09/18/2023-CC-Agenda Packet-RegularCITY COUNCIL
MEETING AGENDA
SEPTEMBER 18, 2023, 7:00 PM
CITY COUNCIL REGULAR MEETING
HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS
CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM
INVOCATION AND PLEDGE
CITIZENS COMMENTS
This is an opportunity for citizens to address the Council on any matter. Comments related to
public hearings will be heard when the specific hearing begins. Citizens are allowed 3 minutes
to speak. Each speaker must complete the Speaker’s Form and include the topic(s) to be
presented. Citizens who wish to address the Council with regard to matters on the agenda will
be received at the time the item is considered. The Council is not allowed to converse,
deliberate or take action on any matter presented during citizen input.
SPECIAL PRESENTATIONS AND ANNOUNCEMENTS
Mayoral proclamations, presentations of awards and certificates, and other acknowledgments of
significant accomplishments or service to the community.
1. Citizens Life Saving Award
CONSENT AGENDA
All items on the Consent Agenda will be acted upon by one vote without being discussed
separately unless requested by a Councilmember to remove the item(s) for additional
discussion. Any items removed from the Consent Agenda will be taken up for individual
consideration.
2. Consideration and possible action on the minutes from the September 5, 2023,
meeting.
3. Consideration and possible action to execute an agreement with Communities
Foundation of Texas to receive a donation of $5,000 from the Noble Fund (No. 06528)
and authorize the City Manager to execute said contract.
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4. Consideration and possible action on Ordinance 09-26-23, amending the budget for the
2022-2023 fiscal year and authorizing amended expenditures as provided; providing
for the repeal of all ordinances in conflict; providing a cumulative clause; providing for
a severability clause; and providing a savings clause; an establishing an effective date.
ACTION ITEMS
5. Consideration and possible action awarding the bid to Power Standard for the IH-35
Electric Utility Relocation Project and authorizing the City Manager to execute the
agreement and all necessary documents.
FUTURE AGENDA ITEMS
The purpose of this item is to allow the Mayor and Councilmembers to bring forward items they
wish to discuss at a future meeting, A Councilmember may inquire about a subject for which
notice has not been given. A statement of specific factual information or the recitation of
existing policy may be given. Any deliberation shall be limited to a proposal to place the subject
on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with
a consensus of the Council or at the call of the Mayor.
INFORMATIONAL ITEMS
Information Items are for informational purposes only. No action may be taken on items listed
under this portion of the agenda.
6. Atmos Annual Gas Cost Reconciliation Filing 08-16-2023
7. Atmos GCR Rate Filing Docket No. 10170 08-23-2023
ADJOURN
NOTE: The City Council reserves the right to adjourn into Executive Session as authorized by
Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item
on its open meeting agenda in accordance with the Texas Open Meetings Act, including,
without limitation Sections 551.071-551.087 of the Texas Open Meetings Act.
CERTIFICATION
I certify that a copy of this meeting notice was posted on the bulletin board at City Hall that is
readily accessible to the general public at all times and was posted on the City of Sanger
website on September 14, 2023, at 10:00 AM.
/s/Kelly Edwards
Kelly Edwards, City Secretary
The Historical Church is wheelchair accessible. Request for additional accommodations or sign
interpretation or other special assistance for disabled attendees must be requested 48 hours
prior to the meeting by contacting the City Secretary’s Office at 940.458.7930.
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CITY COUNCIL COMMUNICATION
DATE: September 18, 2023
FROM: Kelly Edwards, City Secretary
AGENDA ITEM: Consideration and possible action on the minutes from the September 5, 2023,
meeting.
SUMMARY:
N/A
FISCAL INFORMATION:
Budgeted: N/A Amount: $0.00 GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Approve the minutes from the September 5, 2023, meeting.
ATTACHMENTS:
City Council minutes
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Item 2.
City Council Minutes 09-05-2023
Page 1 of 9
CITY COUNCIL
MEETING MINUTES
SEPTEMBER 05, 2023, 6:00 PM
CITY COUNCIL REGULAR MEETING
HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS
CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM
Mayor Muir called the work session to order at 6:00 p.m.
COUNCILMEMBERS PRESENT
Mayor Thomas Muir
Mayor Pro Tem, Place 2 Gary Bilyeu
Councilmember, Place 1 Marissa Barrett
Councilmember, Place 3 Dennis Dillon
Councilmember, Place 4 Allen Chick
Councilmember, Place 5 Victor Gann
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT:
City Manager John Noblitt, City Secretary Kelly Edwards, and City Attorney Hugh Coleman.
EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a
closed Executive Session in Accordance with the Texas Government Code:
Section 551.086. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS.
For deliberations regarding a Wholesale Electric Power Agreement with Lower Colorado River
Authority (LCRA).
Council convened into executive session at 6:01 p.m.
RECONVENE INTO WORK SESSION
Reconvene into the Work Session. Any action deemed necessary as a result of Executive
Session will be taken during the Regular Session.
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Item 2.
City Council Minutes 09-05-2023
Page 2 of 9
Council reconvened into open session at 7:11 p.m.
No action taken.
OVERVIEW OF ITEMS ON THE REGULAR AGENDA
No discussion.
ADJOURN THE WORK SESSION
There being no further business, Mayor Muir adjourned the work session at 7:11 p.m.
CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM
Mayor Muir called the regular meeting to order at 7:20 p.m.
COUNCILMEMBERS PRESENT
Mayor Thomas Muir
Mayor Pro Tem, Place 2 Gary Bilyeu
Councilmember, Place 1 Marissa Barrett
Councilmember, Place 3 Dennis Dillon
Councilmember, Place 4 Allen Chick
Councilmember, Place 5 Victor Gann
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards,
City Attorney Hugh Coleman, Finance Director Clayton Gray, Director of Development Services
Ramie Hammonds, Parks & Recreation Director Ryan Nolting, Director of Human Resources and
Special Projects Jeriana Staton, and Police Lieutenant Justin Lewis.
INVOCATION AND PLEDGE
Councilmember Chick gave the Invocation. The Pledge of Allegiance was led by Councilmember
Dillon.
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Item 2.
City Council Minutes 09-05-2023
Page 3 of 9
CITIZENS COMMENTS
Reva Stevens, 3827 View Road, Sanger, regarding the EMS response time for an accident at the
Senior Center and spending money for new Police vehicles.
CONSENT AGENDA
1. Consideration and possible action on the minutes from the August 14, 2023, meeting.
2. Consideration and possible action on the minutes from the August 21, 2023, meeting.
3. Consideration and possible action to purchase one new Ford F150 Patrol Truck from
Silsbee Ford and one new Chevrolet Tahoe Patrol vehicle from Holiday Chevrolet.
4. Consideration and possible action on ratifying Change Request No. 3 in the amount of
$5,372.00 with North Rock Construction for the Porter Park Softball Field Renovations.
Councilmember Chick had questions regarding Item 3 and Councilmember Dillon had
questions regarding Item 4 of the consent agenda.
Motion to approve Item 1 and Item 2 made by Councilmember Bilyeu, Seconded by
Councilmember Chick.
Voting Yea: Councilmember Barrett, Councilmember Dillon, and Councilmember Gann.
Motion passed unanimously.
Staff responded to the different patrol packages for the applications of the vehicles.
Motion to approve Item 3 made by Councilmember Chick, Seconded by
Councilmember Bilyeu.
Voting Yea: Councilmember Barrett, Councilmember Dillon, and Councilmember Gann.
Motion passed unanimously.
Staff responded to install costs for the wireless controled scoreboards and timers.
Motion to approve Item 4 made by Councilmember Chick, Seconded by
Councilmember Dillon.
Voting Yea: Councilmember Barrett, Councilmember Bilyeu, and Councilmember Gann.
Motion passed unanimously.
PUBLIC HEARING ITEMS
5. Conduct a public hearing on Ordinance No. 09-23-23 amending Planned Development
04-11-22 (PD 04-11-22) to extend the boundaries to include approximately 21.17 acres
of land, described as A0029A R BEEBE, 65B, from Agricultural (A) to Planned
Development (PD) within the City of Sanger, and generally located south of FM 455
and East of Indian Lane.
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Item 2.
City Council Minutes 09-05-2023
Page 4 of 9
Mayor Muir opened the public hearing at 7:37 p.m.
Director Hammonds stated that the applicant requested the item be withdrawn from
the agenda.
Mayor Muir closed the public hearing at 7:37 p.m.
6. Conduct a public hearing on a request for a Specific Use Permit (SUP) for a Quick
Service Food and Beverage use, at 904 S 5th Street, parking lot, located on
approximately 0.291 acres of land described as A1241A TIERWESTER, TR, and
generally located on the north side of 5th Street approximately 183 feet east of the
intersection of 5th Street and Freese Drive.
Mayor Muir opened the public hearing at 7:38 p.m.
Director Hammonds provided an overview of the item and placement of the Food
Truck.
Mayor Muir closed the public hearing at 7:41 p.m.
7. Conduct a public hearing on a request for the Replat of Lot 1R, Block A of the Powell
Addition, being 1.05 acres located within the City of Sanger, generally located along
the north side of Duck Creek Road approximately 511 feet west of the intersection of
Duck Creek Road and South Stemmons Frwy.
Mayor Muir opened the public hearing at 7:41 p.m.
Director Hammonds provided an overview of the items, stating the current building
was built across the property line.
Mayor Muir closed the public hearing at 7:42 p.m.
8. Conduct a public hearing on a rezoning from Planned Development-Townhome (PD-
TH) to Planned Development-SF-1 (PD-SF-1) of approximately 14.908 acres of land,
described as A0029A R BEEBE, 72B(2A), within the City of Sanger, and generally
located on west side of Marion Road approximately 820 feet south of the intersection
of Marion Road and Huling Road.
Mayor Muir opened the public hearing at 7:43 p.m.
Director Hammonds provided an overview of the item and the and variances requested
by the applicant.
Mayor Muir closed the public hearing at 7:47 p.m.
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Item 2.
City Council Minutes 09-05-2023
Page 5 of 9
ACTION ITEMS
Mayor Muir moved to Items 17 and 18 of the agenda.
9. Consideration and possible action on Ordinance No. 09-23-23 amending Planned
Development 04-11-22 (PD 04-11-22) to extend the boundaries to include
approximately 21.17 acres of land, described as A0029A R BEEBE, 65B, from
Agricultural (A) to Planned Development (PD) within the City of Sanger, and generally
located south of FM 455 and East of Indian Lane.
Applicant withdrew request - no action taken.
10. Consideration and possible action on Ordinance No. 09-24-23 a request for a Specific
Use Permit (SUP) for a Quick Service Food and Beverage use, at 904 S 5th Street,
parking lot, located on approximately 0.291 acres of land described as A1241A
TIERWESTER, TR, and generally located on the north side of 5th Street approximately
183 feet east of the intersection of 5th Street and Freese Drive.
Director Hammonds stated that no responses were received from the notification
regarding the item.
Discussion ensued regarding the location of the Food Truck, any similar considerations
to other mobile vendors, and required permits.
Motion to approve made by Councilmember Chick, Seconded by Councilmember Dillon.
Voting Yea: Councilmember Barrett, Councilmember Bilyeu, and Councilmember
DGann.
Motion passed unanimously.
11. Consideration and possible action on a request for the Replat of Lot 1R, Block A of the
Powell Addition, being 1.05 acres located within the City of Sanger, generally located
along the north side of Duck Creek Road approximately 511 feet west of the
intersection of Duck Creek Road and South Stemmons Frwy.
Director Hammonds provided an overview of the item to create one Commercial lot
and that staff recommends denial due to the applicant not satisfying all the comments.
Motion to deny made by Councilmember Bilyeu, Seconded by Councilmember Chick.
Voting Yea: Councilmember Barrett, Councilmember Dillon, and Councilmember Gann.
Motion passed unanimously.
12. Consideration and possible action on Ordinance No. 09-25-23 a rezoning from (PD-TH)
Planned Development-Townhome to (PD-SF1) Planned Development-SF1 of
approximately 14.908 acres of land, described as A0029A R BEEBE, 72B(2A), within
the City of Sanger, and generally located on west side of Marion Road approximately
820 feet south of the intersection of Marion Road and Huling Road.
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Item 2.
City Council Minutes 09-05-2023
Page 6 of 9
Discussion ensued regarding Current zoning in the Planned Development, the use of
the R-Code, the meandering sidewalk, the open space, and variances requested by the
applicant, which would be similar to the proposed Residential Code.
Motion to approve the zoning change from (PD-TH) Planned Development-Townhome
to (PD-R-1) Planned Development-Residential District R-1. made by Councilmember
Bilyeu, Seconded by Councilmember Dillon.
Voting Yea: Councilmember Barrett, Councilmember Chick, and Councilmember Gann.
Motion passed unanimously.
13. Consideration and possible action on Resolution 2023-14, Appointing members to the
Parks and Recreation / Keep Sanger Beautiful Board.
Mayor provided an overview of the applications.
Motion to approve made by Councilmember Chick, Seconded by Councilmember
Barrett.
Voting Yea: Councilmember Bilyeu, Councilmember Dillon, and Councilmember Gann.
Motion passed unanimously.
14. Consideration and possible action on the Final Plat of the Bentley Addition, being 1.064
acres of land described as A0658A JANUARY TR 33A, 34A, and 35A(PT) located in the
City of Sanger’s ETJ, and generally located on the east side of FM 2450 approximately
162 feet north of the intersection of FM 2450 and FM 455.
Director Hammonds provided an overview of the item and that staff recommends
denial due to the applicant not satisfying all the comments.
Motion to deny made by Councilmember Bilyeu, Seconded by Councilmember Chick.
Voting Yea: Councilmember Barrett, Councilmember Dillon, and Councilmember Gann.
Motion passed unanimously.
15. Consideration and possible action on the Minor Plat of Sims Street Addition, Block A,
Lot 1 being 0.129 acres, located in the City of Sanger, and generally located on the
east side of Sims Street approximately 97 feet north of the intersection of Sims St and
Kirkland St.
Director Hammonds provided an overview of the item and allowance requested to
buidl a home.
Motion to approve made by Councilmember Chick, Seconded by Councilmember Gann.
Voting Yea: Councilmember Barrett, Councilmember Bilyeu, and Councilmember Dillon.
Motion passed unanimously.
Mayor Muir recused himself for Item 16 of the Agenda.
16. Consideration and possible action on the Final Plat of Coffee Bistro 1187, being 0.779
acres, located in the City of Sanger, and generally located on the east side of FM 455
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Item 2.
City Council Minutes 09-05-2023
Page 7 of 9
and approximately 218 feet n of the intersection of FM 455 and N Stemmons Frwy
corner of FM 455 and N Stemmons Frwy.
Director Hammonds provided an overview of the item and dedication of the Right-of-
Way on the plat.
Discussion ensued regarding the dedication of the Right-of-Way and the location of
the building on the lot and 10th Street access.
Thomas Muir, 1201 Cowling Road, Sanger, partial property owner, spoke in favor of
the plat.
Motion to approve made by Councilmember Barrett, Seconded by Councilmember
Dillon.
Voting Yea: Councilmember Bilyeu, Councilmember Chick, and Councilmember Gann.
Motion passed unanimously.
17. Consideration and possible action on the Preliminary Plat of Sanger Middle School,
being 28.791 acres, located in the City of Sanger, and located at 105 Berry Street
approximately 205 feet southwest of the intersection of Acker Street and Bolivar
Street.
Director Hammonds provided an overview of the item.
Motion to approve made by Councilmember Gann, Seconded by Councilmember Dillon.
Voting Yea: Councilmember Barrett, Councilmember Bilyeu, and Councilmember Chick.
Motion passed unanimously.
18. Consideration and possible action on the Preliminary Plat of Clear Creek Intermediate
School, being 13.356 acres, located in the City of Sanger, and generally located on the
west side of South Stemmons Frwy approximately 667 feet south of the intersection of
the Business I-35 ramp and South Stemmons Frwy.
Director Hammonds provided an overview of the item.
Discussion ensued regarding property line boundaries.
Motion to approve made by Councilmember Chick, Seconded by Councilmember Gann.
Voting Yea: Councilmember Barrett, Councilmember Bilyeu, and Councilmember Dillon.
Motion passed unanimously.
Mayor Muir moved back to Item 9 of the agenda.
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Item 2.
City Council Minutes 09-05-2023
Page 8 of 9
19. Consideration and possible action on authorizing staff to issue a Request for Proposals
for Solid Waste and Recycling Services (RFP# 2023-05).
Assistant City Manager Ciocan provided an overview of the item, including the
revisions per Council direction.
Discussion ensued regarding the reporting requirements of the proposed vendors
regarding the percentages of recycling load diverted to the landfill due to
contamination.
Motion to approve made by Councilmember Bilyeu, Seconded by Councilmember
Gann.
Voting Yea: Councilmember Barrett, Councilmember Chick, and Councilmember Dillon.
Motion passed unanimously.
FUTURE AGENDA ITEMS
Mayor Muir stated Denton County Appraisal District is accepting nominations to the board.
INFORMATIONAL ITEMS
20. Disbursements Report June and July
21. Financial Statements May - July 2023
EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a losed Executive
Session in Accordance with the Texas Government Code:
Section 551.086. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS.
For deliberations regarding a Wholesale Electric Power Agreement with Lower Colorado River
Authority (LCRA).
Section 551.074. PERSONNEL MATTERS
For deliberations regarding the appointment, employment, evaluation, reassignment, duties,
discipline or dismissal of a public officer or employee. - City Attorney
Council convened into executive session at 9:00 p.m.
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Item 2.
City Council Minutes 09-05-2023
Page 9 of 9
RECONVENE INTO REGULAR SESSION
Council reconvened into open session at 9:16 p.m.
Motion to approve a Wholesale Electric Power Agreement as discussed during executive
session made by Councilmember Bilyeu, Seconded by Councilmember Chick.
Voting Yea: Councilmember Barrett, Councilmember Dillon, and Councilmember Gann.
Motion passed unanimously.
The council then reconvened into executive session at 9:17 p.m., pursuant to 551.074.
Council reconvened into open session at 11:22 p.m.
No action taken pursuant to Section 551.074.
ADJOURN
There being no further business, Mayor Muir adjourned the meeting at 11:22 p.m.
_______________________________
Thomas E. Muir, Mayor
______________________________
Kelly Edwards, City Secretary
12
Item 2.
CITY COUNCIL COMMUNICATION
DATE: 9/18/2023
FROM: Casey Welborn, Assistant Fire Chief
AGENDA ITEM: Consideration and possible action to execute an agreement with Communities
Foundation of Texas to receive a donation of $5,000 from the Noble Fund (No.
06528) and authorize the City Manager to execute said contract.
SUMMARY:
This donation will be used for Sanger Fire Department facility or equipment-related needs for the Sanger
Fire Department (examples include but are not limited to Sanger Fire Department facility repairs and
purchasing new or repairing Sanger Fire Department equipment), hiring new Sanger Fire Department staff,
and fire prevention-related education (whether education of Sanger Fire Department personnel or of the
general public), all of which shall benefit the Sanger Fire Department’s community at large.
FISCAL INFORMATION:
Budgeted: NO Amount: $5,000.00 GL Account: n/a
Donation Item
RECOMMENDED MOTION OR ACTION:
Staff recommends approval
ATTACHMENTS:
Contract
13
Item 3.
City of Sanger
Agreement
This agreement (“Agreement”) is hereby made and entered into between:
1) City of Sanger
2) Communities Foundation of Texas (CFT), a Texas nonprofit organization
The Agreement is entered into with regard to the (I) Purpose, (II) Distributions, and (III) Reporting on Distributions
from CFT to the City of Sanger. This Agreement is valid from the Effective Date (date signed by CFT).
By signing this Agreement, City of Sanger attests that its organization continues and will continue for the term of this
Agreement, to be exempt under 501(c)(3) of the Internal Revenue Code, and the funds will only be used for charitable
and educational activities appropriate under sections 170(b) and 501(c)(3) of the Internal Revenue Code and will
comply with the provisions of the Pension Protection Act of 2006. Funds received by City of Sanger pursuant to this
Agreement may not be used to carry on illegal, political or lobbying activities.
Purpose: City of Sanger agrees that each Distribution of $5,000 from the Noble Fund (#06528) to City of Sanger will
be used for: Sanger Fire Department facility or equipment-related needs for the Sanger Fire Department (examples
include but are not limited to Sanger Fire Department facility repairs and purchasing new or repairing Sanger Fire
Department equipment), hiring new Sanger Fire Department staff, and fire prevention-related education (whether
education of Sanger Fire Department personnel or of the general public), all of which shall benefit the Sanger Fire
Department’s community at large.
In the event City of Sanger is uncertain, or that a potential use or uses of Distributions may not be a permitted
otherwise comply with the requirements of this Agreement, City of Sanger shall contact National Grid Renewables
Development, LLC at info@nationalgridrenewables.com or 952-988-9000 prior to such use of such Distributions to
discuss those concerns so that National Grid Renewables Development, LLC, CFT, and City of Sanger can work together
in good faith to ensure that the use of any such Distributions are of a permitted use and the requirements of this
Agreement. Additionally, any final changes must be reviewed and approved by CFT. All uses of all Distributions shall
align with National Grid Renewables Development, LLC’s and its affiliates’ industries, values and/or businesses.
The Noble Fund intends to continue to make annual, single payment Distributions to City of Sanger for up to twenty
(20) years, as long as CFT receives sufficient gifts to the Noble Fund, and City of Sanger continues to use funds as
stated above. Nothing in this document creates a legally binding pledge or a guarantee of payment from CFT.
Each Distribution is a single annual payment.
CFT prohibits the use of Distributions for non-charitable or for illegal, political or lobbying activities. All Distributions
from the Noble Fund to City of Sanger are subject to CFT trustee approval.
Additionally, City of Sanger accepts responsibility for exercising full control over the expenditure of funds and will
abide fully by the terms and conditions of this Agreement established with CFT. Please note that CFT may request the
return of any unused funds for any funds not utilized toward the purpose as stated above.
Reporting: City of Sanger will provide CFT with documentation in the form of a short fiscal report and description of
the work executed by thirty (30) days before the one (1) year anniversary of each Distribution.
Publicity: City of Sanger may acknowledge that a gift has been received from the Noble Fund at Communities
Foundation of Texas. Prior to making or distributing to the public any Materials (with such “Materials” defined as all
written or oral statements acknowledging Distributions from the Fund or this Agreement that are produced by City of 14
Item 3.
Sanger), City of Sanger shall provide the Materials to National Grid Renewables Development, LLC so that the
Materials may be promptly reviewed and approved in advance in writing by National Grid Renewables Development,
LLC to ensure accuracy and consistency of message, including in public statements, reports, and other print and online
publications or social media. Any Materials developed by City of Sanger that reference or quote National Grid
Renewables Development, LLC also will be promptly reviewed by and coordinated with National Grid Renewables
Development, LLC. This process will be facilitated by National Grid Renewables Development, LLC’s (or any successor
of National Grid Renewables Development, LLC) Marketing & Communications Department.
Assignment: This Agreement may not be assigned, voluntarily or by operation of law (including without limitation,
through City of Sanger’s merger, conversion, consolidation, or other change of control of City of Sanger), without the
written consent of CFT.
AGREED as of the Effective Date (Date Signed by CFT):
City of Sanger:
________________
Date
Communities Foundation of Texas:
________________ __________________________________________________
Date Wende Burton, Chief Philanthropy Officer
________________ __________________________________________________
Date Jim Berry, Sr. VP & Chief Financial Officer
_________________________________________________
John Noblitt, City Manager (Representative)
15
Item 3.
CITY COUNCIL COMMUNICATION
DATE: September 16, 2023
FROM: Clayton Gray, Finance Director
AGENDA ITEM: Consideration and possible action on Ordinance 09-26-23, amending the budget
for the 2022-2023 fiscal year and authorizing amended expenditures as
provided; providing for the repeal of all ordinances in conflict; providing a
cumulative clause; providing for a severability clause; and providing a savings
clause; an establishing an effective date,
SUMMARY:
The City’s 2022-2023 annual budget included $1,225,000 in the Fire Department for the purchase
of an ambulance ($300,000) and a ladder fire truck ($925,000).
The total cost of the fire truck is $1,825,106.
o The cost of the ladder truck at the time of order had increased to $1,793,532. City Council
approved this amount at the November 7, 2022 Council meeting.
o A change order was subsequently issued for $31,574. City Council approved this change
order at the July 3, 2023 meeting.
This budget amendment increases the Fire Department budget by $900,106 to cover the increase
over the original estimate.
FISCAL INFORMATION:
Budgeted: No Amount: $900,106 GL Account: 001-24-6130
This budget amendment will:
o Increase expenditures in the General Fund by $900,106.
RECOMMENDED MOTION OR ACTION:
Staff recommends approval of Ordinance 09-26-23
ATTACHMENTS:
Ordinance 09-26-23
Minutes from the City Council meeting on November 7, 2022
Minutes from the City Council meeting on July 3, 2023
16
Item 4.
Ordinance – Amending the FY 2022-2023 Budget - No. 5 Fire Department Ladder Truck
Page 1 of 3
CITY OF SANGER, TEXAS
ORDINANCE 09-26-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, (BUDGET AMENDMENT 5) AMENDING ORDINANCE #09-23-22,
WHICH WILL AMEND THE BUDGET FOR THE 2022-2023 FISCAL YEAR AND
AUTHORIZING AMENDED EXPENDITURES AS PROVIDED; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING A
SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Sanger (the “City”) is a home rule municipality regulated by state
law and Charter; and
WHEREAS, the City Council approved Ordinance 09-23-22 adopting the budget for the
2022-2023 Fiscal Year on September 19, 2022; and
WHEREAS, this amendment was prepared and presented to the City Council, and after
consideration, it is the consensus of the City Council to amend the approved budget ordinance;
and
WHEREAS, the City Council finds that the passage of this Resolution is in the best interest
of the citizens of Sanger.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
SECTION 1. That the annual budget for the 2022-2023 Fiscal Year is hereby amended to increase
expenditures in the General Fund by $900,106 as shown in Exhibit “A”.
SECTION 2. Expenditures during the 2022-2023 Fiscal Year shall be made in accordance with
the amended budget approved herein, unless otherwise authorized by a duly enacted ordinance of
the City, and said budget document shall be on file for public inspection in the office of the City
Secretary.
SECTION 3. That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 4. 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.
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Item 4.
Ordinance – Amending the FY 2022-2023 Budget - No. 5 Fire Department Ladder Truck
Page 2 of 3
SECTION 5. That this Ordinance shall be cumulative of all other City Ordinances and all other
provisions of other Ordinances adopted by the City which are inconsistent with the terms or
provisions of this Ordinance are hereby repealed.
SECTION 6. This ordinance will take effect immediately from and after its passage and the
publication of the caption, as the law and Charter in such case provides.
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
16th day of August 2023.
APPROVED:
________________________________
ATTEST: Thomas E. Muir, Mayor
________________________________ APPROVED TO FORM:
Kelly Edwards, City Secretary
________________________________
Hugh Coleman, City Attorney
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Item 4.
Ordinance – Amending the FY 2022-2023 Budget - No. 5 Fire Department Ladder Truck
Page 3 of 3
EXHIBIT A
Ordinance 08-26-23
G/L
Account
Account
Type Account Name
Original
Budget
Revised
Budget Adjustment
001-24-6130 Expenditure Vehicles $1,225,000 $2,125,106 $900,106
To provide for the expenditures associated with the Ladder Truck for the Fire Department
19
Item 4.
i CITY COUNCIL
MEETING MINUTES
NOVEMBER 07, 2022, 7:00 PM
hq 7 8B
6
BANGER
CITY COUNCIL REGULAR MEETING
HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS
CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM
Mayor Muir called the regular meeting to order at 7:00 p.m.
COUNCILMEMBERS PRESENT
Mayor
Mayor Pro Tem, Place 2
Councilmember, Place 1
Councilmember, Place 4
Councilmember, Place 5
Thomas Muir
Gary Bilyeu
Marissa Barrett
Allen Chick
Victor Gann
COUNCILMEMBERS ABSENT
Councilmember, Place 3 Dennis Dillon
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards,
City Attorney Hugh Coleman, Director of Development Services Ramie Hammonds, Parks &
Recreation Superintendent Ryan Nolting, Director of Economic Development Shani Bradshaw,
Marketing and Civic Engagement Director Donna Green, Chief of Police Waylan Rhodes, Fire
Marshal Casey Welborn, Fire Lieutenant Brandon Shepard, and Director of Public Works Jim
Bolz.
INVOCATION AND PLEDGE
Councilmember Chick gave the invocation, the Pledge of Allegiance was led by Councilmember
Gann.
CITIZENS COMMENTS
No one addressed the Council.
City Council Minutes 11-07-2022
Page 1 of 5
20
Item 4.
REPORTS
1. Construction update from DEC Engineering, Dannenbaum, regarding the IH-35 / FM
455 Expansion Project.
Joe Garcia, DEC Engineering, provided an update and overview %J the project.
Discussion ensued regarding sanitary sewer connections along the West corridor of FM
455, bore under IH-35, utility relocation being completed by the end of the year,
TxDOT mobilization timing, and traffic planning.
CONSENT AGENDA
2. Consideration and possible action on the minutes from the October 14, 2022, work
session.
3. Consideration and possible action on the minutes from the October 17, 2022, meeting.
4. Consideration and possible action on a contract with Maguire Iron, Inc for full -service
water storage maintenance and asset maintenance plan for .200MG elevated storage
tank located at Acker Street in the amount not to exceed $565,516.00 and further
authorizing the City Manager to execute.
5. Consideration and possible action on a contract with Maguire Iron, Inc for full -service
water storage maintenance and asset maintenance plan for .100MG ground storage
tank located at Cherry Street in the amount not to exceed $297,770.00 and further
authorizing the City Manager to execute.
6. Consideration and possible action on a contract with Maguire Iron, Inc for full -service
water storage maintenance and asset maintenance plan for .300110 ground storage
tank located at Cherry Street in the amount not to exceed $440,750.00 and further
authorizing the City Manager to execute.
7. Consideration and possible action on a contract with Maguire Iron, Inc for full -service
water storage maintenance and asset maintenance plan for .100MG ground storage
tank located at Utility Road in the amount not to exceed $144,397.00 and further
authorizing the City Manager to execute.
Councilmember Chick asked to discuss Items 4-7 of the Consent Agenda separately.
Motion to approve Items 2 and 3 made by Councilmember Chick Seconded by
Councilmember Bilyeu.
Voting Yea: Councilmember Barrett and Councilmember Gann.
Motion passed unanimously.
City Council Minutes 11-07-2022
Page2of5
21
Item 4.
Director Bolz provided an overview of the contract with Maguire Iron for the storage
tanks.
Discussion ensued regarding the roof of the tanks, contract provisions, warranties,
total costs per location, and the appropriation of the annual amounts by fiscal year.
Motion to approve Item 4 made by Councilmember Bilyeu Seconded by
Councilmember Gann.
Voting Yea: Councilmember Barrett and Councilmember Chick.
Motion passed unanimously.
Motion to approve Item 5 made by Councilmember Chick Seconded by
Councilmember Gann.
Voting Yea: Councilmember Barrett and Councilmember Bilyeu.
Motion passed unanimously.
Motion to approve Item 6 made by Councilmember Gann Seconded by
Councilmember Chick.
Voting Yea: Councilmember Barrett and Councilmember Bilyeu.
Motion passed unanimously.
Motion to approve Item 7 made by Councilmember Bilyeu Seconded by
Councilmember Chick.
Voting Yea: Councilmember Barrett and Councilmember Gann.
Motion passed unanimously.
ACTION ITEMS
8. Consideration and possible action on a Final Plat of lots 1 and 2 of Union Hill Road
Addition, being 13.143 acres, located in the City of Sanger's ETJ, and generally located
on the north east corner of FM 455 and Union Hill Road.
Director Hammonds provided an overview of the item stating the plat meets the
requirements and right-of-way was dedicated.
Motion to approve made by Councilmember Barrett, Seconded by Councilmember
Bilyeu.
Voting Yea: Councilmember Chick and Councilmember Gann.
Motion passed unanimously.
9. Consideration and possible action on authorizing staff to issue a Request for Proposal
2023-02 for the Porter Park softball field renovations.
Director Notting provided an overview of the item.
Discussion ensued regarding the construction timeline, contract terms, and completion
date before the beginning of the season.
City Council Minutes 11-07-2022
Page 3 of 5
22
Item 4.
Motion to approve made by Councilmember Bilyeu Seconded by Councilmember Gann.
Voting Yea: Councilmember Chick and Councilmember Gann.
Motion passed unanimously.
10. Consideration and possible action on contract with All American Dogs for animal
control services.
Chief Rhodes provided an overview of the item.
Discussion ensued regarding the level of services, service enhancements, cost savings,
staff reduction, user fees for trapping, contract terms, infrastructure fees, and costs
based on additional homes.
Motion to approve made by Councilmember Barrett Seconded by Councilmember
Chick.
Voting Yea: Councilmember Bilyeu and Councilmember Gann.
Motion passed unanimously.
11. Consideration and possible action to purchase a Fire Apparatus Ladder Truck in the
amount of $1,793,532.00 through an Interlocal Purchasing Agreement with HGAC and
authorizing the City Manager to execute all necessary documentation.
Fire Marshal Welborn provided an overview of the item.
Discussion ensued regarding the length of the apparatus, cost, additional training, and
manufacturer -provided training.
Motion to approve made by Councilmember Barrett, Seconded by Councilmember
Bilyeu.
Voting Yea: Councilmember Chick and Councilmember Gann.
Motion passed unanimously.
FUTURE AGENDA ITEMS
City Manager Noblitt will schedule atwo-day work session early next year regarding planning
and development strategies, the vision, and other items as requested by Council regarding the
City's growth.
INFORMATIONAL ITEMS
12. Disbursements Report September 2022
13. Financial Statement August 2022
14. CIP Report October 12, 2022
City Council Minutes 11-07-2022
Page 4 of 5
23
Item 4.
15. Financial Statement September 2022
16. Atmos Rider GCR - Rate Filing Docket No. 10170 - October 26, 2022
Discussion ensued regarding any year-end adjustments.
ADJOURN
There being no further business, Mayor Muir adjourned the meeting at 8:26 p.m.
olVZ iq
Thomas E. Muir, Mayor
KeIIV EdwzUs, City Secretary -
CO
City Council Minutes 11-07-2022
Page 5 of 5
24
Item 4.
CITY COUNCIL
MEETING MINUTES
DULY 03, 2023, 6:00 PM
SANGER
CITY COUNCIL REGULAR MEETING
HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS
CALL THE WORK SESSION TO ORDER AND ESTABLISH A QUORUM
Mayor Muir called the work session to order at 6:00 p.m.
COUNCILMEMBERS PRESENT
Mayor
Mayor Pro Tem, Place 2
Councilmember, Place 1
Councilmember, Place 3
Councilmember, Place 4
Thomas Muir
Gary Bilyeu
Marissa Barrett
Dennis Dillon
Allen Chick
COUNCILMEMBERS ABSENT
Councilmember, Place 5 Victor Gann
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards,
City Attorney Hugh Coleman, Finance Director Clayton Gray, Director %J Development Services
Ramie Hammonds, Parks & Recreation Superintendent Ryan Nolting, Municipal Court
Administrator Christy Dyer, Assistant Fire Chief Casey Welborn, Interim Electric Director Ronnie
Grace, Director of Public Works Jim Bolz, Library Director Laura Klenke, and Police Lieutenant
Justin Lewis.
DISCUSSION ITEMS
1. Presentation and discussion regarding the City of Sanger's 2023-2024 Annual Budget.
Director Gray provided a presentation and overview of the proposed budget for the
General Revenues Fund and General Fund Expenditures.
Discussion ensued regarding the timeline and organization of the budget, public
hearing meeting dates, Truth and Taxation language, legislative action regarding
property taxes, grants to increase the number of Fire personnel, and future debt.
City Council Minutes 07-03-2023
Page 1 of 6
25
Item 4.
OVERVIEW OF ITEMS ON THE REGULAR AGENDA
No discussion.
ADJOURN THE WORK SESSION
There being no further business, Mayor Muir adjourned the work session at 6:57 p.m.
CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM
Mayor Muir called the regular meeting to order at 7:06 p.m.
COUNCILMEMBERS PRESENT
Mayor
Mayor Pro Tem,
Councilmember,
Councilmember,
Councilmember,
Thomas Muir
Place 2 Gary Bilyeu
Place 1 Marissa Barrett
Place 3 Dennis Dillon
Place 4 Allen Chick
COUNCILMEMBERS ABSENT
Councilmember, Place 5 Victor Gann
STAFF MEMBERS PRESENT:
City Manager John Noblitt, Assistant City Manager Alina Ciocan, City Secretary Kelly Edwards,
City Attorney Hugh Coleman, Finance Director Clayton Gray, Director of Development Services
Ramie Hammonds, Parks & Recreation Superintendent Ryan Nolting, Assistant Fire Chief Casey
Welborn, Interim Electric Director Ronnie Grace, Director of Public Works Jim Bolz, and Police
Lieutenant Justin Lewis.
INVOCATION AND PLEDGE
Councilmember Bilyeu gave the Invocation. The Pledge of Allegiance was led by Councilmember Chick.
CITIZENS
COMMENTS No
one addressed the Council. City
Council Minutes 07-03-2023 Page
2 of 6
26
Item 4.
REPORTS
2. Construction update from DEC Engineering (Dannenbaum) regarding the IH-35 / FM
455 Expansion Project,
Rodney Prince stated that all the utilities had been moved for the project, that TxDOT
Webber) has not shared any construction timeline details with DEC, and that they are
collecting all the necessary documents to submit to TxDOT for reimbursement.
3. Report on the street rehabilitation program.
Director Bolz provided a presentation and overview of the program providing a
schedule of streets to be repaired through Fiscal Year 2028.
Discussion ensued regarding combining projects to control mobilization costs and a
proposed Street Utility Maintenance Program (SUMP) for future repairs.
CONSENT AGENDA
4. Consideration and possible action on the minutes from the June 20, 2023, meeting.
5. Consideration and possible action on Ordinance No. 07-12-23, amending the budget
for the 2022-2023 fiscal year and authorizing amended expenditures as provided;
providing for the repeal of all ordinances in conflict; providing a cumulative clause;
providing for a severability clause; and providing a savings clause; an establishing an
effective date.
6. Consideration and possible action on a contract with Antero Group to conduct the
housing study and authorize the City Manager to execute said contract.
7. Consideration and possible action on a Standard Utility Agreement with TXDOT for the
relocation of Electric utilities for the I-35 Expansion project, including the reimbursing
expenses spent and authorizing the City Manager to execute the agreement and all
necessary documents.
Motion to approve made by Councilmember Barrett, Seconded by Councilmember
Dillon.
Voting Yea: Councilmember Bilyeu and Councilmember Chick.
Motion passed unanimously.
ACTION ITEMS
8. Consideration and possible action on Resolution 2023-10, Appointing and Reappointing
members to the 4A Industrial Development Corporation; 4B Development Corporation;
Board of Adjustment; Library Boards and the Planning and Zoning Commission.
City Council Minutes 07-03-2023
Page 3 of 6
27
Item 4.
Mayor Muir provided an overview of the item.
Discussion ensued regarding the number of applications received.
Motion to approve made by Councilmember Barrett, Seconded by Councilmember
Dillon.
Voting Yea: Councilmember Bilyeu and Councilmember Chick.
Motion passed unanimously.
9. Consideration and possible action on Change Order No. 1 in the amount of $31,574.00
with Spartan for Ladder Truck and authorize the City Manager to execute said Change
Order No. 1.
Assistant Fire Chief Welborn provided an overview of the item.
Discussion ensued regarding the change order customizing the truck for the City's
needs.
Motion to approve made by Councilmember Bilyeu, Seconded by Councilmember
Chick.
Voting Yea: Councilmember Barrett and Councilmember Dillon.
Motion passed unanimously.
10. Consideration and possible action on a contract with Reynolds Asphalt &Construction
Co. to perform pavement resurfacing services in an amount not to exceed
466,788.00, and authorize the Mayor or City Manager to execute said contract.
Director Bolz provided an overview of the item.
Motion to approve made by Councilmember Dillon, Seconded by Councilmember
Bilyeu.
Voting Yea: Councilmember Barrett and Councilmember Chick.
Motion passed unanimously.
11. Consideration and possible action on the purchase and installation of backup
generators at critical facilities in the amount of $717,351.00 from Clifford Power
Systems.
Director Bolz provided an overview of the item.
Discussion ensued regarding the natural gas and diesel selections being based on the
location and that the cost is the total cost, including the labor for installation.
Motion to approve made by Councilmember Chick, Seconded by Councilmember Dillon.
Voting Yea: Councilmember Barrett and Councilmember Bilyeu.
Motion passed unanimously.
City Council Minutes 07-03-2023
Page 4 of 6
28
Item 4.
12. Consideration and possible action to reject the bid response for broadband expansion
RFP-2023-04).
Assistant City Manager Ciocan provided an overview of the item.
Discussion ensued regarding the reallocation of the ARP funds for other qualifying
projects.
Motion to reject the bid made by Councilmember Bilyeu, Seconded by Councilmember
Barrett.
Voting Yea: Councilmember Chick and Councilmember Dillon.
Motion passed unanimously.
FUTURE AGENDA ITEMS
Councilmember Chick requested a future discussion regarding staffing levels and turnover.
Councilmember Bilyeu requested an update on the City's electrical needs and long-term capital
expenditures.
Councilmember Dillon requested a list of capital projects and development projects that have
been approved and the status of those projects.
INFORMATIONAL ITEMS
13. Disbursements Report May 2023
14. Financial Statements March 2023 and April 2023
EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed
Executive Session in Accordance with the Texas Government Code:
Section 551.071. CONSULTATION WITH ATTORNEY
For deliberations regarding legal (A) pending or contemplated litigation; or (B) a settlement
offer; or (2) on a matter in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with
this chapter.
Municipal Utility District No. 12 (MUD 12)
Council convened into executive session at 8:28 p.m.
City Council Minutes 07-03-2023
Page 5 of 6
29
Item 4.
RECONVENE INTO REGULAR
Council reconvened into open session at 9:40 p.m.
Motion made by Councilmember Bilyeu, Seconded by Councilmember Chick, authorizing
the City Manager and City Attorney to take any necessary action as discussed in
Executive Session,
Voting Yea: Councilmember Barrett and Councilmember Dillon.
Motion passed unanimously.
ADJOURN
There being no further business, Mayor Muir adjourned the meeting at 9:40 p.m.
Kelly Edwdr s, City Secretary
1rrrTEX \
Thomas E. Muir, Mayor
City Council Minutes 07-03-2023
Page 6 of 6
30
Item 4.
CITY COUNCIL COMMUNICATION
DATE: September 18, 2023
FROM: Ronnie Grace, Interim Director of Electric
AGENDA ITEM: Consideration and possible action awarding the bid to Power Standard for the
IH-35 Electric Utility Relocation Project and authorizing the City Manager to
execute the agreement and all necessary documents.
SUMMARY:
The proposed IH-35 Expansion Project will necessitate the adjustment, removal, and relocation of
the Electric Utilities.
Received one bid for the IH-35 Electric Utility facilities relocation for the City of Sanger and one no bid.
The IH-35 Project is TXDOT Reimbursable. (TXDOT agreement approved July 5, 2023)
FISCAL INFORMATION:
Budgeted: Yes Amount: $4,912,013.32 GL Account: 840-58-6529.2
This amount includes a $50,000.00 Contingency.
RECOMMENDED MOTION OR ACTION:
Staff recommends approval.
ATTACHMENTS:
Letter of recommendation from Bobby Singletary.
Bid-including the contract.
31
Item 5.
Power-D Utility Services, LLC
327 Pisgah Road
Nacogdoches, TX 75965
Power-D Utility Services, LLC | 327 Pisgah Road, Nacogdoches, TX 75965 • Tel: 936.522.8172 | • robsing56@gmail.com
September 7, 2023
Mayor and Council
City of Sanger, TX
502 Elm Street Sanger, Texas 76266
Re: Bid Tabulation
Relocating Electric Power Distribution Facilities on Mandated Portion of IH35
Honorable Mayor and Council:
Power-D Utility Services, LLC (Power-D) has completed the tabulation of the one (1) bid received and
opened on Tuesday, August 22, 2023 for the above referenced project.
The bidders and the bid amounts are as follows:
Bidder Bid Amount
Power Standard, LLC $4,912,013.32
Power-D examined the bids and found Power Standard, LLC, was the lowest bidder meeting all
qualifications and taking no exceptions also provided a bid bond through an “A” rated bonding company.
The Contractor’s ability to bond this project indicates a level of financial stability. Power Standard, LLC.
has been a responsible contractor on previous projects for CoServ and numerous other clients and is
capable of performing the specified work in a satisfactory manner in the timeframe requested.
Power-D recommends that City of San ger award the Project to Power Standard, LLC. for the amount not
to exceed Four Million, Nine Hundred Twelve Thousand , Thirteen Dollars and Thirty-two Cents
($4,912,013.32). This amount includes the total unit bid amount of $4,862,013.32 plus a contingency of
$50,000.00 for a total contract amount of $4,912,013.32
If you have any questions, please call me at (936) 522-8172.
Sincerely,
POWER-D UTILITY SERVICES, LLC
Robert (Bobby) Singletary, P.E. Manager/Partner
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