursuant to City -accepted engineering plans shall be inspected as required by the Rules of the TCEQ so that the costs and expenses paid or incurred by Owner in connection with such construction will be reimbursable to Owner from bonds issued by the Districts. The engineer for each District and the City Engineer shall perform such inspections at the sole cost of the applicable District within fifteen (15) calendar days after completion of the Infrastructure and the District Engineer and City Engineer shall file copies of their reports with the District. 16. Contract Documents and Bonds; Sales Tax Exemption. Along with the plans and specifications, the District shall submit to Owner and City for approval (with such approval not to be unreasonably withheld, conditioned or delayed) the form of contract proposed to be used for all construction services to be performed by one or more contractors for or on behalf of the District. Further, the District shall submit to Owner and City for approval (with such approval not to be unreasonably withheld, conditioned or delayed) the form of the bid documents to be used for the construction of the Infrastructure. Such documents shall state that the Owner is the "Owner", and the bid and construction contract documents shall be in a form such that they constitute a "separated contract" pursuant to the laws of the State of Texas and the rules of the Comptroller of Public Accounts of the State of Texas in order that all tangible personal property required to be purchased and incorporated into the Infrastructure will be exempt from state sales SANGER RANCH DEVELOPMENT AGREEMENT —Page 17 of 104 and use tax. In that regard, the District shall assist Owner in obtaining a resale certificate and shall require all contractors and subcontractors to obtain a Texas Limited Sales, Excise and Use Tax Permit prior to execution of a construction contract for the Infrastructure. The District will issue an exemption certificate or other appropriate document when and as necessary to assure exemption from such sales and use tax. The District shall further require all contractors to provide performance and payment bonds comporting with the requirements of Section 53.201, et seq., Texas Property Code, as amended, naming the District as the secured party in order to assure completion and payment. The District shall also require all contractors to comply with any prevailing wage rate scale heretofore or hereafter adopted by the District and City pursuant to Chapter 2258, Texas Government Code, as amended, and such requirement and any such prevailing wage rate scale shall be included in the construction contract documents. The District shall file all construction plans and specifications, contract documents and supporting engineering data with respect to the applicable components of the Infrastructure with the TCEQ as and if required by the Rules of the TCEQ. The District also shall record all construction contracts and applicable payment and performance bonds in the real property records of Denton County, as and if required pursuant to the provisions of Chapter 53, Texas Property Code, as amended. 17. Advertisement for Bids. Subject to receipt of District's and City's written approval of the final plans and specifications and form of bid and construction contract documents, the Owner shall advertise for bids and let construction contracts in accordance with Subchapter I of Chapter 49, Texas Water Code, as amended, and the Rules of the TCEQ, as applicable. Upon receipt of bids, the Owner shall submit same to the District and City together with a tabulation of the bids for review and approval prior to award of bid. A$er agreement is reached between the District, Owner and the City as to the award of the bid, the Owner shall submit the construction contract to the District and City for review and approval. Each Party agrees to issue its approval or reasons for disapproval of a contract with reasonable specificity within twenty-five (25) calendar days from receipt of the contract. If the Party has not issued its approval or reason for disapproval within the allotted twenty-five (25) calendar days, the non - approving Party may notify the approving Party in writing of its desire for approval, and if the non -approving Party does not respond within thirty (30) calendar days of the issuance of such notice, its approval shall automatically be deemed to have been given for all purposes hereunder. Each Party also agrees that its approval shall not be unreasonably withheld, conditioned or delayed. 18. Construction. The Owner shall manage all construction so that it shall be performed in a good and workmanlike manner and in accordance with the City's approved engineering plans, specifications, designs and all other, then existing, applicable Rules of the TCEQ, applicable state statutes and the Governing Regulations as defined and applicable under this Agreement. All Infrastructure shall be constructed in dedicated public rights -of --way (except SANGER RANCH DEVELOPMENT AGREEMENT —Page 18 of 104 Texas Department of Transportation right -of --way), utility easements or sites, or in easements or lands specifically conveyed to the District. The Owner shall provide such inspection of the Infrastructure during construction as is reasonably deemed necessary by the City's Engineer or the City may perform such inspection at the sole expense of the Owner or District, using contracted third -party engineers if necessary to expeditiously complete such inspections. Any change order to a contract for the construction of Infrastructure or component thereof shall be subject to approval by the District, City and Owner, such approval not to be unreasonably withheld, delayed, conditioned and/or denied, and shall be filed with, and approved by, the TCEQ as and if required by the Rules of the TCEQ. Any such change orders are subject to the Rules of the TCEQ. Upon completion of the construction of the Infrastructure, "as -built" drawings of the Infrastructure on "mylars" shall be provided to the Owner, District and City by the engineer who designed the applicable portion of such Infrastructure, as well as electronic copies of the drawings in the format utilized by the City. The City Engineer shall provide a letter of acceptance to the effect that the construction has been completed in accordance with the plans and specifications as approved by the District and the City and has been approved by all required regulatory agencies having jurisdiction, which letter shall be addressed to both City and the District. 19. Conveyance of Infrastructure. Upon final acceptance of construction of each phase of Infrastructure as provided in Paragraph 18, ownership in such phase, as well as all maintenance bonds and easements and rights -of --way relating thereto, shall be conveyed by the Owner to the District, and thereafter by District to City by an appropriate legal instrument in a form reasonably acceptable to the respective attorneys for both the City and the District within sixty (60) calendar days of conveyance from Owner to District. Such conveyance shall be in consideration for the other promises, covenants, and agreements of the City set forth herein including particularly, but not by way of limitation, the City's agreement to assume the responsibility for the operation and maintenance of the Infrastructure subject to Paragraph 18 and to provide Fee Credits pursuant to Paragraphs 26 and 27 of this Agreement. Notwithstanding the foregoing, upon final acceptance of a phase of the Offsite Road Improvements, ownership of such phase, as well as all maintenance bonds and easements and rights -of --way, shall be conveyed by the Owner to the District, and thereafter by District to the City or County, as applicable, within sixty (60) calendar days of conveyance from Owner to District at no cost to the City or County. 20. Funding Responsibility. Subject to its rights and covenants pursuant to the Developer Reimbursement Agreement, the Owner shall be responsible for the full and timely payment of all costs associated with the design and construction of the Infrastructure to the maximum amount permitted by law. 21. Maintenance. For a period of two (2) years from the date of acceptance of a phase of Onsite Utility Facilities or Offsite Utility Facilities or Onsite Road Improvements or BANGER RANCH DEVELOPMENT AGREEMENT —Page 19 of 104 Offsite Road Improvements by the City, the District shall remain obligated to and responsible for the maintenance thereof. Thereafter, such maintenance obligations and the costs associated therewith shall be the sole responsibility of the City. 22. District Records. The District shall keep accurate records itemizing all Construction Costs relative to the Infrastructure in accordance with applicable document retention laws. City shall have the right to examine such records at reasonable times and intervals, subject to the provisions of the Texas Public Information Act. 23. Fire Protection and Emergency Services. The Parties acknowledge and agree that the City shall assume responsibility for the provision of fire -fighting services within the Property, as a service provided to the residents of the Property in exchange for their payment of ad valorem taxes to the City. 24. Police Protection. The Parties acknowledge and agree that the City shall assume responsibility for the provision of police and crime prevention and control services within the Property, as a service provided to the residents of the Property in exchange for their payment of ad valorem taxes to the City. 25. Solid Waste Collection. The Parties acknowledge and agree the City shall assume responsibility for the provision of solid waste collection services within the Property at the same rate charged to residents of the City who do not reside within the Property. If Bolivar WSC collects the solid waste charges from the residents within the Property, any fee charged by Bolivar WSC for this service shall be included in the solid waste charges and shall not, under any circumstance, be paid by the City. 26. Consideration. (a) General• Finding of Benefit and Adequacy of Consideration. The Parties acknowledge and agree that District will provide for the acquisition and construction of the Infrastructure that serves and benefits the Property and other areas within the City and convey ownership of portions of same to the City. The City hereby finds and acknowledges that the financial commitments of the Owner and District herein and under the Developer Reimbursement Agreement benefit the City generally, as well as the land within the District's boundaries, and promote continuing and orderly economic development within the City. The City further recognizes and hereby finds and acknowledges that prior to the issuance of bonds by the District to acquire components of the Infrastructure for the benefit of the City, and the actual conveyance of such components to it, the City will benefit from the financial commitments of the Owner and District. Consequently, planning for future development within the City may continue; negotiations for wholesale water supply and wastewater treatment providers may be concluded; and increase in its ad valorem tax base will occur. Accordingly, the City agrees to provide certain Fee Credits and consideration to the Owner or District in consideration thereof as set forth within this Paragraph 26. SANGER RANCH DEVELOPMENT AGREEMENT —Page 20 of 104 (b) Off -Site Fees and Credits. (i) The City agrees to use all reasonable efforts to recover from future users located outside of the District the District's costs, including engineering, permitting and construction of the water and wastewater components of the Infrastructure utilized to serve any areas outside of the District. In this regard, for each lot not located within the District proposed to be served by any such mutually agreed -upon utility improvements funded by the District, the City agrees to provide an amount of Water Fee Credits or Wastewater Fee Credits, as applicable, to the Owner equivalent to the engineering, permitting and construction costs to the District for providing any such water and wastewater services to reimburse Owner and District for costs of the water, wastewater, and storm drainage components of the Infrastructure utilized to serve areas outside of the District. If the District receives a pro rata reimbursement from any future users of such water and wastewater facilities, any pro rata fees collected in excess of the engineering, permitting and construction costs shall be refunded to the City and such amount shall be established based upon Chapter 13, Section 13.104 of the Sanger Code of Ordinances. The City agrees to assess and collect such fee for each applicable lot platted outside of the District as a condition to the approval of a final plat containing such applicable lot by the procedure defined in Chapter 13, Section 13.104 of the Sanger Code of Ordinances. (ii) The City agrees to use all reasonable and lawful means to reimburse or recover from future users located outside of the District the costs incurred by the Owner or District regarding Offsite Road Improvements, including engineering, permitting and construction. In this regard, the City agrees to establish, assess and collect from each owner of property adjacent to such applicable Offsite Road Improvements, as the property is developed, any reasonable and lawful fee or amount or, once established and assessed, provide an equivalent Roadway and Drainage Fee Credit to the Owner in an amount equivalent to the engineering, permitting and construction costs of the Offsite Road Improvements to reimburse Owner and District for the costs of all Offsite Road Improvements contemplated under Paragraph 29 of this Agreement. Any reasonable and lawful fees or amounts assessed and collected by the City pursuant to this Paragraph 26(b)(ii) shall be paid to the District within one hundred and eighty (180) calendar days from date of receipt thereof by the City. If allowed by law, any Roadway and Drainage Fee Credits shall be credited to the Owner at the time of the funding of construction of such Offsite Road Improvements and shall be usable at the time of final plat approval. (c) Ad Valorem Taxes. In consideration of the City's agreement to provide fire fightingI peace officer and other City services to the Property within and for the benefit of the District, the City may levy an ad valorem tax on all taxable real property or interest therein (including mineral interests) located within the boundaries of the Districts, as they may be expanded from time to time, equivalent to the ad valorem tax levied within the remainder of the City's corporate limits. (d) Separate Tax By District. The parties to this Agreement recognize that the ad valorem tax levied by the City pursuant to Paragraph 26(e) cannot be utilized by the District to SANGER RANCH DEVELOPMENT AGREEMENT —Page 21 of 104 pay the principal and interest on its bonds and establish and maintain the interest and sinking (debt service) fund and any reserve fund required by the District's order authorizing the issuance of its bonds and that it will be necessary for the District to levy a separate ad valorem tax for such purposes. (e) City Tax LC y City will use its best efforts to establish its annual tax levy in a timely manner so that the District may have an opportunity to consider City's tax levy as a factor in establishing the District's annual tax levy. The City shall use its best efforts through its designated tax assessor/collector to collect such taxes as they become due. The City shall provide through its designated tax assessor/collector its notice of effective tax rate, indicating the total tax levy for each year, along with the status of collection of current taxes and delinquent taxes, including all penalties and interest. (f) District Maintenance Tax. The District may levy a maintenance tax as provided by Chapter 49, Texas Water Code, and the Texas Property Tax Code, in addition to its tax levies For debt service on the District's bonds. (g) Limits of City's Liability. Unless the City dissolves the District and assumes the assets and liabilities of the District, the bonds or any other obligations of the District shall never become an obligation of the City. The City's obligations under this Agreement shall be limited to any amounts required to be paid by the City pursuant to Paragraph 26 herein and any applicable Fee Credits contemplated under Paragraph 27of this Agreement. (h) Records. The Parties shall keep accurate records in accordance with applicable document retention laws relative to the collection of all City Fees or Fee Credits to be paid to each Party pursuant to this Paragraph 26. The Parties shall have the right to examine such records at reasonable times and intervals, subject to the provisions of the Texas Public Information Act, as amended. 27. Fee Credits. Fee Credits contemplated and conferred from City to Owner under this Agreement, including Water Fee Credits, Water CCN Fee Credits, Wastewater Fee Credits and Roadway and Drainage Fee Credits, shall be applicable to areas controlled by Owner or District within the Property and Owner and District reserve the right to convey such accumulated fee credits to any designated assignees, provided that such conveyed Fee Credits may only be used for projects within the boundaries of the Property, as evidenced by a written agreement between Owner and assignee detailing any assignment of Fee Credits. A preliminary plat shall note that Fee Credits may be applied at the time of final plat approval. At the time of final plat approval, any applicable Fee Credits shall be assigned as noted on the final plat. Fee Credits shall be applied according to the following schedule: (a) Water Fee Credits contemplated and conferred under this Agreement shall be applicable to seventy-five (75%) percent of the total fee for each unit to SANGER RANCH DEVELOPMENT AGREEMENT —Page 22 of 104 which such credit is applied and the remaining twenty-five (2591o) percent of the total fee for each unit shall be payable when due. (b) If the City is the retail water supplier, any amounts expended by the Owner or District to acquire and transfer a Water CCN for the Property shall be credited as Water CCN Fee Credits by the City to the Owner, in the amount of fifty percent (50%) of the per acre cost of the CCN acquisition, up to a maximum fee credit of one thousand five hundred dollars ($1500) per acre for CCN acquisition costs. Water CCN Fee Credits shall be calculated at the time of final platting based on the amount designated above divided by units per acre and shall be credited at the time they are due. (c) Wastewater Fee Credits contemplated and conferred under this Agreement shall be applicable to seventy-five (75%) percent of the total fee for each unit to which such credit is applied and the remaining twenty-five (25%) percent of the total fee for each unit shall be payable when due. (d) Roadway and Drainage Fee Credits contemplated and conferred under this Agreement shall be applicable to fifty (50%) percent of the total fee for each unit to which such credit is applied and the remaining fifty (50%) percent shall be payable when due. 28. Easements and Condemnation. City agrees to grant access to Owner and District and their respective successors and assigns, and their respective employees, contractors, subcontractors and agents, upon any property, easements, construction easements or rights -of - way owned by City in which any utilities are intended to be located. City agrees to cooperate with Owner in obtaining any necessary off -site easements or rights -of --way outside the District from third parties, if applicable. City shall review all requests for off -site easements and rights - of -way to assess whether any feasible alternatives to condemnation exist. If condemnation is necessary, it shall first fall to the District to exercise its condemnation powers to acquire the off - site easements and/or rights -of -way. If the District has not acquired such powers of condemnation, the City shall exercise its condemnation powers to acquire such off -site easements and/or rights -of -way. Any and all reasonable costs and expenses associated with obtaining such off -site easements or rights -of --way, including, but not limited to, land acquisition costs, reasonable attorneys' fees, reasonable engineering fees, and other reasonable foreseeable costs, shall be reviewed and approved by the City, with such approval not to be unreasonably withheld, conditioned or delayed, and payment of such costs shall be the sole responsibility of Owner or District. The City shall provide an equivalent amount of Roadway and Drainage Fee Credits in exchange for the costs and expenses associated with obtaining such off -site easements or rights -of -way for the Off -Site Road Improvements required herein. 29. Off -Site Road Improvements SANGER RANCH DEVELOPMENT AGREEMENT —Page 23 of 104 To the extent that an Original or Resulting District obtains the requisite authority under the Texas Water Code, the District shall enter into an Interlocal Agreement with the City or County to participate to the extent permitted by law in the construction of the Offsite Road Improvements described in this Paragraph for the benefit of the City in support of the anticipated phased development of the Property on a basis reasonably and mutually agreeable to the Parties, and assign or convey such improvements to the City. Owner and/or District shall also widen McReynolds Road from the western boundary of the Property to the existing railroad right-of-way to a four -lane roadway, at such time as a TIA indicates these improvements are warranted or necessary, as provided with the submittal of a final plat with respect to any portion of the Property adjacent to McReynolds Road and commences development of such phase and the City shall provide an equivalent amount of Roadway and Drainage Fee Credits, when such fee credits are assessed by the City, in exchange for the costs and expenses associated with obtaining and constructing such improvement or reconstruction. Widening shall also include the construction of turn lanes and the installation of a permanent traffic signal at the intersection of Indian Lane and McReynolds Road, at such time as is deemed necessary by the aforementioned traffic impact analysis. Owner further agrees to dedicate at no cost or expense to the City any right-of-way reasonably required by the City and/or the State of Texas for the extension of State Highway 455 along the northern boundary of the Property. Owner or District also agree to reimburse the City up to a maximum of fifty thousand dollars ($50,000) for the installation of a temporary traffic signal at the intersection of FM455 and Indian Lane at such time as Owner or District obtains a final plat for the first phase of development within the Property. The City shall provide an equivalent amount of Roadway and Drainage Fee Credits in exchange for the costs and expenses associated with construction of such temporary traffic signal. 30. Perimeter Roads. Owner and/or District shall also improve and/or reconstruct, at its/their sole cost and expense, the inside one-half (%2) of roads, with the exception %J State Highway 455 and FM 2164, on the perimeter of the Property and comprising a boundary of the Districts, as required by the City subdivision ordinance, as well as any roads that, after annexation by future action of the Board of the Original District or any Resulting District, become perimeter boundary roads. In addition, the Owner or District shall construct all four (4) lanes of McReynolds Road from the western edge of the Property to the intersection of the first north/south collector street constructed within the Property, as indicated on the Thoroughfare Plan. Construction of such road improvements shall only be required as warranted by the discharge of vehicular traffic on to McReynolds Road from the Onsite Road Improvements and may be constructed in phases. Once the expansion of McReynolds Road reaches the first north/south collector street constructed within the Property, the Owner and District will not be responsible for any further improvements A the southern (eastbound) lanes on McReynolds Road. All costs associated with the right -of - BANGER RANCH DEVELOPMENT AGREEMENT —Page 24 of 104 way acquisition, permitting and construction of the southern (eastbound) lanes will be subject to reimbursement by any reasonable or lawful means determined by the City until such time as the City may adopt a roadway and drainage impact fee, and at such time the Owner or District will be awarded an equivalent amount of Roadway and Drainage Fee Credits as reimbursement for such acquisition and construction costs. 31. Onsite Road Improvements. As portions %J the Property are developed by Owner, Owner and/or District shall construct all interior onsite roads located within the applicable portion of the Property then being developed which are shown on the Conceptual Development Plan in substantial accordance with the Conceptual Development Plan as the same may be changed by Owner with the approval of the City (which approval shall not be unreasonably withheld, conditioned or delayed) at no cost or expense to the City. It is expressly agreed and understood that the City shall be responsible for the cost of maintenance of such assigned or conveyed roads after acceptance of the same by the City. However, any gated roads within the Property shall be considered private roads, and the City shall not, under any circumstance, accept responsibility of and/or liability for, among other things, maintenance and/or repair of and/or improvements to such private roads. 32. Franchise Utilities. Owner and District acknowledge the power of the City to grant certain franchises for electric, telephone, gas and other services within the boundaries of the District and the Property when within the City's service area. Owner hereby agrees to utilize electric service from Sanger Electric with respect to the portions of the Property within Sanger Electric's service area. 33. Open Space/Dedication. Owner shall dedicate an amount of land within each Final plat for open space to be utilized for public park purposes open to the general public (save and except for any Amenity Center improvements which are restricted to use solely by the residents of the Property, if any) in conformance with the Conceptual Development Plan. Each individual plat shall contain not less than one (1) acre of open space for each fifty (50) dwelling units within the plat. In order to maintain the character, nature and use of the Conceptual Development Plan and overall vision for development within the Property, land located within the flood plain shall be considered as qualified "open space/park land" and shall be included in open space/park land calculations and such open space which is open to the general public shall be applicable to and shall be deemed to constitute satisfaction of all required City park land dedication requirements within Chapter 10, Subdivision Requirements, Section 6.18 of the Sanger Code of Ordinances, pursuant to the terms of this Agreement. Public access points to the open space within the Property shall be determined during the trail planning and platting phases of development. Paved parking, including up to five (5) parking spaces, shall be constructed by Owner or District with each of the trail phases that intersect FM 455, McReynolds Road or Indian Lane. Open space improvements, which shall be limited to hiking trails and lake water features, shall be completed by Owner or District concurrently with each phase of development, shall satisfy all City improvement standards for hiking trails and lake water features and shall provide connectivity to future schools and a future City master trail plan. The maintenance SANGER RANCH DEVELOPMENT AGREEMENT —Page 25 of 104 obligations for the open space shall be borne by the District, homeowners association or other entity but the City shall not be responsible for the maintenance obligations of open space within the Property, including any lakes, ponds, water features or water courses that serve a drainage control function. The documents creating the homeowners association or other entity responsible for the Maintenance Obligations shall be subject to the limited review and approval of the City, which may not be unreasonably withheld, delayed, conditioned or denied, for the sole purpose of ensuring the ownership and maintenance obligations set forth in this Paragraph 33 are adequately and appropriately described therein. No other provisions of the documents creating the homeowners association or other entity responsible for the maintenance obligations are subject to review and approval by the City. The City further agrees that, in consideration of allowing flood plain areas to be counted toward open space/park land, Owner and/or District agree to remit to the City the amount of one hundred thousand dollars ($100,000) for construction of off -site parks and recreation facilities that benefit the City and District, of which fifty thousand dollars ($50,000) shall be due at the time of approval of the first final plat within the Property and the remainder shall be due at the time of approval of the second final plat within the Property, which payment shall fully satisfy the requirements in Chapter 10, Subdivision Requirements, Section 6.18 (L), Playground Requirement. In consideration of the dedication of open space by Owner and payment to the City by Owner for construction of off -site park and recreational facilities, all City Park and recreational requirements under Chapter 10, Subdivision Requirements, Section 6 of the Sanger Code of Ordinances for the Property are deemed satisfied by this Agreement. 34. Public Facility Area. Owner hereby agrees to convey a five (5) acre developable tract to the City, delineated as the "Public Facility Area", for use by the City as a future water tower site, satellite police/fire station or other appropriate use within a residential subdivision. The property shall be relatively square in shape or rectangular with the narrow side a minimum A two-thirds (2/3) the length of the longer side. The parcel shall be located at a mutually agreeable site that is conducive from an elevation standpoint for a water tower to serve the area and for emergency vehicle access to major arteries. The approximately five (5) acre tract being reserved shall be subject to the creation of restrictive covenants limiting the use of such portion A the Property for certain stated municipal functions only, and providing that any improvements constructed thereon will be consistent and harmonious with the architectural theme of the Project while accommodating City fire and safety standards and any unique design or architectural features may be added or requested by Owner or District at no expense to the City. If the City reasonably determines, at any time, that the Public Facility Area, or portion(s) thereof, are required to be dedicated to the City, as solely determined by the City, then Owner shall dedicate, at no cost to the City and in accordance with this Agreement, the Public Facility Area, or portion(s) thereof, are to be located within one (1) year after receiving written notice from the City Engineer that said Public Facility Area, or portion(s) thereof, are required. The SANGER RANCH DEVELOPMENT AGREEMENT —Page 26 of 104 City will, within a reasonable time after receiving the proposed conveyance instrument, provide the Owner written notice of the City's acceptance of the dedicated Public Facility Area or portion thereof. Upon the City's acceptance of such Public Facility Area or portion thereof, the City shall assume full maintenance obligations for the Public Facility Area so dedicated. 35. School Sites. Approximately twenty-four (24) total acres of all (the "School Sites") will be reserved for donation by Owner to Sanger Independent School District ("SISD") in two (2) separate parcels, as identified on the Conceptual Plan and described herein, for the sole purpose of the construction of schools to serve the Property as well as other residential subdivisions. The first site donated will consist of approximately ten (10) buildable acres, where site dimensions, existing floodplains (if any), utility easements (if any) and drainage requirements (if any) can accommodate the proposed school site requirements, and will be eligible for donation and conveyance at such time as (i) the site is requested by SISD for school construction, (ii) creation of the Original District and (iii) the first final plat for residential lots is approved. The second site will consist of approximately fourteen (14) buildable acres, where site dimensions, existing floodplains (if any), utility easements (if any) and drainage requirements (if any) can accommodate the proposed school site requirements and will be eligible for donation and conveyance at such time as (i) the site is requested by SISD for school construction and (ii) after five hundred (500) platted lots within the Property have been constructed and occupied. The form of conveyance, exact locations for the school sites and the site development standards for each school site shall be subject to the mutual approval of the Owner and the SISD. The terms and conditions of a donation and conveyance will be determined by separate agreement solely between the Owner and SISD at such time when the donation or conveyance is requested by SISD and at no obligation to the City. Utilities, including water, sanitary sewer and drainage facilities, should be made available to each school site at the time of development of any adjacent residential lots. 36. Cooperation. Both Owner and City agree to utilize commercially reasonable efforts in a diligent good faith attempt to enlist the support of any and all other governmental entities and officials to aid and assist in the accomplishment of the transactions contemplated by this Agreement which directly affect the Property. Owner, District and City agree to properly address any utility and drainage issues which may arise with regard to the development of the Property and to use commercially reasonable efforts in a good faith attempt to resolve same in a manner reasonably acceptable to all Parties. 37. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 38. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes, and all the counterparts shall, collectively, constitute but one and the same agreement. A facsimile signature will also be deemed to constitute an original if properly executed. In making proof of this Agreement, it shall not be necessary to produce or account for more than one executed counterpart. SANGER RANCH DEVELOPMENT AGREEMENT —Page 27 of 104 39. Authority. The City represents and warrants that this Agreement has been approved and duly adopted by the City Council of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so and such authorization is valid and effective on the Effective Date. Owner represents and warrants that this Agreement has been approved by appropriate action of Owner and that the individual executing this Agreement on behalf of Owner has been authorized to do so and such authorization is valid and effective on the Effective Date. The Parties further represent and warrant that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this Agreement. 40. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein and the invalid, illegal or unenforceable provision shall, to the maximum extent possible, be rewritten and reconstituted so as to be enforceable and to give effect to the intent of the parties. 41. Representations. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. 42. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. 43. Attorneys' Fees. If any dispute between the parties hereto relating to the transactions contemplated by this Agreement should result in litigation, the prevang Party shall be reimbursed for all reasonable costs and expenses incurred in connection therewith, as permitted by Section 271.159 of the Local Government Code, as it exists or may be amended, including, without limitation, reasonable attorneys' fees and court costs. SANGER RANCH DEVELOPMENT AGREEMENT —Page 28 of 104 44. Reference to Parties/Bindin Eg ffect. (a) When referring to Owner, this Agreement shall refer to and be binding upon Owner, officers, directors, representatives, agents, employees, contractors, successors, assignees, grantees and/or trustees. (b) When referring to the City, this Agreement shall refer to and be binding upon the City of Sanger, Texas, its officers, representatives, agents and employees. (c) This Agreement shall be binding upon and inure to the benefit of Owner and the City. 45. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and adopted as findings of the City and the authorized representative of Owner. 46. State Law Authority. The Parties are entering into this Agreement pursuant to, among any other applicable law(s), the Local Government Code. 47. Reliance. Owner and the City have relied (in negotiating and entering this Agreement) and will continue to rely (in performing under this Agreement), to the material detriment of each, upon the enforceability of this Agreement (and, particularly, on the enforceability of the waivers contained herein) as part of the consideration for entering and performing under this Agreement; and, for such reliance, Owner and the City would not have entered this Agreement. 48. Assi n�. BANGER RANCH DEVELOPMENT AGREEMENT —Page 29 of 104 This Agreement is assignable upon the following conditions: (a) the assignment of this Agreement must be evidenced by a recordable document. The recordable document referred to in this Para _aph 48 is subject to the approval of the Ci rgty, such approval not to be unreasonably withheld, conditioned, delayed or denied; (b) at the time of any assignment, the assignor must give the assignee written notice that any and all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by assignee. The form of notice provided pursuant to this Paragraph 48 is subject to the approval of the City, such approval not to be unreasonably withheld, conditioned, delayed or denied; (c) the assignor will file any approved assignment in the land records of Denton County, Texas, and provide the City with a file -marked copy of same within thirty (30) calendar days of approval and execution of the assignment in accordance with this Parag_rgph 48; and (d) the assignor shall provide the City with the name, address, phone number, fax number and the name of a contact person for the assignee. 49. Owner's Warranties/Representations. All warranties, representations and covenants made by Owner in this Agreement or in any certificate or other instrument delivered by Owners to the City under this Agreement shall be considered to have been relied upon by the City and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by the City or on the City's behalf 50. City's Warranties/Representations. All warranties, representations and covenants made by City in this Agreement or in any certificate or other instrument delivered by City to the Owner under this Agreement shall be considered to have been relied upon by the Owner and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by the Owner or on the Owner's behalf. 51. Conveyances. All conveyances required by this Agreement shall be in a form reasonably acceptable to the City and in good and marketable title in fee simple to the subject property(ies), free and clear of any and all liens, encumbrances, conditions, easements, assessments and restrictions, except for exceptions to coverage listed in a title binder to be provided to and reasonably approved by the City prior to conveyance. 52. Encumbrance by Owner. Owner shall have the right to pledge, grant a lien or security interest in, or otherwise encumber any right, title or interest of Owner under this Agreement for the benefit of any lender (a "Lender") without the consent of, but with notice to, the City. The pledge, grant of lien or security interest, or encumbrance by Owner for the benefit A a Lender shall not obligate the Lender to perform any obligations under this Agreement and BANGER RANCH DEVELOPMENT AGREEMENT —Page 30 of 104 shall not create any liability of the Lender to the City. If there is an event of default by Owner under this Agreement, any Lender shall have the right, but not the obligation, to cure such event of default, which cure shall not obligate the Lender to perform any other obligations under this Agreement and shall not create any other liability of the Lender to the City. A Lender is not a Party to this Agreement unless this Agreement is amended to designate the Lender as a Party. 53. Covenant Running With the Land. This Agreement shall be a covenant running with the land and the Property and shall be binding upon Owner. In addition, the Parties shall cause this Agreement to be filed in the Real Property Records of Denton County. Notwithstanding the foregoing, the obligations herein that burden the Property shall be released automatically as to each lot therein which is conveyed subsequent to the final plat for the Property being reviewed, approved and executed by the City and filed in the Real Property Records of Denton County. Any third party, including any title company, grantee or lien holder, shall be entitled to rely on the immediately preceding sentence to establish whether such termination has occurred with respect to any lot. 54. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. 55. Entire Agreement; Amendment. This Agreement, including all of the agreements, petitions, ordinances, orders, and other documents attached as exhibits hereto, constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether oral or written, concerning the subject matter of this Agreement and may not be modified or amended except in writing signed by the Parties. 56. Term. The term of this Agreement shall begin upon the Effective Date and end upon the earlier of (a) fifteen (15) years after the Effective Date (unless extended or shortened by mutual agreement of Owner and the City), (b) the complete performance of all obligations and conditions precedent by each Party owing to the other Party hereunder (the "Term"). In the event that (a) construction of all Infrastructure has not been completed; (b) all persons who provided funds for the construction of such improvements on behalf of the Districts have not been fully reimbursed for all eligible expenditures from bonds issued by the Districts or (c) all Water Fee Credits, Wastewater Fee Credits and Roadway and Drainage Fee Credits conferred under this Agreement have not been redeemed by Owner or Owner's assignee as of the expiration of the Term, then the term of this Agreement shall be automatically extended for an additional fifteen (15) year term, but under no circumstances shall the Term of this Agreement exceed a total of thirty (30) years. 57. Written Agreements. Any agreement, consent, approval, notice, correspondence, information and/or other documentation required and/or referred to in this Agreement shall be in writing. Any agreement required and/or referred to in this Agreement shall be in writing and executed by the necessary Parties. SANGER RANCH DEVELOPMENT AGREEMENT —Page 31 of 104 58. Indemnification. The Parties agree that the indemnity provisions set forth in Paragraph 70 herein are conspicuous, and the Parties have read and understood the same. 59. Default/Remedies. (a) Default. No Party shall be in default under this Agreement until written notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) calendar days after written notice of the alleged failure has been given, subject to Force Majeure as set forth in Paragraph 654 however, such period shall be extended for such reasonable periods that may be required under the circumstances so long as the breaching Party is diligently prosecuting the cure of such breach to completion not to exceed ninety (90) calendar days from receipt of the notice of failure to perform described herein. The non -defaulting Party may, at its sole option and in writing, extend the time to cure for a duration reasonable under the circumstances. (b) Remedies. (i) In the event Owner fail to comply with any of the provisions of this Agreement after being provided with the notice described in Paragraph 59(a) and failing to cure the breach as provided therein, the City shall have the following remedies in addition to the City's other rights and remedies, at law or in equity. (A) to, without notice or any other action of the City, immediately cease to issue any and all building permits for the Approved Plat containing the portion of Lite Property in which such default occurs; and/or (B) to, without notice or any other action of the City, immediately cease to issue any and all building permits within any portion the most recent Approved Plat (determined on the date the City invokes a remedy herein), which may or may not be the subject of such default ; and/or (C) to, without notice or any other action of the City, immediately cease the provision of any and all Fee Credits being made pursuant to this Agreement; and/or (D) to, without notice or any other action of the City, refuse to accept the submission of any future plat, preliminary and/or final, for the Property, or any portion thereof, and/or cease consideration of any existing plat, preliminary and/or final, which has been submitted to the City, but which has not yet been approved in accordance with the ordinances of the City; and/or sANGER RANCH DEVELOPMENT AGREEMENT -Page 32 of 104 (E) to, without notice or any other action of the City, refuse to release engineering plans for any construction on the Property, or any portion thereof; and/or (F) to refuse to accept any portion of any public improvements on the Property, or any portion thereof, and/or associated with the development of the Property, or any portion thereof; and/or (G) to refuse to finally accept the Property and/or any portion thereof; and/or (H) to seek injunctive relief, mandamus relief and/ or specific enforcement of this Agreement. (ii) In the event the City fails to comply with the terms and conditions of this Agreement after being provided with the notice described in Paragraph 59(a), and failing to cure the breach as provided therein, Owner may seek injunctive relief, mandamus relief or specific enforcement of this Agreement as its sole and exclusive remedies. (iii) Notwithstanding the foregoing, each Party agrees that if any threatened or actual breach under this Agreement arises, which reasonably constitutes immediate, irreparable harm to another Party for which monetary damages is an inadequate remedy, equitable remedies may be sought by the non -defaulting Party, without providing the notice described in Paragraph 59(a), and awarded in a court of competent jurisdiction without requiring the non -defaulting Party to post a bond. 60. Limitation of Liability. Notwithstanding anything to the contrary herein, the Parties agree and acknowledge that City shall not, under any circumstance, be required to tender, provide and/or be liable to Owner for, any credit, reimbursement and/or payment of any monies with regard to the matters set forth herein, save and except as provided in this Agreement. 61. Notices. Any notice or other communication required by this Agreement to be given, provided, or delivered to a Party shall be in writing addressed to the Parties as set forth below. Notices shall be considered "given" for purposes of this Agreement: (a) if by Certified Mail, five (5) business days after deposited with the U.S. Postal Service, Certified Mail, Return Receipt Requested; (b) if by private delivery service (e.g., FedEx or UPS), on the date delivered to the notice address as evidenced by a receipt signed by any person at the notice address; or (c) if by any other means (including, but not limited to, facsimile and E-mail), when actually received by the Party at the notice address. SANGER RANCH DEVELOPMENT AGREEMENT —Page 33 of 104 CITY: Attn: City Manager City of Sanger 201 Bolivar Street PO Box 1729 Sanger, Texas 76266 TEL: (940) 458-7930 FAX: (940) 4584180 With a coRY to: Rebecca H. Brewer, Esq. Abernathy, Roeder, Boyd & Joplin, P.C. 1700 Redbud Boulevard, Suite 300 McKinney, Texas 75070 TEL: (214) 5444000 FAX: (214) 5444040 OWNER: Attn: Mr. Dan Tomlin, III, President Land Advisors, Ltd. 4265 Kellway Circle Addison, Texas 75001 TEL: (972) 239-0707 FAX: (972) 7884247 With a cony to: Ross S. Martin, Esq. Kelly Hart &Hallman LLP 201 Main Street, Suite 2500 Fort Worth, Texas 76102 TEL: (817) 878-3517 FAX: (817) 87&9717 Each Party has the right to change, from time to time, its notice addresses by giving at least ten (10) calendar days written notice to the other Parties. If any time period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the period shall be extended to the first business day following such Saturday, Sunday or legal holiday. BANGER RANCH DEVELOPMENT AGREEMENT —Page 34 of 104 62. Time. Time is of the essence in the performance by the Parties of their respective obligations under this Agreement. Owner agrees to make a preliminary application to the appropriate court or agency for creation of the Original District within eighteen (18) months of the Effective Date of this Agreement. Owner further agrees to file a preliminary plat for approval by the City with eighteen (18) months of the date of confirmation of the Original District. Failure to meet either of these deadlines described solely in this Paragraph 62 shall result in the termination of this Agreement at the sole option of the City within ninety (90) days from the deadline missed by Owner. The Owner and City may mutually agree to extend either of these deadlines, but City is under no obligation to extend the deadline periods beyond the timeframes stated in this Paragraph 62. 63. Applicable Law and Exclusive Venue. This Agreement shall be interpreted in accordance with the laws of the State of Texas. Exclusive venue shall be in Denton County, Texas. 64. Further Documents. Each Party shall, upon request of the other Party, execute and deliver such further documents and perform such further acts as may reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the Parties. 65. Force Majeure. In the event a Party is unable, due to Force Majeure, to perform its obligations under this Agreement, then the obligations affected by the Force Majeure shall be temporarily suspended. Within thirty (30) calendar days after the occurrence of a Force Majeure, the Party claiming the right to temporarily suspend its performance based on the Force Majeure, shall give written notice to the other Party, including a complete and detailed explanation of the Force Majeure and a description of the action that will be taken to remedy the Force Majeure and resume full performance at the earliest possible time. The term "Force Majeure" shall include events or circumstances that are not within the reasonable control of the Party whose performance is suspended and that could not have been avoided by such Party with the good faith exercise of due diligence and reasonable care. 66. Sovereign Immunity. The Parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement, except as to Chapter 271, Subchapter I of the Local Government Code. The Parties agree that this Agreement constitutes a contract for goods and services and therefore Section 271, Subchapter I of the Local Government Code applies to this Agreement. 67. Non -Waiver. If either Party fails to insist on strict performance of any provision. of this Agreement, such failure shall not be deemed a waiver by such Party of its right to insist on strict performance of such provision in the future or strict performance of any other provision A this Agreement. 68. Exhibits. The exhibits attached to this Agreement are incorporated as part of this Agreement for all purposes as if set forth in full in the body of this Agreement. SANGER RANCH DEVELOPMENT AGREEMENT —Page 35 of 104 69, PARTIES' ACKNOWLEDGEMENT OF CITY'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES, RULES AND REGULATIONS/OWNER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. (A� OWNER ACKNOWLEDGES AND AGREES THAT: (I� THE INFRASTRUCTURE TO BE INSTALLED, CONSTRUCTED AND/OR PROVIDED BY OWNER, THE DEDICATIONS AND/OR CONVEYANCES AND/OR THE FEES TO BE IMPOSED BY CITY PURSUANT SOLELY TO THIS AGREEMENT REGARDING THE PROPERTY, IN WHOLE OR IN PART, DOES/DO NOT CONSTITUTE A: A. TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; Be VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS; Co NUISANCE; AND/OR D. CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE, RULE AND/OR REGULATION. (II� THE AMOUNT OF OWNER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT SUCH OWNER'S DEVELOPMENT PLACES ON THE CITY'S INFRASTRUCTURE AND/OR PARK SYSTEM. (III OWNER HEREBY RELEASES CITY FROM ANY OBLIGATION TO PERFORM OR COMMISSION A TAKINGS IMPACT ASSESSMENT UNDER CHAPTER 2007 OF THE TEXAS GOVERNMENT CODE, AS IT EXISTS OR MAY BE AMENDED. (IV� OWNER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS TO CITY PURSUANT TO THIS AGREEMENT IS ROUGHLY SANGER RANCH DEVELOPMENT AGREEMENT —Page 36 of 104 PROPORTIONAL TO THE BENEFIT RECEIVED BY UWNER FOR SUCH LAND, AND OWNER HEREBY WAIVES ANY CLAIM THEREFOR THAT IT MAY HAVE. OWNER FURTHER ACKNOWLEDGES AND AGREES THAT ALL PREREQUISITES TO SUCH A DETERMINATION OF ROUGH PROPORTIONALITY HAVE BEEN MET, AND THAT ANY VALUE RECEIVED BY CITY RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTENT TO THE IMPACT OF THE DEVELOPMENT OF OWNER'S ADJACENT PROPERTY ON CITY'S INFRASTRUCTURE AND/OR PARK SYSTEM. OWNER AND CITY FURTHER AGREE TO WAIVE AND RELEASE ALL CLAIMS ONE MAY HAVE AGAINST THE OTHER RELATED TO ANY AND ALL ROUGH PROPORTIONALITY AND INDIVIDUAL DETERMINATION REQUIREMENTS MANDATED BY THE UNITED STATES SUPREME COURT IN DOLAN V. CITY OF TIGARD, 512 U.S. 374 (1994)9 AND ITS PROGENY, AS WELL AS ANY OTHER REQUIREMENTS OF A NEXUS BETWEEN DEVELOPMENT CONDITIONS AND THE PROJECTED IMPACT ON THE INFRASTRUCTURE AND/OR PARK SYSTEM. (V) OWNER SHALL INDEMNIFY AND HOLD HARMLESS CITY FROM ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO OWNER'S RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, LEGAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PAR Af R APN Fig_ (B) OWNER RELEASES CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS SOLELY RELATED TO THIS AGREEMENT. (C) OWNER HEREBY WAIVES ANY REQUIREMENT THAT THE CITY RETAIN A PROFESSIONAL ENGINEER, LICENSED PURSUANT TO CHAPTER lOO1 OF THE TEXAS OCCUPATIONS CODE, TO REVIEW AND DETERMINE THAT THE EXACTIONS REQUIRED BY CITY AS A CONDITION OF APPROVAL FOR THE DEVELOPMENT OF THIS PROPERTY ARE ROUGHLY PROPORTIONAL OR ROUGHLY PROPORTIONATE TO THE PROPOSED DEVELOPMENTS ANTICIPATED IMPACT. (THESE EXACTIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE MAKING OF DEDICATIONS OR RESERVATIONS OF LAND, THE PAYMENT OF FEES, THE CONSTRUCTION OF SANGER RANCH DEVELOPMENT AGREEMENT —Page 37 of 104 FACILITIES, AND THE PAYMENT OF CONSTRUCTION COSTS FOR PUBLIC FACILITIES.) OWNER SPECIFICALLY RESERVES ITS RIGHT TO APPEAL THE APPORTIONMENT OF MUNICIPAL INFRASTRUCTURE COSTS IN ACCORDANCE WITH TEX, LOC. GOV'T CODE §212,904. HOWEVER, NOTWITHSTANDING THE FOREGOING, OWNER HEREBY RELEASES THE CITY FROM ANY AND ALL LIABILITY UNDER TEX, LOC, GOV'T CODE §212,904 REGARDING OR RELATED TO THE COST OF THOSE MUNICIPAL INFRASTRUCTURE IMPROVEMENTS REQUIRED FOR THE DEVELOPMENT OF THE PROPERTY. (D� OWNER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE, RULE AND/OR REGULATION RELATED TO THIS AGREEMENT. (E� THIS PARAGRAPH 69 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 7O. INDEMNIFICATION. (A� OWNER, INDIVH)UALLY AND ON BEHALF OF ITS OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES, DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH, CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF THE OWNER, ITS OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM SUCH OWNER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE CONSTRUCTION, INSTALLATION AND/OR PROVISION OF THE INFRASTRUCTURE, IN WHOLE OR IN PART, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY , EXCEPT AS SANGER RANCH DEVELOPMENT AGREEMENT —Page 38 of 104 SPECIFICALLY ENUMERATED IN THIS PARAGRAPH 7O (HEREINAFTER "CLAIMS"�. THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST THE CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY SOLELY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE CONSTRUCTION OF THE INFRASTRUCTURE, THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN OWNER, AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE OWNER, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL., STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. IN THIS CONNECTION, OWNER, INDIVIDUALLY AND ON BEHALF OF ITS OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES, AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FOR THE CITY'S, ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND/OR EMPLOYEES, OWN NEGLIGENCE, IN WHATEVER FORM, ARISING OUT OF ANY ACT OR OMISSION, TAKEN OR FAILED TO BE TAKEN BY THE CITY, RELATING IN ANY MANNER TO THIS AGREEMENT, IN WHOLE OR IN PART, REGARDLESS OF CAUSE OR ANY CONCURRENT OR CONTRIBUTING FAULT OR NEGLIGENCE OF THE CITY, EXCEPT AS SPECIFICALLY ENUMERATED IN THIS PARAGRAPH 70. OWNER IS EXPRESSLY REQUIRED TO DEFEND THE CITY AGAINST ALL SUCH CLAIMS, AND THE CITY IS REQUIRED TO REASONABLY COOPERATE AND ASSIST OWNER IN PROVIDING SUCH DEFENSE; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT THAT BECOMES FINAL AND SANGER RANCII DEVELOPMENT AGREEMENT —Page 39 of 104 NON -APPEALABLE, DETERMINING THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (THE "JUDGMENT"), THEN OWNER IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY FOR EACH CAUSE(S) OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT THE CITY IS JOINTLY, CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, THE CITY AGREES TO REIMBURSE OWNER FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY OWNER THAT ARE ATTRIBUTABLE TO THE CITY'S PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY'S FEES AND EXPENSES, TO OWNER WITHIN ONE HUNDRED TWENTY (120) CALENDAR DAYS OF THE DATE OF THE JUDGMENT. (B� IN ITS SOLE DISCRETION, THE CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY OWNER IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY THE CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY THE CITY IN WRITING. THE CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, THE CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY THE CITY IS NOT TO BE CONSTRUED AS A WAIVER OF OWNER'S OBLIGATION TO DEFEND THE CITY OR AS A WAIVER OF OWNER'S OBLIGATION TO INDEMNIFY THE CITY PURSUANT TO THIS AGREEMENT. OWNER SHALL RETAIN CITY -APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF THE CITY'S WRITTEN NOTICE THAT THE CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF OWNER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, THE CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND OWNER SHALL BE LIABLE FOR ALL REASONABLE COSTS INCURRED BY THE CITY. (C� THE INDEMNITY REQUIREMENT SET FORTH IN THIS PARAGRAPH %� SHALL CONSTITUTE A COVENANT OF THE OWNER AS SET FORTH ABOVE FOR EACH PHASE OF DEVELOPMENT OF THE PROPERTY AND SHALL CONTINUE FOR FOUR (4) YEARS FOLLOWING THE CITY'S FINAL ACCEPTANCE OF EACH SUBJECT PHASE OF BANGER RANCH DEVELOPMENT AGREEMENT —Page 40 of 104 DEVELOPMENT OF THE PROPERTY AFTER WHICH THE INDEMNITY REQUIREMENT SHALL TERMINATE FOR THE CORRESPONDING PHASE. % l . VESTED RIGHTS/CHAPTER 245. EXCEPT AS OTHERWISE PROVH)ED FOR HEREIN, THE SIGNATORIES HERETO SHALL BE SUBJECT TO ALL ORDINANCES OF THE CITY, WHETHER NOW EXISTING, SUBSEQUENTLY AMENDED OR IN THE FUTURE ARISING. UNLESS SPECIFICALLY ENUMERATED HEREIN, THIS AGREEMENT SHALL CONFER NO VESTED RIGHTS ON THE PROPERTY, OR ANY PORTION THEREOF, THIS PARAGRAPH 71 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 72. Appropriation of Funds. Funds are not presently budgeted for City's performance under this Agreement, if any, beyond the end of City's 2007-2008 fiscal year. City will give Owner sixty (60) calendar days notice if funds for City's performance are not budgeted to continue beyond that time. City shall have no liability for tendering any funds after the end of the City's 2007-2008 fiscal year unless and until such funds are budgeted, but City recognizes that failure to budget such funds may constitute a default under this Agreement and Owner may pursue such remedies in the manner described under this Agreement. 73. Limitations of Agreement. The Parties hereto acknowledge that this Agreement is limited to the matters discussed herein. City ordinances are not affected by this Agreement unless specifically described herein. Further, this Agreement does not waive or limit any of the obligations of the Owner to the City under any other ordinance which is not specifically enumerated in this Agreement, whether now existing or in the future arising. CITY: CITY OF SANGER By: Mayor OWNER: LAND ADVISORS, LTD. a Texas limited partnership SANGER RANCH DEVELOPMENT AGREEMENT —Page 41 of 104 By: Land Advisors Management, a Texas limited liability company, its sole General Partner By: D. O. Tomlin, III President SANGER RANCH DEVELOPMENT AGREEMENT —Page 42 of 104 STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared the of the CITY OF SANGER, TEXAS, a municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the CITY OF SANGER, TEXAS and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 2008. Notary Public in and for the State of Texas My Commission Expires. STATE OF TEXAS § COUNTY OF § day of This instrument was acknowledged before me on 2008, by D. O. Tomlin, III, President of all Advisors Management, L.L.C., a Texas limited liability company, as Sole General Partner of Land Advisors, Ltd., a Texas limited partnership, on behalf of said partnership. Notary Public in and for T E X A S SANGER RANCH DEVELOPMENT AGREEMENT —Page 43 of 104 EXHIBIT "A" PROPERTY DESCRIPTION SANGER RANCH BEING a 1113.6910 acre tract of all. situated in the Reuben Bebee Survey, Abstract No. 29, Denton County, Texas, and being all of that certain called 660 acres, more or less, described to The Miller Family Trust by Partition Deed recorded in Volume 665, Page 765, Official Records A Denton County, Texas, and all of TRACTS ONE, TWO, THREE, and part of TRACT FOUR described to E.M.J. LANE, INC. by Cash Warranty Deed recorded in Volume 2055, Page 585, Deed Records, Denton County, Texas, and being more particularly described as follows. BEGINNING at a 2" iron pipe found for corner in the north line of McReynolds Road, at the southeast corner of said TRACT ONE, also the southwest corner of LAKE RIDGE ESTATES, PHASE I, an addition to the City of Sanger according to the plat thereof recorded in Cabinet V, Page 752, Plat Records, Denton County, Texas; THENCE N 89°59'20" W along the said north line of McReynolds Road, a distance of 441.54 feet to a 2" iron pipe found for corner at the southwest corner of said TRACT ONE, also the southeast corner of the aforementioned TRACT FOUR; THENCE N 89°38'03" W continuing along the said north line of McReynolds Road, a distance of 169.44 feet to a 1/2" iron rod with a plastic orange cap stamped "METROPLEX 3689" set for corner in the east line of Indian Trail (a Permanent Right -of --Way Easement described to Sanger Independent School District by that certain Agreement recorded in Volume 4763, Page 00023, Real Property Records, Denton County, Texas); THENCE departing the said north line of McReynolds Road and along the said east line of Indian Trail, the following: N 00010100" E a distance of 1922.01 feet to a 1/2" iron rod with a plastic orange cap stamped "METROPLEX 3689" set for corner; , N 0303004" E a distance of 200.36 feet to a 1/2" iron rod with a plastic orange can stamped "METROPLEX 3689" set for corner; N 00°10'00" E a distance of 25.00 feet to a 1/2" iron rod with a plastic orange can stamped "METROPLEX 3689" set for corner at the beginning of a curve to the left which has a central angle of 37°32'41", a radius of 550.00 feet, and a chord which bears N 18°36'21" W - 353.99 feet; With said curve to the left, an arc distance of 360.40 feet to a 1/2" iron rod with a plastic orange cap stamped "METROPLEX 3689" set for corner in the south line of that certain called 35.000 SANGER RANCH DEVELOPMENT AGREEMENT -Page 44 of 104 acre tract described to Sanger I.S.D. by Warranty Deed with Vendor's Lien recorded in Volume 1841, Page 662, Deed Records, Denton County, Texas; THENCE N 89035'39" E departing the aforementioned east line of Indian Trail and along the south line of said called 35.000 acre tract, a distance of 20.94 feet to a 1/2" iron rod found for corner at the southeast corner of said called 35.000 acre tract, also the southwest corner of the aforementioned TRACT TWO; THENCE N 00°34'41" E along the east line of said called 35.000 acre tract, common with the west line of said TRACT TWO, a distance of 2418.68 feet to a 2" metal fence post found for corner in the south line of FM 455; THENCE along the said south line of FM 455 the following: S 89°53'46" E a distance of 3839.20 feet to 2" metal post for corner at the northwest corner of the aforementioned Miller Family Trust tract; S 89°57'15" E a distance of 1177.95 feet to a TXDOT wooden R.O.W. marker; S 89°50'15" E a distance of 2086.95 feet to a TXDOT wooden R.O.W. marker at the beginning of a curve to the left which has a central angle of 02°25'51 a radius of 761.25 feet, and a chord which bears N 88056'49" E - 32.30 feet; With said curve to the left, an arc distance of 32.30 feet to a 1/2" iron rod found for corner in the middle of Union Hill Road, also the northwest corner of that certain called 11.000 acre tract described to Buster R. & Ruth E. Carter by Warranty Deed recorded under Document No. 2004- 56876, Official Records of Denton County, Texas; THENCE departing the said south line of FM 455 and along or with the middle of Union Hill Road, the following: S 00°24121" E a distance of 417.81 feet to a 1/2" iron rod found for corner at the southwest corner of said Carter tract; N 89°54'49" E with the south line of the following four tracts: said Carter Tract; the remainder of that certain called 79.131 acre tract described to U.S. Sparkman by deed recorded in Volume 527, Page 345, Deed Records, Denton County, Texas; that certain called 11.000 acre tract described to Dan A. and Kim B. Hall by Warranty Deed recorded under Document No. 2005- 57406; and that certain called 50.337 acre tract described to Sukhminder Maan and Jasvir Maan by Warranty Deed recorded under Document No. 2005-58831, Official Records of Denton County, Texas a distance of 3119.64 feet to a 1/2" iron rod set for corner; SANGER RANCH DEVELOPMENT AGREEMENT —Page 45 of 104 THENCE S 01037'14" E departing the south line of said Maan tract and the middle of Union Hill Road, at 20.40 feet passing a 6" wooden post at the northwest corner of that certain called 125.64 acre tract described to JED's Ranch, L.P. by Warranty Deed recorded under Document No. 2005- 134875, Official Records of Denton County, Texas, in all, a total distance of 2508.02 feet to a 1/2" iron rod found for corner at the southwest corner of said JED's Ranch tract, also the northwest corner of that certain called 99.55 acre tract described to Dorwin Lee Sargent by deed recorded in Volume 635, Page 296, Deed Records, Denton County, Texas (subsequently subdivided), also the northwest corner of that certain called 4.1747 acre tract described to Lloyd M. Lines & Mary E. Lines by Warranty Deed recorded under Document No. 93-0013719, Official Records of Denton County, Texas, THENCE S 03°03'32" E along the west line of the said subsequently subdivided Sargent tract, a distance of 1974.59 feet to a pk nail in shiner found for corner in the middle of McReynolds Road, from which a 1/2" iron rod found at the southwest corner of that certain called 1.572 acre tract described to Dennis Brown by Warranty Deed recorded under Document No. 2002- 0000906, Official Records of Denton County, Texas bears NO3°03'32"W - 27.14 feet; THENCE S 89°43'14" W along or near the middle of said McReynolds Road, a distance of 6658.33 feet to a pk in shiner found for corner; THENCE N 00043'21 " E a distance of 27.83 feet to a 5/8" iron rod found for corner at the southeast corner of the aforementioned Lane TRACT THREE in the north line of said McReynolds Road; THENCE S 89059'28" W along the said north line of McReynolds Road, a distance of 1792.00 feet to a capped iron rod found for corner said point being the southeast corner of said LAKE RIDGE ESTATES PHASE ONE tract; THENCE along the said LAKE RIDGE ESTATES PHASE ONE tract as follows: N 89054'43" W continuing along said north line of McReynolds Road, a distance of 441.28 feet to a capped iron rod found for corner; S 00022'49" W to the centerline of McReynolds Road, a distance of 14.36 feet to a capped iron rod found for corner; N 89032'05" W continuing along the centerline of McReynolds Road, a distance of 640.73 feet to a capped iron rod found for corner; N 00°24'52" W leaving said McReynolds Road, a distance of 42.95 feet to a capped iron rod found for corner, said point being the beginning of a curve to the right which has a central angle of 30°47'38", a radius of 35.01 feet, and a chord which bears N 14°58'57" E —18.59 feet; BANGER RANCH DEVELOPMENT AGREEMENT —Page 46 of 104 With said curve to the right, an arc distance of 18.82 feet to a capped iron rod found for corner; N 29°0836 E a distance of 351.86 feet to a capped iron rod found for corner, N 23°5355 E a distance of 175.02 feet to a capped iron rod found for corner said point being the beginning of a curve to the left which has a central angle of 23°22'58", a radius of 110.81 Feet, and a chord which bears N 12°12'26" E — 44.91 feet; With said curve to the left, an arc distance of 45.22 feet to a capped iron rod found for corner; N 00°25'40" E a distance of 246.45 feet to a capped iron rod found for corner; S 89°33'06" E a distance of 12.97 feet to a capped iron rod found for corner; N 00°18'48" E a distance of 49.91 feet to a capped iron rod found for corner; S 89°13'S1" E a distance of 27.03 feet to a capped iron rod found for corner; N 00°21'S2" E a distance of 686.38 feet to a capped iron rod found for corner; N 89°57'47" W a distance of 73.88 feet to a capped iron rod found for corner; N 00°00'S0" E a distance of 159.87 feet to a capped iron rod found for corner; N 89°55'42" W a distance of 189.15 feet to a capped iron rod found for corner; N 62°37'21" W a distance of 45.69 feet to a capped iron rod found for corner; S 27023148" W a distance of 27.82 feet to a capped iron rod found for corner said point being the beginning of a curve to the left which has a central angle of 11 °2908, a radius of 486.85 feet, and a chord which bears S 21°39'14" W — 97.43 feet; With said curve to the left, an arc distance of 97.59 feet to a capped iron rod found for corner; N 75029116" W a distance of 184.61 feet to a capped iron rod found for corner; S 27036'10" W a distance of 17.76 feet to a capped iron rod found for corner said point being on the east line of said TRACT ONE tract; THENCE S 00022'29" W along the west line of said called 76.19 acre tract and the west line of the aforementioned LAKE RIDGE ESTATES, PHASE I, a distance of 1640.68 feet to the POINT OF BEGINNING and containing 1113.6910 acres of land, more or less. BANGER RANCH DEVELOPMENT AGREEMENT —Page 47 of 104 SANGER RANCH DEVELOPMENT AGREEMENT —Page 48 of 104 EXHIBIT "ID CONCEPTUAL DEVELOPMENT PLAN SANGER RANCH DEVELOPMENT AGREEMENT —Page 49 of 104 EXHIBIT "C" CITY OF SANGER, TEXAS ORDINANCE # 01-03-OS AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CONSENTING TO THE CREATION OF A POLITICAL SUBDIVISION WITHIN THE CITY'S CORPORATE LIMITS; PROVIDING FINDINGS OF FACT; PROVIDING FOR A SEVERABILITY CLAUSE AND A SAVINGS CLAUSE; REPEALING ALL CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sanger, Texas (the "City") has entered into a Development Agreement (the "Development Agreement") with Land Advisors, Ltd. (the "Owner"), dated effective as of January 24, 2008; and WHEREAS, on , 2007, the City annexed approximately 1,133.69 acres of land owned by Owner ("Owner's Land") into the corporate limits of the City; and WHEREAS, the City has received a "Petition for Consent to Creation of Political Subdivision in Corporate Limits " dated January 24, 2008, a copy of which is attached hereto as Exhibit "A" (the "Petition") from the Owner, seeking the creation of a political subdivision, one purpose of which is to supply fresh water or to furnish wastewater services, roadways, or drainage, to include all of Owner's Land within its boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. All of the above premises are true and correct findings of the City Council of the City and they are hereby approved and incorporated into this Ordinance as if copied in their entirety. SECTION 2. That the City Council of the City hereby approves the Petition and grants its consent to and permission for the creation of a conservation and reclamation district pursuant to Article XVI, Section 59 of the Texas Constitution, that may be organized under Chapter 51, Chapter 53 or Chapter 54, Texas Water Code, or by special act of the Legislature of the State of Texas (the "District"), which District is more fully described by field notes description attached to Exhibit "A", and the Mayor is hereby authorized to execute any documents which the Mayor believes necessary to effectuate this Ordinance. This Ordinance constitutes the consent of the City to the creation and future annexations of the District, as well as any new district resulting From the division of the District, as may be permitted by law. Provided, however, any such resulting district must be located wholly within the boundaries of the District as described in SANGER RANCH DEVELOPMENT AGREEMENT —Page 50 of 104 Exhibit "A" hereto or as such original boundaries may be subsequently expanded as permitted by the terms of this Ordinance. SECTION 3. That as a condition of the consent given by the City herein, the District shall be subject to the following terms and provisions: (a) The District shall construct all facilities in accordance with plans and specifications which have been approved by the City. (b) The City shall have the right to inspect all facilities being constructed by the District. (c) The District may only issue bonds for the purchase, construction, acquisition, ownership, maintenance, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to accomplish the purposes for which it was created, which may include the following: (i) Provide a water supply for municipal uses, domestic uses and commercial purposes; (ii) Collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state, (iii) Gather, conduct, divert and control local storm water or other local harmful excesses of water within the District; (iv) Provide roads and improvements as permitted to road districts under Chapter 25 7, Transportation Code, subject to the applicable limitations of Section 53.029, Water Code; (v) Provide a fire department; (vi) Develop and maintain recreational facilities for residents, subject to the applicable limitations of Section 49.464, Water Code; (vii) Fulfill any other purpose or function of the District authorized by the Water Code; and (viii) Provide payment of organizational, administrative, and operating costs during creation and construction periods and interest during construction, subject to the applicable limitations of Section 49.155, Water Code. BANGER RANCH DEVELOPMENT AGREEMENT —Page 51 of 104 (d) The City shall be entitled to injunctive relief or a writ of mandamus issued by a court of competent jurisdiction restraining, compelling or requiring the District and its officials to observe and comply with the terms and provisions prescribed by this Ordinance. SECTION 4. That the City Council of the City further requires that the District include a statement in the form required under Section 49.455, Texas Water Code, that the District is located wholly within the corporate limits of the City; and that the taxpayers of the District are subject to the taxes imposed by the City and by the District until the District is dissolved. SECTION 5. This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Sanger, and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. SECTION 6. All Ordinances of the City of Sanger shall remain in full force and effect, save as amended herein or by the Development Agreement. SECTION 7. It is the intent of the City Council that each paragraph, sentence, subdivision, clause, phrase or section of this Ordinance be deemed severable, and should such paragraph, sentence, subdivision, clause, phrase or section be declared invalid or unconstitutional for any reason, such declaration or invalidity or unconstitutionality shall not be construed to affect the validity of those provisions of this Ordinance left standing, or the validity of any other Ordinances of the City of Sanger. SECTION 8. This Ordinance shall take effect and shall be in full force from and after its adoption and publication as provided by law. PASSED AND ADOPTED by the City Council of the City of Sanger, Texas, this day of , 2008. THE CITY OF SANGER, TEXAS Mayor SANGER RANCH DEVELOPMENT AGREEMENT —Page 52 of 104 ATTEST: City Secretary APPROVED AS TO FORM: City Attorney SANGER RANCH DEVELOPMENT AGREEMENT —Page 53 of 104 Exhibit "C-1" PETITION FOR CONSENT TO CREATION OF POLITICAL SUBDIVISION IN CORPORATE LIMITS SANGER RANCH DEVELOPMENT AGREEMENT —Page 54 of 104 EXHIBIT "D" JOINDER AGREEMENT THIS JOINDER AGREEMENT (the "Joinder Agreement"), dated as of 200, is executed by the District No. (the "Original District"), in connection with that certain Development Agreement (the "Development Agreement") entered into between the City of Sanger, Texas ("City"), and Land Advisors, Ltd., ("Owner"), dated effective as of , 2008. Capitalized terms used herein but not otherwise defined herein shall have the definitions provided in the Development Agreement. In accordance with Paragraph 9 of the Development Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, the Original District executes this Joinder Agreement in order to become a Party to the Development Agreement. Accordingly, the Original District hereby agrees as follows with City and Owner: 1. The Original District acknowledges and confirms that it has received a copy of the Development Agreement and the schedules and exhibits thereto. 2. The Original District hereby acknowledges, agrees, and confirms that, by its execution of this Joinder Agreement, the Original District shall be deemed to be a Party to the Development Agreement, and shall have all of the obligations of the Original District thereunder as if it had executed the Development Agreement. The Original District hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the Development Agreement applicable to it to the same effect as if it were an original Party thereto. 3. This Joinder Agreement maybe executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute one agreement. 4. This Joinder Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Texas, and exclusive venue shall lie in Denton County, Texas. IN WITNESS WHEREOF, the Original District has caused this Joinder Agreement to be duly executed by its authorized officer as of the day and year first above written. District No. SANGER RANCH DEVELOPMENT AGREEMENT —Page 55 of 104 By: _ Name: _ Title: _ Address: ATTEST: By: Name: Title: Address: SANGER RANCH DEVELOPMENT AGREEMENT —Page 56 of 104 EXHIBIT "E" LEGAL DESCRIPTION OF ANNEXATION TRACT PROPERTY DESCRIPTION BEING a 125.7238 acre tract of land situated in the J. Morton Survey, Abstract No. 792, Denton County, Texas, and being all of that certain called 125.64 acre tract described to JED's Ranch, L.P. by Warranty Deed recorded under County Clerk Document No. 2005434875, Official Records of Denton County, and being more particularly described as follows: BEGINNING at a capped %2" iron rod stamped "METROPLEX 1849" found for corner at the northeast corner of LOT 1, BLOCK A. SLATER ADDITION, an addition to Denton County according to the Final Plat thereof recorded in Cabinet V, Page 478, Plat Records, Denton County, Texas, also the southeast corner of said 125.64 acre tract, in the west line of F.M. Road 2164 (120' R.O.W.); THENCE S 88°26'49" W departing the west line of said F.M. 2164, and along the north line of said LOT 1 and the north lines of the following six tracts: 1) called 3.826 acres described to Alice Jean George by Final Decree of Divorce recorded under County Clerk Instrument No. 1004-161401; 2) called 1.956 acres described to Wm. J. MacKenzie & Susan M. Sons by Warranty Deed recorded in Volume 1012, Page 524, Deed Records, Denton County, Texas; 3) called 1.98 acres described to Randale L. Davis by Warranty Deed recorded under County Clerk Document No. 99-R0043527; 4) called 2.0123 acres described to Randy Lee Sherman by Owelty of Partition Deed recorded under County Clerk Document No. 00-R0052572; 5) called 2.0432 acres described to Randy Lee Sherman by Owelty of Partition Deed recorded under County Clerk Document No. OO-R0052572; 6) called 4.1747 acres described to Lloyd M. Lines & Mary E. Lines by Warranty Deed recorded under County Clerk Document No. 93-R0013719, in all, a total distance of 2202.70 feet to a %2" iron rod found for corner at the northwest corner of said Lines tract, also the southwest corner of the aforementioned 125.64 acre tract, in the east line of that certain called 660 acre tract described to The Miller Family Trust by deed recorded in Volume 665, Page 765, Deed Records, Denton County, Texas; THENCE N Ol °37' 14" W along the east line of said Miller tract, with a barb wire fence, a distance of 2487.62 feet to a 6" wooden post found for corner at the northwest corner of said 125.64 acre tract, in the south line of Union Hill Road, from which a %2" iron rod in the middle of said Union Hill Road bears NO1 °37' 14"W — 20.40 feet; THENCE N 87033'48" E along the north line of said 125.64 acre tract, with the south line of said Union Hill Road, a distance of 2054.85 feet to a concrete R.O.W. marker found for corner in the southwest line of F.M. Road 455; SANGER RANCH DEVELOPMENT AGREEMENT —Page 57 of 104 THENCE S 43050'03" E along the southwest line of said F.M. 455, a distance of 173.73 feet to a concrete R.O.W. marker found for corner in the aforementioned west line of F.M. 2164; THENCE along the west line of said F.M. 2164 the following: S 02°34'06" E a distance %J 2190.13 feet to a concrete R.O.W. marker found for corner; S 00°50'42" W at a 6.6 feet passing a wood R.O.W. marker and continuing, in all, a total of distance of 109.68 feet; S Ol°30'30"Eat 28.0 feet passing a wood R.O.W. marker and continuing, in all, a total distance of 91.40 feet to the POINT OF BEGINNING and containing 5,476,531 square feet or 125.7238 acres of land, more or less. BANGER RANCH DEVELOPMENT AGREEMENT —Page 58 of 104 EXHIBIT CHAPTER 10, SECTIONS 5 AND 6 OF SANGER CODE OF ORDINANCES SANGER RANCH DEVELOPMENT AGREEMENT —Page 59 of 104 "SECTION 5: GENERAL PLAT REQUIREMENTS All requirements pertaining to lot size, yard size, dwelling size, lot coverage, height, parking, loading and screening contained in the current zoning ordinance of the city shall be adhered to for development under this ordinance. S.Ol -Streets A. The arrangement, character, extent, width, grade and location of all proposed streets shall conform to the general plan of the community, and their relationship shall be considered to that Athe existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. B. The reservation in private ownership of strips of land, at the end of offered or existing streets intended solely or primarily for the purpose of controlling access to property not included in the subdivision shall be prohibited. C. Where such is not shown in the general plan for the community, the arrangement of streets in a subdivision shall: (1) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; (2) Conform to a plan for the neighborhood approved or adopted by the city to meet a particular situation where topographical or other conditions make continuation of or conformance to an existing street impracticable; and (3) Be planned so that they shall intersect, as nearly as possible, at right angles. D. Residential streets shall be aligned so that their use by through traffic is discouraged. E. In phased developments, streets which are continuous through more than a single phase shall be provided with temporary turnarounds (at the point of temporary termination) until the street is fully constructed per the original approved plan. F. Developers shall be required to coordinate all planning and engineering work with all adjacent property owners/developers. G. Street jogs with centerline offsets of less than one hundred twenty-five feet (125) shall be avoided. SANGER RANCH DEVELOPMENT AGREEMENT —Page 60 of 104 H. The street minimum right-of-way widths and centerline radius shall be in accordance with the city's thoroughfare plan and shall conform to the following. Type of Street Minimum Minimum Intersection Ri t-of-WaX Centerline Width Radii FW Freeway 200 feet Varies varies NU Principal Arterial Four Lane Undivided 100 feet 150' 1,000 feet 85' P3U Principal Arterial Three Lane Undivided 75 feet 1,000 feet 90' M4U Minor Arterial Four Lane Undivided 80 feet 1,000 feet 75' C2U Collector Two Lane Undivided 60 feet 500 feet 70' R2U Residential/Local Two Lane Undivided 50 feet 250 feet I. Streets shall be classified according to the following: 1. Arterial (Principal, Minor): The main function of arterial is to carry traffic from one urban area to another. The thoroughfare system serves the major activity centers of urbanized areas. An arterial is used for longer urban trips and carries a high portion of the total traffic with a minimum of mileage. 2. Collector: Carries traffic from local streets to Arterial. Also may serve local facilities such as schools, churches. Uses served would include medium and high density residential, limited commercial facilities, elementary schools, some small offices and as direct access within industrial parks. Collector streets also carry heavy traffic to major commercial and industrial facilities from thoroughfare. Uses would include office parks, industrial parks, and community level commercial facilities. 3. Residential/Local: Carries traffic from residential and commercial areas to collector streets and interconnects individual sites. Local streets carry light traffic volumes and trips are of a short duration. J. Street widths proposed for industrial subdivisions or commercial developments shall be not less than that required for a Collector. K. Half streets shall be prohibited, except where there is no alternative for reasonable development of the subdivision in conformance with the other requirements of these SANGER RANCH DEVELOPMENT AGREEMENT —Page 61 of 104 regulations and where the city finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street has already been provided adjacent to an area to be subdivided, the other remaining portion of the street shall be platted within such subdivision. Where part of a residential or collector street is being dedicated along a common property line, the first dedication shall be one-half (1/2) of the proposed street right -of --way plus five feet (5') unless a construction easement on the adjoining parcel has been obtained, and the developer shall construct the half street or place in escrow cash for the estimated half -paving cost as determined by the city council. L. Cul-de-sacs in residential additions shall not be longer than six hundred feet (600') from the nearest intersection, except under unusual conditions with the approval of the city council, and there shall be provided at the closed -end a turnaround having a minimum outside roadway diameter of eighty-one feet (8l'). In industrial areas, cul-de-sacs shall not exceed one thousand feet (1,000') from the nearest intersecting street, and there shall be provided at the closed -end a turnaround having a minimum outside roadway diameter of one hundred feet (100') and a minimum street property line diameter of one hundred feet (100'). Alternate turnaround designs in residential tract developments which provide adequate turnaround area may be considered or approved by the city. M. All streets shall be paved, and paving shall conform to the requirements of Section 6, Improvements, of these regulations. N. Street grades shall be established regarding topography, proposed land -use and the facilities in the area surrounding the land to be subdivided. Minimum grades shall be five - tenths percent (0.50%) on concrete streets and five -tenths percent (0.50%) on all other types of street paving. Cross (transverse) slopes between pavement and the right -of --way shall not be less than 100* 1 or steeper than 3 a l . Where necessary, additional right -of --way or slope easement shall be provided to meet this requirement. O. Street name markers shall be installed in accordance with the prescribed type currently in use by the city or an approved equal, as approved by the city manager. Street markers and erections will be at the expense of the subdivider. P. The materials for all traffic control and regulatory signs shall be furnished by the subdivider and installed by the city for all intersections within or abutting the subdivision. Such signs shall be in strict compliance with the regulations of the Federal Highway Administration and according to the requirements of the Manual on Uniform Traffic Control Devices, latest edition. No signs will be placed in undeveloped portions of the subdivision. Q. The subdivider shall comply with the guidelines and criteria for driveways, including the design requirements, grades, spacing, and access standards as provided by the city's thoroughfare plan. BANGER RANCH DEVELOPMENT AGREEMENT —Page 62 of 104 R. If a proposed development is projected to generate a lesser traffic volume than would normally require roadways as specified in the master thoroughfare plan, the developer may install a "minimum acceptable alternative" approved by the City. The full right -of --way and pavement thickness is unchanged. Only the outside two (2) lanes would be paved in this situation. The city must approve the use of this option. 5.02 -Alleys A. Alleys are not required, except where the City has determined that one is necessary for adequate service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed. B. All Alleys shall be paved with reinforced concrete, and the paving shall conform to Section 6, Improvements, of these regulations. C. All Alleys must be privately maintained by the Home Owner's Association or other entity. D. The minimum width of any alley shall be twenty feet (20') in industrial and commercial areas and fifteen feet (15') in residential areas. E. Alley intersections, sudden changes in alignment, and dead —end alleys shall be avoided. F. Residential driveway and alley pavement cuts must be approved by the City Engineer onto loop and major thoroughfares. Alleys on frontage roads shall be provided along side and rear lot lines which front on loop and major thoroughfares for rear entrance. 5.03 —Gated Community/Private Streets A. Private streets in Gated Communities shall conform to the same standards regulating the design and construction of public streets. A Gated Community will only be permitted in a Planned Development (PD) Zoning District. B. Any gate installation must conform to the following provisions: a. All gate installations must be approved by the City prior to installation. The installation must be completed and tested prior to the City's acceptance of the subdivision. b. Gate design may incorporate one or two gate sections to meet the required minimum gate width of twenty-four feet (24'). If the entrance will incorporate a median, guard shack or similar structure that necessitates a divided gate arrangement, the gate widths may be reduced if approved by the BANGER RANCH DEVELOPMENT AGREEMENT —Page 63 of 104 City, but in no case shall any single gate or street pavement have a clear opening of less than twenty (20) feet. c. Approach and departure areas on both sides of a gated entrance must provide adequate setbacks and proper alignment to allow free and unimpeded passage of emergency vehicles through the entrance area. All entry gates must be setback a minimum of 100 ft from any adjacent public street right-of-way to allow for vehicle stacking out of the public travel lanes. Any exception must be approved by the City. d. Automatic gate installations must conform to the design and performance guidelines established by the Fire Chief and Directors of Transportation and Public Works. e. All components of the gate system must be maintained in an approved - operating condition, with all components serviced and maintained on a regular basis as needed to insure proper gate operation. A proper power supply shall be maintained to all electrical and electronic components at all times. f. Each security gate regulated under this section will be subject to a performance test as determined by either the Fire Chief or Public Works or a designated City Official. Upon failure of a performance test, the security gate system shall be disabled and maintained in the open position until repaired, and shall not be placed back in service until tested and authorized by the City. g. All streets, gates and other fire protection features, signage, and equipment are subject to periodic inspection by the City and must be repaired immediately if found to be in condition of disrepair. The City shall have the right to enter the subdivision and disable, open, or remove any gate, device, or other feature that impedes or controls vehicle access at the sole expense of the Homeowner's Association. Emergency repairs shall be assessed against the Homeowner's Association. h. The person or corporation in control of the property is responsible for, and liable for any violations of this section. This includes, but is not limited to, the developer, property owner, the Homeowner's Association and its officers, if applicable, or other who may own or exercise control over the property. C. Property Associations Required —Subdivisions developed with private streets or alleys must have a mandatory property owners association which includes all property served by private streets or alleys. The association shall own and be responsible for the maintenance of private streets, parks and other Homeowner Association appurtenances. The association documents shall be reviewed by the City Attorney and subject to approval by the City to ensure that they conform to this and other applicable City ordinances and concerns. The documents shall be filed of record prior to the approval of the final plat. Lot deeds may not be dissolved without the prior written consent of the City. No portion of the association documents pertaining to the maintenance of the private streets and alleys and assessments therefore may be amended without the written consent of the City. SANGER RANCH DEVELOPMENT AGREEMENT —Page 64 of 104 D. Private Street Lot — Private streets and alleys must be constructed within a separate lot owned by the property owners association. This lot must conform to the City's standards for Public Street and alley right-ofoway. An easement covering the street lot shall be granted to the City providing unrestricted use of the property for utilities and storm drainage systems and the maintenance of same. This right shall extend to all utility providers including telecable companies, operating within the City. The easement shall also provide the City or it's contractors with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement, trash collection or utility maintenance. The easement shall permit the City to remove any vehicle or obstacle within the street lot that impairs emergency access. E. Construction and Maintenance Cost —The City shall not pay for any portion of the cost of construction or maintaining a private street. The Homeowners Association shall maintain an escrow account as approved by the City for all road maintenance. G. City Utilities —Water, sewer and drainage facilities placed within the private street and alley lot shall be installed to City standards and dedicated to the City as part of the approval of the final plat. All City regulations relating to infrastructure, financing, developer cost participation and capital cost recovery shall apply to developments with private streets with the exception of those applying to internal street construction. a. Street lights and signs shall be installed and maintained by the homeowners association subject to approval by the City. b. The property association documents shall give the City the right, after giving written notice to perform maintenance upon streets and alleys to protect health, safety and welfare of the residents and to place a lien upon the lots within the association to recover the cost of such maintenance. H. Plans and Inspections -Developments proposed with private streets must submit to the City the same plans and engineering information required to construct public streets and utilities. Requirements pertaining to inspection and approval of improvements prior to issuance of building permits shall apply. Inspection Fees charged for these services shall also apply. The City may periodically inspect private streets and require repairs necessary to ensure emergency access. I. Waiver of Services -The subdivision final plat, property deeds and property owners association documents shall note that certain City services shall not be provided on private streets. Among the services which will not be provided are: routine police patrols, street lighting, enforcement of traffic and parking ordinances and preparation of accident SANGER RANCH DEVELOPMENT AGREEMENT —Page 65 of 104 reports. All private traffic regulatory signs shall conform to the Texas Manual of Uniform Traffic Control Devices. Depending on the characteristics of the proposed development other services may not be provided. J. Petition to Convert to Public Streets —The property association documents shall allow the association to request the City accept private streets and alleys and the associated property as public streets and right-of-way upon written notice to all association members and the favorable vote of 75% of the membership. However, in no event shall the City be obligated to accept said streets and alleys as public. Should the City elect to accept the streets and alleys as public, the City may inspect the private streets and assess the lot owners for the expense of needed repairs concurrent with the City's acceptance of the street and alleys. The City will be the sole judge of whether repairs are needed. The City may also require, at the association's expense, the removal of guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot. The association document shall provide for the City's right to such assessment. Those portions of the association documents pertaining to the subject matter contained in this paragraph shall not be amended without the written consent of the City. K. Hold Harmless — On the subdivision final plat shall be language whereby the property owners association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, any governmental entity and public utility for damages to the private street occasioned by the reasonable use of the private street by the City, governmental entity or public utility, for damages and injury (including death) arising from the condition of said private street; for damages and injury (including death) arising out of the use by the City, governmental entity or public utility of any restricted access gate or entrance; and for damages and injury (including death) arising out of any use of the subdivision by the City, governmental entity or public entity. Further, such language shall provide that all the owners of all lots shall release the City, governmental entities and public utilities for such damages and injuries. The indemnifications contained in this paragraph apply regardless of whether or not such damages and injury (including death) are caused by the negligent act or omission of the City, governmental entity or public utility, or their representative officers, employees or agents. L. Sidewalks and Bikeways a. Sidewalks —Sidewalks shall be constructed in accordance with City standards for all lots adjoining dedicated streets, along major thoroughfares where lots do not adjoin the street or in other areas as required by the City. Sidewalk construction may be delayed until development of lots, but in locations not adjacent to lots and across bridges and culverts, the sidewalk shall be constructed with the other SANGER RANCH DEVELOPMENT AGREEMENT —Page 66 of 104 improvements to the subdivision or addition. Exceptions to this section must be approved by the City. b. Pedestrian Accesses — The City may require, in order to facilitate Pedestrian access from the streets to schools, parks, playgrounds, or other nearby streets, perpetual unobstructed easements at least fifteen (15) feet in width. Easements will be indicated on the plat. c. Bikeways — Hike and bike sidewalks, designed and located according to City standards, shall be constructed along streets designated for hike and bike trails. Such sidewalks shall be built by the owner at the time of site development. M. Drainage and Storm Sewers a. General Requirements —All plats shall conform to the City's standards for drainage facilities. b. Design of Facilities — Design of storm sewer systems shall be in accordance with City standards. Materials and construction shall conform to the Standard Specifications. N. Secondary Access All gated subdivisions shall provide a secondary access point accessible by means approved by the City and the Fire Marshal for emergency services unless specifically exempted by the City. O. Federal requirements The Post Office requires 7-day access for mail delivery. If a security gate or fencing is used, a key keeper box with retractable key reel that will accommodate a post office arrow lock and/or the device (mechanical/electronic) needed to gain access into complex, must be installed next to the door or gate that the carrier uses to enter the complex. (Systems that use a key board to punch in codes, in most cases, will accept a post office arrow lock in the control panel). Note: Carriers must not carry keys, written codes, electronic openers or badges for entrance into buildings or complex. S. 04 -Lots SANGER RANCH DEVELOPMENT AGREEMENT —Page 6'1 of 104 E A. Lot size: The size or area of the lot shall be measured in square feet, and shall conform to the zoning requirements for the area. B. Corner lots: Corner lots with a width of less than seventy-five feet (75') are to be at least five feet (5') wider than the average of interior lots in the block. Corner lots with a width of less than eighty-five feet (85') adjacent to a thoroughfare are to be at least fifteen feet (15') wider than the average of interior lots in the block. C. Lot shape: Lots should be rectangular where practicable. Sharp angles between lot lines should be avoided. The ratio of depth to width should not ordinarily exceed two and one- half to one (2 1 /2 : 1). D. Lot facing: (1) Each lot shall be provided with adequate access to an existing or proposed street by frontage on such street. Residential lots shall front on residential class streets, (2) Double frontage lots are prohibited except where the lot has rear frontage on thoroughfares; and (3) Wherever feasible, each lot should face the front of a similar lot across the street. In general, an arrangement placing facing lots at right angles to each other should be avoided. E. Lot lines: Radial to street frontage, and the following note may be used on the plat in lieu of bearings: "All side lot lines are perpendicular or radial to street frontage unless otherwise noted." F. Lot numbering: All lots are to be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat. G. Lot rg ailing: Finished grade for the building site will be not less than six inches (6") above the top of the curb grade or alley pavement or two feet (2') above the adjacent base flood elevation as defined by the Federal Emergency Management Agency, whichever is greater. In any case, the property line grades adjacent to the street should not be below the top of curb grade. H. Exceptions: Plats involving cluster developments or zero -lot lines shall be reviewed by the city on a case -by -case basis. 5ANGER RANCH DEVELOPMENT AGREEMENT —Page 68 of 104 5.05 - Easements A. Use: Where necessary to provide access for the purposes of maintenance, construction or other service, easements shall be provided for poles, wires, conduits, storm sewers, sanitary sewers, water lines, open drainage, floodplains, gas lines or other utilities. Such easements may be required across parts of lots, including rear and side lot lines, where alleys are not provided. B. Size: Where possible, easements shall be provided fully located upon one (1) lot and shall be not less than fifteen feet (15') in width. Where such is not feasible, easements shall be not less than seven and one-half feet (74/2') on each side of the lot line. Where overhead utility service on poles is allowed, an additional easement of five feet (5') on each side shall be provided. The full width of easements shall not be less than twenty-five feet (25')• Where a subdivision is bounded by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such water course, or of such width to provide for any future anticipated construction, plus a minimum to ten feet (10') on each side. C. Where required by the city, emergency access easements shall have: (1) a clear, unobstructed width of twenty-four feet (24'); (2) an all-weather surface constructed and maintained by the owner; (3) a connection at each end to a dedicated public street or have a turnaround of suitable size at the dead-end; and (4) appropriate turning space at inside corners to permit free movement of fire trucks. An emergency access easement may be used as a driveway to gain access to parking or loading spaces, but shall not be used for parking. The limits of the easement shall be marked by the city, and the marking shall be maintained by the city. 5.06 -Blocks A. The lengths, widths and shapes of blocks shall be determined with regard to the following items: (1) Provision of adequate building sites suitable to the special needs of the type of use proposed; (2) Zoning requirements as to lot sizes and dimensions; (3) Needs for convenient access, circulation, control and safety of traffic; and (4) Limitations of topography. SANGER RANCH DEVELOPMENT AGREEMENT —Page 69 of 104 B. Where no existing subdivision controls, the blocks shall not exceed one thousand feet (1,000) in length nor be less than five hundred feet (500') in length, except in certain instances where topographical features warrant special consideration. These limits shall be exceeded only upon specific approval by the city. Blocks longer than six hundred feet (600') shall be avoided in business districts. C. Blocks are to be numbered or lettered consecutively within the overall plat and/or section of an overall plat, as recorded. 5.07 -HUD-Code Manufactured Home Park A. Location (1) Mobile homes/Mobile home parks are prohibited within the City limits of the City of Sanger. (2) HUD Code Manufactured Homes may only be located in the appropriate zoning districts as permitted in Chapter 14 of this code. B. Platting HUD Code Manufactured Home Parks are governed by the same requirements for all other subdivisions. Both preliminary and final plats will be required and both will be subject to the specifications of Sections 4.03 and 4.04 of this document, respectively. C. Streets Each HUD Code Manufactured Home Park must abut a public street and provide access there from. Each lot/unit may only be accessed from a private interior street. Minimum pavement widths of interior streets shall be twenty feet (20') to allow for emergency vehicle and trash removal access, and shall have a nine foot (9') parking lane on one side of the street, and a marked fire lane. All streets must be maintained by the park owner. D. Screening Each HUD Code Manufactured Home park must include alandscaping/screening plan to buffer the park from adjoining land uses. (This plan must receive approval from the city engineer.) A landscaped strip of not less than ten feet (10') in width shall be established and maintained within the park's property along the exterior boundaries. Fencing and other materials must also be used as approved by the city engineer. BANGER RANCH DEVELOPMENT AGREEMENT —Page 70 of 104 E. Utilities A Master water meter and backflow prevention device shall be installed at the connection to the public water main, The water and sewer lines in each HUD Code Manufactured Home Park must remain private and will be maintained by the park owner. The park owner is responsible for the entire water and sewer usage fees and individual lots will not be billed by the City. F. Prohibited Use No HUD Code Manufactured Home for the purpose of residential living shall be located outside an approved HUD Code Manufactured Home park. HUD Code Manufactured Homes in approved parks must be used for no other purpose than residential, and will be allowed only as a temporary residence during home construction, as a construction/security office, or as a temporary business site if the permanent building is being rebuilt/rehabilitated. These temporary uses must not exceed one (1) year. Extensions may be granted by the city upon proof of extreme hardship. These regulations shall not apply to manufactured housing. G. Additional Requirements All other sections of this document shall apply as appropriate to HUD Code Manufactured Home parks. The city council may also impose additional conditions, requirements or limitations concerning the design, development and/or operation of said park as it deems necessary for the protection and general welfare of adjacent properties and the public interest. H. Filing Fees Refer to Section 7, Filing Fees and Charges, of this document. S.O8 -Survey Monuments and Lot Markers A. Permanent Survey Reference Monuments A concrete monument, six inches (6") in diameter and twenty-four inches (24") long, shall be placed on all boundary corners, block corners, curve points and angle points. A copper pin one- fourth inch (1/4") in diameter embedded at least three inches (Y) in the monument shall be placed at the exact intersection point on the monument. The monuments shall be set at such an elevation that will not be disturbed during construction, and the top of the monument shall be not less than twelve inches (12") below the finished grade of the development. Be Lot Markers. BANGER RANCH DEVELOPMENT AGREEMENT —Page 71 of 104 Lot markers shall be one-half inch (1/2") reinforcing bar, eighteen inches (18") long, or approved equal, and shall be placed at all lot corners flush with the ground, or below ground, if necessary, in order to avoid being disturbed. C. Schedule for Placement At the developer's option, permanent monuments and lot markers may be placed before or Following construction of on -site improvements. If installed prior to construction, the final plat of the subdivision will be filed for record as set forth in Section 4 of these regulations. If installed Following construction of improvements, the plat will be held for filing until, and the certificates A occupancy will be issued when the monuments and markers are set (see Section 6.13 Surveyor's Certificate). SECTION 6: IMPROVEMENTS 6.01-Standard Specif cations and Construction Details All improvements proposed for any subdivision to be developed under the jurisdiction of these ordinances shall be furnished and installed by the subdivider in accordance with the applicable divisions of the North Central Texas Council of Governments (NCTCOG) standard Specifications For Public Works Construction, as adopted by the city and the other applicable specifications noted herein, or in the absence of such specifications and details, to meet the approval of the city. References are made herein to specific divisions, items and sections of the NCTCOG standard specifications, and it is not intended to preclude other portions of the NCTCOG standard specifications that may be appropriate and applicable to the development of a subdivision. Therefore, by reference to the fact that the city has adopted the NCTCOG standard Specifications for Public Works Construction, the NCTCOG Standard specifications, latest edition, are to be considered a part of this ordinance. All improvements, even in previously approved but still unimproved subdivisions, or in resubdivided tracts, shall conform to the city's current regulations and specifications for street, drainage and utility construction. Where reference is made within these regulations to the standard specifications, it shall be understood that the word "owner" is to be interpreted as the developer or subdivider and the words "engineer," "inspector," and "owner's representative" are to be interpreted as the developer's engineer. Where the standard specifications allow options not specifically addressed SANGER RANCH DEVELOPMENT AGREEMENT —Page 72 of 104 by these regulations, the developer's engineer shall request guidance from the city engineer in writing. 6.02 -Street Paving -Concrete A. Concrete Strength Requirements (1) Concrete Curb and Gutter Concrete curb and gutter shall be constructed thirty inches (30") in width and in accordance with Division 8, Item 8.2, of the Standard Specifications. (2) Reinforced Concrete Pavements and Monolithic Curb Refer to Standard Specifications, Division 5, Item 5.8 B. Pavement Thickness Requirements (1) Residential Street and Alley Construction The subdivider shall, at his own cost and expense, pay for constructing all residential streets and alleys within his subdivision and one-half (1/2) of all existing and/or proposed perimeter streets. Monies for the construction of the one-half (1 /2) street shall be placed in an escrow account if the construction of the street is to be deferred to a later date. A six inch (6") thickness of three thousand (3,000) p.s.i. reinforced concrete pavement on a compacted sub -base shall be required. Said six inch (6") thickness will be acceptable without performing additional soils investigation or design calculations. All steel reinforcing shall be deformed No. 3 bars on twenty-four inch (24") centers both ways. Where the plasticity index of the soil is twelve (12) or greater, stabilization of the sub -grade, six inches (6") thick with six percent (6%) hydrated lime by weight, shall be required. Compaction of the lime stabilized sub -grade shall be according to the Standard Specifications, Division 4, Item 4.6., 4.6.4.(d). Section Any proposed pavement section of lesser thickness or alternate materials shall be fully documented by the design engineer to substantiate the fact that such alternate will provide an equivalent capacity for the pavement noted above and must be approved by the city. SANGER RANCH DEVELOPMENT AGREEMENT —Page 73 of 104 (2) Collector Commercial or Industrial Street and Al1eyConstruction The subdivider shall, at his own cost and expense, pay for constructing all streets and aHeys within his subdivision and one-half (1/2) of all existing and/or proposed perimeter streets. Monies for the construction of the one-half (1/2) street shall be placed in an escrow account if the construction of the street is to be deferred to a later date. Collector streets and alleys shall, at a minimum, be designed and constructed with six-inch (6") thickness of three thousand five hundred (3,500) p.s.i. reinforced concrete pavement on a compacted sub -base. All steel reinforcing shall be deformed No. 3 bars on eighteen inch (18") centers both ways. Where the plasticity index of the soil is twelve (12) or greater, stabilization of the sub -base with a six inch (6") thickness of six percent (6%) hydrated lime by weight will be required. Compaction of the lime stabilized sub -grade shall be according to the Standard Specifications, Division 4, Item 4.6., Section 4.6.4(d). Any proposed pavement section of lesser thickness or alternate materials shall be fLilly documented by the design engineer to substantiate the fact that such alternate will provide an equivalent capacity for the pavement noted above and must be approved by the city. (3) Maior or Secondary Thoroughfare Construction On roadways, adjacent to the proposed subdivision, that are designated to be major or secondary thoroughfares (except Class A Loop Highway), the subdivider shall be required to construct, at his own cost and expense, one-half (1/2) of the street section, up to a width of twenty-four feet (24'), measured to face of curbs, with integral curbs on each side. Where thoroughfares traverse a subdivision, the subdivider shall be required, at his own cost and expense, to construct atwenty-four foot (24') wide section on each side of the roadway. Thoroughfares shall be designed and constructed with an eight inch (8") thickness of three thousand five hundred (3,500) p.s.i. reinforced concrete pavement on a compacted sub -base. All steel reinforcing shall be deformed No. 3 bars at twenty-four inch (24") centers both ways. Where the plasticity index of the soil is twelve (12) or greater, stabilization of the sub -grade, six inches (6") thick with six percent (6%) hydrated lime by weight, shall be required. Compaction of the lime stabilized sub -grade shall be according to the SANGER RANCH DEVELOPMENT AGREEMENT —Page 74 of 104 Standard Specifications, Division 4, Item 4.6., Section 4.6.4(d). Any proposed pavement section of lesser thickness or alternate materials shall be fully documented by the design engineer to substantiate the fact that such alternate will provide an equivalent capacity for the pavement noted above and must be approved by the city. C. Pavinp� Width Requirements (1) Residential Streets, Collector Street, and Alleys. Residential street paving shall be a minimum of thirty-one feet (31') in width, measured between the faces of curbs. Collector Street paving shall be a minimum of forty feet (40') in width, measured between the faces of the curbs (2) Thorou fares. The following minimum pavement widths are set by this ordinance for the construction of thoroughfares as follows: Thoroughfare Classification Class A (Loop) Class B (Major) Class C (Major) Class D (Secondary) Minimum Right -of --Way Width 180' 120' 100' 80' Minimum Pavement Width Between Faces of Curbs Two 12' traffic lanes on each side of the roadway centerline Three 12' traffic lanes divided by a 16' median Three I traffic lanes divided by a 15' median Four I traffic lanes or two 12' traffic lanes and two 10' parking lanes Note: The minimum width of a median adjacent to a left turn lane shall be five feet (3) Street Returns. (a) The minimum radii for all street returns shall be twenty feet (20') on collector and minor streets and thirty feet (30') on thoroughfares. (b) Returns for driveways on minor streets shall be ten feet (10'). Driveway returns onto commercial and industrial property shall be a minimum of fifteen feet (15') SANGER RANCH DEVELOPMENT AGREEMENT —Page 75 of 104 and a maximum of twenty-five feet (25') except in special cases. D. Miscellaneous (1) Reinforcing Steel Steel furnished for street and alley paving shall meet Standard Specifications, Division 2, Item 2.2., Sections 2.2.6. and 2.2.7. (2) Sawed Dumm.. Joints Refer to Standard Specifications, Division 5, Item 5.8., Section 5.8.2. (3) Expansion Joints Refer to Standard Specifications, Division 5, Item 5.8., Section 5.8.2. (4) Longitudinal Pavement Slopes The maximum longitudinal slopes are as follows: Type of Street Class A - Major Thoroughfare Class B - Major Thoroughfare Class C - Major Thoroughfare Class D - Secondary Thoroughfare Class E - Collector Class F -Collector Class G - Minor (Residential) Maximum Slope 6% Maximum grades for an alley shall be eight percent (8%) within thirty feet (30') of its intersection with a street and fourteen percent (14%) elsewhere. Maximum longitudinal slopes within one hundred feet (100') of intersections shall not exceed two percent (2%). (5) Transverse Pavement Slopes The transverse pavement slope for all non -divided streets may consist of either a straight cross slope or a parabolic curve from the pavement centerline to the gutter. The crown at the pavement centerline shall be four inches (4") above the gutter grade on residential streets and six inches (6") on collector streets and secondary thoroughfares. For divided streets, the transverse slope shall be as required by the city engineer. (6) Lime Stabilization BANGER RANCH DEVELOPMENT AGREEMENT —Page 76 of 104 Refer to NCTCOG Standard Specifications, Division 4, Item 4.6. 6.03 -Sidewalks Refer to NCTCOG Standard Specifications, Division 85 Item 8.3. Concrete sidewalks shall be constructed on both sides of streets and thoroughfares, except in industrial areas, by the subdivider. The sidewalks shall have a width of not less than four feet (4') and thickness of not less than four inches (4") and shall be constructed of three thousand (3,000) p.s.i. concrete on both sides of all streets within the subdivision and of a width not less than eight feet (8') on all major thoroughfares. Sidewalks shall be constructed one foot (P) from the property line within the street or thoroughfare right-of-way and shall extend along the street frontage including the side of corner lots and block ends. Alternate sidewalk designs may be considered and shall be approved on a case by case basis by the City. Construction of sidewalks adjacent to curb in residential areas will be considered where driveway entrances are constructed from the rear of lots on each side of the street for the full length of the block or where mountable curbs are installed. In these instances, the sidewalks shall be five feet (5') wide. Sidewalks in commercial areas shall be a minimum width of six feet (6') or extend from the back of the curb to the building line as required by the city. Sidewalks in industrial areas and planned developments will be as required by the city. All concrete for sidewalks shall be placed on a two-inch (2") sand cushion. Longitudinal slope of sidewalks shall be that of the curb adjacent to the sidewalk. The longitudinal slope of the sidewalk shall be one-fourth inch () per foot starting at the back of the curb. The maximum ground slope from the back of the curb to the property line shall not exceed six percent (6%). If it does exceed six percent (6%), a retaining wall, that is acceptable to the city, shall be provided on the property line or the private property graded to a 3:1 maximum slope. 6.04 - Drainage and Storm Sewer Improvements SANGER RANCH DEVELOPMENT AGREEMENT —Page 77 of 104 General: Drainage facilities shall be provided and constructed by the developer in accordance with all City standards and the following basic requirements: Runoff Calculations 1. The selection of which method to use for calculating runoff depends upon the size of the contributing drainage area at the most downstream point of the project. The "Rational Method" is acceptable for designing projects in which the drainage area is less than two hundred (200) acres. A unit hydrograph method is required for projects with larger drainage areas. 2. No matter which method is used to calculate runoff, a developer or builder of property greater than one (1) acre in size, or any property that was platted as a part of an overall tract which was greater than one (1) acre in size (including churches and schools), shall develop the property so that the rate of runoff created by the development as it leaves the property does not exceed the rate of runoff that would have been created if the property had developed as a single-family residential property. 3. Runoff computations shall be based upon fully developed watershed conditions in accordance with the land use projections in the latest Master Plan. The design engineer shall size drainage facilities by disregarding the detention effects of upstream property and calculating the runoff as if the off -site property was developed without any detention. If an approved regional detention/retention facility is in operation, the design engineer may size downstream drainage facilities based on consideration of the detention effects of the regional facility. 4. Procedure for drainage areas less than two hundred (200) acres. i) Computation of Storm Water Runoff for drainage areas less than two hundred (200) acres shall be by the "Rational Method," which is based on the principle that the maximum rate of runoff from a given drainage area for an assumed rainfall intensity occurs when all parts of the area are contributing to the flow at the point of discharge. The formula for calculation of runoff by the "Rational Method" is. 16 ayr_� Where: Q = the maximum rate of discharge, expressed in cubic feet per second. BANGER RANCH DEVELOPMENT AGREEMENT —Page 78 of 104 C = Coefficient of Runoff. Park areas - No developed land 0.30 Developed Park sites 0.40 Single Family Residential 0.55 Duplex 0.60 Multiple Family 0.70 Schools 0.70 Churches 0.70 Neighborhood Commercial 0.70 Office Commercial 0.70 Commercial 0.85 Industrial 0.85 I =Intensity of Runoff in inches per hour (Use Appendix A — IDF Curve). A =Drainage Area in acres. ii) Time of concentration is the longest time, without interruption of flow by detention devices that a drop of water takes to flow from the farthest point of the drainage area to the point of concentration (i.e. the point of design). The time of concentration is composed of the inlet time and the flow time in a conduit or channel to the point of design. iii) When designing inlets and laterals, the time of concentration is equal to the inlet time. The design engineer will compare the above specified inlet times to the actual calculated inlet time by computing the flow time overland and along the gutter to the first inlet. Manning's equation shall be used to determine flow time to the inlet. The design engineer may use the actual calculated or specified inlet time. a) The inlet time shall be ten (10) minutes for property zoned multiple family, churches, schools, local business, central business, commercial, or industrial. b) An inlet time of fifteen (15) minutes shall be used for property zoned for parks, cemeteries, agricultural, and single family residential. 5. Procedures for Drainage Areas greater than two hundred (200) acres: i) For drainage areas in excess of two hundred (200) acres where the use of the "Rational Method" does not provide reliable results, the use of a unit hydrograph method shall be made. The use of a unit hydrograph calculation will be based upon standard and accepted engineering principles subject to the approval of the City Engineer. Acceptable SANGER RANCH DEVELOPMENT AGREEMENT —Page 79 of 104 methods include the Soil Conservation Service (SCS) Technical Release Number 55 or the Corps of Engineers HEC-1 models for drainage areas 200 acres or more. ii) The unit hydrograph method shall be based upon fully developed watershed conditions assuming no effects from the small on -site detention facilities for maintaining the rate of runoff as if the property was developed as single family residential use. The detention effects of large regional detention facilities can be taken into account in unit hydrograph methods. iii) Circumstances that may require the use of a unit hydrograph method include sizing open channels, reclaiming floodplains, creating lakes, or building other types of drainage - related facilities on major drainage courses. Design engineers of these types of facilities should be aware that the requirement of designing for fully developed watershed conditions will mean that they will have to calculate these fully developed flows instead of using the flows calculated in the Federal Emergency Management Agency's (FEMA) flood insurance studies for Sanger or Denton County. Design Storm Frequencies The approved drainage system shall provide for positive overflow at all low points. The term "positive overflow" means that when the inlets do not function properly or when the design capacity of the conduit is exceeded, the excess flow can be conveyed overland along a grassed or paved course. Normally, this would mean along a street or alley, or shall require the dedications of special drainage easements on private property. DRAINAGE FACILITY DESIGN RECURRENCEINTERVAL Closed Storm Sewer Systems 10-year with 100-year positive overflow in streets such that the depth of flow in the street does not exceed the top of curb. Closed Storm Sewer Systems and Inlets at Street Low Point or Sag 100-year with positive overflow Culverts and Bridges 100-year Concrete -lined Channels 100-year Earthen Channels 100-year Street and Alley Capacity 1. The depth of flow in the streets shall not exceed the top of curb for the 100-year storm. SANGER RANCH DEVELOPMENT AGREEMENT —Page 80 of 104 2. The flows created by the 100-year storm shall be contained within the capacity of all paved alleys. 3. The first floor elevations of all residential and other structures shall be set at a minimum elevation of one foot above the top of the street curb elevation or the alley invert, and with positive drainage provided away from the structure. Positive overflow sections shall provide a minimum of 1 foot of freeboard from the overflow invert adjacent to structures and the corresponding first floor elevation of all residential and other structures. Inlet Placement and Capacity 1. Storm sewer inlets shall be built along paved streets at such intervals that the depth of flow, based upon the 100-year storm, does not exceed the top of curb. Inlets shall be located as necessary to remove the flow based on a 100-year storm. If in the opinion of the City Engineer the flow in the gutters would be excessive using the above design criteria, the storm sewers or inlet locations could be altered to relieve adverse conditions. 2. Inlets shall be placed upstream from an intersection whenever possible. At any intersection, only one street shall be crossed with surface drainage and this street shall be the lower classified street. When an alley intersects a street, inlets shall be placed in the alley whenever flow down that alley would cause the capacity of the intersecting street to be exceeded. 3. The minimum inlet size shall be five (5) feet. No more than twenty (20) feet of inlet shall be placed along one gutter at any given location. Minimum sizes of laterals shall be 18 inches for use with 5 foot inlets, 21 inch laterals with 10 foot, 15 foot, and drop inlets and 24 inch laterals for 20 foot inlets. Where laterals tie into trunk lines, place the laterals on a 60 degree angle with the trunk line and connect them so that the longitudinal centers intersect. Pipe Design Standards 1. Storm sewer conduit shall be sized to flow full. Manning's Equation shall be used to determine the conduit size. 2. Minimum and Maximum Velocities in Pipes i) The minimum velocities in conduit shall be 2.5 feet per second. SANGER RANCH DEVELOPMENT AGREEMENT —Page 81 of 104 ii) Maximum velocity in the pipe shall not exceed 12 feet per second. iii) The maximum discharge velocities in the pipe shall also not exceed the permitted velocity of the receiving channel or conduit at the outfall to prevent erosive conditions. The maximum outfall velocity of a conduit in partial flow shall be computed for partial depth and shall not exceed the maximum permissible velocity of the receiving channel unless controlled by an appropriate energy dissipater (e.g. stilling basins, impact basins, riprap protection). 3. In general, storm water shall be carried in concrete pipe conduit, but other types of conduit can be used to carry stormwater. However, prior permission to use other conduit materials must be obtained from the City Engineer. 4. Hydraulic Gradient i) Conduits must be sized, and slopes must be set such that runoff flows smoothly down the drainage system. To insure this smooth passage, the hydraulic gradient must be at the proper elevations. The hydraulic grade line shall be established and shown on the plans for all storm sewer design. ii) The hydraulic grade line shall in no case be closer to the surface of the ground or street than one (1) foot. Hydraulic gradient calculations shall account for all head losses that may occur in the storm sewer line. Friction head loss shall be determined by direct application of Manning's Equation. Minor losses due to turbulence at structures shall be determined using Appendix B of this section. Culvert Design 1. One (1) foot of freeboard is required between the 100-year water surface elevation and the top of curb elevation. Exceptions must be approved in writing by the City Engineer. 2. Culverts must be designed using standard methods and engineering judgment. Culverts shall be designed in accordance with the latest edition of the Texas Department of Transportation (TxDOT) Hydraulic Design Manual. Standards of the City of Sanger will take precedence over TxDOT Manual in cases of conflict. 3. Culvert hydraulic grade line calculations shall consider both inlet and outlet control. BANGER RANCH DEVELOPMENT AGREEMENT —Page 82 of 104 4. Culverts shall be skewed such that impacts due to the flood and normal flow angles of attack on the structure are minimized. 5. The maximum velocity through a culvert shall be fifteen (15) feet per second. 6. Stream stability shall be assessed when determining the number of barrels, height and width and culvert skew. Potential for scour shall be accounted for in the design. Bridges 1. Two (2) feet of freeboard is required between the 100-year water surface elevation and the low chord of the bridge. Exceptions to this requirement must be approved by the City Engineer in writing. 2. The skew of the bridge piers and abutments shall be oriented as close to the normal or flood direction of flow resulting in an angle of attack as close to 0 degrees as possible. 3. Bridges shall be designed using standard methods. 4. Stream stability shall be assessed when designing the abutments and interior bents of the bridge. Scour shall be accounted for in the design. Channels 1. Open channels are discouraged in urban areas. Open channels may be used instead of an enclosed system when the pipe size, necessary to carry the design storm event, exceeds the capacity of 2-60 inch RCP. Open channels shall not be permitted when 2-60 inch RCP pipes will carry the design flow, unless approved by the City Engineer. 2. Open channel design criteria: i) Channels may be left in their natural state provided that the channel velocities are 6.0 feet per second or less and that one (1) foot of freeboard is available during the design storm event. ii) If the natural channel is to be replaced by an improved channel, the flow from the 100-year design flood must be contained within the improved channel while allowing for one (1) foot of freeboard. SANGER RANCH DEVELOPMENT AGREEMENT —Page 83 of 104 Improved channels shall be trapezoidal shaped and include a lined section if the design velocity is greater than six (6) feet per second. Lining types such as concrete, rock walls and gabions may be used upon approval of the City Engineer. The maximum velocity allowed in concrete lined channels is fifteen (15) feet per second. iv) Unless shown to be feasible in a soils report sealed by a licensed professional engineer in the State of Texas and approved by the City Engineer, improved channels shall have minimum side slopes of: a) Four (4) feet horizontal to one (1) foot vertical for earthen, grassed -lined side slopes. b) 1.5 feet horizontal to one (1) foot vertical for concrete -lined side slopes in rock. v) Where practicable, all unpaved channels should have sufficient grade to avoid ponding during backwater flow conditions. A minimum slope of 0.50% is required for earthen channels and swales, except those used as part of a wetlands area. vi) The developer or owner shall use low maintenance vegetation for vegetative cover, as approved by the City Engineer prior to planting. The selection of materials shall comply with either the current ground cover listing for North Central Texas furnished through the Texas Agricultural Extension Service. 3. Manning's equation can be used to design channels and determine water surface elevations and velocities when backwater effects are negligible. Channels where backwater effects occur must be designed using models accepted by FEMA. 4. All channel sections must consider and account for channel stabilization in their design. This requirement pertains to all sections whether they are left in their natural condition or are modified in any manner. The design of all drainage channels and swales shall assure adequate capacity and minimum maintenance to overcome the result of erosion, silting, sloughing of bends or similar occurrences. 5. When performing hydraulic analyses for channel or drainage way design, the starting water surface shall be based on the following criteria: i) When the ratio of the drainage area of the receiving creek (at the confluence location) to the drainage area of the channel or drainage way being designed is 15 or greater, the 10-year water surface of the receiving creek shall be used as the starting water surface for hydraulic design calculations. For creeks where the 10-year water surface is not available, the slope -area method will be used for starting design calculations. ii) When the ratio of the drainage area is less than 15, the 100-year elevation on the receiving creek shall be used as the starting water surface for design calculations. BANGER RANCH DEVELOPMENT AGREEMENT —Page 84 of 104 Detention Design. Detention/retention facilities shall be designed for the 100-year design flood according to the following criteria: 1. Dedicated detention/retentionhasins shall also include an additional one (1) foot of freeboard and two (2) feet of sediment storage. The volume of runoff storage for drainage areas greater than two hundred (200) acres shall be computed using unit hydrograph procedures. Acceptable unit hydrograph procedures are provided in section XI.B.5 of this document. For drainage areas less than two hundred (200) acres, the above methods are recommended; however, an approximate routing method based on the rational formula is allowable. 2. All detention facilities designed shall consider the timing of the flood peak in the main channel into which the detention facility drains. Delaying the peak from a site in lower portions of a watershed may result in a higher peak on the main channel. 3. A detention facility shall have enough gradient to ensure positive drainage to the outlet structures so as to avoid nuisance conditions such as standing water, odors, insects, and weeds. A minimum slope of 0.50% towards the outlet structure is required for all detention facilities. 4. Detention areas in parking lots shall not be: i) In required parking spaces but in extra spaces. ii) Behind speed bumps unless the speed bumps are made with reinforced concrete. iii) Deeper than six (6) inches unless otherwise approved by the City Engineer and warning signs shall be posted. 5. Drainage easements shall be provided for all regional detention/retention facilities and for other detention/retention facilities where two (2) or more owners are involved. 6. Detention facilities shall be designed to empty in less than 24 hours, unless it is also serving as an erosion control facility. 7. Detention facilities used as a sediment control device shall meet the following requirements; i) The sediment control facility shall be designed with minimal velocities such that sediment is dropped and not picked up by flows at any time during the storm event. SANGER RANCH DEVELOPMENT AGREEMENT —Page 85 of 104 The basin shall be designed with adequate sediment storage area so that sediment removal is not required more than twice a year. Expected removal periods greater than twice a year must be specified in the maintenance plan and approved by the City Engineer. Sediment control facilities cannot be used to meet detention requirements unless the volume of sediment is included in the calculations for the detention basin design. 8. The owner shall maintain d% t% n on/retention facilities unless the facilities are dedicated to the City of Sanger. The following measures are required to ensure the facility functions properly. i) Facilities should be mowed at least twice a year to control weeds and discourage woody growth. ii) Debris, litter and accumulated sediment should be removed from detention facilities at least twice a year. Particular attention should be given to removal of debris, litter and sediment around outlet structures. iii) Detention basins designed for sediment removal shall be maintained as specified in the maintenance plan and approved by the City with construction plan submittal. Flumes. The use of flumes is not recommended for widespread use. Flumes shall not be permitted when the purpose of a permanent flume is to carry runoff down the sides of earthen channels. A flume may be used to direct overflow runoff along property lines until the runoff can be intercepted by streets or conduits. Flumes crossing sidewalks shall be covered or bridged such as to minimize danger to pedestrians. Residential Grading and Drainage 1. Surface runoff from residential lots shall cross no more than one additional lot before being directed toward the street or a dedicated drainage system. When the flow reaches the second lot, side lot swales shall be in place to direct the flows to the street or to a dedicated City drainage system within an easement in the rear yard. Furthermore, no more than one lot may drain to a second lot before the flow is directed to a street or to a dedicated city drainage system. Where lot to lot drainage occurs, the lot lines shall be aligned and a dedicated private drainage easement shall be provided. 2. Three general categories of residential lot grading and drainage plans are anticipated within the City of Sanger as shown in Figure No. I. Specific deviations from these three plans will be considered on an individual basis. 3. When adjacent to the floodplain, the finished floor (FF) elevation of commercial buildings shall be two foot (2') above the 100-year fully developed based flood elevation (BFE) of the SANGER RANCH DEVELOPMENT AGREEMENT —Page 86 of 104 ultimate floodplain. The FF elevation of residential buildings shall be two feet (2') above the 100-year fully developed based flood elevation (BFE). BANGER RANCH DEVELOPMENT AGREEMENT —Page 87 of 104 INTENSITY -DURATION -FREQUENCY CURVE IUD storm 9t, r 0.7 ao Vol 118 T3A 14.9 10 5.2 6.7 7-9 9.2 10.5 1146 15 4.3 5,6 6.6 7.7 8.7 9.tt 600t) 18 2.4 29 3.3 a�8 4.2 129t2 tv 1.1 1 1.6 20 2.3 2.6 18at3i 0.8 1.1 1.3 1,5 1.7 1,9 360t6 0.5 0.7 0.8 0,9 to 1. 720 (12IT) 0.3 0.4 0.6 0 8.6 07 1 (24 0.2 0,2 0,3 CO 0.4 R4 It N i t 2 1low 'e f5 Ito 03ain€aMF Duration inMinutes SANGER RANCH DEVELOPMENT AGREEMENT -Page 88 of 104 APPENDIX B Minor Head Losses SANGER RANCH DEVELOPMENT AGREEMENT —Page 89 of 104 A, Entrance Losses I. Equation H L — Krr d`�lz 2g V'Jktere HL = head loss (feet) V2 = velocity in downstream pipe (ftfs) Ke = head loss coefficient g = gravity constant (32.2 ft/s2) 2_ Entrance Loss Coefficients (Ke) �`�pe of Struetutre and �?e,sign of 1*»trance Ke Ccrt►crete Plpe Projecting from fill. Socket end (groove -end) ......................•._..-...._..........._.._...._ 01 Square cut end . ............. OW5 Headwall or headwall and wingvwalls: Socket end of pipe (Sroove-end)._.._........................•---_.-_.._ Li_2 Square -edge .....v..., „,..... .........,.,,. 015 Rounded (radius — I/12D)q ,,..<,.<..............,<,..,..,,,.,,...,.z „Y O.2 Mitered to conform to fill slope 4 y A C c t 6 4 4 4 U d A .,.•... ......,.,...,. 03 End -section conforming to fill slope w......:.4 w ......... . . >......... 045 Beveled edges, 33'to 45$ bevels ................................•-•--•---....... 01 Side- orslope.=tapered inlet....._..__.._..•...................•--.._._....._.._..... 0_2 Pipe or Pipe -Arch Corrugated Metal Projecting from fill (no headwall) a......,. 41WI.W%<it kic <V..414.....r...,.,....,.. +0.9 Headwall or headwall and wingwalls sgraare-edged :._. 0_5 Mitered to conform to fill slope, (raved or unpaved slope.,........ 03 Endasecti n conforming to fill slope--------------•----•------------_.---•------ 05 Beveled edges, 33'to 45' bevels .........................•--•--..._.......-...._ 0,2 Side- or slope -tapered inlet_..-•----•................._._...._.._._._.._.._._.._...._ 4.2 Box, Reinforced Concrete HeTtdwall parallel tea en�bankr��ent (.rto wiitgvaalls). Square --edged on 3 edges .........:. .......0. ...._._-. :......:�....- 0,5 Rounded ort 3 edges to radius of I/12 barrell dimension or- beveled on 3 sides .................................................... O_2 ingwvalls at 30' to 75' to barrel: Square -edge rounded to radius of 1/12 WiTell dimension or beveled are 3 sides , 01 rngwvall at 100 to 2511 to barrel. Square -edged at er own.._ ............................. ..................... ti. s Vitingwwall parallel (extension of sides): Square edged at crown. -...._-...._....... 01 Side -or slope=tapered inlet,. .4 ..**& I...W.01 SANGER RANCH DEVELOPMENT AGREEMENT -Page 90 of 104 6.05 -Water Systems Water systems shall be of sufficient size to furnish adequate domestic water, to furnish fire protection to all lots and shall conform to the city's comprehensive plan and meet the requirements, in all respects, of the Texas Department of Health. The city shall make the final determination of the adequacy of water mains proposed. A. Materials (1) Water Mains (a) All water mains twelve inches (12") in diameter and smaller may be AWWA C900 polyvinyl chloride (PVC) pipe or an approved equal. Water mains larger than twelve inches (12") in diameter may be constructed with either pre. tensioned or pre -stressed concrete steel cylinder pipe, AWWA C900 polyvinyl chloride (PVC) pipe or an approved equal. (b) The subdivider shall comply with all applicable NCTCOG Standard Specifications, Division 2, Item 2.12., Sections 2.12.5., 2.12.8., and 2.12.20. (2) Gate Valves Gate valves shall be furnished in accordance with the NCTCOG Standard Specifications, Division 2, Item 2.13., Section 2.13.1. (3) Fire Hydrants (a) Fire hydrants shall be furnished in accordance with the NCTCOG Standard Specifications, Division 2, Item 2.14. (b) The subdivider shall furnish drawings with complete detailed dimensions of the fire hydrant proposed for the subdivision. B. Installation and Testing (1) Water Mains Fittings Gate Valves and Fire Hydrants (a) The subdivider shall comply with all applicable NCTCOG Standard Specifications in Division 6, for installing materials that comply with the standards of the city. SANGER RANCH DEVELOPMENT AGREEMENT —Page 91 of 104 (b) Prior to approval of plans and specifications for ductile iron pipe, the subdivider shall perform a soil survey to establish the corrosive characteristics of the soil at, and along, the alignment of the proposed water mains. If the corrosive characteristics of the soil are found to be excessive or indicate a potential for a corrosive condition, then an approved polyethylene encasement or wrapping shall be installed to protect the pipe in accordance with the NCTCOG Standard Specifications, Division 2, Item 2.9., Section 2.9.5. (c) Tap installations on PVC pipe will be made by attaching a bronze service clamp equipped with a sealed threaded port on the periphery of the main; then drilling through the pipe wall to complete each service port. Taps may be made either on an uncharged system or into a main under pressure. (2) Location (a) All water mains shall be constructed within street rights -of --way or easements dedicated to the city. (b) Easements shall be provided for water mains which parallel any state numbered highway. (c) Water mains shall be installed in or extended along all frontage streets of the proposed subdivision and shall be connected to all existing water mains where convenient. Provision of water mains in conjunction with cul-de-sac streets shall be at the discretion of the city engineer. To insure reliability of service, dead- end mains of adequate capacity shall not exceed three thousand feet (3,000') in length. Adequate capacity shall be determined by the standards for fireflow as adopted by the City and/or required by the State of Texas whichever is more stringent. (d) In zoning districts commonly referred to as "residential sections," the minimum size of water main shall be six inches (6") in diameter. Where intervals between "cross -connecting" mains must exceed one thousand two hundred feet (1,200'), or where dead -ends must exist, eight inch (8") diameter or larger mains shall be installed. (e) Eight inch (8") diameter and larger mains shall be installed in zoning districts commonly referred to as "commercial", "industrial," or "multi -family" with minimum size eight inch (8") diameter intersecting mains every six hundred feet (600') as required by the City. Where dead -ends must exist, eight inch (8") diameter or larger mains shall be installed. The minimum limits set forth in the above shall not be exceeded except upon the specific approval by the city SANGER RANCH DEVELOPMENT AGREEMENT —Page 92 of 104 engineer, city building official and the fire chief, but in no event shall these requirements be less than the minimum required by the City and/or the State of Texas whichever is more stringent (t) All valves buried in the ground shall be provided with cast-iron valve boxes of proper dimensions to fit over the valve bonnets and to extend to such elevation at or slightly above the finished street grade or ground line, as approved by the city. Tops shall be complete with covers marked "water" and shall be adjustable. Valve boxes shall be set vertical and concentric with the valve stem. Any valve box which has so moved from its original position as to prevent the application of the valve key shall be satisfactorily reset by the developer at his own expense. A reinforced concrete pad of the dimensions, Y-0" x Y4, x 6", shall be poured around all valve boxes that are outside the pavement section, unless otherwise directed by the city. (g) Fire hydrants shall be placed to conform to the requirements as adopted by the City.. Each hydrant shall be set upon a slab of stone or concrete not less than four inches (4") thick and not less than one (1) square foot of surface area. Where solid rock exists in the bottom of the trench and same is excavated to the proper depth to form a foundation for the hydrant, the slab of stone or concrete above specified may be omitted. The hydrant shall be set perpendicular, and to the proper depth, and shall be carefully and substantially blocked against firm trench walls using Class 2,000 concrete. (h) Fire hydrants shall be installed and operable prior to the erection of any building in which any combustible material is used as determined by the fire chief of the city. 6.06 - Sanitary Sewers Sanitary sewer facilities shall be furnished and installed to adequately service the subdivision and shall conform to the city's sanitary sewer plan and meet the requirements, in all respects, of the Texas Commission on Environmental Quality or it's successors. The adequacy of the sewerage facilities provided by the subdivider shall be determined by the city. A. Materials (1) Sewer Mains and Appurtenances BANGER RANCH DEVELOPMENT AGREEMENT —Page 93 of 104 (a) Sanitary sewer mains may be vitrified clay sewer pipe (extra strength), cement - lined bituminous coated ductile iron pipe, polyethylene -lined ductile iron pipe or polyvinyl chloride (PVC) pipe. The subdivider shall comply with the applicable Standard Specifications of Division 2, which are related to the materials for the sewer mains accepted by the city. Connections shall be made with a fabricated fitting. Field -glued connections are not allowed. When PVC pipes pass through a manhole wall, asbestos cement sleeves with a rubber ring joint shall be used to provide a positive water -tight connection. (b) The minimum diameter of sewer mains shall be eight inches (8"). Six inch (6") diameter sewer mains may be acceptable only for short distances (not to exceed 400 feet) and only in locations where the main will not be extended, as approved by the city. (c) Manholes shall be constructed in accordance with the applicable NCTCOG Standard Specifications, Division 6, Item 6.7., Section 6.7.2.(i). The manholes shall be placed at points of change in alignment, grade, size of sewer, the intersection of sewers; at the right -of --way lines of major and secondary thoroughfares, whether existing or proposed, and the end of all sanitary sewer mains subject to extension. Maximum manhole spacing for sewers with straight alignment and uniform grades should be determined so as to assure continuous operation based on available Gleaning equipment. The maximum manhole spacing shall be five hundred feet (500) in all cases. (d) Standard cleanouts shall be constructed at the ends of all sanitary sewers not subject to extension, and shall be in accordance with the applicable Standard Specifications, Division 6, Item 6.7., Section 6.7.20). (2) Lift Stations and Force Main (a) All lift stations shall be designed and constructed with two (2) or more sewage pumps, and the stations shall be capable of pumping the design maximum flow with the largest pump out of service. Detailed layout, projected flows, design data, plans and specifications of the lift station and pumps shall be submitted to the city engineer prior to the purchase and installation of the pumps. SANGER RANCH DEVELOPMENT AGREEMENT —Page 94 of 104 (b) All force mains shall be polyvinyl chloride (PVC) or and approved equal, furnished in accordance with the applicable NCTCOG Standard Specifications, Division 2. For the initial flows or at design for average flows, a cleansing velocity of at least two feet (2) per second shall be maintained, with the velocity not to exceed five feet (5) per second at the peak pumping rate. Where high points are necessary in the design of the force main, automatic air relief valves shall be placed at high points in the force main to prevent air locking. (c) The design of the lift station and force main shall comply, in all respects, with the "Design Criteria for Sewerage Systems" of the Texas Commission on Environmental Quality (TCEQ) or its successors. (3) Location Wherever possible, sewers shall be located in the alleys or easements and shall be a minimum of five feet (5) to six and one-half feet (6 1/2') deep to the invert. Easements shall be provided for sewer mains which parallel any state -numbered highway. (4) Installation and Testing (a) All sewers shall be laid in straight alignment where possible with a uniform grade between the manholes. In those cases where horizontal curvature must be utilized to serve a particular area, the minimum radius of curvature shall be one hundred feet (100'). Grades and appurtenances of sanitary sewers shall conform to the requirements of the Texas Commission on Environmental Quality (TCEQ) or its successors and the following are the minimum slopes which should be provided for a velocity of at least two feet (2) per second; however, slopes greater than these are desirable: Sanitary Sewer -Diameter 4 8 inch 10 inch 12 inch 15 inch Minimum Slope in Feet BANGER RANCH DEVELOPMENT AGREEMENT —Page 95 of 104 18 inch 0.110 21 inch 0.090 24 inch 0.080 27 inch 0.060 30 inch 0.055 36 inch 0.045 (b) The excavation, embedment and backfill requirements for the sewer pipe shall all be in accordance with the applicable Standard Specifications, Division 6, Item 6.2. On non-ferrous pipe, Class B+ embedment shall be used per Standard Specifications, Division 6, Item 6.2.9.(c)(6). (c) Performance tests of the sewer mains, manholes and appurtenances shall be performed and documented by the subdivider in accordance with the procedures and requirements of the Standard Specifications, Division 6, Item 6.7. Visual inspection by photographic means (either video or film) shall be required on all sewer mains under the proposed street pavement and shall be performed after completion and acceptance of the street subgrade but prior to the final paving. Prior to any testing being performed, the subdivider shall submit for approval to the city engineer a full description of the method for testing and the procedures that are to be employed 6.07 -Utility Services A. All services for utilities shall be installed for each lot in such a manner so as to eliminate the necessity for disturbing the street and the alley pavement, curb, gutter, sidewalks and drainage structures when connections are made. B. The subdivider shall provide separate service lines for water and sanitary sewerage to each lot or point of metering. The developer shall install separate service lines for each potential business. C. Water service lines shall be in accordance with Standard Specifications, Division 6.7., and shall be provided with a corporation stop at the main and a curb stop located at least two feet (2) outside of curb at a depth of not less than one and one-half feet (14/2'). All service lines shall be on an individual basis. No bullhead connections allowed. A meter box, meter yoke and miscellaneous fittings shall be furnished and installed by the BANGER RANCH DEVELOPMENT AGREEMENT —Page 96 of 104 subdivider and shall conform to the standard materials currently used by the city. D. Sanitary sewer service lines shall have a minimum diameter of four inches residential districts and six inches (6") in commercial and industrial districts, shall meet the same requirements for sanitary sewers described above, shall be constructed from the main to the building using wyes and necessary bends, and shall have a minimum cover at the property line of four feet (4'), where possible. E. The subdivider shall place a suitable marker at the point where said service lines are stubbed out so that these lines can be easily located for connection by the city. Suitable markers shall be "W" for water and "S" for sewer stamped in top of curb, or edge of the pavement if no curb is constructed. Letters shall have a minimum height of two inches (2") and a minimum width of two inches (2"). F. The subdivider shall make arrangements with all other appropriate utility companies for the extension of their respective utility lines and service, including telephone and cable services, to and within the addition and for any costs or refunds of such costs. G. The use of underground electrical services and transmission lines is required for all subdivisions. 6.08 -Street Lighting Street lighting shall conform to the latest edition of the Illuminating Engineering Society Handbook. Aggregate poles with approved fixtures shall be used and lighting levels, as recommended, shall be provided for very light traffic in residential areas, medium traffic on collector streets, and heavy traffic on thoroughfares. In no instance shall the spacing between street lights exceed four hundred feet (400'). The street lighting plan shall be approved by the city engineer. Initial cost of installation of street lighting shall be borne by the subdivider. Street lighting shall not be installed in undeveloped areas, unless monitored and maintained by the developer, until homes/businesses have been occupied within one hundred feet (100') of the light. 6.09 -Construction Contracts The subdivider shall contract for construction of the street, drainage, water and sewer improvements in accordance with the plans and specifications approved by the city. SANGER RANCH DEVELOPMENT AGREEMENT —Page 97 of 104 6.10 - Record Drawings (As -Built Plans) The subdivider shall furnish the city engineer one (l) set of reproducible as -built drawings and one electronic copy compatible with the City of Sanger's CAD system prepared and certified correct by the subdivider's engineer within thirty (30) days after completion of construction. These as -built drawings shall be twenty-four inch (24") by thirty-six inch (36") sheets and shall show complete details of the installation improvements and appurtenances as required by the city, including, but not limited to: A. Plans, profiles and cross sections of all streets and alleys; B . Plans, profiles and cross sections of all drainage projects; C . Locations of water and sewer mains with respect to property lines; D. Size, manufacturer and location with respect to property corners of all water valves and fire hydrants; E. Profiles of sanitary sewers with manhole locations referenced to property corners; F. Detailed diagrams of any special installations such as inlets, junction boxes, headwalls, bores, roadway crossing, siphons and channel crossings; G. The size, materials and locations with respect to property corners of all water and sewer service lines installed; H . Locations and quantities of rock excavation and pavement cut; I. Locations of other utilities encountered; J. Oversize designations (if any) for water and sewer mains; and K. Ground elevation of each lot at the front and rear building lines to be shown on the grading plan. 6.11-Inspection The subdivider shall provide inspection service through his/her engineer to insure that construction is being accomplished in accordance with the plans and specifications approved by SANGER RANCH DEVELOPMENT AGREEMENT —Page 98 of 104 the city engineer. The subdivider shall notify the city engineer forty-eight (48) hours prior to commencement of construction. This notice shall give the location and date of the start of construction. If the city engineer determines it necessary, he/she shall have the right to inspect any construction work being performed to insure that it is proceeding in accordance with the intent of the provisions of this ordinance. 6.12 -Testing The City of Sanger will determine which lab is to be used for testing service, testing services will be arranged and paid for by the owner/developer.. It shall be the responsibility of the developer's engineer to coordinate the scheduling of all required tests with the testing laboratory. Testing shall be conducted in accordance with the procedures set forth in Part III of the Standard Specifications for like work at the frequency specified therein or as directed by the city engineer. 6.13 - Surveyor's Certi acate The subdivider shall furnish a certificate, prepared and certified correct by the subdivider's surveyor, stating that the positions of all monuments and lot markers have been confirmed, or corrected, if necessary, following completion of on -site public improvements to conform to the location of same on the final plat of the development. 6.14 -Contract Completion Certi acate The subdivider shall furnish the city a "Contract Completion Certificate" prepared and certified correct by the subdivider's engineer showing an itemized final statement of all costs, including engineering, related to the construction as required by the city, within ten (10) days after completion of construction, and indicating that all improvements have been completed in accordance with the approved plans and specifications. 6.1 S -Acceptance The city's acceptance of such work shall be by the city's approval and endorsement of the contract completion certificate. Such acceptance by the city will not be given until satisfactory record drawings have been received by the city. 6.16 - A adavits SANGER RANCH DEVELOPMENT AGREEMENT —Page 99 of 104 The subdivider and the contractor shall furnish the city a subdivider's payment affidavit stating that all payments due the contractor have been paid and a contractor's payment affidavit stating that any and all amounts due for labor, materials, supplies, services or claims in conjunction with said construction have been paid in full: These affidavits shall be furnished within thirty (30) days following acceptance of work by the city. 6.17 -Compliance by Subdivider• The city shall not be obligated to permit connection of any water or sewer extension to existing system facilities or provide service therefrom or to reimburse any oversize main cost prior to the full compliance by the subdivider with all the requirements of this ordinance. 6.I8 - Par•k • Open Space •Recreation Areas &Public Use Dedication A. This section includes parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose, conditions, or limitations of such reservations. B. General Park Requirements for Residentially Zoned Property 1. Preliminary and Final Plats shall show areas proposed for park(s). Construction plans shall show improvements and development provided by the developer. 2. The Final Plat shall contain a clear fee simple dedication of the land to the City for park use. 3. The area dedicated shall be not less than one (1) acre for each 50 dwelling units. The term 'dwelling unit' means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family. Each multi -family development shall indicate the number of dwelling units to be incorporated in the development on the Preliminary and Final Plat submissions 4. Payment of money in lieu of dedication of land is authorized when permitted or required by other provisions of this ordinance. 5. Money paid in lieu of dedication of land may be used only for acquisition or development/improvement of a neighborhood/community park located within the same general area as the development or in park facilities intended for access and use SANGER RANCH DEVELOPMENT AGREEMENT —Page 100 of 104 by the entire City. 6. At a minimum, park land shall be developed proportionally with each phase. C. Area Less Than One Acre Development of an area less than one (1) acre for public parks purposes is impractical. Therefore, if fewer than 50 dwelling units are proposed the developer/landowner shall pay money in lieu of dedication of land. The only time a land dedication of less than one (1) acre will be considered is when the land can be added to an existing park D. Area Greater Than One Acre 1. Proposed park areas shall be presented as part of the Preliminary Plat. The Parks Board and Planning and Zoning Commission will review and comment on each park dedication prior to presentation to the City Council. Proposed improvements and development standards will be presented to the Parks Board, Planning & Zoning Commission and City Council. 2. The City Council may accept or reject the land offered by the developer/landowner and require money in lieu of dedication of land. Some issues for consideration by the City may include: a. Land is unusable or not compatible with the Master Plan. b. Sufficient park area is already dedicated in the development area c. The area would be better served by expanding or improving existing parks. d. Acquisition of the land is not in the best interest of the City. E. The land for park development shall be dedicated in the Final Plat or simultaneously by separate instrument. F. If the developer/landowner exceeds the number of dwelling units/lots upon which the original dedication was based, then additional dedication or payment of money in lieu of dedication shall be required at the discretion of the City Council. G. Prior Dedication; Absence of Prior Dedication 1. Credit shall be given for land dedicated and/or money paid for public park purposes prior to the enactment of this ordinance. SANGER RANCH DEVELOPMENT AGREEMENT —Page 101 of 104 2. Subdivisions in the platting system shall be controlled by the ordinance in effect at the time such application arose, except additional dedication shall be required only for the increase in density described in paragraph F, above, and may be either land or money in lieu of land as determined by the City Council. H. Money in Lieu of Land 1. The dedication requirement shall be met by a payment of $ 1000.00 per lot in lieu of dedication of land. 2. Payment of money in lieu of dedication of land for park purposes shall be made prior to the issuance of the first building permit. I. Master Plan Considerations The City of Sanger Master Plan will be used for guidance concerning the desired location and type of parks to be developed. J. Special Fund 1. The City shall establish a special fund for the deposit of all sums paid in lieu of land dedication which shall be known as the Park Land Dedication Fund. Any interest earned by these funds shall remain in this account and be used for the fund's intent. 2. The City shall account for money paid in lieu of land dedication with reference to individual plats. Any funds not expended by the City within ten (10) years of the date received by the City for acquisition or development of a park shall be returned to the developer if requested by the developer in writing. The developer of the property on the last date of the ten (10) year period shall be entitled to a proportional refund computed on a per dwelling unit basis. The property owner of such property must request a refund in writing within one (1) year of entitlement or such right shall be barred. K. Additional Requirements 1. Any land dedicated to the city under this ordinance must be suitable for park and recreation uses. The offer of land with the following characteristics may be refused: a. Any areas of unusual topography or slope or other characteristics which render same unusable for reasonable park construction. b. Any area that does not meet the grant requirements of the State of Texas, Department of Parks and Wildlife. BANGER RANCH DEVELOPMENT AGREEMENT —Page 102 of 104 2. Drainage areas may be accepted as part of a park if no significant area of the park is cut off by access to such channel and if suitable improvements may be made within the area without unreasonable cost by the city. 3. Each park must have direct access to public streets. 4. Any detention/retention pond used as part of the open space requirement must be approved by the city and must have a 4' wide sidewalk around the entire premises of the pond and must have minimum 4' benches placed on concrete pads and spaced not more than 500' apart with trees planted between the benches at 100' intervals. The trees planted must be from an approved list obtained from the city. 5. Each Park must have suitable and adequate off street parking paid for by the developer as determined by the City. L. Playground Requirements. For each 50 lots of a subdivision, a playground area of at least 6,000 square feet, with a minimum width of 60 feet and a minimum depth of 100 feet, shall be provided and equipped with playground equipment meeting ASTM F1487-01 specifications and shall be proportional in cost to approximately $1500.00 per lot. The playground components shall be as required by the City's Parks Department. For subdivisions greater than 50 lots, multiple play areas may be incorporated into one playground. The square footage of the playground and the equipment will increase proportionately, according to Parks Department standards, with the number of lots in the subdivision. The playground shall be fenced with a latching gate to secure the area from animals. The square footage of the playground(s) may be used to offset the total requirement for "Open Space" dedication. Playground Land cannot be located in either the flood plain or a detention area. If the playgrounds) is to be owned and maintained by a Homeowners' Association, the same criteria is to be applied. If the subdivision is to be an "Adults Only" development, amenities with the same value and location restrictions shall be required. If cash is given in lieu of playground equipment, the amount shall be $1500 per lot or proportionate part thereof. Development of the playground area must commence prior to one-fourth of the development being completed. Building permits may be withheld if the playground development has not commenced. SANGER RANCH DEVELOPMENT AGREEMENT —Page 103 of 104 Development of the playground area must be completed prior to one-half (1/2) of the development being completed. Building permits may be withheld if the playground development is not completed or substantially underway. BANGER RANCH DEVELOPMENT AGREEMENT —Page 104 of 104 EXHIBIT "C" CITY OF SANGER, TEXAS ORDINANCE NO #O1-03-08 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CONSENTING TO THE CREATION OF A POLITICAL SUBDIVISION WITHIN THE CITY'S CORPORATE LIMITS; PROVIDING FINDINGS OF FACT; PROVIDING FOR A SEVERABILITY CLAUSE AND A SAVINGS CLAUSE; REPEALING ALL CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sanger, Texas (the "City") has entered into a Development Agreement (the "Development Agreement") with Land Advisors, Ltd. (the "Owner"), dated effective as of January , 2008; and WHEREAS, on , 2007, the City annexed approximately 1,031.97 acres of land owned by Owner ("Owner's Land") into the corporate limits of the City, and WHEREAS, the City has received a "Petition for Consent to Creation of Political Subdivision in Corporate Limits " dated , 2008, a copy of which is attached hereto as Exhibit "A" (the "Petition") from the Owner, seeking the creation of a political subdivision, one purpose of which is to supply fresh water or to furnish wastewater services, roadways, or drainage, to include all of Owner's Land within its boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. All of the above premises are true and correct findings of the City Council A the City and they are hereby approved and incorporated into this Ordinance as if copied in their entirety. SECTION 2. That the City Council of the City hereby approves the Petition and grants its consent to and permission for the creation of a conservation and reclamation district pursuant to Article XVI, Section 59 of the Texas Constitution, that may be organized under Chapter 51, Chapter 53 or Chapter 54, Texas Water Code, or by special act of the Legislature of the State of Texas (the "District"), which District is more fully described by field notes description attached to Exhibit "A", and the Mayor is hereby authorized to execute any documents which the Mayor believes necessary to effectuate this Ordinance. This Ordinance constitutes the consent of the City to the creation and future annexations of the District, as well as any new district resulting from the division of the District, as may be permitted by law. Provided, however, any such resulting district must be located wholly within the boundaries of the District as described in Exhibit "A" hereto or as such original boundaries may be subsequently expanded as permitted by the terms of this Ordinance. SECTION 3. That as a condition of the consent given by the City herein, the District shall be subject to the following terms and provisions: (a) The District shall construct all facilities in accordance with plans and specifications which have been approved by the City. (b) The City shall have the right to inspect all facilities being constructed by the District. (c) The District may only issue bonds for the purchase, construction, acquisition, ownership, maintenance, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to accomplish the purposes for which it was created, which may include the following. (i) Provide a water supply for municipal uses, domestic uses and commercial purposes; (ii) Collect, transport, process, dispose of and control all domestic, industrial or communal wastes whether in fluid, solid or composite state; (iii) Gather, conduct, divert and control local storm water or other local harmful excesses of water within the District, (iv) Provide roads and improvements as permitted to road districts under Chapter 257, Transportation Code, subject to the applicable limitations of Section 53.029, Water Code; (v) Provide a fire department; (vi) Develop and maintain recreational facilities for residents, subject to the applicable limitations of Section 49.464, Water Code; (vii) Fulfill any other purpose or function of the District authorized by the Water Code; and (viii) Provide payment of organizational, administrative, and operating costs during creation and construction periods and interest during construction, subject to the applicable limitations of Section 49.155, Water Code. (d) The City shall be entitled to injunctive relief or a writ of mandamus issued by a court of competent jurisdiction restraining, compelling or requiring the District and its officials to observe and comply with the terms and provisions prescribed by this Ordinance. SECTION 4. That the City Council of the City further requires that the District include a statement in the form required under Section 49.455, Texas Water Code, that the District is located wholly within the corporate limits of the City; and that the taxpayers of the District are subject to the taxes imposed by the City and by the District until the District is dissolved. SECTION 5. This Ordinance shall be and is hereby declared to be cumulative of all Aber ordinances of the City of Sanger, and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. SECTION 6. All Ordinances of the City of Sanger shall remain in full force and effect, save as amended herein or by the Development Agreement. SECTION 7. It is the intent of the City Council that each paragraph, sentence, subdivision, clause, phrase or section of this Ordinance be deemed severable, and should such paragraph, sentence, subdivision, clause, phrase or section be declared invalid or unconstitutional for any reason, such declaration or invalidity or unconstitutionality shall not be construed to affect the validity of those provisions of this Ordinance left standing, or the validity of any other Ordinances of the City of Sanger. SECTION 8. This Ordinance shall take effect and shall be in full force from and after its adoption and publication as provided by law. PASSED AND ADOPTED by the City Council of the City of Sanger, Texas, this day of 520080 ATTEST: City Secretary City Attorney THE CITY OF SANGER, TEXAS Mayor CITY OF SANGER 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: January 22, 2008 Samantha Renz City Manager Reviewed/Approval Initials Date �rr ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION A) Consider and Possible Action on a Preliminary Plat for O'Reilly Addition, Lot 1 Block 1, Being 0.620 Acres of Land out of the Henry Tierwester Survey, Abstract 21. Property is Located on Chapman Drive. B) Consider and Possible Action on a Final Plat for O'Reilly Addition, Lot 1 Block 1, Being 0.620 Acres of Land out of the Henry Tierwester Survey, Abstract 21. Property is Located on Chapman Drive. 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 O'Reilly Auto Parts is planning to build on this lot. The zoning requirements have been met, and the plats appear to meet all of the City's standards. STAFF OPTIONS & RECOMMENDATION The Preliminary and the Final Plat were taken before the Planning and Zoning Commission on January 17, 2007. The Commission unanimously recommended approval. List of Supporting Documents/Exhibns Attached: Engineer's Briefings, Copy of Plat Prior Action/Review by Council, Boards, Commissions or Other Agencies: Unanimously approved by P&Z on 01/17/2008 CITY COUNCIL TEXAS AGENDA BRIEFING Meeting Date: 01-24-08 Prepared Robert Woods, P.E. by: Samantha Renz Subject: PRELIMINARY — O'REILLY ADD'N STAFF REVIEW COMMENTS: Zoning: This property is currently zoned Business 2 (B2) ��1 i�il► iI_1�'A The proposed plat appears to satisfy the platting standards contained within the Code of Ordinances of the City of Sanger. TENTATIVE SCHEDULE: Planning & Zoning Commission: City Council: January 17, 2008 January 24, 2008 RECOMMENDATION: Staff recommends approval of the Preliminary Plat and the Final Plat for O'Reilly Addition Lot 1, Block 1. The Planning and Zoning Commission unanimously recommended approval of the Preliminary Plat. CITY COUNCIL Cal �(y�h TEXAS AGENDA BRIEFING Meeting Date: 01-24-08 Prepared Robert Woods, P.E. by: ;Samantha Renz Subject: Final — O'REILLY ADD'N STAFF REVIEW COMMENTS: Zoning: This property is currently zoned Business 2 (B2) SUMMARY: The proposed plat appears to satisfy the platting standards contained within the Code of Ordinances of the City of Sanger. TENTATIVE SCHEDULE: Planning & Zoning Commission: City Council: January 17, 2008 January 24, 2008 RECOMMENDATION: Staff recommends approval of the Final Plat and the Final Plat for O'Reilly Addition Lot 1, Block 1. The Planning and Zoning Commission unanimously recommended approval of the Final Plat. 0 0 co 000 G N N 000 0 O M0 0 CY) �- �- 0 O E a) E U 7 c i— c E c U U >, c C u, � m '� m a� o - o�oa�a�a�w 0cco 0 o c E E E° E° Y p. o o c c LL °mac °cu �vm N �(n? maCLC`L n ocoo`o I mm210m Q 0 0 o ohm � �� CL am J L4-o N N U Q L2 O O a ma a) N 'N 7 � d LM >- N U � V m 0 0 Lo 94P r� (o (o N M N N O O (o M (o (n Q (DN(or`(o'IT LnP� 0)0ti00lq;r(Dm dU,) (o d to� (M Lo I�m O O O N M r- to r- 0 � NN�MO(o�YCo�-OOd'OOCOMOI�-o) N d � d' O c- � N c- Co � d• 00 I� O CO Co cf' 00 CO d) V 10 (o M6c# oc M Or� O t6 O M 00 O (o Imo- L�uo 6% Cm Efl E!3 0 o 0 0 0 0 0 0 0 0% o 0 0 0 0 0 0 o N .�c5=000)(o0000000rnIT0000)0 Lo>,r-rr0MNrrr0WIT gtIt00(o0Lo RV0wq M � r or r O 0 0 o0Lo Loo2 N Z M M Z M M (o Z O Lo P00 CO Lo r� O d• (o I%� O M (o O N O N �- �- N N N M M M M d d' NT co Lo NP M �+ O .F+ O O O O O O O O O O O O O O 00000 a 000000000000000000000 400 NN o V1 No L0M 0 M 0 I� Co �- ti N 00 N � Lo (00 00 Mo ( N y„ cfl N � (o (O 4T r� (3) ti Cl) U�N0NNN� 00 c.,)� U m ��mM�20ZO 0 (o0 'C7 z cc' (n U N M Z N J J 'U Z P2Y0 Ys �MYvW �>LbC0M0W WLLNZLL N I (W) Q F- F- CL � Q m LoU)I1 Op- 0_ CL Y L F- a`> °u0z2v�f-dUd U00CL 00 i U)�u-�(oNQO�QW=q�(o W (oW Lur U Ur)UOZNNCN:)o m(OON(D(D(ON dC7 0 0 0 0 0 0 0 N N N NNNN m 0M C7 M M M OO N O OO O OO OO 0 � O O O O O U) E E E a) E C� (J� D_ CL C O a O D_ C C N b o 11111"1 a) c d o o E Q o o E E O O 0 O W c}o O a) a) O N C O Q N a) a) am a mo aci c a`) c c o O C E c c 0 O c o� E m 0 aci m m a) a awFNmm a)) m m a) a) a°i G ,, rn c a o C > ccoo o��c000�cc8o•u."o`m mc c V c c � U m o" U O m mUca . a) U doo`a)am -° : a) a) m occQ_ QQE > o °) E O c c 0 zc d w0mE Z w m m - ma>i NNO o Qm ro m m O o c U >, >, o U a) .Q m o .o .Q o � o- .0 U) a) 0 0 ate) a `o �_ � a°) � 0 � � � a°i 0 0 a) m"' m 0 c = mm 4" U U a' a. .II 0- u -�0 a) N� M m ..1 v d U � O M O M I� M CD MOO M O m 1� co M O O _ qT N r- O O N I` V O O 1� M (O O CD 0 WT M co 0M MO0NMOMM �v MtiN � NT 0 LO M M O N rf 0 M 1� O cp O 00 N 00 N M cM r` 0 (D (N U c 00 rl N � (V 00 O q;f 00 M C7 CY) (3) O O) 00 G) (D GM (D 14T O N Lo LO N 00 N N H) r eH U) it 0 U7 MT � m 69 to � COO to 0 64 (D (f� (fl 64 Efl 63 � EA � CO EA m ER � 40A Y y„ d o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M >' � O O O 0 0 0 0 0 0 0 � (D O O O 00000 Oo g >,OT-LoO tnMd-�nvMIrvMa•vd- �r'Q:LgLq'o r CM (M LO V) LO M M (n M M CO M CM M co cM M C7 to In In M c � C ,, TM0 20 °� 2 o�� 0 � d "IT 1� M O O r- M ' O r- N M T 0 1�- O M 00 (D 1` r Q e- � e- �- � c- N N N N N M M M M M M (M ('M 9i• It Va a.) O O O O O O O O O O O O O O O O O 00000 (.) r r r r r r T' [� r r r r r r r l'� r r r r r T 0 � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 (M/L�I N00000000000000000 00000 .0) ^v/ W m NT v r` co i-' M r N d 0 0 N 00 M M M � qqqT (� M O Lf)pr%IM N � N M N M LO LO d O� U m 00 dam' N (D N O(0 M N 5` N u. E Dc� a) 0�(0 d Z �qT 4) 'OVLor�' C%4(4 aoN�� co cn L- v, to m Q 06 c•`) � 06 O O >, C W Q � c6 M Z (a (U) rn W ��UmIX � o� a) �ot�m•Qm0 U UAW �_-muo6LIJ c NM 000a.ot (wImm%mI (U MLL UNN�()N0(UZnDa') a d N . m v � RU 000 N d O (O O 000 t0 Lo O O 613� 00 6c� 64 O � a N d o a� t � ;, c(D LO M_ (n Lii N � ° O Q� .N 0NN 0 4JOo0 v `soon N o rn co = d N 0D o. oomc o rn v 3 v Q � ,c E ° U rn d Y V co c c o m ai tX- (D c � m o rn Z Uda-U) v (D (D ti Q rn 00 -� 00 v LO V;T LO OD �, V m�� O c � N d oo M LO LO M �o r C a o M M O �_ N_ Cr.:000 Q a 0 0 0 m O M v a� d V V z > co 0 g �o N c U( /J� SANGER PUBLIC LIBRARY MONTHLY REPORT DECEMBER 2007 Submitted by Victoria Elieson HIGHLIGHTS: The laptop computer donated by the Friends of the Library is now circulating, although demand has not been great during this quiet month. Also, two additional laptops designed for use by children have been donated by an anonymous donor. These are not yet ready for checkout. ADMINISTRATION: Suddenlink has announced that it will now start charging $75 per month for the formerly free cable internet line that we have been using to broadcast our wif1 signal. Ways and means to continue this useful service are being explored. All staff members took some vacation or days off because December is usually quiet. Meeting attended: Plinkit workshop, 12/14, Fort Worth Plinkit is a State Library sponsored opportunity for hosting enhanced library webpages. We plan on participating. PROGRAMS: The scrapbooking group only met one Saturday this month. They made Christmas cards. The Storytime theme was "Poetry". During "Nursery Rhymes", kids thought the puppet play was hilarious because Jill couldn't find the right Jack. For "Animal Poems", children painted stripes on zebras and tigers by rolling painted marbles across the page which intrigued parents as well as kids. At the "Christmas Songs" program a new activity from the library in Coppell was tried, and two moms asked for copies of it. The activity was "Rudolph! Rudolph!" a flannel board poem about how the famous reindeer's nose was all different colors. BORROWER CARDS Last Month New Cards Cards withdrawn Cards reactivated TOTAL CIRCULATION Adult Nonfiction Nonfiction Videos Spanish Materials Adult Fiction Interlibrary Loan Junior Fiction Children's Nonfiction Children's Fiction Story Sacks Leased Books Paperback Fiction Magazines & Misc. Audio Books Music CDs Videos DVD Equipment Renewals TOTAL CIRCULATION INTERNET USERS PROGRAMS Children's Programs Children Attending Adults Attending Other Programs Number Attending VOLUNTEERS Number of Adults Number of Juniors Number of Hours COLLECTION Books Leased Books Paperback Fiction Audio Books Music CDs CD-ROM Videocassettes DVD Microfilm Equipment TOTAL COLLECTION REVENUE Fines Copies ILL Postage New Cards Lost Materials TOTAL DECEMBER 2007 STATISTICS December 2006 December 2007 3760 4059 53 30 0 1 10 8 3823 4096 196 248 30 18 5 6 278 321 14 10 43 89 97 67 271 214 4 3 135 234 195 198 5 9 71 69 49 64 205 174 258 327 2 6 249 0 2107 2057 866 619 6 5 71 50 23 23 0 1 0 6 2 6 3 5 25 31 15961 15678 177 183 2414 2509 538 569 342 385 142 199 875 884 292 417 71 75 3 4 20815 20903 $113.20 $133.55 $74.65 $121.50 $22.13 $8.72 $2.00 $1.75 $30.50 $211498 $296,02 Dani Shapiro's newest novel Black and White explores family re- lationships and art. Author of essays, short stories, and novels, Shapiro has examined such family issues as fer- tility difficulties, being a caregiver for an ill relative and teen pregnancy. Inspired by American photographer Sally Mann, Black and White looks at art and motherhood. Sally Mann became well-known in art circles in the late 1980's, due to controversial nude photos she took of 12-year-old girls, and then of her three children as they grew. The photos were quite polarizing; many in the art world focused on the innocence of the children, while the general public tended to see the photos as child por- nography. Shapiro uses some elements and images from Mann's life as a foun- dation for her book, but the fiction predominates. For instance, Shapiro's New York City photographer Ruth was estranged from her daughter Clara for 14 years, while Mann's fam- ily is apparently close, and based in rural Virginia. The New York media are able to intrude on Clara's daily life, but the pace and privacy of rural life gave the Mann family a life much closer to "normal". Ruth photo- graphed only Clara, while Mann had quite a few models, including her own three children. Their stories take dif- ferent turns, even though there are similar beginnings. "Black and White" By Lynne S. Smiland of the Sanger Public Library The adult Clara flashes back to photo sessions, and enjoying the at- tention from her mother, but feeling uncomfortable and confused about what Ruth has her do. She must come to terms with her childhood and her mother, and introduce her daughter to the grandmother she never knew she had. It is a moving story, primarily exploring family relationships, but bringing Art into those relationships as well. Shapiro brings a special poi- gnancy to the story, as she was once a child model, although clothed. In an article for Vogue this summer she de- scribed her mother's intense focus on her appearance, saying she, "felt caught in (her) mother's viewfinder", and in a troubled relationship with her mother as a result. In Black and White, Shapiro explores some of the possible conflicts of a mother as an artist, such as which is or should be most important, but also part of the eternal question of what, exactly, is art. Untold numbers of parents have photos of their children without cloth- ing, whether it is the five -minute -old newborn getting cleaned up for mom's inspection, or the naked bot- tom on the bearskin rug, or the glee- ful six -month -old splashing in his bath, or the three -year -old proudly displaying the chicken pox that deco- rate her body. And most parents would see these images as love and is art combined, since their child so obviously the most beautiful offspring that exists. But what is the age when such images cross the line of respect- ability? Are spontaneous snapshots of a child's nudity allowed, but posed or in a different category? Does it depend on the audience, with family acceptable, but maybe not the general public? If the photographer is an Of- ficial Artist, is he or she exempt from any or all restrictions? Shapiro has crafted a sensitive story from an unusual bit of reality, in a style similar to Jodi Picoult. The result is a book that many can relate to, since most of us had mothers. Sanger Public Library will reserve Black and White by phone, 458-3257, or in the library, at 501 Bolivar. The library can get other titles by Shapiro through Interlibrary Loan, if readers are interested.