10/16/2023-CC-Agenda Packet-RegularCITY COUNCIL
MEETING AGENDA
OCTOBER 16, 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
DISCUSSION ITEMS
1. Presentation and discussion on an updated Purchasing Policy.
2. Discussion on possibly allowing consumption and/or possession of alcoholic beverages
on city-owned property during special events.
3. Presentation and discussion on solid waste and recycling services.
OVERVIEW OF ITEMS ON THE REGULAR AGENDA
ADJOURN THE WORK SESSION
The Regular Meeting will begin following the Work Session
but not earlier than 7:00 p.m.
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.
REPORTS
Staff Reports are for discussion only. No action may be taken on items listed under this portion
of the agenda.
4. Development Services Project Update 2022-2023
1
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.
5. Consideration and possible action on the minutes from the October 2, 2023, meeting.
6. Consideration and possible action to sign Local Agreement Respecting Forfeited
Contraband Under Chapter 59 and Article 18.18, Texas Code, between the Chief of
Police of Sanger Texas and the District Attorney’s office of Denton County.
7. Consideration and possible action on the Denton Municipal Electric (DME) Mutual Aid
agreement and authorizing the City Manager to execute said agreement and all
necessary documents.
8. Consideration and possible action on Interlocal Cooperation Agreement between
Denton County and the City of Sanger Police and Fire Departments for the use of
Denton County Radio Communications System.
9. Consideration and possible action on authorizing staff to issue an RFQ for Conceptual
Renderings for Porter Sports Park Phase 2.
10. Consideration and possible action on Resolution No. 2023-15 adopting a Purchasing
Policy.
11. Consideration and Possible Action on Ordinance 10-29-23 delegating purchasing
authority to the City Manager in accordance with the City Charter and the City’s
Purchasing and Procedures Manual.
PUBLIC HEARING ITEMS
12. Conduct a public hearing on a request for a variance from Chapter 3 Building
Regulations – Article 3.1407.b.2.A, to allow a variance from the maximum 150 square
feet of sign per and allow for a maximum of 225 square feet per side. The proposed
sign will be located at 1405 N Stemmons.
ACTION ITEMS
13. Consideration and possible action on a request for a variance from Chapter 3 Building
Regulations – Article 3.1407.b.2.A, to allow a variance from the maximum 150 square
feet of sign per and allow for a maximum of 225 square feet per side. The proposed
sign will be located at 1405 N Stemmons.
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14. Consideration and possible action on a Preliminary Plat of lots 1-12 Block A, Lots 1-7
Block B, Block C, and open space lot 5x, 8x, 13x of Lakeside Estates Addition, being
68.028 acres, located in the City of Sanger’s ETJ, and generally located on the north
side of McReynolds Road approximately 120 feet north east of the intersection of
McReynolds Road and FM 455.
15. Consideration and possible action to select Republic Services for solid waste and
recycling services and authorizing the City Manager to negotiate a possible contract
with Republic Services.
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.
16. Atmos Energy Rider GCR Rate Filing under Docket No. 10170 09-26-2023
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 October 11, 2023, at 3:00 PM.
/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: October 16, 2023
FROM: Alina Ciocan, Assistant City Manager
AGENDA ITEM: Presentation and discussion on an updated Purchasing Policy.
SUMMARY:
In FY 22-23, City Administration implemented a new internal program designed to analyze the
various functions of the organization with the goal of optimizing operations and providing better
services to our residents.
As part of this effort, Purchasing was the first function to be reviewed.
Through this review process, updating the City’s Purchasing Policy & Procedure Manual has been
identified as a necessary step in establishing an even more robust Purchasing program.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
N/A
ATTACHMENTS:
Purchasing Policy & Procedure Manual
4
Item 1.
Exhibit A
CITY OF SANGER
Purchasing Policy
&
Procedures Manual
City Council Adoption:
5
Item 1.
TABLE OF CONTENTS
Section 1: Policy .................................................................................................................. 4
1.1 Purpose & Policy .................................................................................................... 4
1.2 Authority ................................................................................................................. 4
1.3 Enforcement ........................................................................................................... 5
1.4 Legislative Updates ................................................................................................ 5
1.5 Additional Resources ............................................................................................. 5
Section 2: Purchasing Ethics ............................................................................................... 6
2.1 Definitions ........................................................................................................................... 6
2.2 Purchasing Code Of Ethics .................................................................................... 6
2.3 No Employee Interest In Existing Contract ............................................................. 7
2.4 Conflict Of Interest ............................................................................................................. 7
2.5 Gratuities (Gifts And Entertainment) ....................................................................... 7
2.6 Supplier/Vendor Relations ..................................................................................... 8
Section 3: Purchasing Procedures ...................................................................................... 9
3.1 Department Responsibilities ................................................................................... 9
3.2 Purchasing Thresholds .......................................................................................... 9
3.3 Emergency Purchases ......................................................................................... 11
3.4 Disaster Procurement .......................................................................................... 12
3.4.1 Purpose ....................................................................................................... 12
3.4.2 Definitions ................................................................................................................. 12
3.4.3 Delegations Of Purchasing Authority In Exigent Circumstances ................... 13
3.4.4 Delegation Of Authority ................................................................................. 13
3.4.5 Procurement Procedures In Exigent Circumstances .................................... 14
3.4.6 Notification And Ratification ................................................................................... 15
3.5 Sole Source Purchases ....................................................................................... 16
3.6 Cooperative Purchases ....................................................................................... 17
3.7 Procurement Of Professional Services ............................................................... 17
3.8 Public Works/Construction Procurement ............................................................. 17
3.9 Change Orders ................................................................................................... 18
3.10 Purchasing Card ................................................................................................. 19
Section 4: Methods Of Procurement ................................................................................. 25
Section 5: Bond, Insurance, And Indemnification ...................................................................... 28
Section 6: Contracts .......................................................................................................... 31
Section 7: Surplus Property ............................................................................................... 32
7.1 Purpose ............................................................................................................... 32
7.2 Definitions ......................................................................................................................... 32
7.3 General ................................................................................................................ 32
7.4 Personal Use Prohibitions And Permissions ........................................................ 32
Section 8: Grants .............................................................................................................. 34
8.1 Policy ................................................................................................................... 34
2 City of Sanger 6
Item 1.
8.2 Identification And Application .......................................................................................... 34
Section 9: Miscellaneous Guidelines ................................................................................. 35
9.1 Bid Protests.......................................................................................................... 35
9.2 Debriefing .......................................................................................................................... 35
9.3 New Vendors ....................................................................................................... 35
9.4 Discrimination....................................................................................................... 35
9.5 Placing Orders ..................................................................................................... 35
9.6 Quotes - Freight Charges And Fees .................................................................... 35
9.7 Purchasing Orders .............................................................................................. 35
9.8 Invoices ............................................................................................................... 36
9.9 Revolving Credit Accounts .................................................................................. 36
9.10 Sales Tax Exemption ........................................................................................... 36
9.11 Tie Bids ............................................................................................................... 36
9.12 Vendor Performance ........................................................................................... 36
9.13 Non-Performing Vendors .................................................................................... 37
9.14 Prompt Payment Act ........................................................................................... 37
Purchasing Policy & Procedures Manual 3
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Item 1.
Section 1: POLICY
1.1 PURPOSE & POLICY
It is the policy of the City to conduct procurement functions efficiently, effectively, and in full
compliance with all federal and state laws, the City Charter, and City policies and procedures.
The purpose of the Purchasing Policy is to provide guidance to all employees regarding procurement-
related activities. Purchasing is a function of all departments. Department Directors, Assistant
Directors, and Managers are responsible for ensuring that departmental purchases are in compliance
with the City’s Purchasing Policy and approved budget.
Purchasing procedures are subject to the following:
• All purchasing shall adhere to sound purchasing policies to ensure that Sanger taxpayers
receive the best value for city purchases.
• All purchasing shall be made in accordance with the laws of the State of Texas, including
Chapters 252 and 271 of the local government code, City Charter, and City administration
policy and procedures.
• Purchasing activities will be managed with proper controls, and all requisitions will be
processed in a timely manner to ensure sufficient practices.
• It is the policy of the City to obtain City Council approval on any expenditures of $50,000 or
greater in accordance with State Statues.
• In accordance with the city charter, the city council shall have the right to reject any and all
bids.
1.2 AUTHORITY
The City Council’s authority to contract for all goods and services is delegated to the City Manager as
outlined in this policy and to those employees to whom the City Manager delegates that responsibility.
The Chief Financial Officer interprets this policy. Any questions regarding the Chief Financial
Officer’s interpretation and/or application of the policy may be taken to the City Manager for review
and consideration. The City Manager shall resolve any question about any interpretation and/or
application of the policy when there is a conflict.
Policy administration rests with the City management, and City management reserves sole authority
to administer City operations.
Amendments and/or updates to the City of Sanger Purchasing and Procedures Manual must be
approved by resolution of the City Council. The City Manager, as authorized by the City Council, may
amend, revise, and make certain changes to the Purchasing and Procedures Manual as deemed
necessary in the event said changes do not have the effect of revising the original force and intent of
the policy and procedures set forth and adopted by City Council.
4 City of Sanger 8
Item 1.
1.3 ENFORCEMENT
It shall be the authority of the City Manager and Finance Director to enforce all procurement
procedures.
A violation is defined as an employee’s action or omission that indicates a disregard for purchasing
laws, policies, or procedures. A violation also may be noted if the employee’s action was unintentional
but violates federal law, state law, city charter, policies, or procedures .
Personnel who attempt to contract in the name of the City, or make authorized or unauthorized
purchases outside the scope of this policy, may be subject to disciplinary action up to and including
termination, legal action, and personal financial liability.
If an officer or employee fails to comply with the competitive bidding or competitive proposal
procedures required by law, that person may be charged with a Class B misdemeanor. This includes
a situation where the officer or employee knowingly or intentionally authorizes separate, sequential, or
component purchases to avoid competitive bidding requirements.
Texas Local Government Code §§ 252.062, 252.063, and 271.029 provide criminal penalties for
officers and employees who knowingly violate state purchasing statutes.
1.4 LEGISLATIVE UPDATES
Any amendments to State or Federal law will automatically take effect on the date as stated in the
legislation.
1.5 ADDITIONAL RESOURCES
For additional information, the following are listed for reference:
• Texas Local Government Code, Chapter 252
https://statutes.capitol.texas.gov/Docs/LG/htm/LG.252.html
• Texas Local Government Code, Chapter 271
https://statutes.capitol.texas.gov/Docs/LG/htm/LG.271.html
• TML – Municipal Procurement Made Easy
https://www.tml.org/351/Purchasing
Purchasing Policy & Procedures Manual 5 9
Item 1.
Section 2: PURCHASING ETHICS
It is the policy of the City of Sanger that the following ethical principles govern the conduct of all
employees involved, directly or indirectly, in the City’s procurement process.
2.1 DEFINITIONS
Vendor is defined as a person or business that enters or seeks to enter into a contract with the City.
Family Member means a person related to another person within the third degree of consanguinity.
Family Relationship is a relationship between a person and another person within the second
degree of affinity.
Gift means a benefit offered by a person, including food, lodging, transportation, and entertainment
accepted as a guest.
2.2 PURCHASING CODE OF ETHICS
A special responsibility is imposed on all City of Sanger employees entrusted with allocating City
funds. Employees are held to the highest degree of integrity in government procurement to secure the
best financial results and comply with the procurement process.
Employees involved in purchasing and purchasing-related functions must remain independent, free
of obligation or suspicion, and entirely fair and impartial. Credibility and public confidence are vital
throughout the purchasing process. Every person employed by the City of Sanger and performing
public purchasing and purchasing-related functions shall abide by this code of ethics.
• Refrain from holding business meetings with suppliers outside the office. If such a meeting
is necessary, carefully choose the location so there will be no perception by others in the
business community or your peers of impropriety.
• Adhere to lawful instructions, using reasonable care, and only granted authority. Strive
• to continually increase competition in supplier selection and endeavor to prevent any
collusive activities among suppliers. Avoid soliciting or accepting money, loans, credits, and
acceptance of gifts, entertainment, favors, or services from present or potential suppliers
that might influence or appear to influence supply management decisions.
• Handle confidential or proprietary information with due care and proper consideration.
Receive consent from the originator of confidential information or proprietary ideas and
designs before using them for competitive purchasing purposes.
• Treat supplies equitably, without preference or discrimination, and without imposing
• unnecessary constraints on the competitive market.
• Avoid the intent and appearance of unethical or compromising practices in relationships,
actions, and communications with vendors.
6 City of Sanger
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Item 1.
• Refrain from conducting any private business or professional activity that would result in a
conflict of interest between the employee and employer.
• Prohibit business relationships with persons with whom you are family member or with
whom you have a family relationship.
2.3 NO EMPLOYEE INTEREST IN EXISTING CONTRACT
Employees may not have any financial or other interest, in any proposed or existing contract,
purchase (materials & supplies), work, sale, or service to, for, with, or by the City.
A. Use of City employment, authority, or influence for personal betterment, financial or
otherwise, is prohibited.
2.4 CONFLICT OF INTEREST
City employees and officials must become familiar with the requirements in Texas Local Government
Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers; and Texas
Local Government Code Chapter 171, Regulation of Conflicts of Interest of Officers of Municipalities;
and the penalties provided therein.
If a conflict exists, the employee shall notify the Chief Financial Officer in writing and remove himself
or herself from the City purchasing process.
2.5 GRATUITIES (GIFTS AND ENTERTAINMENT)
Employees shall not solicit or accept money, loans, gifts, favors or anything of value from current or
potential vendors/contractors that might influence or appear to influence a purchasing decision or the
City procurement process. If anyone is in doubt about whether a specific transaction complies with
the policy, the person should disclose the transaction to the Chief Financial Officer for a determination
of compliance.
A. The purpose of the policy governing gifts to public employees is to regulate attempts to
influence employees to use their authority or discretion to the advantage of the person
making the gift and prevent criminal conduct per City policy.
B. No officer or employee of the City shall accept, directly or indirectly any gifts, privileges or
employment from any corporation, business or entity enjoying business from the City. The
City recognizes that food items may be received from citizens and vendors as a ‘thank
you’ for service during holiday time and on other occasions. Such offerings, including gift
donations, are permissible and should be made for the enjoyment of everyone as available
in that particular department, division, or worksite.
Purchasing Policy & Procedures Manual 7
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Item 1.
C. Items that are not consumable on the premises shall be returned, donated to a City
program or community organization, or used as a door prize at a City event.
D. This policy is not intended to prohibit the employee or department from accepting
discounted values when carrying out departmental (non-personal) business or accepting
courtesy generally extended to business or governmental organizations within reason.
E. Employees can attend events, meals, and sponsored events from citizens and vendors at
the discretion of the employee’s supervisor.
F. The City, as a whole, may accept consumable products as stated in item C above if the
items are provided by a vendor that is not currently under evaluation through a procurement
process.
G. Questions regarding the acceptance of gifts should be channeled through the Chief
Financial Officer.
2.6 SUPPLIER/VENDOR RELATIONS
Employees of the City must:
A. Promote positive vendor relations through courtesy and impartiality in all phases of the
procurement process;
B. Handle confidential or proprietary information belonging to the City, fellow employees,
or vendors with care and proper consideration of ethical and legal ramifications and
governmental regulations;
C. Never use information gained confidentially in the performance of duties for profit;
D. Exhibit a friendly, cooperative, and yet objective relationship with all suppliers; this will help
avoid the appearance of partiality in business dealings; and
E. Actively strive to comply with City policies and federal and state laws regarding purchases
from small businesses and those owned by minorities and other disadvantaged groups.
City employees must discharge their duties impartially to ensure suppliers have fair and competitive
access to government procurement. City employees must conduct themselves in such a manner
as to foster public confidence in the integrity of the City of Sanger procurement opportunities. Each
employee must report any potential violations to the proper authorities.
8 City of Sanger
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Item 1.
Section 3: PURCHASING PROCEDURES
3.1 DEPARTMENT RESPONSIBILITIES
It is the responsibility of the Department Director and/or Authorized Designee to ensure the following:
A. The appropriate budget has been identified and is available;
B. The appropriate method of purchase has been identified. For any purchases expected to
exceed $50,000, the Finance Department should be consulted on ensuring the appropriate
method of purchase is selected;
C. City management and/or City Council approves of the purchase;
D. City policy is being followed;
E. State and Federal laws are being enforced;
F. Documentation for the purchase is attached to the PO as requested
G. Invoices are submitted within five (5) days of receipt to adhere to the provisions of the
Prompt Payment Act as defined in section 9.
3.2 PURCHASING THRESHOLDS
Purchasing thresholds are established to ensure fair competition among available, responsible
vendors. To effectively expedite and control purchases of goods and services that are subject to Local
Government Code, Chapter 252, the City of Sanger has adopted the follo wing purchasing thresholds.
Employees should be aware that Chapter 252 of the Texas Local Government Code prohibits the use
of “separate, sequential, or component purchases” to avoid competitive bidding requirements:
Component Purchase is a purchase of the component parts of an item that in normal purchasing
practices would be purchased in one purchase.
Separate Purchases are purchases made separately of items that in normal purchasing practices
would be purchased in one purchase
Sequential Purchases are purchases made over a period of items that in normal purchasing
practices would be purchased in one purchase.
At no time, shall purchases be broken down into smaller quantities or specialized activities so as to
avoid the requirements stated below. This practice is against State law and City policy.
PURCHASES $2,999.99 OR LESS
A. An approved department representative may source these items directly.
B. Multiple quotes are recommended, but not required for this threshold.
C. Purchases must be made with the purchasing card, under an authorized vendor charge
account, or by obtaining a purchase order prior to placing the order. The following
documentation is required:
Purchasing Policy & Procedures Manual 9 13
Item 1.
• Quote or proposal
• Contract executed by City Manager, if applicable. Insurance is required if the supplier is
performing work on City property.
• Insurance certificate, if applicable.
PURCHASES $3,000 TO $49,999.99
A. Requires three written quotes.
B. Requires a documented attempt to contact two Historically Underutilized
Businesses (HUBs) from HUB vendors within Denton County.
C. A purchase must be made by obtaining a purchase order prior to placing the order. The
following documentation is required:
1. All quotes/proposals obtained for this purchase (minimum of three)
2. HUB vendor information, if applicable. Indicate which HUB vendors were contacted. If
no HUB vendors were identified, please indicate so.
3. Contract executed by the City Manager, if applicable.
4. Insurance certificate, if applicable. Insurance is required if the supplier is performing
work on City property.
PURCHASES $50,000+
Purchases in amounts of $50,000 or greater are generally subject to requirements of the competitive
bid process unless specifically exempted by State Law.
Exceptions to the $50,000 Bid Threshold:
E. Professional Services
F. Emergency Purchases
G. Disaster Purchases
H. Sole Source Purchases
I. Cooperative Purchases
J. Other Exemptions as outlined in the Texas Local Government Code Chapter 252
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Item 1.
APPROVAL AUTHORITY
AMOUNT
Approval Requirements
Level 1 Level 2 Level 3 Level 4 Review &
Issuance
$2,999.99 or
less
Authorized
Staff
Director Finance
$3,000
- $24,999.99
Authorized
Staff
Director Finance
$25,000
- $49,999.99
Authorized
Staff
Director City Manager Finance
$50,000 + Authorized
Staff
Director City Manager City Council Finance
3.3 EMERGENCY PURCHASES
Texas statutes generally allow the local government to make “emergency or exempted purchases”
without competitive bidding as per Texas Local Government Code 255.022 “General Exemptions”.
A political subdivision is generally exempted from competitive bidding or contacting Historically
Underutilized Businesses (HUB) if one of the following occurs:
Public Calamity – In the case of a public calamity, the prompt purchase of items is required to provide
for the needs of the public or to preserve the property of the political subdivision.
Preservation or Protection – The item is necessary to preserve or protect the health or safety of
residents of the political subdivision.
Unforeseen Damage – The item is made necessary by unforeseen damage to public property.
True emergencies almost always occur as a result of parts and labor needed for unforeseen repairs
to equipment that must be kept operational. When an emergency occurs, the need for quotes will
be eliminated; however, a written explanation must be indicated on the Statement of Compliance for
Irregular Purchases
A. If the product or service is over $3,000 and under $50,000, obtain the City Manager’s
authorization. Once authorization has been received, submit a requisition to obtain a
purchase order, then call the vendor to initiate repair services or order the needed
materials. The Purchase Order should be prepared and approved by both the Department
Director and the City Manager. Immediately, or as soon as feasible, submit a copy of the
invoice to Purchasing.
B. In the event the emergency expenditure exceeds $50,000, follow the same procedures
outlined in item A above, and prepare an agenda item and/or resolution for City Council
approval to declare it an emergency and ratify payment for the products or services
purchased.
Purchasing Policy & Procedures Manual 11
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Item 1.
C. In extreme cases involving a disaster, an emergency declaration will be made. All
purchases must be documented through proper state and federal forms and authorized by
the Emergency Operations Center designated employee(s).
D. An emergency created through neglect will not be processed as an emergency.
Typical examples of such neglect are:
A. Depletion of stock due to lack of planning.
B. Building or equipment needing repairs for some time suddenly becomes listed as an
emergency overnight within a short period with no substantial reason or facts.
C. Orders of materials for projects, most of which must be planned weeks or months ahead of
time and requested just before desired use.
3.4 DISASTER PROCUREMENT
3.4.1 PURPOSE
This policy modifies the City of Sanger’s normal procurement practices to assure that, in both
emergency and exigent circumstances caused by a proclaimed disaster or emergency, the City of
Sanger is able to acquire the goods and services required to address an immediate threat to life,
public health, or safety, or to eliminate/reduce an immediate threat of signif icant damage to improve
public and private property through cost-effective measures while still maintaining an effective
purchasing process and complying with applicable local and state purchasing laws. Where the City is
included in a major disaster or emergency declared by the President of the United States, this policy
also assures that City purchases comply with Federal regulations applicable to FEMA disaster grant
reimbursement as defined in Title 2 of the Code of Federal Regulations, Part 200. (2CFR Pa rt 200)
3.4.2 DEFINITIONS
For the purposes of this policy, a proclaimed disaster or emergency exists if:
A. The Governor has declared a state of emergency for an area that includes the geographic
territory of the City of Sanger, or
B. The Mayor of the City of Sanger has declared an emergency in the City.
Exigent circumstances are situations in which:
C. A disaster or emergency has been proclaimed, and
D. The public exigency for goods and services required to address an immediate threat to life,
public health, or safety or to eliminate/reduce an immediate threat of significant damage
to improved public and private property through cost-effective measures will not permit
competitive solicitation.
Emergency Operations Center (EOC) is the centralized location of emergency response and recovery
support operations during incidents.
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Item 1.
Emergency Management Coordinator (EMC) is the employee delegated by the Mayor.
3.4.3 DELEGATIONS OF PURCHASING AUTHORITY IN EXIGENT CIRCUMSTANCES
A. Delegation - If the City Manager determines that goods and services must be procured
before the City Council is able to assemble and approve purchases, the City Manager has
the authority, subject to the limitation set forth in subparagraphs 3.4.3 B and 3.4.3 C, to
approve the immediate rental or purchase of any equipment, supplies, services or other
items necessary to respond to an immediate threat to life, public health, or safety, or to
eliminate/reduce an immediate threat of significant damage to improved public and private
property through cost-effective measures.
B. Limits of Single Purchase Authority - The City Manager or designee shall have the authority
to make individual purchases up to $10,000 on his or her signature alone. The City
Manager shall have the authority to make purchases above $10,000 up to a maximum of
$250,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by
the Mayor Pro-tem, and in his or her absence, another council member.
C. Limits of Aggregate Purchase Authority - The City Manager or designee shall have the
authority to make aggregate purchases up to $10,000 on their signature alone. The
City Manager shall have the authority to make purchases in excess of $10,000 up to
a maximum of $250,000 when countersigned by the Mayor or in the Mayor’s absence
countersigned by the Mayor Pro-tem, and in his or her absence, another council member.
3.4.4 DELEGATION OF AUTHORITY
Sub-Delegation: At any time that the City Manager is not available, his or her designee shall approve
purchases as allowed in this section.
Sub-Delegation of Purchasing Authority: If neither the City Manager nor his or her designee is
available, the following department heads have the authority to rent or purchase from the nearest
available source any equipment, supplies, services, or other items necessary to respond to an
immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of
significant damage to improved public and private property through cost-effective measures, up to a
maximum of $10,000.
Department Heads include:
• Assistant City Manager
• Chief Financial Officer
• Police Chief
• Fire Chief
Purchasing Policy & Procedures Manual 13
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Item 1.
• Assistant Fire Chief
• Public Works Director
Administrative Procedures:
A. As soon as possible, after purchases are made under this section, the City Manager, his
or her designee, or department head shall submit to the Finance Director a requisition and
a notation that the commodity has been ordered on an emergency basis from the vendor
designated.
B. The Chief Financial Officer will inform the City Manager and City Council of any individual
purchase under this section with a contract amount greater than $10,000 and also
whenever the aggregate of purchases under this section is greater than $250,000.
C. Finance staff will obtain the City Manager’s or the City Manager’s designee approval prior
to any purchase by a department head if the amount is $10,000 or more.
D. If the City Manager or his or her designee is unavailable, and the delay in getting his/her
signature would imperil life, safety, or improved property, the department heads as listed in
3.4.4 above may approve the emergency purchase of $10,000.
E. The Chief Financial Officer shall have the authority to approve all disaster-related
purchases under $250,000.
F. The Chief Financial Officer will expedite the verification of funds available and complete the
preparation of the purchase order.
3.4.5 PROCUREMENT PROCEDURES IN EXIGENT CIRCUMSTANCES
Upon receipt of requisitions under Section 3.4, the Chief Financial Officer shall prepare purchase
orders for the emergency equipment, supplies, services, or other items in accordance with the
requirements of this section.
A. Exempt Purchases are those less than $250,000 and do not require a formal bid.
B. Purchases greater than $250,000 may be made following the procedures specified in this
section. The signature(s) of the City Manager, Chief Financial Officer, and/or Department
Head are required.
Justification of Sole Source or No-bid Contracts, where exigent circumstances require immediate
Procurement from the nearest available source,
A. The Chief Financial Officer shall use the “Justification Form for Emergency Sole Source or
No-Bid Purchase.”
B. Procurement should be limited to that portion of the work that must be performed
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Item 1.
immediately, allowing subsequent Procurement by competitive proposals of the remainder
of the work.
C. “Sole source” or “no-bid” acquisitions shall be necessary for one of the following reasons:
placement of emergency protective measures, procurement of a scarce commodity, goods,
or services or purchase or rental of emergency equipment, emergency consulting services,
emergency road clearance or other emergency requirements.
Provision for Alternate Bid Solicitation Procedures: : The City’s normal requirements for sealed bids
shall not apply to acquisitions under this section. However, the Department Head shall conduct
telephonic or other electronic bid solicitation from potential vendors or suppliers in lieu of written and/
or sealed bids in an effort to obtain multiple competitive proposals when and if time allows in light of
the exigent circumstances.
Locations of Postings for Request for Proposals or Invitation to Bids: The Chief Financial Officer
may waive standard requirements for public posting of requests for proposals or solicitation of bids.
Notices soliciting bids or requests for proposals shall be posted at the City’s designated Emergency
Operations Center.
Length of Time for Posting Requests: The Chief Financial Officer may shorten the normal bid
period from fourteen days to expedite the award of contracts for emergency equipment, goods, or
services. The Procurement Officer should seek to ensure that the shortened bid period allows multiple
suppliers to submit bids.
Number of Bids Required: Solicited bids that are non-responsive shall count towards the minimum
number of bids required when there is a declared emergency or disaster in the Jurisdiction. All such
no-bids must be documented as to the time, date, and person/company contacted, with a reason for
no-bid, if possible.
3.4.6 Notification and Ratification
Posting of Contracts and Awards – Under this section, all contracts awarded that exceed $50,000
shall be presented to City Council for ratification and publicly posted within sixty (60) days.
Authority to Cancel Emergency Procurements: The City has the absolute authority to rescind a
contract for non-performance within 24 hours when a contractor or vendor, once awarded a con tract,
is unable to perform under the terms of the contract and the resulting delay or non -performance
presents an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate
threat of significant damage to improved public and private property through cost-effective measures.
1. Notification Requirement for Emergency Purchases: For any purchase in excess of
$50,000, the Chief Financial Officer shall report all such purchases to City Council within
thirty (30) days of the onset of the disaster.
2. Requirement for Separate Invoicing: All purchases or rentals made during proclaimed
emergency or disaster conditions shall require separate invoicing from routine (non -
disaster related) purchases. All invoices shall state the goods, services, or equipment
Purchasing Policy & Procedures Manual 15
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Item 1.
provided and shall specify where the goods or services were delivered. All invoices shall
specify the locations where the goods or services were used if at all possible.
3. Auditing of Invoices for Debris Clearance Prior to Payment: All invoices for debris
clearance and removal shall be audited by the City prior to payment to the vendor.
Vendors shall be notified of this requirement before the award of any contract for debris
clearance and/or removal. Audits shall be in accordance with procedures for debris
removal monitoring specified in FEMA’s Publication 325, Debris Management Guide.
4. Limitations of Disaster Purchasing Policy: For the purposes of this section, an
emergency or disaster shall be deemed to exist when a condition exists that presents
an immediate threat to life, public health, or safety or to eliminate/reduce an immediate
threat of significant damage to improved public and private property through cost-
effective measures and a local emergency or disaster has been proclaimed. Any
purchases that do not meet the standard of being necessary for responding to an
immediate threat to life, public health, or safety or to eliminate/reduce an immediate
threat of significant damage to improved public and private property through cost-
effective measures shall follow the City’s regular purchasing provisions.
5. Notwithstanding the terms of this policy, nothing contained herein shall conflict with
Federal procurement regulations as currently defined in 2 CFR Part 200.
3.5 Sole Source Purchases
Quotes are not required if the materials, goods, or supplies can only be purchased from a sole
vendor, in other words, a sole source. Reasonable efforts must be made to ensure purchases from
sole sources are correctly classified as such. Materials, goods, and/or supplies cannot be requested
so as to remove other suitable alternative vendors/sources. The department must attach justification
to validate the sole source procurement meets one of the requirements listed below.
• The good/service is one-of-a-kind or patented, copyrighted, secret process or unique item;
• The product is only available from a regulated or natural monopoly; or
• The product is a component of an existing system that is only available from one supplier.
• Sole source purchases are approved only after the lack of alternate sources has been
determined and proof of sole source is documented. The written justification should include
one or more of the following:
• Statement on company letterhead from vendor attesting to the fact that the item(s) being
requested are only available from that vendor.
• A statement from the Department Director or authorized designee providing information
concerning previous attempts to obtain competitive bids on the item(s) requested
including the name of the company and person contacted, in an effort to find other
sources.
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Item 1.
• If the purchase is $50,000 or greater, it must be found to be a sole source by the City
Council before the purchase or contract is executed.
3.6 Cooperative Purchases
Texas Government Code, Chapter 791, and Texas Local Government Code, Chapter 271, authorize
the use of cooperative purchasing programs. These chapters authorize the City to use another
entity’s bid and likewise allow another entity to use the City’s contracts. Additionally, the statutes allow
the City to use a cooperative contract issued by an established cooperative agency.
The following must be included and established to utilize a cooperative contract.
A. The bid specifications/contract must have cooperative language.
B. The awarded vendor must have agreed to the terms.
C. An Inter-local agreement must be in place between the City and the issuing entity.
The City has established memberships and entered into inter-local agreements which promote
participation in cooperative purchasing programs. Purchasing Inter-local Agreements will not be
executed to merely avoid the competitive process. The Finance Department shall manage and
oversee all Purchasing Inter-local Agreements. Departments should contact the Finance Department
for assistance with cooperative purchases and any reporting requirements.
3.7 Procurement of Professional Services
Professional services generally refer to those services performed by an individual.
Cities are prohibited by law from awarding a contract by competitive bidding for some professional
services, including architects, interior designers, engineers, or certified public accountants. The
Professional Services Procurement Act established a set of procedures that must be followed to
contract for these services.
The selection of these providers shall be based on demonstrated competence, experience, and
qualifications of the firm. If a department is not sure if a service is a “professional service,” the
department should contact the Finance Department before securing such services.
3.8 Public Works/Construction Procurement
Public Works projects are those projects that require the construction, repair, or renovation of a
structure, building, street, highway, bridge, park, water and wastewater distribution facility, airport
runway or taxiway, drainage project, or other improvements or additions to real property.
A. Bid Type: Several processes are defined in the Texas Government Code Chapter 2269.
The Department Head shall consult with the Chief Financial Officer to determine which
method will provide the best value for the City.
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Item 1.
B. Prevailing Wage Rates: Texas Government Code Chapter 2258 mandates that any Public
Works contract awarded by the City include the requirement to pay prevailing wage. The
statue requires the payment of a prevailing wage rate for laborers and mechanics and
applies to both contractors and subcontractors. Wages for workers on construction projects
shall not be paid less than the schedule of general prevailing rates of per diem wages as
mandated. The prevailing wage rate or a link with the wage rates with the date shall be
included in public works projects. Rates may be accessed at: http://www.wdol.gov/dba.
aspx.
C. Bonding Requirements: Bonds shall be executed in accordance with the Texas Government
Code Chapter 2253.
• The bond must be executed by a corporate surety in accordance with the policies of the
City.
• The corporate surety must be licensed by the State of Texas to issue surety bonds and
appear on the U.S. Treasury List of acceptable forms.
• A Power of Attorney must be included.
• Bonding shall be verified prior to the start of any project.
D. Insurance and Indemnification Requirements:
• The minimum insurance required will be specified by the City of Sanger.
• For construction projects, all contractors and sub-contractors, including those delivering
equipment or materials or performing a service shall provide workers’ compensation for
all employees. General contractors are responsible for ensuring that sub -contractors
carry the same or higher insurance as those required.
• All contractors shall provide proof of coverage satisfactory to the City. Contractors
shall post required signs at the job site(s) informing all workers of their right to workers’
compensation coverage. Texas Labor Code §406.096.
3.9 Change Orders
A change order is the written documentation and approval process that must be performed when
changes in the scope of a project are proposed after the performance of a contract has begun. Such
changes may include a significant change in the quantity of work to be performed, the cost of work
to be performed, or the materials, equipment, or supplies to be furnished. A change order is usually
written for a construction contract but may be necessary for other types of contracts. Refer to Texas
Local Government Code Chapters 252 and 271.
Threshold for Change Orders
A “threshold” is defined as a financial limit on the amount of expenditures that can be authorized by
the City Manager on a construction project before requiring City Council approval. See Texas Local
18 City of Sanger
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Item 1.
Government Code Chapters 252 and 271.
• Change Orders Greater than $50,000 – If the change order is greater than $50,000 it must
be approved by the City Council.
• Change Orders Less than $50,000 – If the change order is less than $50,000 it may be
approved by the City Manager.
• A change order or cumulative total of project change orders may not exceed 25% of the
original contract amount.
• Once the total of all approved change orders on a project (including the contingency
amount) totals more than $50,000, all subsequent change orders must be approved by the
City Council.
• The original contract price may not be decreased by more than 25% without the consent of
the contractor.
• Change orders shall be listed in number sequence on the Purchase Order.
Approval for Change Orders
If aa change order is greater than $50,000 and is extremely time sensitive and qualifies as an
emergency, the City Manager may approve such a change order prior to City Council approval;
however, such change order still must be brought to the City Council as soon as possible for
approval. Emergency conditions are defined in this policy.
Contingency Funds
The City Council may establish a contingency fund for a construction project at the time of the award
of a bid to be used during the course of a project. A contingency fund maybe established at any dollar
amount above the bid award provided that is reasonable and prudent. (10% or less as determined by
staff/budget.)
3.10 Purchasing Card
The Purchasing Card (PCard) program is intended to streamline and simplify the purchasing and
accounts payable functions for small purchases. The Purchasing Card is a tool that reduces
transaction costs, facilitates the timely acquisition of materials and supplies, automates data flow for
accounting purposes, and offers flexible controls to help ensure proper usage.
The Program is designed as an alternative to various processes, including petty cash and purchase
orders for small purchases. The Program is not intended to avoid or bypass appropriate procurement
of payment procedures. Instead, the Program complements the existing processes available. The
Purchasing Card is a MasterCard credit card issued by Citibank. Some record-keeping is essential to
successfully use the Purchasing Card.
Purchasing Policy & Procedures Manual 19
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Item 1.
This Cardholder Guide provides information about the process, the types of purchases that can and
cannot be made, records that must be maintained and reconciled for each cycle, and a variety of
other Program information.
Employees commit city funds each time they use the Purchasing Card. This is a responsibility that
should not be taken lightly. Employees are responsible for all charges made to the card issued t o
them. Intentional misuse or fraudulent abuse may result in disciplinary action up to and including
dismissal.
The card will have no impact on the Cardholder’s personal credit. Although the card lists an
individual’s name, the card is issued to the City of Sanger.
Definitions
For the purposes of the Purchasing Card Program and Cardholder Guide, the following words shall
have the meaning designation as follows:
Cardholder refers to an employee who:
• Has been approved by the department director to receive a purchasing card.
• Has read the Cardholder Guide, signed the Purchasing Card Agreement, and has been
issued a card in their name.
• Is authorized to purchase items for their work group in accordance with purchasing
guidelines of the city and with this Cardholder Guide.
Department Coordinator (optional) is the person designated by a department director to administer
the purchasing card accounts at the department level.
Program Administrator is the designated person assigned by the Finance Department who
administers the program for all departments, responsible for setting up, overseeing, and maintaining
the Purchasing Card Program.
Obtaining a card
Only full-time employees of the City of Sanger are eligible to receive a Purchasing Card. Employees
will only be issued a Purchasing Card at the request of their department director to the Program
Administrator. Requests are to be made using the Purchasing Card Request form.
Employees are required to read the Cardholder Guide, understand the procedures outlined, and sign
and date the Cardholder Agreement before being issued a Purchasing Card.
Upon receipt of a Purchasing Card, the Cardholder must sign the back of the card(s) and always keep
it in a secure place. The Cardholder is responsible for the security of the card(s) issued in their name
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Item 1.
and the transactions made against the card(s).
Although each Purchasing Card is issued in the employee’s (Cardholder’s) name, it is the City of
Sanger’s property and is only used for city purchases as defined in this guide.
Purchasing Card Restrictions
A. The Card is NOT to be used for personal purchases. Other restrictions include, but are not
limited to:
• Alcohol or liquor
• Entertainment, such as theater, movies, golf, etc
• Services such as contracts and agreements
• Cash refunds or advances
• Fuel purchases
B. The Purchasing Card is NOT to be used for single purchases over $3,000.00.
C. Under no circumstances should a transaction be split into two separate receipts to bypass
the single transaction dollar limit.
D. Each card requires a monthly total limit, which will deny further transactions in that month.
Using the Card
Purchases with the necessary approval are initiated using the Purchasing Card. Cardholders must
contact the supplier and agree to the price, quantity, and delivery date. When ordering, Cardholders
should inform the supplier that the purchase is for City business, a tax-exempt entity, and should
not be charged sales tax. If the purchase is via phone or mail, the Cardholder should ask the
supplier to include the receipt with the goods when the product is shipped. This receipt is the only
original documentation specifying whether or not sales tax has been paid against the purchase. The
Cardholder is required to retain all receipts for purchases. An original, itemized receipt for every
purchase must be obtained from the vendor when the card is used. Restaurant purchases must
include the credit card receipt with the total, including tip, in addition to the itemized receipt.
Sales Tax
As a tax-exempt government agency, the City of Sanger does not pay sales tax. Cardholders are
responsible for ensuring that the City is not charged sales tax by alerting the merchant in advance
that the transaction is tax-exempt. If tax is included, the cardholder is responsible for correcting the
charge.
Cardholder Duties and Responsibilities
• Cardholders, or an assigned liaison, are responsible for reconciling the statement monthly.
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Item 1.
• The cardholder must ensure transactions are completed within the assigned limits and
guidelines, sales tax was not applied, and the original “detailed” receipt is included.
• The cardholder is responsible for processing returns, verifying credits are received, tracking
card balances, and disputing charges directly with the vendor.
If a cardholder finds a discrepancy, they should contact the vendor and attempt to resolve the
problem directly.
A. The transaction in dispute must be noted in the item’s description.
B. Cash refunds for returns are not allowed.
C. The cardholder must verify the credit is received and attach documentation such as a
return receipt or email from the vendor to the expense report.
If a cardholder cannot resolve a disputed item directly with a vendor, the cardholder should contact
the Program Administrator for assistance.
Purchasing Card Transaction Flow
Purchase
The cardholder makes a purchase using the purchasing card; the Cardholder obtains an itemized
receipt, and Cardholder forwards the itemized receipt to the Department Coordinator (if any).
Departments may require Cardholders to record all Purchasing Card transactions on a Purchasing
Card Transaction Log.
Reconciliation
Every month, the Cardholder will receive a statement from Citibank. The Cardholder (or Department
Coordinator) shall review the statement and prepare a single Accounts Payable Voucher for all items
on the statement. The A/P Voucher, monthly statement, and all individual purchase receipts shall be
submitted to the Finance Department within five business days of the statement date. Photographs
of receipts are not acceptable and should not be used. If the Department Coordinator has assigned
General Ledger account codes, the Department Director must review and approve the charges.
Photographs of receipts are not acceptable and should not be used. If a Department Coordinator has
entered the General Ledger account codes, the Department Director must review.
The Finance Department
The Finance Department consolidates all statements received from departments and arranges
payment.
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Item 1.
Resolving Errors and Disputes
In the case of an error, the Cardholder is first to contact the supplier and try to reach an agreement.
Most disputes can be resolved in this manner. If unable to settle with the supplier or vendor, the
Cardholder is to report the error or dispute to their supervisor immediately.
Paying the Bill
Purchasing Card purchases will be charged to an expense account based on the department/account
combination that has been established.
Lost or Stolen Cards
Purchasing Cards should be secured in the same way as personal credit cards. In the event of a lost
or stolen Purchasing Card, Cardholder is to immediately contact Citibank via the toll-free number 800-
248-4553 and notify the Purchasing Card Program Administrator.
Refusal of Card or Account
Should the Card be declined at the point of sale for any reason, Cardholder should contact the
Purchasing Card Program Administrator. Every effort will be made to determine why the transaction
was declined.
Purchasing Card Audit Activity
Purchasing Card activity is subject to random audits by appropriate personnel, including the
City’s external auditors. The random audits help ensure adherence to the Program’s policies and
procedures.
Merchants That Do Not Accept the Card
Merchants should be encouraged to become involved in the Purchasing Card Program. Merchants
may contact their local bank or financial institution to become credit card capable. For those
merchants that are unwilling to participate in the Program, alternative sources should be found.
Violations
Revocation Of The Purchasing Card
The purchasing card is subject to revocation at any time at the discretion of the City Manager. Each
cardholder must acknowledge receipt of the purchase card, understand the rules of usage, and sign
the Cardholder Agreement Form. Failure to abide by this policy will result in revocation of their card
and disciplinary action up to termination of employment. The Chief Financial Officer will recommend
to the Department Director that the card be revoked following any violation of the Procurement Card
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Item 1.
policy.
The Finance Director is authorized to temporarily suspend use of the card if unauthorized use is
discovered and poses a threat to internal financial controls.
• First Violation - revoke privileges for 30 days.
• Second Violation - suspend privileges/revocation at the discretion of the City Manager and/
or disciplinary action including termination of employment.
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Item 1.
Section 4: METHODS OF PROCUREMENT
4.1 Procurement Methods
The Department Head will consult with the Chief Financial Officer to determine the best method of
procurement to purchase goods and services. The methods of procurement utilized by the City are as
follows:
1. Quote Method
Quotes are utilized to purchase goods and services up to $50,000. Examples include but are not
limited to maintenance and repair items, cleaning supplies, furniture, and office equipment.
Purchases over $3,000 and up to $50,000 are subject to the Historically Underutilized Businesses
(HUB) law of the State of Texas. Quotes can be obtained for one-time purchases or for the
establishment of an annual contract. The award is made to the vendor providing the lowest bid or the
best value, as pre-determined by the City. Negotiations are not permitted.
2. Competitive Sealed Bidding Method/Invitation for Bid (IFB)
A bid is utilized to purchase goods and services over $50,000 and is subject to the competitive bid
laws of the State of Texas. A bid is utilized for one-time purchases or for the establishment of an
annual contract if there is a continuous need to purchase the same goods or services totaling in
excess of $50,000 annually. Award is made to the lowest responsive and responsible bidder, or to the
bidder providing the best value, as pre-determined by the City. Negotiations are not permitted.
In determining the best value for the municipality, the municipality may consider:
(1) the purchase price;
(2) the reputation of the bidder and of the bidder’s goods or services;
(3) the quality of the bidder’s goods or services;
(4) the extent to which the goods or services meet the municipality’s needs;
(5) the bidder’s past relationship with the municipality;
(6) the impact on the ability of the municipality to comply with laws and rules relating to
contracting with historically underutilized businesses and nonprofit organizations employing
persons with disabilities;
(7) the total long-term cost to the municipality to acquire the bidder’s goods or services; and
(8) any relevant criteria specifically listed in the request for bids or proposals.
3. Competitive Sealed Proposal (CSP) / Request for Proposal (RFP) Method
This method is used for the purchase of goods and services at any dollar threshold, where factors
Purchasing Policy & Procedures Manual 25
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Item 1.
other than price are considered in the award process. A pre-determined set of evaluation criteria is
established, and all proposals are evaluated against the criteria and scored accordingly. Negotiations
are permitted in order to obtain the best value for the City.
4. Request for Qualifications (RFQ) Method - Purchase of Professional Services
The RFQ process is utilized to procure professional services, as defined in Texas Government Code,
Chapter 2254.
(a) Cities are prohibited from using competitive bidding procedures to obtain the services of
architects, engineers, certified public accountants, land surveyors, physicians, optometrists,
landscape architects, geoscientists or state-certified real estate appraisers. Instead, for
contracts involving architectural, engineering or land surveying services, a City must first
select the most highly qualified provider and then attempt to negotiate a fair and reasonable
price.
(b) All Other Professional Services: The RFQ process is utilized to select a firm on the basis
of demonstrated competence and qualifications to perform the services, and for a fair
and reasonable price, for professional services other than those identified above, if the
expenditure is anticipated to be in excess of $50,000
A pre-determined set of evaluation criteria is established, and all qualifications are evaluated against
the criteria and scored accordingly. Price cannot be disclosed or considered during the scoring
process. Negotiations are permitted with the most highly qualified firm only. Negotiations will continue
until terms, conditions, and a fair and reasonable price are agreed upon. If negotiations with the most
highly qualified firm are not successful, negotiations will cease with the current firm and begin with the
next most highly qualified firm. Once negotiations have ceased with a firm, re -opening negotiations
with that firm is not allowed.
4.2 Awarding the Bid
Best Value - If best value is utilized, below are a list of items the department may utilize to make the
determination of “best value” for the City.
• Purchase price;
• Reputation of the bidder;
• The bidder’s safety record;
• Warranties;
• The quality of the bidder’s goods or services;
• The extent to which the goods or services meet the City’s needs;
26 City of Sanger
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Item 1.
• The bidder’s past relationships with the City or Department;
• The impact on the ability of the City to comply with laws and rules relating to contracting
with historically underutilized businesses (HUB) and nonprofit organizations employing
persons with disabilities;
• The total long-term cost to the City to acquire the bidder’s goods or services; and
• Any relevant criteria specifically requested in the bid or proposal.
In the event no bids are received, the Department may re-advertise or choose to not undertake a
contract. If only one bid is received, the City Council may choose to accept the bid, reject the bid and
re-advertise, or determine not to undertake the project.
Bids are opened and read aloud at the designated time and place. The bid/bids must then be
presented to City Council. The City Council must then award the bid to the lowest responsible bidder
or if previously determined, the bidder with the “best value”. The City Council does have the option to
reject all bids as well.
Once a bid has been opened, it may not be changed or altered to correct minor errors in the
price. However, under some circumstances, a bidder may be able to withdraw a bid if it contains a
substantial mistake that would cause a great hardship if enforced against the bidder.
Note: Preference will be given to products with recycled materials as long as the products meet
applicable specifications.
4.3 Confidentiality of Information in Bids or Proposals.
(a) Trade secrets and confidential information in competitive sealed bids are not open for
public inspection.
(b) If provided in a request for proposals, proposals shall be opened in a manner that avoids
disclosure of the contents to competing offers and keeps the prop osals secret during
negotiations. All proposals are open for public inspection after the contract is awarded,
but trade secrets and confidential information in the proposals are not open for public
inspection. (Local Government Code, Chapter 252, Sec. 252.049)
(c) Proposals must be made confidential until an award is made.
Purchasing Policy & Procedures Manual 27 31
Item 1.
Section 5: BOND, INSURANCE, AND INDEMNIFICATION
Bond Policy
Bidders may be required (at the statutory limit or less) to provide certain bonds for Public Works/
Construction Contracts. This ensures that if the bidder attempts to withdraw after the bid is accepted,
the City will not suffer loss. The City will only accept sureties duly qualified and authorized. Personal
sureties will not be accepted.
The City may require bonding on other projects to mitigate risk. The City requires payment,
performance, and maintenance bonding to be provided.
Types of Bonds
A. Bid Bonds – The Bid Bond minimum limit is five percent (5%) of the total amount bid and
would typically apply to construction contracts. It is the City’s option whether or not bidders
to provide a Bid Bond. Certified or cashier’s check will not be accepted in lieu of a Bid
Bond. Bid Bonds are provided on surety forms. Bid Bonds will be returned to the issuing
vendor upon request. Bond must be requested within ten days of award.
B. Payment Bonds are required for Public Works contracts in excess of $50,000 and must
be written for 100% of the total bid price. The Payment Bond is for the protection of those
performing work as subcontractors or suppliers for the prime vendor/contractor.
C. Performance Bonds are required for all Public Works contracts when the vendor’s bid
exceeds $100,000, and they must be written for 100% of the total bid price. These bonds
are solely for the protection of the City in the event of a contractor/vendor default under
Contract terms and conditions.
D. Maintenance Bonds can be written for a term relevant to the project. The coverage
provided by a Maintenance Bond is to guarantee against defective workmanship and
materials.
Bond Requirements
A. All Bonds must be in the forms acceptable to the City Manager.
B. All performance bonds must be executed by such sureties as are named in the current
list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies”, as published in Circular 570, as may be
amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of
the Treasury.
C. All performance bonds must be signed by an agent and must be accompanied by a certified
copy of the authority for him or her to act.
D. All performance bonds shall be obtained from surety or insurance companies that are duly
licensed or authorized in the State of Texas to issue performance bonds for the limits and
coverage required.
E. Approval of bonding company as per ratings of the Texas Department of Insurance, or a
successor agency.
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Item 1.
Insurance and Indemnification Policy
A. Contractors performing work on City property or public right-of-way shall provide
indemnification and certificates of insurance listing the City as an additional insured or a
copy of their insurance policy(s) including a copy of the endorsements necessary to meet
contract requirements, and hold harmless and defense clauses.
B. Contractual agreement must contain a provision that transfers the risk of the project for
the City to the contractor. Because the contractor may not have the financial resources
to handle the risks that are transferred in the contract, the City requires that insurance be
purchased and maintained by the contractor for financial security.
C. Workers’ Compensation Insurance – Per Statute, contractors and subcontractors hired for
building and construction projects must provide Workers’ Compensation Insurance for their
employees regardless of the project’s cost. See Texas Labor Code, § 406.096.
D. All insurance documents must be verified and approved prior to the contract, purchase
order, or commencement of work to be performed.
Note: City Manager may waive any insurance requirements for low cost/low risk contracts.
Purchasing Policy & Procedures Manual 29 33
Item 1.
INSURANCE
City of Sanger
Minimum Insurance Requirements Summary
Agreement Type General
Liability Auto Work.
Comp.
Employers
Liability
Prof.
Liability
Installation
Floater
Builder’s
Risk
Garage
Liability
General Contract
- Services X X X X
Personal Services X X X
Professional
Services X X X X X
Construction X X X X X X
Special Events X X X
Min Coverage
Amounts
Minimum Standard
Limit
$1M Per
Occurrence
$2M
Aggregate
$1M
Combined
Single
Limit
Texas
$500K
Accident
$500K
Employee
$500K
Limit
$1M Per
Occurrence
$2M
Aggregate
100%
Project
Completed
Value
100%
Project
Completed
Value
Total
Value of
Vehicles
Additional Coverages (in addition to standard requirements based on agreement type unless noted)
Construction
Contracts Employers Liability Limit: $1M/$1M/$1M; CGL Limit: $2M per occurrence and $4M aggregate
Garbage Collection
Services CGL Limit: $5M per occurrence and $10M aggregate; Auto Limit: $5M Combined Single Limit
Pollution Exposure $1M Pollution Liability (or equivalent) - Required for vendors or contractors performing work with pollution
exposure.
Railway Exposure $1M Railroad Protective Liability (insuring the railroad) - Required if performing work within 50 feet of a railway.
Liquor Exposure $1M Liquor Liability - Required for vendors who sell or distribute liquor.
Cyber Exposure $1M Cyber Liability (or equivalent) - Required for vendors with access to City networks or handle sensitive
data.
Footnotes:
(1) Waiver of subrogation shall be provided with the Workers’ Compensation coverage.
(2) The City shall be covered as additional insured on the GL and Auto policies.
(3) Policies of insurance shall not be canceled without a 30-day notice to the City.
(4) Insurance carriers must meet A.M. Best financial rating of A-VI or better.
(5) Combination of primary or excess policies that meet the required limits is acceptable.
(6) Agreements may require additional coverage and/or higher limits at the City’s discretion.
Note: City Manager may waive any insurance requirements for low cost/low risk projects.
30 City of Sanger 34
Item 1.
Section 6: CONTRACTS
DEFINITIONS
Contract is a written, legally binding document or obligation.
Purchase Order is an official written document issued by a buyer, which is a commitment to pay the
seller (vendor) for the products ordered. The process ensures purchases are approved and within
budget. A Purchase Order or Contract is required when insurance and indemnification are needed. A
Purchase Order is a contract.
Annual contract is a contract for goods or services in which pricing is locked for a specific period of
time.
Evergreen contract is one that automatically renews after its initial term expires. The parties agree
that the contract rolls over automatically and indefinitely until one gives the other notice to terminate it.
CONTRACTS
Purchasing items from a vendor other than the awarded vendor is a violation of the purchasing policy.
An exception may be granted due to extenuating circumstances and must be approved in writing by
the Chief Financial Officer.
All purchases greater than $50,000 must include a standard contract, insurance, bonds (if needed),
and a purchase order.
CONTRACT MANAGEMENT
Contract management shall be used by all departments to manage all City-related contracts. Failure
to manage and control changes can result in an unintentional attempted modification to the scope of
work, the extension of the schedule, an increase in the contract cost, circumvention of management
controls, and diminished contractor accountability.
Purchasing Policy & Procedures Manual 31 35
Item 1.
Section 7: SURPLUS PROPERTY
7.1 PURPOSE
The purpose of the policy is to ensure that the disposal of City-owned property is completed in a
consistent manner throughout the organization.
7.2 DEFINITIONS
Disposal means the sale, trade, donation, or destruction of surplus property or equipment.
Item means surplus or obsolete movable assets such as vehicles and equipment, materials, and
unclaimed property.
Surplus means all supplies, assets, materials, and unclaimed property that are either obsolete at the
end of their life cycle or no longer required by operations.
Obsolete – lack of functional use or out of date.
7.3 GENERAL
There are multiple formats for the disposal process. These include auction, transfer, trade-in,
recycling, and destruction. All methods require written approval.
A. Departments should contact the Finance Department prior to the disposal of any property
over $5,000. Departments should complete the required disposition forms.
B. Any item that is still operable and has a potential value shall be auctioned or traded during
the replacement process as it becomes obsolete.
C. Scrap Metal – Staff shall obtain from Finance authorization to recycle specific items. Funds
received for the recycling must be submitted to Finance and deposited. Written receipts
from the recycling center must be provided with the payment.
7.4 PERSONAL USE PROHIBITIONS AND PERMISSIONS
City employees may purchase items from City issued (electronic) third-party auctions, provided that
the employee making the purchase was not involved in the decision to dispose of said item(s).
Steps Responsibility
1 Identify surplus property Department Director or designated
Employee
2 Notify all departments of the availability of the
surplus property.
• Email to all departments/users
• Allow a minimum of seven days
Designated Department employee
32 City of Sanger
36
Item 1.
3 If a department is interested, complete the
City’s Surplus Property Form and submit it to
Finance.
• Requesting department must pick up
the equipment within seven days.
Designated Department employee
4 If there is no interest, notify Finance.
Complete Disposition form and send it to
Finance
Designated Department employee
5 Finance will determine the best method of
disposal through:
• Auction
• Trade-In
• Recycling
• Donation
• Destruction
Finance
6 Prior to Sale:
Department must remove all City of Sanger
identification, markings, or equipment (logo,
department numbering, equipment that will be
used on
other equipment, etc.)
Designated Department employee
7 Move item to a secure location Designated Department employee
8 Take pictures and submit them to Parks
Director • For vehicles & equipment, take a minimum of four pictures (one on each side).
• Additional pictures of the inside, damage to exterior or interior, etc.
• The more information/pictures provided will help with the sell and
fewer questions will be generated by
the public.
Designated Department employee
9 Create a log with the identification, location,
value, and date.
Finance/Parks Director
10 Proceed with auction. Auctions will be
completed quarterly or sooner, If needed.
Finance/Parks Director
11 Receive funds and closeout auction. Finance
Purchasing Policy & Procedures Manual 33 37
Item 1.
Section 8: GRANTS
8.1 POLICY
This policy establishes the responsibility for ensuring compliance and provides a review process that
shall be completed before signing any grant or award document and accepting said grant or award.
8.2 IDENTIFICATION AND APPLICATION
Departments seeking grants must provide advance notice in writing to Administration and the Finance
Department. This ensures that those affected can review and understand grant requirements,
including Budget, Procurement, and auditors.
A. Submit grant requirements to Finance before application submittal.
B. Submit copies of all award documents, applications, and funding agreements to
Procurement and Finance before bidding.
C. If a federal grant, comply with all federal procurement standards in 2 CFR § 200.318
including to those listed below.
1. The City (Non-Federal entity) must use its own documented procurement procedures,
which reflect applicable State, local, and tribal laws and regulations, provided that the
procurements conform to applicable Federal law and the standards identified in this
part.
2. Non-Federal entities must maintain oversight to ensure that contractors perform in
accordance with the terms, conditions, and specifications of their contracts or purchase
orders.
3. Conflict of Interest: No employee, officer, or agent may participate in selecting,
awarding, or administering a contract supported by a Federal award if they have an
actual, apparent conflict of interest. A conflict of interest arises when the employee,
officer, agent, or any member of their immediate family, their partner, or an organization
that employs or is about to employ any of the parties indicated has a financial or other
interest or a tangible personal benefit from a firm considered for a contract. The
officers, employees, and agents of the non-Federal entity may neither solicit nor
accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts.
34 City of Sanger
38
Item 1.
Section 9: MISCELLANEOUS GUIDELINES
9.1 BID PROTESTS
All protests regarding the bid solicitation process must be submitted in writing to the Chief Financial
Officer within five (5) working days following the opening of bids. This includes all protests relating to
advertising, deadlines, bid opening, and other related procedures under the Texas Local Government
Code and protests relating to alleged improprieties or ambiguities in the specifications.
9.2 DEBRIEFING
Debriefings and requests for information shall be in accordance with Texas Government Code, §552
Texas Public Information Act.
Discussion of competing proposals is prohibited.
9.3 NEW VENDORS
All new vendors are required to submit a completed vendor packet.
9.4 DISCRIMINATION
It is the policy of the City of Sanger to afford all suppliers an equal opportunity to bid on any contract.
This policy prohibits discrimination against any person because of race, color, sex, religious affiliation,
age, disability, or national origin, in the award or performance of any contract.
The policy requires its officers, employees, agents, and sub-contractors to adhere to this policy.
9.5 PLACING ORDERS
Funds must be available and in the proper account before submission of requisition and before use of
a purchasing card.
9.6 QUOTES - FREIGHT CHARGES AND FEES
Include freight costs and fees in the total price when obtaining quotes. Freight and fees must be
considered in determining the award.
All freight should be requested as FOB Destination (delivery address) freight pre-paid and allowed.
9.7 PURCHASING ORDERS
Purchase orders are required before placing the order and sent to the vendor when the order is
placed.
A purchase order is required for any purchase not made on a City-issued credit card.
In extenuating circumstances, a purchase order may not be required. All exceptions will be reviewed
and approved by both the Chief Financial Officer and the Chief Financial Officer.
Purchasing Policy & Procedures Manual 35 39
Item 1.
9.8 INVOICES
All invoices must be submitted to Accounts Payable within five days of receipt and include the
following information
A. Receiving information (received in full / received partial)
B. Signature of department representative
C. PO Number
The authorized purchaser is responsible for verifying that all materials/services are received in
working order and meet specifications. Once materials/services are received and verified as correct,
indicate receipt of materials on the invoice by noting “received in full” or “received partial” for each line
item on the Purchase Order.
A. Notify the vendor immediately if the quantity received does not agree with the vendor’s
packing slip or the material does not conform to specification.
9.9 REVOLVING CREDIT ACCOUNTS
Credit accounts are available for the end user’s use; however, they may only be opened or closed by
Finance.
9.10 SALES TAX EXEMPTION
The City is exempt from sales, excise, and use taxes under Texas Tax Code, § 151.309. End users
are responsible for ensuring tax is not paid.
The City is NOT exempt from sales tax for food, lodging, or transportation-related purchases during
travel.
9.11 TIE BIDS
If all factors and conditions relating to the bids are equal, the tie bid will be awarded to the local
vendor.
9.12 VENDOR PERFORMANCE
The City does not have centralized receiving. Departments are responsible for receiving of goods and
services. Departments must document in writing items such as shortages, la te delivery, or damaged
merchandise.
36 City of Sanger 40
Item 1.
9.13 NON-PERFORMING VENDORS
When a vendor fails to perform according to the Agreement (Purchase Order, Annual Agreement,
Contract, and/or Specification), the Department Director or designee will:
A. Document the issues in writing to the vendor and to Purchasing.
B. Schedule a meeting to discuss the issues.
C. Document the resolution to the issue, as agreed upon by the department and the vendor.
Documentation shall be in writing, signed by the department and the vendor.
If a vendor’s performance remains non-compliant or otherwise unsatisfactory, the Department
Director in conjunction with the City Manager will make a joint determination to cancel the contract in
accordance with the terms and conditions of the agreement.
9.14 Prompt Payment Act
Department shall ensure Purchase Orders, invoices, and the appropriate documentation is submitted
to Finance within five (5) days, Invoices are to be paid no later than net 30 days.
Texas Government Code Chapter 2251 stipulates that all local governments shall pay for goods and
services within thirty (30) days of the delivery or invoice date or interest is automatically imposed.
Purchasing Policy & Procedures Manual 37 41
Item 1.
September 1, 2015 1
PURCHASING POLICY
PURPOSE
The purpose of the Purchasing Policy is to provide a means for the acquisition of supplies and services that are
required for the operation of the City of Sanger.
RESPONSIBILITY
Each city employee authorized to purchase supplies, equipment or services must be familiar with the purchasing
procedures and should adhere to them in order to obtain the best results. This policy will not answer all questions,
but will be used as a guide and aid in securing materials and services needed to operate each department.
PURCHASE DOLLAR LIMITS AND AUTHORIZATION REQUIRED
The following dollar limits and authorization requirements are to be followed whenever possible. Any exceptions
shall be noted and approved by the appropriate authorization on the invoice.
Purchases less than $1,000
1. May be made without prior authorization.
2. May be made using an Accounts Payable Voucher.
3. May be purchased using a credit card.
4. Requires Department Head approval.
Purchase more than $1,000 but less than $3,000
1. Must be authorized via Purchase Order before purchasing (see exceptions to Purchase Orders listed
below).
2. Two quotes must be submitted with Purchase Order Requisition. If lowest quote is not selected, memo of
explanation should be attached.
3. Except for exceptions noted below, may not be made using an Accounts Payable Voucher.
4. May be purchased using a credit card.
5. Requires Department Head approval.
Purchase more than $3,000 but less than $50,000
1. Requires proof of contact with two Historically Utilized Businesses (HUB) OR memo of explanation stating
there are no HUBs for the requested goods/services and/or HUB did not respond to request.
2. Must be authorized via Purchase Order before purchasing (see exceptions to Purchase Orders listed
below).
3. Two quotes must be submitted with Purchase Order Requisition. If lowest quote is not selected, memo of
explanation should be attached.
4. Except for exceptions noted below, may not be made using an Accounts Payable Voucher.
5. May be purchased using a credit card.
6. Requires Department Head approval.
Purchases more than $50,000
1. Requires a competitive bid process
2. Must be authorized via Purchase Order before purchasing
42
Item 1.
September 1, 2015 2
3. Requires proof of contact with two Historically Utilized Businesses (HUB) OR memo of explanation stating
there are no HUBs for the requested goods/services and/or HUB did not respond to request
4. Requires Department Head approval
PURCHASE ORDERS
A purchase order number is required on all purchases over $1,000, with the exception of those listed below. A
Purchase Order Requisition must be submitted to the Finance Department and a Purchase Order received before
placing an order or making a purchase.
If an emergency should arise after normal hours, the Department Head or designee will make the purchase that is
needed. The Department Head must notify the Director of Finance immediately upon opening the next business day
and turn in the proper documentation.
The following payments and services do not require the issuance of a purchase order for payment authorization.
These exceptions may be paid using an Accounts Payable Voucher:
1. Payments made for Employee Payroll Deductions
2. Tax Payments
3. Insurance Premium Payments
4. Retirement System Payments (TMRS)
5. Debt Service Payments
6. Investment Payments
7. Charges for Water, Electric, Solid Waste and Recycling services for resale
8. Utility Services
9. Operating Leases/Maintenance Agreements
10. Annual contracts
11. Invoices for Professional Services (i.e. Attorney Fees and Engineering)
12. Inter-Local Agreements
13. Reimbursements/Payments to other Agencies
14. Contract Services
15. Employee Reimbursements
16. Travel and Lodging
17. Customer Deposit Refunds
18. Purchase under $1,000
DUTIES OF THE FINANCE DEPARTMENT
1. To observe and enforce the procedures as outlined and any related regulations.
2. To encourage that the purchasing policies and procedures are followed whenever possible.
3. To review each account being charged for sufficient funds before authorizing a purchase or issuing a
purchase order.
4. To process approved Purchase Order Requisitions and issue Purchase Orders.
5. To explore the possibilities of quantity buying in order to take full advantage of discounts.
DUTIES OF DEPARTMENT HEADS
1. Departments should plan their work so that “rush orders” and emergencies will be held to an absolute
minimum.
2. Departments are responsible for handling any required competitive bid processes for their purchases
43
Item 1.
September 1, 2015 3
3. Department Heads are responsible for tracking the budget remaining in each of their General Ledger
accounts.
4. Department heads must sign, verify and code all Purchase Order Requisitions and Accounts Payable
Vouchers.
5. No city employee shall purchase supplies, materials or equipment of any kind through the City for personal
use.
6. Departments should not break up any purchase into smaller orders with the intent of circumventing the
purchasing requirements based on purchase amounts.
44
Item 1.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Ryan Nolting, Director of Parks, Recreation & Facility Maintenance
AGENDA ITEM: Discussion on possibly allowing consumption and/or possession of alcoholic
beverages on city-owned property during special events.
SUMMARY:
This item was requested as a topic of discussion by Councilmember Gann.
The proposed Special Event Ordinance would provide for the consumption and/or possession of
alcoholic beverages on city-owned property on a case-by-case basis as approved by the City
Council.
FISCAL INFORMATION:
Budgeted: NA Amount: NA GL Account: NA
RECOMMENDED MOTION OR ACTION:
NA
ATTACHMENTS:
Proposed Special Events Ordinance
45
Item 2.
Ordinance - Parks & Recreation - Uses & Programs; Special Events
Page 1 of 8
CITY OF SANGER, TEXAS
ORDINANCE XX-XX-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, AMENDING THE CITY OF SANGER CODE OF ORDINANCE,
CHAPTER 15, PARKS AND RECREATION, ARTICLE 15.100, RULES AND
REGULATIONS, SECTIONS 15.107, SPECIAL EVENTS, USES, PROGRAMS; AND
ADDING A NEW ARTICLE 15.600, SPECIAL EVENTS PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR
FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR
VIOLATIONS; AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; 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 deems it in the public interest to amend the Special Event
regulations; and
WHEREAS, the City Council finds that the passage of this Ordinance 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 Chapter 15, Parks and Recreation, Article 15.100, Rules and Regulations,
Section 15.107, Special Events, Uses, Programs is amended to read as follows:
§ 15.107. Uses and Programs.
(a) The director is authorized to require and issue permits for the reservation and temporary
use of the city park and recreation areas. Permits shall be granted unless the intended use
would result in a scheduling conflict; traffic congestion; damage to property or landscaping;
could threaten the public or city park and recreation area user’s health, safety or welfare;
or be inconsistent with the protection and preservation of wildlife. The director shall be
authorized to establish written guidelines not inconsistent with the terms of this code for the
reservation and use of all city park and recreation areas. Permits issued shall be conditioned
in compliance with state laws, this chapter, other applicable requirements set forth in this
code and such guidelines as may be established and promulgated under this chapter. The
granting of such permits shall not constitute a waiver, exception, or defense to the violation
of any other applicable law or ordinance.
(b) No fees may be waived without the consent and approval of the city manager or designee.
46
Item 2.
Ordinance - Parks & Recreation - Uses & Programs; Special Events
Page 2 of 8
(c) Park reservations must be made at least 48 hours prior to the event. For Special Event
requirements, reference Article 15.600.
SECTION 2. That Chapter 15, Parks and Recreation is further amended by adding Article 15.600,
which shall read as follows:
ARTICLE 15.600 SPECIAL EVENTS ORDINANCE
§15.601 Purpose and Intent
The purpose of this article is to ensure the advance notice of certain special events is provided to
the appropriate city departments. A special event permit shall be required for a temporary gathering
or organized activity on city property, to include but not be limited to parades, block parties, bike
races, marathons, firework displays, concerts, carnivals, other types of races or festivals, or any
similar activity requiring one or more of the following.
1) Closing or impacting a public street, sidewalk, or trail;
2) Blocking or restricting city-owned property;
3) Sale or distribution of merchandise, food, or beverages on city -owned property;
4) Installation of a stage, band -shell, trailer, van, portable building, grandstand, or
bleachers;
5) Placement of portable toilets on city-owned property;
6) Placement of temporary no -parking signs in a public right -of-way;
7) Placement of additional waste containers; or
8) Having an impact on public safety.
§15.602 Operating procedures.
a) A special event shall not substantially interrupt the safe and orderly movement of traffic
near the special event.
b) A parade shall move from its point of origin to its point of termination without
unreasonable delays enroute.
c) A special event shall not interfere with proper fire and police protection of, or ambulance
service to, areas near the special event, or unreasonably require the diversion of police and
fire protection and ambulance service from other parts of the city.
d) A permit holder shall comply with all directions and conditions contained within the permit
and with all city ordinances and other applicable laws.
e) The promoter shall return all city or public property to at least as good a condition as before
the event. The promoter shall be liable for the costs of any damage to property or waste
removal not performed by the promoter at the conclusion of the event.
§15.603 General Rules
a) The City reserves the right to have final approval on all activities or events.
b) The City reserves the right to designate hours available for use and to remove any person
or group failing to comply.
c) Event applicants must be at least twenty-one (21) years of age.
47
Item 2.
Ordinance - Parks & Recreation - Uses & Programs; Special Events
Page 3 of 8
d) Event applicant and guests of event applicant will comply with laws of the State of Texas
and the City of Sanger.
e) Acts of gambling, alcohol consumption or consumption of controlled substance(s) are
prohibited on all properties owned by the City of Sanger.
f) The City of Sanger is not responsible for any lost or stolen items.
g) Cancelled events due to unsafe weather conditions or national emergencies will be
rescheduled without penalty.
h) Event applicant is responsible for ensuring that rules as outlined here are enforced.
i) The event property and footprint may only be used for the purpose as stated on the special
event permit unless otherwise approved by a representative from the City.
j) No activity is engaged in or performed during the event that is a violation of an existing
state, federal law, or Municipal Ordinances.
k) No activity is engaged in or performed during the event that is used in such a manner as to
constitute a nuisance as per City of Sanger Code of Ordinances.
l) Event organizers and guests shall only park in designated, authorized parking spaces.
m) Violation of this policy will result in the towing of such vehicle at the owner’s expense.
n) Equipment to be used for high-risk activities must be clearly described in the special event
permit and is subject to approval by the City of Sanger.
o) Event applicant shall monitor admittance to the event.
p) Event applicant shall assume full responsibility and liability for all persons admitted.
q) Event applicant shall assume full responsibility and liability for any damage(s) to any part
of event property during and/or resulting from the event.
r) Event organizer may not leave the event area during the contracted time or must designate
a responsible person in their brief absence.
s) Insurance may be required based on the type of special event.
§15.604 Special Event Permit.
A person desiring to hold a special event shall apply for a special event permit with the City Parks
and Recreation Department. An application for a special event permit shall be made not less than
twenty (20) business days prior to the event. In the event a street closure is required, the application
for the special event permit shall be made no less than thirty (30) days prior to the event. Due to
TxDOT requirements, closure of any state highway for more than six (6) hours will require sixty
(60) days’ advance notification to the city.
An application shall be submitted on a form supplied by the City.
§15.605 Indemnification and Release of Liability.
An applicant for a special event permit shall execute a written release of liability and agreement
to indemnify the city and its officers and employees against all claims of injury or damage to
persons or property, whether public or private, arising out of the special event, as contained in the
application form.
48
Item 2.
Ordinance - Parks & Recreation - Uses & Programs; Special Events
Page 4 of 8
§15.606 Offenses.
A person commits an offense if:
a) Commences or conducts a special event without the appropriate permit.
b) Fails to comply with any requirement or condition of a permit or this article.
c) Hold an event in which a permit is denied.
§15.607 Administrative Approval of Temporary Street Closures.
a) Any activity, including but not limited to special events which require the closing of any
public street, sidewalks, alley and which require rerouting of normal or usual traffic flow
deems a street closure. An event cannot hinder, block or obstruct the free flow of traffic.
b) Any request for temporary closure of all or a part of any city street as part of a special event
shall first be considered by the Special Events Committee of the city. Upon a positive
recommendation from the Special Events Committee, the request for temporary street
closure shall be forwarded to the City Manager or his/her designee for administrative
approval.
c) The City Manager or his/her designee shall consider the request for temporary street
closure for the special event, and either may administratively approve the request for
temporary street closure. Alternatively, the City Manager or may choose to send any
request for temporary street closure to the City Council for consideration and action.
d) If the City Manager denies administrative approval of the request for temporary street
closure, the applicant may appeal the decision to the City Council by filing a written appeal
to the City Secretary within three (3) days of the denial. The decision of the city council
shall be final.
§15.608 Area Notifications of Impacted Neighbors.
The event organizer, with an expected street closure, shall notify all residences and
businesses within the street closure area and within a three-hundred-foot radius of the outer
perimeter of the event (as marked by fencing or entrance table indicated on the event
diagrams submitted to the City). The director is authorized to require and issue permits for
the reservation and temporary use of the city park and recreation areas. Permits shall be
granted unless the intended use would result in a scheduling conflict; traffic congestion;
damage to property or landscaping; could threaten the public’s or city park and recreation
area user’s health, safety or welfare; or be inconsistent with the protection and preservation
of wildlife. The director shall be authorized to establish written guidelines not inconsistent
with the terms of this code for the reservation and use of all city park and recreation areas.
Permits issued shall be conditioned in compliance with state laws, this chapter, other
applicable requirements set forth in this code and such guidelines as may be established and
promulgated under this chapter. The granting of such permits shall not constitute a waiver,
exception, or defense to the violation of any other applicable law or ordinance.
A diagram of the notification area shall be submitted with the signature sheet.
49
Item 2.
Ordinance - Parks & Recreation - Uses & Programs; Special Events
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Proof of notification by mail, the notification letter and the notification diagram shall be
submitted at least twenty (20) working days prior to the special event. In addition, the event
organizer shall comply with all additional requirements imposed by the City of Sanger with
respect to notification by residents and businesses affected by the special event. The event
organizer shall obtain signatures of those so notified of the upcoming event. Under certain
circumstances where events may generate extremely large crowds, loud noise or parking
issues, staff may require additional notification time/signatures/outreach.
§15.609 Approval of plans.
An application for a special event permit will either be approved, approved with conditions,
denied, or more information will be requested from the applicant within twenty (20) business days
of submission to the Parks and Recreation Department. Due to the nature of some events, the
following additional information or plans may be required where applicable to the event type:
a) Facilities. A set of plans and specifications relating to all temporary facilities to be
constructed or utilized for the special event.
b) Fire protection. A plan for prevention of fires and for adequate protection of persons and
property in the event of a fire, including, without limitation, adequate exits, fire
extinguishers, and adequate access for fire trucks and emergency vehicles.
c) Concession service. Any plans to provide food and beverages.
d) Emergency medical service. A plan to provide adequate emergency medical services at the
special event.
e) Parking. A plan to provide adequate parking for the proposed special event, including
written permission in the form provided by the city executed by all of the owners of the
land to be used for the special event.
f) Event security. The City of Sanger Police Department will determine if and how many
police officers will be required at your event. A plan providing for adequate safety,
security, traffic and crowd control in connection with the special event. When security
officers are deemed necessary, the applicant must use licensed TCLEOSE officers. The
city police department must approve the security officers before the event application will
be approved.
g) Promotional plan. If applicable, a plan to promote, market and advertise the special event.
h) Sanitation plan. A plan to ensure that the highest standards of cleanliness and sanitation
are maintained at the special event, including adequate restroom facilities, and a plan to
empty refuse containers frequently so as to prevent overflow.
City staff shall determine whether the application and plans meet city safety and other
requirements, and an applicant may be requested to modify an application to meet these
requirements. Should any of the submitted plans fail to give, and after notice, the applicant
50
Item 2.
Ordinance - Parks & Recreation - Uses & Programs; Special Events
Page 6 of 8
is unable to provide for, adequate assurances that the plans will be implemented and carried
out, the permit application may be denied.
i) Police Presence. The City of Sanger Police Department will determine if and how many
police officers will be required at your event. Expenses for the City police will be paid by
the event organizer directly to the City of Sanger. If additional police need to be brought
in to handle a problem during the event, it will be at the event organizer’s expense.
§15.610 Sale, Distribution and Consumption of Alcoholic Beverages on City Property.
a) It shall be unlawful for any person to consume or possess alcoholic beverages of any nature
or kind, including beer, whiskey, or wine, on any city-owned property unless authorized
by City Council on a case-by-case basis.
b) It shall be an affirmative defense to prosecution of the offense if:
The alcoholic beverage was sold and consumed at the event for which a special event
permit has been issued by the city and the state alcoholic beverage commission has
granted temporary licenses or permits for the sale of alcoholic beverages at the event
by the State of Texas Alcoholic Beverage Commission.
§15.611 Issuance or denial; revocation.
a) Upon receipt of an application for a special event, the Parks and Recreation Department
shall forward a copy of the application to the city departments involved. The city shall issue
its approval, approved with conditions, denial or more information will be requested of the
application within ten (20) business days of completed application.
b) The parks and recreation director may impose conditions and restrictions necessary for the
safe and orderly conduct of a special event, to be incorporated into the permit before
issuance. To the extent of any conflict, such conditions, restrictions, or costs incorporated
into each permit shall supersede the provisions set forth herein.
The City may deny or revoke a special event permit if:
a) A special event permit has been granted for another special event at the same place and
time or within two hours of the end of a previously permitted special event, unless
waived by the parks and recreation director or his designee;
b) The proposed special event will unreasonably disrupt the orderly flow of traffic and no
reasonable means of rerouting traffic or otherwise meeting traffic needs is available;
c) The applicant makes a false statement of material fact on an application for a special
event permit;
d) The applicant has had a special event permit revoked or the applicant has violated a
condition or provision of a special event permit or of this article within the preceding
12 months; The applicant fails to adequately arrange for:
1) The protection of event participants;
2) Maintenance of public order in and around the special event location;
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Ordinance - Parks & Recreation - Uses & Programs; Special Events
Page 7 of 8
3) Crowd security, taking into consideration the size and character of the event;
4) Emergency vehicle access; or
5) Safe, sanitary conditions for preparation or operation of food concessions;
6) The proposed special event would unduly burden city services;
7) Said special event begins or ends outside the city limits, unless the applicant
supplies proof of approval of any other affected governmental entity.
$ 15.612 Appeals.
a) If the City denies the issuance of a permit or revokes a permit, it shall send to the applicant
by email, return receipt requested, written notice of the denial or revocation and of the right
to appeal. The applicant must appeal the decision within three days to the city manager in
writing. The city manager shall consider all the evidence in support of or against the action
appealed and render a decision either sustaining, modifying, or reversing the denial or
revocation.
§ 15.613 Compliance with the City of Ordinances.
The granting of a special event permit does not relieve the applicant, event organizer, or property
owner from complying with all other provisions of the City of Sanger’s Code of Ordinances. All
other permits and licenses required by other law for specific activities conducted in conjunction
with or as a part of the special event must be applied for separately in a form satisfactory to the
City.
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.
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 5. 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 The Code of Ordinances, Section 1.109 General Penalty
for Violations of Code.
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.
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Item 2.
Ordinance - Parks & Recreation - Uses & Programs; Special Events
Page 8 of 8
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
_______ day of ________, 2023.
APPROVED:
________________________________
ATTEST: Thomas E. Muir, Mayor
________________________________ APPROVED TO FORM:
Kelly Edwards, City Secretary
________________________________
Hugh Coleman, City Attorney
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Item 2.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Ramie Hammonds, Development Service Director
AGENDA ITEM: Development Services Project Update 2022-2023
SUMMARY:
Update of projects submitted to City Council.
FISCAL INFORMATION:
Budgeted: Amount: GL Account:
RECOMMENDED MOTION OR ACTION:
N/A
ATTACHMENTS
N/A
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Item 4.
City Council Minutes 10-02-2023
Page 1 of 6
CITY COUNCIL
MEETING MINUTES
OCTOBER 02, 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
Councilmember, Place 1 Marissa Barrett
Councilmember, Place 3 Dennis Dillon
Councilmember, Place 4 Allen Chick
Councilmember, Place 5 Victor Gann
COUNCILMEMBERS ABSENT
Mayor Pro Tem, Place 2 Gary Bilyeu
STAFF MEMBERS PRESENT:
City Manager John Noblitt, City Secretary Kelly Edwards, City Attorney Hugh Coleman, and
Finance Director Clayton Gray.
DISCUSSION ITEMS
1. Presentation of Stormwater Fee Study
Director Gray introduced Chris Ekrut, NewGen Strategies & Solutions.
Mr. Ekrut presented and provided an overview of the Storm Water Fee Study.
Discussion ensued regarding the fees set by other municipalities, the calculation of a
fee, how the revenue is designated explicitly for projects to improve and maintain the
City’s drainage systems, and mandatory and discretionary exemptions.
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Item 5.
City Council Minutes 10-02-2023
Page 2 of 6
OVERVIEW OF ITEMS ON THE REGULAR AGENDA
The ISD platting items need to satisfy Engineering comments and permits issued being
compliant with the Civil plans.
The Zoning case items being congruent with the Comprehensive Plan.
ADJOURN THE WORK SESSION
There being no further business, Mayor Muir adjourned the work session at 6:42 p.m.
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 Thomas Muir
Councilmember, Place 1 Marissa Barrett
Councilmember, Place 3 Dennis Dillon
Councilmember, Place 4 Allen Chick
Councilmember, Place 5 Victor Gann
COUNCILMEMBERS ABSENT
Mayor Pro Tem, Place 2 Gary Bilyeu
STAFF MEMBERS PRESENT:
City Manager John Noblitt, City Secretary Kelly Edwards, City Attorney Hugh Coleman, Director
of Development Services Ramie Hammonds, and Interim Police Chief Tyson Cheek.
INVOCATION AND PLEDGE
Councilmember Dillon gave the Invocation. The Pledge of Allegiance was led by Councilmember
Gann.
CITIZENS COMMENTS
No one addressed the Council.
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Item 5.
City Council Minutes 10-02-2023
Page 3 of 6
CONSENT AGENDA
2. Consideration and possible action on the minutes from the September 18, 2023,
meeting.
Motion to approve made by Councilmember Barrett, Seconded by Councilmember
Dillon Voting Yea: Councilmember Chick and Councilmember Gann.
Motion passed unanimously.
PUBLIC HEARING ITEMS
3. Conduct a public hearing on a rezoning from “A” Agricultural to “I-1” Industrial 1 of
approximately 3 acres of land, described as A0029A R BEEBE, 112, within the City of
Sanger, and generally located on the east side of the I -35 Frontage Road,
approximately 512 feet north of the intersection of the I-35 Frontage Road and Utility
Road.
Mayor Muir opened the public hearing at 7:03 p.m.
Director Hammonds provided an overview of the item, stating this zoning will be
congruent with the surrounding properties.
Mayor Muir closed the public hearing at 7:04 p.m.
4. Conduct a Public Hearing on a rezoning from “A” Agricultural to “SF-10” Single-Family
10 of approximately 1.01 acres of land, described as A1241A TIERWESTER, 206, within
the City of Sanger, and generally located on the southwest corner of Duck Creek Road
and Mesa Drive.
Mayor Muir opened the public hearing at 7:05 p.m.
Director Hammonds provided an overview of the item, stating the applicant plans to
subdivide the property and this zoning will be congruent with the surrounding
properties.
Mayor Muir closed the public hearing at 7:06 p.m.
ACTION ITEMS
5. Consideration and possible action on Ordinance No. 10-27-23 a rezoning from “A”
Agricultural to “I-1” Industrial 1 of approximately 3 acres of land, described as A0029A
R BEEBE, 112, within the City of Sanger, and generally located on the east side of the I
-35 Frontage Road, approximately 512 feet north of the intersection of the I-35
Frontage Road and Utility Road.
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Item 5.
City Council Minutes 10-02-2023
Page 4 of 6
Motion to approve made by Councilmember Barrett, Seconded by Councilmember
Gann.
Voting Yea: Councilmember Chick and Councilmember Dillon.
Motion passed unanimously.
6. Consideration and possible action on Ordinance No. 10-28-23 a rezoning from “A”
Agricultural to “SF-10” Single-Family 10 of approximately 1.01 acres of land, described
as A1241A TIERWESTER, 206, within the City of Sanger, and generally located on the
southwest corner of Duck Creek Road and Mesa Drive.
Discussion ensued regarding the proposed plan to subdivide the property.
Motion to approve made by Councilmember Barrett Seconded by Councilmember
Dillon.
Voting Yea: Councilmember Chick and Councilmember Gann.
Motion passed unanimously.
7. Consideration and possible action on the Preliminary Plat of the Church Street Addition,
being 1.01 acres, located in the City of Sanger, and generally located on the east side
of South Stemmons Frwy at the intersection of I-35 Frontage Road and Church Street.
Director Hammonds stated that the building would be a medical care facility and staff
recommends denial due to the applicant not satisfying all the comments.
Motion to deny made by Councilmember Barrett, Seconded by Councilmember Gann.
Voting Yea: Councilmember Dillon and Councilmember Chick.
Motion passed unanimously.
8. Consideration and possible action on the Final Plat of Clear Creek Intermediate School,
Block A, Lot 1, 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 stated staff recommends denial due to the applicant not satisfying
all the comments.
Motion to deny made by Councilmember Barrett, Seconded by Councilmember Gann.
Voting Yea: Councilmember Chick and Councilmember Dillon.
Motion passed unanimously.
9. Consideration and possible action on the Final Plat of Sanger Middle School, Block A,
Lot 1, 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 stated staff recommends denial due to the applicant not satisfying
all the comments.
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Item 5.
City Council Minutes 10-02-2023
Page 5 of 6
Motion to deny made by Councilmember Barrett, Seconded by Councilmember Gann.
Voting Yea: Councilmember Chick and Councilmember Dillon.
Motion passed unanimously.
10. Consideration and possible action on the Final Plat of Sanger High School, Block A, Lot
1 being 55.886 acres of land, located in the City of Sanger, and generally located on
the southeast corner of the intersection of FM 455 and Indian Lane.
Director Hammonds stated staff recommends denial due to the applicant not satisfying
all the comments.
Motion to deny made by Councilmember Barrett, Seconded by Councilmember Dillon.
Voting Yea: Councilmember Chick and Councilmember Gann.
Motion passed unanimously.
11. Consideration and possible action on the Preliminary Plat of Marley Meadows, being
19.653 acres, located in the City of Sanger’s ETJ, and generally located on the west
side of Sam Bass Road and approximately 1307 feet north of the intersection of FM
455 and Sam Bass Road.
Director Hammonds stated the one acre lots meet the subdivision requirements.
Discussion ensued regarding any possible variances.
Motion to approve made by Councilmember Barrett, Seconded by Councilmember
Dillon.
Voting Yea: Councilmember Chick and Councilmember Gann.
Motion passed unanimously.
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:
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 7:32 p.m.
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Item 5.
City Council Minutes 10-02-2023
Page 6 of 6
RECONVENE INTO REGULAR SESSION
Council reconvened into open session at 8:02 p.m.
No action taken.
FUTURE AGENDA ITEMS
None requested.
ADJOURN
There being no further business, Mayor Muir adjourned the meeting at 8:04 p.m.
_______________________________
Thomas E. Muir, Mayor
______________________________
Kelly Edwards, City Secretary
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Item 5.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Kelly Edwards, City Secretary
AGENDA ITEM: Consideration and possible action on the minutes from the October 2, 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 October 2, 2023, meeting.
ATTACHMENTS:
City Council minutes
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Item 5.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Tyson Cheek, Chief of Police
AGENDA ITEM: Consideration and possible action to sign Local Agreement Respecting Forfeited
Contraband Under Chapter 59 and Article 18.18, Texas Code, between the Chief
of Police of Sanger Texas and the District Attorney’s office of Denton County.
SUMMARY:
The most recent agreement with Denton County regarding forfeitures was cancelled by the Denton
County District Attorney’s office via written notification.
The District Attorney’s office has delivered the updated version of this agreement.
Changes to the document cover personal property. Cryptocurrency, jewelry, stocks, bonds,
securities, precious metals, negotiable instruments and coins.
While it has been rare that the Sanger PD has seized assets via forfeiture in the past, this
agreement is a necessary part of the process as all forfeitures are done through the District
Attorney’s office.
FISCAL INFORMATION:
Budgeted: No Amount: GL Account:
RECOMMENDED MOTION OR ACTION:
Staff recommends approval.
ATTACHMENTS:
Copy of document from the District Attorney’s office cancelling the prior agreement.
Copy of new local agreement from the District Attorney’s office.
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Item 6.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Ronnie Grace, Director of Electric
AGENDA ITEM: Consideration and possible action on the Denton Municipal Electric (DME) Mutual
Aid agreement and authorizing the City Manager to execute said agreement and
all necessary documents.
SUMMARY:
This agreement would provide mutual electric support to both Denton Municipal Electric and Sanger
Municipal Electric in the event of an electrical emergency.
This agreement memorializes the mutual aid both electric departments have provided to each other in
the past.
The agreement includes provisions for reasonable reimbursable costs.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Staff recommends approval.
ATTACHMENTS:
DME mutual aid template 2023
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Item 7.
Mutual Aid Agreement Page 1 of 4
MUTUAL AID AGREEMENT
In consideration of the mutual commitments given herein, each of the Signatories to this Mutual Aid
Agreement (this “Agreement”) agrees to render aid to any of the other Signatories as follows (the party to
this Mutual Aid Agreement that is requesting aid in a Request For Aid (as hereinafter defined) is referred to
herein as “Requesting Signatory”, and the party that is requested to provide aid in the Request for Aid is referred
to herein as the “Aiding Signatory”):
1.) Request for aid. The Requesting Signatory agrees to make its request in writing to the Aiding Signatory
within a reasonable time after aid is needed and with reasonable specificity, including without
limitation, the work to be performed and materials, supplies, personnel, and/or equipment the
Requesting Signatory is requesting from the Aiding Signatory (“Request for Aid”). The Requesting
Signatory agrees to compensate the Aiding Signatory as specified in this Agreement.
2.) Discretionary rendering of aid. The decision to render aid and the extent and limitations of the aid
rendered (including the materials, supplies, personnel, and/or equipment to be provided by the party
rendering aid) is entirely at the discretion of the Aiding Signatory. Nothing in this Agreement
commits, binds, or otherwise obligates an Aiding Signatory to respond to any particular Request For
Aid. This Agreement to render aid is expressly not contingent upon a declaration of a major disaster
or emergency by the federal government or upon receiving federal funds. An Aiding Signatory
reserves the right to recall any and all materials, supplies, personnel, and/or equipment, at any time.
It is acknowledged and agreed that the decision to terminate aid and recall materials, supplies,
personnel, and/or equipment lies solely with the Aiding Signatory.
3.) Invoice to the Requesting Signatory. Within 90 days of the return to the home work station of all
personnel and equipment of the Aiding Signatory, the Aiding Signatory shall submit to the Requesting
Signatory an invoice of all charges related to the aid provided pursuant to this Agreement. The invoice
shall contain only charges related to the aid provided pursuant to this Agreement.
4.) Charges to the Requesting Signatory. Charges to the Requesting Signatory from the Aiding Signatory
shall be as follows:
a.) Labor force. Charges for labor force shall be in accordance with the Aiding Signatory's standard
practices.
b.) Equipment. Charges for equipment, such as bucket trucks, digger derricks, and other special
equipment used by the Aiding Signatory, shall be at the reasonable and customary rates for
such equipment in the Aiding Signatory's location.
c.) Transportation. The Aiding Signatory shall transport the personnel and equipment it is
providing by reasonable and customary means and shall charge reasonable and customary
rates for such transportation.
d.) Materials and supplies. Charges for materials and supplies furnished or used by the Aiding
Signatory shall be the reasonable replacement cost of such materials and supplies.
e.) Meals, lodging and other related expenses. Charges for meals, lodging and other expenses
related to the provision of aid pursuant to this Agreement shall be the reasonable and actual
costs incurred by the Aiding Signatory.
5.) Counterparts. The Signatories may execute this Agreement in one or more counterparts, with each
counterpart being deemed an original Agreement, but with all counterparts being considered one
Agreement.
6.) Execution. Each party hereto has read, agreed to and executed this Agreement on the date indicated.
Each party hereto represents that they have the authority to enter into this Agreement.
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Item 7.
Mutual Aid Agreement Page 2 of 4
CITY OF SANGER, TEXAS
BY:
JOHN NOBLITT, CITY MANAGER
ATTEST:
BY; _______________________________
KELLY EDWARDS, CITY SECRETARY
APPROVED AS TO FORM:
BY: _______________________________
HUGH COLEMAN, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: ________________________________
SARA HENSLEY, CITY MANAGER
ATTEST:
JESUS SALAZAR, CITY SECRETARY
BY: _______________________________
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
MACK REINWAND, CITY ATTORNEY
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Item 7.
CITY OF DENTON ADDENDUM
Command Responsibility at Response Site: The employee of the Requesting Signatory in
charge at the site to which the response is made shall be the individual in charge of the operations
(“Requesting Signatory Supervisor”) and thus Aiding Signatory Supervisor (as hereinafter
defined) shall serve under the Requesting Signatory Supervisor; PROVIDED THAT, the Aiding
Signatory’s equipment, supplies, and personnel shall be under the direct and immediate
supervision of an employee of the Aiding Signatory (“Aiding Signatory Supervisor”). If the
Requesting Signatory Supervisor specifically requests the Aiding Signatory Supervisor assume
operational control, neither the Requesting Signatory Supervisor who makes such request nor the
Requesting Signatory shall, by relinquishing operational control, be relieved of responsibility for
the operation.
INDEMNIFICATION: REQUESTING SIGNATORY HEREBY AGREES, TO THE EXTENT
PERMITTED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS , TO INDEMNIFY, DEFEND
AND HOLD AIDING SIGNATORY, AND ITS MEMBERS, AFFILIATES, PARTNERS, CLIENTS, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY
LOSS, COST, DAMAGE AND EXPENSE (INCLUDING, BUT NOT LIMITED TO, REASONABLE
ATTORNEYS’ FEES AND COURT COSTS) OF WHATEVER KIND (I) SUFFERED OR INCURRED BY ANY
PERSON OR ORGANIZATION (INCLUDING ANY CONTRACTOR(S) ENGAGED BY REQUESTING
SIGNATORY OR ANY EMPLOYEES OF REQUESTING SIGNATORY, OR ITS CONTRACTORS), AND (II)
ARISING DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE OF THE SERVICES UNDER THIS
AGREEMENT AND/OR FROM REQUESTING SIGNATORY’S BREACH OF THIS AGREEMENT, EXCEPT
TO THE EXTENT SUCH LOSS, COST, DAMAGE, OR EXPENSE IS DUE TO THE NEGLIGENCE, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF AIDING SIGNATORY.
Dispute Resolutions:
If a dispute arises between the parties to this Agreement, the party claiming that a dispute
has arisen shall provide to the other party immediate written notification, in accordance
with the Notification Section of this Agreement, setting forth the specific natur e of such
dispute.
Upon the giving of the notice referenced above, the parties agree that they shall attempt to
resolve the dispute by informal discussions. Each party commits to participate in these
efforts in a timely manner and in good faith.
If such informal efforts are not successful, the parties may submit the dispute to non-
binding mediation. Any costs for the mediator shall be shared equally between the parties.
In the event of any litigation arising out of the performance of this Agreement, it is agreed
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Item 7.
that the Courts of the County of Denton, State of Texas, shall be courts of proper venue.
Further, in addition to any other relief, the Court may award the substantially prevailing
party reasonable attorneys’ fees and costs.
Notice: Any notice under this Agreement is to be in writing and shall be delivered by (a) United
States certified first class mail, postage prepaid, return receipt requested, (b) personal delivery, (c)
facsimile, with printed confirmation, (d) electronic transmission (e-mail), or (e) nationally
recognized overnight carrier to the appropriate party using the following respective addresses:
To City of Denton, Texas: City of Denton, Texas
215 E. McKinney Street
Denton, TX 76201
Attn: City Secretary’s Office
Fax: (940) 349-8596
E-Mail: citysecretary@cityofdenton.com
To City of Sanger, Texas City of Sanger, Texas
502 Elm Street
Sanger, Texas 76266
Attn: City Secretary’s Office
citysecretary@sangertexas.org
With a copy to:
Attn:
Fax:
E-Mail:
Notice will be deemed given forty-eight (48) hours after deposit into the United States Mail if sent
by certified mail; when received if delivered personally, by facsimile or by e-mail (provided that
if the fax or e-mail is received by the addressee, as evidenced by the fax confirmation or e-mail
confirmation of the addressee, after 5:00 p.m. on the day the fax or e-mail is sent, such notice shall
be deemed effective on the next business day); or twenty-four (24) hours after deposit if sent by
nationally recognized overnight carrier.
Either party may at any time change its address for notice by providing written notice of same to
the other party in accordance with the notice provisions set forth above.
Insurance: Each party agrees to maintain insurance coverage for its own equipment and personnel,
whether through third-party insurance, self-insurance, or membership in an appropriate insurance
pool providing equivalent coverage.
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Item 7.
CITY COUNCIL COMMUNICATION
DATE: October 18, 2023
FROM: Casey Welborn, Assistant Fire Chief
AGENDA ITEM: Consideration and possible action on Interlocal Cooperation Agreement between
Denton County and the City of Sanger Police and Fire Departments for the use
of Denton County Radio Communications System.
SUMMARY:
Interlocal Agreement Renewal
County Services and Responsibilities
Agency Responsibilities
Revised Cost
FISCAL INFORMATION:
Budgeted: Yes Amount: $4,704.00 GL Account: 20-5460 / 24-5460
Fire Department Annual Cost: $2,880.00
Police Department Annual Cost: $1,824.00
Total Cost: $4,704.00
RECOMMENDED MOTION OR ACTION:
Staff recommends approval
ATTACHMENTS:
Interlocal Cooperation Agreement
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Item 8.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Ryan Nolting, Parks & Recreation Director & Shani Bradshaw, Economic
Development Director.
AGENDA ITEM: Consideration and possible action on authorizing staff to issue an RFQ for
Conceptual Renderings for Porter Sports Park Phase 2.
SUMMARY:
Staff is seeking approval for an RFQ for Conceptual Design for Porter Sports Park Phase 2
Utilization of design services will allow for a more comprehensive and customized plan for the next
phase of Porter Sports Park.
The Sanger Development Corporation (4B) has allocated funding for the conceptual rendering
design services.
Approved Recommendation of the Sanger 2040 Comprehensive Plan.
FISCAL INFORMATION:
Budgeted: Yes Amount: $75,000 GL Account: 76-5430
RECOMMENDED MOTION OR ACTION:
Staff recommends approval to move forward on the RFQ for Conceptual Design for Porter Park Phase 2.
ATTACHMENTS:
City Council Communication
Porter Park Phase 2 RFQ
Professional Services Agreement
Park Boundary Map
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Item 9.
CITY OF SANGER, TEXAS
REQUEST FOR QUALIFICATIONS (RFQ)
RFQ-2023-03
CONCEPTUAL RENDERINGS FOR
PORTER SPORTS PARK PHASE 2
PROPOSAL DUE DATE:
12:00 Noon Central Time
Tuesday, Nov. 21st, 2023
ISSUED BY:
CITY OF SANGER
PARKS & RECREATION DEPARTMENT
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Item 9.
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SECTION 1. INTRODUCTION:
Purpose
The City of Sanger invites qualified firms to provide conceptual renderings for currently
undeveloped parkland in the south east area of Sanger. This 45-acre park will be a great
addition to the Sanger area with the primary focus on baseball fields.
SECTION 2. COMMUNITY PROFILE:
City Overview
The City of Sanger, Texas, with a population of approximately 9,000 is located in North
Texas within Denton County and located along both sides of I-35 and north and south
of FM 455. Sanger is comprised of nearly twelve (12) square miles and is neighbored
by Denton to the south, Valley View to the north, Lake Ray Roberts and Pilot Point to
the east, and an unincorporated area to the west. Major transportation corridors include
I-35 and FM 455.
The City is comprised of a mix of residential, commercial, and industrial land uses as
well as a vibrant downtown area.
SECTION 3. PROJECT BACKGROUND:
The City recently adopted a new comprehensive plan called Sanger 2040
Comprehensive Plan. This plan is meant to be a guideline for future development. This
park provides Sanger residents with access to a range of active and passive green space
at the same time, strengthen the opportunity for outdoor activity and education.
SECTION 4. SCOPE OF SERVICES AND DELIVERABLES:
The city invites qualified firms to submit a proposal for providing the City of Sanger
with conceptual renderings for approximately 45 acres of currently undeveloped
parkland. Baseball fields will be the primary activity of this park with the focus of one
Miracle Field. Other elements the city would like to see included:
Open Space
Walking Trails
Disc Golf
Covered Playground
Pickle Ball
Pavilion
Event Parking
SECTION 5. INFORMATION PROVIDED BY THE CITY:
Maps and the Sanger 2040 Comprehensive Plan can be found on the City’s website.
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Item 9.
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SECTION 6. TIMELINE:
It is expected that a contract will be executed between the City and the selected
consulting firm within forty-five (45) days of the due date for proposals. It is anticipated
that the project will be completed within six (6) months from the signing of the contract.
SECTION 7. SUBMISSION DETAILS:
Statement of Qualifications
The consultant shall submit a Statement of Qualifications. The statement, at minimum,
should address each of the specific topics listed below (additional information may be
included). Failure to include any of the following requested information may be cause
for the proposal to be considered incomplete and thus rejected.
1. Provide a cover letter on firm letterhead and identify the project manager
and key staff involved along with contact information for the project
manager.
2. Written presentation of the qualifications of the firm and their understanding
of the work to be performed.
3. List of services that will be provided.
4. Availability, credentials, and related experience of the firm and key staff with
similar studies, preferably with municipal governments.
5. Provide copies of the resumes of the proposed project manager and key staff.
Provide information on specific experiences with successful outcomes in
conducting the process and making presentations to public bodies.
6. Include with their proposals a list of at least three (3) current references for
whom comparable work has been performed in the past three (3) years,
specifically citing work in communities similar to Sanger. This list shall
include the municipality’s name, person to contact, address, telephone
number, email address, and a brief, but adequately detailed description of the
work performed.
7. Provide complete or partial examples of work similar in nature to this project.
8. List of anticipated sub-contractors and/or partners, if any, and their
availability, credentials, and related experience.
9. Explain the methodology you propose to successfully perform the services
outlined in the Scope of Work.
10. Include a statement on the anticipated time frame based on the scope of work
as listed in this RFQ. Report on prior experience in delivering services within
the prescribed time frame.
SECTION 8. SUBMISSION INSTRUCTION
STATEMENT OF QUALIFICATIONS MUST BE RECEIVED BY
12:00 NOON (CENTRAL TIME) NOVEMBER 21, 2023
SUBMISSIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED
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4
Four (4) printed copies of the Statement of Qualifications in a sealed envelope should be sent to:
Ryan Nolting
Director of Parks
& Recreation
City of Sanger
502 Elm Street
Sanger, TX 76266
Phone: 940-458-2059
Email: rnolting@sangertexas.org
The proposals will be publicly recognized at the same location (City Hall, 502 Elm St, Sanger
TX 76266) at 2:00 PM (Central Time) on November 21, 2023.
One (1) electronic, PDF copy of the Statement should also be included on a USB/Flash drive.
Questions should be directed to Ryan Nolting, Director of Parks & Recreation, at the
contact information listed above.
SECTION 9. SELECTION PROCESS AND CRITERIA FOR CONSIDERATION OF
QUALIFICATIONS:
Statements will be reviewed and evaluated by the city staff and on a number of criteria,
including, but not limited to the following:
Overall responsiveness and quality of the proposal in
clearly stating an understanding of the project.
Experience and knowledge in developing similar plans by
consultant personnel who will be directly involved with the project.
The experience and availability of support staff for the project.
The ability to complete the plan within the given timeframe.
References.
After evaluating the proposals, the city may request additional information from any consultant
identified as most responsive to this RFQ. At its discretion, the City may require any consultant
to make a presentation to provide an opportunity to clarify the submission. The city will schedule
any such presentations. The city will evaluate the written proposals and will select the consultant
which meets the best interest of the city. The City shall be the sole judge of its own best interests,
the proposals, and the resulting negotiated agreement. The City’s decisions will be final. The
City reserves the right to negotiate any and all elements of this proposal, including, but not
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5
limited to, the fee structure and terms of the contract, with the proposing firm selected.
A. DISCLAIMER
This RFQ does not commit the City to enter into a contract, nor does it obligate the City
to pay for any costs incurred in the preparation and submission of Statements or
anticipation of a contract. The City reserves the right at its sole discretion: to make
selections, to reject any or all submissions, to issue subsequent RFQ, to remedy technical
errors in the RFQ process, and to enter into a contract with one or more consultants for
the provisions of any, all or some of the services described herein.
B. AGREEMENT FOR PROFESSIONAL SERVICES
Attached as Exhibit A is the City of Sanger’s standard agreement for professional
services. The agreement also indicates the insurance and indemnification requirements
that the City will require of the selected firm.
C. ADDITIONAL INFORMATION:
1. A person or business that contracts with Sanger or who seeks to contract with the
City must file a “Conflict of Interest Questionnaire” (FORM CIQ) which is
available online at www.ethics.state.tx.us and a copy of which is attached to this
guideline. The form contains mandatory disclosures regarding “employment or
business relationships” with a municipal officer. Officials may be asked to clarify
or interpret various portions of the questionnaire.
2. Compliance with HB 89. A person or business that contracts with Sanger or who
seeks to contract with the City shall not boycott Israel at any time while providing
products or services to the City of Sanger. This requirement does not apply to
companies with fewer than ten full-time employees; or contracts that are less than
$100,000.00.
3. Respondent verifies that it does not boycott energy companies and will not boycott
energy companies during the term of this contract, as those terms are defined by
Chapter 2274, Government Code. This requirement does not apply to companies
with fewer than ten full-time employees; or contracts that are less than $100,000.00.
4. Respondent verifies that it does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of this contract against a firearm entity or firearm
trade association, as those terms are defined by Chapter 2274, Government Code.
This requirement does not apply to companies with fewer than ten full- time
employees; or contracts that are less than $100,000.00.
5. Compliance with SB 252. A person or business that contracts with Sanger or who
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6
seeks to contract with the City shall not do business with Iran, Sudan, or a foreign
terrorist organization while providing products or services to the City of Sanger.
The undersigned affirms that he/she has read and understands the specifications, terms,
and conditions, all exhibits and attachments contained herein and that they are duly
authorized to execute this response to the Request for Qualifications.
Signature Company Date
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Item 9.
AGREEMENT TO PROVIDE PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is entered into this day of ,20___
by and between XXXXXX ("PROFESSIONAL") and the CITY OF SANGER, TEXAS, a
municipal corporation of the State of Texas ("CITY"). For convenience, the PROFESSIONAL and
the CITY may sometimes be referred to herein collectively as “parties” and individually as a
“party.”
WITNESSETH
WHEREAS, CITY desires to engage PROFESSIONAL to provide professional services
as more fully described on Exhibit “A” attached hereto and incorporated herein by reference; and
WHEREAS, PROFESSIONAL agrees to provide such work and services for CITY in
accordance with the terms of this Agreement;
NOW, THEREFORE, for the mutual promises set forth herein, and for other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
mutually agree as follows:
1. Employment of PROFESSIONAL.
(a) CITY agrees to engage PROFESSIONAL and PROFESSIONAL hereby agrees to
perform the services described in Exhibit “A” attached hereto and incorporated herein by
reference.
(b) Notwithstanding anything to the contrary contained in this Agreement, CITY and
PROFESSIONAL agree and acknowledge that CITY is entering into this Agreement in
reliance on PROFESSIONAL’s special and unique abilities. PROFESSIONAL accepts the
relationship of trust and confidence established between it and CITY by this Agreement.
PROFESSIONAL acknowledges that PROFESSIONAL shall be solely responsible for
determining the methods for performing the services described in Exhibit “A” attached
hereto. PROFESSIONAL covenants with CITY to use its best efforts, skill, judgment, and
abilities to perform the work required by this Agreement and to further the interests of
CITY in accordance with CITY’s requirements, in compliance with applicable national,
federal, state, municipal, laws, regulations, codes, ordinances, orders and with those of any
other body having jurisdiction. PROFESSIONAL warrants, represents, covenants, and
agrees that all of the work to be performed by PROFESSIONAL under or pursuant to this
Agreement shall be done (i) with the professional skill and care ordinarily provided by
competent engineers or architects, as the case may be, practicing under the same or similar
circumstances and applicable professional license; and (ii) as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer or architect,
as the case may be.
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(c) PROFESSIONAL will be responsible for supplying all tools and equipment
necessary for PROFESSIONAL to provide the services set forth in Exhibit “A” attached
hereto.
2. Compensation. CITY agrees to pay PROFESSIONAL the fees set forth in Exhibit “A”
attached hereto. Within fifteen (15) days of the end of the month within which services were
rendered, PROFESSIONAL shall provide City an invoice specifying the services provided
during the previous month and the total amount owed by City. Payment will be made by CITY
within thirty (30) days of receipt of an invoice from PROFESSIONAL.
3. Changes. CITY may, from time to time require changes in the scope of services of
PROFESSIONAL to be performed hereunder. Such changes, which are mutually agreed upon
by and between CITY and PROFESSIONAL, shall be incorporated in written amendment to
this Agreement.
4. Services and Materials to be Furnished by CITY. CITY shall furnish PROFESSIONAL
with all available information and data PROFESSIONAL requests pertinent to the execution
of this Agreement. CITY shall cooperate with PROFESSIONAL in carrying out the work
herein and shall provide adequate staff for liaison with PROFESSIONAL.
5. Ownership of Documents. All reports, plans, specifications, computer files and other
documents prepared by PROFESSIONAL for which PROFESSIONAL has been compensated
pursuant to this Agreement shall be the property of CITY. PROFESSIONAL will deliver to
CITY copies of the prepared documents and materials. PROFESSIONAL shall make all
documents and related data and material utilized in developing the documents available to
CITY for inspection whenever requested. PROFESSIONAL may make copies of any and all
such documents and items and retain same for its files. PROFESSIONAL shall have no liability
for changes made to or use of the drawings, specifications, and other documents by anyone
other than PROFESSIONAL subsequent to delivery of the prepared documents and materials.
However, any such change or other use shall be sealed by the individual making the change or
use and shall be appropriately marked to reflect what was changed or modified.
6. Term and Termination of Agreement. This agreement will be for a period of
beginning on , and expiring on .
Either party may terminate this agreement at any time by providing thirty (30) days written
notice to the other party.
7. Notices. All notices, consents, demands, requests and other communications which may or are
required to be given hereunder shall be in writing and shall be deemed duly given if personally
delivered or sent by United States mail, registered or certified, return receipt requested, postage
prepaid, to the addresses set forth hereunder or to such other address as the other party hereto
may designate in written notice transmitted in accordance with this provision.
In case of the City, to:
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Item 9.
City of Sanger
Attention: John Noblitt
P.O. Box 1729
Sanger, TX 76266
And send a courtesy copy by email to:
jnoblitt@sangertexas.org
In case of Vendor, to:
And send a courtesy copy by email to:
Notwithstanding the foregoing, ordinary communications may be sent by electronic mail
to the designated representatives of the City and Vendor.
8. Completeness of Contract. This Agreement and the documents incorporated herein by
specific reference contain all the terms and conditions agreed upon by the parties hereto, and
no other agreements, oral or otherwise, regarding the subject matter of this contract or any part
thereof shall have any validity or bind any of the parties hereto. If there is any conflict between
the terms of this Agreement and the documents attached hereto, the terms of this Agreement
shall control, then Exhibit A CITY’S Request for Qualifications, then Exhibit B
PROFESSIONAL’S Response to the Request for Qualifications. This Agreement may not be
subsequently modified except by a writing signed by both parties.
9. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable hereunder to
any party other than PROFESSIONAL.
10. Final Decisions. Serving as a PROFESSIONAL to CITY, PROFESSIONAL shall advise all
parties that final decisions shall be made by the City Council and/or City Manager.
11. Indemnification. PROFESSIONAL DOES HEREBY COVENANT AND CONTRACT
TO WAIVE ANY AND ALL CLAIMS, RELEASE, INDEMNIFY, AND HOLD
HARMLESS CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS,
FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES
OR SUITS, WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO
PERSONS OR PROPERTY, CAUSED BY OR RESULTING FROM THE
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NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBPROFESSIONAL OR SUPPLIER
COMMITTED BY PROFESSIONAL, ITS AGENTS, OR CONSULTANTS UNDER
CONTRACT, OR ANY OTHER ENTITY OVER WHICH PROFESSIONAL
EXERCISES CONTROL, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL
GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES
CODE, § 130.002 (b) AND PROFESSIONAL WILL, AT ITS OWN COST AND
EXPENSE, DEFEND AND PROTECT CITY AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS.
THE INDEMNIFICATION UNDER THIS SECTION SHALL INCLUDE
REASONABLE ATTORNEYS’ FEES AND COSTS, COURT COSTS, AND
SETTLEMENT COSTS IN PROPORTION TO PROFESSIONAL’S LIABILITY.
PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE
LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS
AGREEMENT. THIS SECTION (INDEMNIFICATION) SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
12. Insurance. PROFESSIONAL shall, at its own expense, purchase, maintain and keep in force
throughout the duration of this Agreement and for a period of four (4) years thereafter the
following minimum insurance:
A. Commercial general liability insurance, including personal injury liability, blanket
contractual liability, and broad form property damage liability in an amount of not less than
$1,000,000.
B. Automobile bodily injury and property damage liability insurance with a limit of not less
than $1,000,000.
C. Statutory workers’ compensation and employers’ liability insurance as required by state
law.
D. Professional liability insurance (Errors and Omissions) with a limit of $1,000,000 per
claim/annual aggregate.
PROFESSIONAL shall provide CITY with proof of insurance required hereunder prior to
commencing work for CITY and CITY shall be named as an additional insured on the policy.
PROFESSIONAL shall provide CITY with written notice of any coverage limit change on the
insurance. Such policies shall name CITY, its officers, and employees as an additional insured
and shall provide for a waiver of subrogation against CITY. PROFESSIONAL shall insure that
all subcontractors comply with the same insurance requirements.
13. Client Objection to Personnel. If at any time after entering into this Agreement, CITY has
any reasonable objection to any of PROFESSIONAL’s personnel, or any personnel,
professionals and/or consultants retained by PROFESSIONAL, PROFESSIONAL shall
promptly propose substitutes to whom CITY has no reasonable objection, and
PROFESSIONAL’s compensation shall be equitably adjusted to reflect any difference in
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PROFESSIONAL’s costs occasioned by such substitution.
14. Timeliness of Performance. PROFESSIONAL shall perform its professional services with
due and reasonable diligence consistent with sound professional practices.
15. Personnel. All of the services required hereunder will be performed by PROFESSIONAL or
under PROFESSIONAL's supervision, and all personnel engaged in the work shall be qualified
to perform such services.
16. Independent Contractor. In performing the services under this Agreement,
PROFESSIONAL is acting as an independent contractor. No term or provision hereof be
construed as making PROFESSIONAL the agent, servant, or employee of CITY or as creating
a partnership or joint venture relationship between PROFESSIONAL and CITY.
17. Assignability. The parties hereby agree that PROFESSIONAL may not assign, convey or
transfer its interest, rights and duties in this Agreement without the prior written consent of
CITY.
18. Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall
be binding on and inure to the benefit of the Parties to it and their respective heirs, executors,
administrators, legal representatives, successors and assigns.
19. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas. Venue for any action brought to interpret or enforce the
terms of this Agreement shall lie in Denton County, Texas.
20. No Third-Party Beneficiary. For purposes of this Agreement, including its intended
operation and effect, the parties specifically agree and contract that: (1) this Agreement only
affects matters/disputes between the parties to this Agreement, and is in no way intended by
the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact
that such third person or entities may be in a contractual relationship with CITY and
PROFESSIONAL, or both; and (2) the terms of this Agreement are not intended to release,
either by contract or operation of law, any third person or entity from obligations they owe to
either CITY or PROFESSIONAL.
21. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all
purposes.
22. Conflicts of Interest. By signature of this Agreement, PROFESSIONAL warrants to CITY
that it has made full disclosure in writing of any existing conflicts of interest or potential
conflicts of interest, including business or personal financial interests, direct or indirect, in
property abutting the proposed project and business relations with abutting property owners,
or with elected officials or employees of CITY. PROFESSIONAL further warrants that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the signing
of this Agreement and prior to final payment under the Agreement. PROFESSIONAL
warrants that it has submitted to CITY a completed Conflicts of Interest Questionnaire as
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required by Chapter 176 of the Texas Local Government Code.
23. Authority to Sign. The parties hereby warrant and represent that the undersigned persons have
full authority and are duly authorized to sign on behalf of their respective principals and that
such principals have duly authorized the transaction contemplated by this Agreement.
24. Counterparts. This Agreement may be executed by the parties hereto in separate counterparts,
each of which when so executed and delivered shall be an original, but all such counterparts
shall together constitute one and the same instrument. Each counterpart may consist of any
number of copies hereof each signed by less than all, but together signed by all of the parties
hereto.
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IN WITNESS WHEREOF, CITY and the PROFESSIONAL have executed this Agreement
as of the date first written above.
CITY OF , TEXAS
By:
Print Name:
Title:
Approved as to Form
________________________
Hugh Coleman
City Attorney
City of Sanger
[PROFESSIONAL’S NAME]
By:
Print Name:
Title:
EXHIBIT A: CITY REQUEST FOR QUALIFICATIONS
EXHIBIT B: RESPONSE TO REQUEST FOR QUALIFICATIONS
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Denton CAD Web Map
10/6/2023, 8:23:36 AM
0 0.09 0.170.04 mi
0 0.1 0.20.05 km
1:4,514
Denton County Appraisal District, Harris Govern --
This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the
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Item 9.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Alina Ciocan, Assistant City Manager
AGENDA ITEM: Consideration and possible action on Resolution No. 2023-15 adopting a
Purchasing Policy.
SUMMARY:
In FY 22-23, City Administration implemented a new internal program designed to analyze the
various functions of the organization with the goal of optimizing operations and providing better
services to our residents.
As part of this effort, Purchasing was the first function to be reviewed.
Through this review process, updating the City’s Purchasing Policy & Procedure Manual has been
identified as a necessary step in establishing an even more robust Purchasing program.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
N/A
ATTACHMENTS:
Resolution No. 2023-15
Purchasing Policy & Procedures Manual
102
Item 10.
Resolution –Purchasing Policy
Page 1 of 1
CITY OF SANGER, TEXAS
RESOLUTION NO. 2023-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, TO
ADOPT A PURCHASING POLICY AND PROCEDURES MANUAL; AUTHORIZING
ITS EXECUTION, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is prudent to establish sound purchasing policies and procedures for the
City; and
WHEREAS, The Purchasing Policy and Procedures Manual establishes the internal
process to be utilized to ensure that proper procurement methods are followed and are in
compliance with the City Charter, State and Federal laws, and good practices for local government;
and
WHEREAS, these procedures and processes promote efficiency, effectiveness, equity and
fairness in public purchasing; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANGER, TEXAS:
SECTION 1. The facts and recitals set forth in the preamble of this resolution are hereby
found to be true and correct.
SECTION 2. That the City Council of Sanger, Texas adopts the Purchasing Policy and
Procedures Manual attached hereto and incorporated herein as Exhibit “A”.
SECTION 3. That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED THIS THE 16TH DAY OF OCTOBER 2023.
APPROVED:
_______________________________
Thomas E. Muir, Mayor
ATTEST:
_______________________________
Kelly Edwards, City Secretary
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Item 10.
Exhibit A
CITY OF SANGER
Purchasing Policy
&
Procedures Manual
City Council Adoption:
104
Item 10.
TABLE OF CONTENTS
Section 1: Policy .................................................................................................................. 4
1.1 Purpose & Policy .................................................................................................... 4
1.2 Authority ................................................................................................................. 4
1.3 Enforcement ........................................................................................................... 5
1.4 Legislative Updates ................................................................................................ 5
1.5 Additional Resources ............................................................................................. 5
Section 2: Purchasing Ethics ............................................................................................... 6
2.1 Definitions ........................................................................................................................... 6
2.2 Purchasing Code Of Ethics .................................................................................... 6
2.3 No Employee Interest In Existing Contract ............................................................. 7
2.4 Conflict Of Interest ............................................................................................................. 7
2.5 Gratuities (Gifts And Entertainment) ....................................................................... 7
2.6 Supplier/Vendor Relations ..................................................................................... 8
Section 3: Purchasing Procedures ...................................................................................... 9
3.1 Department Responsibilities ................................................................................... 9
3.2 Purchasing Thresholds .......................................................................................... 9
3.3 Emergency Purchases ......................................................................................... 11
3.4 Disaster Procurement .......................................................................................... 12
3.4.1 Purpose ....................................................................................................... 12
3.4.2 Definitions ................................................................................................................. 12
3.4.3 Delegations Of Purchasing Authority In Exigent Circumstances ................... 13
3.4.4 Delegation Of Authority ................................................................................. 13
3.4.5 Procurement Procedures In Exigent Circumstances .................................... 14
3.4.6 Notification And Ratification ................................................................................... 15
3.5 Sole Source Purchases ....................................................................................... 16
3.6 Cooperative Purchases ....................................................................................... 17
3.7 Procurement Of Professional Services ............................................................... 17
3.8 Public Works/Construction Procurement ............................................................. 17
3.9 Change Orders ................................................................................................... 18
3.10 Purchasing Card ................................................................................................. 19
Section 4: Methods Of Procurement ................................................................................. 25
Section 5: Bond, Insurance, And Indemnification ...................................................................... 28
Section 6: Contracts .......................................................................................................... 31
Section 7: Surplus Property ............................................................................................... 32
7.1 Purpose ............................................................................................................... 32
7.2 Definitions ......................................................................................................................... 32
7.3 General ................................................................................................................ 32
7.4 Personal Use Prohibitions And Permissions ........................................................ 32
Section 8: Grants .............................................................................................................. 34
8.1 Policy ................................................................................................................... 34
2 City of Sanger 105
Item 10.
8.2 Identification And Application .......................................................................................... 34
Section 9: Miscellaneous Guidelines ................................................................................. 35
9.1 Bid Protests.......................................................................................................... 35
9.2 Debriefing .......................................................................................................................... 35
9.3 New Vendors ....................................................................................................... 35
9.4 Discrimination....................................................................................................... 35
9.5 Placing Orders ..................................................................................................... 35
9.6 Quotes - Freight Charges And Fees .................................................................... 35
9.7 Purchasing Orders .............................................................................................. 35
9.8 Invoices ............................................................................................................... 36
9.9 Revolving Credit Accounts .................................................................................. 36
9.10 Sales Tax Exemption ........................................................................................... 36
9.11 Tie Bids ............................................................................................................... 36
9.12 Vendor Performance ........................................................................................... 36
9.13 Non-Performing Vendors .................................................................................... 37
9.14 Prompt Payment Act ........................................................................................... 37
Purchasing Policy & Procedures Manual 3
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Item 10.
Section 1: POLICY
1.1 PURPOSE & POLICY
It is the policy of the City to conduct procurement functions efficiently, effectively, and in full
compliance with all federal and state laws, the City Charter, and City policies and procedures.
The purpose of the Purchasing Policy is to provide guidance to all employees regarding procurement-
related activities. Purchasing is a function of all departments. Department Directors, Assistant
Directors, and Managers are responsible for ensuring that departmental purchases are in compliance
with the City’s Purchasing Policy and approved budget.
Purchasing procedures are subject to the following:
• All purchasing shall adhere to sound purchasing policies to ensure that Sanger taxpayers
receive the best value for city purchases.
• All purchasing shall be made in accordance with the laws of the State of Texas, including
Chapters 252 and 271 of the local government code, City Charter, and City administration
policy and procedures.
• Purchasing activities will be managed with proper controls, and all requisitions will be
processed in a timely manner to ensure sufficient practices.
• It is the policy of the City to obtain City Council approval on any expenditures of $50,000 or
greater in accordance with State Statues.
• In accordance with the city charter, the city council shall have the right to reject any and all
bids.
1.2 AUTHORITY
The City Council’s authority to contract for all goods and services is delegated to the City Manager as
outlined in this policy and to those employees to whom the City Manager delegates that responsibility.
The Chief Financial Officer interprets this policy. Any questions regarding the Chief Financial
Officer’s interpretation and/or application of the policy may be taken to the City Manager for review
and consideration. The City Manager shall resolve any question about any interpretation and/or
application of the policy when there is a conflict.
Policy administration rests with the City management, and City management reserves sole authority
to administer City operations.
Amendments and/or updates to the City of Sanger Purchasing and Procedures Manual must be
approved by resolution of the City Council. The City Manager, as authorized by the City Council, may
amend, revise, and make certain changes to the Purchasing and Procedures Manual as deemed
necessary in the event said changes do not have the effect of revising the original force and intent of
the policy and procedures set forth and adopted by City Council.
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Item 10.
1.3 ENFORCEMENT
It shall be the authority of the City Manager and Finance Director to enforce all procurement
procedures.
A violation is defined as an employee’s action or omission that indicates a disregard for purchasing
laws, policies, or procedures. A violation also may be noted if the employee’s action was unintentional
but violates federal law, state law, city charter, policies, or procedures .
Personnel who attempt to contract in the name of the City, or make authorized or unauthorized
purchases outside the scope of this policy, may be subject to disciplinary action up to and including
termination, legal action, and personal financial liability.
If an officer or employee fails to comply with the competitive bidding or competitive proposal
procedures required by law, that person may be charged with a Class B misdemeanor. This includes
a situation where the officer or employee knowingly or intentionally authorizes separate, sequential, or
component purchases to avoid competitive bidding requirements.
Texas Local Government Code §§ 252.062, 252.063, and 271.029 provide criminal penalties for
officers and employees who knowingly violate state purchasing statutes.
1.4 LEGISLATIVE UPDATES
Any amendments to State or Federal law will automatically take effect on the date as stated in the
legislation.
1.5 ADDITIONAL RESOURCES
For additional information, the following are listed for reference:
• Texas Local Government Code, Chapter 252
https://statutes.capitol.texas.gov/Docs/LG/htm/LG.252.html
• Texas Local Government Code, Chapter 271
https://statutes.capitol.texas.gov/Docs/LG/htm/LG.271.html
• TML – Municipal Procurement Made Easy
https://www.tml.org/351/Purchasing
Purchasing Policy & Procedures Manual 5 108
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Section 2: PURCHASING ETHICS
It is the policy of the City of Sanger that the following ethical principles govern the conduct of all
employees involved, directly or indirectly, in the City’s procurement process.
2.1 DEFINITIONS
Vendor is defined as a person or business that enters or seeks to enter into a contract with the City.
Family Member means a person related to another person within the third degree of consanguinity.
Family Relationship is a relationship between a person and another person within the second
degree of affinity.
Gift means a benefit offered by a person, including food, lodging, transportation, and entertainment
accepted as a guest.
2.2 PURCHASING CODE OF ETHICS
A special responsibility is imposed on all City of Sanger employees entrusted with allocating City
funds. Employees are held to the highest degree of integrity in government procurement to secure the
best financial results and comply with the procurement process.
Employees involved in purchasing and purchasing-related functions must remain independent, free
of obligation or suspicion, and entirely fair and impartial. Credibility and public confidence are vital
throughout the purchasing process. Every person employed by the City of Sanger and performing
public purchasing and purchasing-related functions shall abide by this code of ethics.
• Refrain from holding business meetings with suppliers outside the office. If such a meeting
is necessary, carefully choose the location so there will be no perception by others in the
business community or your peers of impropriety.
• Adhere to lawful instructions, using reasonable care, and only granted authority. Strive
• to continually increase competition in supplier selection and endeavor to prevent any
collusive activities among suppliers. Avoid soliciting or accepting money, loans, credits, and
acceptance of gifts, entertainment, favors, or services from present or potential suppliers
that might influence or appear to influence supply management decisions.
• Handle confidential or proprietary information with due care and proper consideration.
Receive consent from the originator of confidential information or proprietary ideas and
designs before using them for competitive purchasing purposes.
• Treat supplies equitably, without preference or discrimination, and without imposing
• unnecessary constraints on the competitive market.
• Avoid the intent and appearance of unethical or compromising practices in relationships,
actions, and communications with vendors.
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• Refrain from conducting any private business or professional activity that would result in a
conflict of interest between the employee and employer.
• Prohibit business relationships with persons with whom you are family member or with
whom you have a family relationship.
2.3 NO EMPLOYEE INTEREST IN EXISTING CONTRACT
Employees may not have any financial or other interest, in any proposed or existing contract,
purchase (materials & supplies), work, sale, or service to, for, with, or by the City.
A. Use of City employment, authority, or influence for personal betterment, financial or
otherwise, is prohibited.
2.4 CONFLICT OF INTEREST
City employees and officials must become familiar with the requirements in Texas Local Government
Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers; and Texas
Local Government Code Chapter 171, Regulation of Conflicts of Interest of Officers of Municipalities;
and the penalties provided therein.
If a conflict exists, the employee shall notify the Chief Financial Officer in writing and remove himself
or herself from the City purchasing process.
2.5 GRATUITIES (GIFTS AND ENTERTAINMENT)
Employees shall not solicit or accept money, loans, gifts, favors or anything of value from current or
potential vendors/contractors that might influence or appear to influence a purchasing decision or the
City procurement process. If anyone is in doubt about whether a specific transaction complies with
the policy, the person should disclose the transaction to the Chief Financial Officer for a determination
of compliance.
A. The purpose of the policy governing gifts to public employees is to regulate attempts to
influence employees to use their authority or discretion to the advantage of the person
making the gift and prevent criminal conduct per City policy.
B. No officer or employee of the City shall accept, directly or indirectly any gifts, privileges or
employment from any corporation, business or entity enjoying business from the City. The
City recognizes that food items may be received from citizens and vendors as a ‘thank
you’ for service during holiday time and on other occasions. Such offerings, including gift
donations, are permissible and should be made for the enjoyment of everyone as available
in that particular department, division, or worksite.
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C. Items that are not consumable on the premises shall be returned, donated to a City
program or community organization, or used as a door prize at a City event.
D. This policy is not intended to prohibit the employee or department from accepting
discounted values when carrying out departmental (non-personal) business or accepting
courtesy generally extended to business or governmental organizations within reason.
E. Employees can attend events, meals, and sponsored events from citizens and vendors at
the discretion of the employee’s supervisor.
F. The City, as a whole, may accept consumable products as stated in item C above if the
items are provided by a vendor that is not currently under evaluation through a procurement
process.
G. Questions regarding the acceptance of gifts should be channeled through the Chief
Financial Officer.
2.6 SUPPLIER/VENDOR RELATIONS
Employees of the City must:
A. Promote positive vendor relations through courtesy and impartiality in all phases of the
procurement process;
B. Handle confidential or proprietary information belonging to the City, fellow employees,
or vendors with care and proper consideration of ethical and legal ramifications and
governmental regulations;
C. Never use information gained confidentially in the performance of duties for profit;
D. Exhibit a friendly, cooperative, and yet objective relationship with all suppliers; this will help
avoid the appearance of partiality in business dealings; and
E. Actively strive to comply with City policies and federal and state laws regarding purchases
from small businesses and those owned by minorities and other disadvantaged groups.
City employees must discharge their duties impartially to ensure suppliers have fair and competitive
access to government procurement. City employees must conduct themselves in such a manner
as to foster public confidence in the integrity of the City of Sanger procurement opportunities. Each
employee must report any potential violations to the proper authorities.
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Section 3: PURCHASING PROCEDURES
3.1 DEPARTMENT RESPONSIBILITIES
It is the responsibility of the Department Director and/or Authorized Designee to ensure the following:
A. The appropriate budget has been identified and is available;
B. The appropriate method of purchase has been identified. For any purchases expected to
exceed $50,000, the Finance Department should be consulted on ensuring the appropriate
method of purchase is selected;
C. City management and/or City Council approves of the purchase;
D. City policy is being followed;
E. State and Federal laws are being enforced;
F. Documentation for the purchase is attached to the PO as requested
G. Invoices are submitted within five (5) days of receipt to adhere to the provisions of the
Prompt Payment Act as defined in section 9.
3.2 PURCHASING THRESHOLDS
Purchasing thresholds are established to ensure fair competition among available, responsible
vendors. To effectively expedite and control purchases of goods and services that are subject to Local
Government Code, Chapter 252, the City of Sanger has adopted the follo wing purchasing thresholds.
Employees should be aware that Chapter 252 of the Texas Local Government Code prohibits the use
of “separate, sequential, or component purchases” to avoid competitive bidding requirements:
Component Purchase is a purchase of the component parts of an item that in normal purchasing
practices would be purchased in one purchase.
Separate Purchases are purchases made separately of items that in normal purchasing practices
would be purchased in one purchase
Sequential Purchases are purchases made over a period of items that in normal purchasing
practices would be purchased in one purchase.
At no time, shall purchases be broken down into smaller quantities or specialized activities so as to
avoid the requirements stated below. This practice is against State law and City policy.
PURCHASES $2,999.99 OR LESS
A. An approved department representative may source these items directly.
B. Multiple quotes are recommended, but not required for this threshold.
C. Purchases must be made with the purchasing card, under an authorized vendor charge
account, or by obtaining a purchase order prior to placing the order. The following
documentation is required:
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• Quote or proposal
• Contract executed by City Manager, if applicable. Insurance is required if the supplier is
performing work on City property.
• Insurance certificate, if applicable.
PURCHASES $3,000 TO $49,999.99
A. Requires three written quotes.
B. Requires a documented attempt to contact two Historically Underutilized
Businesses (HUBs) from HUB vendors within Denton County.
C. A purchase must be made by obtaining a purchase order prior to placing the order. The
following documentation is required:
1. All quotes/proposals obtained for this purchase (minimum of three)
2. HUB vendor information, if applicable. Indicate which HUB vendors were contacted. If
no HUB vendors were identified, please indicate so.
3. Contract executed by the City Manager, if applicable.
4. Insurance certificate, if applicable. Insurance is required if the supplier is performing
work on City property.
PURCHASES $50,000+
Purchases in amounts of $50,000 or greater are generally subject to requirements of the competitive
bid process unless specifically exempted by State Law.
Exceptions to the $50,000 Bid Threshold:
E. Professional Services
F. Emergency Purchases
G. Disaster Purchases
H. Sole Source Purchases
I. Cooperative Purchases
J. Other Exemptions as outlined in the Texas Local Government Code Chapter 252
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APPROVAL AUTHORITY
AMOUNT
Approval Requirements
Level 1 Level 2 Level 3 Level 4 Review &
Issuance
$2,999.99 or
less
Authorized
Staff
Director Finance
$3,000
- $24,999.99
Authorized
Staff
Director Finance
$25,000
- $49,999.99
Authorized
Staff
Director City Manager Finance
$50,000 + Authorized
Staff
Director City Manager City Council Finance
3.3 EMERGENCY PURCHASES
Texas statutes generally allow the local government to make “emergency or exempted purchases”
without competitive bidding as per Texas Local Government Code 255.022 “General Exemptions”.
A political subdivision is generally exempted from competitive bidding or contacting Historically
Underutilized Businesses (HUB) if one of the following occurs:
Public Calamity – In the case of a public calamity, the prompt purchase of items is required to provide
for the needs of the public or to preserve the property of the political subdivision.
Preservation or Protection – The item is necessary to preserve or protect the health or safety of
residents of the political subdivision.
Unforeseen Damage – The item is made necessary by unforeseen damage to public property.
True emergencies almost always occur as a result of parts and labor needed for unforeseen repairs
to equipment that must be kept operational. When an emergency occurs, the need for quotes will
be eliminated; however, a written explanation must be indicated on the Statement of Compliance for
Irregular Purchases
A. If the product or service is over $3,000 and under $50,000, obtain the City Manager’s
authorization. Once authorization has been received, submit a requisition to obtain a
purchase order, then call the vendor to initiate repair services or order the needed
materials. The Purchase Order should be prepared and approved by both the Department
Director and the City Manager. Immediately, or as soon as feasible, submit a copy of the
invoice to Purchasing.
B. In the event the emergency expenditure exceeds $50,000, follow the same procedures
outlined in item A above, and prepare an agenda item and/or resolution for City Council
approval to declare it an emergency and ratify payment for the products or services
purchased.
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C. In extreme cases involving a disaster, an emergency declaration will be made. All
purchases must be documented through proper state and federal forms and authorized by
the Emergency Operations Center designated employee(s).
D. An emergency created through neglect will not be processed as an emergency.
Typical examples of such neglect are:
A. Depletion of stock due to lack of planning.
B. Building or equipment needing repairs for some time suddenly becomes listed as an
emergency overnight within a short period with no substantial reason or facts.
C. Orders of materials for projects, most of which must be planned weeks or months ahead of
time and requested just before desired use.
3.4 DISASTER PROCUREMENT
3.4.1 PURPOSE
This policy modifies the City of Sanger’s normal procurement practices to assure that, in both
emergency and exigent circumstances caused by a proclaimed disaster or emergency, the City of
Sanger is able to acquire the goods and services required to address an immediate threat to life,
public health, or safety, or to eliminate/reduce an immediate threat of signif icant damage to improve
public and private property through cost-effective measures while still maintaining an effective
purchasing process and complying with applicable local and state purchasing laws. Where the City is
included in a major disaster or emergency declared by the President of the United States, this policy
also assures that City purchases comply with Federal regulations applicable to FEMA disaster grant
reimbursement as defined in Title 2 of the Code of Federal Regulations, Part 200. (2CFR Pa rt 200)
3.4.2 DEFINITIONS
For the purposes of this policy, a proclaimed disaster or emergency exists if:
A. The Governor has declared a state of emergency for an area that includes the geographic
territory of the City of Sanger, or
B. The Mayor of the City of Sanger has declared an emergency in the City.
Exigent circumstances are situations in which:
C. A disaster or emergency has been proclaimed, and
D. The public exigency for goods and services required to address an immediate threat to life,
public health, or safety or to eliminate/reduce an immediate threat of significant damage
to improved public and private property through cost-effective measures will not permit
competitive solicitation.
Emergency Operations Center (EOC) is the centralized location of emergency response and recovery
support operations during incidents.
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Emergency Management Coordinator (EMC) is the employee delegated by the Mayor.
3.4.3 DELEGATIONS OF PURCHASING AUTHORITY IN EXIGENT CIRCUMSTANCES
A. Delegation - If the City Manager determines that goods and services must be procured
before the City Council is able to assemble and approve purchases, the City Manager has
the authority, subject to the limitation set forth in subparagraphs 3.4.3 B and 3.4.3 C, to
approve the immediate rental or purchase of any equipment, supplies, services or other
items necessary to respond to an immediate threat to life, public health, or safety, or to
eliminate/reduce an immediate threat of significant damage to improved public and private
property through cost-effective measures.
B. Limits of Single Purchase Authority - The City Manager or designee shall have the authority
to make individual purchases up to $10,000 on his or her signature alone. The City
Manager shall have the authority to make purchases above $10,000 up to a maximum of
$250,000 when countersigned by the Mayor or in the Mayor’s absence countersigned by
the Mayor Pro-tem, and in his or her absence, another council member.
C. Limits of Aggregate Purchase Authority - The City Manager or designee shall have the
authority to make aggregate purchases up to $10,000 on their signature alone. The
City Manager shall have the authority to make purchases in excess of $10,000 up to
a maximum of $250,000 when countersigned by the Mayor or in the Mayor’s absence
countersigned by the Mayor Pro-tem, and in his or her absence, another council member.
3.4.4 DELEGATION OF AUTHORITY
Sub-Delegation: At any time that the City Manager is not available, his or her designee shall approve
purchases as allowed in this section.
Sub-Delegation of Purchasing Authority: If neither the City Manager nor his or her designee is
available, the following department heads have the authority to rent or purchase from the nearest
available source any equipment, supplies, services, or other items necessary to respond to an
immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of
significant damage to improved public and private property through cost-effective measures, up to a
maximum of $10,000.
Department Heads include:
• Assistant City Manager
• Chief Financial Officer
• Police Chief
• Fire Chief
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• Assistant Fire Chief
• Public Works Director
Administrative Procedures:
A. As soon as possible, after purchases are made under this section, the City Manager, his
or her designee, or department head shall submit to the Finance Director a requisition and
a notation that the commodity has been ordered on an emergency basis from the vendor
designated.
B. The Chief Financial Officer will inform the City Manager and City Council of any individual
purchase under this section with a contract amount greater than $10,000 and also
whenever the aggregate of purchases under this section is greater than $250,000.
C. Finance staff will obtain the City Manager’s or the City Manager’s designee approval prior
to any purchase by a department head if the amount is $10,000 or more.
D. If the City Manager or his or her designee is unavailable, and the delay in getting his/her
signature would imperil life, safety, or improved property, the department heads as listed in
3.4.4 above may approve the emergency purchase of $10,000.
E. The Chief Financial Officer shall have the authority to approve all disaster-related
purchases under $250,000.
F. The Chief Financial Officer will expedite the verification of funds available and complete the
preparation of the purchase order.
3.4.5 PROCUREMENT PROCEDURES IN EXIGENT CIRCUMSTANCES
Upon receipt of requisitions under Section 3.4, the Chief Financial Officer shall prepare purchase
orders for the emergency equipment, supplies, services, or other items in accordance with the
requirements of this section.
A. Exempt Purchases are those less than $250,000 and do not require a formal bid.
B. Purchases greater than $250,000 may be made following the procedures specified in this
section. The signature(s) of the City Manager, Chief Financial Officer, and/or Department
Head are required.
Justification of Sole Source or No-bid Contracts, where exigent circumstances require immediate
Procurement from the nearest available source,
A. The Chief Financial Officer shall use the “Justification Form for Emergency Sole Source or
No-Bid Purchase.”
B. Procurement should be limited to that portion of the work that must be performed
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immediately, allowing subsequent Procurement by competitive proposals of the remainder
of the work.
C. “Sole source” or “no-bid” acquisitions shall be necessary for one of the following reasons:
placement of emergency protective measures, procurement of a scarce commodity, goods,
or services or purchase or rental of emergency equipment, emergency consulting services,
emergency road clearance or other emergency requirements.
Provision for Alternate Bid Solicitation Procedures: : The City’s normal requirements for sealed bids
shall not apply to acquisitions under this section. However, the Department Head shall conduct
telephonic or other electronic bid solicitation from potential vendors or suppliers in lieu of written and/
or sealed bids in an effort to obtain multiple competitive proposals when and if time allows in light of
the exigent circumstances.
Locations of Postings for Request for Proposals or Invitation to Bids: The Chief Financial Officer
may waive standard requirements for public posting of requests for proposals or solicitation of bids.
Notices soliciting bids or requests for proposals shall be posted at the City’s designated Emergency
Operations Center.
Length of Time for Posting Requests: The Chief Financial Officer may shorten the normal bid
period from fourteen days to expedite the award of contracts for emergency equipment, goods, or
services. The Procurement Officer should seek to ensure that the shortened bid period allows multiple
suppliers to submit bids.
Number of Bids Required: Solicited bids that are non-responsive shall count towards the minimum
number of bids required when there is a declared emergency or disaster in the Jurisdiction. All such
no-bids must be documented as to the time, date, and person/company contacted, with a reason for
no-bid, if possible.
3.4.6 Notification and Ratification
Posting of Contracts and Awards – Under this section, all contracts awarded that exceed $50,000
shall be presented to City Council for ratification and publicly posted within sixty (60) days.
Authority to Cancel Emergency Procurements: The City has the absolute authority to rescind a
contract for non-performance within 24 hours when a contractor or vendor, once awarded a con tract,
is unable to perform under the terms of the contract and the resulting delay or non -performance
presents an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate
threat of significant damage to improved public and private property through cost-effective measures.
1. Notification Requirement for Emergency Purchases: For any purchase in excess of
$50,000, the Chief Financial Officer shall report all such purchases to City Council within
thirty (30) days of the onset of the disaster.
2. Requirement for Separate Invoicing: All purchases or rentals made during proclaimed
emergency or disaster conditions shall require separate invoicing from routine (non -
disaster related) purchases. All invoices shall state the goods, services, or equipment
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provided and shall specify where the goods or services were delivered. All invoices shall
specify the locations where the goods or services were used if at all possible.
3. Auditing of Invoices for Debris Clearance Prior to Payment: All invoices for debris
clearance and removal shall be audited by the City prior to payment to the vendor.
Vendors shall be notified of this requirement before the award of any contract for debris
clearance and/or removal. Audits shall be in accordance with procedures for debris
removal monitoring specified in FEMA’s Publication 325, Debris Management Guide.
4. Limitations of Disaster Purchasing Policy: For the purposes of this section, an
emergency or disaster shall be deemed to exist when a condition exists that presents
an immediate threat to life, public health, or safety or to eliminate/reduce an immediate
threat of significant damage to improved public and private property through cost-
effective measures and a local emergency or disaster has been proclaimed. Any
purchases that do not meet the standard of being necessary for responding to an
immediate threat to life, public health, or safety or to eliminate/reduce an immediate
threat of significant damage to improved public and private property through cost-
effective measures shall follow the City’s regular purchasing provisions.
5. Notwithstanding the terms of this policy, nothing contained herein shall conflict with
Federal procurement regulations as currently defined in 2 CFR Part 200.
3.5 Sole Source Purchases
Quotes are not required if the materials, goods, or supplies can only be purchased from a sole
vendor, in other words, a sole source. Reasonable efforts must be made to ensure purchases from
sole sources are correctly classified as such. Materials, goods, and/or supplies cannot be requested
so as to remove other suitable alternative vendors/sources. The department must attach justification
to validate the sole source procurement meets one of the requirements listed below.
• The good/service is one-of-a-kind or patented, copyrighted, secret process or unique item;
• The product is only available from a regulated or natural monopoly; or
• The product is a component of an existing system that is only available from one supplier.
• Sole source purchases are approved only after the lack of alternate sources has been
determined and proof of sole source is documented. The written justification should include
one or more of the following:
• Statement on company letterhead from vendor attesting to the fact that the item(s) being
requested are only available from that vendor.
• A statement from the Department Director or authorized designee providing information
concerning previous attempts to obtain competitive bids on the item(s) requested
including the name of the company and person contacted, in an effort to find other
sources.
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• If the purchase is $50,000 or greater, it must be found to be a sole source by the City
Council before the purchase or contract is executed.
3.6 Cooperative Purchases
Texas Government Code, Chapter 791, and Texas Local Government Code, Chapter 271, authorize
the use of cooperative purchasing programs. These chapters authorize the City to use another
entity’s bid and likewise allow another entity to use the City’s contracts. Additionally, the statutes allow
the City to use a cooperative contract issued by an established cooperative agency.
The following must be included and established to utilize a cooperative contract.
A. The bid specifications/contract must have cooperative language.
B. The awarded vendor must have agreed to the terms.
C. An Inter-local agreement must be in place between the City and the issuing entity.
The City has established memberships and entered into inter-local agreements which promote
participation in cooperative purchasing programs. Purchasing Inter-local Agreements will not be
executed to merely avoid the competitive process. The Finance Department shall manage and
oversee all Purchasing Inter-local Agreements. Departments should contact the Finance Department
for assistance with cooperative purchases and any reporting requirements.
3.7 Procurement of Professional Services
Professional services generally refer to those services performed by an individual.
Cities are prohibited by law from awarding a contract by competitive bidding for some professional
services, including architects, interior designers, engineers, or certified public accountants. The
Professional Services Procurement Act established a set of procedures that must be followed to
contract for these services.
The selection of these providers shall be based on demonstrated competence, experience, and
qualifications of the firm. If a department is not sure if a service is a “professional service,” the
department should contact the Finance Department before securing such services.
3.8 Public Works/Construction Procurement
Public Works projects are those projects that require the construction, repair, or renovation of a
structure, building, street, highway, bridge, park, water and wastewater distribution facility, airport
runway or taxiway, drainage project, or other improvements or additions to real property.
A. Bid Type: Several processes are defined in the Texas Government Code Chapter 2269.
The Department Head shall consult with the Chief Financial Officer to determine which
method will provide the best value for the City.
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B. Prevailing Wage Rates: Texas Government Code Chapter 2258 mandates that any Public
Works contract awarded by the City include the requirement to pay prevailing wage. The
statue requires the payment of a prevailing wage rate for laborers and mechanics and
applies to both contractors and subcontractors. Wages for workers on construction projects
shall not be paid less than the schedule of general prevailing rates of per diem wages as
mandated. The prevailing wage rate or a link with the wage rates with the date shall be
included in public works projects. Rates may be accessed at: http://www.wdol.gov/dba.
aspx.
C. Bonding Requirements: Bonds shall be executed in accordance with the Texas Government
Code Chapter 2253.
• The bond must be executed by a corporate surety in accordance with the policies of the
City.
• The corporate surety must be licensed by the State of Texas to issue surety bonds and
appear on the U.S. Treasury List of acceptable forms.
• A Power of Attorney must be included.
• Bonding shall be verified prior to the start of any project.
D. Insurance and Indemnification Requirements:
• The minimum insurance required will be specified by the City of Sanger.
• For construction projects, all contractors and sub-contractors, including those delivering
equipment or materials or performing a service shall provide workers’ compensation for
all employees. General contractors are responsible for ensuring that sub -contractors
carry the same or higher insurance as those required.
• All contractors shall provide proof of coverage satisfactory to the City. Contractors
shall post required signs at the job site(s) informing all workers of their right to workers’
compensation coverage. Texas Labor Code §406.096.
3.9 Change Orders
A change order is the written documentation and approval process that must be performed when
changes in the scope of a project are proposed after the performance of a contract has begun. Such
changes may include a significant change in the quantity of work to be performed, the cost of work
to be performed, or the materials, equipment, or supplies to be furnished. A change order is usually
written for a construction contract but may be necessary for other types of contracts. Refer to Texas
Local Government Code Chapters 252 and 271.
Threshold for Change Orders
A “threshold” is defined as a financial limit on the amount of expenditures that can be authorized by
the City Manager on a construction project before requiring City Council approval. See Texas Local
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Government Code Chapters 252 and 271.
• Change Orders Greater than $50,000 – If the change order is greater than $50,000 it must
be approved by the City Council.
• Change Orders Less than $50,000 – If the change order is less than $50,000 it may be
approved by the City Manager.
• A change order or cumulative total of project change orders may not exceed 25% of the
original contract amount.
• Once the total of all approved change orders on a project (including the contingency
amount) totals more than $50,000, all subsequent change orders must be approved by the
City Council.
• The original contract price may not be decreased by more than 25% without the consent of
the contractor.
• Change orders shall be listed in number sequence on the Purchase Order.
Approval for Change Orders
If aa change order is greater than $50,000 and is extremely time sensitive and qualifies as an
emergency, the City Manager may approve such a change order prior to City Council approval;
however, such change order still must be brought to the City Council as soon as possible for
approval. Emergency conditions are defined in this policy.
Contingency Funds
The City Council may establish a contingency fund for a construction project at the time of the award
of a bid to be used during the course of a project. A contingency fund maybe established at any dollar
amount above the bid award provided that is reasonable and prudent. (10% or less as determined by
staff/budget.)
3.10 Purchasing Card
The Purchasing Card (PCard) program is intended to streamline and simplify the purchasing and
accounts payable functions for small purchases. The Purchasing Card is a tool that reduces
transaction costs, facilitates the timely acquisition of materials and supplies, automates data flow for
accounting purposes, and offers flexible controls to help ensure proper usage.
The Program is designed as an alternative to various processes, including petty cash and purchase
orders for small purchases. The Program is not intended to avoid or bypass appropriate procurement
of payment procedures. Instead, the Program complements the existing processes available. The
Purchasing Card is a MasterCard credit card issued by Citibank. Some record-keeping is essential to
successfully use the Purchasing Card.
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This Cardholder Guide provides information about the process, the types of purchases that can and
cannot be made, records that must be maintained and reconciled for each cycle, and a variety of
other Program information.
Employees commit city funds each time they use the Purchasing Card. This is a responsibility that
should not be taken lightly. Employees are responsible for all charges made to the card issued t o
them. Intentional misuse or fraudulent abuse may result in disciplinary action up to and including
dismissal.
The card will have no impact on the Cardholder’s personal credit. Although the card lists an
individual’s name, the card is issued to the City of Sanger.
Definitions
For the purposes of the Purchasing Card Program and Cardholder Guide, the following words shall
have the meaning designation as follows:
Cardholder refers to an employee who:
• Has been approved by the department director to receive a purchasing card.
• Has read the Cardholder Guide, signed the Purchasing Card Agreement, and has been
issued a card in their name.
• Is authorized to purchase items for their work group in accordance with purchasing
guidelines of the city and with this Cardholder Guide.
Department Coordinator (optional) is the person designated by a department director to administer
the purchasing card accounts at the department level.
Program Administrator is the designated person assigned by the Finance Department who
administers the program for all departments, responsible for setting up, overseeing, and maintaining
the Purchasing Card Program.
Obtaining a card
Only full-time employees of the City of Sanger are eligible to receive a Purchasing Card. Employees
will only be issued a Purchasing Card at the request of their department director to the Program
Administrator. Requests are to be made using the Purchasing Card Request form.
Employees are required to read the Cardholder Guide, understand the procedures outlined, and sign
and date the Cardholder Agreement before being issued a Purchasing Card.
Upon receipt of a Purchasing Card, the Cardholder must sign the back of the card(s) and always keep
it in a secure place. The Cardholder is responsible for the security of the card(s) issued in their name
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and the transactions made against the card(s).
Although each Purchasing Card is issued in the employee’s (Cardholder’s) name, it is the City of
Sanger’s property and is only used for city purchases as defined in this guide.
Purchasing Card Restrictions
A. The Card is NOT to be used for personal purchases. Other restrictions include, but are not
limited to:
• Alcohol or liquor
• Entertainment, such as theater, movies, golf, etc
• Services such as contracts and agreements
• Cash refunds or advances
• Fuel purchases
B. The Purchasing Card is NOT to be used for single purchases over $3,000.00.
C. Under no circumstances should a transaction be split into two separate receipts to bypass
the single transaction dollar limit.
D. Each card requires a monthly total limit, which will deny further transactions in that month.
Using the Card
Purchases with the necessary approval are initiated using the Purchasing Card. Cardholders must
contact the supplier and agree to the price, quantity, and delivery date. When ordering, Cardholders
should inform the supplier that the purchase is for City business, a tax-exempt entity, and should
not be charged sales tax. If the purchase is via phone or mail, the Cardholder should ask the
supplier to include the receipt with the goods when the product is shipped. This receipt is the only
original documentation specifying whether or not sales tax has been paid against the purchase. The
Cardholder is required to retain all receipts for purchases. An original, itemized receipt for every
purchase must be obtained from the vendor when the card is used. Restaurant purchases must
include the credit card receipt with the total, including tip, in addition to the itemized receipt.
Sales Tax
As a tax-exempt government agency, the City of Sanger does not pay sales tax. Cardholders are
responsible for ensuring that the City is not charged sales tax by alerting the merchant in advance
that the transaction is tax-exempt. If tax is included, the cardholder is responsible for correcting the
charge.
Cardholder Duties and Responsibilities
• Cardholders, or an assigned liaison, are responsible for reconciling the statement monthly.
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• The cardholder must ensure transactions are completed within the assigned limits and
guidelines, sales tax was not applied, and the original “detailed” receipt is included.
• The cardholder is responsible for processing returns, verifying credits are received, tracking
card balances, and disputing charges directly with the vendor.
If a cardholder finds a discrepancy, they should contact the vendor and attempt to resolve the
problem directly.
A. The transaction in dispute must be noted in the item’s description.
B. Cash refunds for returns are not allowed.
C. The cardholder must verify the credit is received and attach documentation such as a
return receipt or email from the vendor to the expense report.
If a cardholder cannot resolve a disputed item directly with a vendor, the cardholder should contact
the Program Administrator for assistance.
Purchasing Card Transaction Flow
Purchase
The cardholder makes a purchase using the purchasing card; the Cardholder obtains an itemized
receipt, and Cardholder forwards the itemized receipt to the Department Coordinator (if any).
Departments may require Cardholders to record all Purchasing Card transactions on a Purchasing
Card Transaction Log.
Reconciliation
Every month, the Cardholder will receive a statement from Citibank. The Cardholder (or Department
Coordinator) shall review the statement and prepare a single Accounts Payable Voucher for all items
on the statement. The A/P Voucher, monthly statement, and all individual purchase receipts shall be
submitted to the Finance Department within five business days of the statement date. Photographs
of receipts are not acceptable and should not be used. If the Department Coordinator has assigned
General Ledger account codes, the Department Director must review and approve the charges.
Photographs of receipts are not acceptable and should not be used. If a Department Coordinator has
entered the General Ledger account codes, the Department Director must review.
The Finance Department
The Finance Department consolidates all statements received from departments and arranges
payment.
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Resolving Errors and Disputes
In the case of an error, the Cardholder is first to contact the supplier and try to reach an agreement.
Most disputes can be resolved in this manner. If unable to settle with the supplier or vendor, the
Cardholder is to report the error or dispute to their supervisor immediately.
Paying the Bill
Purchasing Card purchases will be charged to an expense account based on the department/account
combination that has been established.
Lost or Stolen Cards
Purchasing Cards should be secured in the same way as personal credit cards. In the event of a lost
or stolen Purchasing Card, Cardholder is to immediately contact Citibank via the toll-free number 800-
248-4553 and notify the Purchasing Card Program Administrator.
Refusal of Card or Account
Should the Card be declined at the point of sale for any reason, Cardholder should contact the
Purchasing Card Program Administrator. Every effort will be made to determine why the transaction
was declined.
Purchasing Card Audit Activity
Purchasing Card activity is subject to random audits by appropriate personnel, including the
City’s external auditors. The random audits help ensure adherence to the Program’s policies and
procedures.
Merchants That Do Not Accept the Card
Merchants should be encouraged to become involved in the Purchasing Card Program. Merchants
may contact their local bank or financial institution to become credit card capable. For those
merchants that are unwilling to participate in the Program, alternative sources should be found.
Violations
Revocation Of The Purchasing Card
The purchasing card is subject to revocation at any time at the discretion of the City Manager. Each
cardholder must acknowledge receipt of the purchase card, understand the rules of usage, and sign
the Cardholder Agreement Form. Failure to abide by this policy will result in revocation of their card
and disciplinary action up to termination of employment. The Chief Financial Officer will recommend
to the Department Director that the card be revoked following any violation of the Procurement Card
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policy.
The Finance Director is authorized to temporarily suspend use of the card if unauthorized use is
discovered and poses a threat to internal financial controls.
• First Violation - revoke privileges for 30 days.
• Second Violation - suspend privileges/revocation at the discretion of the City Manager and/
or disciplinary action including termination of employment.
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Section 4: METHODS OF PROCUREMENT
4.1 Procurement Methods
The Department Head will consult with the Chief Financial Officer to determine the best method of
procurement to purchase goods and services. The methods of procurement utilized by the City are as
follows:
1. Quote Method
Quotes are utilized to purchase goods and services up to $50,000. Examples include but are not
limited to maintenance and repair items, cleaning supplies, furniture, and office equipment.
Purchases over $3,000 and up to $50,000 are subject to the Historically Underutilized Businesses
(HUB) law of the State of Texas. Quotes can be obtained for one-time purchases or for the
establishment of an annual contract. The award is made to the vendor providing the lowest bid or the
best value, as pre-determined by the City. Negotiations are not permitted.
2. Competitive Sealed Bidding Method/Invitation for Bid (IFB)
A bid is utilized to purchase goods and services over $50,000 and is subject to the competitive bid
laws of the State of Texas. A bid is utilized for one-time purchases or for the establishment of an
annual contract if there is a continuous need to purchase the same goods or services totaling in
excess of $50,000 annually. Award is made to the lowest responsive and responsible bidder, or to the
bidder providing the best value, as pre-determined by the City. Negotiations are not permitted.
In determining the best value for the municipality, the municipality may consider:
(1) the purchase price;
(2) the reputation of the bidder and of the bidder’s goods or services;
(3) the quality of the bidder’s goods or services;
(4) the extent to which the goods or services meet the municipality’s needs;
(5) the bidder’s past relationship with the municipality;
(6) the impact on the ability of the municipality to comply with laws and rules relating to
contracting with historically underutilized businesses and nonprofit organizations employing
persons with disabilities;
(7) the total long-term cost to the municipality to acquire the bidder’s goods or services; and
(8) any relevant criteria specifically listed in the request for bids or proposals.
3. Competitive Sealed Proposal (CSP) / Request for Proposal (RFP) Method
This method is used for the purchase of goods and services at any dollar threshold, where factors
Purchasing Policy & Procedures Manual 25
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Item 10.
other than price are considered in the award process. A pre-determined set of evaluation criteria is
established, and all proposals are evaluated against the criteria and scored accordingly. Negotiations
are permitted in order to obtain the best value for the City.
4. Request for Qualifications (RFQ) Method - Purchase of Professional Services
The RFQ process is utilized to procure professional services, as defined in Texas Government Code,
Chapter 2254.
(a) Cities are prohibited from using competitive bidding procedures to obtain the services of
architects, engineers, certified public accountants, land surveyors, physicians, optometrists,
landscape architects, geoscientists or state-certified real estate appraisers. Instead, for
contracts involving architectural, engineering or land surveying services, a City must first
select the most highly qualified provider and then attempt to negotiate a fair and reasonable
price.
(b) All Other Professional Services: The RFQ process is utilized to select a firm on the basis
of demonstrated competence and qualifications to perform the services, and for a fair
and reasonable price, for professional services other than those identified above, if the
expenditure is anticipated to be in excess of $50,000
A pre-determined set of evaluation criteria is established, and all qualifications are evaluated against
the criteria and scored accordingly. Price cannot be disclosed or considered during the scoring
process. Negotiations are permitted with the most highly qualified firm only. Negotiations will continue
until terms, conditions, and a fair and reasonable price are agreed upon. If negotiations with the most
highly qualified firm are not successful, negotiations will cease with the current firm and begin with the
next most highly qualified firm. Once negotiations have ceased with a firm, re -opening negotiations
with that firm is not allowed.
4.2 Awarding the Bid
Best Value - If best value is utilized, below are a list of items the department may utilize to make the
determination of “best value” for the City.
• Purchase price;
• Reputation of the bidder;
• The bidder’s safety record;
• Warranties;
• The quality of the bidder’s goods or services;
• The extent to which the goods or services meet the City’s needs;
26 City of Sanger
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• The bidder’s past relationships with the City or Department;
• The impact on the ability of the City to comply with laws and rules relating to contracting
with historically underutilized businesses (HUB) and nonprofit organizations employing
persons with disabilities;
• The total long-term cost to the City to acquire the bidder’s goods or services; and
• Any relevant criteria specifically requested in the bid or proposal.
In the event no bids are received, the Department may re-advertise or choose to not undertake a
contract. If only one bid is received, the City Council may choose to accept the bid, reject the bid and
re-advertise, or determine not to undertake the project.
Bids are opened and read aloud at the designated time and place. The bid/bids must then be
presented to City Council. The City Council must then award the bid to the lowest responsible bidder
or if previously determined, the bidder with the “best value”. The City Council does have the option to
reject all bids as well.
Once a bid has been opened, it may not be changed or altered to correct minor errors in the
price. However, under some circumstances, a bidder may be able to withdraw a bid if it contains a
substantial mistake that would cause a great hardship if enforced against the bidder.
Note: Preference will be given to products with recycled materials as long as the products meet
applicable specifications.
4.3 Confidentiality of Information in Bids or Proposals.
(a) Trade secrets and confidential information in competitive sealed bids are not open for
public inspection.
(b) If provided in a request for proposals, proposals shall be opened in a manner that avoids
disclosure of the contents to competing offers and keeps the prop osals secret during
negotiations. All proposals are open for public inspection after the contract is awarded,
but trade secrets and confidential information in the proposals are not open for public
inspection. (Local Government Code, Chapter 252, Sec. 252.049)
(c) Proposals must be made confidential until an award is made.
Purchasing Policy & Procedures Manual 27 130
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Section 5: BOND, INSURANCE, AND INDEMNIFICATION
Bond Policy
Bidders may be required (at the statutory limit or less) to provide certain bonds for Public Works/
Construction Contracts. This ensures that if the bidder attempts to withdraw after the bid is accepted,
the City will not suffer loss. The City will only accept sureties duly qualified and authorized. Personal
sureties will not be accepted.
The City may require bonding on other projects to mitigate risk. The City requires payment,
performance, and maintenance bonding to be provided.
Types of Bonds
A. Bid Bonds – The Bid Bond minimum limit is five percent (5%) of the total amount bid and
would typically apply to construction contracts. It is the City’s option whether or not bidders
to provide a Bid Bond. Certified or cashier’s check will not be accepted in lieu of a Bid
Bond. Bid Bonds are provided on surety forms. Bid Bonds will be returned to the issuing
vendor upon request. Bond must be requested within ten days of award.
B. Payment Bonds are required for Public Works contracts in excess of $50,000 and must
be written for 100% of the total bid price. The Payment Bond is for the protection of those
performing work as subcontractors or suppliers for the prime vendor/contractor.
C. Performance Bonds are required for all Public Works contracts when the vendor’s bid
exceeds $100,000, and they must be written for 100% of the total bid price. These bonds
are solely for the protection of the City in the event of a contractor/vendor default under
Contract terms and conditions.
D. Maintenance Bonds can be written for a term relevant to the project. The coverage
provided by a Maintenance Bond is to guarantee against defective workmanship and
materials.
Bond Requirements
A. All Bonds must be in the forms acceptable to the City Manager.
B. All performance bonds must be executed by such sureties as are named in the current
list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies”, as published in Circular 570, as may be
amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of
the Treasury.
C. All performance bonds must be signed by an agent and must be accompanied by a certified
copy of the authority for him or her to act.
D. All performance bonds shall be obtained from surety or insurance companies that are duly
licensed or authorized in the State of Texas to issue performance bonds for the limits and
coverage required.
E. Approval of bonding company as per ratings of the Texas Department of Insurance, or a
successor agency.
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Insurance and Indemnification Policy
A. Contractors performing work on City property or public right-of-way shall provide
indemnification and certificates of insurance listing the City as an additional insured or a
copy of their insurance policy(s) including a copy of the endorsements necessary to meet
contract requirements, and hold harmless and defense clauses.
B. Contractual agreement must contain a provision that transfers the risk of the project for
the City to the contractor. Because the contractor may not have the financial resources
to handle the risks that are transferred in the contract, the City requires that insurance be
purchased and maintained by the contractor for financial security.
C. Workers’ Compensation Insurance – Per Statute, contractors and subcontractors hired for
building and construction projects must provide Workers’ Compensation Insurance for their
employees regardless of the project’s cost. See Texas Labor Code, § 406.096.
D. All insurance documents must be verified and approved prior to the contract, purchase
order, or commencement of work to be performed.
Note: City Manager may waive any insurance requirements for low cost/low risk contracts.
Purchasing Policy & Procedures Manual 29 132
Item 10.
INSURANCE
City of Sanger
Minimum Insurance Requirements Summary
Agreement Type General
Liability Auto Work.
Comp.
Employers
Liability
Prof.
Liability
Installation
Floater
Builder’s
Risk
Garage
Liability
General Contract
- Services X X X X
Personal Services X X X
Professional
Services X X X X X
Construction X X X X X X
Special Events X X X
Min Coverage
Amounts
Minimum Standard
Limit
$1M Per
Occurrence
$2M
Aggregate
$1M
Combined
Single
Limit
Texas
$500K
Accident
$500K
Employee
$500K
Limit
$1M Per
Occurrence
$2M
Aggregate
100%
Project
Completed
Value
100%
Project
Completed
Value
Total
Value of
Vehicles
Additional Coverages (in addition to standard requirements based on agreement type unless noted)
Construction
Contracts Employers Liability Limit: $1M/$1M/$1M; CGL Limit: $2M per occurrence and $4M aggregate
Garbage Collection
Services CGL Limit: $5M per occurrence and $10M aggregate; Auto Limit: $5M Combined Single Limit
Pollution Exposure $1M Pollution Liability (or equivalent) - Required for vendors or contractors performing work with pollution
exposure.
Railway Exposure $1M Railroad Protective Liability (insuring the railroad) - Required if performing work within 50 feet of a railway.
Liquor Exposure $1M Liquor Liability - Required for vendors who sell or distribute liquor.
Cyber Exposure $1M Cyber Liability (or equivalent) - Required for vendors with access to City networks or handle sensitive
data.
Footnotes:
(1) Waiver of subrogation shall be provided with the Workers’ Compensation coverage.
(2) The City shall be covered as additional insured on the GL and Auto policies.
(3) Policies of insurance shall not be canceled without a 30-day notice to the City.
(4) Insurance carriers must meet A.M. Best financial rating of A-VI or better.
(5) Combination of primary or excess policies that meet the required limits is acceptable.
(6) Agreements may require additional coverage and/or higher limits at the City’s discretion.
Note: City Manager may waive any insurance requirements for low cost/low risk projects.
30 City of Sanger 133
Item 10.
Section 6: CONTRACTS
DEFINITIONS
Contract is a written, legally binding document or obligation.
Purchase Order is an official written document issued by a buyer, which is a commitment to pay the
seller (vendor) for the products ordered. The process ensures purchases are approved and within
budget. A Purchase Order or Contract is required when insurance and indemnification are needed. A
Purchase Order is a contract.
Annual contract is a contract for goods or services in which pricing is locked for a specific period of
time.
Evergreen contract is one that automatically renews after its initial term expires. The parties agree
that the contract rolls over automatically and indefinitely until one gives the other notice to terminate it.
CONTRACTS
Purchasing items from a vendor other than the awarded vendor is a violation of the purchasing policy.
An exception may be granted due to extenuating circumstances and must be approved in writing by
the Chief Financial Officer.
All purchases greater than $50,000 must include a standard contract, insurance, bonds (if needed),
and a purchase order.
CONTRACT MANAGEMENT
Contract management shall be used by all departments to manage all City-related contracts. Failure
to manage and control changes can result in an unintentional attempted modification to the scope of
work, the extension of the schedule, an increase in the contract cost, circumvention of management
controls, and diminished contractor accountability.
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Section 7: SURPLUS PROPERTY
7.1 PURPOSE
The purpose of the policy is to ensure that the disposal of City-owned property is completed in a
consistent manner throughout the organization.
7.2 DEFINITIONS
Disposal means the sale, trade, donation, or destruction of surplus property or equipment.
Item means surplus or obsolete movable assets such as vehicles and equipment, materials, and
unclaimed property.
Surplus means all supplies, assets, materials, and unclaimed property that are either obsolete at the
end of their life cycle or no longer required by operations.
Obsolete – lack of functional use or out of date.
7.3 GENERAL
There are multiple formats for the disposal process. These include auction, transfer, trade-in,
recycling, and destruction. All methods require written approval.
A. Departments should contact the Finance Department prior to the disposal of any property
over $5,000. Departments should complete the required disposition forms.
B. Any item that is still operable and has a potential value shall be auctioned or traded during
the replacement process as it becomes obsolete.
C. Scrap Metal – Staff shall obtain from Finance authorization to recycle specific items. Funds
received for the recycling must be submitted to Finance and deposited. Written receipts
from the recycling center must be provided with the payment.
7.4 PERSONAL USE PROHIBITIONS AND PERMISSIONS
City employees may purchase items from City issued (electronic) third-party auctions, provided that
the employee making the purchase was not involved in the decision to dispose of said item(s).
Steps Responsibility
1 Identify surplus property Department Director or designated
Employee
2 Notify all departments of the availability of the
surplus property.
• Email to all departments/users
• Allow a minimum of seven days
Designated Department employee
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Item 10.
3 If a department is interested, complete the
City’s Surplus Property Form and submit it to
Finance.
• Requesting department must pick up
the equipment within seven days.
Designated Department employee
4 If there is no interest, notify Finance.
Complete Disposition form and send it to
Finance
Designated Department employee
5 Finance will determine the best method of
disposal through:
• Auction
• Trade-In
• Recycling
• Donation
• Destruction
Finance
6 Prior to Sale:
Department must remove all City of Sanger
identification, markings, or equipment (logo,
department numbering, equipment that will be
used on
other equipment, etc.)
Designated Department employee
7 Move item to a secure location Designated Department employee
8 Take pictures and submit them to Parks
Director • For vehicles & equipment, take a minimum of four pictures (one on each side).
• Additional pictures of the inside, damage to exterior or interior, etc.
• The more information/pictures provided will help with the sell and
fewer questions will be generated by
the public.
Designated Department employee
9 Create a log with the identification, location,
value, and date.
Finance/Parks Director
10 Proceed with auction. Auctions will be
completed quarterly or sooner, If needed.
Finance/Parks Director
11 Receive funds and closeout auction. Finance
Purchasing Policy & Procedures Manual 33 136
Item 10.
Section 8: GRANTS
8.1 POLICY
This policy establishes the responsibility for ensuring compliance and provides a review process that
shall be completed before signing any grant or award document and accepting said grant or award.
8.2 IDENTIFICATION AND APPLICATION
Departments seeking grants must provide advance notice in writing to Administration and the Finance
Department. This ensures that those affected can review and understand grant requirements,
including Budget, Procurement, and auditors.
A. Submit grant requirements to Finance before application submittal.
B. Submit copies of all award documents, applications, and funding agreements to
Procurement and Finance before bidding.
C. If a federal grant, comply with all federal procurement standards in 2 CFR § 200.318
including to those listed below.
1. The City (Non-Federal entity) must use its own documented procurement procedures,
which reflect applicable State, local, and tribal laws and regulations, provided that the
procurements conform to applicable Federal law and the standards identified in this
part.
2. Non-Federal entities must maintain oversight to ensure that contractors perform in
accordance with the terms, conditions, and specifications of their contracts or purchase
orders.
3. Conflict of Interest: No employee, officer, or agent may participate in selecting,
awarding, or administering a contract supported by a Federal award if they have an
actual, apparent conflict of interest. A conflict of interest arises when the employee,
officer, agent, or any member of their immediate family, their partner, or an organization
that employs or is about to employ any of the parties indicated has a financial or other
interest or a tangible personal benefit from a firm considered for a contract. The
officers, employees, and agents of the non-Federal entity may neither solicit nor
accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts.
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Item 10.
Section 9: MISCELLANEOUS GUIDELINES
9.1 BID PROTESTS
All protests regarding the bid solicitation process must be submitted in writing to the Chief Financial
Officer within five (5) working days following the opening of bids. This includes all protests relating to
advertising, deadlines, bid opening, and other related procedures under the Texas Local Government
Code and protests relating to alleged improprieties or ambiguities in the specifications.
9.2 DEBRIEFING
Debriefings and requests for information shall be in accordance with Texas Government Code, §552
Texas Public Information Act.
Discussion of competing proposals is prohibited.
9.3 NEW VENDORS
All new vendors are required to submit a completed vendor packet.
9.4 DISCRIMINATION
It is the policy of the City of Sanger to afford all suppliers an equal opportunity to bid on any contract.
This policy prohibits discrimination against any person because of race, color, sex, religious affiliation,
age, disability, or national origin, in the award or performance of any contract.
The policy requires its officers, employees, agents, and sub-contractors to adhere to this policy.
9.5 PLACING ORDERS
Funds must be available and in the proper account before submission of requisition and before use of
a purchasing card.
9.6 QUOTES - FREIGHT CHARGES AND FEES
Include freight costs and fees in the total price when obtaining quotes. Freight and fees must be
considered in determining the award.
All freight should be requested as FOB Destination (delivery address) freight pre-paid and allowed.
9.7 PURCHASING ORDERS
Purchase orders are required before placing the order and sent to the vendor when the order is
placed.
A purchase order is required for any purchase not made on a City-issued credit card.
In extenuating circumstances, a purchase order may not be required. All exceptions will be reviewed
and approved by both the Chief Financial Officer and the Chief Financial Officer.
Purchasing Policy & Procedures Manual 35 138
Item 10.
9.8 INVOICES
All invoices must be submitted to Accounts Payable within five days of receipt and include the
following information
A. Receiving information (received in full / received partial)
B. Signature of department representative
C. PO Number
The authorized purchaser is responsible for verifying that all materials/services are received in
working order and meet specifications. Once materials/services are received and verified as correct,
indicate receipt of materials on the invoice by noting “received in full” or “received partial” for each line
item on the Purchase Order.
A. Notify the vendor immediately if the quantity received does not agree with the vendor’s
packing slip or the material does not conform to specification.
9.9 REVOLVING CREDIT ACCOUNTS
Credit accounts are available for the end user’s use; however, they may only be opened or closed by
Finance.
9.10 SALES TAX EXEMPTION
The City is exempt from sales, excise, and use taxes under Texas Tax Code, § 151.309. End users
are responsible for ensuring tax is not paid.
The City is NOT exempt from sales tax for food, lodging, or transportation-related purchases during
travel.
9.11 TIE BIDS
If all factors and conditions relating to the bids are equal, the tie bid will be awarded to the local
vendor.
9.12 VENDOR PERFORMANCE
The City does not have centralized receiving. Departments are responsible for receiving of goods and
services. Departments must document in writing items such as shortages, la te delivery, or damaged
merchandise.
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Item 10.
9.13 NON-PERFORMING VENDORS
When a vendor fails to perform according to the Agreement (Purchase Order, Annual Agreement,
Contract, and/or Specification), the Department Director or designee will:
A. Document the issues in writing to the vendor and to Purchasing.
B. Schedule a meeting to discuss the issues.
C. Document the resolution to the issue, as agreed upon by the department and the vendor.
Documentation shall be in writing, signed by the department and the vendor.
If a vendor’s performance remains non-compliant or otherwise unsatisfactory, the Department
Director in conjunction with the City Manager will make a joint determination to cancel the contract in
accordance with the terms and conditions of the agreement.
9.14 Prompt Payment Act
Department shall ensure Purchase Orders, invoices, and the appropriate documentation is submitted
to Finance within five (5) days, Invoices are to be paid no later than net 30 days.
Texas Government Code Chapter 2251 stipulates that all local governments shall pay for goods and
services within thirty (30) days of the delivery or invoice date or interest is automatically imposed.
Purchasing Policy & Procedures Manual 37 140
Item 10.
CITY COUNCIL COMMUNICATION
DATE: October 16, 023
FROM: Alina Ciocan, Assistant City Manager
AGENDA ITEM: Consideration and Possible Action on Ordinance 10-29-23 delegating purchasing
authority to the City Manager in accordance with the City Charter and the City’s
Purchasing and Procedures Manual.
SUMMARY:
The intent of this Ordinance is to outline the City Manager’s purchasing authority.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Staff recommends approval.
ATTACHMENTS:
Ordinance 10-29-23
141
Item 11.
Ordinance – Delegation on Purchasing Authority
Page 1 of 2
CITY OF SANGER, TEXAS
ORDINANCE 10-29-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, DELEGATING PURCHASING AUTHORITY TO THE CITY
MANAGER IN ACCORDANCE WITH THE CITY CHARTER AND THE CITY’S
PURCHASING POLICY AND PROCEDURES MANUAL; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING A
SAVINGS CLAUSE; AUTHORIZING PUBLICATION; 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, On October 16, 2023, the City Council approved Resolution No. 2023-15
to adopt a Purchasing Policy and Procedures Manual;
WHEREAS, the City Council intends to authorize the City Manager to contract for goods,
services, and projects as previously approved by Ordinance No. 08-19-23 and further outlined in
the City’s Purchasing Policy and Procedures Manual adopted on October 16, 2023; and
WHEREAS, the City Council finds that the passage of this Ordinance 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 City Manager is authorized to sign contracts under $50,000 for services
and projects authorized in the budget as well as contracts of any amount when authorized by the
City Council.
SECTION 2. That the City Council delegates to the City Manager further purchasing authority
as outlined in the City’s Purchasing Policy and Procedures Manual adopted by City Council on
October 16, 2023.
SECTION 2. 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 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
142
Item 11.
Ordinance – Delegation on Purchasing Authority
Page 2 of 2
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. 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 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 case provides.
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
16th day of October 2023.
APPROVED:
________________________________
ATTEST: Thomas E. Muir, Mayor
________________________________ APPROVED TO FORM:
Kelly Edwards, City Secretary
________________________________
Hugh Coleman, City Attorney
143
Item 11.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Ramie Hammonds
AGENDA ITEM: Conduct a public hearing on a request for a variance from Chapter 3 Building
Regulations – Article 3.1407.b.2.A, to allow a variance from the maximum 150
square feet of sign per and allow for a maximum of 225 square feet per side.
The proposed sign will be located at 1405 N Stemmons.
SUMMARY:
The City’s current ordinance does not allow pole signs along I-35 with a size greater than 150 square
feet per side.
The applicant is requesting a pole sign size of 225 square feet per side.
The sign would be for the new Glen Polk Auto Complex that will be located at 1405 N Stemmons
Frwy.
The raising and widening of I-35 will make it more difficult to see the business.
Staff mailed out 10 public hearing notices to owners of properties within 200 feet of the subject
property and received one response opposed.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
N/A
ATTACHMENTS:
Location Map
144
Item 12.
563634
563634
60301
216794
112945
60296
970264
960020
114830
113124
84585
563636
113125
1022757
203993
74854122791122797111370122794
1009872
Denton CAD Web Map
Parcels
Roads
9/14/2023, 2:17:34 PM 0 0.06 0.120.03 mi
0 0.1 0.20.05 km
1:4,514
Denton County Appraisal District, Harris Govern -- www.harrisgovern.com
This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.
145
Item 12.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Ramie Hammonds
AGENDA ITEM: Consideration and possible action on a request for a variance from Chapter 3
Building Regulations – Article 3.1407.b.2.A, to allow a variance from the
maximum 150 square feet of sign per and allow for a maximum of 225 square
feet per side. The proposed sign will be located at 1405 N Stemmons.
SUMMARY:
The City’s current ordinance does not allow pole signs along I-35 with a size greater than 150 square
feet per side.
The applicant is requesting a pole sign size of 225 square feet per side.
The sign would be for the new Glen Polk Auto Complex that will be located at 1405 N Stemmons
Frwy.
The raising and widening of I-35 will make it more difficult to see the business.
Staff mailed out 10 public hearing notices to owners of properties within 200 feet of the subject
property and received one response opposed.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Staff recommends APPROVAL.
ATTACHMENTS:
Location Map
Application
Letter of Intent
Site Plan
Sign Diagram
Response Form – Opposed
146
Item 13.
563634
563634
60301
216794
112945
60296
970264
960020
114830
113124
84585
563636
113125
1022757
203993
74854122791122797111370122794
1009872
Denton CAD Web Map
Parcels
Roads
9/14/2023, 2:17:34 PM 0 0.06 0.120.03 mi
0 0.1 0.20.05 km
1:4,514
Denton County Appraisal District, Harris Govern -- www.harrisgovern.com
This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.
147
Item 13.
148
Item 13.
149
Item 13.
150
Item 13.
151
Item 13.
152
Item 13.
CITY COUNCIL COMMUNICATION
DATE: October 2, 2023
FROM: Ramie Hammonds, Development Services Director
AGENDA ITEM: Consideration and possible action on a Preliminary Plat of lots 1-12 Block A, Lots
1-7 Block B, Block C, and Open space lot 5x, 8x, 13x of Lakeside Estates
Addition, being 68.028 acres, located in the City of Sanger’s ETJ, and generally
located on the north side of McReynolds Road approximately 120 feet north east
of the intersection of McReynolds Road and FM 455.
SUMMARY:
The applicant is proposing to create 23 single-family lots and 3 open-space lots.
The lots will range in size from 2.0 acres to 3.08 acres.
The properties will be served with on-site septic and a well for water.
There is one existing house currently located on the site.
The property is located in the City of Sanger ETJ.
Planning & Zoning did not have a quorum, so no recommendation was made.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Staff recommends APPROVAL.
ATTACHMENTS:
Location Map
Preliminary Plat
Application
Letter of Intent
153
Item 14.
750730 750735
750729
167619
132517
746928
746922
746926
746924
0
59267
562094
528565
528567
59228
266029
216872
59245
530283
528568
528569
268911
698572
528571
528566
285221
59228
59206
Denton CAD Web Map
Parcels
Roads
7/6/2023, 11:42:59 AM 0 0.1 0.20.05 mi
0 0.2 0.40.1 km
1:9,028
Denton County Appraisal District, Harris Govern -- www.harrisgovern.com
This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.
154
Item 14.
City of Sanger
201 Bolivar / P.O Box 1729
Sanger, TX 76266
940-458-2059 (office) www.sangertexas.org Effective Date: 02/11/2020
201 Bolivar Street/PO Box 1729 * Sanger, TX 76266
940-458-2059(office) www.sangertexas.org
SUBDIVISION APPLICATION
Preliminary
Plat Minor
Plat
Final
Plat/Replat
Amended Plat
Vacating Plat
Conveyance
Plat
Applicant Owner (if different from applicant)
Name: Name:
Company: Company:
Address: Address
City, State, Zip: City, State, Zip:
Phone Phone:
Fax: Fax:
Email: Email:
Submittal Checklist
Pre-Application Conference (Date: / / )
One (1) Paper Copy of Plat (24”x36”, folded to 1/4 size)
Letter of Intent
Non-Refundable Application Fee (Check Payable to City of
Sanger)
Application Form (Signed by Owner)
Applicable Plat Checklist (Completed)
Additional Required Documents/Traffic & Drainage Studies etc.
One (1) PDF Copy of all Documents Provided on a CD/DVD or
Emailed to development@sangertexas.org
Supporting Materials (List if provided):
R Number(s):
Owner’s Signature Date
Applicant’s Signature Date
Office Use: Reviewed by Director of Development Services / /
X
Jeremy B. Nelson, PE
Kirkman Engineering, LLC
5200 State Highway 121
Colleyville, TX 76034
817-488-4960
N/A
jeremy.nelson@trustke.com
Ramesh Raavi
312-206-8673
ramesh@sr3systems.com
N/A
Austin Lands, LLC
803 W. Southlake Blvd. Suite 100
Southlake, TX 76092
04 03 2023
5/30/2023
X
X
X
X
X
X
X
X
06/05/2023
155
Item 14.
700
7
1
0
720
7306507
1
5
725
64
5
6
5
0
675
6
8
0
70
0
71
0
6
7
5
660
6
7
5
640
70
0
71
0
7
2
0
725
7
0
5
6
9
5
6
8
5
6
7
5
6
6
5
6
5
5
710
70
0
6
9
0
680
6
7
0
6
6
0
6
5
06506556
6
06656
7
0
6
7
5
6
8
5
695
7
0
5
715
710
700
690
68067067
0
685
680
6
7
5
670665
660
67
5
670
67
0
675
680
6
8
5
690
695
66
5
665
660
660
67
0
660
655
650
645
6
4
0
64
5
64
0
7
2
5
72
5
7
3
0
725
730
7
2
5
7
3
0
64
5
640
6
4
0
6
4
064564
5
650
655
65
5
65
5
6
6
0
66
5
6
7
0
6
6
56606
9
0
6
8
0
6
7
0
6
6
0
6
5
0
64
5
7
2
4
724
695
6
6
5
7
1
5
715
69
0
68
0
670
66
0
65
0
71
5
7
1
0
7
0
0
6
3
5
6
4
0
LOT 4, BLOCK A
SADAU ADDITION
CAB. X, SLIDE 959
P.R.D.C.T.
EX
O
H
E
EX
O
H
E
EX
O
H
E
EX
O
H
E
EX
O
H
E
PP
PP
CO
CO
CO
CO
COCO
CO
A
A
A
AA
EX OHE EX OHEPP
PP
F
.
M
.
4
5
5
(
N
O
R
O
W
D
O
C
U
M
E
N
T
A
T
I
O
N
F
O
U
N
D
)
BLOCK C
BLOCK B
BLOCK A
LOT 2
2.03 AC
88245.7 SF
FFE = 648.00
LOT 3
2.28 AC
99212.3 SF
FFE = 648.00
LOT 4
2.01 AC
87650.8 SF
FFE = 648.00
LOT 5
2.02 AC
87846.1 SF
FFE = 648.00
LOT 1
2.00 AC
87279.4 SF
FFE = 648.00
LOT 6
2.64 AC
114929.8 SF
FFE = 648.00
LOT 7
3.08 AC
133954.3 SF
LOT 10
2.00 AC
87138.7 SF
LOT 11
2.10 AC
91693.0 SF
LOT 12
2.06 AC
89597.4 SF
LOT 9
2.00 AC
87138.6 SF
LOT 4
2.00 AC
87291.8 SF
LOT 7
2.00 AC
87127.6 SF
LOT 6
2.00 AC
87162.8 SF
LOT 1
2.01 AC
87695.6 SF
LOT 4
2.01 AC
87573.7 SF
LOT 1
2.05 AC
89209.8 SF
LOT 3
2.14 AC
93435.9 SF
LOT 2
2.04 AC
88974.3 SF
LOT 13X
0.93 AC
40412.6 SF
LOT 8X
2.88 AC
125508.7 SF
LOT 5X
2.11 AC
91992.0 SF
LAKESIDE ESTATES
68.03 AC.
"TRACT 1"
ROGER HENNEN &
WIFE, CONNIE HENNEN
DOC.# 2008-11301
O.P.R.D.C.T.
CAUBLE ENTERPRISES
VOL. 694, PG. 577
D.R.D.C.T.
DHALIWAL
PARTNERS,
LTD.
DOC.#
2009-95156
O.P.R.D.C.T.
DHALIWAL
PARTNERS, LTD.
DOC.# 2009-95156
O.P.R.D.C.T.
UNITED STATES OF AMERICA
LAKE RAY ROBERTS
U.S.A. FEE TRACT 147
VOL. 5, PG. 727, U.S. COURT MINUTES
AS SHOWN ON CAB. X, SLIDE 959,
P.R.D.C.T.
LOT 1R, BLOCK A
SADAU ADDITION
DOC.# 2013-10
P.R.D.C.T.
LOT 2R, BLOCK A
SADAU ADDITION
DOC.# 2010-82
P.R.D.C.T.
LOT 3R, BLOCK A
SADAU ADDITION
DOC.# 2010-82
P.R.D.C.T.
LOT 5, BLOCK A
SADAU ADDITION
CAB. X, SLIDE 959
P.R.D.C.T.
LOT 6, BLOCK A
SADAU ADDITION
CAB. X, SLIDE 959
P.R.D.C.T.
LOT 7, BLOCK A
SADAU ADDITION
CAB. X, SLIDE 959
P.R.D.C.T.
LOT 8,
BLOCK A
SADAU
ADDITION
CAB. X,
SLIDE
959
P.R.D.C.T.
LOT 9,
BLOCK A
SADAU
ADDITION
CAB. X,
SLIDE
959
P.R.D.C.T.
SBRC
PROPERTIES, LLC
DOC.# 2014-91283
O.P.R.D.C.T.
NICHOLAS DEMORE & CATHARINE
DEMORE
DOC.# 2016-161119
O.P.R.D.C.T.
LOT 1, BLOCK A
SBRC ADDITION
DOC.# 2019-72,
P.R.D.C.T.
LOT 2R, BLOCK A
O'DELL ADDITION
DOC.# 2019-71,
P.R.D.C.T.
"TRACT 2"
ROGER HENNEN &
WIFE, CONNIE HENNEN
DOC.# 2008-11301
O.P.R.D.C.T.
CHINKO PLANTATIONS, LLC
DOC.# 2020-10250
O.P.R.D.C.T.
20' ELECTRIC EASEMENT
(CAB. X,SLIDE 959,
P.R.D.C.T.)
20' PUBLIC UTILITY EASEMENT
(CAB. X,SLIDE 959, P.R.D.C.T.)
CONC. MONUMENT
U.S.A.
5" WOOD POST
BEARS N65°E 1.29'
1/2" REBAR
"METROPLEX"
7" WOOD POST
BEARS N47°W 0.54'
1/2" REBAR
"H&N"
1/2" REBAR
(ILLEGIBLE)
100D NAIL IN
4" WOOD POST
BEARS S03°E 0.86'
PK
NAIL
PK
NAIL
PK
NAIL
PK
NAIL
1/2" REBAR
(ILLEGIBLE)
1/2" REBAR
WOOD POST
BEARS N49°E
1.01'
5" WOOD POST
BEARS S06°W 0.81'3" METAL POST
BEARS
S31°E 0.59'
3" METAL POST
BEARS S64°W
1.11'
3" METAL
POST
1/2"
REBAR
(ILLEGIBLE)
1/2" REBAR
(ILLEGIBLE)
1/2" REBAR
(ILLEGIBLE)
1/2"
REBAR1/2" REBAR
(ILLEGIBLE)
11" HACKBERRY
FENCE CORNER
BEARS S25°W 0.70'
T POST BEARS
N26°W 3.70'
3" METAL POST
BEARS S01°W 1.50'
POINT OF
BEGINNING
N: 7179568.7741
E: 2394056.6325
(NAD 83')
20
'
D
.
U
.
E
.
20' D.U.E.
20' D.U.E.
20' D.U.E.
20
'
D
.
U
.
E
.
50
'
B
U
I
L
D
L
I
N
E
ME
G
A
V
I
E
W
D
R
I
V
E
SUNRISE DRIVE
HILLSIDE DRIVE
60.0'
30.0'
60.0'
30.0'
30
.
0
'
60
.
0
'
30
.
0
'
6
0
.
0
'
EXISTING FOUR (4)
24" STORM DRAIN
CULVERTS
EXISTING FOUR (4)
24" STORM DRAIN
CULVERTS
EXISTING 12" STORM
DRAIN CULVERT
28.0'
28
.
0
'
28.0'
2
8
.
0
'
ELEC
ELEC
ELEC
PTPT
ELEC METER
ELEC
ELEC
FO
TELE
TELE
ELEC
ELEC
ICVICVICV
ICV
ICV
ICV
ICV
ICV
ICV
ICV
WM
ICV
ICV
ICVICV
ICVICV
GM
GV
TELE
ELEC BOX
ELEC BOX
APPROXIMATE AREA WITHIN THE 100
YEAR FLOOD PLAIN FEDERAL INSURANCE
ADMINISTRATION RATE MAP FOR DENTON
COUNTY, TEXAS AND INCORPORATED
AREAS, MAP NO. 481210230G, EFFECTIVE
DATE APRIL 18, 2011.
ZONE "AE"
10.0'
UTILITY ESMT
10.0'
UTILITY ESMT
20
.
0
'
UT
I
L
I
T
Y
E
S
M
T
20.0'
UTILITY E
S
M
T
10.0'
UTILITY
E
S
M
T
10.0
'
UTIL
I
T
Y
E
S
M
T
20.0'
UTILITY ESMT
14.0'
14.0'
14
.
0
'
PROP. CLUSTER
MAILBOX LOCATION
N88°53'46"E 1104.96'N88°56'51"E 706.65'N88°20'48"E 650.68'S11°58'16"E
167.26'
S61°06'38"E
201.89'
S
3
2
°
2
4
'
3
3
"
E
6
9
6
.
7
1
'
S1
2
°
2
3
'
0
6
"
W
28
3
.
0
5
'
N1
°
1
7
'
5
2
"
W
55
7
.
9
0
'
N89°48'23"W 547.06'
S88°52'40"W
91.01'
S72°31'56"W
228.19'
N13°45'44"W
98.90'
N88°41'53"E 666.82'
S1°17'52"E
1019.71'
S88°45'17"W 508.83'
ROW DEDICATION
(351516.62 SF, 8.07 AC.)
ROW
D
E
D
I
C
A
T
I
O
N
(35
1
5
1
6
.
6
2
S
F
,
8
.
0
7
A
C
.
)
RO
W
D
E
D
I
C
A
T
I
O
N
(3
5
1
5
1
6
.
6
2
S
F
,
8
.
0
7
A
C
.
)
30' FRONT SETBACK
30' FRONT SETBACK
30
'
F
R
O
N
T
S
E
T
B
A
C
K
3
0
'
F
R
O
N
T
S
E
T
B
A
C
K
15' SIDE SETBACK
15
'
S
I
D
E
S
E
T
B
A
C
K
MCREYNOLDS ROAD
(VARIABLE WIDTH ROW AS SHOWN
ON CAB. X, SLIDE 959, P.R.D.C.T.)
LOT 2
2.16 AC
93949.7 SFLOT 3
2.00 AC
87157.1 SF
LOT 5
2.00 AC
87221.0 SF
30' REAR SETBACK
3
0
'
R
E
A
R
S
E
T
B
A
C
K
15' SIDE SETBACK
15' SIDE SETBACK
30
'
R
E
A
R
S
E
T
B
A
C
K
14.0
'
28.0'
14.0'
N: 7182222.2378
E: 2393786.9195
(NAD 83')
100-YEAR
FLOODPLAIN LIMITS
FIRE ACCESS ROAD
EASEMENT
FIRE ACCESS
ROAD EASEMENT
20' SIDE
SETBACK
30' REAR SETBACK
30' REAR SETBACK
LOT 8
7.40 AC
322425.7 SF
20' D.U.E.
28.0'
14.0'
ELECTRIC LINE EASEMENT
AND RIGHT-OF-WAY
TO BE ABANDONED BY PLAT
ELECTRIC LINE EASEMENT
AND RIGHT-OF-WAY,
DOC. #2010-2661, O.P.R.D.C.T.
ICV
ICV
ICVICVICV
S88°41'03"W 579.63'
S88°08'48"W 742.21'
S88°08'48"W 743.08'
60.0'
60.0'
305.75
N0
1
°
0
6
'
1
4
"
W
28
5
.
0
0
290.52 15.23
S0
1
°
0
6
'
1
4
"
E
28
4
.
9
9
305.75
N0
1
°
0
6
'
1
4
"
W
28
5
.
0
0
305.75
C3
N
2
3
°
0
5
'
1
7
"
W
3
0
2
.
9
9
379.66
10.27222.23
C4
211.50
N0
0
°
3
7
'
3
7
"
W
45
6
.
9
4
129.03
C2
C1
10
1
.
5
4
99.72
690.19
15.30
1
2
0
.
9
9
5
8
.
7
9
8
1
.
4
4
22
6
.
4
4
23
.
9
7
26.24
S88°53'46"W
411.29
13.90
72
.
2
1
C
5
33.53
1.23 229.41
4
0
5
.
6
2
C9
108
.
3
1
C8
C10
421.27
9
9
.
6
9
383
.
2
2
C
1
1
6
7
.
5
7
20
1
.
8
9
1
0
3
.
6
1
405.21
6
1
.
6
8
1
1
0
.
8
1
2
8
0
.
0
6
423.56C
1
4
C
1
5
2
5
8
.
2
0
547.30
13
0
.
7
4
15
7
.
0
0
5
4
.
8
3
11
3
.
2
7
548.98
16
5
.
0
0
16
9
.
7
8
32
2
.
3
0
S88°41'03"W
289.75
29
0
.
6
4
32
.
0
0
289.75
13
0
.
7
3
31
5
.
4
8
54.9
7
C12
S41°49'23"E
172.49
C
3
1
53.3
5
0.09
324.14
1
1
1
.
5
9
C20
88
.
8
4
14.
1
4
87.08
C7
1
6
6
.
5
1
S88°41'03"W
290.49
89
.
4
2
C21
S88°08'48"W
408.72N0
1
°
0
6
'
1
4
"
W
15
6
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5
6
C16
27.19
N88°53'46"E
328.90
C
2
2
N01°06'14"W
275.95
14.
3
9
N88°53'46"E
277.45
1
4
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1
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88
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4
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2
3
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1
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1
7
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5
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28
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4
9
N88°36'47"E
312.59
C18
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1
9
S88°08'48"W
333.49
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1
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1
7
'
5
2
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26
5
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7
4
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329.04
S01°06'14"E
255.94
C17
24
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2
N88°53'46"E
245.33
C
6
12
6
.
5
8
6.
6
7
36.83
24
6
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6
9
N88°53'46"E
356.70
S88°08'48"W
356.73
24
2
.
2
2
12.76
N88°53'46"E
341.68
S88°08'48"W
349.51
N0
1
°
1
4
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5
4
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W
1
5
2
9
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2
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5
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S88° 15' 42"W 120.00'
S46° 33' 46"E 84.59'
S88° 08' 46"W 60.00'S88° 40' 15"W 60.05'
1
2
6
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7
2
90
.
0
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1
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3
8
FIRE ACCESS
ROAD EASEMENT
70
.
0
'
11
7
.
1
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SURVEYED LOCATIONS OF
FENCING ALONG FM455
AND MCREYNOLDS ROAD
SURVEYED LOCATIONS
OF FENCING ALONG
MCREYNOLDS ROAD
20' D.U.E.20' D.U.E.
20' D.U.E.
20
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D
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20' D.U.E.
20' D.U.E.
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20' D.U.E.20' D.U.E.20' D.U.E.20' D.U.E.20' D.U.E.20' D.U.E.
100' DRAINAGE AND
DETENTION POND
EASMENT
VARIABLE WIDTH
DRAINAGE AND
DETENTION POND
EASEMENT
20
'
D
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VARIABLE WIDTH
DRAINAGE
EASEMENT
VARIABLE WIDTH
DRAINAGE EASEMENT
SHEET 1 OF 2
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AUSTIN LANDS,
LLC
803 W SOUTHLAKE BLVD, SUITE 100
SOUTHLAKE, TX 76092
312-206-8673
SHEET:
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KIRKMAN ENGINEERING, LLC
5200 STATE HIGHWAY 121
COLLEYVILLE, TX 76034
TEXAS FIRM NO. 15874
JOB NUMBER:
ISSUE DATE:
SR322002
09/22/2023
E N G I N E E R I N G
P R E L I M I N A R Y
F O R R E V I E W O N L Y
T H E S E D O C UME N T S A R E F O R
D E S I G N R E V I E W O N L Y A N D
N O T I N T E N D E D F O R T H E
PURPOSES OF CONSTRUCTION,
B I D D I N G O R P E R M I T . T H E Y
W E R E P R E P A R E D B Y , O R
UNDE R THE S UP ER VI S IO N OF :
P.E.# 138740
JEREMY B. NELSON
DATE: 09/22/2023
GRAPHIC SCALE
FEET0300150
SCALE: 1" = 150'
PRELIMINARY PLAT
LAKESIDE ESTATES
LOTS 1-12, BLOCK A, LOTS 1-4, BLOCK B, LOTS 1-7, BLOCK C,
OPEN SPACE LOTS 5X, 8X, 13X
23 SINGLE FAMILY LOTS AND 3 OPEN SPACE LOTS BEING TRACT OF LAND
IN THE C. MANCHACA SURVEY, ABSTRACT NO. 790, IN DENTON COUNTY, TEXAS
AUSTIN LANDS, LLC
OFFICIAL PUBLIC RECORDS DENTON COUNTY, TEXAS
AN ADDITION TO DENTON COUNTY, TEXAS
BEING 68.028 ACRES
GROSS 68.028 ACRES
NET 59.958 ACRES
ROW DEDICATION 8.070 ACRES
DATE OF PREPARATION: 09/22/2023
LEGEND
DRAINAGE &
UTILITY EASEMENT
BUILDING
SETBACK LINE
EASEMENT LINE
PROPOSED FIRE
HYDRANT
EXISTING
CONTOUR
EXISTING
MAJOR CONTOUR
PROPERTY
BOUNDARY
PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY:
The following certificates shall be placed on the preliminary plat by the
subdivider: Approved for Preparation of Final Plat
__________________________ ______________________
City of Sanger, TX Date
Planning & Zoning Commission
ENGINEER:
KIRKMAN ENGINEERING
JEREMY NELSON
5200 STATE HIGHWAY 121
COLLEYVILLE, TX 76034
817.488.4960
JEREMY.NELSON@TRUSTKE.COM
SURVEYOR:
BARTON CHAPA SURVEYING, LLC
JOHN H. BARTON, III, RPLS #6737
5200 STATE HIGHWAY 121
COLLEYVILLE, TX 76034
817.864.1957
JACK@BCSDFW.COM
PRELIMINARY
PLAT
VICINITY MAP
N.T.S.
LAKE RAY
ROBERTS
McREYNOLDS ROAD
F.
M
.
45
5
E
F.M.2153
F
.
M
.
2
1
6
4
McREYNOLDS ROAD
F
.
M
.
4
5
5
E
PROJECT SITE
OWNER/DEVELOPER:
AUSTIN LANDS, LLC
803 W SOUTHLAKE BLVD, SUITE 100
SOUTHLAKE, TX 76092
RAMESH RAAVI
312.206.8673
RAMESH@SR3SYSTEMS.COM
D.U.E.
FH
500
PRELIMINARY PLAT GENERAL NOTES:
1.SANITARY SEWER TO BE HANDLED BY FACILITIES APPROVED BY THE DENTON
COUNTY PUBLIC HEALTH DEPARTMENT.
2.ALL UTILITY PROVIDERS' NAMES, ADDRESSES AND PHONE NUMBERS OR WILL
SERVE LETTERS.
3.ALL SURFACE DRAINAGE EASEMENTS SHALL BE KEPT CLEAR OF FENCES,
BUILDINGS, FOUNDATIONS, PLANTINGS, AND OTHER OBSTRUCTIONS TO THE
OPERATION AND MAINTENANCE OF THE DRAINAGE FACILITY.
4.NO CONSTRUCTION, WITHOUT WRITTEN APPROVAL FROM DENTON COUNTY
SHALL BE ALLOWED WITHIN AN IDENTIFIED "FIRM" FLOODPLAIN AREA, AND THEN
ONLY AFTER A DETAILED FLOODPLAIN DEVELOPMENT PERMIT INCLUDING
ENGINEERING PLANS AND STUDIES SHOWING THE DEVELOPMENT WILL NOT
INCREASE THE BASE FLOOD ELEVATION (BFE) MORE THAN ONE FOOT IN THE
FLOODPLAIN OR IN THE FLOODWAY NO RISE IN THE BASE FLOOD ELEVATION
(BFE) WILL RESULT; THAT NO FLOODING WILL RESULT, THAT NO OBSTRUCTION
TO THE NATURAL FLOW OF WATER WILL RESULT; AND SUBJECT TO ALL OWNERS
OF THE PROPERTY AFFECTED BY SUCH CONSTRUCTION BECOMING A PARTY TO
THE REQUEST. WHERE CONSTRUCTION IS PERMITTED, ALL FINISH FLOOR
ELEVATIONS SHALL BE A MINIMUM OF TWO-FOOT ABOVE THE 100-YEAR FLOOD
ELEVATION.
5.BLOCKING THE FLOW OF WATER OR CONSTRUCTION IMPROVEMENTS IN
SURFACE DRAINAGE EASEMENTS, AND FILLING OR OBSTRUCTING THE
FLOODWAY IS PROHIBITED.
6.DENTON COUNTY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, PERSONAL
INJURY OR LOSS OF LIFE OR PROPERTY OCCASIONED BY FLOODING OR
FLOODING CONDITIONS.
7.THE EXISTING CREEKS OR DRAINAGE CHANNELS TRAVERSING ALONG OR
ACROSS THE ADDITION WILL REMAIN AS OPEN CHANNELS AND WILL BE
MAINTAINED BY THE INDIVIDUAL PROPERTY OWNERS OF THE LOT OR LOTS
THAT ARE TRAVERSED BY OR ADJACENT TO THE DRAINAGE COURSES ALONG
OR ACROSS THE LOTS.
8.DENTON COUNTY SHALL NOT BE RESPONSIBLE FOR MAINTENANCE OF PRIVATE
STREETS, DRIVES, EMERGENCY ACCESS EASEMENTS, RECREATION AREAS AND
OPEN SPACES; AND THE OWNERS SHALL BE RESPONSIBLE FOR THE
MAINTENANCE OF PRIVATE STREETS, DRIVES, EMERGENCY ACCESS
EASEMENTS, RECREATION AREAS AND OPEN SPACES, AND SAID OWNERS
AGREE TO INDEMNIFY AND HOLD HARMLESS DENTON COUNTY, FROM ALL
CLAIMS, DAMAGES AND LOSSES ARISING OUT OF OR RESULTING FROM
PERFORMANCE OF THE OBLIGATIONS OF SAID OWNERS SET FORTH IN THIS
PARAGRAPH.
9.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS
NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD '83),
DISTANCES ARE SURFACE WITH A COMBINED SCALE FACTOR OF 1.00015063.
LAKE RAY ROBERTS PLANNING AND ZONING REQUIREMENTS:
THESE PROPERTIES ARE LOCATED WITHIN THE LAKE RAY ROBERTS LAND USE
ORDINANCE JURISDICTION AND ARE SUBJECT TO THE ORDINANCE. THIS PROPERTY
IS ZONED R-2.
1.MINIMUM LOT AREA - 2 ACRES
2.MINIMUM LOT WIDTH - 125 FEET
3.MINIMUM LOT DEPTH - 100 FEET
4.MINIMUM FRONT YARD - 30 FEET
5.MINIMUM SIDE YARD - 15 FEET (MINIMUM SIDE YARD AT CORNER - 20 FEET)
6.MINIMUM REAR YARD - 30 FEET
7.MAXIMUM HEIGHT - 35 FEET
8.MAXIMUM COVERAGE - 20 PERCENT
156
Item 14.
BLOCK TABLE
LOT
1
2
3
4
5
6
7
8
9
10
11
12
13X
BLOCK
BLOCK A
BLOCK A
BLOCK A
BLOCK A
BLOCK A
BLOCK A
BLOCK A
BLOCK A
BLOCK A
BLOCK A
BLOCK A
BLOCK A
BLOCK A
AREA (sf)
87279.40
88245.74
99212.26
87650.76
87846.06
114929.82
133954.27
322425.75
87138.65
87138.75
91693.01
89597.44
40412.58
AREA (ac.)
2.00
2.03
2.28
2.01
2.02
2.64
3.08
7.40
2.00
2.00
2.10
2.06
0.93
BLOCK TABLE
LOT
1
2
3
4
5X
BLOCK
BLOCK B
BLOCK B
BLOCK B
BLOCK B
BLOCK B
AREA (sf)
89209.84
88974.26
93435.92
87573.69
91992.04
AREA (ac.)
2.05
2.04
2.14
2.01
2.11
BLOCK TABLE
LOT
ROW DEDICATION
BLOCK
ROW DEDICATION
AREA (sf)
351551.07
AREA (ac.)
8.07
BLOCK TABLE
LOT
1
2
3
4
5
6
7
8X
BLOCK
BLOCK C
BLOCK C
BLOCK C
BLOCK C
BLOCK C
BLOCK C
BLOCK C
BLOCK C
AREA (sf)
87695.60
93949.65
87157.13
87291.83
87220.99
87162.76
87127.64
125508.74
AREA (ac.)
2.01
2.16
2.00
2.00
2.00
2.00
2.00
2.88
LOT CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C8
C9
C10
C11
C14
C15
LENGTH
2.27'
91.68'
32.30'
2.27'
283.30'
184.78'
43.26'
94.85'
73.94'
75.01'
56.00'
RADIUS
69.00'
50.00'
50.00'
69.00'
180.00'
260.00'
135.00'
135.00'
135.00'
185.00'
185.00'
DELTA
1°52'56"
105°03'37"
37°00'30"
1°52'56"
90°10'37"
40°43'08"
18°21'43"
40°15'27"
31°22'50"
23°13'57"
17°20'32"
CHORD BEARING
S0°26'45"E
S25°15'01"W
N83°42'55"W
S87°57'18"W
N46°11'32"W
S68°32'12"W
S57°21'29"W
S86°40'04"W
N57°30'47"W
N30°12'24"W
N9°55'10"W
CHORD DISTANCE
2.27'
79.37'
31.74'
2.27'
254.95'
180.91'
43.08'
92.92'
73.02'
74.50'
55.78'
ROAD CURVE TABLE
CURVE #LENGTH RADIUS DELTA CHORD BEARING CHORD DISTANCE
ROAD LINE DATA
LINE NUMBER LINE BEARING LINE LENGTH
SHEET 2 OF 2
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AUSTIN LANDS,
LLC
803 W SOUTHLAKE BLVD, SUITE 100
SOUTHLAKE, TX 76092
312-206-8673
SHEET:
RE
V
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DA
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KIRKMAN ENGINEERING, LLC
5200 STATE HIGHWAY 121
COLLEYVILLE, TX 76034
TEXAS FIRM NO. 15874
JOB NUMBER:
ISSUE DATE:
SR322002
09/22/2023
E N G I N E E R I N G
P R E L I M I N A R Y
F O R R E V I E W O N L Y
T H E S E D O C UME N T S A R E F O R
D E S I G N R E V I E W O N L Y A N D
N O T I N T E N D E D F O R T H E
PURPOSES OF CONSTRUCTION,
B I D D I N G O R P E R M I T . T H E Y
W E R E P R E P A R E D B Y , O R
UNDE R THE S UP ER VI S IO N OF :
P.E.# 138740
JEREMY B. NELSON
DATE: 09/22/2023
PRELIMINARY
PLAT
STATE OF TEXAS )
COUNTY OF ________________) OWNER'S ACKNOWLEDGEMENT AND DEDICATION
I (we) the undersigned, owner(s) of the land shown on this plat within the area described by metes and
bounds as follows:
(Metes and Bounds Description of Boundary)
and designated herein as the __________________________ subdivision to the City of Sanger, Texas, and
whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, water
courses, drains, easements, right-of-way and public places thereon shown for the purpose and consideration
therein expressed.
______________________________________
Owner
STATE OF TEXAS )
COUNTY OF ________________)
BEFORE ME, the undersigned authority, on this day personally appeared ________________________,
known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and considerations therein stated.
Given under may hand and seal of office this __________ day of _________.
______________________________________
Notary Public _______________ County, Texas
STATE OF TEXAS ) CERTIFICATE OF SURVEYOR OR ENGINEER
COUNTY OF ________________) WHO PREPARED PLAT
I, the undersigned, a (registered professional engineer/public surveyor) in the State of Texas, hereby certify
that this plat is true and correct and was prepared from an actual survey of the property made under my
supervision on the ground.
(Engineer or
Surveyor's Seal)
______________________________________
Registered Professional Engineer or
Registered Public Surveyor
LEGAL DESCRIPTION
(68.028 ACRES)
BEING a tract of land out of the C. Manchaca Survey, Abstract Number 790, in Denton County, Texas, and being all of
“Tract 1” and “Tract 2” of that tract of land described by deed to Ryan G. Williams and Amber N. Williams as recorded under
Document Number 2017-151962, Official Public Records, Denton County, Texas, (O.P.R.D.C.T.), the subject tract being
more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas
North Central Zone (4202) North American Datum of 1983 (NAD 83')):
BEGINNING at a 1/2 inch rebar with an illegible cap for the southernmost southwest corner of said “Tract 1” and the herein
described tract;
THENCE with the perimeter and to the corners of said Tract 1, the following calls:
1.North 01 degrees 23 minutes 13 seconds West, a distance of 2,154.80 feet to a 3 inch metal fence corner post found;
2.North 89 degrees 48 minutes 23 seconds West, a distance of 547.06 feet to a 1/2 inch rebar found;
3.South 88 degrees 52 minutes 40 seconds West, a distance of 91.01 feet to a 1/2 inch rebar with an illegible cap found;
4.South 72 degrees 31 minutes 56 seconds West, a distance of 228.19 feet to a point from which an 11 inch hackberry
serving as a corner for a wire fence bears South 25 degrees West, a distance of 0.70 feet;
5.North 13 degrees 45 minutes 44 seconds West, a distance of 98.90 feet to a point from which a T-post fence corner
found bears North 26 degrees West, a distance of 3.70 feet;
6.North 88 degrees 41 minutes 53 seconds East, a distance of 666.82 feet to a point from which a 3 inch metal fence
corner post found bears South 64 degrees West, a distance of 1.11 feet;
7.North 00 degrees 37 minutes 37 seconds West, a distance of 456.94 feet to a point from which a 3 inch metal fence
corner post found bears South 01 degrees West, a distance of 1.50 feet;
8.North 88 degrees 53 minutes 46 seconds East, a distance of 1,104.96 feet;
9.North 88 degrees 56 minutes 51 seconds East, a distance of 706.65 feet to a point for the northeast corner of said
“Tract 1”, same being the northwest corner of said “Tract 2”;
THENCE with the perimeter and to the corners of said “Tract 2”, the following calls:
1.North 88 degrees 20 minutes 48 seconds East, a distance of 650.68 feet to a United State Army Corp of Engineers
concrete monument found;
2.South 11 degrees 58 minutes 16 seconds East, a distance of 167.26 feet to point from which a 5 inch wood post found
bears North 65 degrees East, a distance of 1.29 feet;
3.South 61 degrees 06 minutes 38 seconds East, a distance of 201.89 feet to a 1/2 inch rebar with cap stamped,
“METROPLEX” found;
4.South 32 degrees 24 minutes 33 seconds East, a distance of 696.71 feet to a point from which a 7 inch wood post
found bears North 47 degrees West, a distance of 0.54 feet;
5.South 12 degrees 23 minutes 06 seconds West, a distance of 283.05 feet to a 1/2 inch rebar with cap stamped, “H&N”
found;
6.South 88 degrees 45 minutes 17 seconds West, a distance of 508.83 feet to a point from which a nail found in a 4 inch
wood post bears South 03 degrees East, a distance of 0.86 feet;
7.South 01 degrees 14 minutes 43 seconds East, a distance of 1,529.72 feet to a “PK” nail found in asphalt;
8.South 88 degrees 40 minutes 15 seconds West, a distance of 60.05 feet to a “PK” nail found in asphalt;
9.North 01 degrees 14 minutes 54 seconds West, a distance of 1,529.52 feet to a 1/2 inch rebar with an illegible cap
found;
10.South 88 degrees 41 minutes 03 seconds West, a distance of 579.63 feet to a 1/2 inch rebar with an illegible cap
found for the westernmost southwest corner of said “Tract 2”, same being a re-entrant corner of said “Tract 1”;
THENCE with the perimeter and to the corners of said “Tract 1”, the following calls:
1.South 01 degrees 13 minutes 43 seconds East, a distance of 508.75 feet to a 1/2 inch rebar found;
2.South 01 degrees 17 minutes 52 seconds East, a distance of 1,019.71 feet to a “PK” nail found in asphalt;
3.South 88 degrees 08 minutes 46 seconds West, a distance of 60.00 feet to a “PK” nail found in asphalt;
4.North 01 degrees 17 minutes 52 seconds West, a distance of 1,528.45 feet to a 1/2 inch rebar found;
5.South 88 degrees 08 minutes 48 seconds West, a distance of 742.21 feet to a point from which a wood post found
bears North 49 degrees East, a distance of 1.01 feet;
6.North 01 degrees 17 minutes 52 seconds West, a distance of 557.90 feet to a point from which a 5 inch wood post
found bears South 06 degrees West, a distance of 0.81 feet;
7.South 88 degrees 08 minutes 48 seconds West, a distance of 743.08 feet to a point from which a 3 inch metal post
found bears South 31 degrees East, a distance of 0.59 feet;
8.South 01 degrees 23 minutes 13 seconds East, a distance of 2,001.67 feet to a 1/2 inch rebar with an illegible cap
found;
9.South 46 degrees 33 minutes 46 seconds East, a distance of 84.59 feet to a 1/2 inch rebar with an illegible cap found;
10.South 88 degrees 15 minutes 42 seconds West, a distance of 120.00 feet, returning to the POINT OF BEGINNING
and enclosing 68.028 acres (2,963,298 square feet) of land, more or less.
PRELIMINARY PLAT
LAKESIDE ESTATES
LOTS 1-12, BLOCK A, LOTS 1-4, BLOCK B, LOTS 1-7, BLOCK C,
OPEN SPACE LOTS 5X, 8X, 13X
23 SINGLE FAMILY LOTS AND 3 OPEN SPACE LOTS BEING TRACT OF LAND
IN THE C. MANCHACA SURVEY, ABSTRACT NO. 790, IN DENTON COUNTY, TEXAS
AUSTIN LANDS, LLC
OFFICIAL PUBLIC RECORDS DENTON COUNTY, TEXAS
AN ADDITION TO DENTON COUNTY, TEXAS
BEING 68.028 ACRES
GROSS 68.028 ACRES
NET 59.958 ACRES
ROW DEDICATION 8.070 ACRES
DATE OF PREPARATION: 09/22/2023
PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY:
The following certificates shall be placed on the preliminary plat by the
subdivider: Approved for Preparation of Final Plat
__________________________ ______________________
City of Sanger, TX Date
Planning & Zoning Commission
157
Item 14.
KIRKMAN ENGINEERING :: 5200 State Hwy 121 Colleyville, TX 76034 Ph: 817-488-4960 :: TBPE Firm#15874
Page 1 of 1
Kirkman Engineering
5200 State Highway 121
Colleyville, TX 76034
PH 817.488.4960
Ramie Hammonds
Director/Building Official
City of Sanger Development Services
201 Bolivar Street
Sanger, TX 76266
June 5, 2023
RE: Lakeside Estates Preliminary Plat Letter of Intent
Dear Mr. Hammonds,
Please let this document serve as the letter of intent for the Lakeside Estates preliminary plat submittal.
The proposed development is located on a 68.028-acre tract of land near the intersection of F.M. 455
and McReynolds Road and comprises of 23 single family lots along with 3 open space lots. The tract of
land is situated in the C. Manchaca Survey, Abstract #790 Denton County, Texas. The subdivider of this
development is Austin Lands, LLC located at 803 W Southlake Boulevard, Suite 100, Southlake, Texas
76092. Kirkman Engineering will serve as the designated point of contact for future correspondence.
We request that the preliminary plat be reviewed and considered by the appropriate approval body.
Thank you,
Jeremy Nelson, P.E.
Jeremy.nelson@trustke.com
(817)488-4960
158
Item 14.
CITY COUNCIL COMMUNICATION
DATE: October 16, 2023
FROM: Clayton Gray, Chief Financial Officer
AGENDA ITEM: Consideration and possible action to select Republic Services for solid waste and
recycling services and authorizing the City Manager to negotiate a possible
contract with Republic Services.
SUMMARY:
On September 5, 2023, the City Council authorized staff to issue a Request for Proposals for Solid
Waste and Recycling Services for a five-year period beginning January 1, 2024.
Five proposals were received in response to the RFP.
Staff has evaluated the responses per the criteria established in the RFP.
FISCAL INFORMATION:
Budgeted: N/A Amount: N/A GL Account: N/A
RECOMMENDED MOTION OR ACTION:
Staff recommends approval of Republic Services to provide solid waste and recycling services to the
City.
ATTACHMENTS:
N/A
159
Item 15.
160
Item 16.
161
Item 16.