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10/02/2006-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MEETING Monday, October 2, 2006 7:00 PM 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: September 14, 2006 - Special Called September 18, 2006 - Special Called b) Disbursements 3. Citizen's Input Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or to discuss any issues that are brought up during this section. 4. Conduct Second Public Ilearing on Annexation for the following Properties: A0029A R. BEBEE, TRACT 22B, ACRES 2.1500 5. Discuss Status Concerning Duck Creek Bridge on Rising Star. 6. Consider and Passible Action on Interlocal Cooperation Agreement for Library Services. 7. Consider and Possible Action on Resolution R# 08-15-06 Adopting Procedures for Placing Items on the Agenda. 8. Consider and Possible Action on Awarding Bid on Sanger Electric Distribution Improvement Project. 9. Consider and Possible Action on Preliminary/Final Plat for Forrest Addition, being a 3-Lot Subdivision in the E.T.J. of the City of Sanger. Property is Located on Mesquite Ilill Road, North of FM 455 East. 10. Possible List of Future Agenda Items. 11. Adjournment. Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more of the above items may be considered,�in`e��cutive session closed to the public. Any final action, decision or vote on such matter will be made`in open session following the conclusion of the executive session. 11 the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hail of the City of Sanger, Texas, a place con pie d re duly c ssible to the g rat p lie at all times, and said Notice was posted on the following date and time, — at p.m. and shall remain posted until meeting is adjourned. r Ros lie Chavez, City Secretary OL City of Sanger, Texas This notice was removed from the official bulletin board on lJ j�) t/�� at J iby I/ N NO Uj September 28, 2006 To: Mayor Joe Higgs Councilman Glenn Ervin Councilman Andy Garza Councilman Robert Patton Councilman Mike Walker Councilman Mike James From: Jack Smith, City Manager Subject: Items requested at last City Council meeting. 1. New City Hall A. Purchase necessary land B. Work with Council on design C. Start construction plans D. Presented the $150,000 offer to Mr. Ron Crosby, he will get back to us, and have started the preliminary program work with the architect. E. I spoke with Tim Dwelle Thursday, September 21', about the lumber yard. He said that he felt $250,000 was a fair price for the property. He did indicate that they would be willing to allow taps, building permit and waive sprinkler requirement to offset $50,000 of the price. They plan to build a new yard with a building of at least 8000 square feet. F. I am proceeding to speak with We Package It about their property. 2. Duck Creek Bridge A. Carter -Burgess provided an estimate for construction B. Spoke with Commissioner White and Chris Stubing (County engineer) and gave copy of estimate to each. C. Spoke with Commissioner White again September 2T". She said the design of the bridge is being done now, at their expense, and would get back with me. 3. Lois Road A. I spoke with Wal-Mart about the plans. They indicated that they had finished their work and had passed the plans on th TxDot. B. I spoke with Commissioner White, she will check with TxDot to see where they are on the plan review. 4. Building Standards for 400 sq. ft. Attached is Ordinance No. 02-03-06 reflecting the requirements on remodels. b CITY OF SANGER, TEXAS ORDINANCE N". 02-03-06 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING CHAPTER 3, ARTICLE 3.2400 "FOUNDATION REQUIREMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS;I 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 3, Article 3.2400 "Foundation Requirements" of the Code of Ordinances, City of Sanger, Texas is hereby amended to read as follows: "ARTICLE 3.2400 FOUNDATION REQUIREMENTS (a) This Article establishes the foundation requirements on all new construction. (b) A professional engineer registered in the State of Texas must design all building foundations in accordance with the current city building code. (c) An engineered foundation plan must be submitted for a commercial building at the time a building permit is requested. (d) A Class C- FHA foundation plan, provided by the City, inay be used in place of an engineered foundation plan on additions to residential structures. 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. 63967 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 PASSED AND APPROVED this 21St day of February 2006, by the City Council of the City A Sanger, Texas. ATTEST: C_ Rosalie Chavez, City S APPROVED: f J�,,fIiggs, Mayor MINUTES: CITY COUNCIL SPECIAL CALLED MEETING SEPTEMBER 14, 2006 PRESENT: Mayor Joe Higgs, Councilman Robert Patton, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Mike James ABSENT: Councilman Mike Walker OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager, Rose Chavez, Economic Development Director, Cecile Carson, Glenn Jensen, 1. Mayor Higgs called meeting to order. 2. Conduct First Public Hearing on Proposal to Increase Tax for Fiscal Year 2006/2007. Mayor declared public hearing opened. Glenn Jensen addressed City Council concerning the public hearing. Mr. Jensen expressed that sufficient notice was not given. He inquired on City website and asked that this be something the City Council considered. Mayor declared public hearing closed. 3. Meeting Adjourned. MINUTES: CITY COUNCIL SEPTEMBER 18, 2006 PRESENT: Mayor Joe Higgs, Councilman Glenn Ervin, Councilman Robert Patton, Councilman Andy Garza, Councilman Mike James OTHERS PRESENT. City Manager Jack Smith, City Secretary/Assistant City Manger Rose Chavez, Economic Development Director Cecile Carson, Water/Wastewater Superintendent Eddie Branham, Police Chief Curtis Amyx, Mark Hill Engineer Carter & Burgess, Candace Murphree, Alice Madden, Elizabeth Higgs, Yvonne Cain, Carolyn Frazier, Russell Madden, Jimmy Frazier, Liz Springer, John Springer, Bob Danley, Kem Green, Belle Lawson, Nelva Higgs, Beth Mitchell, Kristian Lindberg, Sherry Lewis, Ryan Bloom, Brad Sims, Gary Bilyeu, Tim Dwelle 1. Reception: 6:00 - 7:00 p.m. Recognizing Sanger for Keep America Beautiful Affiliate. Mayor expressed thanks and appreciation for all of their hard work and commitment in recognizing Sanger for Keep America Beautiful Affiliate. Presentation followed with Carolyn Frazier recognizing board members and thanking them for the hard work and dedication to Keep Sanger Beautiful and thanks to all contributors. 2. Mayor Joe Higgs called meeting to order, Councilman Garza led invocation, followed by Councilman Patton leading Pledge of Allegiance. 3. Receive presentation and the Certificate Recognizing Sanger as a Certified Affiliate of Keep America Beautiful. Took place during reception. 4. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.072 Deliberation Regarding Real Property and Pursuant to Section 551.074 Personnel - Deliberation on City Manager Evaluation. Mayor convened into Executive Session at 7:03 p.m. 5. Reconvene: Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session. Mayor reconvened from Executive Session at 9:25 p.m. 551.074 Personnel - No action taken in personnel. Motion made by Councilman James to allow City Manager to discuss the real estate as discussed in the Executive Session. Seconded by Councilman Walker. Motion carried unanimously. Councilman Garza requested City Manager to report back to City Council. CONSENT AGENDA 6. a) Approve Minutes: September 5, 200b b) Disbursements Motion made by Councilman Patton to approve consent agenda. Seconded by Councilman James. Motion carried unanimously. 7. Citizen's Input Sherry Lewis, 600 S. 10`" ,addressed the City Council concerning the loud noise ordinance and boom boxes. She expressed that this goes on from about 3*00 in the afternoon to 4*00 a.m., and she would like the ordinance changed for day and night violators to be ticketed. 8. Conduct Second Public Hearing on Proposal to Increase Tax Rate for Fiscal Year 2006/2007. Mayor declared Public Hearing open. Jimmy Evans inquired about the increase and if this would be under the rollback. Mr. Evans expressed that he would like the tax rate to stay the same. He spoke on alternatives for cutting the budget. City Manager advised the rate was under the rollback. Mr. Evans continued to be persistent. Mayor closed Public Hearing. Mr. Evans expressed some comments directed to the Mayor for closing the Public Hearing. 9. Conduct Public Hearings on Proposed Budget for Fiscal Year 2006/2007. Mayor declared Public Hearing open. No one spoke for or against. Mayor closed Public Hearing. 10. Conduct First Public Hearing on Annexation for the Following Properties: I aO i II i, A0029A R. BEBEE, TRACT 22B1 ACRES 2.1500 Mayor declared Public Hearing opened. No one spoke for or against. Mayor closed Public Hearing. 11. Consider and Possible Action on Appointing New Member to Planning � Zoning Commission. Motion made by Councilman Patton to appoint Brian Hutcheson to Planning & Zoning. Seconded by Councilman Ervin. Motion carried unanimously. 12. Consider and Possible Action on Ordinance #09-14-06 Amending Sewer Rates. City Manager advised that in the proposed budget for the next year, he included the increase in sewer. The ordinance reflects a residential cap of $35.00. Motion made by Councilman James to approve Ordinance #0944-06. Seconded by Councilman Walker. Motion failed 3-2. Voted for -Councilman James, Councilman Walker Voted against -Councilman Garza, Councilman Ervin, and Councilman Patton 13. Consider and Possible Action on Payment on Phase II -Sanger Clear Creek Wastewater Treatment Plant. City Manager advised that the total of this payment is $5,300.00 and is funded from the Sewer Capital Reserve. Motion made by Councilman Walker to approve the payment for Phase II of the Wastewater Treatment Plant for the work that has been completed in the amount of $5,300.00. Seconded by Councilman Patton. Motion carried unanimously. 14. Consider and Possible Action on Adopting Ordinance #0947-06 Update Service Credits in Texas Municipal Retirement System. City Manager addressed this item and advised that staff is asking that City Council increase the employees' contribution to 6%, which the city will match. The City's contribution would increase from $20,000 to $22,000 a year. City Manager explained that the revenue funds to offset this expense would be the interest of bond money. Councilman Ervin inquired as to what interest would be utilized. Discussion regarding bond interest proceeds and how they can be spent. City Manager clarified that the interest in the bonds would offset an expense in street, water, or electric improvements that are budgeted in the regular budget. This would release these funds to be utilized elsewhere. He also clarified this is 100% participation and the City's match is two for one. Councilman Walker advised that 6% is standard everywhere. Motion made by Councilman Garza to approve Ordinance #09-17-06. Seconded by Councilman Walker. Motion carried unanimously. 15. Consider and Approval of Promotional Project with the University of North Texas. Cecile Carson, Economic Development Director, advised that the 4B Board discussed and approved this project at their last meeting. This project will be a third -party survey conducted by graduate students from the University of North Texas. The survey of existing businesses will determine business satisfaction with City provided services, and inquire about expansions in place of relocation. There will also be data and research on incentive policies offered by communities similar to Sanger. The project will provide an optimal industry assessment for the community. Ms. Carson uadicated that the 4B discussed this would provide a relationship with the University of North Texas. The cost would be $5,000.00. The center may also publicize the research on their website. Councilman Walker asked if this survey would overlap the study that was already approved for Economic Development. Cecile Carson replied that this is a different concept with different goals and reiterated what she had previously mentioned. Councilman James expressed that this should be a function of the Chamber of Commerce and that they should be the ones involved in calling businesses. Ms. Carson indicated this was discussed by the Chamber when they started and they felt businesses would hesitate, possibly due to fear of competition on giving information to other individuals. Councilman James also inquired if it was possible to save the $451000.00 in the Buxton analysis and pursue this survey and get the same results. Ms. Carson indicated that these were two different levels of information and research. Discussion followed on the following issues: • Oak Point - a City who has completed the project • Benefits of the research to the City • Project origination •' Project conducted by graduate students under the direction of Dr. Bernard Weinsteen. • The research will target the top 25 businesses and will include larger employers Motion made by Councilman Ervin to approve this promotional project with the University of North Texas. Seconded by Councilman Patton. Motion carried 44. Voted for -Council Patton, Councilman Ervin., Councilman Walker and Councilman Garza. Voted against -Councilman James 16. Consider and Possible Action on Bar Screen Installation at Existing WWTP. City Manager reported that one of the major odor problems at the sewer plant is the bar screen not functioning correctly. Mark Hill of Carter &Burgess discussed the different proposals. The Huber Technologies screen by Environmental Improvements quoted at $1309516.00 and the other by Hartwell Environmental Corp., JDV Equipment quoted at $118,850.00. Mr. Hill briefed the City Council on both proposals and both screens are basically the same material and same operational characteristics. The only difference is size, one screen is taller. The longevity is 1045 years with minimal maintenance on certain parts. Discussion on the difference in price. Both screens will be efficient; they both are 304 stainless steel construction and include a control panel. Motion made by Councilman Walker to approve the purchase of the JDV equipment screen for $118,850. Seconded by Councilman James. Motion carried unanimously. 17. Possible List of Future Agenda Items. A. Councilman Walker asked staff to provide two reports to City Council for next week. 1) an negotiations on what was discussed in closed session 2) Status of negotiation with Denton County on Duck Creek bridge 11. 1) Councilman James requested a Resolution or Ordinance in the placing of items on the City Council agenda C. 1) Councilman Patton requested status of the minimum standards of 400 sq. ft on residential remodels 18. Meeting Adjourned. 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 10 MAYOR & CITY COUNCIL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08770 CPI OFFICE PRODUCTS I-49449 001-10-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 31.87 DEPARTMENT 10 MAYOR & CITY COUNCIL TOTAL: 31.87 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT ---------------- 99-00310 BCI MECHANICAL I-49441 001-15-5310 R & M BUILDIN BCI MECHANICAL:INV.111507 000000 144.37 99-00850 DENTON RECORD -CHRONICLE I-49451 001-15-5225 99-01920 NICHOLS, JACKSON, DILLA I-49422 001-15-5425 99-02190 RADIO SHACK I-49419 001-15-5210 99-02490 EMBARQ I-49457 001-15-5510 99-06990 DENTON REGIONAL MEDICAL I-49424 001-15-3440 99-08770 CPI OFFICE PRODUCTS I-49449 001-15-5210 MAPS & SUBSCR 1 YR SUBSCRIPTION LEGAL SERVICE GENERAL LEGAL SRV. 7/31-8/31 000000 OFFICE SUPPLI SURGE PROTECTOR: TELEPHONE SER PHONE SERVICE 000000 000000 MEDICAL SERVI DRUG SCREEN:R BELL / A GONZALE 000000 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 65.70 1,445.00 27.50 240.92 DEPARTMENT 15 ADMINISTRATION TOTAL: 2,068.36 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 3 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 ENGINEERING BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02140 RADIO SHACK I-49500 001-18-5210 OFFICE SUPPLI SWITCH 000000 10.00 99-14330 CARTER & BURGESS, INC. I-49942 001-18-5420 CONTRACTUAL S INV. 2667502 DEPARTMENT 18 ENGINEERING 000000 TOTAL: 228.75 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME ---------------- DESCRIPTION CHECK# AMOUNT 99-02490 EMBARQ I-49457 001-20-5510 TELEPHONE SER PHONE SERVICE 000000 146.13 99-03230 PJ'S CONVENIENCE STORE I-49478 001-20-5320 MOTOR VEHICLE FUEL 000000 3,376.99 99-08770 CPI OFFICE PRODUCTS I-49449 001-20-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 63.74 99-11570 CULLIGAN I-49447 001-20-5920 CONTRACTUAL S VIATER BOTTLE SERVICE 000000 DEPARTMENT 20 POLICE TOTAL: 45.39 3,632.25 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 22 ANIMAL CONTROL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-03230 PJ'S CONVENIENCE STORE I-49478 001-22-5320 MOTOR VEHICLE FUEL 000000 486.12 DEPARTMENT 22 ANIMAL CONTROL TOTAL: 486.12 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 24 FIRE DEPARTMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # ------------- G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-49486 001-24-5420 CONTRACTUAL S COMMERCIAL SERVICES:ICE MACHIN 000000 100.00 99-02490 EMBARQ I-49457 001-24-5510 TELEPHONE SER PHONE SERVICE 000000 46.33 99-03230 PJ'S CONVENIENCE STORE I-49478 001-24-5320 MOTOR VEHICLE FUEL 000000 1/018080 99-08770 CPI OFFICE PRODUCTS I-49449 001-24-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 63.74 99-15890 ALL AMERICAN SURVEYING I-49454 001-24-5420 CONTRACTUAL S INV.12103:SURVEY FIRE STN.PROP 000000 701.25 DEPARTMENT 24 FIRE DEPARTMENT TOTAL: 11930.12 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 7 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02490 EMBARQ I-49457 001-26-5510 TELEPHONE SER PHONE SERVICE 000000 50.60 99-08770 CPI OFFICE PRODUCTS I-49449 001-26-5210 OFFICE. SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 63.74 99-12730 LAW OFFICE STEVE POSTON I-49427 001-26-5425 LEGAL SERVICE COURT APP. 9/02 9/12 9/14 000000 750.00 DEPARTMENT 26 MUNICIPAL COURT TOTAL: 864.34 ----------------------------------------------------------------------------------- 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 ENFORCEMENT/INSPECTION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01330 JOE HAMPTON I-46815 001-28-5420 CONTRACTUAL S MOWING, CLEANUP 110 SPARK 000000 75.00 99-02490 EMBARQ I-49457 001-28-5510 TELEPHONE PHONE SERVICE 000000 24.35 99-08770 CPI OFFICE PRODUCTS I-49449 001-28-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 63.74 ----........... ----------------------------- -------------------------- DEPARTMENT -----------------------...... 28 ENFORCEMENT/INSPECTION --........... TOTAL: -------.......------ 163.09 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-49486 001-30-5310 R & M BUILDIN COMMERCIAL SERVICES:ICE MACHIN 000000 50.00 99-00790 COUNTY BUILDING CENTER I-49269 001-30-5245 OTHER OPERATI WHT SPRY PAINT:10014490 000000 10.98 99-01300 JAGOE-PUBLIC CO. I-49275 001-30-5370 STREETS HMAC PICK UP:INV 609040 000000 372.36 99-01570 LOWE'S COMPANIES, INC. I-49273 001-30-5245 OTHER OPERATI FOAM TAPE/MARKING PAINT/CLR AC 000000 225.75 99-02200 ROADRUNNER TRAFFIC SUPP I-48839 001-30-5380 STREET SIGNS JACE & JULIANNE ::INV#31725 000000 71.70 I-49132 001-30-5380 STREET SIGNS 30X30 ARROW SIGNS :: INV#31715 000000 109.00 99-02990 EMBARQ I-49957 99-02970 OFFICE DEPOT I-49277 g3230 PJ'S CONVENIENCE STORE I-49478 99-06160 LONGHORN I-99270 99-08770 CPI OFFICE PRODUCTS I-49449 001-30-5510 TELEPHONE SER PHONE SERVICE 001-30-5210 OFFICE SUPPLI BLACK INK CART. 001-30-5320 MOTOR VEHICLE FUEL 001-30-5375 MINOR EQUIPME INV:S1461329.001 000000 000000 000000 001-30-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 DEPARTMENT 30 STREETS TOTAL: 33.35 45.92 2,925.88 35.10 63.74 3,993.78 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 10 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02460 CINGULAR WIRELESS I-49266 001-32-5520 CELLULAR PHON TORD1414800 000000 49.99 99-06080 DONALD PADDACK FERTILIZ I-49276 001-32-5211 LANDSCAPE MAT RYE GRASS SEED:INV#17195 000000 46.00 99-13790 NANA'S I-99491 001-32-5221 99-15900 CITY OF DENTON FINANCE I-49345 001-32-5213 ------------- BEAUTIFICATIO KSB MEETING 9/18/06 BUILDING SUPP 55 GAL GARBAGE BAGS DEPARTMENT 32 PARKS ----------------------------------- 000000 90.00 000000 228.15 TOTAL: 369.14 ------------------------ 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND PAGE: 11 DEPARTMENT: 34 POOL BANK: S099 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00640 COMMERCIAL SERVICES I-49486 001-34-5310 R & M BUILDIN COMMERCIAL SERVICES: ICE MACHI 000000 80.00 99-02490 EMBARQ I-49457 001-34-5510 TELEPHONE SER PHONE SERVICE 000000 93.64 99-11600 LUGIE'S ELECTRIC WORK I-49272 001-34-5324 R & M EQUIPME SERVICE CALL:INV. #60 000000 85.00 DEPARTMENT 34 POOL TOTAL: 258.64 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 VEHICLE MAINTENANCE BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02490 EMBARQ I-49457 001-36-5510 TELEPHONE SER PHONE SERVICE 000000 39.01 99-03230 PJ'S CONVENIENCE STORE I-49478 001-36-5320 MOTOR VEHICLE FUEL 000000 164.39 99-08770 CPI OFFICE PRODUCTS I-49449 001-36-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 31.87 DEPARTMENT 36 VEHICLE MAINTENANCE TOTAL: 235.27 --------------------------------------------------------------------------------------------------------------------- 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 13 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 Library BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02140 RADIO SHACK I-49444 001-42-5312 R & M OFFICE BATTERIES FOR APC 700 000000 59.98 I-49457 I-49457 99-08770 CPI OFFICE PRODUCTS I-49449 99-11530 SANGER AIR & ELECTRIC I-49340 99-15250 SUDDENLINK I-49943 001-42-5510 001-42-5510 001-92-5210 001-42-5310 TELEPHONE SER PHONE SERVICE TELEPHONE SER PHONE SERVICE 000000 000000 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 R & M BUILDIN INV.# 8302006 000000 001-42-5420 CONTRACTUAL S INTERNET SERVICE @ LIBRARY 000000 DEPARTMENT 42 Library TOTAL: 41.45 72.00 63.74 140.00 205.42 582.59 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 44 Community Center BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM 4 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00200 ADAMS EXTERMINATING CO. I-49271 001-44-5223 CHEMICAL SUPP PEST -ONE TIME SEVICE 000000 135.00 99-00640 COMMERCIAL SERVICES I-49486 001-44-5310 R & M BUILDIN COMMERCIAL SERVICES:ICE MACHIN 000000 100.00 DEPARTMENT 94 Community Center TOTAL: 235.00 ---------------------------------- ------------------- ------- ---.......... --....... --------------------------------........-- 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 46 ECONOMIC DEVELOPMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02490 EMBARQ I-49457 001-46-5510 TELEPHONE SER PHONE SERVICE 000000 24.35 DEPARTMENT 96 ECONOMIC DEVELOPMENT TOTAL: 24.35 ----------------------------------------------------------------- 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 48 MAIN STREET BANK: SB99 BunGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08770 CPI OFFICE PRODUCTS I-49449 001-48-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 63.74 DEPARTMENT 48 MAIN STREET TOTAL: 63.74 VENDOR SET 001 GENERAL FUND TOTAL: 15,112.41 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 10 Mayor and City Council BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-08770 CPI OFFICE PRODUCTS I-49449 008-10-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 31087 DEPARTMENT 10 Mayor and City Council TOTAL: 31.87 ----------------------------------------------------------------------------------------------------------------------------------- 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 18 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 Administration BANK: SB99 BTinGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # ------------ G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00310 BCI MECHANICAL I-49441 008-15-5310 R & M BUILDIN BCI MECHANICAL:INV.111507 000000 144.38 99-00850 DENTON RECORD -CHRONICLE I-49451 008-15-5225 MAPS & SUBSCR 1 YR SUBSCRIPTION 000000 65.70 99-01920 NICHOLS, JACKSON, DILLA I-49422 008-15-5425 LEGAL SERVICE GENERAL LEGAL SRV. 7/31-8/31 000000 1,445.00 99-02190 RADIO SHACK I-49419 99-02490 EMBARQ I-49457 99-06490 DENTON REGIONAL MEDICAL I-49424 99-08770 CPI OFFICE PRODUCTS I-49449 008-15-5210 008-15-5510 008-15-5490 008-15-5210 OFFICE SUPPLI SURGE PROTECTOR: TELEPHONE SER PHONE SERVICE 000000 MEDICAL SERVI DRUG SCREEN:R BELL / A GONZALE 000000 OFFICE SUPPLI COPY PAPER: PENS: DATA BINDERS 000000 27.49 240.92 31.83 DEPARTMENT 15 Administration TOTAL: 2,068.32 ---------------------------------------------------------------------------------------------------------------------------------- 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 18 ENGINEERING BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02140 RADIO SHACK I-49500 008-18-5210 OFFICE SUPPLI SWITCH 000000 9.99 99-14330 CARTER & BURGESS, INC. I-49442 008-18-5420 CONTRACTUAL S INV. 2667502 000000 218.75 DEPARTMENT 18 ENGINEERING TOTAL: 228.74 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 20 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 Data Processing BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02050 PITNEY BOWES I-49421 008-19-5315 R G M MACHINE POSTAGE MACHINE 3889714-SEPT 000000 185.00 99-08770 CPI OFFICE PRODUCTS I-49449 008-19-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 63.74 99-12760 MOBILE DOCUMENT SHREDDI I-49487 008-19-5420 CONTRACTUAL S SCHEDULED PICK UP:INV.#26837 000000 99-15780 ITRON I-49455 008-19-5315 R G M MACHINE MAINT. METER READ. OCT-NOV-DEC 000000 65.00 270.00 DEPARTMENT 19 Data Processing TOTAL: 583.74 ------------------------------------------------------------------ 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 21 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 36 Vehicle Maintenance BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02490 EMBARQ I-49457 008-36-5510 TELEPHONE SER PHONE SERVICE 000000 39.00 99-03230 PJ'S CONVENIENCE STORE I-49478 008-36-5320 MOTOR VEHICLE FUEL 000000 164.39 99-08770 CPI OFFICE PRODUCTS I-49449 008-36-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 31.87 DEPARTMENT 36 Vehicle Maintenance TOTAL: 235.26 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 22 PACKET: 00666 Regular Payments::1C'/02/06 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 Water BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00590 CITY OF DENTON I-49420 008-50-5377 WATER TESTING WATER ANALYSIS: 000000 251.01 99-00640 COMMERCIAL SERVICES I-49486 008-50-5310 R & M BUILDIN COMMERCIAL SERVICES:ICE MACHIN 000000 50.00 99-02970 OFFICE DEPOT I-49277 99-03230 PJ'S CONVENIENCE STORE I-49478 99-08770 CPI OFFICE PRODUCTS I-49449 008-50-5210 OFFICE SUPPLI BLACK INK CART. 008-50-5320 MOTOR VEHICLE FUEL 000000 008-50-5210 OFFICE SUPPLI COPY PAPER: PENS:DATA BINDERS 000000 DEPARTMENT 50 Water TOTAL: ----------------------------- ------------- -------------------------------------- 22.96 2,001.65 63.74 2,389.36 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 23 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 52 Waste Water Collection BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02260 S&S TELEMETRY I-49453 008-52-5420 CONTRACTUAL S WW INV.#41 000000 2/291925 DEPARTMENT 52 Waste V]ater Collection TOTAL: 2,291.25 ------............. ---------------- ------------ ---------------------------------------------------------- 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 24 PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 Waste Water Treatment BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-02490 EMBARQ I-49457 008-54-5510 TELEPHONE SER PHONE SERVICE 000000 280.70 DEPARTMENT 59 Waste 6iater Treatment TOTAL: 280.70 9/27/2006 7:54 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 00666 Regular Payments::10/02/06 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 Electric Department BUDGET TO USE: CB -CURRENT BUDGET VENDOR NAME ITEM 4 G/L ACCOUNT NAME --------------- 99-00640 COMMERCIAL SERVICES PAGE: 25 DESCRIPTION CHECK# AMOUNT I-99486 008-58-5920 CONTRACTUAL S COMMERCIAL SERVICES: ICE MACHI 000000 100.00 99-00790 COUNTY BUILDING CENTER I-49319 008-58-6020 IMPROVEMENTS INV:10014584: SILICONE:PULLPIN 000000 I-49325 008-58-6020 IMPROVEMENTS NAILS:CHAIN:HOOK:INV:10014625 000000 99-02380 ROBERT A. SINGLETARY, P I-49322 008-58-5420 CONTRACTUAL S CIP PHASE I&2 BID PACKAGE 000000 99-02990 EMBARQ I-99957 008-58-5510 99-02610 HUGHES SUPPLY, INC I-49326 008-58-5250 99-03230 PJ'S CONVENIENCE STORE I-49478 008-58-5320 99-15910 HD ELECTRIC I-99318 008-58-6020 TELEPHONE SER PHONE SERVICE MINOR TOOLS 12V CHARGER:INV.404017-00 MOTOR VEHICLE FUEL 000000 000000 PI1Z�I�IQ/7 IMPROVEMENTS CAPACITOR CONTROL:INV62901 000000 DEPARTMENT 58 Electric Department TOTAL: VENDOR SET 008 ENTERPRISE FUND TOTAL: REPORT GRAND TOTAL: 500.00 139.66 85.00 1,723.75 1,089.00 3,667.54 11,776.78 26,889019 Date: September 29, 2006 To: Honorable Mayor and City Council From: Rose Chavez, City Secretary/ Assistant City Manager Re: Annexation of Properties This is the second public hearing on these two properties. Please see attached material for location of properties. R227880 �� R167605 R254i16 R229288 M54115 1229289 r�rY • '• i R1i8246 R59846 R59594 f R59816 R60239 1971 R197136 R89293 185Dt 2R 85D R185018 R60079 R81662 R185079 R135020 R60246 R1676M R6024i R50699' R59704 9. R167600 1709 4688 4688 4607 i9263 R59792 R173032 5977 R59 1 194 ___. ... R1676Di R602aD _ .. ... 1 673 6727 —... 67190 19263 R18910 18910 R111241 6730 6727 67191 19263 R189099 189iD R267 t - R159026 R59780- R18909 205366 67$Q 6728 67192 19263 R159027 13111� 59780 R59800 R267 R60258 1 727 53 R205967 6728 R267 6 67193 19263 6730 ti89104 R267313 6731 67311 6731 R60252 R266027 aS91D t89108 R267316 67315 731 R59800 R270618 R59825 t .. R270617 --' -- R270616 . R122955 R1676M Ri67609 R80272 R59805 Page 1 of 1 Genel ai Information 1 AZ AU Searches Property ID Search � Account Search Owner Search � Address Search � Advanced Search Property Dia � utail Sheet � History � Datasheet - Other o Reports � Resources and Forms � Supplements D Employment Analysis � Online Maps/ History L enton Central Appraisal District This website now shores 2006 Certified values Pro; erty Detall Sheet (R167502`J Gla Map Datasheet Owner lnfiormafioI Owner ID: 0529679 Owner Name: TRIBE INVESTMENTS Owner Address 1110 E COLLINS BLVD STE 135 RICHARDSON,TX 75081-2340 Property Address: FM455 Parcel Information Legal Description: A0029A R. BEBEE, TRACT 22B, ACRES 2.1500 Acreage: 2015 Cross Reference: A0029A-000-0022-0001 Undivided Interest: 100% Exemption Codes'. Entity Codes: G01 (Denton County) S14 (Sanger ISD) Deed Type: WD With Vendors Lien Deed Book: Deed Page: 03-187654 Map Page: Click here to view your 2006 certified values and prior history. � Appraisal -- � GIS Help Land e 2005 Tax Rates ID Type SPTB Acre Market a Public Notices e G!S Data Downloadsand1_ 3 (Pasture) D2 (D2 - Non Ag Use Acreage) 2.15, Unavailable ® Disclaimer 6,q�iw 4Adobe Acrobat Reader 5.0 (minimum) is required to view pdf documents. Reader Acrobat Reader is a free program available here. http://www. dentoncad.coinlAppraisal/PublicAccess/ProperiyDetail. aspx?PropertylD=23 9... 08/03/2006 R167602 Page 1 of 1 CurrentOwrSer _ LegaiDessription Exemptions AAt»sad r . ,_ TRIBE INVESTMENTS (0529679) A0029A R. BEBEE, TRACT 22B, ACRES 2.1500 Unavailable 1110 E COLLINS BLVD STE 135Ile- - RICHARDSON,TX 75081-2340Ent�t t#Qrnesfearf Gap y .,. . , �,.�._ �, ._. .__.,.. G01, S14 N/A Sites Address silstoryniormali9n FM455 2006 2D05 2004 _ 1003 Imp HS $0 Imp NHS $0 __ Sales Land HS $0 = �aYe volume Pa a Seiler ame __ Land NHS $16,929 $151 $102615 03 187654 v PHILLIPS RONNIE Ag Mkt $0 $17,615 03A87651 J & I. PARTNERS Ag Use $0 $1,423 Tim Mkt $0 Tim Use $0 - - - - HS Cap Assessed $163929 $15,990 $10,615 $1,423 ell Ile 7 1m rove ent Ske c rIlee _ _. Hetitd3rtgAtribtttes p! - — m _ ._w �Y. .. . _.. , � a.. , _ . , w.. — ConstraZf�an Foundation--Extezigr interior i;oof Floell org Ile Heat7AC Baths F3repta77 ceell Year $alit �Raoms 8gdroortrs ,: Type Dscripfion 'A'rea �" Year Built "EffearValue. le .:. _ LandSegment _ PTB De npfionw Areay Market Agl{alue D2 Pasture ~ 2,15000 ' W Ail Wqh1w pr Date: September 29, 2006 To: Honorable Mayor and City Council From: Rose Chavez, City Secretary/Assistant City Manager Re: Duck Creek Bridge This item is a discussion item. Please refer to City Manager's memo regarding this matter. Date: September 29, 2006 To: Honorable Mayor and City Council From: Rose Chavez, City Secretary/ Assistant City Manager Re: Interlocal Agreement Library Vicky Elieson, City Librarian advised that this agreement with the Denton County is identical as last year and is recommending approval. To: Jack Smith From: Vicky Elieson, Library Director Date: September 185 2006 Re: Interlocal Agreement I have approved the Interlocal Cooperation Agreement as to content, but have corrected the mailing address for the library on page 4. Jennifer Stout assured me it was all right to do that. I believe that I am usually named as the liaison on page 2, but have left that to you. BRUCE ISAACKS CRIMINAL DISTRICT ATTORNEY CIVIL DIVISION Thomas F. Keever, Cltief David L. Finney Hugh Coleman John Feldt Brody Shanklin R. Matthew Graham September 13, 2006 Sanger Public Library Vicky Elieson 501 Bolivar St. Sanger, Texas 76266 I450 East McKinney, Suite 3100 P. 0. Box 2850 Re: 2006-2007 Interlocal Cooperation Agreement for Library Services Dear Vicky Elieson: Denton, Texas 76202 (940) 349-2750 Fax (940) 349-2751 Enclosed please find three (3) original Agreements for Library Services between Denton County, Texas, and City of Sanger. Please obtain the necessary approval of the Agreements, execute them and then mail back to me at the above listed address. Upon receipt of the executed Agreements, I will have them placed on the agenda for Commissioners Court approval. Your immediate attention to this matter would be appreciated. The 2005-2006 Agreement expires on September 30, 20069 Thank you in advance for your cooperation and assistance in have any questions, concerns and/or corrections to the Agreement„ contact me at 940-349-2753. Encls. this matter. Should you please do not hesitate to 3 STATE OF TEXAS, § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made and entered into by and between Denton County, a political subdivision of Texas, hereinafter referred to as "COUNTY," and the City of Sanger, a Municipality of Denton County, Texas, hereinafter referred to as "MUNICIPALITY." WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the City of Sanger is a duly organized MUNICIPALITY of Denton County, Texas engaged in the provision of library service and related services for the benefit of the citizens of MUNICIPALITY; and WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to provide library services for all residents of COUNTY; and WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Act; and V.T.C.A., Local Government Code Chapter 323, County Libraries. NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration hereinafter stated, agree and understand as follows: I. The term of this Agreement shall be for the period from October 1, 2006, through September 30, 2007. II. For the purposes and consideration herein stated and contemplated, MUNICIPALITY shall provide library services for the residents of COUNTY without regard to race, religion, color, age, disability and/or national origin. Upon proper proof by individuals) of residence in COUNTY, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. MUNICIPALITY shall develop and maintain through the Library one or more of the following programs of service: Educational and reading incentive programs and materials for youth. 2006-2007 ICA -LIBRARY AGREEMENT ' Page I of 6 Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for all ages. Outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of life for adults. COUNTY designates the County Judge to act on behalf of COUNTY and serve as liaison officer for COUNTY with and between COUNTY and MUNICIPALITY. The County Judge or his designated substitute shall insure the performance of all duties and obligations of COUNTY herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this agreement. The County Judge shall provide immediate and direct supervision of COUNTY's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. IV. MUNICIPALITY shall designate to act on behalf of MUNICIPALITY and to serve as liaison officer of MUNICIPALITY with and between MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement. shall provide management of MUNICIPALITY's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. MUNICIPALITY shall provide to COUNTY a copy of the annual report submitted to the Texas State Library and shall respond to COUNTY's annual questionnaire as documentation of MUNICIPALITY's expenditures and provision of service. V. The MUNICIPALITY shall be solely responsible for all techniques, sequences, procedures, and for the coordination of all work performed under the terms and conditions of this agreements shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the 2006-2007 ICA -LIBRARY AGREEMENT Page 2 of 6 MUNICIPALITY stated in this Agreement; and shall give all attention necessary for such proper supervision and direction. VI. The MUNICIPALITY agrees that its library department shall assume the functions of a COUNTY library and agrees to provide a librarian who holds or secures a County Librarian's certificate from the Texas State Library and Archives Commission pursuant to Local Government Code, Section 323.011(b). VII. COUNTY shall have full responsibility for the acts, and negligence of all COUNTY's employees, agents, sub -contractors, and/or contract laborers, performing work under this Agreement. VIII. MUNICIPALITY shall have responsibility for the acts and, negligence, of all the MUNICIPALITY's employees, agents, sub -contracts, and/or contract laborers performing work under this Agreement. IX. This Agreement is not intended to extena the Ilaolii�y ul «�� yal «�� .,� �� -��• r-� ------ by law. Neither MUNICIPALITY nor COUNTY waives any immunity or defense that would otherwise be available to it against claims by third parties. X. MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of COUNTY. XI. COUNTY understands and agrees that COUNTY, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. XII. Any notice required by this Agreement shall be delivered in writing by either COUNY T or MUNICIPALITY to the following addresses. 2006-2007 ICA -LIBRARY AGREEMENT Page 3 of 6 The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-349-2820 The address of the Municipality Sanger Public Library Sanger, Texas 76266 Attention: Vicky Elieson Telephone: 94045 8-3257 XIII. For the full performance of the services above stated, COUNTY agrees to pay MUNICIPALITY fees as described herein. COUNTY shall pay MUNICIPALITY fees in the amount of $.769 per capita, for a total of $ 7,369.00, based upon North Central Texas Council of Governments population figures provided to COUNTY by the Library Advisory Board, payable in equal quarterly installments to MUNICIPALITY commencing October 1, 2006. In addition, COUNTY agrees to pay MUNICIPALITY an amount not to exceed $10,000 in matching funds upon the following conditions. 1) MUNICIPALITY shall attempt to secure funding from sources other than COUNTY. 2) Upon receipt of additional funding, MUNICIPALITY shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. 3) COUNTY shall match MUNICIPALITY's additional funding in an amount not to exceed $10,000. 4) Payment by COUNTY to MUNICIPALITY shall be made in accordance with the normal and customary processes and business procedures of COUNTY, and payment shall be satisfied from current revenues of the COUNTY. All handing by COUNTY to MUNICIPALITY is subject to the condition that MUNICIPALITY will have in place technology protection measures (commonly referred to as "falters") with respect to any computers used by the public that have Internet access which are designed to block access through such computers to visual depictions that are (1) obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography. The 2006-2007 ICA -LIBRARY AGREEMENT Page 4 of 6 technology protection measures shall be in compliance with the Children Is Internet Protection Act. MUNICIPALITY hereby certifies that its libraries have either installed and are using the required technology protection measures during use of its computers that have Internet access by the public at the present time or will have such protection measures in place and operational by October 1, 2006. XIV. This agreement may be terminated at any time, by either party giving sixty (60) days advance written notice to the other party. In the event of such termination either by party, MUNICIPALITY shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XV. This Agreement represents the entire and integrated agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement maybe amended,only by written instrument signed by both MUNICIPALITY and COUNTY. XVI. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable and all compensation payable in Denton County, Texas. XVII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XVIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties 2006-2007 ICA - LIBRARY AGREED4ENT Page 5 of 6 hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals in Denton County, Texas, by the authorized representatives. COUNTY Mary Horn, County Judge Denton County, Texas Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas ATTEST: Denton County Clerk APPROVED AS TO FORM: Assistant District Attorney MUNICIPALITY By — Name: Title: City Council Meeting Dated ATTEST: City Secretary APPROVED AS TO FORM: City Attorney AP^/APROVED AS TO CONTENT: ram_ Director, Library Services AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ _ to accomplish and pay the obligation of Denton County under this contract. James Wells, Denton County Auditor 2006-2007 ICA -LIBRARY AGREEMENT Page 6 of 6 Date: September 29, 2006 To: Honorable Mayor and City Council From: Jack Smith, City Manager Re: Resolution Adopting Procedures for Placing Items on Agenda The attached resolution was sent to the City Attorney for review and recommendations. Staff was not sure as to City Council intentions on who could place items on City Council agenda. RESOLUTION #U54 )5 UO A RESOLUTION SETTING GUIDELINES FOR PLACING ITEMS ON THE CITY COUNCIL AGENDAS FOR DISCUSSION AND/OR ACTION. WHEREAS: The City Attorney has advised that a policy should be placed in effect for the purpose of placing items on the agenda. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS: SECTION 1. That SECTION 2. SECTION 3. agenda. agenda. meeting. and can place items on the and Council Member can agree to place items on the and SECTION 4. Mayor can call an emergency meeting. PASSED, APPROVED, AND ADOPTED THIS Joe Higgs, Mayor ATTEST: Rosalie Chavez, City Secretary can call a special called day of , 2006. Date: Augustl8, 2006 To: Honorable Mayor and City Council From: Rose Chavez, City Secretary/Assistant City Manager Re: Items on Council Agenda We have contacted several cities to get their policies on placing items on Council Agendas, the feedback we received was as follows. City of Decatur - No policies City of Pilot Point - No policies City of Gainesville - No response City of Trophy Club - has Agenda Management software, all items must be in on the Wednesday prior to the meeting and All items are approved by the City Attorney. -- City of Denton -has an Agenda Committee consisting of the Ciiy Manager, the Mayor, the Mayor Pro -Tern and the Deputy Mayor Pro-Tem. It takes two committee members to agree that an item be placed on an agenda. All agenda items have to be provided at least two weeks'prior to the scheduled meeting. The only time an item can be added at a later date is if it is an emergency, and the latest date for an emergency is the Thursday prior to the meeting. City of Argyle -the Mayor or the City Manger can place an item on the agenda OR three council members can agree to place an item on the agenda. City of Bartonville -the Mayorand/or 3 Council members may place an item on the agenda. We have placed a resolution in the packet; however, Council will need to direct staff on the procedures they wish to follow. The procedure can be placed in the motion with passage of the Resolution. Date: September 29, 2006 To: Honorable Mayor and City Council From: Rose Chavez, Assistant City Manager Re: Award Bid on Sanger Electric Distribution Improvement Project There was only one bid submitted by Flowers Construction in the amount of $525,669.20. The bid document consists of 100 pages plus construction documents that are impossible to copy. We have those documents in the office and will have them available at the council meeting for your review. This is the second time we have placed this project for bid. Staff did advertise in our local newspaper, Dallas Morning News and Denton Record Chronicle. This will begin our Capital Improvement Project on our 2006 Bond Issue. Date: 28day of September 2000 TO: Honorable Mayor and Council members City of Sanger, Texas entlemena be undersigned proposes to perform the materials construction as specified in the attached documents. compliance with all specifications included herein. All prices offered above are firm unless exception noted as provided in the Instructions to Bidder's section. 0 .0 Subcontractors The undersigned proposes that he will perform all of work with his own forces and that no portion of the work will be subcontracted. Addenda The undersigned Bidder acknowledges receipt of the following addenda, which have been considered in preparing this proposal. Number Dated Number Dated Number Dated The bidder shall install all materials and equipment furnished by the Owner and fiurush and install all other materials required for the construction of 12.5 kV distribution lines with associated facilities as per these specifications. The lump sum price is a firm price, includes furnishing and installing complete the specific units designated, and includes all associated costs and overhead and profit markup. Dollars, {$.$2 5, 4.0 5.0 Proposal S� Owner Furnished Material Contractor Labor & Material Phase I Approved Contingency Total Contract Amount Declaration and Si�atures $ 10,000.OQ $ Ste`' The undersigned declares that he has visited the site of the work and familiarized himself with the conditions affecting the work. Enclosed herewith is the required proposal guarantee in the amount of five percent (5%) of the total price bid, (SEE ATTACHED BID BOND) $ 26 2330 T which the undersigned Bidder agrees is to be forfeited 'to and become the property of the Owner, should this Proposal be accepted and a Contract be awarded to him and should he fail to enter into a Contract in the form prescribed and to fiunish the required bands, but otherwise the aforesaid proposal guarantee will be returned upon his signing and Contract Agreement and delivering the approved bonds. The undersigned Bidder further agrees that, in case of default in execution of such Contract Agreement with necessary Bonds, the check or Bond accompanying this proposal and the money payable therein (a) shall cover the costs associated with such default, (b) shall cover a portion of the costs associated with such default and the Bidder shall be liable for the balance, or (c) the residual obligation of such Surety, after deducting the costs associated with such default, shall be released to the Bidder. The undersigned hereby declares that only the persons or fines interested in the proposal as Principal or Principals are named herein, and that no other persons or firms than herein mentioned have any interest in this proposal or in the Contract to be entered into; that this proposal is made without connection with any other person, company, or parties likewise submitting a bid or proposal; and that it is in all respects for and in good faith, without collusion or fraud. If this proposal is accepted, the undersigned Bidder agrees to perform the work in accordance with the specified schedule. The undersigned fully understands that the time of completion of the work is vital to the completion of the project and is of the essence of the Contract. If written notice of the acceptance of this proposal is delivered to the undersigned within 60 days after the time set for receipt of proposals, or any time thereafter before this proposal is withdrawn by the Bidder, the undersigned will., within ten (10) days after presentation of the document for signatures, execute and deliver to the City of Sanger a Contract in Sthe form of the Contractor's Bond attached, complete with acceptable bonds. 10 Dated at this 22 n day of 5eple, 20066 Bidder l ow eor-5 Cor, s`it"t 2 CpT ny 1 L p (SEAL) By (Signatuxc) (Printed or Typed) ' Title Apes "% Attest: (see) Complete Business Address of lOck r Ala Ilsbo�o ..� x 76b �F5 State of Incorporation �� BoX ►a n7 REBECCA ANN ENDERS Notary Public, State of Texas My Commission Expires March 10, 2007 11 Name, Address of Principal Office l UWeyS BOAS PUC 10 t3QK 10%o7 4415 L& 766ef s Name, Address, Telephone Number of Person. to Contact Regarding. this Proposal. Tnclude both mail and street address. ►� 4,13 t•� y 1 5l 7 1�0oX Zzl/ 5 �ef`r�ta r� T K 75y t t Telephone `I 3 5q 3 � O q Telephone i(� Lo ) b 7 - :614 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Flowers Construction Co. LP as Principal, hereinafter called the Principal, and Safeco Insurance Company of America a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto City of Sanger as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid WA Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors -and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Electric Power Distribution Facilities Improvement Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of September Flowers Construction Co., LP (Witness) Safeco Insurance Company of America (Surety) (Wifness) Pamela A. Nelson AIA DOCUMENT A310 ®BID BOND ®AIA • P'EBRUARY 1970 ED. ®THE AMERICAN INSTITUTE OP' ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2006 (Seal) (Seal) (Title) POWER Safeco Insurance Companies OF ATTORNEY Se Box 3 Seattle, WAA 98124-1526 No, 659 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***************JOHN CLAEYS; JOAN M. COUNCILMAN; RONALD J. LANGE; JAY A. MILEY; PAMELA A. NELSON; Seattle, Washington**************** its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this STEPHANIE DALEY-WA(T,SSON, SECRETARY CERTIFICATE day of MIKE PETERS, PRESIDENT, SURETY Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2005 "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, owever, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Aftomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WIT NESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-0974lDS 4/05 this 28th day of SPptCmber 2006 STEPHANIE DALEY-WATSON, SECRETARY Safeco and the Safety logo are registered trademarks of Safeco Corporation. u�i3e7'S' �7H September 29, 2006 To: Honorable Mayor and City Council Fr: Samantha Renz, Engineering Coordinator Re: Forrest Addition Attached is the information on this request. The Surveyor will be bringing corrected plats prior to the meeting. There is a reduced copy of the plat attached. The Planning and Zoning Commission is meeting at 6:00 p.m. prior to the Council meeting. Staff will provide their recommendation at the meeting. Mayor & City Council Sanger, Texas September 28, 2006 We would appreciate your review of attached property for platting purposes. We are requesting a variance on the ETJ Sub -Division Road requirements. This Road has been in place since the late I960`s. We are applying under Denton County Sub -Division ordinance to activate the option of 6 lots on a Private Road. Under this ordinance, We do not have to meet normal requirements for paving and 60 ft. easements. We would also ask for variances on the drainage analysis, the 2.02 -acres involved has a natural drainage to a culvert under the road, and then natural flow to a 4 acre lake. We would also, request a variance on sidewall� requirements, We are not attempting to develop a Sub -Division, We are only trying to sell a 2.02 acre tract on the southwest corner of property, to Buddy Caston. His Son Will. Ellis owns the 2 acres adjoining this tract. The property already has Bolivar Water, and Co-Sery surrounding it. We are asking for variances so t3.iat Mr, C�.ston and His Wife can start building their home. They have been Homeless for over a year now, Everything they owned was destroyed by Hurricane Katrina in Biloxi, Ms. Last August 28, 2005. We will appreciate your consideration of this matter. Thank You Johnny Forrest Mary For�•est £0'lL4 f a` S q @ m .�.. g� y t;l Cn O O O O iOL, i ouaJ tanner fiu;�>:)l:t=t' 3 g euq fo U&9000151 L9Zrcur,rfe'c n' too, m 'O z 3 �o z .n r7 N N � Ja oo•esa 3 .pp,l9.t0 S z 401 S. LOCUST St. Suite 1058 Denton, TX 7b201 Office:940.380.9453 Fax:940.380.9431 September 27, 2006 Mr. Jacic Smith City Manager City of Sanger P.O. Box 1729 Sanger, Texas 76266 Re: Forest Addition Final Plat & Construction Plans AE No.: SAN04GS Dear Mr. Smith: Allison Engineering reco�mnends denial of the Final Plat. Ow• recormnendation is based upon the following considerations: ➢ The site is located in the extraterritorial jurisdiction of Sanger. It is not subject to zoning requirements. It must meet all of the minimum requirements of Denton County as well as those of Sanger. ➢ We do not have any record of an approved preliminary plat. Please see the subdivision regulations for the required contents of a preliminary plat. ➢ The development as presented does not qualify for a short form process. ➢ A drainage analysis has not been presented with the final plat. ➢ The title refers to only Lot 1, Block A, but the drawing and legal description includes Lots 1, 2 and 3. ➢ There is not a road dedication for Mesquite Hill Road. A 60 foot right of way is required per the Denton County regulations. ➢ Sidewalks may be required. If the applicant desires any variances from the City subdivision regulations, then they must file a written request with the City. The request may be presented before the plat is brought forth or at the same time. In either case the request must be clearly presented. The applicant may also desire to present the preliminary plat and the final plat to the City at the same time. For such a small development, this is acceptable. The preliminary plat will be place on the various agendas before the final plat. If the preliminary plat should not pass, then the final plat will not be considered at that meeting. Current tax certificates must be provided to the City before the plat can be filed with the County. Allison Engineering's review of submittals for land development projects is only intended to establish a reasonable level of confidence that the developer is complying with applicable rules and regulations. Our review is not intended to provide quality control nor assure anyone that the Pagel of2 Planning Communities -Designing the Systems That Serve Them F:\,1'ro=4Xis1:;AN'.)4GS General Sereica�s'I,Stfb T?irisEo>3 Idevie��°s`30OtilForrest <1cldiYion;2{1{�fi-o9-l" F;na! Piat Ite?�..�Ioe development is fully compliant. The responsibility for compliance remains solely with the developer throughout the process; from zoning and platting through construction and the warranty period. The developer is responsible for correcting all deficiencies, regardless of the time they are discovered. We appreciate the opportunity to continue providing professional services for the Ciiy of Sanger. Please call if you have any questions or need any additional information or clarification. Respectfully Submitted, f2llison Engineering Group, LP Lee K. Allison, P.E., FNSPE Xc: Rose Chavez Eddie Branham John Henderson Mike Prater Samantha Renz Pat Dunlap Wilhite Land Surveying, Inc. Page 2 of2 Planning Communities -Designing the Systems That Serve Them �?:`•1',�:,;st'.�;Stii}��fi.`i (aen<::aE ServSce�;�Sub Division Itev;Ints'.?= ii�'•,1�t}irKst :lciciitintt'•%�Ui?(i-tt9-i" t inai fiat Re.•...ic;c. September 18I 2006 Number 10 GOVERNOR'S TASK FORCE WILL CONSIDER APPRAISAL AND REVENUE CAPS On August 21, 2006, Governor Perry announced the creation of a Texas Task Force on Appraisal Reform (the Task Force). According to the governor's executive order, the Task Force. ...should seek, consider, and evaluate expert and public testimony on the overall appraisal process as it relates to each of the broad stages of the property tax system: valuing the taxable property; protesting the values; adopting the tax rates; and collecting the taxes ensuring all property is valued in an equal and uniform manner. The Task Force was asked #o make recommendations to the governor, lieutenant governor, and speaker of the house prior to the start of the 80'� Texas Legislature on January 9, 2007. A Fort Worth Star Telegram article recently quoted Governor Perry as follows regarding the perceived need for the 'Task Force: N Note: When you receive this TML Legislative Update, please make copies of it and distribute them to members of the governing body and to depart- ment heads as appropriate. TML'sends only one copy to each city, and we rely on those who receive it to distribute it. Thanks for your help. . Published by the Texas Municipal League 1821 Rutherford Lane, Suite 400, Austin, Texas 787'54-5128 512.231-7400, Fax 512-231-7490 www.tml.org Texans have been besieged by skyrocketing appraisal values that in many cases exceed population growth and inflation. I believe in local control. .But I also believe ifpeople are going to pay more in taxes to local government, it ought to come because of a vote and not the appraiser's note. The fact is, I think there's been a wink and a nod for years of when local folks needed some money. Rather than having to raise tax rates, just raise appraisals. His statements clearly indicate that the governor is interested in several ideas long considered harmful by Texas cities: (1) appraisal caps ("besieged by skyrocketing appraisals"); (2) revenue caps; and (3) "reform" of appraisal district operations ("wink and a nod" between appraisal districts and local governments). Will the Task Force be sympathetic to the governor's concerns? According to a story in the Houston Chronicle, Task Force Chairman Tom Pauken said he wants the panel to consider new limits on local government revenue growth and a lower annual cap, now 10 percent, on property reappraisals. Pauken also said that it is equally important to consider adding taxpayer representation to local appraisal boards, requiring real estate sales prices to be publicly disclosed, and restricting the unfunded programs that the legislature imposes on cities, counties, and school districts. ---- - The schedule for Task Force hearings follows. Exact times and -locations for some hearings are not available at present, but will be posted as a link on the home page of the TML Web site as soon as they are known: www.tml.org. September 21—Lubbock: l :00pm, Texas Tech University Museum Auditorium, 3301 Fourth Street September 22 — Amarillo: 9:OOam, Room 112, Amarillo College Polk Campus Business and Industry Center, 1314 Polk Street October 4 (pm) —Tyler October 5 (am) —Lufkin October 18 (pm) — Harlingen October 19 (am) — Corpus Christi November 9 (pm) — El Paso November 10 (am) — San Antonio November 16 (pm) — Dallas November 17 (am) — Houston November 21— Austin (final hearing) Interested city officials are encouraged to attend these hearings and testify about the effects of appraisal cap and revenue cap proposals on local finances. Detailed information about these caps is available in nearly every back issue of the TML Legislative Update over the past two years. Those articles can be found here: http://www.tml.orWIegis updates.html. "TAXED OUT OF THEIR HOMES" -- REALLY? A common rallying cry in the push for local government appraisal caps and revenue caps is that Texans are being "taxed out of their homes." Supposedly, vulnerable seniors are most often "taxed out of their homes," but apparently no homeowner is immune. Who are these people? Do they really exist? It is doubtful that many do exist, for several reasons. (1) People who do actually lose their homesteads usually lose them foir reasons other than taxes. Sometimes people buy too much home and then can't make the payments when financial setbacks occur. According to an economist with the Texas A&M University Real Estate Center, as quoted in a recent Dallas Morning News article, "A number of people -stretched themselves to the hilt to get qualified for even higher -priced homes than they could reasonably have expected to get in the past. I think this frenzy of easy credit has led to the high numbers of foreclosures." According to a Freddie Mac economist quoted in the same article, two-thirds of foreclosures are triggered by a financial setback such as unemployment, curtailment of income, or some kind of illness or death in the family. In increasing numbers, homebuyers take out risky adjustable rate mortgages (AItMs) and can't make the payments when interest rates rise. "Customers have gotten themselves into loans they probably didn't understand," said Bob Caruso, a mortgage servicing executive with Bank of America, in the Dallas Morning News article. "Loans with adjustable rates do actually adjust upward." A final mortgage problem is that some homebuilders exclude taxes on the new house from the estimated escrow payments when helping homebuyers pre -qualify for loans. Instead, they base their estimates on the value of the land only. This 3 oversight makes it easy to qualify for the loan itself, but totally misleads the buyer about taxes that will be due. All these problems are real, and can no doubt lead to foreclosures. But none of these problems is a direct result of rising tax bills. (2) There is absolutely no reason for seniors to be taxed out of their homes. Seniors already benefit from a host of property tax exemptions that allow them to pay lower property taxes than others —generous optional homestead exemptions and tax freezes. If these are not sufficient, however, a senior can simply file a "deferral" form at the local tax office. After this filing, a senior need not pay any more property taxes at all for the rest of his/her life. Deferred taxes are paid out of the sale price of the home. Having taxes come out of the estate may have its downsides, financially and psychologically, but it's a far cry from getting taxed out of a home. (3) In such states as Florida, many first-time homebuyers cannot afford to purchase homes in established neighborhoods. This is not because of the size of local government tax levies, however, but because appraisal caps —three percent in Florida —shift the tax burden from established homeowners to new homebuyers, because the appraised value of a home "pops up" to market value when the home is sold. If Texas goes to a lower appraisal cap, people may get "taxed out" of buying the home they want to, but it won't be because of local government tax levies. It will be aside -effect of the lower appraisal cap. Nobody likes to pay taxes, and property taxes tend to be a more visible target than sales taxes. But the idea that taxes are literally driving hundreds of people from their homes is very likely an urban myth. PARKS FUNDING Revenue from state sales taxes on sporting goods is supposedly earmarked for the Texas Parks and Wildlife Department. In past years, $15.5 million of that earmarked sales tax revenue has been credited to a state parks fund, and another $15.5 million has been credited to a local parks fund to be used, among other things, for grants and loans to local governments for parks. In each of the past two legislative sessions, large percentages of state and local parks funding have been cut from the state budget, with the result that much of the sporting goods sales tax revenue goes straight to the state's general fund. Less than one -fifth of the tax revenues generated by the sporting goods sales taxes currently goes to park funding. Local park funding through the sporting goods sales tax has dropped to $5.2 million for the current biennium (from a high of $15.5 million). Also, state general revenue funding of local parks grants has dropped from $4.9 million to $0.4 million. Recently, state legislators have responded to criticism about these cuts in parks Funding, and some are promising to restore the appropriation of the sporting goods sales tax revenue to parks. Not all of these promises mention local park grants, however. On August 24, 2006, an advisory committee appointed by the Texas Parks and Wildlife Commission issued a report that makes numerous recommendations, including a call on the legislature to fully fund the park system with the existing sporting goods tax. The report specifically recommends that the amount of the sporting goods sales tax revenue dedicated to the local grant program be increased to $25 million annually. The bottom line is that the pendulum of park funding by the state may be shifting in a positive direction. City officials who meet with their legislators in the next few months prior to the 2007 legislative session may wish to emphasize that restored local park funding is vitally important to the state. G UNDO S.B. 480 and H.B. 951, passed during the regular session of the 79�' Legislature, govern a city's ability to assess a charge for the placement, construction, maintenance, repair, replacement, operation, use, or removal of a hazardous liquid, carbon dioxide, or gas pipeline facility on, along, or across a public rightg-of-way. The bills: (1) authorize a city to assess a reasonable, annual charge for the use of the public rights -of --way that are maintained by the city for a hazardous liquid, facility; (2) authorize a city to recover the carbon dioxide, or gas pipeline reasonable cost of repairing damage to the public rights -of -way located within the city and maintained by the city that is caused by the placement of a pipeline facility, if the owner or operator of the facility does not repair the damage in accordance with the city's standards; (3) provide that the owner or operator of a pipeline facility may appeal a city's assessment of a charge to the Railroad Commission; (4) require a city to file suit to collect a charge not later than the fourth anniversary of the date the charge becomes due; and (5) authorize a city to require the relocation of a pipeline facility for a city project at the owner's expense, unless the pipeline facility is authorized by a property right that has priority over the city's right to use the public way for the city facility. The Railroad Commission has proposed rules to enact the provisions of these two bills, to be located at 16 TAC 7.6001-7.6007. Cities will be fiscally affected by the rules if their assessed charges or related franchise fees are appealed to the Railroad Commission by a pipeline operator. Comments on these proposed rules may be submitted to the Railroad Commission until September 25, 2006. More information on these proposed rules, including a link to the text of the proposed rules, may be found at: http://www.rrc.state.tx.us/rules/proposed.html. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League For faxt6er information contact the T1�4L legislative Services Depnrttnent 1821 Rutherford Lane, Suite 400, Austin, Texas 78754.5128 • 512-231-7400, Fax 512-231-7490 vrwvr.tml.org