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10/06/1997-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, OCTOBER 6, 1997 7:00 P.M. 201 BOLIVAR 1. an Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes b) Disbursements 3. Citizen's Input. 4. Consider and Possible Action Regarding Changes to the Code of Ordinances Section 26 Use of Land and Buildings. 3. Consider and Possible Action on Awarding Bid for Two (2) New Trucks. 6. Consider and Possible Action Regarding Contract far Professional Services for Engineering Consulting Services. 'l. Consider and Possible Action Regarding Interlocal Cooperation Agreement for Library Services with Denton County for 19974998 Fiscal Year. 8. Consider and Possible Action Approving Resolution No. R07-97 Regarding Denton Central Appraisal Districts Proposed Expansion and Renovation. 9. Consider and Possible Action Regarding Building Permits. :10. Consider and Possible Action to Approve Ordinance No. 11-97 Regarding Water/Sewer Deposit. :11. Consider and Possible Action to Approve Ordinance No. 12-97 Regarding Electric Deposit. :12. Consider and Possible Action to Approve Ordinance No.13-97 Regarding Tampering Fee. 13. Consider and Possible Action to Approve Ordinance No. 14-97 Regarding Utility Reconnect Fees. 14. Consider and Possible Action to Approve Ordinance No. 15-97 Regarding Electric Service Connections. :IS. Any Other Such 16. Adjourn. Chavez, City Date and Time Posted IVIiNL1TES: City Council September 15, 1997 PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman Alice Madden, Councilman Mike James, Councilman Jimmy Frazier, Councilman Jerry Jenkins OTHERS PRESENT: City Administrator Larry Keesler, City Secretary Rosalie Chavez, Electric Superintendent Jeff Morris, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, City Mechanic Tommy Belcher, Prentice Preston, Craig Waggoner, Curt Trimble, Donna Fritz, Lisa Hardy - Courier 1. Mayor Coker Called the Meeting to Order. Councilman Kincaid led the Invocation, followed by Councilman Jenkins leading the Pledge of Allegiance. CONSENT AGENDA a) Approve Minutes b) Disbursements Motion was made by Councilman Jenkins to Approve Consent Agenda. Seconded by Councilman Kincaid. Motion Carried unanimously. Citizen's Input. 4. Conduct Public Hearing Regarding Preliminary Plat for N.L. Hobbs Addition, Lots Bebee Survey, Abstract No. 29. Mayor Coker Declared Public Hearing Opened. City Administrator Larry Keesler addressed this item. Mr. Keesler indicated that this item was on the agenda at the last Council meeting and at that time it was tabled. The issue addressed at that time was the service of water and wastewater utilities to this area. Mr. Keesler informed Council that since that time he has learned that this property is dual certified with Bolivar Water and the City of Sanger and they could have gone either way for utilities service. Mr. Keesler advised all of the City's CCN's were dually certified with Bolivar Water up to recently when the City got the amendment from TNRCC. CC MINUTES 09/15/97 Bolivar Water had already promised to- service that area a few months back and failed to note it on the map. They are now requesting that it be taken out of dual certification to allow them to service the property. They have also agreed to give us additional area to service if the City agrees to compromise and allow them to service this particular property. Mayor Coker Declared Public Hearing Clased. 5. Consider and Possible Action Regarding Preliminary Plat for N.L. Hobbs Addition, Lots 1 - 5, Block A, R. Bebee Survey, Abstract No. 29. Motion was made by Councilman Jenkins to accept the Planning and Zoning Commission's recommendation to Approve the Preliminary Plat for N.L. Hobbs Addition, Lots 1-5, Block A, R. Bebee Survey, Abstract No. 29. Seconded by Councilwoman Madden. Motion Carried unanimously. (6)11. Consider and Possible Action to Award Bid for City of Sanger Employees Health Insurance. Curt Trimble, Health Care Agent for the City for the past 10 years, addressed this item. Discussion included the different bids received, the stability of the companies, cost to the City, and the benefits to the employees. Mr. Trimble indicated that he and staff reviewed the plans and had also met with some of the representatives. After reviewing the plan, Curt recommended the City go with the Pacific Care HMO. It is a very stable company financially, and it is the third largest HMO in the nation. The network for medical doctors is excellent. Mr. Trimble indicated that Dr. Perry is also in the network. This plan would cost the City $60.00 less per employee and the savings this next budget year would be about $23,000. This plan will accept the group without medical questions being asked. Mayor Coker asked if the insurance plan could contact Dr. Bittle to see if he would like to be on the plan. Mr. Trimble indicated it would take about 90 days to get him on the network, however, it is the physician's responsibility to complete the paperwork. Mr. Trimble indicated he would make sure Dr. Bittle is contacted. Motion was made by Councilman Kincaid to Accept the Insurance Plan Recommended (Pacific Care -HMO Plan). Seconded by Councilman Jenkins. Motion Carried unanimously. PAGE 3 (7)6. Conduct Public Hearing Regarding City of Sanger FY 97/98 Budget. Mayor Coker Declared Public Hearing Opened. Mr. Keesler addressed this item, and basically the budget includes new computer system, new phone system, police car and radar replacement, fire equipment, maintainer and a roller, painting Keaton water tower, new back hoe, and electrical improvements on loth Street. The taxes will go from .4813 to .4726 which reflects 0.25 for maintenance and operation, and 0.22 for I&S debt. The 5 % cost of living raise is in the budget as discussed. The contingency fund reflects a balance of $49,844.00 and does not reflect the $23,000.00 to $26,000.00 savings from the uisurance. Mayor Coker Declared Public Hearing Closed. (8)7. Consider and Possible Action Regarding Ordinance No. 07-97 Adopting Ordinance for FY 19974998 Operating Budget. Motion was made by Councilman Jenkins to Adapt Ordinance No. 07-97 Adopting FY 19974998 Budget. Seconded by Councilman Kincaid. CITY OF BANGER, TEXAS ORDINANCE NO. 07-97 II AAk11' 1 : 1 1' 1 ' EXAS FOR THE FISCAL YEAR BEGINNING OCTOBER1 R DEPARTMENT AND FUNDr, AND DECLARING DATE.FFECTIVE Motion Carried unanimously. Consider and Possible Action Regarding Adoption of Ordinance No. 08-97 for 1997/1998 City of Sanger Tax Rate. Motion was made by Councilman James to Adopt Ordinance No. 08-97 for 1997/1998 City of Sanger Tax Rate. Seconded by Councilman Jenkins. CC Ni[INU I EN 09/15/97 CITY OF SANGER, TEXAS ORDINANCE NO. 08=97 PAGE 4 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, LEVYING TAXES FOR THE USES AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SANGER, TEXAS FOR FISCAL YEAR BEGINNING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 19989 AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1997 AND APPROPRIATING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING PENALTY AND INTEREST FOR DELINQUENT TAXES; AND DECLARING AN EFFECTIVE DATE. Motion Carried unanimously. (10)9. Consider and Possible Action Regarding Adoption of Ordinance No. 09-97 Amending Commercial Sanitation Collection Fees. Motion was made by Councilman Kincaid to Adopt Ordinance No. 09-97 Amending Commercial Sanitation Collection Fees. Seconded by Councilman James. CITY OF SANGER, TEXAS ORDINANCE NO. 09-97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS AMENDING SOLID WASTE COLLECTION, SECTION 6.314, OF THE SANGER CODE OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion Carried unanimously. (11)lO.Consider and Possible Action Regarding Adoption of Ordinance No.10-97 Amending Large Commercial Electric Rate. Mr. Keesler addressed this item, and advised that the Chisum Trail Elementary School is dually certified for electricity. The City is working with the school in trying to keep their business by setting a rate specifically for the school district only. The rate reduction is 5 % and would place them almost at the same rate as Denton County Co -Op. Discussed. CC MINUTES 09/15/97 Electric Superintendent Jeff Morris indicated that most utility companies have special rates for their schools. Motion was made by Councilman Jenkins to Adopt Ordinance No. 10-97 Amending Large Commercial Electric Rate. Seconded by Councilman James. CITY OF SANGER, TEXAS ORDINANCE NO. 10-97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.800 AND APPENDIX ARTICLE 27.103(C) OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE. Motion Carried unanimously. (13)12,.Consider and Possible Action Regarding Increase of Utility Deposits. The City Secretary reported on this item. She had been asked by the Mayor to get some information on two issues he had addressed. There were two questions that had been asked. One of was "Can the City charge more for renter's deposits than a homeowner's?", and, "Can Cities request a credit history from a customer on a prior utility account before utility service is connected'.". City Secretary Rosalie Chavez stated she called Monty with the legal staff at M TL and Ron Neiman. Monty at TMI, indicated that cities have to be very careful when they charge renters more than homeowners for utility deposits. He stated that if a customer or group of people challenge the issue that they are being discriminated a City must be fully prepared to defend their case in Court with proper documentation. Ron Neiman also recommended that the City not pursue this option. He indicated there is case law in reference to this very issue which means it has been challenged in Court. Ron Neiman also advised that Council needed to understand that the possibility is there for it to be challenged, and Council needed to know that when their decision is final. Monty from TML also advised on the issue regarding the credit history on utility accounts. This can only create delays in giving the customer utility service. Iv 9 9. PAGE 6 City Secretary stated she had discussed this issue with Mr. Keesler and the Mayor earlier this morning. City Secretary also advised that both attorneys suggested having higher utility deposits. Mr. Neiman stated possibly charging more for reconnects each time a customer is cut off for non-payment. City Secretary advised that if the Council does go up on the deposits by 50 % losses will be reduced by that amount. Discussion followed. The mayor addressed the issue of our billing cycle. Council discussed possibilities of changing the payment date and cut off dates. There was discussion as to what other measures are used to try to collect after a customer moves. City Secretary advised that we do have a collection agency; however, the collection agency only works with the accounts for 90 days then they are sent back to our office. Another issue City Secretary addressed was the extensions that are given on delinquent accounts each month. This was set up by prior City management and now it has become a problem. Discussed was letter of credit. The City Secretary advised of a situation which had occurred last week regarding a letter of credit. The Cashier Clerk had called the City of Denton to verify the information and it was discovered that it was fraudulent. In the past we have not verified them by phone; however, now we have a situation where we are asking ourselves how many of these letters were fraudulent. The policy in place now is to verify the information before service is provided. Discussion followed. Motion was made by Councilman Frazier to Increase the iJtility Deposits from $SO to $100 on the Electric; and from $25 to $50 on the Water; and ii connect fees for each. Seconded by Councilman Jenkins. Motion Carried unanimously. Consensus of Council to make it effective October 1, 1997. Staff to report back in regards to changing either payment and cut off dates on billing cycle. (14)13.Consider and Possible Action to Submit Candidate(s) for the Nomination to the Board of Directors of the Denton Central Appraisal District. IUU it 09/15/97 i Motion was made by Councilman Jenkins to submit Carroll McNeill as a candidate to the Board of Directors for the Denton Central Appraisal District if he consents. Seconded by Councilman Kincaid. Motion Carried unanimously. (10114.Consider and Possible Action to Appoint Member to Beautification Board. Mayor Coker recommended that Helen Kirby be appointed to the Beautification Board> Motion was made by Councilman James to Accept Recommendation of Appointing Helen Kirby to the Beautification Board. Seconded by Councilman Kincaid. Motion Carried unanimously. (16)15.Consider and Possible Action Regarding Changes to the Cade of Ordinances Section 26 Use of Land and Buildings. Mayor Coker addressed this item iii regards to Industrial Zoning. He indicated that he was approached by Jahn Springer who had indicated to him that he had some businesses earlier who had tried to locate to Sanger. The situation that occurred was that these businesses could not locate without going to P&Z and Council to change the zoning. These businesses decided that they did not want to pursue this and did not want to get involved in an political issue. Mayor indicated two weeks ago a physician, Dr. Groff in Pilot Paint, wanted to locate to Sanger. The area that he was looking was a higher zoning and his business could not be built in this type of zoning. Mayor advised that Dr. Groff was also the Mayor in Pilot Point, and their Council changed this several years back where you could take a lower zoning into a higher zoning area. Mayor stated he had talked to Councilman Kincaid who indicated to him that years ago Council had agreed this was how they wanted our zoning rules to be, however, a prior City Manger changed it unbeknownst to Council and that is why the zoning is as such. Councilman Jenkins indicated that Council had rezoned the City to where it would not allow spot zoning in certain areas. Councilman Jenkins indicated Council had great emphasis at that time over the "spot zoning" and legalities of "spot zoning" *in these districts. The Council chose at that time not to go against TML and the City Attorney's recommendation by allowing this to occur in these areas. a CC MINUTES 09/15/97 Councilman Kincaid indicated that a person should be We to build anything they want as long as it does not go above the zoning restrictions in that area. Councilman Kincaid indicated if someone wanted to build a house next door to a factory he should be able to do so without having a problem. Councilman Frazier expressed the same opinion that a person should be able to go dawn in zoning but not up in zoning. Councilman James indicated that if the Council allowed this to happen where someone can build a house next door to an Industrial area for example a chemical plant, what would keep that homeowner from filing a lawsuit to close the chemical plant due to the chemicals and waste. Street Superintendent Chuck Tucker inquired as to what would keep someone going into a Business District and then using it for residential area, for example, property along Interstate 35. This item was discussed at length with several concerns that were expressed and opinions given by Council members. Council asked staff to check with other cities as to how they handle this particular situation. Mr. Keesler indicated that a compromise to this situation would be to allow someone to be able to build down to a B1, B2 and B3 from Il or I2 zoned district. The residential district would not be affected then. Council postponed this item for the next Council agenda. (17)16.Any Other Such Matters. 11 Mr. Keesler advised that there is another movie company coming to Sanger to film a scene for the movie called "Dallas Homecoming". The crew will be in Sanger filming on October 2. 2) Mayor 'indicated that the Chamber of Commerce needs to be complimented on the way the "Sanger Sellabration" was conducted again this year. Mayor advised everythuig went well with the Fire and Police Departments. (18)17.4eeting Adjourned. CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 10/01/97 GAGE 1 15:38 VENDOR INV NO INV DIE PO NUM DUE DIE LURCH AMT DISC. AMT 175 A—f RENTAL Goo. BOX 7878 LOUIPMENT RENTAL 84554601. 9/30/97 22197 9/30/97 853.72 800 446,0500 853,72 TOTAL 85172 goo 191 ACTION AUTO UPHOLSTERY RT. 2 BOX 1885 BENCH SEAT 11365 9/30/97 22372 9/30/97 240.00 coo 419.0800 240,00 TOTAL 240s OO , oo 200 ABC RESOURCES P.D. BOX 661 SEPTEMBER CE 970v62 9/30/97 22378 9/30/97 120s00 ,00 439.1100 120, 00 TOTAL 120*00 too 1280 DENTON PUBLISHING CD. P.O. BOX 369 22397 /00/09 22397 /00/09 too too SUBSCRIPTION 022397 9/30/97 22397 9/30197 108100 .0U 430, 0100 54, 00 430,1600 54,00 TOTAL 108.00 .00 1590 AT i T WIRELESS SERVICES P.O, BOX 620051 CELLULAR PHONES 22059 9/30/97 22059 9/30/97 319,59 moo 433.0800 83.44 433.0100 31,94 433.1600 31.93 4311100 172.28 TOTAL 3tp19,59 coo 3355 CINTAS UNIFORMS P.D. BOX 210037 MSC. SUPPLIES 22441 9/30/97 22441 9/30/9.7 100400 , oo 442.05OO 25.00 442,0600 25.00 442.2000 2100 442.I100 25.00 TOTAL 100.00 too 3400 BCI MECHANICAL 400 E. OAK ST. REPAIR A/C 51779 9/30/97 22422 9/30/97 63,50 ,00 4211100 63.50 TOTAL 63250 too 3580 PILL UTTER FORD P.D, BOX U MASTER CYL, ASSY 58341 9/30/97 22392 9/30/97 145.93 ,00 4111100 145.93 DIP STICK 58067 9/30/97 22386 9/30/97 15,85 Soo 419.1100 15.85 TOTAL 161.78 000 3787 BOB GRUNDY TREE FARM RT, 4 BOX 588 TREES 22398 9/30/97 22398 9/30/97 150R OO . oo 410.0900 150,00 TOTAL 150400 , 00 3788 BOUND TREE/NORTH AMERICAN 15 CENTERVALE ROAD MISC. SUPPLIES 265564 9/30/97 22336 9/30/97 101.95 ,00 CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 10/01/97 PAGE 2 15238 VENDOR INV NO INV DTE PO NU?vl DUE DIE PURCH Af4T DISC. AMT 442,1100 101495 TOTAL 101,95 ,00 4125 BURRUS SUPERMARKET P. O.BOX 708 CLEANING SUPPLIE 22417 9/30/97 22417 9/30/97 14,12 .00 442,1100 14,1E FOOD ITEMS 22376 9/30/97 22376 9/30/97 11,40 too 4111100 l l s 40 COKES CHIPS 22281 9/30/97 22281 9/30/97 12,66 ,00 413,1400 6.33 413.1500 6033 TOTAL 38,18 . oo 4250 SPRINT—CENIEL P,O. BOX 740517 TELEPHONES E''E402 9/30/97 22402 9/30/97 i, c31.14 .00 433.1600 592,35 433, 0200 99.96 433.1860 39285 433.0100 498, 98 TOTAL 11231,14 200 6500 C&H JANITORIAL SUPPLIES P.O. BOX 1104 CLEANING SUPPLIE 22400 9/30/97 22400 9/30/97 73.35 000 442,1800 24.45 462,2100 24.45 442.1300 24.45 CLEANING SUPPLIE 3134 9/30/97 22396 9/30/97 37,90 .00 442.1300 37.90 CLEANING SUPPLIE 2935 9/30/97 22326 9/30/97 28, 75 , 00 442.1300 28.75 TOTAL 140,00 , oo 7025 COMMERCIAL SERVICES RT. 4 BOX 642 B ICE MACHINE 145687 9/30/97 22406 9/30/97 loox 00 moo 4590 0600 100800 TOTAL 100000 , 00 11500 DENTEX SUPPLY CO., INC, 1226 DUNCAN ST, HEADS, NOZZLES 154168 9/30/97 22308 9/30/97 75.78 ,00 461.0900 75.78 TOTAL 7178 , oo 12200 DENTON PUBLIC SCHOOLS DIRECTOR OF FOOD SERVICE 1108 LINDEN MSC. FOOD ITEMS 5081 9/30/97 221377 9/30/97 109200 .ink 4111100 109400 TOTAL 109,00 too 13000 CITY OF DENTON, ACC, MUNICIPAL BUILDING 215 EAST FiCKINNEY LUGS, CONDUIT, E 65516120 9/30/97 22423 9/30/97 240.92 .00 470aO8OO 240,92 TOTAL 240* 92 .00 16100 DENTON TROPHY H011.31E 201A S, ELM NAMEPLATE 22290 9/30/97 22290 9/30/97 6000 .00 410,1700 62 ia0 TOTAL 6,00 too CITY OF SANGER VENDOR INV NO 16500 ENDERBY GAS COPiPANY PROPANE 2238I 414.0800 PROPANE 22321 414. 2000 TOTAL AP OPEN ITEM LIST COMPANY 100 lit/01/97 PAGE 3 1528 INV DTE PO NUM DUE DTE PURCH AMT DISC. ANT I -TEST HIGHWAY 9/30/97 127a84 82 22381 P,O. 9/30/97 BOX 717 127.84 .Q4 9/330/97 36.66 22321 91/30/97 36.66 .00 164.5ti , t�0 17400 G & !S SERVICES P.O. BOX 2687 UNIFORMS 22403 9/30/97 E240.3 9/30/97 618.45 .its} 416.1200 22.40 416.0500 120,20 416.2000 22.40 416.07OO 43.00 416, 0806 286, 45 416. � �600 124. 00 TOTAL 618.45 .to 20375 HARPOOL FARM & GARDEN CEN 420 E. MCKINNEY ST. FERTILIZER 14339 9/30/97 21201 9/30/97 216.83 200 415.0900 216.83 FERTILIZER 16459 9/30/97 21773 9/30/97 25.98 coo 415.0900 25.98 TOTAL 242.81 too 24510 INLAND TRUCK PARTS CO. P.O. BOX 560901 CABLE, BUT Ti N 1&42441 9/30/97 22317 9/30/97 7105 . oo 41931100 7105 CABLE, BUTTON 1842469 9/30/97 22318 9/30/97 73.05 .00 419.1100 73.05 TOTAL 146. i0 , oo 24575 INCODE SYSIEMS, INC. 6102 CHICAGO AVENUE LUBBUCK, TX 79424 HAND HELD CHARGE 432 9/30/97 22407 9/30/97 5.3.50 too 412.1900 53,50 TOTAL 53.50 too a 24632 3ESWOOD OIL COMPANY 401 S. LOCUST STREET SUITE 104 FUEL 22358 9/30/97 22358 9/30/97 21 187a35 ,itit 414, it300 848480 1 4.0500 452.88 414.1100 136. 27 414.2600 95.34 414.0800 270.26 414.0600 291.98 414.O7OO 91.82 TOTAL 25187.35 .00 24700 JlM McNATT CHEVROLET 1405 N. STEMMONS TENSIONER 500687 9/30/97 22.320 9/30/97 29.44 .00 419.0300 29.44 INSPECTION .37945 9/30/97 22324 9/30/97 10.50 .00 419.0800 10.50 TOTAL 39.94 .00 25025 LARRY KEESLER R.EIPtB. FUEL 22399 9/30/97 cc399 9130/97 63.7E .C1t) CITY OF GANGER VENDOR INV NO 414.0700 TOTAL c63�5fr LADD UNIFORM COMPANY PARTS, SHIRTS, S 2bc063 416, 0800 TOTAL AP OPEN ITEM LIST COMPANY 100 10/01/97 PAGE 4 15s38 ihlV DTE PO NUM DUE DTE PURCH ART DISC. ART 63.72 9/3U/97 137.55 26450 LAERDAL 1aEDICAL CORP. R.O. BOX 190 POLYMER ELECTROD 680619 9/30/97 442.I100 199.00 TOTAL 27�'S5 l!AiCR PRODUCTG, INC. STEEL PIPE CUTTE 21844 427.0600 INFLOW RROrEt"rOR 152536 421.G200 COUPLINGS 153461 427. 0600 TOTAL G'"t555 LAUN LAi`dD WCEDEATER LINE 22361 431.0500 SERV. CHG. 21800 456.0900 TOTAL 29501 LGVELACE LANDSCARE ti (�fRLACE TREES & 22433 423.0200 TOTAL 29735 MARK MURDGCH ADi. 1�RERCH 19t�r5 424. 2000 TOTAL 9/3ir/97 399.75 9/30/97 192.00 9/30/97 137.00 63.72 .313 14. VICKERY BLVD, 22382 9/30/97 137.55 137.55 ONE LABRIOLA CT, LLJ79 9/30/97 199.00 199.00 P.O. BOX 349 �1844 9/30/97 399.75 C4r15 J/60/97 192400 LL•J13 9/30/97 137.00 728.75 714 DALLAS DRIVE 9/30/97 22361 9/30/97 65.9U 65.90 9/30/97 21800 9/30/97 17.57 17.57 83.47 TREE SERVICE 1807 N. ELR #304 9/3t1/97 22433 9/30/9'7 3,949.00 37949,00 3194100 R.G. BOX 1453 GAINESVILLE, TX 76240 9/30/97 22322 9130/97 28.70 28.70 28.70 29803 r1CGUFFIN WELDING 917 Na 10TH STREET HD TRAILER HITCH 2572 9(30/97 2241c 9/30/97 266.17(r .00 419oil0f, 266.00 TOTAL 266.00 .00 29900 MCREYNOLDS TIRE SHOP BOX 514 TURN ROTORS, TiR 7359 9! 3tj/97 22389 913iJ197 262.t1t} .00 419.0300 171.00 419.0500 91.00 TOTAL 262.00 ,00 31626 NATIONAL FIRE PROTECTION P.O. BOX 8977 PREVENTION RATER 45253 9/30/97 22432 9/30/97 441.60 too 450.1100 441.60 TOTAL 44i.60 too O`�.t: 31643 NORTH TEXAS EXTINGUISHER SERVICE P.O. BOX 957 RECHARGE EXTINGU 3181 9/.30/97 22391 9130/97 85.50 .00 CITY OF SANGER AP OPEN IlEN LIST COMPANY 100 10/01/97 PAGE 5 15:38 VENDOR INV NO INV D14E PO NUN DUE DTE PORCH AMT DISC. ANT 419.0300 85.50 TOTAL 85,50 .00 32125 S & S TELEMETRY 800 WILLOW STREET LABOR 1514 9/30/97 22453 9/36/97 104.00 .00 447.0600 104.00 TOTAL 104.00 .00 34755 QUILL CORPORATION P. 0. BOX 94081 PLASTIC SPIRALS 4484456 9/30/97 82325 9/30/97 32.07 .00 411.1900 32.07 TOTAL 3c.07 too 35000 RADIO SHACK 410 BOLIVAR P.O. BOX 897 RECHARGER 72630006 9/30/97 22390 9/30/97 39.99 .00 419.1100 3199 TOTAL %39. 99 . un 35300 RIIE-WELD SUPPLY INC. P.O. BOX 1597 Oc BO(TLES 23362 9/30/97 22375 9/30/97 60,0o ,00 442n 1100 600 00 TOTAL 60400 .00 35551 S ° S AUTOMOTIVE P.O. BOX 461 700 N. I-35 MISC. PARTS 2E393 9/30/97 22393 9/30/97 49.6l .00 419.1100 3.79 4194 0800 45. 8c FREON 6029 9/30/97 20388 9/30/97 57.87 .00 419.0300 57.87 RADIATOR CAP 22439 9/30/97 22439 9/30/97 4.48 .00 ' 19.0700 4. 48 OIL CHANGE, NISC 6007 9/30/97 2=387 9/30/97 178.34 .00 419.t)300 178.34 MISC. PARTS 00395 9/30/97 *2c395 9/30/97 231.96 .00 A1940GOO ls22 419.0800 24.96 419,0700 2E5.78 TOTAL 54c. C6 .tail 36006 SANGER COURIER P.O. BOX 68 ADS 7657 9/30/97 22451 9/30/97 540.00 too 436.0100 270.00 436.100 270.00 TOTAL 540.00 coo 37777 SANGER OFFICE SUPPLY 303 BOLIVAR R.O. BOX 958 RING BINDER INDE 3347 9/30/97 E2370 9/30/97 5.30 .00 470. 080061 30 BINDER INDEXES 3333 9/30/97 22256 9/30/97 J%28 .ti0 470. 0800 52 28 NOTEBOOKS 332 9/30/97 22251 9/30/97 18.78 .00 470v 0800 18. 78 OFFICE SUPPLIES 3324 9/3:0/97 Ee090 9/30/97 25.99 .t)0 442.O2OO E5.99 BATTERIES 3359 9/30/97 22338 9/30/97 llw40 .00 � 411.1900 11.40 CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 10/01/97 PAGE 6 15,438 VENDOR INV NO INV DTE PO NUM DUE DTE PARCH A111T DISC. ANT P—TOUCH TAPES 22185 9/30/97 22185 9/30/97 32a36 a00 411a1900 32a36 TOTAL 9G,11 too 38500 SANt ER DRUG STORE P. Oa I?OX 958 WALL POCKE(S 3309 9/30/97 22201 9/30/97 411a0800 38v02 FILM 22401 9/30/97 22401 9/30/97 444v2600 14a58 BLOW DRYER 22316 9/30/97 22316 9/30/97 442m2000 2199 ASSAULT CASE PHO 21934 9/30/97 21934 9/30/97 442a0300 4.10 TOTAL 42000 5111ITHI S COUPI'TRY STORE P.O. BOX 928 BOLTS 47993 9/30/97 22373 9/30/97 427.0600 3010 SACKCRETE 47794 9/30/97 22285 9/30/97 421,0700 16.45 PVC PIPE 47779 9/30/97 22224 9/30/97 461 v C )900 2, 45 LOCK 47752 9/30/97 22214 9/30/97 412a1700 1199 PVC FITTINGS, CE 22226 9/30/97 22226 9/30/97 461 a 0900 46.76 PLUG COVER 47971 9/30/97 22305 9/30/97 470, 0800 1 a 29 COUPLINGS 47802 9/30/947 22227 9/30/97 461 v 0900 8a 84 WASHERS, SWITCH, 22319 9/30/97 22319 9/30/97 419a0500 ,72 41901100 179 424a 2000 18, 28 38, la2 14a 58 c3.99 4.10 8<)a 69 3.10 16a 45 �. 4C � 1 99 76 46. S . 29 79 8a 84 22a NOZZLE, HOSE & E 47866 9/30/9722456 9!30/97 35.27 442.1100 35a27 SB WELD 48054 9/30/97 22435 9/30/97 7a78 419a 0700 7a 78 TOTAL 158a72 43701 TECHL.INE, INC. laEftR BASE�q HOT 6048C 470a0800 TOTAL P.O. BOX 841950 9/30/97 22420 9/30/97 702900 702s 00 702a00 43850 TEMPLE, INC, P.O. BOX 970269 3 PHASE 30Ca KVA 22021 9/30/97 22021 9/30197 4,838.00 470.0800 4, 838.00 TOTAL 4183100 45220 SOUi'HWESiERN BELL _' C.�LLULAR PHONES 22356 433a1i00 4 33a 0100 433a 1600 43341100 MOBILE SYSTEMS P.O. BOX 910913 9/30/97 22356 9/30/97 304.76 37a 46 26a68 26a68 37a 93 .00 CITY OF SANGER AP OPEN ITEM LIST COMPANY 100 10/01/97 PAGE 7 15:38 VENDOR INV NO INV DTE PO NUM DUE DTE PURCH ANT DISC. ANT 433o lOOO 21.63 433.1700 21.62 4310800 132.76 TOTAL 304.76 .00 45555 TEXAS STEEL CULVERT P.O. BOX 727 CULVERTS 93210 9/30/97 22221 9/30/97 2,349.75 goo 431, 0500 L, 349.75 TOTAL 2134175 .00 46500 GRAVITY INC. P.O, BOX 1260 TRUCK SIGNS, LOG 22203 9/30/97 222'03 9/30/97 270.00 .00 4110800 270,00 TOTAL 270m 00 . oo 4920t} UEC EC�UIPi�ENT CO�IPANY P, 0. 80X 96ii013 LABOR, TRAVEL, N 57368 9/30/97 22418 9/30/97 11601.89 .00 41940800 1160IC89 TOTAL 11601.89 .00 49210 UNDERGROUND, INC./ TEXAS UNDERGROUND, INC. 13311 GARDEN ROAD [11SE 22164 9/30/97 22164 9/30/97 89,44 too 419.0600 89.44 TOTAL 89. 44 too 49250 UPPER TRINITY REGIONAL WATER DISTRICT P.O. DRAWER 3105 FACILITIES CHARD W279709 9/30/97 22410 9/30/97 11875,00 too 447.0600 11875, 00 TOTAL 11875.00 too 49300 UTILITY PLUS, INC. P.O. BOX 612 90 T. 31986 9/30/97 22348 9/30/97 118400 moo 427, 0600 118.00 TOTAL 118,00 .00 50100 VALLEN SAFETY SUPPLY CO. SAFETY SUPPLIES 22202' 9/30/97 22202 9/30/97 141946.00 v00 477.1100 144946,00 TOTAL 14,946.00 .00 50200 VIKING OFFICE PRODUCTS P. O. BOX 819064 LABEL MAKER TAPE 360673 9/30/97 223369 9/30/97 25.98 200 411.1900 25.98 TOTAL 25.98 .00 53265 NEBB AUTO PARTS P,O.BOX 355 BELT, FLASHERS, 8861 9/30/97 22394 9/30/97 48.86 too 419,0800 14.95 419, 030i: 33.91 BELTS, OIL FILTE 8887 9/30/97 22440 9/30/97 21.80 .00 419.0500 13.80 4110300 8.00 AIR FILTERS 8832 9/30/97 22323 9/30/97 iom 95 too 4110300 5, OO 41941100 5.95 TOTAL BI.61 .00 CITY OF SANGER VENDOR INV NO 53450 WESTGATE VETERINARY HOSP1 EUTHANILE 77783 444, 2600 TOTAL AP OPEN IIEN LIST COMPANY 100 10/01/97 PAGE 8 INV DTE PO NUM DUE DTE 9/30/97 bu. 00 54127 LAURAsS LOCKSh1ITH REBORE & INSTALL 36781 9/30/97 423.2000 91.49 TOTAL 15.38 PORCH At4T DISC. ANT 4501 N. MESA 22454 9/30/97 60.00 .00 Egon 00 too 1703 W. UNIVERSITY 22109 9/30/97 91.49 moo 91.49 ,Cat) 55285 1EXAS ldASTE 1iANAGEf�ENT P.O. BOlf 719 DUPPSIER6 22452 9/30/97 2245529/30/97 41250s13 too 447. 0700 298,77 447,0400 3,951.36 TOTAL 4,250.13 ,00 47,115,39 .00 1OTflL UUE WITH DISCOUNTS 47,115.39 TOTAL DUE- NO DISCOUNTS 47,115.39 G/L UEPARTt4ENTS ADt4INISTRATWN-GF i 881,60 LIBRARY-GF 4,074.95 POLICE-GF 3 1,421.96 SANITATION-GF 4 3,951.36 STREETS-GF 5 3,972.97 WATER-EF 6 3,268.49 t=4tSTEWATER-EF 7 751.80 ELECTRIC-EF 8 91093801 PARKS-GF 9 544221 PUBLIC WORKS GF 10 21,63 FIRE-GF 11 17,138.18 VEHICLE NAINT-GF 12 22.40 SWIMMING POOL-GF 13 91510 MAYOR & COUNCIL-GF 14 G.33 PIAYOR & COUNCIL-EF 15 6.33 ADMINISTRATION4F 16 974,96 PUBLIC WORKS-EF 17 41.61 ULLIVAN CENTER-GF 18 64,30 DATA PROCESSING-EF 19 155,31 VEHICLE MAINT-EF 20 246.52 COMM. CENTER-GF 21 24,45 WASTE-WTR LOLL-EF 22 192.00 ANI14AL CONTROL-GF 26 169.92 GEP!ERAL F'LNVD 321385.36 ENTERPRISE FUPdD 14,730.03 4. Consider and Possible Action Regarding Changes to the Code of Ordinances Section 26 Use of Land and Buildings. This was postponed from our last meeting. �. Consider and Possible Action on Awarding Bid for Two (2) New Trucks. The bid opening is Monday at 2:00 p.m. consideration on Monday night. The bids will be presented to Council for 6. Consider and Possible Action Regarding Contract for Professional Services for Engineering Consulting Services. Attached is a contract from Hunter &Associates for engineering services to be provided for the design and construction of the repainting of the 200,000 gallon elevated storage tank on Acker Street. CONTRACT FOR PROFESSIONAL SERVICES FOR ENGINEERING CONSULTING SERVICES STATE OF TEXAS COUNTY OF DENTON $ This CONTRACT and AGREEMENT made and entered into this the day of , 199._, by and between the City of Sanger, Texas, a General Law City, hereinafter referred to as "City", and Hunter Associates Texas, Ltd., hereinafter referred to as "Engineer". W I T N E S S E T H: WHEREAS, Engineer has submitted, and City has approved, a proposal for the performance by Engineer of professional engineering services for the Project (herein so called) described on Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the Scope of Services (herein so called) for the Project is more fully described on Exhibit "A"; and WHEREAS, Engineer's employees or agents are duly licensed to perform professional engineering services in the State of Texas and have sufficient expertise to perform the services described in the Scope of Services to the highest professional standards; and WHEREAS, City and Agreement to evidence for the performance by the Scope of Services Engineer therefore desire to enter into this their mutual understandings and agreements Engineer for City of the work described in Eor the Project. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereafter set forth, City and Engineer hereby agree as follows. Engineer, referred to herein is Hunter Associates Texas, Ltd., whose address is 8140 Walnut Hill Lane, Suite 500, Dallas, Texas 75231. Engineer shall perform all of the planning, engineering, and surveying services specified within the Scope of Services (herein so called) described on Exhibit "A" attached hereto and incorporated herein by reference for the Project described on Exhibit "A". CITY OF BANGER - Contract for Professional Engineering Services Page 1 of 8 III. DESCRIPTION OF SERVICES Engineer's services hereunder shall include and be subject to the following. A. Engineer understands that it is to work closely with the City Manager or their designated representative of City, hereinafter referred to as "Project Director", and other appropriate City officials, and, that, it is to perform any and all related tasks required of it by Project Director in order to fulfill the proposes of the work to be performed. B. Engineer shall perform all the services as set forth in the Scope of Services, attached hereto as EXHIBIT "A" and authorized by Project Director, provided however, should there be any conflict between the terms of said Scope of Services or Engineers's proposal and the terms of this Agreement, the terms of this Agreement shall be final and binding. C. Work under this Contract shall be authorized by Project Director in various phases as set forth in the Scope of Services. Engineer and its associates or employees shall perform all the work hereunder. Engineer agrees that all its associates or employees who work on this project shall be fully qualified to undertake same and competent to do the work described hereunder. This Agreement shall become effective upon execution by the Owner and the Engineer, and shall remain in force for one year excluding review time, additional services, and any required extensions approved by the Owner. The City agrees that funds to the extent required by this contract, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Contract. All invoices submitted by the Engineer and approved by the City, shall be paid within thirty (30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount, of one percent (1�) of the unpaid balance, beginning thirty (30) days from receipt of CITY OF BANGER - Contract for Professional Engineering Services Page 2 of 8 invoice except in such case as an invoice is disputed by the .City, whereby an additional fifteen (15) day period shall be allowed to resolve any disputed invoice. Be Compensation The City shall make payments to the Engineer, in the respective amounts set forth on Exhibit "B", for performing the engineering services for each phase of work within the Scope of Services which is set forth as a Basic Service on Exhibit "A" on a monthly basis. Monthly statements shall be submitted by Engineer and approved by the City. The compensation for Basic Services performed shall be based on the amount set forth in Exhibit "B". Additional services shall be as described in Exhibit "A". If the City requests, the Engineer shall furnish other services or tasks in addition to the Scope of Services proposed in the Exhibit "A" attached hereto. For performing these additional services, Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times the multiplier therefore set forth on Exhibit "B" for Additional Services, with reimbursement of all direct non -labor and subcontract expenses at the invoice cost times the multiplier therefore set forth on Exhibit "B" for Additional Services. This Contract provides for professional services, and these services will not be assigned or sublet in whole or in part except as identified herein without the consent of the City. Engineer covenants that during the Contract period Engineer and/or any of its associates or employees will have no interest and shall not acquire any interest, direct or indirect, which will conflict in any manner or degree under this Contract. Engineer agrees that none of its paid personnel shall be employees of City or have any conflicting contractual relationship with City. All activities, investigations, and other efforts made by Consultant pursuant to this Agreement shall be conducted by employees or associates of Engineer. Engineer further understands that the policy prohibits any officer or employee of the City from having any financial CITY OF BANGER - Contract for Professional Engineering Services Page 3 of 8 interest, violation Engineer, of Sanger, direct or indirect, or any contract with City. Any of this paragraph, with knowledge expressed or implied by shall render this Agreement voidable by the City Council Texas. City may request, from time to time, changes in the scope or focus of the activities, investigations and studies conducted or to be conducted by Engineer pursuant to this Agreement through Project Director or his designated representative. If in the opinion of Engineer, Project Director or his designated representative, such change would entail an increase in cost or expense to Engineer, such increase shall be mutually agreed on by Engineer and Project Director. Changes in the scope, which in the opinion of Engineer and Project Director would require additional funding by City, must first be approved by City through a duly adopted Resolution. Any reports, information, project evaluation, project designs, data or any other documentation developed by Engineer hereunder given to or prepared or assembled by Engineer which City desires to be kept confidential will not be made available to any individual or organization (except City approved subcontractors) by Engineer without the prior written approval of City. XII. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by City, all reports, information and other data given to , prepared or assembled by Engineer under this Contract, and any other related documents or items shall become the sole property of City and shall be delivered to City. Engineer may make copies of any and all documents for its files. Approval of Engineer's work by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, agents or associates for the accuracy and competency for their designs, reports, information and other documents nor shall approval be deemed to be the assumption of such responsibility by City for any defect or error in the aforesaid documents prepared by Engineer, its employees and associates. CITY OF BANGER - Contract for Professional Engineering Services Page 4 O f 8 A. The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Engineer shall invoice City for all work completed and shall be compensated in accordance with the terms of this Contract for all work accomplished by it to the termination date. All reports, statistics, informational documents, and other documents, or data relating to Engineer's services hereunder shall become the property of City upon termination of this Contract. B. Nothing contained in this Contract shall require City to pay for any work which is unsatisfactory as determined by Project Director or which is not submitted in compliance with the terms of this Contract. City shall not be required to make any payments to Engineer while Engineer is in default, nor shall this Article constitute a waiver of any right, at law or at equity, which City may have if Engineer is in default, including the right to bring legal action for damages or to force specific performance of this Contract. Engineer agrees that City may review any and all of the work performed by Engineer under this Contract. All notices, communications, and reports under this Contract shall bIwo mailed or delivered to the respective parties by depositing same in the United States mail at the address shown below, unless and until either party is otherwise notified in writing by the other party at the following address: City City of Sanger The Honorable Mayor, John W. Coker, III 201 Bolivar Street Sanger, TX 76266 Hunter Associates Texas, Ltd. J. Travis Roberts, Jr., P.E., R.P.L.S. President 8140 Walnut Hill Ln., Suite 500 Dallas, TX 75231 CITY OF BANGER - Contract for Professional Engineering Services Page 5 of 8 9 ' ' 943 .� 0 1&10 "POUNWOR No person in the United States shall, on the grounds of race, creed, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to Engineer pursuant to the terms of this Contract. B. $pec�f�c D�scr�m�natory Actions Prohibi_tesi Engineer may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, color, national origin, creed or sex. In the rendering of services to beneficiaries as defined herein, Engineer is performing services of the type performed prior to this Contract, and City and Engineer by the execution of this Contract do not change the independent status of Engineer. No term or provision hereof or act of Engineer in the performance of this Contract shall be construed as making Engineer the agent of City. ENGINEER agrees to defend, indemnify and hold City, its officers, agents and employees harmless against any and all claims, lawsuits, judgements, costs and expenses and collection costs for personal injury (including death, property damage or other harm for which recovery of damages is sought) that may arise out of or be occasioned by the intentional or gross negligent breach of any terms of provisions of this contract by ENGINEER, its officers, agents, associates, employees or subconsultants, or by any other gross negligent act or omission of ENGINEER, its officers, agents, associates, employees or subconsultants, in the performance of this contract, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors or subcontractors and in the event of joint and concurrent negligence of both the Engineer and City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. Engineer shall not be liable for any act of the City's contractor and its subcontractors. Engineer shall not be liable for specifying or following standard CITY Of BANGER - Contract for Professional Engineering Services Page 6 of 8 engineering practices and procedures and the above shall not constitute an acceptance by the Engineer of any liability that the City may incur as a result of City's actions or immunities. Engineer shall be liable to City for the amount of the funds received under this Contract which Engineer knowingly disburses in clear violation of the terms and conditions herein as remedy to the violation. Since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Engineer's opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional engineer, familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by Engineer. This Contract contains all commitments and agreements of the parties hereto and no verbal or written commitments shall have any force or effect if not contained herein. The parties herein agree that this Contract shall be enforceable in Denton County, and if legal action is necessary to enforce exclusive venue shall lie in Denton County, Texas, This Contract is made subject to the existing provisions of the General Laws of the City, its rules, regulations, procedures, and ordinances, present and future, enacted upon or implemented by City and all applicable laws of the State of Texas and the United States. In interpreting the various provisions of this Contract in a Court of Law, any said court having jurisdiction shall apply the laws of the State of Texas to interpret the terms and provisions of this Agreement. CITY OF BANGER - Contract for Professional Engineering Services 1 147 The captions to the various clauses of the Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. EXECUTED this the day of , 199_I the City of Sanger signing by and through its Mayor, duly authorized to execute same by Motion approved by the City Council on the day of 199_, and executed by Engineer. CITY OF BANGER, TEXAS By: John W. Coker, III Mayor Attest: ENGINEER Hunter Associates Texas, Ltd. By : J. ravis Robert , Jr., P.E., .P.L.S. President CITY OF BANGER - Contract for Professional Engineering Services G 4 iJl EXHIBIT "A" The project is for the DESIGN and CONSTRUCTION MANAGEMENT of the repainting of the Acker Street 200,000 gallon elevated storage tank. The scope of the project technical services will involve field surveying, engineering calculations and technical design, preparation of special material and construction specifications, assembled into a complete set of specifications and bidding documents, determination of acquisition (Right-of,Way easements, etc. needs, field testing and inspections (with resident inspection to be at Owner's option) and other special engineering services as needed. The ENGINEER shall render the following professional services for the development of the PROJECT. 1. Upon execution of this AGREEMENT, ENGINEER shall: a. Consult with OWNER in a Pre -Design Conference for the purpose of: (1) to review the scope of work, (2) to verify the requirements for the PROJECT, and (3) to review available data. b. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist the OWNER in connection with any such services. c. Provide analysis of OWNER's requirements for the project, including planning, surveys, site evaluations and comparative studies of prospective sites and solutions. d. Provide necessary schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations with opinions of probable construction costs for the PROJECT, which includes estimates of contingencies and allowances for charges of professionals and consultants. A-1 0 �1rzr4lro f • f After OWNER has issued written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: a. Prepare preliminary design documents consisting of final design criteria, preliminary drawings and outline specifications. b. Based on the information contained in the preliminary design documents, submit a revised opinion of probable PROJECT costs. c. Furnish copies of the above preliminary design documents, present and review them with OWNER. 1. Prepare detailed plans, specif ications, contract documents, designs, and layouts of improvements to be constructed. The following specific items shall be included: a. A Layout Plan showing the improvements included in this AGREEMENT will be provided as sheet number two (2) of the drawings. b. Construction Materials Quality Control Program listing the required construction materials, tests and the required frequency of testing. 2. Provide the OWNER with advice, when requested, with respect to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface explorations; however, the making of such investigations and the interpretations of data and reports by special consultants are not a part of the services to be rendered by the ENGINEER, and the cost therefore shall be paid by the OWNER. The ENGINEER shall monitor and review the work of testing ired h laboratories and inspection bureaus requfor te testing or inspection of materials, witnessed tests, factory testing, etc., for the PROJECT, but the cost of such laboratory tests or inspection shall be paid by the OWNER. 3. Furnish the OWNER, when requested, with the engineering datnecessary for applications for routine permits a required by local, state, and federal authorities. Preparation of detailed applications and supporting documents for the government grants or for planning advances will be provided as Additional Services. A-2 4. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. 5. Furnish such information necessary to utility companies whose facilities may be affected or whose services may be required for the Project. 6. Prepare revised opinion of probable construction cost, and bidder's proposal forms (project quantities) of the improvements to be constructed. 7. Furnish and review with the OWNER, three (3) sets of copies of plans, specifications, and bid proposals marked "Preliminary" for approval by the OWNER. Upon final approval by the OWNER, the ENGINEER will provide the OWNER ten (10) sets of copies of "Final" plans. As directed by the OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the project, shall be furnished by the ENGINEER and shall be paid for by the OWNER at actual cost of reproduction. 8. Provide a Pre -Bid Conference, if determined necessary by the OWNER. Upon completion of the design services and approval of "Final" plans and specifications by the OWNER, the ENGINEER will proceed with the performance of services in this phase as follows: 1. Assist the OWNER in securing bids, issuing notice to bidders and notifying construction news publications. The notice to bidders will be furnished to the OWNER for publication in the local news media. The cost for publications shall be paid by the OWNER. Distribution of "Final" plans and specifications during the bid advertisement period will be from the ENGINEER Is office. 2. Assist the OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contracts or the appropriate actions to be taken by the OWNER. 3. Assist in the preparation of formal contract documents for construction contracts. " 4. Assist in conducting a preconstruction conference with the Contractor(s), review construction schedules prepared by the Contractors) pursuant to the requirements of the A-3 construction contract, and prepare a proposed estimate of monthly cash requirements of the project. A written record of the preconstruction conference will be submitted to the OWNER. 5. Make visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general, if the work is proceeding in accordance with the contract documents. In performing these services, the ENGINEER will endeavor to protect the OWNER against defects and deficiencies in the work of Contractor(s); the ENGINEER will report any observed defects or deficiencies immediately to the OWNER: however, it is understood that the ENGINEER does not guarantee the Contractor(s) performance nor is the ENGINEER responsible for supervision of the Contractor(s) operation and employees. ENGINEER shall not be responsible for the acts or omissions of any person (except his own employees and agent) at the PROJECT site or otherwise performing any of the work of the PROJECT. 6. Consult with and advise with the OWNER during construction, make recommendations to the OWNER regarding materials and workmanship, and prepare change orders with OWNER's approval. 7. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and test equipment and other data pursuant to the General Conditions of Agreement in the Construction Contract. 8. Assist the OWNER in arranging for testing of materials and laboratory control during construction to be conducted at the OWNER's expense. 9. Interpret intent of the plans and specifications for the OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the OWNER, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an Additional Service. 10. Review and comment on monthly and final estimates for payment to Contractor(s), pursuant to the General Condition of Agreement in the Construction Contract. 11. Conduct, in company with the OWNER's representative, a final review of the PROJECT for conformance with the design concept of the PROJECT and general compliance with the contract documents; and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). A-4 12. Review the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Two (2) sets each of prints of "Record Drawings" shall be provided by the ENGINEER to the OWNER. 13. One (1) year after the final inspection, the ENGINEER will accompany and assist the OWNER in determining warranty compliance. 14. Maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the OWNER to assure proper accounting for all project funds, both Federal and non -Federal shares. These records will be made available for audit purposes to the OWNER or any authorized representative, and will be retained for three (3) years after the expiration of the Contract unless permission to destroy them is granted by the OWNER. SECTION III ADDITIONAL SERVICES Additional Services to be performed by the ENGINEER; if authorized by the OWNER which are not included in the above described basic services, are described as follows: A. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. B. Providing shop, mill, field or laboratory inspection of materials and equipment. C. Preparing any required Operation and Maintenance Manuals or conducting operator training. D. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceeding.arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. E. Furnishing the services of a Resident Project Representative to act as the OWNER's on -site representative during the Construction Phase of the PROJECT. The Resident Project Representative will act as directed by the ENGINEER in order to provide more A-5 extensive representation at the PROJECT site during the Construction Phase. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants will be set forth in an agreed to attachment, which is to be identified, attached to and made a part of this AGREEMENT. The ENGINEER does not guarantee the Contractor's performance, nor is he responsible for supervision of the Contractor's operation and employees. Through more extensive on -site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, the ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work, but the furnishing of such Resident Project Representation will not make ENGINEER responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs, or for Contractor's failure to perform the construction work in accordance with the Contract Documents. F. Assisting the OWNER in claims or disputes with Contractors(s). G. Performing investigation, studies and analysis of substitutions of equipment and/or materials or deviations from the plans and specifications. H. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. I. Providing general environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analysis, permitting assistance, and other assistance required to address environmental issues. A-6 ExHIBIT "B" AGREEMENT FOR ENGINEERING SERVICES City shall reimburse Hunter Associates Texas, engineering services provided upon project phases per the following amount. 1) Preliminary design phase 2) Final design phase 3) Bidding/negotiation phase 4) Construction phase portions of percentages o TOTAL Ltd. for basic the following f the contract The direct cost ceiling shall not exceed five thousand ($5,000) except in the case of a contract amendment which increased the scope of the work due to extended work scope created on this project. The Engineer shall be reimbursed for Additional Services based on the following. 1. jZirect salary Cost -- Direct Salary Cost is defined herein as the cost of salaries (including sick leave, vacation, holiday, incentive pay, plus unemployment, payroll taxes, social security, workman's compensation insurance, retirement, medical and life insurance benefits). 2. Multiplier -- Overhead and Administration Cost or the multiplier which is applied to Salary Cost is defined herein as a reasonable margin for contingency, interest on invested capital, readiness to serve; and is 2.0 times the direct salary cost for this project. 3. Direct Non -salary Expenses -- Non -salary expenses which are identified and provided on this project are applicable to work such as computer rental, soil testing, laboratory cost, subcontractor (s), blue printing, photocopying and binding, drafting and stenographic and surveying supplies, telephone and paging unit costs, and living or traveling expenses. A service charge of 1.25 percent is added to the actual cost paid for any direct non -salary expenses. 4. Labor Input Cost -- The work level of each employee with direct salary cost, per hour, is defined and shown on Exhibit B-1 wvC" attached hereto. 5. Record for the Cost of Professional Services -- Cost shall be accounted for by the Engineer with cost accounting records maintained on a monthly basis. Adequate detail hourly time records for all employees who devote time to the work and any part of those salaries, is included in direct cost and will be maintained. Applicable payroll records together with receipts will be available for inspection. 6. Payment -- Payment will be made to the Engineer during execution of the work, based on monthly invoices, and within a reasonable period of billing date. EXHIBIT "C" HUNTER ASSOCIATES TEXAS, L T D. ENGINEERS/PLANNERS/SURVEYORS COST RATE SCHEDULE DUNE 1, 1996 The Company has divided its workers into 12 experience and work levels. The Company will bill the cost of these employees at the hourly rates shown below times a multiplier of 2.0. WORK SUMMARY =WY LEVEL DESCRIPTION RATE 12 Executive Engineers & President $45.00 it Supervising Engineers & Vice Presidents 39.00 10 Associate & Principal Design Engineers 34.00 9 Senior/Project Engineers & Registered Surveyors 30.00 8 Staff Engineers, Senior Planners & Accountant 27.00 7 Engineering Assistants & Planners 25.00 6 Technical Writers, CAD Technician, & Sr. Inspectors 22.00 5 Senior Secretary, Inspectors, CAD Operators 20.00 4 Secretary 17.00 3 Senior Clerical Worker 14.00 2 Clerical Workers 10.00 1 Beginners & Trainees 9.00 The Company will bill all (NON -SALARY COSTS) as shown below, plus twenty-five ( 2 5 �) . A. Transportation expense will be charged at $.29 for cars and $.50 for trucks per mile for transportation to and from company office to the job site, or between locations. B. Cost of stakes, iron pins, laths, etc. used in construction layout and surveys are charged as they are used by the field parties or engineers, at cost;. C. Blue prints and other out-of-pocket material and equipment cost will be charged at cost; D. Two -man field survey party furnished with standard equipment • will be charged at the rate of sixty dollars ($60.00) per hour. Extra survey equipment and personnel would be charged as additional out-of-pocket costs; andIN C-1 E. The Company computer charges will be at the rate of eight dollars ($8.00) per hour. All of the above rates are subject to upward adjustment each January 1st by an amount equal to the U.S. construction inflation rate as published by the Government. 7. Consider and Possible Action Regarding Interlocal Cooperation Agreement for Library Services with Denton County for 19974998 Fiscal Year. Vicky lJneson, Librarian, has reviewed the contract which basically is the same as last year with the same funding. BRUCE ISAACKS CRIMINAL DISTRICT ATTORNEY Carmen Rivera -Worley, Assistant District Attorney Robert Schell, Assistant District Attorney Civil Division 319 West Oak Denton, Texas 76201 September 5, 1997 Hon. John W. poker III City of Sanger P.O. Box 578 Sanger, TX 76266 Re: Interlocal Cooperation Agreement -Library Dear Mayor Coker: (817) 565-8660 (800) 346-3189 Metro (214) 4344925 Fax (817) 383-0988 Enclosed are two originals of your City's Interlocal Cooperation Agreement for Library Services with Denton County for the 19974998 fiscal year. Please obtain the appropriate signatures on the enclosed agreements and then return both originals to our office so that they may be placed on the next Commissioners Court agenda for approval. After execution by Denton County, an original will be returned to you for your files. Should you have any questions, please don't hesitate to contact me. Sincerely, Lori Bowers Legal Assistant Encls. STATE OF TEXAS, ) ) ss. COUNTY OF DENTON. ) INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT is made .and entered into by and between DENTON COUNTY, a political subdivision of Texas, hereinafter referred to as "County," and the CITY OF BANGER, a municipality of Denton County, Texas, hereinafter referred to as "Municipality." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, Municipality is �a duly organized municipality of Denton County, Texas engaged in the provision of library service and related servi aces for the benefit of the citizens of Municipality; and WHEREAS, County has requested and Municipality has agreed to provide library services for all residents of Denton County; and WHEREAS, County and Municipality mutually desire to be subject to the provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Local Government Code Chapter 323, County Libraries. NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter stated, agree and understand as follows: BANGER LIBRARY 1997-98 1 ��' �� � � Q L� I. The term of this agreement shall be for the period from October 1, 199, through September 30, 1998. II. For the purposes and consideration herein stated and contemplatedI Municipality shall provide library services for the residents of County without regard to race, religion, color, age, Usability and/or national origin. Upon proper proof by individuals) of residence in Denton County, Texas, such individuals) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. Municipality shall develop and maintain through the Library one or more of the following programs of service: Educational and reading incentive programs and materials for youth. ` Functional literacy materials and/or tutoring programs for adults. Job training/career development programs and/or materials for all ages. Outreach services to eliminate barriers to library services. Educational programs designed to enhance quality of life for adults. County designates the County Judge to act on behalf of County and serve as liaison officer for County with and between County and Municipality. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated and shall devote sufficient time and BANGER LIBRARY 1997-98 2 attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement, and shall provide immediate and direct supervision of County's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and Municipality. IV. Municipality shall designate to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and County to insure the performance of all duties and obligations of Municipality as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of Municipality in full compliance with the terms and conditions of this agreement, and, shall provide management of Municipality's employees, agents, contractors, sub -contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of Municipality and County. Municipality shall provide to County a copy of the annual report submitted to the Texas State Library and shall respond to Count Is annual questionnaire as documentation of expenditures and provision of service. V. The Municipality shall be solely responsible for all techniques, sequences, procedures, and means and for the coordination of all work performed under the terms and conditions BANGER LIBRARY 1997-98 3 �� �� �� of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the Municipality stated in this agreement and give all attention necessary for such proper supervision and direction. vI. The Municipality agrees that its library department shall assume the functions of a county library and agrees to provide a librarian who holds or secures a county librarian's certificate from the Texas State Library and Archives Commission. Local Government Code, section 323.011(b). vII. County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's employees, agents, sub -contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the County. VIII. The Municipality agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the Municipality's employees, agents, sub -contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Municipality. IX. This agreement is not intended to extend the liability of the parties beyond that provided by law Neither Municipality nor BANGER LIBRARY 1997-98 4 County waives any immunity or defense that would otherwise be available to it against claims by third parties. X. Municipality understands and agrees that the Municipality, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of County. XI. County understands and agrees that County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of Municipality. XII. The address of County is: County Judge, Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-565-8687 The address of Municipality is: City of Sanger P. 0. Box 578 Sanger, Texas 76266 Attention: John Coker Telephone:940-458-7930 XIII. For the full performance of the services above stated, County agrees to pay Municipality fees as described herein. County shall pay Municipality fees in the amount of $1.20 per capita, totaling SIX THOUSAND THREE HUNDRED TWENTY-FOUR DOLLARS ($6,324.00), based upon North Central Texas Council of Governments population SANGER LIBRARY 1997-98 5 0 figures provided to Denton County by the Denton County Library Advisory Board, payable in equal quarterly installments to Municipality commencing October 1, 1997. In addition, the County agrees to pay Municipality an amount not to exceed TEN THOUSAND DOLLARS ($101000) in matching funds upon the following conditions. Municipality shall attempt to secure funding from sources other than Denton County. Upon receipt of additional funding, Municipality shall provide proof of the receipt of such funds to the Denton County Auditor on a quarterly basis. Denton County shall match Municipality's additional funding in an amount not to exceed $10,000.00. Payment by County to Municipality shall be made in accordance with the normal and customary processes and business procedures of County, and payment shall be satisfied from current revenues of the County. XIV. This agreement may be terminated at any time, by either party giving sixty (60) days' advance written notice to the other party. In the event of such termination by either party, Municipality shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should Municipality be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not BANGER LIBRARY 1997-98 (` ll kk 6 rr constitute a waiver of any claim that may otherwise arise out of this agreement. XV. This agreement represents the entire and integrated agreement between Municipality and County and supersedes all prior negotiationsI representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Municipality and County. XVI. The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. XVII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XVIII. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary orders or resolutions extending said authority have been duly passed and are now in full force and effect. BANGER LIBRARY 1997-98 Executed in duplicate originals in Denton County, Texas by the authorized representatives. COUNTY COUNTY JUDGE Acting on behalf of and by the authority of the Commissioners Court of Denton County, Texas ATTEST: By Denton County Clerk Assistant District Attorney Name Title: Resolution # Dated: ATTEST: City Secretary City Attorney APPROVED AS TO CONTENT: Director, Library Services BANGER LIBRARY 1997-98 8 8. Consider and Possible Action Approving Resolution No. R07-97 Regarding Denton Central Appraisal Districts Proposed Expansion and Renovation. Attached in separate binder is proposed expansion and renovation to their existing facility. CITY OF SANGER, TEXAS RESOLUTION No. R07-97 WHEREAS, the City of Sanger, Texas, a taxing unit in the Denton Central Appraisal District has received notice from the Appraisal District in accordance with the Texas Property Tax Code Sec 6.051(b) that the Board of Directors of the Appraisal District had passed a resolution whereby the Appraisal District proposes expansion and renovation of the premises in which the Appraisal District offices and facilities are located; and WHEREAS, such notice included information showing the costs of other available alternatives to the proposal; and WHEREAS, the governing body of the City of Sanger finds that the proposal of the Appraisal District should be APPROVED; NOW, THEREFORE BE IT RESOLVED by the governing body of the City of Sanger that the proposal for expansion and renovation of the Denton Central Appraisal District premises is hereby APPROVED. PASSED AND ADOPTED this 6th day of October, 1997. John W. Coker III, Mayor ATTEST: Rosalie Chavez, City Secretary TO: FROM: DENTON CENTRAL APPRAISAL DISTRICT 3911 MORSE STREET, P O BOX 2816 DENTON, TEXAS 76202-2816 MEMO Chief Administrative Employee Joe Rogers, Chief Appraiser SUBJECT: Proposal To Partially Renovate And Expand The Appraisal District's Building The enclosed material pertains to the Appraisal District's plans to partially renovate our office building and to construct an addition to the building. The intent of this project is to have the facilities and resources available so the District can continue to provide quality service to the taxing jurisdictions. Our financing plan for this project is designed so the monthly building payments will remain at, or near, the same as the current payments. To accomplish our goal we need help from each jurisdiction. We are asking that your jurisdiction approve a resolution that is enclosed. The attachment to this memo summarizes the project and explains the action needed on your part and by your elected officials. It is very critical that this matter be handled in a brief time frame. After reviewing the attached page, you may wish to review section 1. of the enclosed proposal. An understanding of section 1., combined with the explanatory information on the attached, should provide reasonable insight into the action that we ask that you and your elected officials take within the next 40 days. Again, the successful completion of this project depends upon an affirmative vote by the elected officials from the jurisdictions. Further, the applicable statutes mandate a very narrow time frame for the vote to occur and for the resolution to be returned to my office. If..you have any questions, comments, or need any assistance on this matter, please c act my office. Thanks. Joe Rogers PHONE: (940) 566-0904 METRO: (972) 434-2602 FAX: (940) 387-4824 I. The project A partial remodel of the existing office building and construction of an 8,296 square foot addition to the building. This building project should benefit the taxing jurisdictions by providing the Appraisal District with the necessary facilities and resources for the Appraisal District to function in an efficient manner. Further, we intend to minimize the financial impact of the project on the jurisdictions by financing the project so the monthly building payments will increase only a small amount, if any. The project will be financed with one loan by combining a refinancing of the existing loan balance with a loan for the new construction. Estimated cost of the project is $592,000, II. Material supplied in this envelope 1. A Proposal to partially renovate and expand the Appraisal District's building 2. A sample blank resolution for your elected officials to use to approve, or disapprove, the proposed project 3. A stamped envelope that can be used to return the signed resolution to my office III. Action needed by your jurisdiction 1. Send each of your elected officials a copy of the enclosed Proposal. I am enclosing a copy for each elected official, the chief administrative employee, and a copy for your permanent records. If you need additional copies, please advise. 2. Place the enclosed resolution on your agenda as an action item. The vote to approve, or disapprove, the resolution should be no more than 30 days from the date you receive the Proposal. Failure to place the resolution on the agenda is the same as a veto of the project. Further, an event that causes a delay of a vote on the resolution past the 30 days period has the effect of a veto of the project. 3. Your governing body will be taking action on our Board's resolution that is enclosed in section 1. of the Proposal. A sample an resolution, identical to the one enclosed in the envelope, is enclosed in section I. for your governing body's review. Obviously, your governing body may wish to have your attorney prepare a resolution worded differently. 4. After the elected officials have approved, or disapproved, the resolution, return the signed and notarized copy to my office. I have enclosed a stamped envelope for your use. The Tax Code provides that the resolution be returned within 10 days after the end of the 30 day period. Failure to return the resolution within the 10 day period is the same as a veto of the project, regardless if your elected officials approved it. 9. Consider and Possible Action Regarding Building Permits. Presently the only persons who are licensed on a yearly basis by the City of Sanger are the electricians. Each year their licenses are renewed if they choose to continue work in Sanger. The Building Inspector, Chuck Tucker, would also like for plumbers and heat and air contractors to be licensed on a yearly basis as well. This would simplify the process when building permits are pulled. 10. Consider and Possible Action to Approve Ordinance No. 11-97 Regarding "Water/Sewer Deposit. 11. Consider and Possible Action to Approve Ordinance No. 12-97 Regarding Electric Deposit. 12. Consider and Possible Action to Approve Ordinance No.13-97 Regarding Tampering Fee. 13. Consider and Possible Action to Approve Ordinance No. 14-97 Regarding Utility Reconnect Fees. :14. Consider and Passible Action to Approve Ordinance No. 15-97 Regarding Electric Service Connections. At the last City Council meeting the Council approved changes that reflected all these ordinances. This will comply with the Code of Ordinances by updating to reflect these changes. CITY OF SANGER, TEXAS ORDINANCE No. #11A7 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.600 AND APPENDIX ARTICLE 25.000(a) OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I THAT CHAPTER 11, ARTICLE 11.600 AND APPENDIX ARTICLE 25.000(a) OF THE CITY OF SANGER CODE OF ORDINANCES IS HEREBY AMENDED TO READ AS FOLLOWS: (a) Each individual, person, business, firm or corporation making application for a connection to provide service by the City of Sanger waterworks and sanitary sewer system shall provide a deposit prior to receiving service in the applicable amount as follows: Residential deposit $50.00 Restaurant deposit $100.00 Commercial deposit $50.00 SECTION II All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. ORDINANCE NO, PAGE 2 11-97, WATER/SEWER DEPOSITS SECTION IV This Ordinance became effective on October 19 1997 from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this 6th day of October, 1997, by the City Council of the City of Sanger, Texas. APPROVED: John W. Coker III, Mayor ATTEST: Rosalie Chavez, City Secretary CITY OF SANGER, TEXAS ORDINANCE No. #12-97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.900 AND APPENDIX ARTICLE 28.000(a) AND (b) OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I THAT CHAPTER 11, ARTICLE 11.900 AND APPENDIX ARTICLE 28.000(a) AND (b) OF THE CITY OF SANGER CODE OF ORDINANCES IS HEREBY AMENDED TO READ AS FOLLOWS: (a) Residential Deposits. Residential deposit shall be one hundred dollars ($100.00). An acceptable letter of credit from a recognized utility company for the current previous twelve (12) months shall be accepted in lieu of a deposit. Such letter must state that the customer has an acceptable payment record. (b) Commercial Deposits. Commercial ($200.00). No letter of credit will be accepted. additional $100.00 deposit for water as set 25.000(a). SECTION II deposit shall be two hundred dollars Restaurants will be required to pay the for in Ordinance No. 11-97, Article All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. ORDINANCE NO, 12-97, ELECTRIC DEPOSIT PAGE 2 SECTION IV This Ordinance became effective on October 1, 1997 from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this 6th day of October, 1997, by the City Council of the City of Sanger, Texas. APPROVED: John W. Coker III, Mayor ATTEST: Rosalie Chavez, City Secretary CITY OF SANGER, TEXAS ORDINANCE No. #13-97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.300 OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I THAT CHAPTER 11, ARTICLE 11.300 (a) OF THE CITY OF SANGER CODE OF ORDINANCES IS HEREBY AMENDED TO READ AS FOLLOWS: (7} Tampering Fee. In the event the user or customer or their agent restores water services or electric services after service has been disconnected by the City, or the user or customer or their agent tampers with the water meter or the electric meter or service line appurtenances in any manner, a tampering fee of one hundred dollars ($100.00) shall be collected in addition to the reconnect fees. SECTION II All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. ORDINANCE NO. PAGE 2 1 M7, TAMPERING FEE SECTION IV This Ordinance became effective on October 1, 1997 from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this 6th day of October, 1997, by the City Council of the City of Sanger, Texas, ATTEST: Rosalie Chavez, City Secretary APPROVED: John W. Coker III, Mayor rEX Ae .,%#t DSO CITY OF SANGER, TEXAS ORDINANCE No. #14-97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.1603 AND APPENDIX ARTICLE 30.000 OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I THAT CHAPTER 11, ARTICLE 11.1603 AND APPENDIX ARTICLE 30.000 OF THE CITY OF SANGER CODE OF ORDINANCES IS HEREBY AMENDED TO READ AS FOLLOWS. ARTICLE 30.00 UTILITY RECONNECT FEES Service may de discontinued, upon due written notice, to customers having past due bills on the twenty-seventh (27th) day of the month. In addition, a twenty dollar ($20.00) reconnect fee will be assessed to all water customers and/or a twenty dollar ($20.00) reconnect fee will be assessed to all electric customers whose service has been discontinued. SECTION II All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. ORDINANCE NO, 14-97, UTILITY RECONNECT FEES PAGE 2 SECTION IV This Ordinance became effective on October 1, 1997 from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this 6th day of October, 1997, by the City Council of the City of Sanger, Texas. APPROVED: John W. Coker III, Mayor ATTEST: Rosalie Chavez, City Secretary CITY OF SANGER, TEXAS ORDINANCE No. 1f15-97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.700 AND APPENDIX ARTICLE 26.000 OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I THAT CHAPTER 11, ARTICLE 11.700 AND APPENDIX ARTICLE 26.000 OF THE CITY OF SANGER CODE OF ORDINANCES IS HEREBY AMENDED TO READ AS FOLLOWS. ARTICLE 26.000 ELECTRIC SERVICE CONNECTIONS Electrical service connection fees shall be as follows: Connect Fee $20.00 For all new customers and any customer moving within the system Temporary Service Fee $20.00 Paid upon request for service by a contractor, builder, or landlord. Electric service in excess of the twenty dollars ($20.00) fee will be billed to the requester at current rates. Reconnect Fee $20.00 To customer who is disconnected for nonpayment and reconnected, or customer requesting disconnect and reconnect for remodeling or upgrading electrical wiring. Service Fee $30.00 When seal is broken on meter without prior notification of Sanger Electric System or trouble call where such call is necessitated by failure of customer's equipment or apparatus. New Residential Fee $40.00 Paid upon request of permanent service. ORDINANCE No. 15-97 - ELECTRIC SERVICE CONNECTIONS PAGE 2 New 10 or 30 Small commercial Service Fee $90.00 For new installation or upgrading of existing service, standard secondary voltage, 75 KVA capacity or above. SECTION II All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION IV This Ordinance became effective on October 1, 1997 from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this 6th day of October, 1997, by the City Council of the City of Sanger, Texas. APPROVED: John W. Coker III, Mayor ATTEST: 9 Rosalie Chavez, City Secretary ��� ►1: HUNTER ASSOCIATES TEXAS, LTD. ENGINEERS/PLANNERS/SURVEYORS 8I40 WALNUT HILL LANE • ONE OLEN LAKES •SUITE 500 • DALLAS, TEXAS 75231.4350. 214/389.9171 •FAX 214/898.3785 1108 CLAYTON LANE • SUITE 410E • AUSTIN, TEXAS 78723,1033. 512/454.8716 • FAX 512/454.2433 September 15, 1997 Mr. Sid Slocum Regional Water Program Manager Texas Natural Resource Conservation Commission 1101 E. Arkansas Lane Arlington, TX 76010-6499 RE: Complaint No. 049700462 and 049700463 Overflow at Manhole Sanger, Texas • Dear Mr. Slocum: This letter is in reference to your letter dated May 2, 1997, which requests that the City conduct I/I testing and analysis on the south Stemmons sewer line and on the sewer lines located on the west side of town that flow to the south Stemmons he, under current flow conditions. The letter also requests an evaluation of the ability of sewer lines to handle connections of any planned future development. The following existing sewer service data for the subject area was provided by the City: S.F. Residential - Mobile Home - Commercial - Two (2) Schools - 332 229 25 1,250 Enrollment Vacant Developed Residential Lots - 33 Based on the above data, calculated flows for the subject area are as follows: _ S.F. Residential - 332 x 2.5 x 100 GPD = 83,000 GPD Mobile Home - 229 x 3 x 75 GPD = 51,525 GPD Commercial - 25 x 15 x 50 GPD = 18,750 GPD Schools - 1,250 x 20 GPD = 255-000 GPD TOTAL AVERAGE FLOW = 178,275 GPD TOTAL PEAK FLOW = 527,205 GPD HAtre/JLM/SangedCompliant9-97/Sangerkl September 15, 1991 TNRCC Page Two The school flow may not contribute to the peak now but is included for calculation purposes. With the addition of the existing 33 vacant residential lots, calculated flows for the subject area would be as follows. TOTAL AVERAGE FLOW = 186,525 GPD TOTAL PEAK FLOW = 559,575 GPD For the ultimate development of the subject drainage basins) of approximately 500 acres in area, consisting of a mixed use (mostly single family residential) flow rate of 2500 GAL/AC/DAY is assumed with an average infiltration rate of 500 GPAD, resulting in a total flow rate of 3,000 GPAD: TOTAL ULTIMATE AVERAGE FLOW = 1.5 MGD TOTAL ULTDAATE PEAK FLOW = 4.5 MGD The existing sewer line at the Interstate Highway 35 crossing is 8" in diameter on 0.40% slope making the capacity of the pipe about 500,000 GPD. The existing line can carry the average flow, but for peak flow and the addition of any infiltration, the capacity of the pipe is exceeded. Line blockages downstream and the limited depth of the manhole west of the Interstate make that location the first point to overflow. The original line was built in the early 1970's and was designed to serve the area located just west of the Interstate and south of Duck Creek Road. The addition of areas which have developed further west and to the north of Duck Creek Road have continued to add to the existing flows. The existing lift station, located east of IH 35 and into which the subject line flows, has the capacity to handle existing flow conditions and increases in flow for foreseeable development. In 1985, an outfall line was designed to be located along the tributary of Duck Creek to the west, 15" - 18 in size, to terminate at the existing line at a point on Lite west side of the Interstate. This line has not been constructed to date, but will be required at some point in the future. If the existing line. under the Interstate were replaced, a logical extension of the proposed 18" future line should make the size of the crossing a minimum of 18" (which, with proper slope, would carry the ultimate peak flow in the subject area). This new line could be extended to the existing lift station if necessary and points of infiltration and problem sections of lines upstream could also be repaired/replaced. At such time that increased flow dictates, the existing lift station and downstream lines will also have to be upgraded. B/Itra/JLM/SangedCompiian�9-97/SangerNl September 15, 1997 TNRCC Page Three Please find the attached I/1 testing results and analysis on the subject area provided by GSW & Associates, Inc. Included in the report will be testing data, a listing of I/I sources, and recommended rehabilitation work. As indicated in the report, a combined total of 160 gpm of wet weather I/1 was identified which can be eliminated at an estimated rehabilitation cost of $18,500,00, Should you have any questions or require additional information, please contact this office. Sincerely, ' HUNTER ASSOCIATES TEXAS, LTD. John L. Mears, Y.E. _s 0 TF bt • Co 9' •• JLM/le y* 0' ti "66006046 M.....M.�� i JOHN L. MEARS cc: City of Sanger, Texas j ,68340 ,fit' (h. TONAL � H/IWJ[.M/Su�gedCompliant9.97/Sangerkl t i SECTION II SMOKE TESTING Smoke testing was conducted on approximately 16,160 linear feet of sewer line in Sanger, Texas, to locate breaks and defects in the sewer system. Smoke testing is a very economical and effective technique to detect wet weather inflow and infiltration sources in the sanitary sewer system. The testing was performed using a portable smoke blower with a minimum capacity of 4000 cfm. Usually, two manhole reaches or main lines were tested simultaneously by a two or three man crew who inspected the main lines and service lines while photographing and recording all smoke emissions. In addition to revealing common leaks on main lines (such as open joints or crushed pipe), manholes (such as defective ring or cracked wall) and service lines, smoke testing can also detect roof drains connected to sanitary sewer system and cross -connections with the storm drainage system. Smoke testing was performed to the extent that surcharging or blockages would permit. In the 16,160 linear feet that was successfully smoke tested, 1 main line leak, 13 manhole leaks and 21 service line leaks on private property were identified. After the sources of inflow and infiltration were identified and assigned an estimated flow rate, a cost of repair was estimated for each source. For comparison and ranking, the repair cost for each source was divided by the respective inflow rate in gpm, so that the cost of eliminating one unit of flow ($/gpm) could be established for each source. The sources were ranked as in the table on the next page (Table 2) from the least expensive to the most expensive. A total of 160 gpm of wet weather inflow and infiltration was identified that can be eliminated at an estimated rehabilitation cost of $18,500.00. Tables i, II and III, in Section III, list all the sources of inflow and infiltration arranged in order of method of rehabilitation and separated by main lines, manholes and service lines. i SECTION II SMOKE TESTING ����(��� 1 . _�__ __. _.....ww�. � .�-� �_,�, TABLE 1 SUMMARY OF REHABILITATION AREA 3E METHOD OF REHABILITATION 1/1 COST OF QTY POTENTIAL REHABILITATION (9pm) 1 ($) COLLECTION LINES Point Repair MANHOLES Reset or Seal MH Ring 4 17.0 $1,200.00 Seal Top 2 Feet of MH Wall Including Riser 3 12.0 $900600 Seal Entire MH Wall 2 9.0 $1,600.00 Replace Cleanout Lid 1 5.0 $50.00 Install Watertight MH Inserts 3 14.0 $300.00 SERVICE LINES (PRIVATE PROPERTY) Point Repairs 9 49.0 $8,000.00 Replace Cleanout Cap 1 2.0 $50.00 Replace Cleanout Riser and Cover 11 47.0 $4,400.00 I-2 SECTION I EXECUTIVE SUMMARY GSW & Associates (GSWA) entered into contract with Hunter Associates Texas, of to perform smoke testing of a section of sewer line along the 1m35 corridor vicinity in Sanger, Texas. The purpose of the smoke testing was to locate the breaks and defects in this section of sewer line and prepare a brief report giving recommendations for rehabilitation to eliminate sources of inflow and wet weather infiltration. A total of 16,160 linear feet of sewer lines and 50 manholes/cleanouts were smoke tested identrfying 1 main line leak, 13 manhole/cleanout leaks and 21 service line leaks on private property. Table 1 on the following page gives the summary of various categories of identified sources of wet weather inflow and infiltration with potential 1/1 contribution and estimated rehabilitation cost. Table 2 in Section 11, ranks the sources of 1/1 in ascending order, listing the sources with lower unit Ad cost of repair ($/gpm) ahead of those with higher unit cost of repair. As indicated in this table, a combined total of 160 gpm of wet weather 1/1 was identified. These sources of I/I can be eliminated at an estimated rehabilitation cost of $18,500.00. Box 578 Tx, 76266 i ► r j R 4epresentative to the Lake Ray Roberts Planning t i r. .r • effective 3eptember I is the provision that the Mayors of Sanger, Denton, and Pilot Point may appowit a tepresentative f0f them to serve on the comn asion. This i orta"t legislation was sponsored by IMP epresentative Mary Denny, and will allow Sanizer to continue to havevoicedevelopment tround the lake. Mayor ArmstTong worked very hard with me on the initial • anezrely hope to see Sanger's continued presence on the Comtr ssion, Denton. the montN usually at 6:30 p.m., here at the Denton C�ounty Government Center on Loop 288 in if we can answer questions i � r